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universul juridic magazin
Revista Română de Drept Privat

Law no. 17/2014: from the rationale behind the norms to the legal complexity of practical challenges

„La Roumanie: nouvel eldorado pour l’achat de terres agricoles”: Le Figaro was just noticing in April 2013 an expanding gold rush of foreign investors interested by the quality of Romanian soil, by low prices of agricultural lands and above all by the possibility to take advantage of subsidies granted within the framework of the Common Agricultural Policy. The development of the local land market, its growth potential as well as the lack of major bureaucratic constraints with these operations seemingly called for an urgent legislative intervention imposing prior authorisation requirements and the observing of complicated administrative procedures for validity of land acquisition. This is how it came to the adoption by the Parliament, on initiative by the Romanian Government, of Law nr. 17/2014, entered into force 30 days after its publication in the Official Journal. Besides the above mentioned authorisation requirements, pre-emption rights for buying agricultural terrain, initially granted by the Civil Code only in favour of the tenant were extend such as to also benefit to other types of persons. Pre-emption rights are now recognised, in the following order, to joint owners, tenants, neighbours as well as in favour of the Romanian State, through the State Domains Agency.