Romanian procedural and administrative particularities
of the sale of lands to foreign persons
Professor Titus PRESCURE
Professor Ioan SCHIAU
This study aims to examine the particularities o f the procedures and legal
instruments through which foreign persons, in the broadest sense of this term,
acquire, especially through sale-purchase contracts, agricultural lands situated outside of
the built-up area, after Romania joined the European Union (1st of January, 2007).
Likewise, this paper analyses specific international private law problems that may arise in
relation with the application of the Romanian law regarding the legal transfer of
agricultural and non-agricultural lands.
Keywords: sale, land outside of the built-up area, foreigners, residents, member
States, third States, pre-emption right.
JEL Classification: K11, K33
1. Introductory and methodological considerations
1.1 It is already an understatement that the attractiveness and the
coagulating force of the European Union reside primarily in the four great
freedoms: free movement of people, goods, services and capital. These freedoms
are, as well, instruments of elimination of any form of discrimination between the
citizens of the member states of the European Union.
Therefore, the possibility that citizens of a member state will acquire land
on the territory of any other member state – in this case, Romania – arises issues
that are not only of regional or national interest, but as well of European interest,
and not only geographically. The adequate regulation and resolution of legal
relationships involving extraneous elements, regarding the acquisition of
agricultural land situated outside of the built-up areas presents maximum
Titus Prescure - ”Transilvania” University of Brasov, Faculty of Law, Romania, prescure@schiau-
Ioan Schiau - ”Transilvania” University of Brasov, Faculty of Law, Romania, schiau@schiau-
For an analysis of th e notion of foreign person and of its legal regime, please see, e.g.: I. Filipescu,
Drept internațional privat, Actami, Bucharest, 1999, p. 214 and A. Fuerea, Drept internațional
privat, 2nd edition revised and enlarged, Universul Juridic, Bucharest 2005, pp. 81-151. For the
same issue, see: T. Prescure, S. Codruț, Drept internațional privat, Lumina Lex, Bucharestm 2005,