The Preemptive Right Regulated by Law no. 17/2014

• Author: Foltis, A.
• Position: Law Department, Transilvania University of Brasov
• Pages: 79-88

Bulletin of the Transilvania University of Braşov

Series VII: Social Sciences • Law • Vol. 7 (56) No. 1 - 2014

THE PREEMPTIVE RIGHT REGULATED

BY LAW NO. 17/2014

Adina FOLTIŞ1

Abstract: The alienation by sale, of the agricultural land located outside

the city limits is subject to the preemptive rights of co-owners, lessees,

owners in the neighborhood as well as of the Romanian state, through the

State Property Agency, in this order, at the same price and on equal terms. If

no one wants to buy, only then the owner can sell the land to someone else,

including foreign citizens or foreign legal entities falling in the conditions

imposed by art. 2 of Law no.17/2014.

Key words: pre-emption, co-owners, vendor, the right of first refusal.

1 Law Department, Transilvania University of Braşov.

1. Regulating the right of pre-emption

In art. 4 of Law no. 17/2014[1], a right

of first refusal is settled in favour

of the co-owners, lessees, owners,

neighbors and the Romanian state, as

follows: "(1) Alienation through sale of

agricultural land located in the city limits

shall conform to the content and form

conditions required by Law. 287/2009 of

the Civil Code, republished, subsequently

amended, and the right of pre-emption of

the co-owners, lessees, neig hbors and the

Romanian state, the State Property

Agency, in this order, at the same price

and in equal conditions.

(2) Notwithstanding the provisions

of paragraph. (1), the alienation by sale

of agricultural land located outside

the city on which ranked archaeological

sites are located is done according to

Law no. 422/2001 on the protection

of historical monuments, republished,

with subsequent amendments. "

This right of first refusal is exercised

with respect to the substantive and formal

requirements, according to the general

rules for exercising the right of first refusal

in the matter of sale contained in articles

1730 - 1739 of the New Civil Code.

In case of alienation by sale of

agricultural land located outside the city on

which archaeological sites are located, the

provisions of art. 4 of Law no. 422/2001

on the protection of historical monuments

should be taken into consideration.

1.1. Considerations on the previous

regulations of the pre-emption

right regarding agricultural land

located outside the city limits

The provisions of art. 48 and art. 49 of the

Land Law no.18/1991 [9] were considered

common law regarding the right of first

refusal exercised during the sale of

agricultural land located outside the city

limits. [3]

These legal texts stipulated the

following: