Abstrakt: |
the actions based on the Land Fund Law no. 18/1991 demands, in general, the completion of a preliminary procedure, in which the competence to cancel / modify / rectify the property title belongs to the county land commission; the action based on art. 51 para. (2) of the law is no exception to this rule; the preliminary procedure regulated by art. 51 para. (2) has a binding character, so that its non-compliance entails the rejection as inadmissible of the request for summons; the solution of inadmissibility is one in accordance with the right of access to justice, enshrined in art. 6 paragraph 1 of the European Convention on Human Rights. [ABSTRACT FROM AUTHOR] |