The lessee/renter has not paid the due lease/rent price under the Land Lease/Rent Agreement. What to do without having to procee
If the agreed maturity date under the Land Lease/Rent Agreement has occurred and the lessee/renter has not fulfilled his obligation to pay the due amount, a Notary letter of invitation may be sent to him, giving him a term within which to repay his obligation, and informing him that if he does not fulfil this within the given term, actions will be taken to collect the claim in a court procedure. To send a notary letter of invitation, you should contact a Notary, who will draw (if you do not provide a pre-prepared one) and serve the relevant invitation.
My sister and I had a court case for the division of the properties we inherited. We divided the properties between each other,
The purchase and sale of agricultural land is carried out through a transaction, which is certified by a notary at the location of the real estate (s).
In your case, as you have a partition case that has ended, you should provide us:
1. Title of property, as this is the effective court decision on the division, which legitimizes you and your sister as the property owners.
IMPORTANT: If, within the meaning of the decision, you have acquired the property after the settlement of the shares (i.e. after payment of money to your sister), then if you are married, these properties will most likely have been acquired by you in Marital property community, if you have not chosen a regime of separation or you have not settled your relationship in another way with a marriage contract and the parties to the sale transaction should be you and your spouse.
If the division was made WITHOUT settlement of the shares, i.e. you have received only properties, your sister too, then the Marital Property Community will not be present.
2. Sketch (s) of the property (s) subject to the transaction.
It is issued by the Municipal Service "Agriculture and Forests" and is also valid for 6 months from the date of issue / recertification, and for lands with an effective cadastral map - the sketch is issued by the Office of Geodesy, Cartography and Cadastre, which is valid until occurrence of a change in the data for the property.
3. Certificate under art. 264 para 1 of the Tax and Social Security Procedure Code. This is a certificate for tax assessment - also valid for the current year.
4. Identity document
Identity card, passport or driving license. The only condition is that they are valid and not expired.
In case you will not appear in person before the notary you can authorize a person to represent you. Then, you should provide with:
Power of attorney in the valid form as set out by the law according to which the authorized person has the right to dispose of the property on your behalf, to receive the sale price, to negotiate with himself, to obtain all the necessary documents to perform the transaction.
Who are the persons who inherit by law a deceased person?
Heirs at law are in the first place the children of the deceased.
In case the deceased has not left children or other descendants (grandchildren, great-grandchildren), the parents inherit equally or the one who is alive.
If the deceased has left only ascendants of the second (grandparents) or higher degree (great-grandparents), those of the closest degree inherit equally.
When the deceased left only brothers and sisters, they inherit in equal parts.
Siblings inherit together with second-degree ascendants (grandparents) or higher (great-grandparents), if any.
Siblings through father (from one father, but from different mothers) and uterine siblings (from one mother, but from different fathers) receive half of what full siblings receive.
When the deceased has not left ascendants of the second and higher degree, brothers and sisters or their descendants, relatives in the collateral line up to and including the sixth degree are the heirs. The one closest in degree and the descendant of the closest in degree exclude the more distant in degree. Lateral relatives are such relatives who do not come from each other (eg.: uncles and aunts, first cousins, etc.)
The spouse is also the legal heir.
When the spouse inherits together with the children of the deceased, he/she receives a share equal to the share of each child.
If the deceased has no children, the spouse inherits together with the ascendants of the deceased and/or his siblings. In these cases, it is essential how long the marriage of the deceased and the spouse lasted in order to determine the specific quotas of each of the heirs.
Only if there are no other heirs does the spouse receive the entire inheritance.
Could you explain to me the hypothesis of art. 9а of the Inheritance Act?
In order to apply the hypothesis of art. 9а of the Inheritance Act, which reads as follows:
„When ownership of properties nationalized or included in labour cooperative agricultural holdings or other agricultural organizations formed on the basis of them is restored to an open inheritance, the heirs of the subsequent spouse do not inherit if he died before the restoration of the property and there are no born or adopted children from the marriage with the testator.“,
the following prerequisites must be present:
The marriage of the deceased, the owner of the property and his/her spouse should be concluded after the nationalization of the property; the owner of the property, as well as the spouse, must have died before its restoration and no children have been born and/or adopted from their marriage. If all the listed conditions are met, without exception, then the heirs of the "subsequent" spouse do not inherit the restored properties.
As a "subsequent" spouse, the law defines the spouse who has entered into marriage with the testator after the expropriation of the property.
The hypothesis of Art. 9а of the Inheritance Act is applicable only to the main testator, owner of the property.