Abstract

The institution of a discount granted under Art. 68.2 of the Real Property Management Act of 21 August 1997, has recently become a subject of numerous judicial resolutions and interpretational doubts. This is due to the fact that municipalities initiate court cases requesting reimbursement of valorized discounts granted. As it turned out, the implementation of the provision obligating local authorities and the State Treasury to recover the amount equivalent to the valorized discount in practice caused much uncertainty and divergences of opinion. The article aims at clarifying certain issues relating to that dilemma. The first part of the article focuses on the time the obligation to repay the discount emerges and its source. The latter part outlines the problems associated with the notion of persons close to the seller of real property in the context of the obligatory reimbursement of the discount, correct designation of the date of valorization, solutions adopted in the event of the death of the buyer and succession. The article also raises the issue of legal admissibility to waive the demand for reimbursement of valorized discounts and exonerating circumstances.