A Critical Analysis of the Evolution of Datio in Solutum Law in the Context of the National Housing Strategy 2022-2050
Year: 2025
Type: article
Abstract: This article critically examines Datio in Solutum Law (Law no. 77/2016) in its current form, especially in light of the National Housing Strategy 2022-2050. Initially enacted to address debtor-creditor relationships in Romania, the law's evolution has sparked significant debate in the legal, economic, and social spheres. The article traces the amendments made by Law no. 52/2020, which introduced the “condition of hardship”, altering the application and perception of the law. By contextualising the law within the broader national housing policy, the study highlights the ongoing challenges in securing decent housing for the Romanian population, emphasising the persistent necessity of longterm borrowing for home acquisition. It critiques the state’s reliance on free market mechanisms for housing solutions, questioning whether this approach aligns with the constitutional ideal of a social state or perpetuates a form of economic bondage. The article concludes that while Law no. 77/2016 now aligns better with national housing strategies and with the vision expressed by Romanian banks, its effectiveness and ethical implications warrant continuous scrutiny.
Source: EUROPEAN BUSINESS LAW JOURNAL
Authors: Mihnea-Tudor D. ORJAN, Adelina Elena STAN
Language: English
Topic: Housing Market and Economics
Subfield: Economics and Econometrics
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4408945168