LAW of 1 January 1881 LX about the forced execution procedure in real estate *) AUSTRO-HUNGARIAN DIET ISSUER Published the BOOKLET from 1 January 1881 _ _ _ _ _ _ _ _ _ _ * Note) Supplemented with all modifications until 1928 (novela XII: 1908, 1912 and the law: the law of 1912, XLV: Regulation of the law Portareilor and dispoziţiuni Stamps, law Advocatilor, law of the Court of Cassation, etc.), annotated and with jurisprudence.
Implementation of escontentare (forced) Dispoziţiuni Chapter 1 General article 1, points a to d are repealed and replaced with the art. 31 of Act LIV: 1912.
Execution of escontentare takes place under a notarial act executor.
Enforceable authentic instruments are: 1. the final Sentence of the courts and civil deciziunile;
2. civil courts concluded before Transactiunile;
3. the term for payment enforceable; [EPS. civ. 592 and 609] denunciation and somatiunea; [FR. civ 628.]
4. civil courts if Sentences shall be declared enforceable without consideration, or if it will have no appeal;
5. civil courts, although managerial decision not final, you can't attack with appeal, which has suspensive effect, the cat is not making enforceable suspended or halted; [EPS. civ. 556]
6. Judgement enforceable civil court date in graceful procedure;
7. Decisions and authentic instruments, referred to in points e-h art. 1, of the Act of 1881: LX, all decisions and authentic instruments who otherwise legal dispoziţiuni shall be declared enforceable. (see section 1, article 410 and 672.2, art. 423 at p. 4 art. 415-417, 502, 509, 581, from 632. Civ.)
Follow the points e-h of article 1 of the law of 1881: LX: e) judgements convicting, or protocols, or transactions or copies of official data from the courts, and judges of the special courts commodity goods and values, as well as regional halls products and cereals;
f) Decisions, which contain criminal remedies against final civil;
g) Acts drawn up by notaries public, enforceable within the meaning of article 111 of law BYOMKESH: 1874;
h) disciplinary courts enforceable Decisions of administrative authorities, and of finance, whether in accordance with the current legal dispoziţiunile are given for the execution of civil judgments by courts.
In article 10. 1 is added. 14 § 18 para. 5 of the law of stamps and income tax acts and legal acts of 29 April 1927.
"The insurer will be able to follow in the event of failure to pay the insured of premiums payable under the insurance policy. Dispoziţiunile contrary to this text, set out in other laws, are and shall remain abrogated ".
Add: Art. 43 of the law for organizing body of lawyers of 19 Fbr. 1923. No. 231.
Art. 43. Convention concerning the fees stipulated between the Attorney and the client will be able to gain authenticity through the submission by the customer of an attorney and statements by the President or the Deputy or, in the Council of the section to which it's pending litigation (for notarial acts in that section).
Claims fee, established by the above mentioned declaraţiune or through another notarial act, will have the privilege to goods brought into or stored in the client's heritage through the services of attorney.
This privilege is going to add to the art. 1737 of the civil code after para. 3 forming a new paragraph 1. 3 bis, and shall enter in the register of the Court after the simple request of the advocatus.
In terms of real estate, this privilege is preserved by inscription fee receivable in securities or in the books mutaţiuni funduare.
Claims fee is made by investing the enforceability of an authentic instrument or the journal concluded in accordance with the above-said declaraţiuni. The execution will not be able to suspend about opposition only after recording the amount. The judgment of the appeal will be made in accordance with art. 41 of that law.
In article 10. 1 Add. 1 and 2 of article 2. 79 of law for the Court of Cassation and justice, No. 282, 22 December 1925.
Art. 79. The sentences, deciziunile and incheerile data after promulgation of the face, by any procedure or in any litigioasa graceful am attributes during communication.
In their counter is not permitted no appeal, but the appeal in cassation, according to dispoziţiunilor law.
(The rest without a topical).
1 Deciziunile Court of Cassation), date upon judgments coming from the rock courts in Transylvania constituiesc enforceable by themselves and therefore no longer require any formality in order to be executed, such as investing appended. (Court of Cassation i. 8034, 1926).
2) Remaining sentence against one of the defendants, it cannot co-debtors pick up the incident, as the claim is uniform and thus was not against ' forced execution could have been ordered.
In terms of execution cannot be applied to art. 80 of p. c. (Court of appeal, s.., 1839).
3) Expenses during escindere process execution cannot be set in the task urmaritului. (Santa, Hot Courtyard. XIII))-claims by stipulating a specific flat in gold coin, a liquid debt can give place to discutiuni, interpretation, such neindeplinind generally execuţiunea required by law, "cannot be ordered without prior judgement call. (Casatia s. II 345/1926).
5) If the lawyer who was empowered in the process is tripped and the sentence is handed out substitutului delegate, the sentence does not stand up to the right value. (1679, 1890) Markus. The Court of appeal.
6) will be able to require the execution of escontentare if the condamnatoare sentence against against the respondent appealed only the complainant and this only for restricted expenses in each other if the sentence was raised to value law (39/1908) Dr. Szitas.
Rule of law 7) as in the case where the term of fulfilling day falls on a Sunday or public holiday, will meet in the next day's work, according to the case-law applies to any art. (178 G, 1910) Dr. Szitas.
8) extracts the minutes, trained on the occasion of desbaterei in insolvency proceedings in the case if they were not damaged by the bankruptcy enforcement.
9) of what the division between the sides form the basis for ranking. Dr. Terfi.
10) criminal Sentence that contains and civil damages even if it has no deadline for accomplishment, is enforceable, because rising to value the rule of law, the obligation to pay shall arise immediately (Markus).
11) the sentences of the courts of appeal and courts handed down in court, even if they are not declared enforceable pursuant to article 5. 79 of the law of the Court of Cassation, the executors being escontentare are final.
12) If the process is stopped, declare it cannot ask for execution. It exempts cessation process following the incident, when mills show will be able to ask the Court for execution spesele.
13) run Any application and any action of the renewal process does not suspend the execution of the sentence, unless the suspension is granted.
14) only on the basis of the edict was acknowledged may be required, if the notary Act is enforceable under article. 111 of BYOMKESH: 1874.
Article 2 Is repealed and replaced with the Art. 32 Leg. LIV: 1912.
In the cases set out in points 1 to 6 of article 2. the previous execution is ordered by the first court, which proceeded in the process.
Courts are competent to detour or directs execution in the cases in point e strung) art. 1 of law 1881 with LX: excepţiunea boards of referees; [art. 787 PR. civ.] In cases specified by paragraph (f)), and always if indicated in paragraph h) when any special law otherwise, being that of the Court's competence, in detour whose detour stood his residence, court or appellate authority in the process.
(Part concerning the ordonarile of execution in Budapest is without topical).
In other cases, the jurisdiction of the Court for ordering the execution shall be determined by special legal dispoziţiuni. [Para. dissolve competinţa Tribunal].
Implementation of ordonandu-1) is always the first court, suspending her, according to art. 83 of the law of the Court of Cassation can only be granted in the first instance. The application for suspension must be so forwarded this instance. (Court of appeal, Timisoara and Cluj).
2) Is enough, if I copy the application for execution order is countersigned by the Attorney.
3) in the case of execution, the parties may not agree to the territorial courts competinţa. Dispoziţiunile law of implementation are required. It also refers to the notarial acts, enforceable in accordance with art. 111 of BYOMKESH: 1874.
Article 3, 4, 5, being repealed are replaced by art. 33 from Leg. LIV: 1912.
In terms of ordonarii execution under a notarial act given by an executor, foreign State, International conventions are decisive, that exists towards this State. In the absence of such agreements, execution of ordering is ingadue only in reciprocitatei base set, and if: 1) implementation is based on a final decision on the date for civil, commercial courts, or on a court with transaction effect identical;
2) against hotărîrei or trade, does not oppose any of the circumstances mentioned in article 1. 414. civ. Minister of Justice Statement, date in terms of reciprocity is binding on the courts, and in case the statement is dubious, will be required. In these cases that the Court is ordering the competence for the execution, which in accordance with art. 18 of law 1881, LX: is competence to carry out the execution.
Whether to carry out the execution, the appellate courts are more, that will decide on the execution, which is ordonarei called in the first place, she was încunoştiinţeze the other judges about his decision. If the Court on behalf of the foreign court is not competence to carry out the execution, it will transmit the appeal to that Court, which is in the same time as the foreign court will know about it.
In article 6. is repealed and replaced with the art. 34 from the Leg. LIV: 1912.
If the law does not stipulate otherwise, the ordering of execution, must be requested through a petition made in writing, in triplicate, and the first copy is attached to the original title, which are to be ordered. Judicial decisions and transactions may be attached and simply copy, noting, as the original can be found at court.
Paragraphs 1 and 2. 2 art. 6. In cambial is attached to the first copy to the original draft, and whether it lies within the competence of the Court filed for ordering the execution, this circumstance shall be noted in the request.
If execution is directed against the several defendants, or to be carried out in several places, the application shall be submitted in as many copies as each respondent and each authority seised, and portărelul, to receive a copy.
Copies of the image shall be forwarded to the authority exercised, as well as delegate, shall be forwarded without attachments; and why do I need the copy given to the one who will be watched joins copy those acts which do not yet have them.
In the cases specified in article. 1. e, f, g and h Court will retain a copy of the authentic instrument, having served the basic ordering of execution and that copy being lodged by the pursuer, authenticate.
Applications, submitted with shortcomings, must be returned for completion.
1) according to paragraph 2. 5, art. 6 in the case of paragraph 2. f,. 1, the petitioner shall submit, in addition to the original Act and a copy of it, because otherwise the application for execution will be returned.
2 run) will under article timbra 6 § 12 of the Act and tax stamps, documents and legal acts.
3) according to art. 6 of Law VII: 1912 can be ordered and the execution of the Registrar involved. Today the judge may also order alternate punches.
4) Spesele cropped up through separate executions, introduced some of the watch counter cannot be counted in those ' what task were you track.
5) in the case of execution is not required for Attorney Attorney.
6) Tribunal has rejected the request for execution, wrong by which he requested execution against the State, saying that the State is a moral person and cannot run about the budget. The appeal has been upheld, because there is no provision of law justifying the Court's decision. See the law on accountancy and public art. 13 of the law on administrative courts. (Court of appeal S. Timişoara 1386/1927).
7) request for execution given the shortcomings of form, should be returned for completion and not dismissed. (See art. 34 law LIV: 1912). (Court of appeal S. Timişoara 5826/1926).
Article 7 If the summary execution of processes are required only upon request for furniture, running can be done verbally, and that will be taken to the report by the Court.
Article 8, Urmaritorul in the application, specify petitiunea to.
Run the application it will look like, then the Court or courts in the constituency or constituencies, of which the following implementation and will remember if, wants the execution to be carried out ex officio.
Implementation may be required after the expiry of the provision set out in the Act, which serves to co-ordinate them.
Today no longer topical art. 31. Nov. 1) for training assistance these records will meet the same dispoziţiuni, as well as the receipt of the complaint or other actions.
2nd fulfillment) will have to be clarified with the calendar, so the question should be settled as chip to be calculated after the calendar. (Not stated e.g. after the death of N.N. at three weeks).
3 execution Application submitted) before the term of fulfilment must be rejected. It has no nuts a that influence until they passed resolution term of fulfilment, her being the date of registration.
Article 9. is repealed and replaced with the art. 35 from Leg. LIV: 1912.
If ordering is required based on the execution of a judgement given by a civil court, the Court which has the right to require the construction will ascertain ex officio in order to ordonarii if he communicated within legal decision which serves the basic ordering of execution, and then ascertain whether the legal term to call forwarded, or opposition with suspensive effect, and as the meaning of the law is taking place at a remedy , or opposition. If the first court ordered execution hotărîrei attacked by calling, will rule until the Court of appeal, in respect of such executions will take place pursuant to the said article 3. 41 of the Act from the face. (Act LIV: 1912). If execution is required when the file is sent to superior court, the part that asks for execution should accompany the request for execution, or the authentic copy of edict of hotărîrei, even without motivation, and if the decision was communicated to the urmaritului through the offering will join and authentic proof copy after handing over.
If execution is required based on the enforceability of court hotărîrei appeal, when the dossier was not ' process has not yet sent the first instances (CIV. procedure art. 511 and 546); the copy of the request for execution must be attached to an edict or a copy after copy, in which the clerk of the Senate hearing, will mention that day or inmanarei of the sentence and the fact that he did not request for review within.
If the term of execution is conditioned, or performing any of their own sovereignty is counter service, badly formed urmaritorul must prove condiţiunei or the fulfilment of the other requirements, as well as prior of executabilitatii, except if it does not result from the documents folder.
Article 10 the request for execution is usually resolve without listening equipment.
In the case provided for in article 4. 3 always, and in the cases provided for by art. 9, 13 and 15 only when it is necessary to not hearing the parties, when it turns out that notarial act or that act legalized private or signature (art. 92, 93 from BYOMKESH: 1874) performance of prestatiunilor, which is conditional upon ordering the execution; before deciding on the request of the Fund; in front of the Court will keep you desbatere detour brief before the Court, and in formal desbatere. ^ 1) _ _ _ _ _ _ _ _ _ _ ^) (abrogarile law made Seeing LIV: 1912, implementing civil procedure i.: 1911 and taking into account article 3 of this law, are repeated in part art. 9. "Where a previous legal dispoziţiune refers to any law or dispoziţiune provided by another law, removed from the force in accordance with article 4. 3, instead from now on will understand the civil procedure and dispoziţiunile of the present law. So instead of a summary procedure or Protocol procedure applied to courts of detour, from now on you will understand the procedure applicable in the front Court of the regular procedure, ocol provided by civil procedure, or procedure applied in place of the Protocol on the Court from now on will understand the procedure for the Court, indicated by the civil procedure ").
The last paragraph is repealed and replaced with the art. 36 of Act LIV: 1912.
In the case referred to in article 1. legei, 33 of the face (art. 3, 4, 5 of the LX: 1881) If execution is required by a court from abroad, to be orderly, hearing the parties is not required. District Court must take into consideration ex officio generally mentioned by art. legei 33 of the face. However, when the Court is in doubt, and in the documents sent and deposited not satisfactory explanations of what you need, you can ask the foreign court dela.
If the court hearing the execution order, refuse will be applied art. 17. civ. Under art. 40 of the law of the face [law LIV: 1912] deciziunei counter ordering execution is allowed. Out of this fix, it can forward the people watching and the UN against deciziunei ranking, within 15 days from the rock deciziunei is handed over, in case, when the execution was ordered in against dispoziţiunilor art. 33 of the Act from the face.
Excepţiunile suspend execution, as provided for under article dispoziţiunilor. 41. [i.e. 36 from leg. LIV: 1912]. As a result, the Court decides in excepţiunilor about ordonarii run through the year, after hearing the parties . Moreover, with respect to the exceptions, applies to articles 134, 135, 140 and 141 from Fr. civ applies even if the exception was submitted late.
Excepţiunile based on the grounds of the 4 strung, 5 and 6 of article 7. 414. Civ., may invoke and after term stated in the preceding paragraph.
If international convenţiunile have otherwise, this article does not apply. [Excepţiunile is considered as a new law remedy].
1. where enforceable judgement was given by the Court as the Court of bankruptcy, application execution will resolve two-panel.
2. in accordance with art. 17. civ. ard. in case of non-jurisdiction of the Court of Appeal decides.
3. Art. 33 of Act LIV: 1912 has about summary executions ordered on the basis of judgments given abroad.
Article 11 If the execution was ordered in the year will show accurate claims, together with its accessories, which are validiteaza and will determine the expenses arising from sorting application execution.
If the Court, which ordered the execution, is competence and for making them, and the execution will be carried out by portărel, managerial decision will be called portărel, and on which you will perform.
About ordering execution of people watching is incunostiinteaza through the first copy of the application, accompanied by the year, and portărelul, or the authority establishes that an execution, as well as through other people watching copies accompanied by deciziuni [article 6] and the people watching is incunostiinteaza with the opportunity to carry out the execution. In the case of article 7, urmaritorul, portărelul and incunostiinteaza are people watching through a copy after the minutes, followed by a year.
If the execution will not be ordered through incunostiinta ' a year, only motivated the petitioner with the restitution of all the copies of the application.
If the execution is not carried out within three months, the people watching is ordered removed from him the right to wax, or the Court which ordered the end from execution, or the person responsible for the carrying out of which from them, handing over direct deciziunei of ordering the execution.
If managerial decision was handed the cure of anti-terrorism law against this deciziuni not prevent the carrying out of the execution, according to these rules.
It is filled with art. 26 of leg VII: 1912.
If the required execution only on the furniture should not be carried out ex officio, the edicts deciziunilor about ordering the execution, need to be given on applications or on records of her execution on their counterparts and all copies to Treasurer at urmaritorului.
Urmaritorul to perform construction and necessary for both specimens exhibit portărel and follow portărelul which is competent in accordance with the regulation in court the right to carry out the execution.
In this case do not apply paragraph 1 of art. 12, al. 1, 2, 3, art. 19 and paragraph 1 of article 3. 23 of law 1881: LX.
If urmaritorul did not carry out the execution of escontentare during 3 years, from the date of execution of the order by deciziunei, will submit a new request to the Court which ordered the execution, for referral or delegation.
If the place where you have carried out the execution, it is not in force this law, article now will not apply.
1. Before 3 months of age, if not of managerial decision ordering the execution was handed urmaritului, will not be able to forward the appeal against the ordonarii.
2. the application, which was once rejected, can be repeated successfully.
3. Under regulation portareilor, today is the matter in genere portareilor body advising the Tribunal respectively. If performing the execution to be made in another court, 2nd circuit will apply articles 81 and 82. 35 from reg. port. and this will require authorization by the Presidents of both Tribunals Prime with rogatory. Also, all before carrying out any execution shall pay the fees of portarei, and head of delegation portărelului makes portareilor, a separate application to petitioner, the pursuer. In this respect the procedure under art. 12, s ' has changed. Portărelul today is paid by the State, not working on own income, as it was until now.
Because the copy of the execution shall be given with urmaritului making, in case if there was carried out the execution, people watching before three months, cannot appeal.
In case if it is prenoteaza, or intabuleaza, based on mortgage ordonarii run in c. f., the appeal may be filed immediately.
Article 13 Implementation of rule ordering in îndrituit favour, in accordance with the Act and the executor against the one bound by this act.
If the assignment arises any change in respect of the person entitled and this change is certified by notarial act or the act legalized private, then the execution needs to be ordered in favour of the transferee.
If the change does not turns with notarial act or the act legalized private court before deciding on execution, ordonarii will listen on cedend and the transferee about brief, formal question ^ 1).
_ _ _ _ _ _ _ _ _ _ _ ^ 1) see art. 3 and 9 of the Act: 1912 LIV.
In the original draft cambial, if it is attached to the application, execution must be ordered without hearing the parties even in that case, when the transfer is proven by private act with full evidential force [see article 10] Art. 55 leg LIV: 1912 complements art. above.
Through private acts with the full force of the law, that evidentiary LX: 1881 acts drawn up must be understood in accordance with art. from Fr. 317 civ. If the law of 1881: LX provides a summary trial procedure, or graceful, and the execution procedure should apply to civil works for the dispoziţiunile courts of detour. Cropped up during the execution, must take account of the special dispoziţiunile of the LX, 1881: how this law provides otherwise.
In the cases specified in the law of 1881, LX: when ordering the summary procedure? "and hearing the parties, desbatere, or probation, won't admit any hearing the parties under oath, nor taking sworn in transactional.
1. If a claim is assigned cambiala, it is not necessary, as is disposal to pass on the promissory note.
2. If after the execution right notation c. f. mortgage is passed over another and this transmission was noted and in c. f., the assignee will be able to ask the auctioneer real estate directly to section c. f. [Dr. Borsodi O.t.]
Article 14 If the Decade, condemned and died in part at right voeşte to execute only the assets that are in the succession of urmaritului, or ' successors, the execution should be ordered against known successors, or justified, or even against prominent successors. Suddenly, with the execution order, if successors are unknown, or when run through the request cannot be ascertained according to the rules as successors in the application manifest, would have the exclusive right to the inheritance, shall establish a curator for the successors, who eventually would be and who will suffer spesele. Managerial decision ordering the execution will be handed to each of the known survivors, and trustee, and based on this deciziuni implementation can only be made on the property, which is found in the sequence urmaritului or past mayors [art. 92 and 17].
1. Urmaritorul in petitiunea is not obliged to warrant the quality of the succession of the deceased debtor, if the application for execution are turning against direct successors, and only after the deceased's fortune.
2. If the estate has not been ' handed over yet, the ideal part of a sequence cannot form object.
3. proof, i.e., objects to the fact that verisimilitude forms a part of the succession, must do it urmaritorul.
Article 15 If voeşte not to put people watching the execution on objects, which can be found at lasamantul urmaritului or the goods have passed to the heirs, but directly against the successors, to resolve any such request will you brief, formal desbatere recte ^ 1) and the Court will decide, through the year, and if necessary shall be admissible even probation.
_ _ _ _ _ _ _ _ _ _ _ ^ 1) see art. 3 and 9 of the Act: 1912 LIV.
Substantive norms in force will decide if the execution may or may not have been ordered against the successors. [see article 13 of the Act 55 resp. LIV: 1912].
1. If a court sentence does not establish the quality and quality of succession, the successor's right against the beneficiary of the inventory, it will not be able to execute orders.
2. Why doesn't belong to the Middle succesiunei, and yet, it can pull under seizure by escindere and does not extinguish the action effect. (884/3078).
Article 16 If the Decade died part indrituita [the lender] his successors may require the ordering of execution, if they prove legally, as the right of succession shall be properly held. If the right is not justifiable, execution can be ordered at the request of him who likely make law or succession, suddenly with this, however, is called a curator for the validity of the claim, to clarify succession chestiunei , is obliged to teach the Court where he opened the succession, or else the money levied by execution.
Advocatul entrusted the process can run formalities on behalf of indrituitului, till she took notice of the creditor's death, and may continue even after the execution of measures was made known, out only if they do not have proceeded within the meaning of paragraph 1 above, with the clarification of the succesiunei to be obliged to teach money and Court values , where he opened the procedure of succession.
Article 17 If during the execution, the creditor is the person change, continuing the run in favor of the new îndrituit should be requested from the Court which ordered it.
Portărelul remains, however, obliged to carry out all necessary measures to ensure the claim until the Court which ordered the execution, will take action.
If in connection with the execution, efectuarei is found that people watching died, or if after the execution has stopped ordering from life, this must be carried out in accordance with art. 14 without a new decision of the Court, which ordered the execution, on lasamantului or on the goods, on the basis of succesiunei, have passed upon his successors. In this case, the trustee referred to in art. 14, will be designed by the delegation.
Article 18 If the execution is done on the property over for execution, is the competence of the Court as the Court funduare books, in all other cases, the Court of jurisdiction is the detour in Vienna which performs the execution of the court first seised is established are both detour, as court funduare books and Court of detour, as the court first seised is established, both authorities have to be apart. [Part of the execution procedure of Budapest ' has topical].
1) pursuant to article 5. 11 of Act LIV funduare Books: 1912, are given in the attribution. urban mixed.
The first copy of the application for registration of the statement that accompanied the execution of orders, will be handed to urmaritorului, other copies of the rule are portărelului, i.e. they are competent for carrying out court implement execution.
The urmaritorului, all copies will be handed out on the basis of which it can address directly portărelului, or the competent authority to carry out the execution. Expenses arising with this procedure may not be required.
The Court's competence to carry out the execution, if the execution is carried out by portărel once they have arrived, or have presented applications to run together with year, will appoint without delay on portărel and handed out applications to run together with the request, decided or i give them directly to urmaritorului.
To carry out the execution, it has delegated a judicial portărel, and in cases of national emergency if it is tripped, it has delegated an Officiant of the Court or a practitioner of law. In major cases court may delegate the carrying out the execution on a judge, or even a notary public. [art. 154]
In the cases provided for by art. legei VII: 26 of 1912, in paragraphs 2 and 3 of article 10. 19 are not applicable [see article 12 of law LX: 1881]. Art. 51. Jud. art. 1-10 Corp. Port.
View order min. Just. No. 563/1927, by which the Court admits the delegation oficiantilor when portăreii are busy.
Art. 1-10 of ADM. publ. for the portareilor service and tax laws and enforcement procedure.
Art. 1. For performing the procedure and follow-up, or execution, executarilor ordered by Justice, works under the tribunals, courts and judges, the judicial agents called portarei.
Art. 2. In addition to each court, apart from the Chief portareilor portarei number will be determined by the budget of the Ministry of Justice.
Art. 3. Rigid conditions of renumire in operation are those laid down in articles 81 and 82. 115-119 of the law on judicial organization.
Referrals for portărel will be dispensaţi condiţiunea test and adaptation period, individuals who possess a PhD or Licentiate degree in law.
Heads of portarei are 3 classes, namely class I, II and III.
Those who will be called again for class III.
Back from one class to another will be made after a period of at least 2 years old.
Duties of portareilor Art. 4. Portăreii are required to fulfil their obligations imposed by laws and regulations, the edges and atributiunilor and their competintii.
In their relations with the public, portăreii are kept to preserve decorum and requested to work with justice, understanding and moderatiune, for and against those who are siliti to enforce the law.
Art. 5. submit the entry Portăreii according to the oath prescribed by art. 11 of regulation of State public servants law.
The oath will be provided in public, sitting before the first President or the President of the Tribunal in addition to that portărelul is called in the assistance of a member of the public.
The Justice Ministry will be able to order an portărel to work for two or more judges. In the latter case the Ministry will fix and the Court that portărelul will reside.
Portăreii are held to have residence in the locality in which it is established to the Court that works.
Art. 6. Portăreii of each Court and courtyard and those advising the courts in Vienna that Court operates under the leadership and supervision of a portărel. This will work in court, will rule and will allocate work and will need to run some of them himself.
Apart from portarei, in addition to each Tribunal, Court or District Court, will operate a number of agents who will help to fulfill any duties for the execution and what they will give the portarei procedure for forwarding documents.
Art. 7. The head of the Court in addition to which they are entitled to join portăreii control and supervision over them and officials from their capitals.
Art. 8. It is forbidden portareilor to intervene or carry out sales are of impiegatilor or sindicului competinţa Customs Trade scholarship times other servants administratiunilor.
It is also forbidden to become portareilor but either directly in public sales ordered by the courts to advise who works carried out by transii.
Art. 9. Portăreii there may be no assignees of rights which are contentious, of competinţa the Court of appeal, in whose constituency shall exercise their functions.
Art. 10. Portăreii will bear the distinctive sign outside, a green silk ribbon, 6 cm in length and width of 4 cm. with a metal plate, small-size yellow taking on her mark, around which country will be the inscription "portărel under the auspices of the Court. or any court. "
The hallmark will be worn on the left upper part of the coat and will be put into the obvious whenever it will be necessary when instrumented portăreii.
— — — — — — — — — — — The art. 19 Add art. 51 of the Act for judicial organization of 26 June 1924 m. Of. Nr. 84 from 1925.
Art. 51. For carrying out acts of procedure and enforcement executarilor prosecutions or ordered by the Court, operate under the auspices of the courts and judges of court agents called portarei.
The Minister of Justice will be able to order an portărel to work for two or more judges. In the latter case, the Ministry will fix and the Court that portărelul will reside.
Art. 52. Portăreii of each court and those advising the courts in Vienna that the tribunal works under the direction and supervision of a portărel. It will work at the Tribunal, will lead and allocate work and will need to run some of them himself. Apart from portărel, in addition to each tribunal or tribunals will operate and the number of agents who will help to fulfill any duties for the execution and what they will give the portarei procedure for forwarding documents.
Art. 53. The Presidents of the courts which are in addition to join portăreii have the right control and supervision over them and officials from their capitals.
Art. 54. the number of portareilor that will operate under the tribunals and courts of law shall be determined in the budget of the Ministry of Justice.
Classification and their duties, what they guarantee to file, how to work, what fees they charge for various acts that meet and retribuţiunea their will be determined by the regulation, which provides the desvolta and everything on the portareilor service.
This art. the Bill was amended by introducing the institution of Body portarei in Transylvania. We quote so here art. 1-10 of Reg. Corp. Port.
1. See article. 26, law No. VII: 1912, according to which the summary executions, all copies should be addressed to urmaritorului.
2. When carrying out the execution of real estate, according to art. 139 shall be given a copy urmaritului.
3. portărelul, but Not the communal Mayor's Office has the attribution to conduct court decision that in terms of date with respect to the estate of the bound. Art. 127, 181 and 191 of the law and article XX: 1877. law 312 org. jud. (Court of appeal, S.I. No. 1895/1927)
Article 20 Portărelul only then is obliged to carry out the execution of ex officio, if the decisiunea ordering the execution, noted the character to perform ex officio and if before performing them, urmaritorul, or incredintatul's, does not declare in writing portărelului, as required, or as desista suspension of execution.
In the cases referred to in article 1. 3 and 4 (i.e. 33 law LIV: 1912) that the execution be carried out ex officio, only if by referral or address in the application, is obviously the opposite.
In order to carry out the execution is not cat in the same locality, portărelul may request advancement of expenses. When the execution is made ex officio, about these expenses, the knowledge of the people watching, and in the case of complaints (comisiune rogatorie), in conjunction with delegation, must be made known to the authority, which made the address, if the House urmaritului, or representative is mentioned. Art. 49. Port.
In article 10. 20 is adding art. 49 from reg. Corp. Port.
Art. 49. Portăreii will not be able to do any act and will not be able to proceed to a prosecution or enforcement, until first parties will not pay taxes.
The parties will be required to procure the necessary stamps under penalty of disciplinary punishments, portăreii won't be able to get the parts cost for stamps to be purchased from them.
If in connection with the fulfillment of an act, the party will claim that the Act is not subject to the stamp, it will, however, be obliged to procure it, remaining as the President concerned submit the case to decide.
If it will decide that the Act does not subject to stamp duty, organism appling special resonant indatora portărel will his party's restitue cost of stamps.
Article 21 Portărelul is obliged to carry out the executions on their own initiative, without delay, according to his delegation, and executions not being ex officio, in order of presentation; and if the executions are carried out in the same locality, portărelul is not obligated to perform them, unless i was given advance notice of an advance of expenses necessary for ^ 1).
_ _ _ _ _ _ _ _ _ _ _ ^ 1) View sending art. 20. This article was amended by reg. port. No longer pay portăreii. View Pag. Reg. Body Port. art. 212-218. At the request of urmaritului, portărelul is bound to mean time and day infatisarei under the serial number of your presentation, in urmaritului and sign on it, and when prevented from carrying out an urgent executiuni the military tracked, is bound to them acts in Exchange for certificates, in order to get his replacement.
For the case of intarzierei, materialiceste and portărelul shall be liable.
Art. 212.-For chases, judicial or indepliniri acts, which should be made by themselves or in portăreii out of their residence, according to the laws and regulations in force, the transport will buy away, according to the custom of the place and comunicatiune, as a result of the deal, which will take portărelul in this regard.
Portăreii will give parties for supporting documents of cheltueala transport to be used as evidence before the courts at the request of costs and tracking.
Art. 213.-For communication or indepliniri acts who are made by officials of the Body apart from the commune of residence to the Court advising that works, will pay a fixed fee portion of transportation reckoned on km of shower only, not returned, at the residence of the Court: Dale 1-20 km. 2 lei 21-km ' 50 km. 3 "" "51" top 4 "nn Art. 214. one fee will be charged when shipping agencies will meet or communicate more acts of procedure in the same locality, in the interest of the same parties and on the occasion of the same shipment.
Portăreii will have to meet the same day all shipments that need to be made in the various communes, no longer counting people mind at all from any one in the village when these turns were not necessary.
Art. 215.-payment of transportation for the State will advance the Justice Ministry as told to art. 116 of this regulation.
1. Until the legal fees are not paid, portărelul won't be able to be delegated either for carrying out the execution. Managerial decision ordering the execution will show if the execution to be done ex officio or through intervention.
2. Reg. Corp. Port. maintain in force the liability for damage caused by the portareilor delay in the works.
Art. 22 before 8 am or after 8 pm, the rule implementation cannot begin nor continue the started. The head of the Court in the case of urgency may allow the execution of previously making before 8 a.m. or after 8 pm.
In the days of the Gregorian calendar and holidays ^ 1) or during religious holidays of the pursued, only those measures of execution may be taken, which are necessary to ensure the claim, to be run.
_ _ _ _ _ _ _ _ _ _ _ _ ^ 1) Julian Calendar Today. View Sunday and rest law following the holidays.
According to art. 37 of Act LIV: 1912, the provisions of article 2. 22 hardens so that applies to national holidays.
1. Execution, i.e. insurance measure is pate and the religious holidays of urmaritului, in case of emergency.
See: law on Sunday and the rest regulatory holidays law, 18 June 1925.
Are legal holidays in accordance with art. 2, apart from on Sundays and will keep you at rest Sunday: 1. New year's day (January 1).
2. The baptism of the Lord (January 6).
3. on January 24.
4. St. George (April 23).
5. First day of Easter.
6. The second day of Easter.
8. Nadine 10.
10. First day and second day of Christmas (25 and 26 December).
In addition to those shown above is not legal you service the following holidays: January 1-7.
2. March 25.
3. on 15 April.
4. May 21 (and 13).
6. June 29 (Saint Peter and Paul).
7. August 15 (assumption of Mary).
8. September 8.
9. September 14.
10. October 26 (St. Dumitru).
12. December 6 (Nicholas).
The courts are carried out summary executions vacations.
Article 23 If execution in order to carry out, within three months, there is no aftertaste at portărel, will be presented with a report of the Court, they will put in the archive.
With the entry into force of 1912, legei VII: the first article. 23 mentioned art. Act VII: 26 1912 ^ 1).
_ _ _ _ _ _ _ _ _ _ _ _ ^ 1) see art. 12 and 19 of the law of 1881: LX.
Al. 2 art. 23. the right of execution, regardless of the nature of the claim shall be barred and the title of the final sentence or backwardness dela dela maturity of another notarial act enforceable, within the period prescribed by the civil law, for prescribing that term, you cannot pause from any reason. During the term, at the request of prescribing urmaritorului, it can give new delegation for execution.
1. only the summary executions that were handed over to portărelului for carrying out, apply this art.
2. Interest judged by a court, there shall be barred after three years [Hungarian Curia, managerial decision 62].
3. A judicial sentence be brought more than 30 years. An orderly execution in three years. After this time limit must be requested again.
4. If making the execution had passed from the presence of 30 years, the auction can not ask nor continue execution because this limitation shall not be suspended. [Curia 5594/1905].
Article 24 Portărelul, before you start carrying out the execution, it is indebted to Treasurer at urmaritului of managerial decision ordering the execution.
When carrying out the execution may be present and interested parties, both by the urmaritorului and urmaritului: 2-2 witnesses, male adults.
If people watching at home is not found, decisul will deliver to any person, or assignee. In the absence of such execution shall be carried out in the presence of two witnesses, called portărel, and in the managerial decision execution will be handed to the trustees appointed by portărel on behalf of urmaritului.
1. The remedy of law will be received if it is formulated by the trustee Board established under art. 24. (see art. 26-27, 48, 119 and 191).
2. the Urmaritorul shall be obliged to anticipate expenses trustee appointed pursuant to article 5. 24 [Budapest Court of appeals 1914]. See also art. 434. civ.
Article 25 If the execution must be taken to carry out at a place other than their residence urmaritului, portărelul will appoint a curator, who returned to the managerial decision, and if the residence or domicile of urmaritului is known, incunostiinteaza them by registered mail within 24 hours, finishing the execution time counted dela. If the execution is carried out against the State or against public fundatiunilor, portărelul is bound to incunostiinta the State's legal representative or on the central factor, îndrituit to represent public foundation by registered mail within 24 hours, from the completion of the execution.
Send acknowledgements shall annex the documents.
If the execution is carried out in the premises of the Court, it will skip the appointment of trustee, and of managerial decision ordering the execution, the execution is completed it will be handed to urmaritului himself. (art. 24)
In article 10. 25 Add art. 35-36 of Reg. Corp. Port.
Art. 35. Those who will have to make a forced execuţiune by virtue of a judgement or an enforcement order, will address the courts specified by laws of procedure in force, showing exactly what wealth has to be sequels.
After special authorization of the respective court, head of portareilor, by completing this portărelul what will end it will proceed to enforcement in fulfilling the necessary acts prescribed by the laws and the procedure to get to the fulfilment of the right of possessing the title portărel.
When fortune to follow can be found in a different County than that of the Court in question, it, through the President of the Commission organizatorie County Courthouse where his fortune, will be asked to proceadă to run.
The courts with a special section for notaries, intercession for the enforcement of the Court or tribunal concerned shall address, in terms of tracking real estate directly to the President of the section for notaries, which will make the execution by the portărelul delegate section.
If the goods seized are not tracked or not enough towards the indestularea of the creditor, laying or prosecution of seizure will not be able to do after a licensing court concerned.
Art. 36. Portarei will edit the duplicate somatiile in General, headquarters and all acts imposed on them (to do or not to do an act, to fulfill a bond, to satisfy a claim that someone has more before reaching a judgment or execuţiune), in accordance with special laws and prescripţiunilor according to the application in writing to the parties.
The documents shall be drawn up in terms cuviinciosi and will be underwritten by both portărel and party.
1. Copy deciziunei order will be awarded to a person and will not be able to leave the House.
2. In his letter, which reports about people watching the appointment of Trustees will have put and in the knowledge of the fact, as when and where the execution was carried out.
3. When the State under article counter 25 seizure is made, portărelul shall încunoştiinţeze the legal representative of the State, by registered letter within 24 hours of the execution, performing portărelul dela neglecting to comply with this formality because financial administrator cannot represent the State, that the person's competence, such legal acts must be set aside, construction. See also art. 35, and art. 5 novela, then art. 5 letter h) Court of Cassation law [Sibiu Tribunal 915/925].
4. Claims against State agents can be traced about process, without consideration for the art. 63. public law, Gen. [Cluj Court of appeals. (III) 1259/1924] article About conducting the execution will take minutes, which will record the following: (a) the execution with the brightness way) the name of the parties, with reference to ranking managerial decision and whether the execution is done on the basis of complaints [comisiuni rogatorii] 243 and delegating managerial decision;
(b) the place and the date of execution), precise time when she started and when it was finished. In larger cities, the place of execution will be noted by the strazei, the number of the House, possibly the district;
c) will show the name of the portărelului and the parties who have been the face, or their representatives;
d) indicating the bonds and their accessories, for he who ordered the execution;
(e) the precise description) measures of execution;
f) applications and any interested parties, as well as obiectiunile concerning the matter to be referred to very briefly.
The minutes will be signed by portărel, the parties, their representatives, or by those who have interest and are of the face and by the witnesses called by portărel, or by the parties (article 24). Refusal of signing or circumstance what prevent eventual signing, will be noted with the signing of the minutes.
The report and all the documents of execution, can be seen by the parties and by those concerned or representatives, and they are allowed to show off their own children's expense.
1. in addition to article 1. 69 it is not obligatory to compile the entire debt report. It will show only the capital and ACC. [see article 110-173].
2. The minutes shall be toward the spot, lack this attracts nullity works. [430/912].
Article 27 the expenses, we incur condemned, even if it has not been separately sentenced to payment of costs.
With increasing demand, as well as on the occasion of any measures, expenses arising will calculate and determine each case separately from the rock, for which portărelul is obliged within 3 days following completion of the works, to Dale lodge Court paperwork which has been delegated. District Court will determine the expenses of the procedure, in which means and the fees and expenses of the bailiff ^ 1) and it will inform the parties, and if need be to continue the procedure, will submit it to the portărelului folder.
_ _ _ ^ 1) see art. 20. Art. 4 novelei of 1908 complements art. 27 above with the following dispoziţiuni: If the execution goes to collection-a sum of money, which cannot exceed the amount of 50 ^ 2) lei without accessories, or whose object, or to the extent that it makes the execution fails without accessories, over 50 lei, the people watching cannot be slowed down nor it can be in charge of the expenses made in this urmaritorului to any measure of execution.
_ _ _ _ _ _ _ _ _ _ _ _ _ ^ 2) [was 100 Crowns]. in terms of the values I got 2:1 ratio, as well as the Crown exchanged in 1920.
These dispoziţiuni will be applied in the case of the case concerned execuţiunei continuative.
The value object from running, it is established without listening to the parties, as contained in the rules of civil procedure in force. In this matter does not admit appeal. (articles 5-8 of PR. Civ.).
Art. 16-20 of Reg. adm. publ. for the Portareilor Service.
Art. 16. Portăreii will bring to fruition all executory courts without distinction, they will carry out their protests for the Bills will do somatiunile, headquarters, notifications and all acts of judicial or extra-judicial proceedings and enforcement data by law in the fall after court agents demand and or after the mediation parties, which will give them justice, complying with these rules in their works prescribed by the law.
They will be able to give advertisers and through the body, appointed for this, summonses, decisions, somatiile, headquarters and any who are not reserved portareilor through dispoziţiuni formulas of the laws in force. In this case the agent will work under the responsibility of portareilor, according to these rules laid down by the code of civil procedure.
Art. 17. Portăreii can't circumscriptiunea instrumentâ than in court under the auspices of who.
In the case when they will be charged with the implementation of an act of procedure, in another county than the Tribunal, they will portăreii with it's completing the Tribunal concerned, through the head of the organ portareilor.
When, however, it is an act of stalking or execution that has to be done in another county, they will refer to their Tribunal's President that it will comply prescripţiunilor dela art. 35 of that regulation.
Art. 18. the Portăreii will not be able to neither in their own tool storage case, neither for or against relatives of top and bottom or affine, neither for or against collateral relatives or affine transformation until 4th grade.
Art. 19. Portăreii are responsible for the acts and instruments shall be awarded for parts and they'll give to who to return receipt documents shall take receipt of delivery.
^ 2. Atribuțiunile portărel-head of Art. 20. the Tribunal has administraţiunea portareilor Chief General of the body of portarei. He has the right of control and supervision over all the portareilor and court officials.
He will be leading, and will allocate work and will need to run himself, and some of them will sign the body with other authorities correspondence.
In the absence of them, he shall be replaced for the oldest portărel advising the tribunal, or the one that you will appoint the Ministry of Justice.
1. The expenses of running-although the process had been cancelled each other necessarily people watching them endure.
According to this art. count in charge urmaritului fee portarei charges and demand addressed to the head of portarei.
2. If execution was attempted, but only at the request of urmaritorului was not performed, the expenses will not be able to be established.
3. Procedure portărelului becomes final due to the fact that there was no opposition and put forward because the Court has approved this procedure or not.
4. when either with a portărelul in the province, apart from the city, carrying out more executions, due allowances i proportioned.
5. Advocatul, which represents the pursuer, can claim expenses and in that case, if the execution is not substituted by Attorney.
6. The expenses of the inspection process does not fall into the urmaritului task.
7. Duties of the garnishment fall into urmaritului load and calculate the sum cvantumul.
Article 28(2) Is repealed and replaced with the art. 38 of Act LIV: 1912.
Both the District Court which ordered the execution and the competence for performing them, at the request of urmaritului is obligated to suspend ^ 1) implementation or reduce the extent of execution, if the people watching will prove with authentic instrument, as the decision in which he ordered the execution is altered, removed from the force, or restricted, by a final court decision.
_ _ _ _ _ _ _ _ _ _ _ _ ^ 1) ["suspended" is interpreted with "ceased"].
In these cases, the Court may order the removal from the event and after the force of the measures of execution already committed.
People watching may refund the wax damage were caused by provisional execution and during the same process even in courts of appeal.
Article 29 How concerns the effect of bankruptcy ordered the counter party condemned, as well as the effect of executing convicted before ordering bankruptcy apply dispoziţiunile bankruptcy law (articles 1, 12, 13, 52, 152, 153, 175, 176, 238 of the Act XVII: 1881).
1. The effect of the Declaration of bankruptcy law extends over all the buildings that are folder, the object of bankruptcy.
2. See article. 22 the law of bankruptcy. Cons of bankruptcy is not running, nor the beginning continues.
Article 30 is repealed and replaced with the art. 50 of Act LIV: 1912.
When the right of execution of urmaritorului was extinguished in whole or in part or was suspended by granting a postponement, the action can be pursued to establish that court ordered construction to cease, restrict or suspend the execution: a) when he ordered execution on the basis of a judgement, if the application is based on circumstances which were actually ' arose when civil works rules were not ' could validate the process procedure leading up to decision aducerei;
b) when execution is ordered on the basis of a transactii, if the circumstance of fact relied upon was founded after the end of transactiunei;
c) when ordering execution under an act drafted by the notary public, it will be given to the request for termination or collapse and then if executabilitatii generally missing entirely or in part. Art. 113-122 of the Act and article: 1874 BYOMKESH. 29 Leg. VII: ^ 1 are repealed in 1886).
_ _ _ _ _ _ _ _ _ _ ^ 1) Abolishes excepţiunea provided by art. 143 of the law: 1874 BYOMKESH.
In the Court of appeal against the sentence what remained the first resolution, request for review.
Caan goes through sentences, restrict or suspend implementation, have the effect referred to in article 1. 38, 41 and 43 of the law of the face (i.e., 28, 36 and 40 of the leg. LX: 1881).
1. Is a new provision in respect of actions which may be ordered if the execution go forward on the basis of the Act by the notary public.
2. on the basis of an administrative act may not require run-time effect of extinction.
3. when ordering the execution of managerial decision is cancelled, shall not submited in quenching process of execution.
4. do not confuse art. 30 with art. 168 of the Act of the face, which actual rights CF 5. According to art. 104, from Fr. Civ. ard Attorney lawyer date extends the execution procedure-unless he otherwise-as well as the progeny of this execution processes. [Brasov County of detour c. 4259/1926].
The action, which tends to extinguish, restriction or suspension of execution, only then has power over the standstill continue operation beyond execution, if the fact is proved by means of a notarial act, or act with full evidential force, submitted in the original; the action shall be submitted within three days counted from the way of carrying out the execution date, i.e. the date inmanarei deciziunei dela, incunostiinteaza run the tabulation of the right funduare or books if the right execution is terminated on the basis of actually coming along later, then forwarded the action within three days counted from the way of completing the execution carried out after throwing in the fact , which ended the right of execution, i.e. the awarding of deciziunei from the presence of a court-or portărel.
District Court in managerial decision by which it secures desbaterea action, rule if the action does not have suspensory effect and cat or suspend the continuation is required as a prerequisite to incunostiinta without delay on portărel, question authority. The original Act, through which the action must be based, restrained by a court.
Action lodged with obvious bad faith for restriction or suspension of the execution, with suspensive effect, shall be punished with a fine up to an amount of 500 lei.
1. the Court must examine and e content of the document, which is apt for the suspension or not.
2. If the execution is carried out in another place in another constituency, the three days required by law will calculate postage, when Dale was sent, because the action in accordance with art. 30, the process is the Court files ordered his execution.
Article 32 Making execution cannot be stopped through opposition or resistance excepţiuni.
When it finds need for execution, portărelul open camerile and urmaritului tanks and you search warrant.
In the case of opposition the execution is carried out with the assistance of the nearest police body, the commune or County concerned, to which the delegate is addressed directly. If it takes force, army portărelul is forced to ask it by the head of the Court, who has delegated.
In case, if the execution was stopped by the resistance, portărelul is forced to make special report to start criminal proceedings.
1. He sees art. 165 Code pen. Wicked oppose, he is liable to pay and the damage caused by his attitude.
2. will directly address foresees the parquet.
Article 33 The Royal Palace and in general the buildings belonging to the Royal Court, or what in the living apartments of members of the Royal family, as well as to those that have the right to exteritorialitate, construction can be done only by the Court of first portărelul Butler, or by a judicial organ, Chairman of he ^ 1).
_ _ _ _ _ _ _ _ _ _ _ ^ 1) today in terms of topical only those with the right to exteritorialitate.
Buildings or places which belong to, used by the army, the execution can be carried out only after the master's respectively to inform. The master may send a person belonging to the army, to assist in carrying out the execution.
Article 34 Is repealed and replaced with the art. 40 Leg. LIV: 1912.
V. deciziunilor of courts data during execution, and against the execution ordered by a deed of notary public, appeal shall be allowed, how about apelatiune is not excluded by law.
The appeal, filed in contra deciziunilor data during execution by the District Court judge to be circling the courthouse, and the Appeal Tribunal made against hotărîrei, it is admissible, the judge at the Court of Cassation.
In v. deciziunei of ordering the execution, if it was made on the basis of a comisiuni rogatorii of a foreign court, the appeal may submit within 15 days. In this case the appeal shall give place and then, when the second Court confirmed the managerial decision to the Court. This rule may be applied toward the second deciziunile of the Court who shall be brought as a result of the appeal made against the deciziunei brought about the executiunile in the meaning of art. 30 of the law (i.e. 1912: COURTNEE art. 10 of the leg. LX: 1881).
Into how the law has not otherwise counter hotărîrei the second court date, there is no remedy.
In the second against the Court rulings, by who have ordered execution-înţelegandu-is here and as insurance and secvestrul,-shall be allowed appeal.
As regards the appeal, will apply to civil works dispoziţiunile. The counter measures, dispoziţiunilor portărelului, or judgments can be made shall be refunded. Art. 34 of the 1881 law be abolished: LX.
1. Shall not be allowed against the appeal brought under article deciziunilor. 44 and 104 of the law of the face.
2. Must hold good. The opposition can only be made against decisions taken measures or portarei. Thus, if portărelul do a number is permissible in opposition. In court against acts is not admissible opposition but appeal. With respect it does not respect the letter of the law, kinda because appeals are addressed mostly cons dispoziţiunilor, naturally very wrong. Per analogiam-s ' might apply here-available sentencing dela art. 99, compared with a wicked opposition makes obvious bad faith.
3. Justification for dropping the deadline for appeal is not admissible (1782/1906).
4. Managerial decision the Tribunal court date in the second final. See art. 79, the law on the Court of Cassation. Against this, however, is allowed in the appeal in Cassation.
5. More deciziuni, a single appeal, cannot attack. Is cause for rejection. (1093/912).
6. the Court, bringing the once a decision ex officio, nor any on demand cannot revert them, even if it is wrong. It exempts the case provided for by article 6. 333. civ. disciplinary procedure Is a case of. (447/1915).
Article 35 Contestation must be submitted to the Court, or portărelului, within 8 days from the rock steps and dispoziţiunile prejudicioase, or deciziunei, which from producing hand-injury, portărelul being obliged as within 24 hours, to submit to the Court accompanied by acts or ratio.
Art. 35 in paragraph 1 is supplemented by art. 5 novelei from 1903.
The opposition may be made orally, and on occasion before portărelului efectuarei portărelul prejudicioase works, and is obliged to record it in the minutes.
Art. 35.2. The jurisdiction of the Court, in accordance with article 5. 18, within 8 days of opposition and will judge if it takes going to listen to the parties, or on portărel, and if ever an act cancels the procedure to delegate as wrongful, at the request of the parties and after their reckoning, portărelul may be obliged to pay the expenses caused, within 15 days.
In article 10. 35 Add art. 64-87 reg. Corp. Port.
Art. 64. (from reg. Corp. Port.). Portăreii are personally liable to the parties for acts declared null and made by their intercession and failure to comply with the laws and procedures with who have been charged and the cause would result a damage to parts.
Portăreii are also personally liable and deeds and mistakes they agents tasked with making or carrying out the acts.
Art. 65. Portăreii are responsible for the acts and documents that will be trusted by the party and who they will give it to your receipt at inapoerea acts shall take receipt of delivery.
Art. 66. Actions in liability in damage against portareilor for parties with opportunity creation of completion or execution of acts and for the acts and documents entrusted to them, they will turn to the Court advising that works portărelul, whatever the judicial authority that pronounced the nullity or vitiul found that gives place to the liability.
It shall also advise that works portărelul is competent to judge and he pretentiunile what r judge in contra portărelului guarantee refund within three months who are made publicaţiunile required by article 92. 14 of the regulation.
Art. 67. The whole procedure for actions in accountability or reclamatiunile cons for the release of the security, or when such actions are pretenţiuni, for acts committed in the exercise of their portărel's function, will be exempted from any stamps and any other fees and expenses of the procedure at all.
Art. 68. the Chairperson of the Tribunal or the courts, the first President with several sections relating to reclamatiunea will set a day of judgment to be given in the plaintiff's knowledge, focusing on the period of notice and a copy of reclamatiune which will be handed to the defendant.
Period of notice will be dela 3-15 days at most and will be put into order to the defendant at least two days before the day of worldwide judgment.
Art. 69. The procedure for calling in regard to the respondent's portărelul, will meet the claimant through the body of the head of portarei or the one that you place. This disciplinary punishment, under will put forthwith a copy of the complaint in order to portărelului, who will give evidence that took notice of the date of the presentation.
In case when the respondent will not portărelul to give evidence, the head of the portărel or that which you place them will attest that notified the show, this complaint justify performance of attestation procedure.
Art. 70. When the action is directed against the head of portarei, the procedure for calling will meet by the Registrar of the Court.
Art. 71. on the day of the presentation, the Tribunal will take research, before other processes on the same day.
Art. 72. For any damage up to the amount of 5000 lei, the courts will judge the last instance.
Art. 73. The procedure for notification of decisions will carry out in the manner described in article 11. 69 and 70 of that regulation, in person or at his residence and portărelului according to dispoziţiunilor from civil procedure.
Art. 74. the term of appeal, where the damage will be greater than 5000 lei will be 20 days when pronouncing judgement was removed from him ' gave contradictorilor and communication when judgement was given in the absence of.
If the decision was given on a contestari to run, or in an opposition, the call will flow from the rock, even if the date of the decision given in the absence of an opponent's or contestatorului.
Art. 75. the period for the exercise will be a month that will flow from the rock pronouncement when was this part, or part of the communication when Dale was failing.
Art. 76. The procedure, both in call and appeal will carry out in the manner prescribed in article 21. 69, 70 and 73 of the regulation.
Art. 77. the remaining final Decision will be able to run on the party's election, either on the guarantee when portărelul has a warranty, either upon proper retributiunii portărelului convicted.
In case when the decision is made on the retributiunii execution will be done through the mediation of the Ministry of Justice, acre will retain from amounts due, lad ordonantandu them to the party.
Art. 78. For damage caused to the parties with the opportunity in the course of his deeds committed, retribuţiunile portareilor, can be traced up to the third part.
Art. 79. If the decision is made on the warranty, portărelul will be required to complete the security within 15 days from the way of execution, when the fact for which he was called upon in judgment has not entailed relief.
Art. 80. the Chairperson of the Tribunal will shall immediately notify the Ministry of Justice having suffered decline in warranty portărelului sentenced, and if it has not completed it within 15 days, to take the latter case appropriate steps.
Art. 81. in addition to the penalties prescribed by the law of the disciplinary judiciary and who will apply and portareilor after the seriousness of cases, portăreii will be subjected to fines, on behalf of the IRS, for contraventiunile to dispoziţiunile.
Art. 82. Fines shall be handed down by the judicial authority which found contraventiunea on the occasion of judging process.
Art. 83. the Chairman of the Court or Tribunal, after court times judgment found contraventiunea and pronounced fine, will communicate immediately if the Ministry of Justice, showing fine to which he had been subjected to portărelul. The Ministry will pay the fine at Cassa.
The conclusion that the conviction a fine all-round is final and enforceable; It cannot be contested on the track, nor an ordinary be extraordinary either.
Art. 84. Portăreii may not refuse their services for documents are indrituiti to do.
Contravenirea to these provisions or undue delays in execution acts, will be established with fine dela 200-3000 lei, in addition to other disciplinary punishments and reparations for the damages caused to the parties.
Art. 85. Portăreii will be punished with a fine from 200 lei dela 3000, in addition to other disciplinary punishments and remedies the parties: 1. In the case when the trials will delay due to failure to comply with the procedure in time or in accordance with the law.
2. where any act or any operation will be cancelled due to neglect, error or neobservarii by portărel of dispoziţiunilor.
In both cases above, the documents shall be restored in the portărelului reckoning of whose fault the procedure wasn't at the time or well fulfilled.
The Justice Ministry will be încunoştiinţat about this lad to retain appropriate amounts from portărelului.
3. When portărelul will suspend, without lawful reason, any tracking or other relief measures, times will not wrap up report stating the causes of the suspension.
4. If you do not submit either immediately or will submit within the time limits prescribed by regulation, acknowledgements, documents and records will be terminated for various operations or chases.
5. If they do retribuiri or liberari of recepise, in cases where this regulation stopped.
6. If you are not going to spill at the time prescribed amounts charged or will not be submitted to financial administration revenue taxes.
7. If they want their own cause in the tool storage or for times against relatives provided for in art. 18 of this regulation.
8. If you delegate to other people for doing an act, which by law is required to make it himself.
9. If you will not keep records prescribed by this regulation.
Art. 86. In the cases provided for by art. 84 and no. 4, 5, 6, 7, 8 and 9 of the previous article, the punishments to fines will pronounce the first President or President of the Court of first instance once it finds an irregularity committed.
The Presidential Ordinance, which ascertain the deviation and condemnation at the fine, is final, she cannot attack is no way.
This Ordinance shall be communicated to the Ministry of Justice and the Chief of portareilor in the image shown at art. 83 of the regulation.
Art. 87. laws, Charging will be done personally by the portarei.
Are subject to penalties provided for in the penal code, the portăreii who will charge higher or not provided for in the laws and regulations which snaps.
In addition to the punishment, they will no longer be obliged to restitue parties amounts charged more.
1. a tendering publications ilegulare is allowed in opposition. If the irregularity is obvious, portărelul will be compelled to expense. If the opposition is unfounded and the parties have been heard, the authors will pay the expenses caused.
2. The notice of opposition may be given, and the report. To that end, for its portărelul judgment, shall submit an emergency court acts.
3. The procedure for the execution of the opposition terminul is 8 days regardless of when the Council took note of the people watching the Act portărelului. So the complaints submitted over the period of 8 days will have to be rejected as of late. (30/1903 Gyor).
4. the ex officio procedure portărelului can not be undone. [8436/Court Budapest 1905].
Article 36 Is repealed and replaced with the art. 41 of Act LIV: 1912.
Until final resolution of the appeal, with the case referred to in article excepţiunea. 104 of the LX: 1881, can't make the auction, the amount resulting from the execution cannot apply for indestularea urmaritorului and any order from his hand; If the execution goes to the repayment of fungible things or effects, the object of condemnation than seizing and putting his under seals, and if the object for which it was made no longer existed, condemnation is allowed for equivalent seizure.
If the law of 1881: LX, or as otherwise provided by this law, dispoziţiunile the preceding paragraph applies to each case, when the law on the implementation of atribue have suspensory effect following an act of procedure or under civil works or to the presence of the courthouse legei will suspend execution in the course of the works.
1. This art. It contradicts art. 37 of the law of the face.
2. late ' Appeal has suspensive effect in any condiţiune.
3. With respect to article 12. 34, 35 and 36 of the law executionala on 25 January 1888, s ' prezidial gave an order from the Government since then, under no. 1605, which States clearly that the auctions will be fixed on a longer term, such tenders may be withdrawn in time before the auction. So, if within 8 days, the auction becomes final, it may not necessarily, of course you being atacabila with the opposition. For this purpose the term portărelul will follow and after 8 days, will note his acts as ' opposition has arrived.
4. Constestatia can teach and portărelului.
5. The attribution of the head of inmanarilor District Court for urgent regulation of controlling publicatiunilor auction.
Article 37 submitted in the appeal, against judgments, have suspensory effect only upon the issuance of the price resulting from the auction attire on the furniture, on the efectuarei estate auction, the assignees of claims poprite the favor military tracked the cash money ordonanţării on the urmaritorului object teaching and on the implementation of escontentare against portărelului convicted under article. 35. The appeal lodged against the deciziunei ranking have suspensory effect and the auction of seized containers.
V. hotărîrei brought by the first court, which performs managerial decision date by the Court confirming or second reformuleaza judgement that if attacked, and ordered the auction, assignment of claims in favour of poprite urmaritorului, the ordonarei or the handing over of the object running in favor of urmaritorului, appeal.
1. This art. amended by art. 41 law LIV: 1912 final para. which States that the appeal has suspensive effect and so tender you can not you if it has been contested with opposition. The appeal will have the same effect, what emerges from the last para. of art. 41.2. View explanations dela art. 36.3. They will not be able to run under any condition prescribed by laws, article 2. 123, 125, 169, 201, 215 and 221 in the event of an appeal.
4. Art. 37 we give general references about the effect of the appeal. Details contain art. 38, 40, 115, 119, 176, 186, 199, 236, 239, 244, 251 and 252.
5. in virtue of the Immling dela art. 37, claims that the appeal introduced against execution, or deciziunei of intabulării order execution law, does not have a suspensive effect on the ordonarii estate auction.
6. The appeal in cassation may submit only if there are rigid conditions art. 24 of the law of the Court of Cassation. So it should be explained and art. 103 of the Constitution. [Casatia S. No. 267/1927].
If as a result of the opposition procedure, the provisions of portărelului shall be cancelled or managerial decision, i.e. to formulate the appeal lodged by the pursuer in this regard only in ' both have suspensory effect, for how acts of implementation, remain with the effect of law until resolution of the appeal.
1. Although the law does not say, it is obvious, that in particular it is about managerial decision in the first appeal, the Court, for the second final managerial decision.
2. If you do appeal, the Act portărelului even canceled the first court should be maintained until resolution of the appeal. In the case when it comes to an act of continuativ portărelului and he has been cancelled, you have repeated.
Article 39 Is repealed and replaced with the art. 42 of Act LIV: 1912.
To continue execution have suspensory effect shown. 41 of the Act (art. 36 front leg. LX: 1881) and that although no final court decision by which he reformed, was removed from the force, cancelled or restricted the extent of hotărîrei, in which he ordered his execution.
If the judgement to restore dispoziţiunile hotărîrei, in which he ordered the execution, it should be continued.
The last paragraph of art. 38 of the Act of the face may be applied if it (means law LIV: 1912).
1. Instead of art. 36 of the law of the face came into force art. 41, and instead of art. 28 was introduced to art. 38 of Act LIV: 1912.
Article 40 is repealed and replaced with the art. 43 leg. LIV: 1912.
Running the regression is allowed if the decision was ordered and carried out the execution, it was reformed, restricted or removed from the force of a final court decision.
In these cases the implementation of recourse will occur and if tracking voluntarily has sated on the pursuer, in order to prevent the execution, but only when indestularea was made through mediation or court was made in the course of execution in front of portărelului, or it can prove by notarial act.
Execution is performed according to regression set for execution in General.
The last paragraph of art. 38 of the Act of the face may be applied in the cases referred to in this article (see article 43).
1. the purpose of the performance or recourse is to play urmaritului about running what i was taken through the execution carried out.
2. If on the occasion of a usage was taught there a thing wrong, it can be ordered for execution in regression (1958/78).
3. If for instance after a judgment of the Court of first instance, the second court date, people watching had to pay court costs, but the Court quashed the decision in favor of people watching as the debtor will be entitled to reimburse the amount paid in spending, as its debt payment. (1905). Article 41, part indrituita, is condemned as before or even after ordering the execution of make, through the intervention of the court process, payment of the amount to which he had been convicted.
If for this purpose should be presented both sides in person, after he established the identity of the parties recognized, about making your payment it will compile a report which will be subscribed by the parties and will be joined on the record. Those who paid, receipt and unloading.
When it presents only the convicted, will quote without delay one who won, or representative or, if he fails to appear in person or through an authorized signatory îndrituit to receive the money, the condemned is entitled to depue tribunals available to the creditor the amount that has been ordered, irrevocably in favor of the winner.
The condemned is bound side to bear the expenses caused to the creditor or his agent or his prezentarei.
All such payment may be made by the appellate court and interfering with the carrying out of the execution, but only then, if the creditor or holder of a îndrituit to receive his money, locueste district appellate court in carrying out the execution.
Dispoziţiunile above are applied properly and then, when the obligation is not the nature of her personality, but payment can be made without a PIP on the premises of the court official.
Art. 41 Add art. 42-45 of Reg. Corp. Port.
Art. 42 in the case when the debtor is opposed to placing a value what is required or justifying this submission through the receipt of deposits and in accordance with these rules of civil procedure consemnaţiuni, portărelul, besides the minutes what is obliged to finished, you must give the debtor a proof of receipt of the appeal and value of recepisei or submitted and suspend tracking.
When the debtor, however, opposes to the follow up without deposit and the value of what is required, the portărelul will end the pursuit, remaining the same as in the counter which she was made opposition to the competent authority according to dispoziţiunilor from civil procedure.
Art. 43 When a tracking or any other operations of the relief measures will delay after request of the creditor, portărelul will be obliged to conclude a report stating this.
If the debtor in connection with the prosecution of its obligation to make payment, will conclude a report drawn up in duplicate, one from who will be left and the pursuit will cease.
Art. 44 Portăreii will be owed, under disciplinary punishment and compensation as within 24 hours after their return, to submit to the head of the portareilor body, the registry of the Court in question, protocols concluded by them on the spot.
Art. 45 When the performance of any act invested with enforcement, decisions, judgements or court cards ' would arise a foreclosure than those prescribed by law and portărelul in charge of the work will suspend execution and will report to the Court who nodded it.
For impiedecarile an act to suspend any invested with enforcement or a decision what is run by portărelul rogatorie, the Commission will report to the President advising the Court that works.
1. Portărelul, civil No. deciziunei according to 21, will not be able to receive amounts as paying his hand only at the event, or if you buy the effects provided for in art. 121. art as well. 108.2. Expenses arising with pay, made through the intervening Court, fall into the urmaritului task.
3. You cannot proceed according to this art. in the case of partial payment.
Article 42 If people watching has filed against the sentence having served the basis for the appeal, ordering the execution of request for justification or reviziune, or action in nullity, which do not suspend execution and at the same time looks like the Reformation, disolvarea, cancellation or withdrawal from enforcement of the sentence or execution could endanger the right of contribution or recourse, the wax like indestularea or execution of escontentare should be subject to a security exposure in part urmaritorului and in the case when such security shall be given, not to be allowed in lieu of payment as to amount or subject to depue executed, and if the object is not required to be filed with the Court, to store the money equivalent of the object, which will be established possibly by hearing experts.
This request will have to be submitted to the court process and that in case of need before you decide will be able to listen to the opposite side.
As security-' parties have agreed otherwise-it will get the money ready or declared acceptable effects as a guarantee from the Government, but only worth 2/3 two-thirds of the course, nor in a case with a value that far outstrip the nominal value.
Request submitted only has suspensive effect upon execution efectuarei ordonarei execution of the already ordered, if the amount deposited with the Court or object, with respect to equivalent recte object which was given life sentence.
Art. 44. leg LIV: 1912 amend art. 42 in that call mentioned in art. apelatiune will understand, and dispoziţiunea of this art, that refers to the process of invalidity and cancellation of the sentence, remains without effect.
see article 1). 502, 572, 786. civ. burn, then art. 71 and 83 of the law of the Court of Cassation.
Art. 71. Împricinaţii will be able to ask the implementation work of the final judgments given by the courts of appeal or courts, but this implementation work will be able to suspend the antagonist's side by ensuring an adequate value or filing case but when will start the request for cassation.
Appeal in cassation and suspend without insurance or deposit of the value of the process, the implementation work of the judgments regarding the displacement of borders and the abolishment of constructiuni. Also in the field of claim, ownership, or any other business where there's a condamnatiune to a sum of money, the first instance court whose decision is enforceable so we can following the request of the interested party, its încuviinţeze suspension with bail, appreciated by the Court, after hearing the parties called into the Council.
Bail will not be able to release one month after the date of the rejection of the appeal, which from the outside only if within that period the right of action for damages lawsuit.
Art. 83. The insertion of the appeal in cassation against the judgment of the judicial decision, or deciziuni will be able to ask and the suspension introduced under the rules in force in their respective territories shall be decided by the Court jurisdiction in accordance with the same rules.
1. In accordance with the law of the Court of Cassation dispozitiunei art. 83. The request for suspension will address the first instance always. [Court of Cassation s. III. No. 949/1926].
2. a Suspension may be granted pursuant to article 13. 71 the law court of Cassation Court which pronounced the final decision, which is executed. [Casatia S. No. 175, 22 June 1926].
3. Assessment of the danger remains in the attribution to the Court. The law does not prezizeaza.
4. in cases when it is brought into question pay for food, rent, maintenance, etc., is not permitted, the Court is obliged to investigate necessarily the basis of claim.
5. In case when the debt was divested, the danger must be compared to the assignee.
6. As this stuff is brought in suspension discussion, is that as the essence to store previously.
7. View aci art. 127 from Fr. Civ. ard: Art. 127. the security spending, but if the parties way ensure not establish otherwise, it will deposit cash/good as declared by the effects. The effects will be received 2/3 of the standard course with condiţiune over face value.
8. Front of a wicked right to judge what is liability no longer require attestation of danger. Also towards foreigners.
Chapter 2 Execution for the monetary claims Article 43 collection Implementation is proceeding for the collection of pecuniary claims, can be made upon averei movable or immovable or on both of the fortunes, suddenly.
In the request for execution or order in the minutes, drawn up in accordance with art. 7 urmaritorul must show his wealth in the counter which voeşte to do. If urmaritorul intend to do execution upon movables is sufficient to designate the Court in which the district is located on voeşte furniture to execute them.
In the managerial decision, for ordering will be shown in addition to capital, interest rate, term and gauge when interest is due date.
If the verdict or transactia, under which he ordered execution does not contain an obligation to pay interest, from the tenor of the term until payment, calculate a delay interest rate of 6% ^ 1). [art. 35 para. I. Copr. Port.]
_ _ _ _ _ _ _ _ _ _ ^ 1) tilting Law art. 49. In article 24. 43 Add art. judecaţilor acceleration Act 49.
Art. 49. the legal Percentages will be calculated after discounting the National Bank augmented by 4% in civil and commercial matters 6%.
1. See article. 49 the law of acceleration. Today it's interest in civil causes 10 percent, 12 percent and commercial.
2. When the execution was ordered on the furniture and buildings suddenly decision ordering is given twice urmaritului. Once, when it is transmitted for execution, preparation of the right C.F. section a second time when the execution is carried out since then.
3. applications can be done separately. In this case the second application judge according to art. 117. If execution was not first have been done, the second must nevertheless be orderly, but without spese.
4. the request for execution on the very top of buildings are laid down in art. 135.5. Although the meeting did not provide payment of interest, the decision to order, upon request, will provide.
6. After the expenses of the Court shall not be incumbent on the interest. An exception is the case when the Court is fixed interest transactia.
7. patent right will be able to get under the execution but will be noted in the register of patents.
8. Fruit, being considered as pendente estate, cannot get under seizure, than with the ordering on the real estate for seizure (see art. 295 Cod. Civ. anstr. and article 211-215 of the law of the face).
9. The rent due date, you can run, like any other mobile. Rent due date in the future cannot get under the seizure than with ordering on the real estate for seizure.
Article 44 If he ordered an execution that was requested on the furniture, or furniture and buildings, which can be found located in the districts of several justices, urmaritorul may require that each execution to be carried out.
If urmaritorul, although it had knowledge that the execution carried out earlier on some mobile-claims and its accessories are covered fully and yet has performed execution elsewhere, people watching may request that the Court ordered dela execution, to be downloaded from the expenses arising with implementation, to be downloaded from the expenses arising with implementation carried out later , and urmaritorul to be sentenced to the costs caused.
Upon such a request, the Court of Justice in case of need, will decide after hearing the parties and after the sight of execution. In v. deciziunei data, you cannot appeal.
1. Art. 44-46 is a complex. Particular art. 44 features about the prosecution case when he entered portareilor yet; 45, when this stage is competed; but 46, when money has already, but incurs may not yet be released.
2. Appeal against deciziunei date under this article 2. is excluded.
Article 45 If the execution was carried out on mobile, which are found in the districts of several justices of the detour, cat claims and military accessories were fully paid urmaritoare from purchase price resulting from the auction that was held primarily at the request of urmaritorului, the other disolvate will declare executions, and appellate courts will be încunoştinţate.
If the execution is done on the furniture and buildings, and claims he paid urmaritorului completely in the course of the auction held on the furniture, the Court which ordered the execution, after receiving the documents, is required to make rogatory without delay to the Court's competence to perform the execution on the property, to require the deletion of executing and eventual extinction paralegal, committed.
These dispoziţiuni shall apply accordingly and then, when he ordered the execution of mobile, which can be found in more than one constituency to court funduare books.
Article 46 in cases indicated in art. the previous, if any amount resulting from the auction is hampered due to rezolvarei issues of priority, or if the purchase price resulting from the auction of real estate was not yet distributed, people watching may be required, as the District Court jurisdiction to carry out the execution, to suspend the execution other acts, whether it will look like from the purchase price, with the highest probability, will be fully paid for claims and accessories in order that the execution was done.
1. where as a result of auctions, urmaritorul and obtained its bonds, but there have been several executions, carried out in several places, the other shall be considered as soon as disolvate.
2. When the people watching indestulit of the amounts entered at the auction, if there are real estate and other real estate auctions in progress, people watching will have to justify the payment made, as the Court has referred the matter ex officio C.F. the other court. Other executions, however, the securities can be impiedecate further, not only by petition, and even opposition.
Title I, Article 47 securities Execution seizure of mobile, is done by the conscrierea delegate.
Seizing the moment when conscrierii, giving a lien on objects.
If the objects are executed, is so small that the anticipated, no ' would reach higher than the expenses of seizure, auction should be removed.
The right to indicate who will seize objects, the urmaritorul, even if the debt is secured by pledge or mortgage already.
When the execution is carried out ex officio, without the urmaritorul right to be represented, pointing to portărelul.
Sequestration will continue until urmaritorul starue, and if the execution is carried out ex officio, until the debt and accessories will be covered. Objects which urmaritorul, or else, they declare that they are not the property of the person sought, or other reasons, it can be assumed that are owned by others, only then can be seized if the pursued other mobile do not show enough coverage for claims. In the report the execution will proceed with name and alleged claims to those houses.
1. Urmaritorul is not entitled to suspend execution for each security procedure in order to continue the next day all there, but later in the day. [183/1906 Borsodi].
2. in article 5. 47-134 it provides for recovery of pecuniary claims.
Before the auction is inherent in execution. Legal right of pledge cannot validita otherwise.
3. by execution to obtain lien, even conscrierii objects from the time. Has the importance of the case provided for by article 6. 87.4. The law does not secure the amount up to which you can make the execution, which is before the urmaritorul or representative. However, the implementation of its own law, says that until the debt is covered.
5. When an object only in part form the urmaritului property, it will seize the part ideal.
Article 48 Objects who stood in the imprisonment of the person sought may seize without any condition, and furniture that are still in the imprisonment of a third person, usually only when they can seize, if third person consents. The execution will have to be made and if regulators side opposes it, if the evidence on behalf of the room is done, urmaritoare objects who must be seized are the property of urmaritului. Will incunostiinta in this case the regulator or your House, or trustee appointed by portărel (art. 24). The regulator has the right to make opposition and appeal proceedings against this procedure and act if the appeal or proceedings shall be cancelled, portărelului, directed against this appeal do not suspend the deciziuni release of objects under seizure.
If you do why are likely to inhabit as the third person's imprisonment, would form the opposition against property seizure, urmaritului will go into the minutes and the regulator is liable for damages caused to the pursuer with opposition to starting dela date report. Claim of damages may be an ordinary path validita trial (articles 42-43 Corp. Port.)
(The law, art. 95 P.92:1875. Private lenders do you singular members of the caregivers collective name can't take insurance from seizure escontentare any claims, rights, objects that belong to the company, and no party should be allowed from this singular members. -For insurance or indestulare them only serves the interest of the creditors, salaries and dividends or tantiemele what are yours singular members at all times, or liquidation. -Rights, which were formed on the data object of the society by members at their entrance in singular company, remain untouched). -art. 239). In article 24. 48 Add art. 42-43 reg. Corp. Port.
Art. 42. In case when the debtor is opposed to placing a value that is required, or justifying this deposit receipt of submissions and proceedings under these rules, consemnaţiuni, portărelul, besides the minutes what is obliged to finished, you must give the debtor a proof of receipt of the appeal and value of recipisei or submitted and suspend tracking.
When the debtor, however, opposes to the follow up without deposit and the value is required, portărelul will end the pursuit, remaining the same as in the counter which she was made to make opposition to the authority of the competinte according to dispoziţiunilor from civil procedure.
Art. 43. When a tracking or any of the relief measures will delay after request of the creditor, portărelul will be obliged to conclude a report stating this.
If in connection with the prosecution of its obligation to make payment of the debtor, it will incheea a report drawn up in duplicate, one of whom will be dropped off its pursuit will cease.
1. required this Verisimilitude. will be made through statements from witnesses.
2. For the purpose of determining the precise circumstances of the detentiunei should be applied with great carelessly into account art. 26.3. Execution only in that case you will be able to be annulled on the basis of this art. If grievous things were executed, and the imprisonment of another aflătoare verisimilitude was not done.
4. Pursuant to article 5. 34, opposition, if refusing to execute portărelul. In this case, materialiceste is in charge and if things are disappearing. (See also art. 386 of the penal Code).
5. The implementation of the orderly payment of a firm may not be extended to the property of members of the company. [B. 4761/1912].
6. The territory of the code. CIV. austr. It is acceptable to execute wealth succession nepredate still present. [B. 1940].
Article 49 while căsătoritii living together and if, when the execution is directed only against the husband, may seize furniture, which are in their ^ 1) imprisonment, except for jewelry and argintarii, precious items and dress marked with name or monodramul wife: and those of mobile, who after their record-keeping nature are intended for female ^ 1). When the execution is turning in the counter transference, can impound the jewels and argintariile, as well as precious objects, and dresses marked with her name or monogramele and those who emphasize their mobile after nature are intended for women, then those who make about urmaritorul mobile credible, as it forms the wife tracked property (art. 92).
_ _ _ _ _ _ _ _ _ dispoziţiune ^ 1) it does not abrogate the right to sue, the wife's action escindere, to prove the right or property. This dispoziţiuni not found in the Hungarian civil law, where there is coachizitie of goods. But the norm is taken from the Austrian civil code, which until his wife will not furnish proof to the contrary, he considered all of his assets as property of the man. Naturally with excepţiunea those noted above.
Cannot be seized things of clothing intended for children, which are living together with their mother or father, who am Watch: 1. View dispoziţiunile art. 96.2. His wife will be able to make the process of escindere and to prove right or property.
3. The store felt, what is the property of the wife, you cannot straighten the execution for debts of her husband. [Bp. 44.357/1889].
Article 50 the furniture will be conscrie in minutes under serial number pozitiuni, with the current-camerile or other rooms is where you find it.
Each position should be entered in the minutes, to be entered in the way as precisely as possible the objects after the quality, quantity, number, after the piece, weight, measure, or after other determinations.
Furniture with a lower value and of the same nature, it may go under one heading, but the grouping must be done such that the value of the received position totaled, pass over the sum of Lei 100 ^ 1).
_ _ _ _ _ _ _ _ _ _ _ ^ 1) In text is florins.
Delegate sign up only handsets that have been seen or measured, numbered by him. Conscrierea is done in detail because the objects can be identified.
Article 51 Is repealed and replaced with the art. 2 novelei design of 1908.
Are exempt from execution and cannot execute any consent of the following urmaritului: 1. Objects, which are intended for direct divine cult, as well as for the exercise of divine worship in the House, the prayer books, equipment intended for the divine cult locations, decorations of tombs and Crypts, and objects necessary for the burial of the person sought or to the persons House; dela
2. religious Relics and portraits of the family;
3. Insigniile, medals and other decorations;
4. Single stamps, seals, acts, registers, books and other purpose, sets and other objects belonging to the Office and are necessary for a public or private, or institutes and shops, as well as other assortment belonging to public or private offices.
5. necessary for the performance of a Uniform public service, or the exercise of a profession, as well as persons who make the garments required service, in order to be able to exercise their profession;
6. The weapons, equipment, tools, supplies, coaches and horses to those individuals who belong to the army, the gendarmerie or coastguard service to other authorities, and are required for the performance of the service.
7. Books, patterns, supplies, tools, public and private oficiantilor, priests, doctors, engineers, writers (authors), artists and in General to all persons who have a scientific and artistic profession, midwives, then how they all are necessary for the exercise of their profesiunei;
8. The arrangement, tools, vessels (tanks) and the stock of drugs pharmacy, how they are necessary, because the one executed to continue operation of the Pharmacy;
9. Instalatiunile of hospitals and public health institutions as well as private hospitals and health institutiunile having a public character;
10. Middle kitchen and home, cooking dishes, cutlery, vasaria, stoves, hearths, the objects required for the necessary clothing, albiturile in General and for beds of urmaritului and those living with him together;
11. Medicines and serums, and other devices that are necessary as a result of diseases or body defect, urmaritului or those living with him;
12. Books and supplies for school of urmaritului or other persons;
13. The weapons necessary for the continuation of the trade (profesiunei) and for personal safety;
14. Tools, instruments, supplies, animals need small industrialists, artisans, workers and laborers industrialists (factory) and in general all those who stand with your arms, these are necessary for the continuation of the trades, then work material necessary for small and medium industrialists and, up to a value of 75 million lei;
15. food, heated and lighted, necessary urmaritului and those living together at one month; and in the absence of the money amount needed executabili, numerari to purchase them;
16. Of the money amount needed for numerari, paying the rent on one-quarter of the year, as both urmaritului and those living with him;
17. After choosing the free exercise of urmaritului, a cow, or sheep, 4 goats, or 4 or 4 pigs and fodder, straw and sheets required for their maintenance during 6 months, and in the absence thereof, of the money, the amount needed for numerari purchase thereof;
18. tragatoare, Kina, animals fodder, straw, their sheets for 6 months, also called for agricultural tools and for those who deal with agriculture, to grow real estate by them or others, but you may not have a surface area greater than 12 jughere cadastral surveys; If the missing money numerari seed, the amount needed to purchase them;
19. Can't run at persons whose total or partial allowance is exempt from execution, of the money found at her numerari amount corresponding to that sum, be exempted from execution, which is fixed during the long run-making, which from the nearest due compensation;
20. All good things (objects) which are exempted from execution by special laws.
1. Claims which is necessary for living urmaritului, cannot be enforced.
2. wood cutting Machine you can run, because sawed till May and with wood trim and secure living. Treerat machine as well. [3133/Curia 1910 IV].
3. Can't run macelarului wagon, with whom cara meat.
4. Dispoziţiunile. 2, 10 and 15 novela, may not be interpreted extensively.
5. Art. 2 of the novela also apply when seizure is made for rent arrears.
6. hornarit, fees due under a contract, they can seize.
Art. 3 novelei of 1908.
They can seize all the things listed in art. 2 (precedent) for the collection of the price of the object, if the Court, which ordered the execution, on demand, you declare the execution of subdued by managerial decision what orders the execution of, or later through the year.
In the case referred to in paragraph 2, article 2 novela (i.e., 51 of the LX: 1881) are subject to execution, as frames can be separated from the relic or portraits, without touching the substance.
The money indicated in paragraphs numerari, 15, 16, 17, 18 and 19 of article 2 (precedent) may be reduced by half if the execution is ordered in favour of the one show, on the basis of the law or uzantei law, is obliged to maintain it, or if it receives for child maintenance.
If reminded of paragraph 19, art. 2 (precedent), it should be compensated in accordance with paragraph urmaritului amount left 15 ^ 1).
_ _ _ _ _ _ _ _ _ _ _ ^ 1) In accordance with other laws cannot impound: minor Fortune for parents: 12 claims, 25, leg. XX: 1877. Objects stored in warehouses: art. 450, leg. P.92:1875. Money deposited at the House of postelor, unless you go over the amount of 2000 Lei, art. 24 of law IX; 1885 and art. 2 of law VIII: 1898.
Gradinarului tools what garden plants grown with tobacco, and its animals, art. 23 of Act XXIX: 1900. Pharmacy duties, art. 130 of Act XIV: 1876.
Article 52 the right post, then vehicles, stocks and supplies intended for the postal service, postal charges and received State allowances on behalf of the Office, and transportation to dirigintilor, not letter likely execution.
Money and other valuables, numerari taught for sending mail, postage amounts repayable amounts mandated by mail or telegraph, cannot run.
Article 53 the concession industry only then can seize, if industrial regulations in force shall be allowed by way of assignment valid. ^ 2).
_ _ _ _ _ _ _ _ _ _ _ ^ 2) Concession of pharmacy, according to art. 130, leg. XIV: 1876, cannot seize. View health law v.r. in what way are subject to execution Overhead objects and instruments of State Monopolies of their manufacture or sale, or lottery win and the goods that are under customs administration, the monopoly laws in force. ^ 1).
_ _ _ _ _ _ _ _ _ _ _ ^ 1) View State Monopoly Law Overhead.
1. In Romania, salt and tobacco tax stamps, postage can bid only according to dispoziţiunilor law R.M.S. Monopoly 2. Pharmacy law cannot be executed.
3. gains from lotteries you can trace.
Article 54 Is repealed and replaced with the art. 6 of the novela.
With respect to State officials, oficiantilor, County, Township, and then priests, professors and teachers, scoalelor State, communal and public scoalelor confessional, persons belonging to the army, the gendarmerie, the prison and translators institute, oficiantilor, and others that pay impiegati year or month, or receive monthly salaries, belonging to the railways installed power in public circulation, motric enterprises sailing motric power; oficiantilor direction of artistic and administrative section dela, drama and opera artists with independent roles, coristilor and musicians you national theatre and State Opera as well as inferiors and oficiantilor Ordinances in public office, cannot perform any addition and having regular lad character lad, regardless of the title under which they receive, as well as competintele in availability than one-third and that only then, if you want to reserve for the one executed 1000 lei per year. (See below for changes. Today 1500 Lei).
Rent allowance to persons referred to in the first sub-paragraph, may seize only rent for bonds, and other allowances, received after the service, generally cannot be run under any circumstances. If any of the persons indicated in paragraph 1. First, in order to build or buy a House, the rent allowance to pledge and for this obligation in the notarial act, shall be allowed for receipt of this allowance claims and lease enforcement.
When the execution is done on the benefits of the abovementioned persons, claims derived from ' a lad, he has no right of preference before the claim that contractor has over compensation lien prior to authorisation of the advance; but those claims were made, resulting in the report, especially the service fees, payment surpluses, and the fines and pecuniary penalties, against claims for strides ' has a right of pledge on the allowance, before other claims. Also have preference over claims to the lien, claims arising from contributions (Leg. XXI. 1898) and other receivables fixed by special legal dispoziţiuni.
Claims indicated in the preceding paragraph may charge without consideration for the limitations of the allowances mentioned in this law. The limit applies to special data dispoziţiunile in this direction. In the absence of such dispoziţiuni, you can run a maximum of 20% of the amount that is not subject to execution. (Cf. Ord. date below).
1. When the servant is pursued for arrears of rent, listing what it needs as rent from the State, can be poprită.
2. Income from the future of public notary may not be seized.
3. Share the rent of public functionary cannot be tracked only for rent.
Article 55 Is repealed and replaced with the article 7 of novae.
Pension or pensions data by persons indicated in article Kevin. precedent, as well as other additional personal benefits gained as a result of retirement, old age pension and the priests can be popri only in one-third, and if the amount reserved for the one being chased out of the seized, made annually to 600 Lei ^ 1).
_ _ _ _ _ _ _ _ _ _ _ ^ 1) changed from 900 Lei. Below are given Ord. min. 858 Frigate Bay Road-917. P.m. If these people, instead of receiving pension escontentare (final indestulare), or the persons who belong to the army losing their rank, receiving pension through forgiveness, from the standpoint of execution are considered as pensions.
If escontentarea (final indestularea) was fixed in the amount of the allowance for 2 years, then it should be fixed part for each year subject to execution. This will proceed in the case, if the pension is to redeem. (Articles 28 and 31 leg. XI. 1885).
In the 3 cases, must be applied to aligned paragraph 3 and 4 of article 6 (previous) properly.
Pensions, pensions through canning, escontentarile, rascumpararile and retirement allowances for upbringing of children (art. 39-44 leg. XL: 1885) widows left after the persons referred to in (article 54) art. 6 novela, are not subject to execution [I.O.V. Law]
Article 56 cannot seize power data allowances, allowances for disabled people and additional allowances, wounded after the medals of Valor, harassment or escontarile data remaining after those families who belonged to the army's second quarter from the year of mourning, also harassment and what is appropriate after service provided by husband or parent, widow or children, date who remained after the persons indicated in article 1. 6 novela (art. 56). Law I.O.V.
Article 57 can only run one-third, rezervandu-is at least 500 Lei annually interest after cautia complete necessary military. Besides this limitation on seizure is allowed only for the payment of the debt within convietuirei were forced both spouses jointly, or after termination of the marriage and he obliged his wife.
Caution dotale capital, can only be executed with restrictiunea, as the proceeds will be made only after the capital will cease to serve as cautie.
Art. 8 of the novela, modify the above article as interest cauţiunei dotale military cannot seize than one-third, and only in that case, remains a year 600 Lei as reserve interest. ^ 1).
_ _ _ _ _ _ _ _ _ _ _ ^ 1) changed from 900 Lei.
1) View the law for military marriages.
Article 58 is repealed and replaced with the art. 9 of the novela.
If the execution is made for the maintenance of the pension to the spouse, ascendants or descendants of the debtor as well as the natural child, the exemptions referred to in article 1. 6 novela (art. 45) and in art. 7 novela (art. 55) will be reduced by half, and half part of the allowances referred to in article 1. 7 (55) can seize. ^ 2).
_ _ _ _ _ _ _ _ _ _ ^ 2) changed from 300 to 500, recte lei per year.
Are subject to entirely execution, interest due after what cautia dotală of the military, for collection of maintenance pension to the wife and descendants, may popri cautiei dotale interest, who compete the sum of 600 lei. ^ 3).
_ _ _ _ _ _ _ _ _ _ ^ 3) changed from 900 lei.
1. expenditure arising in the process of maintenance maintenance fee are accessories. [B. 1894].
Article 59 Retribuţiunile and indemnizarile what are yours under these rules as they exist, indicated in art. 54 and 55, as a result of a delegation or official movements are subject to execution, although payment of these indemnities and remunerations shall be made public by a cashier.
Portareilor allowances cannot be poprite. [Cluj 3066/1912].
Article 60 is repealed and replaced with the art. 10 of the novela.
Transactions and waivers made from the pursued against the provisions referred to in article 1. 54, 55, 57, 58, with art. 6-9 of the present law regarding the restriction of execution as well as in art. 56 and 59, have no effect.
The effect on wage execution extends schimbarei later cropped up and with respect to lefii, pension, pension through canning, escontentari or redemption, without the need for a new provision, will change and câtimea party subjected to execution.
If the allowance is reduced by the amount, or the amount of effect execution nesupusa execution is suspended, but returns with Dale McNulty, if the indemnity exceed the amount again nesupusa execution.
Execution loses its effect, though it remained in pausare for five years.
1. When a diurnist becomes salarist, it can be applied to art. 60 by analogy.
2. the persons referred to in art. 54-56, part of their revenues, which do not fall under execution, cannot be linked to any binding contracts.
Article 61 Is repealed and replaced with the art. 11 novela.
Popri can be no more than one-third, rezervandu for the one executed 1000 ^ 1) annually from lad, or other benefit given for permanent service, persons who are in public service or private and are not indicated in article 1. 6 nov. (art. 54).
_ _ _ ^ 1) Modified, 1500 lei.
In accordance with this article shall be considered to be in permanent service those who were born or whose subsistence is not fixed shall thy wages be with day, week or piece.
The provisions of article 10 novela, apply properly and persons indicated in the first subparagraph of (article 60) of this article and the provisions set out in the three aligned last article 10 novela (art. 60) applies until the employees will remain at the same company, the same enterprise or employer. (In terms of seizure of benefits gradinarului what cultivate tobacco plants, it will apply the provisions of article 11 novela).
1. Advance salary may mean early release. Thus, until the advance is not paid off attachment n ' effect. In this case we have shown the status.
2. Supplies of commercial agents are popribile.
3. Pausalul commercial agent, set in a lump sum is popribil.
Art. 62 and 63 are replaced by art. 12 of the novela.
From daytime may seize only the daily passes over the 5. ^ 1).
_ _ _ _ _ _ _ _ _ _ _ _ ^ 1) Modified to 3 lei 75 money per day.
Why it pays my wages day or week with only then is subject to execution if you want to reserve for each day 5. ^ 2).
_ _ _ _ _ _ _ _ _ _ _ _ ^ 2) Modified to 3 lei 75 money per day.
If payment is made with the piece, where execution will relieve subexecutie lei for each day 5 ^ 3).
_ _ _ _ _ _ _ _ _ _ _ _ ^ 3) Amended to 3 lei 75 money per day.
If the execution is made for receivables owed to follow elementary or his family, or for rent, amounts not subject to execution under the preceding paragraphs shall be reduced by half.
Not run soldele soldiers.
1. Well as evidenced by the execution, maintenance of law economy benefiting also from a female who lives, cannot form object. (1874/1910).
Article 64 cannot run pensions through forgiveness and the amounts paid to charity and grace of caseriile or fundatiuni, to protect the poor, widows and orphans, and in general all the needy, even if am given by corporations, institutes, private individuals or fundatiuni.
Art. 13, 14 and 15 of the novela complements art. 64.1. The contradiction between art. 55 and 64. Available from art. 63 it is gentler.
2. the State has a duty of social assistance. Find children are hospitalized in asylums for who pays State taxes. These charges may not form the object of running [B 72.293].
Art. 13 novela. Sub-loans to aid in case of misery, scholarships, study grants and travel data from the authorities, associations, unions or Institute, are not subject to execution.
Pensions or other payments, data urmaritului for family members, or those left after the deceased, by institutions, companies and unions founded for assistance, or food, whereas there are exempt from execution; then the pension or other retirement benefits from having the character of the persons indicated in article 1. 11, novela: (art. 61) that people watching it receives only the boss, Dale can run and not more than one-third, if competing amount of Mdl 600 ^ 1) annually.
_ _ _ _ _ _ _ _ _ _ _ ^ 1) changed from 900 Lei.
Is not exposed to the execution or other pension benefits receiving widows and children indicated in art. 11, novela: (art. 61), which from the employer for services rendered by the husband, or father pursued ^ 2).
_ _ _ _ _ _ _ _ _ _ _ ^ 2) fees to be paid for the care of date from fundatiunea patients in the country, the children find, or declared abandoned by the authority, shall be considered as the amounts mentioned in article 4. 64 and 65, therefore you cannot impound.
Art. 14 novela. If the execution is made for the earning of pension established for the maintenance of a spouse, ascendants or descendants of urmaritului and natural child, the exemptions referred to in article 1. 11, novela (art. 61) paragraphs 1, 2 and 3, art. 12 novela (art. 62) penultim art. 13 novela, is reduced by half, while the allowance provided for in paragraph 1. of art. 13 in the half portion is subject to execution of ^ 3).
_ _ _ _ _ _ _ _ _ _ _ ^ 3) View changes.
For claims and for other contributions receivable, (XXI: 1898) into their cat on dispoziţiuni are special and can be done over the amount exempted under article 11, paragraph 1, from 2-3 art. 12 and paragraph penultim of article 13 of the novela, but to tie at the expense of the provisions of paragraph of article 6 of the novela.
Art. 15 novela. -If the execution is made of several claims of the urmaritului referred to in article 1. 6, 7, 8, 9, 11, 12 and 13, the exemption must be Microsoft implemented towards each allowance separately.
1. From any allowance under article. 9 of the novela can popri.
Order min. 5,051-1917 P.M. About minimum amounts which are not bullish, we cautiously save from execution, pensions or other benefits of public and private amploiatilor.
Art. 1 minimum Amounts, not subject to execution under the law (XII): 1908, which modify and complements the law execution in about 1881 LX: lefurilor execution, pensions, and other benefits of public and private amploiatilor with excepţiunile in art. strung 2 of this law, shall Ascend with half.
Therefore instead of amounts fixed by the law (XII): 1908 novela will put amounts below in paragraph 5. 1, art. 6, Lei instead of 1,000, 1,500 million Lei;
in paragraph 1. 1, art. 6, instead of 600 Lei 900 Lei;
in article 23. 8, instead of 600 Lei 900 Lei;
in paragraph 1. of art. 9, instead of 600 Lei 900 Lei;
in paragraph 1. 1, art. 11, instead of 1,000, 1,500 Lei Lei;
in paragraphs 1, 2 and 3 of article 7. 12, instead of 2 Lei 50 bani, 3 Lei 75;
in paragraph 1. penultim of art. 13, instead of 600 Lei 900 Lei.
Art. 2 change para. 1, art. 9, and paragraphs 1 and 2. 1 of art. 14 of the Act XII: 1908 in meaning, as if the execution made for sums of money owed to follow intretinerei's wife, ascendants or descendants, or for the maintenance of the child naturally can seize half the nesupusa execution but only incidentally, and that after seizing him urmaritului to be from the same allowances lad and nature (articles 6 and 11 of Law XII: 1908) at least 500 Lei annually , of the pension (escontentare) (para. 3, art. 6, para. penultim article 13 of Act XII: 1908) at least 300 Lei.
Art. 3 the rights obtained, prior to introducing this Ordinance, insurance indemnities over executions, how are contrary to dispoziţiunilor of this Ordinance, at the request of urmaritului should be cancelled.
But those rights remain untouched, which were achieved over the indemnities, prior to the entry into force of the present Ordinance, under, or through other ways to acquire or even the execution of escontentare, according to pan ' now, either.
Art. 4 without a date.
Article 65 of the law on LX: 1881. -You can't do it during the execution of the report contact objects to be liferate or advances or pay rates that are contained in the following incheate the contracts with the State, with the municipalities, fundatiunile, and on the supplies needed to carry out the contract, execution may be carried out only where it does not prevent the execution or performance of a contract.
What claims are yours after fulfilment of contract agents with the State, municipalities or foundations with Central after final reckoning, can run and in course of time the scope of the contract.
Money and values given as cautie can run, but the creditor only if and in so far as may be required to pay, when and if the destination cautiei will cease.
1. This provision is dictated by the public interest.
2. If a wicked shall carry goods but still can be found in their possession of these goods can straighten.
Article 66 an amount of insurance on his life, due to the one benefited cannot run for the debts committed by the insured. This rule also applies if, then, as the benefit show, are heirs of the insured person without the right to make a more specific mention.
Compensation to be pay by the insurer in the event of fire insurance facilities, it cannot perform for the debts of the person insured, but portărelul is obliged to notify about the execution creditors who have got the right mortgage before the harm suffered as a result of the fire. These creditors have the right to counter their preference validita urmaritului of escontentare, or to claim that the amount of compensation to be seized and to be used for restoring the building.
Compensation arising from insured furniture you can run for the debts of the insured, shall have the right of preference, however escontentare, that have got a lien on the fundatiunile, and on the supplies needed to carry out the contract, execution may be carried out only where it does not prevent the execution or performance of a contract.
What claims are yours after fulfilment of contract agents with the State, municipalities or foundations with Central after final reckoning, incheerea can run, and in the course of time the scope of the contract.
Money and values given as cautie can run, but the creditor only if and in so far as it may require payment, and if the destination cautiei will cease.
Art. 66. The amount of insurance on his life, due to the one benefited cannot run for the debts committed by the insured. This rule also applies if, then, as the benefit show, are heirs of the insured person without the right to make a more specific mention.
Compensation to be pay by the insurer in the event of fire insurance facilities, it cannot perform for the debts of the person insured, but portărelul is obliged to notify about the execution creditors who have got the right mortgage before the harm suffered as a result of the fire. These creditors have the right to counter their preference validita urmaritului of escontentare, or to claim that the amount of compensation to be seized and to be used for restoring the building.
Compensation arising from insured furniture you can run for the debts of the insured, shall have the right of preference, however escontentare, that have got a lien on the furniture provided, whereas before declaring their claims authorisation amount, which will be charged as a result of insurance ^ 1).
_ _ _ _ _ _ _ _ _ _ _ ^ 1) insurance policy is subject to the execution of the order for the debts of the insured, because art. 66 cannot be applied when the insurance policy is not named a beneficiary.
1. The insurance policy on the life of the wearer can be executed for the debts of the insured, because art. 66 shall not apply when the policy doesn't look like anybody. [B. 27882].
2. (see article 498 of the code. 3. com). Izvorita following claims the insured risk of fire may be raised by the insured; the consequence may be the object of seizure. In the first line but will take into account the mortgage lenders, the building will be built on the aflatori intabulati.
4. in deciding on the chestiunei that does one can trace amount of insurance for the debts of the insured, as a matter of law, it will take into account the rigid conditions of insurance [b. 2579].
Article 67 Is repealed and replaced with the art. 16 of the novela.
If the execution is done against those, which deals with agriculture, you can run the animals pulling the yoke as well as agricultural tools, which do not fall within the provisions of paragraph 1. of article 18. 2 but if the novela executed voeşte and use them for further agriculturei and cares for the food necessary for the animals, then those, from 15 March until dela 15 Noemvrie the same year should be left at his disposal and can not be auctioned.
This restriction shall not apply, if the execution is done against the lessees ' for receipt of tenancy agreement and, upon request, the District Court which ordered the execution, admits it by ordering the execution of managerial decision, or later through the year.
Article 68 objects handed over for transport enterprises of sailing and power of motric railways, or other, you can run any porters for the debts of destinatorului, but only after those have arrived at the place of destination and only after he handed over the letter of the law of carriage to take them over.
For the debts of the sender, freight transport is taught, can seize only in that case if it doesn't she issued the receipt, or teaching load policy and totdeodată about carrying out the execution time is to notify the carrier, while the railways and shipping businesses with power stations, the head of that motric where teaching should be made to impideca the letter is handed over for carriage to the purchaser.
If the loading or the receipt policy of rendition was released, under the conditions indicated above, taught for transportation can run for the debts of the policy holder or recipisei teaching load, but only in that case if the charging policy, or receipt of tuition, or stored remotely, or write on them act execution.
In no case shall carrier is not obligated to extrada, upon which objects under article 411 of the 1875 entitled P.92: pledge, and if you give them the right of lien in shortening and force, his claim will be charged with the price charged and preference at auction.
If urmaritorul paid claims, fall within the rights of the carrier, that carrier with respect to insured mortgages and an immediate priority. (See cod. art. 411).
Article 69 Portărelul, before conscrie items in the report, at the request of the person sought shall be obliged to calculate claims and accessories urmaritorului and mention them in a lump sum in the minutes. [Art. 36 Corp. Port.]
In article 10. 69 adds art. 36 from reg. Corp. of portarei.
Art. 36.-Portăreii will edit in duplicate somatiile in General, headquarters and all acts made them (to do or not do an act, to fulfill a bond, to satisfy the right of anyone claiming that, before reaching a judgment or execuţiune), in accordance with special laws and prescripţiunilor according to the application in writing to the parties.
The documents shall be drawn up in terms cuviinciosi and will be underwritten by both portărel and party.
Article 70 Portărelul, which makes seizure is enforced, as that may be, to investigate and to indicate in the report whether the furniture, which makes seizure, seized or not through a previous execution.
The new seizure of the objects seized, as a rule, is done by suprasechestrare.
Suprasechestrarea is a new entry in the record, got through the first toward seizing appearing suprasechestrarei, urmaritorului, or the name of the representative, mentioning the precise time on suprasechestrarii execution, shall be signed by the portărel.
If out of furniture are executed and seized mobile phones, they will be conscrie in minutes the entire rule.
If the previous execution was not placed under seals seized objects and carrying out executions during the first six months have elapsed, or the minutes of execution not available, new implementation will be made through suprasechestrare, but by a new regular conscriere. Portărelul except in cases referred to above, after the assessment, or at the request of any of those concerned, can perform a execution via the new conscriere in the report from the circumstances whether the object looks likely, as she appeared, a change in the objects seized. Previous seizure found 243 and in this case in the report, along with an indication of the place of residence and claim urmaritului or representative. (See article 41 Corp. Port.)
In article 10. 70 Add art. 41 from reg. Corp. Port.
Art. 41.-Portărelul who presented herself at the residence of the debtor will find another follow-up made and wealth under the seals custodian or under guard, after you get the copy of the minutes set in hand in hand or guardian of the debtor's domicile or, at times, going toward a report showing all this circumstances, as well as the name of the Court to follow will declare this wealth and pursued him and will be able to track and other wealth that would not have been already tracked.
1. From the fact provided for in art. 70, as IE suprasechestrul should be entered on the minutes of seizure, one cannot infer that the right of pledge shall be obtained only from that time, but from the moment of conscrierii objects as supresechestrate.
Article 71 Is repealed and replaced with the art. 17 of the novela.
The value of seized objects shall be established by the evaluation with the seizure.
If urmaritorul and people watching are agreed on the value assessed, their agreement shall decide. Otherwise, the assessment will be done by portărel. If the execution is done on the premises of the Court and to the Court, it hired a permanent portărelul estimator you will take with it. If the execution is carried out in the premises of the Court, portărelul only then will take it with him and then only on the estimator will evaluate with his interfering, if you can provide with intervening, if they can provide, as for the estimation of objects to be executed are special knowledge required.
Except in the case specified in the preceding paragraph, shall employ estimator and then, when requested by one of the parties. If only urmaritorul, but do not require that the estimator in conformity in the preceding paragraph have been takes it, the expenses arising with the estimate may not be set in the task of the person sought.
If you find it necessary, you can call estimator during execution.
The value of the objects executed must be shown in the report, with respect to each object separately.
Article 72 if you sechestreaza some mobile, on which the one whose tenant or leaseholder is or was the people watching, it may be assumed, would have to pledge legal, people watching within 24 hours of the execution has been completed, it is from the presence of bound of incunostiinta on the inchiriator or eviction, by registered letter about making runs. The receipt will be joined by the acts.
Inchiriatorul has the legal right to pledge for the payment of rent for half year over the furniture from premises rented; and arendatorul for the payment of rent for one year, why are there over productelor, or belong to the estate, agricultural instruments, as well as animals. The right of pledge, obtained for rent, recte for aranda, the rent may be half validita, or aranda a year, even though the deadline has passed or will soon become due, or for why rates partly went by, in part, will be due without consideration of whether or not cell phones are the property of the lessee ^ 1). Objects that have come in off mode in the possession of the lessee legal right of pledge does not extend.
_ _ _ _ _ _ _ _ _ _ _ _ ^ 1) legal lien and former owner who did the hiring, but that i was paid the rent on time yet when it was still the owner.
1. Right of lien, not a legal right, it staff can assign.
2. And the previous owner has the legal right of lien for unpaid rent.
3. If the tenant shall carry out in rent, the legal right of lien is extinguished.
4. Right of lien to legal concerns and legal accessories, such as rental payments are interest and expenses. (Curia 1903 Febr 8, 7962).
Article 73 if the pursued, not the money find consents between objects shown in the minutes, to be urmaritorului give as payment, or damping, portărelul, after assessment, you will get itself together with jewels, precious objects and argintariile, and the effects of, giving a certificate of the person sought, and the request and urmaritorului, and to be filed in judicial deposit, will make a report.
Urmaritorul and the pursued have the right to control, like portărelul to perform storage without procrastination, what if ' would do, have the right to notify this Court's omissions, orally or in writing.
1. Portărelul will make a separate report about objects. This report cannot be classified in the statement of submission documents.
2. in accordance with art. 26, item c) both urmaritorul and people watching, for their insurance, will be able to claim portărel records about taking over from the presence of objects.
3. in case of delay View of portărelului art. 462. criminal.
Article 74 middle-seized, other than those referred to in the previous article, shall be declared by the portărel placed under judicial seals, but without putting them under seals. In terms of criminal consequences that will arise as a result of the intentional destruction, or, it will make careful at watching and failing him, those who are ahead.
If the execution was conducted in a residence, or in a warehouse on the main door will be seals.
1. View aci art. 74-76 and the execution law. 359-360 of the criminal code.
2. the stamp shall be put on portărelului door urmaritului, where he performed the execution, as a sign that the aci was made the seizure. No means that the door to be closed and stamped.
3. View aci art. about 360 of the criminal code, the violation of seals.
Article 75 at the request of urmaritorului, portărelul may require putting the seized object under seals.
Put seals is made, usually by portărel after hearing the proposal, by appointment urmaritorului curator of seizure, giving her furniture seized toward the administration.
If goods were seized in Commerce, portărelul is obliged to order the closure of the shop or storeroom, and unless the entire stock confiscated, portărelul is forced to put seals, depozitand cargo in a dark place and let them affix seals, unless when expressly asked urmaritorul omission now placed under seals.
Other objects, only then will be stored in a dark place and shall affix seals by portărel, if the latter is prevented or at his family watched the House required, or in the exercise of profesiunei.
1. If goods trade is executed or the entire stock of goods, will apply to seals in the obligatory.
2. The ordinary execution will not affix seals. It follows that and. 51.3. View aci art. 245, 250, 252, 253.
4. If before the bankruptcy were applied seals, or was appointed curator of the seizure, masacuratorul of bankruptcy will have no right to dig them out from under the administration of the Trustees, but has the right to inventariza them.
5. About debts trustee seizure view art. 245-253. If people watching the store closes but not urmaritului cares for cargo transportation, the owner shall have the right to act directly on the landlord for arrears of rent. [Curia 7913/1889].
Article 76 Moving objects are ordered by the Court indicated in art. 18, at the request of the urmaritorului, the date of the report, or to have been made by separate application, if it is seen necessary to ensure urmaritorului. Before ordering, you may listen to court side tracked and if found necessary, can make displacement, putting a security by the pursuer (art. 42).
Removal shall be done under the responsibility of urmaritorului.
Article 77 If in case of suprasechestrare, at the request of urmaritorului, who introduced the first seizure, not willing to put the stamps, it can be ordered at the request of the military, what did the seizure, but the posterior about the person, what will be called the curator of seizure, it will listen to the portărel and urmaritorul above, and until his hearing may appoint a curator for the provisional seizure.
If the party who made the suprasechestrarea, mutarei, requires the court ordering is required before incuviinta, to listen to in any case previously and on urmaritorul.
1. See article. 70.2. Necessarily as discussed in particular not only when it comes to suprasechestrul itself, but even when things are once again conscriu seized.
Conscrierea again seized object must be done when Dale first execution has gone longer than six months.
More appropriate, as they require strict sequestration (all under seals) on the occasion of suprasechestrului. In this case it will make conscrierea again.
3. See article. 35 and 76.
4. transport of containers seized falls in the attribution of seizure-1911.
Article 78 Have omitted making seals and ordering punerei under the move, recte put seals must be cancelled and moved backward in the possession of the person sought, if people watching, formerly urmaritorul, who makes escindere, or anyone else, to ensure those objects, which have been seized, will be found intact at the auction, submit their price assessment, or if claims, together with accessories , the construction is smaller warehouse, shall be filed in court (art. 93).
1. See article. 42, 74-76.
2. Of the amount assessed and claims it will always be less than amount.
Article 79 If the debt of the person sought shall be sechestreaza, what one has to a third person, the debtor (Amita) to the one pursued by order incunostiinta will be handed over with proof, according to these rules mandatory for handing over of decisiunile, but without citation, through publicaţiune.
When the debt is secured through the proposed mortgage, the delegate send an extract after the report directly to the competent court funduare books, as a preparation to carry out seizure by "subipotecei" on ipotecei which provides claims enforced. Effect of execution starts with the date of seizure, the date of the delegation.
When executing the amounts refunded for goods delivered to the railways towards transport and shipping undertakings with the driving power, the head of the station of dispatch must be încunoştiinţat about seizure ^ 1).
_ _ _ _ _ _ _ _ _ _ _ ^ 1) the right of pledge has an effect on the claim, regardless of the accessories seized the right of pledge is obtained within the meaning of the law, on the basis of a judgement or by contract.
1. See article. 50, 51.
2. If the debtor whose debt had been secured by the mortgage, and paid the debt, but has not asked for deletion on this ipotecei, you can obtain mortgages right subipoteca, and claims it can transmit about executionala, although personal debt no longer exists. [Also].
3. the Debtor ' poprit any amount, the amount shall be obliged to submit to the jurisdiction of the Court poprită to carry out the execution.
Article 80 Claims, commercial mandates, cambial tickets, order your load, deposit receipts, varantele and other effects, indosament book (art. 204 and 295 from 1885 P.92) amounts of money through ticket depositate House and checkbook deposit at financial facilities, required for the publication of compturilor, or other companies only if the applicant clearly has not maintained the right to receipt in person-and in General all claims, whose collection assumes possession of the Act which are issued under these rules in force, or the Statute, the rule can be executed only if the Act is found during execution.
Bills, acts and other effects referred to above, after the mention of execution, must be stored in accordance with art. 73. If the acts mentioned above are not found on the occasion of efectuarei, but from the statement of the person sought, or the evidence referred to by Chaser, emerges as likely as claims exist and i should be the one being chased, sequestration may be done, mentioning the exact claims, but the effect is pending execution of the Act of finding necessary for valuing the claim, or the cancellation of legal procedure , instituted by the one being chased, or at the expense of the latter, by the pursuer.
1. See article. 3 and 110 of the Act cambiala XXVII: 1876.
2. See article. 291, 294, 415, 434, 468, 404, 164, 166 of the code. Com. (Act XXXIII: 1875).
If you stop a debt resulting from the commercial registers, the report will annex a extract from the registers, and in the commercial register, the debt poprită, construction will have to be mentioned.
If you popresc all claims resulting from a commercial register, it is sufficient if it is recorded in ' an amount, specifying the exact amount executed, name of the debtor, with the report to the commercial register; and on the front face of the register will record seizure of all claims, the date of execution, the names of the parties and the Court decisiunea.
For removing the extracts, i.e. for counting the amount of claims from the registers in case of need, the delegate may apply its expert, and charges will be calculators at the expenses of execution.
1. See article. 304 of the code. com 2. See article. 50 and 79 of the Act from the face.
3. In the calculation of debts from the registers will be able to apply and experts. Duties establishes the Court of execution and are part of the expenses of the execution.
4. notify the debtors will have to be in accordance with art. 79. Article 82 urmaritului Debtor, after being notified about the seizure of claim, cannot pay its debt, but if they are due to submit to the Court became dispoziţiunilor that were to follow is to store the required a court's competence to carry out the execution or in the Court of the place of payment, which is bound to incunostiinta the above mentioned Court.
The debtor may request and the Court shall stabilesca the expenses caused by this procedure, which will be asemna of the amount deposited.
The debtor, who pays his debt to the one pursued, seized or other, without judicial warrant, apart from criminal consequences, remains bound and materialiceste, as if he would not be paid off the debt.
1. Poprindu-is the whole claim, the debtor will have to submit the entire debt.
2. Expenses for lodging, besides the recepiselor system today is kinda dull. Establishment and authorisation makes Court execution.
Article 83 if you execute a debt of urmaritului, which can be a public charge, dela cashier, or whether to execute or depositate amounts in deposit, order of garnishment will send both the cashier and the superior authority in the right order. The front execution at their intended, will take effect starting from the presence of seizure, toward the cashier from the moment after it was incunostiintata.
Casa notes about running and cannot pay for the ones that follow, recte cannot receive a refund of depositul, until there is instiintata about the cessation of the performance of the competent authority to carry out the execution.
1. Attachment in this case will take effect only from the time of arrival of the order of garnishment to the cashier.
2. Portărelul can not popri such a sum, which is to elevate public, a cashier from the rock situated besides competinte court district.
Article 84 If urmaritorul in the application runtime declares that voeşte to introduce the execution only on claims, to be collected from the public, a cashier or only on amounts depositate tribunals and displayed accurately in the application, which portărelului will be skipped, and about running to be instiintata superior authority and public cash, by himself, who ordered the execution of managerial decision, containing the order.
Novela 18 complements art. 84 and 85 as follows: when the accounting is not ruled by the cashier, but makes the service accounts, set up to advise the authority in law to order, to be instiintata superior authority, Treasury and accounts, set up under the auspices of the later, and the effect of executing it counts toward the cashier from the time when it was notified of the service accounts.
1. See article 133.
2. If you make more than one garnishment, that takes precedence, which was sent before the public notice of the cashier.
3. This procedure is good to save expenses.
4. Only when the currency rises, a cashier from the presence of the public will be able to apply this procedure.
3. See article. 18 to 133.
Article 85 For carrying out several executions ordered at once, against the same flavoring can be watched, to be responsible for a single portărel, and subsequently ordered to perform execution after their best, will completing the same portărel, which carried out the previous execution, still unfinished.
1. See article. 70, 19, 50.
Article 86 If the same delegate, is prompted by several chasers at a time, to make for the same party different executions and whether in fact has not yet started seizing, conscrierea will be done suddenly and in favor of all parties urmaritoare.
People watching who is tasked to carry out an execution, and if the same is charged against the debtor and other efectuari of executions, is obliged to carry out the execution of its own at once and together with other executions, even though people watching in the favor which makes execution of its not taking advanced expenses required, pursuant to article 5. 20. If the price resulting from executed otherwise furniture cannot pay all claims, the price will distribute followers who have suddenly made the seizure, in relation to the sum of the claims.
1. the right of nomination, in terms of containers to be liens, in case when many are trackbacks, you exert all the pursuers. In case of misunderstanding, decide portărelul.
Article 87 If after commencement of the seizure shall be submitted to the portărel a new Chaser, or during the seizure portărelul commissioned to carry out the execution receives ex officio against the same debtor, the furniture, the lender already has seized the previous preference, but not executed, must be conscrise furniture suddenly and in favor of all creditors, with the effect of law established in the previous article.
1. See article. 20, 21, 70 and 86.
Article 88 article 86 and 87 shall apply when the same borrower meet several portarei.
In this case, seizing it makes in favour of all the creditors in the same report, and if they agree, the other will be made by portărelul who started the first seizure, and if you haven't started yet, ' will be made on the part of him who was first charged.
1. See article. 18, 19 and 35.
Article 89 after completing works of seizure, somaţiune portărelul be released immediately, by showing the name of the urmaritorului, the pursued, seized objects in General, their evaluation, portărelului, and someaza all those who I think would have claimed any right of ownership of the seized containers, to submit within 15 days from the date of somaţiunei dela, the competence of the Court, pursuant to article 5. 18, escindere action.
In the cases referred to in article 1. 86, 87, 88, will be given a single somaţiune, on all sides, who introduced the seizure.
Within 3 days, counted from the rock portărelul is completed by seizure, by handing over evidence, or by registered mail, send a copy to the Mayor of somaţiune commune where she made the seizure, for display, or publish the local ordinary and the other copy to display it at court.
Within 3 days will be sent to a somaţiune with proof of the handing over or registered letter to those who in the course of execution were presented for claiming their rights, or have announced their claims at the time. If domicile is unknown, will not send reminder.
If claims are shown in the sechestreaza art. 54-59 and 80 then money, as well as mobile numerari which inchiriatorul pursuant to article 13. 72 as the pledge, for collection or a tenancy agreement, will not send somaţiune to pretentiunilor announcement, neither will admit escindere action with suspensive effect on the implementation of, and after the passing of the deadline eight days conducting the execution, is Dale can continue execution measures. (art. 93).
1. the term escindere process with suspensive effect shall start date. MORIS somaţiunei
2. it shows a certain contradiction between dispoziţiunea "immediately" and "three days". However, the term is given for 3 days.
3. In case when urmaritorul has the legal right of lien over it after-works construction and does not admit any escindere processes, either with or without suspensive effect. [Bp 1889].
4. the time limit of 15 days Loss means that the process of escindere though you can submit, do not have suspensory effect.
Article 90 if you are mobile, sechestreaza looks like a person's property, which has no justification for autoreprezentare, and the execution of the legal representative shall be entered against the neindrituit at autoreprezentare, or if you cannot know the existence, of the person's legal representative, or no one knows for sure where they reside, portărelul will send a copy of the guardianship authorities somaţiune. (Today the competent court, Section tutelara).
Article 91 after finishing works, portărelul is obliged, within three days to submit to the Court the minutes.
District Court, after the expenses of sets; 27, portărelului acts to resubmit claims that announcement is withheld by the Court, to be annexed to the escindere process, which eventually would go forward. [Art. 44 Corp. Port].
In article 10. Add 91 art. 44 from reg. Corp. Port.
Art. 44.-Portăreii will be owed, under disciplinary punishment and compensation as within 24 hours after their return to deposit through portareilor body, the head of the registry of the Court in question, the minutes concluded by them on the spot.
The action of the Court is escindere files to perform execution competence only in v. urmaritorului, and if you are several trackbacks, against all with so many copies, as whichever is a copy of the Court, each respondent is to receive a copy. The copy must be attached to the Court, the report, or its extract, a legalized copy. The complainant, who escinde, and people watching, will be notified through rubru. The one pursued in the process may enter for urmaritorului rights.
In the case of article 14, if the execution is not carried out on the furniture placed in succession, or passed down from lasamant successors, but the execution is directed to other mobile property, which forms the heirs: they can bring legal action of escindere and asking for the release of containers under seizure.
Art. 45, LIV: 1912 complements art. 92, (previous): In other respects over actions of escindere will be applied art. 134 and 135 from civil procedure.
1. See article. 30 (a)) and 170 of the XX: 1877, then art. 27, 51 and 60 of the law.
2. In the case of escindere portărelul process will have to be notified by rubrul action.
3. Wicked the execution, is involved will have to submit their proxy, if it is not substituted by managerial decision ordering.
4. in addition to the somaţiunei, the copy shall be sent to the City Hall and is displayed on the Court, it may require a copy for the annexation process escindere to be filed. This somaţiune will also be timbrata by the pursuer.
5. Within 8 days following the submission of documents, from the way they would have returned to portărelului for further works. Eight days will be held to ascertain whether he filed notice of opposition or not.
Add the art. 45 of Act LIV: 1912.
Art. 92:1881 Act LX that it complements dispoziţiune as with respect to the action of escindere applied art. 135 and 135 from Fr. civ. In the process of escindere intervention is not permitted. (1905) Article 93 escindere action, lodged within 15 days, from the date of announcement of somaţiunei, claims to have suspensory effect on the execution, in terms of objects subject to escinderei.
If the action of escindere shall be submitted after this deadline, or if, if the action being returned for completion, shall be submitted without deprivation, after that date, only then will suspend the execution, if wicked escinde will make credible justification action and depositing bonds and urmaritorului for accessories if escindere ' process would lose: or if when evaluating objects in escindere is less than the amount of the claim , it will store the amount of valuation tribunals. (art. 42) ^ 1).
_ _ _ ^ 1) Art. from Fr. 140. civ does not apply to the procedure of execution.
V. decisiunei, through which he resprins the request for suspension, is not allowed.
If the execution is suspended as a result of the action of escindere, portărelul ex officio shall notify through rubru official.
1. where pursuant to article 5. 42 it submits a warranty, it will be able to suspend the execution of its continuance and in that case, if the escindere was submitted over the period of 15 days (see article 42).
2. against the rejection shall not appeal the suspension.
3. If the acts of execution were transmitted to another court, in order to continue execution, this Court will have jurisdiction and for the process of escindere.
Article 94 Shares of escindere summary judgemental about it and solve it through their sentence.
More actions against escindere submitted in same pursuer, following the same executions, or sechestrarilor carried out in several rows, will be desbate and will be solved at once. (In the text it says wrong chased).
Wicked up to the term desbatere had carried suprasechestrare, or put objects in noui escindere executions, will cite from desbatere through desbaterea, but decided to put themselves forward for escindere and without summons to defend their rights.
Escindere action to desbaterea pursuers can be subpoenaed and through their representatives, who intervened at run time.
1. See article. 55 law LIV: 1912.
2. When supraurmaritorii arise, they will be called to judgment through enlargement.
3. collection Curator will be able to figure that part and in the process escindere.
If the same claim was introduced and the complainant once was dismissed with his action, no res iudicata should be taken into account in the Office.
Article 95 In escindere processes, which have a suspensive effect on the course of execution, he claims of plaintiff witnesses, only those who are obedient living in District Court, or they will be brought to you by desbatere a wicked to prove, or will be depicted in the new term, which should be set in at least 8 and no more than 15 days.
1. This dispoziţiune is very welcomed especially in front, when escindere processes in progress very often. Too bad this is legislative text and not neglect too, because implicit in the term and about to be judging process.
Article 96 if, if escinderea can be confirmed, the estate in escindere will take off under seizure.
The claims established by the verdict, the date in the escindere processes without suspensive effect, whereas it was already tender, but was not distributed, price has an effect only on the purchase price.
The verdict date in the process of escindere has no effect on the relationship between the plaintiff and the Party pursued; they can evaluate their rights, to each other, about common law ^ 1).
_ _ _ _ _ _ _ _ _ _ _ ^ 1) following judicial seizure shall not be escindere action.
1. The seizure (zarlat) is not allowed escindere process.
2. Any movable pledge based willingly given you can't sue for escindere process.
3. In the process of escindere will prove the acquisition mode, the title of law and identity. If the purchase was made in the auction, it will turn out, and that's his money bought them real.
Article 97 para. intaiu is repealed and replaced with the art. 46 of Act LIV: 1912.
In the process of escindere the complainant may not submit request for justification, and if he missed the deadline for establishment of the process may not require the repetition of citatiunei (art. 439 p. Civ.). Opposition and revision is not allowed ^ 1).
_ _ _ _ _ _ _ _ _ _ _ ^ 1) In the second sentence, contra, confirming the first sentence, there is no cure.
After reducing the sentence, though not final, admits the action of escindere without suspensive effect upon the furniture removed from under the execution, and if he kept bidding, you can't distribute the price charged. For this purpose, without postponing, i will send a copy of the sentence portărelului.
1. Aci supposed to distinguish between processes with suspensive effect and those without suspensive effect. The legislature is too severe. I don't understand why it is not admissible request for justification of e.g. 2. See article. 93. Article 98 if the circumstances which were to carry out the execution, people watching would be able to have a presumption in the belief, as the seized objects form the property of the person sought, the court costs should be stopped, even if ' escinderea would find.
1. See article. 439. civ. for repeating the summons and art. 56, LIV: 1912.
2. The opposition shall not be allowed.
3. Cessation of speselor applies.
Article 99 those forwarded to the escindere proceedings with suspensive effect upon execution, and their claim is obviously not without basis, out of conviction, costs can be fined up to 500 lei.
1. Analogous to art. 31. Article 100 Dispoziţiunile art. 92-99 must be applied properly and in those escindere processes, which shall be entered under the following execution of the face legei in matters of taxes and management, or others. (Modified).
These lawsuits are going forward to the Court in which the district performed the execution. (See article 1, law XVIII: 1877). [See article 34 Law prosecution].
In article 10. 100 plus art. 34 of the Act for the levying and increasing public Revenues.
Art. 34.-those who watch the poignant fortune can make follow-up measures against contestatiuni. The deadline for opposition expires after 10 days or date display end from Rumania the minutes of seizure, in generally provided for in art. 26. Contestaţiunile will address financial administraţiunii if tracking is done for direct, indirect, contribuţiuni, arenzi and any other revenue of the State, County and public facilities, which are being fulfilled under this law, and at the Town Hall, if tracing is being done for the communal income. The authors shall be obliged, under penalty of nullity, by petition of contestatiune choice of domicile in the city of residence of the authority to whom it is addressed to the opposition and join the receipt of the amount recorded for tracking.
Those of you interested in treilei will be able to make the opposition until the sale and without being beholden to a record amount. The administrator or the Director of the financial managerial decision, or the mayor shall notify in accordance with article contestatorului. 26. When complaints of third parties will be rejected by the courts, they will condemn the same decision on the objector at the expenses and taxes.
Financial administrator, or the Mayor, have full competence to decide all matters of fact and of law deduced in their judgment with the opportunity of these contestatiuni.
In these disgruntled authors against deciziuni will be able to appeal within 10 days free delivery, when Dale was part of the face, and notification in the event of the absence, at the County Court, which will judge the last emergency court and without opposition.
Prior to the Tribunal's financial administration will be quoted by your administrator, who will be able to ask for the assistance of the State, and the City Hall of advocatus in the person of the Mayor.
The sentences of the Tribunal can be appealed before the Court of cassation appeal of any of the parties who were listed in the lawsuit.
With regard to the financial manager, to be able to appeal, you must have the prior authorization of the Ministry of finance, or public credit administraţiunii. It is claimed by the appeal concerned.
The appeal shall be made within one month from the presence of the Court pronouncement. The Court of Cassation judge without opposition.
The procedure is free of charge and trial contestatiunilor fee exempted portareilor, excepting cases stipulated by article is precedent.
Article 101 If after expiry of the period for lodging the action of escindere with suspensive effect on the course of execution, shall not escindere action, it will proceed further in accordance with the face on all legei furniture executed, and if the action was directed only on some of these mobile, must be proceeded only on those mobile, on which she did not escindere.
Article 102 Handsets are sold usually performed by judicial auction.
The summary executions carried out ex officio, portărelul will fix term without the tendering party; in other cases, only the verbal or written but has urmaritilor followers, releasing or publication thereof.
The publication will show the name of the urmaritorului, deciziunile, pursued by cari was ordered and she did the delegation, the amount of the claim, the auction place, day and hour, showing what objects are auctioned in genere, and price. Objects of greater value and those exceptional quality, it will look like in your publication.
I. art. 19 of the novela (3) of article change. 102, that small change, as in the publicaţiunea auction, what will the public not allowed urmaritului's appointment.
Art. 102.-Publicaţiunea is displayed at the Court, shall be sent to the communal Mayor's Office where he did construction for publication and display, are handed out urmaritorului, urmaritului, and if the execution was done by several, each of them, and in the case of art. 72 and inchirietorului.
Paragraphs 1 and 2. 2 of art. 19 of the novela, amend paragraph 3. 4 of art. 102, as the case may be, if you are several trackbacks, publicaţiunea auction will deliver only to those in favour of whom the auction shall be ordered under art. 20. Art. 102.-If the price assessment is higher than 300 MDL, publicaţiunea will be published in a local newspaper, and if there were no such newspaper, will be published in the Gazette, which appears in place of the nearest; and if In case if the auction shall be ordered, the date of which cannot be longer than 8 days, it will be fixed by the Court. Regardless of the amount to which the objects have been evaluated, publicaţiunea is allowed only through newspapers at the expense of the parties concerned.
The amount charged to auction, it will be stored at the Court before the expiry of the period allowed for submission of escindere with suspensive effect upon execution, or if he had already forwarded any such action until its definitive completion.
1. And a wicked has made the process of escindere, will be able to ask the tender on the basis of art. 104, apart from the pursuer and pursued.
2. Aci does not apply to art. 37. An appeal shall not have suspensory effect.
3. The notice of opposition, it should be resolved before the ordering of the auction. If the opposition is admissible, the prior auction falls, instead it will be you, because the appeal against the decision to reject a given, not have suspensory effect.
4. the term of the auction it secures, but court publications it issues portărelul.
5. implementation of article VII shall be permitted. 42 in this case.
Article 105 in cases when the execution was done ex officio, the auction is also ex officio, and otherwise, only if you portărelul auction, if urmaritorul or people watching, or by assignee, shall be presented on the day of the auction, or reports on portărel, as, although it is not presented at the auction, the auction however starue for execution.
Portărelul on the basis of the mandate of the Chief Judge or loctiitorului or themselves before the auction objects stored and the time, date and place fixed for the auction, reckons the amount to be paid and accessories and start as soon as the auction, if the pursued will not make the payment.
1. Cell phones seized may carry at the request of interesatilor, into a better place to do it.
2. If you agree down here all stakeholders, will be transported to inhabit straight away, instead deciding court.
Article 106 people watching right to indicate the order in which to take the auction, perhaps even to submit to auction paraphernalia seized in place of objects, but if they are not paid claims and accessories, furniture auction continues over conscrise.
If the sentenced person does not voeşte to use this right, the auction is going to be you in the order pozitiunilor, as conscrierea was carried out.
The Court's competence to carry out the execution, at the request of any interested party, and the case of need and others interested, may require the bidding colectiunilor suddenly, and after the circumstances of multiple objects of the same kind or of the same kind, though these objects are recorded in outstanding positions.
V. deciziunei in this regard does not admit appeal.
Article 107 each object is scream in valuation and price if you get this price valuation, auction price gradually shrinks.
The auction will be continued until they get the offer, and if you make another offer, after calling three times the price offered, the object of the claim bought by the one who gave the highest price, even if other bidders have not offered anything. '
Article 108 of the auction, the price of each object must be paid in cash, and after paying numerari price, subject to the possession of the buyer goes under the hammer. If the one who offered the maximum does not make immediate price, subject to be immediately put up for auction again. And why not the bidder paid may not take claim for the excess of the obvious, but is obliged to fill in the amount possibly smaller, which may participate in the continuation of the auction.
If there are no other previously known or not chaser is another lender with a lien and if ' announced a claim with preference nor the amount received from the orderly storage auction, urmaritorul has the right to buy on credit up to the amount of the claim and its accessories. Price is compensated for in both cases in his debt. If there are several trackbacks, such right can be exercised only by mutual agreement.
If the execution of escontentare made on the basis of a judgment given following a setback for shares in cambial, urmaritorul cannot use this right ^ 1).
Article 109 in how it is necessary to lay down special conditions of tender, having objects to be auctioned a tremendous quality, or being ahead of other circumstances, at the request of any interested person, the application shall be accompanied by a certified copy of the minutes taken about carrying out the execution, shall be submitted not later than till tender, publicatiunei display District Court jurisdiction to carry out the execution after hearing possible interested parties will establish the conditions for bidding and will notify it without adjournment on portărel and interested parties. V. This is permissible, or decided or reject the application, you cannot appeal.
If the special conditions for payment in instalments, admits at the request of the person concerned-carei times will lay down the conditions of tender and the fact that it will make a vadiu and auction items, only after paying the total price will be the buyer.
The publicaţiunea tender should be named the place where you can get special conditions attached to the notice, and that the auction will keep you under these conditions.
The Court has the right to spread out in essence publication special conditions and in case if you will find necessary, instead of a fixed term Valdez new term for auction.
If s'a fixed special conditions of auction, auctioneers are obliged to get the attention of these conditions through their signature, before what would admit at auction.
Article 110 About auction will take minutes, as it will be called, will show the number of minutes in which he made the bid object execution, debt and accessories in the current order designating objects auctioned, shortening it, positions under the numbers who was carried out of the buyer's name and the seizure, sale price. Those who have announced preferences right must show in the minutes of the auction. (art. 111).
The minutes will be signed by the pursuer and by the parties, or their representatives.
Handsets sold in auction property the purchaser immediately pass, if only under art. 109, there was established, and cancellation conditions contrary to auction works has no influence over ownership, collected by the buyer.
The fact that the auction was conducted, it will be noted in the minutes taken about execution and this indication will have to be signed by portărel.
In article 10. 110 Add art. 50 of Reg. Corp. Port.
Art. 50.-before proceeding to a sale, portăreii will be obliged, under disciplinary punishment, to form a list of all the objects pursued by that which is done in connection with the prosecution of civil procedure, or inventory that will be formed, this list will be provided separately in the who will note in each object Price: 1. with which he judged.
2. The names and pronouns.
4. Signature of the purchaser, the debtor and the creditor or assignee thereof, if am front.
The list will be signed by portărel, the Registrar, the Commissioner or the one ordained by law of the creditor and the debtor or their representatives.
Upon completion of the sale of each object will go out to tender, the price both in figures and in words, in that section, and after the completion of the other headings, they will sign in column 4 of the buyer, debtor and creditor or their Trustees, certifying the price with which the object in question. The sale of objects will be made in the order who are entered in the list.
After completing the operations of sale will make the total price, esite attest of portărel, the Registrar or the Commissioner of law ordained creditor and debtor or their representatives at the bottom of the list.
This list will be joined at the minutes concluded for the surgery done and where it will make the entry about her.
Article 111 all those who have no right of preference towards indestulare with claims urmaritorului on the price of buying furniture subject to tender, whereas no resulta acts as the execution was done previously in their favor, are required to notify portărelul in writing, in one copy, or even minutes before the auction, their preference rights. About the announcement made orally, portărelul is forced to take minutes.
About several statements made in this connection may be taken orally, only one report. [Art. 24 tracking].
In article 10. 111 Add art. 24 of the Act for the levying and revenue tracking.
Art. 24. the State, County, and Township are privileged, private debt before any income of any nature and fines, over the entire debtor's fortunes, furniture and stationary, without regard to real estate to undergo the formality and inscriptiunii without the forced sale of his purgeze to this privilege in respect of the tax on the income of real estate.
In the case of competition between State, County and Township, or only between two dintransele, the State will have the first rank, the second-ranking and third-ranking Township.
For rent datorite, the privilege is State civil code regulates after dispoziţiunile.
1. See article. 128 XL: 1879 law art. 26, 173.
2. Purchase made in the tender, in accordance with Chapter III of the law of bankruptcy cannot be appealed. See also art. XL: 110 1881 law. (1966) art. 32 the law public revenue tracking.
Article 112 Inchiriatorii and arendatorii are obliged to declare before the auction, the amount for which the legal lien even in that case, if the minutes taken about seizure, shown their right of lien based on the ratio of rental or lease but was not ' announced the amount of the claim.
In article 10. 112 Add the art. 42 of the Act and the regulation for the organisation of the body of lawyers.
Art. 42. Advocatul for the proper fee shall have the right of privilej over the amount or property or movable heritage is documented under customer services attorney if his presence is recorded in writing.
This privilej will come next in rank after the privilege of the State, before any other privileged claims.
If the amount of money earned is located at a hard court or is poprită, or if he made any seizure, amount to ensure they will not be able to disband than with the consent of advocatus, which advocated the process.
Dispoziţiunile concerning procedural guarantee fees remain in force.
1. Pursuant to article 5. 72. Those with legal pledge must be savvy about making separate runs.
2. Those entitled to claim privilege over what it will charge for the auction are required to notify their rights before the auction.
3. See also art. 114 and 123.
Article 113 If the claim has not been made with ' announced and from acts of execution does not show that there were other chasers, known prior to the auction will continue until debt will be covered and urmaritorului accessories, i.e. until all the seized items will sell out.
In this case, the amount charged will be paid, will pay claims recte and urmaritorului accessories that will give you a cash sum; the Act's original claim, whether as a result of payment has become without effect, it will take the end from the pursuer and i will give urmaritului, in contrary, payment is stated on the original Act by the portărel and after this Act shall be returned to urmaritorului, which will release a proof. If urmaritorul must present original deed, the depositing sum portărelul tribunals to him after claims.
After paying the claim urmaritorului, portărelul Panda urmaritului besides the evidence plus that would be one price, and the items seized and nevandute, are issued under seizure and with refund, within three days, make report about pioneering, why Court ' called portărel, which also will submit to the competent court acts if the execution was carried out following a rogatory. The Court ordered execution requires, inform the parties through the year, about the arrival of laws, noting that the Court where both were filed, can be seen and you can remove the copy from them.
In cases when the execution was carried out by virtue of a decision made in the wake of the action or recourse to ensure bills ^ 1) amount charged is not da urmaritorului, but are presented without deferring to be deposited with the Court report separately.
1. When on the occasion of an invitation to tender was paid off the whole debt, other stuff, which was still under seizure should be released immediately by portărel.
2. Although the auction works against it is acceptable to opposition, it cannot suspend the release of the money collected, the hand urmaritorului. (Immling).
Article 114 If she filed a claim of preference or the execution of the acts are found to be a previously unknown, pursuer auction will be continued until all claims and their accessories will be covered, or until all bids are seized furniture.
In this case, if all interesatii were agreed, with respect to the distribution of the purchase prices, which actually will look even in the minutes of the auction, portărelul will make you immediately purchase price distribution, under the agreement; otherwise, the portărelul within 3 days will go forward without postponing all acts and anuntarile, which eventually would be relating to the pretentiunile of preference, the competent court for carrying out the execution; While the purchase price and the objects of value (art. 73) whereas there have been sold, will go forward without delay, with a special report, for submission to the jurisdiction of the Court.
1. In case, if the amount charged by auction shall cover all the debts of urmaritului, which he did, the amount will have to be divided. Otherwise only if all pursuers agree.
In accordance with article 115 dispoziţiunilor art. 102. and art. What will you tender and when ordering auction pursuant to article 13. 106 of Act XXVII: 1876, for pledge lender owned cambial, or under art. 305 and 306 of Act XXVII: 1875 for the pledge given to cover the claim resulting from any act. In these cases, there is no place for somatiunea the right of preference and no procedure for the determination of pretentiunilor with preference. After ordering an auction and after evaluation of the pledge, he is liable to release portărelul publicaţiunea tender and to conduct the auction. Portărelul is obliged to make the payment of the debt secured and return to the debtor or insolvency excess mass what would remain, along with the original draft, paid or if there arises a drag, will be submitted to the Court. (art. 113).
V. decisului brought this appeal procedure, takes place, and the counter measures and deciziunei, the portărel, it is accepted, but the opposition have suspensive effect only on the distribuirei amount levied at auction.
In article 10. 115 Add art. 51-63 of Reg. Corp. Port.
Art. 51. Recepisele-filing of amounts but will forward through portareilor, the head of the body immediately, together with the minutes of the operations made in the registry of the Court in question. From these reports it will add appropriate texts for sale.
Under no circumstances will not portăreii indestula live on creditors with amounts of invitations.
Indestularea creditor or creditors, amounts between will be several, will be made by the respective courts in accordance with these rules laid down in the code of civil procedure; they will check the fees charged by the portărel for the operation being performed.
Art. 52.-Head portareilor won't be able to stop the conservation money, payment or recepisele Ordinances to be deposited in the following sechestrelor popririlor relief or prosecutions before the day of sale. The sums of money or those in the payment instructions sent by parties or authority, following sechestrelor times popririlor prosecutions or set up, will shed the financial administration as soon as they are received, i.e. for which they are submitted.
Art. 53.-Recepisele will forward it to the 24 hours of their receipt or dela dela paying amounts to financial administration, the Court has to make the release of money, send in your name and reason for the filing of the parties, the pronoun recepisei or money, and any other circumstances of the case. The address will also look through portareilor body garnishments over sums deposited until the day of dispatch of the Declaration by the recepisei or that, seeking what is the duty roster is you dela, no body ' found no garnishment.
If the Court has to make money has more release sections, one of which by the notary, portareilor body will send the receipt in this sections.
Art. 54.-For recepisele of who shall make mention in the two preceding articles, the head of the portareilor will keep a record of snuruit, and endorsed by the President drafted the Tribunal, (E Series No. 6) which will: 1. name and pronoun depunatorului;
2. The date of filing;
3. name and pronoun destinatorului;
4. The nature of the business;
5. The file number;
6. Number and date recepisei;
7. Its value;
8. Name of the authority which he sent the receipt;
9. Number and date of the address with which he sent.
Art. 55.-For release recepiselor, the Court shall ascertain whether he made an attestation by the head portareilor about popritoare tasks, check the title of the person entitled to receive the money, sure of his identity.
Art. 56. Recepisele-flying in the portareilor will pass in a workbook (E series, no. 6) in the manner shown and will be sent to the respective courts, with all deslusirile due under art. 53 of that regulation.
Art. 57. the courts will hold Registrars-a workbook like the one prescribed in article 21. 54 of this regulation, they will score all of bodies received recepisele dela portarei, showing the date of receipt.
Art. 58. Recepisele-submitted by the parties for the performance of an obligation, apart from any measure of any judicial authority, will keep in the Chancellor's Office portareilor.
Also sums deposited at portărel and who have no connection with any work of any judicial authority, it will immediately spill under disciplinary punishment by the head of the financial administration portareilor, and recepisele will keep the Chancellery House.
Art. 59.-in no case portăreii will not be able to get into the storage objects provided by debtors creditors to be released from an obligation. The parties will be indebted to record the place offered to House deposits or financial administration according to these rules of civil procedure, and the receipt to a lodge at Portarei.
Art. 60.-For recepisele who is all about art. 88 and 59 will you head portareilor personally, a separate register initialled by President endorsed the Tribunal.
This workbook will be identical to that shown under art. 54 (e. series No.6).
Art. 61.-prior to release recepiselor will check the title law, will determine whether there is any task propritoare and will ensure the identity of the consignee about all of this is going to make mention in the minutes, which will wrap up for release recepisei.
The minutes will be signed by the head of the portareilor and of parts and will keep the work folder.
One report will end percepandu a single fee for the release of several recepise at the same time the same people, when the origin is the same amounts from recepise.
Art. 62.-When the value of the recepisei is one thing, the parties will be able to ask for a portărel to go to the House of consumatiuni, or the place where the work to be the face of teaching and to ascertain his identity.
Art. 63.-If, following a Conference hold its value and real datorite, will be made before the request for the Court to reinforce or cancel the offer, the head of the portareilor will be required to submit them as soon as under art. 53 of that regulation, the receipt of the submission, after the application is going to do her. In this case the receipt of submission will be entered in the register provided for in article 4. 54, making mention thereof in the register prescribed by art. 60 of the regulation.
1. See article. 305-308, 347, 371, 379, 380, 388, 409, 411-413 and 447 of the code. Com and see law XIV: 1881, and today about the loan through mortgage.
2. where goods are made in Commission, expenses of carrying out bids do not prevail through legal pledge debt provided the consignee (1908).
Article 116 where the purchase price charged by auction is not paid claims and accessories urmaritorului, urmaritorul will be able to claim that the execution shall be continued by the portărel and whether the request will be made directly to a portărelului before the tender documents to submit: portărelul is obliged to carry out the execution: urmaritorului continuativa over what can be found in the same district court without is to receive new task.
Except in this case, until the acts of execution pursuant to article 5. 113 were not returned to the Court, which ordered the execution, will be orderly continuativa by court with carrying out the execution, and after the return of the documents, the Court which ordered the execution first.
1. See article. next 117.
2. In the case of an invitation to tender carried out in accordance with art. 104, when cell phones are taken out by filing their value cannot be applied to art. 116, and much less can get under seizure again.
Article 117 continuativa Execution, except in cases of îndicate art. 116, will be ordered: a) if urmaritorul shows that debt is not covered with items taken under previous seizure by execution;
b) If on the furniture or the seized party, filed the action of escindere, or if he announced a claim with preference;
c) if it requires deletion from record enforced object, they likely execution.
Execution of a rule continuativa, ordered the Court's competence to carry out the execution. In the case shown by al a., if more judges were charged with carrying out the execution, execution is ordered by a court will continuativa who ordered the first execution. (execution).
In the case shown by al a., court according to the circumstances, may establish in the task urmaritului the expenses of executing continuative, or cease. In all other cases, people watching except the expenses incur continuativa cropped up.
If urmaritorul ask for ordering the execution of continuative before what would be conducted orderly implementation of already, in this case the execution may have been ordered, continuativa but expenses cropped up with drafting the request for execution, cannot establish the responsibility of the contractor.
1. Can not be attacked by ordering the execution of continuative managerial decision on that ground alone, that run right through transactie ' he died, belonging to the art. 30 of the Act.
2. See article. 135-207. The estate will be decided by the first instance court.
3. If after the execution report, notes that ' wealth has at the request of people watching the new evidence will be made through the delegate has.
4. The execution of insurance shall be allowed further execution (1913).
5. Execution being ordered and on real estate, the continuativa will be ordered, unless it is shown that buildings presents an insufficient coverage (1906).
6. If on the occasion of the execution of the execution shall be taken under the continuative claims already on the occasion of poprită to carry out the execution, execution cannot be cancelled ex officio, but can't load costs falls urmaritului (1907).
7. Will not be able to establish a second time expenses borne urmaritului, if execution is done separately once mobile, the second time on the estate (1901).
8. If the auction at urmaritorului's request was postponed, cannot form grounds for requiring execution continuativa (curia, 1885).
Article 118 in the case provided for in article 4. 114, unless the parties have agreed on the distribution of the price, the Court's competence to carry out the execution, secures a short-term and quoting all the stakeholders in order to distribute the price. At desbatere, you can cite the parties and their representatives, who have already occurred during execution. If any part cannot be quoted at desbatere, necunoscandu-i-is domiciled, or if desbaterei until the day arrives offering proof of summons appearing in rule to address a party not presented; It's called a trustee without the summons through publicaţiune, and if you do not set a new deadline for desbatere, in the shortest time.
1. The amount charged bidding for mortgage data, things inventarizate in the table is broken, will be submitted to the Court and not the Court of bankruptcy, because bankruptcy law has no provision in this regard.
Article 119 the Court after hearing the parties concerned, shall determine the order in which indestularea claims, and immediately rule in this matter decisul.
The expenses of the auction, the publication and will be put in series with the preference, before any other claims.
If the pronunciation, in contra deciziunei does not appeal, the purchase price will be distributed immediately. And if, when the pronunciation was ' appeal with motivation, what can be done within 3 days, the acts shall submit within eight days.
The appeal will have a suspensive effect only on achitarei those claims, whose escontentare is what decision pendence will be given by the superior court. In case of appeal, claims that without consideration to the decision of the Court of appeal in any case payable from the purchase price will be paid even if he did appeal.
The counter data in deciziunei Court, whereas managerial decision first instance was reformed, allow the appeal with suspensive effect, to the Court.
Such an appeal must be submitted within 8 days, from the second deciziunei is handed over to the Court.
Creditor's claim that as a result of the execution of the assurance has won the right to pledge, but if interesatii had not fallen to another agreement, the amount corresponding to the completion of definitive process filed for claims, shall be deposited in the repository.
If you find veritatea a claim secured by the pledge, with the amount in storage warehouse, indreptatitul will be guided, as in fixed term of 30 days, counted backward from the way its final punitive action deciziunei the Court jurisdiction, and claims there is no due date, from the day referred to in year maturity. This process has filed suit against the contractor, maintaining the right of intervention in the process to stakeholders.
1. Pursuant to article 5. 197, by analogy, if not mistaken, the Court refuse the payment and deposit, in case if someone makes that claim credible, at least in part has been paid.
2. where urmaritorul has run only through pledge insurance amount shall be registered in the repository.
3. The serial desbaterea will not apply to civil proceedings (1887). It will not be able to carry out contradictory.
4. See article. 66, 140.
5. the expenses of the auction not only kept, but even those remaining without result due to circumstances beyond urmaritorului, are considered privileged positions. (Curia, 1883).
6. Will help guide the process, if the right of priority becomes debatable (1909).
Article 120 Is repealed and replaced with the art. 20 of novelei from 1908.
If there are several performers (articles 86 to 88 of the LX: 1881) as well as in cases when the same are seized and mobile suprasechestrate, escontentarea must be ordered auction for the claims of those who have made the execution, seizure and suprasechestrarea, and if they did the execution until the release of tender publicarei even if they asked for only one of the trackbacks ranking auction.
This provision shall not apply: 1. If urmaritorul or at what he did suprasechestrarea, announced the termination of his claim;
2. If urmaritorul has proven with the receipt from the post office, or by the act, the termination of debt: 3. unless the execution is carried out ex officio, if urmaritorul or suprasechestrul at what he did, not asking the auction within 3 years.
In the case of point 1 and 2, the announcement may be made in writing or orally to the Court that he carried out the execution, or at portărel.
Verbal announcement must be made in the minutes.
In the case of section 1 must be communicated to urmaritului announcement, and in the case of section 2 urmaritorului.
If the announcement indicated in point 2 shall be made after the liberation of the publicatiunei tender, only in that case will hold the auction in favor of urmaritorului or suprasechestrarea that made for claims covered by the announcement, if it is presented in the auction and for keeping her starue.
The right of pledge of urmaritorului or the suprasechestrare did, remember in points 1-3, do not fall under the above provisions. See article. 19 novela.
1. If the serial desbaterea will not be able to pronounce judgement, it will fix a new date, will cite those interested.
2. See article. 102, 105, 114, and art. 19 novela.
3. This provision shall also apply to the new object conscrierea taken under seizure.
Article 121 have been executed, which have effects on atari at the stock exchange, the rule does not apply to auction, but with the participation of the parties, are sold by the portărel through the intercession of a courier of bursa bursa if there are in the village, and if in the village is not the stock market, are sold through the intercession of a instituţiuni or another appropriate way, but in any case , money numerari. Sale account must be joined to the acts.
The sale cannot be made under the middle price of the day with a fall of 2%, except with the consent of all interested parties.
If the commune is not stock exchange and sale were not ' could do as shown above, on the basis of the report made by the Court with jurisdiction for the portărel, carrying out the execution will address the competent court in the nearest residence scholarships in order to make the sale.
If sale cannot be done after any of the ways indicated above, the effects of value are sold by judicial auction.
Article 122 If he claims the seized urmaritului, urmaritorului urmaritului desire, the debtor is obliged to declare: 1. If you or if you don't recognize and acknowledge the claim, how veritatea and is willing to make payment?
2. who has, and what kind of claims upon claim seized?
3. If the claim is enforced and in favour of another creditor, and if so, what kind of claims?
Domicile for the making of the Declaration will be contained in the order by which it brings to the notice of execution, or if required by urmaritorul later, the debtor will be summoned by the portărel through a decided separately.
The Declaration must be made in writing or verbal portărelului, within 8 days of the Ordinance or the awarding of the decisului dela separately, and signed by the borrower.
The written declaration or the report compiled for the verbal declaration, shall be submitted to the Court, and portărel stamps shall be applied by the pursuer.
1. What effects do not have quotation at the stock exchange, will be sold in the auction, according to art. 102.2. See article. 112, 35 and 111.
Article 123 was executed If the debt money numerari and beside the pursuer has no ' right of lien over such claims, the Court may require the urmaritorul competence for carrying out from the presence of the performance, as it claims to grant about his execution.
If debt enforced urmaritorului accessories race claim and, in the absence of other învoieli, then the transfer will only be able to do, if it pays in cash plus numerari by the pursuer.
If there is any claim about an act, it must be on the last assignment that is given in the original urmaritorului.
Except where indicated in art. 80, claims cannot be cheated, assign urmaritorului before the time limit for submission of action of escindere with suspensive effect upon execution, and if she filed such action escindere, can't make the transfer, until it won't solve.
Urmaritorul is responsible for the veritatea and incasabilitatea claim.
If seized, in order to ensure the claim is documented in the book the right mortgage funduara is the matter to court jurisdiction of the funduare books.
Article 124 if the assignment of the claim in accordance with art. not may assign, and then, if urmaritorul does not want the transfer of the claim, may request the Court jurisdiction for conducting the execution, to allow for the receipt of the claim, or to delegate to that end.
If someone else has a right of pledge on the claim, or whether the claims are running race and only claim, unless the parties have otherwise excused, for collection must be delegated a curator in case contrary and receipt will be trusted with urmaritorului.
Urmaritorul may be required even before the deadline for the submission of what serves escindere action with suspensive effect or to solve this escindere action, ordering the seized claim for collection of dispoziţiunilor.
And if s ' escindere action filed with suspensive effect, it cannot order (art. 129) the amount charged until will not resolve definitively the action.
Urmaritorul entrusted to the trustee or delegate, has the right to submit a claim for the proceeds of the action in his name; It is, however, obliged to notify about forwarding action intended, if he knows his domicile, by registered letter addressed to the home.
Urmaritorul is bound to advance the expenses necessary for revenue.
1. collection Curator, in the process of escindere filed, you could figure that part in the process. (Curia, 1907).
2. Trustee appointed pursuant to article 5. 124 is entitled to judgment for execution petitiona claim previously, as the successor of the law (1897).
Article 125 Urmaritorul, or trustee-delegate for cash, are obliged as receipt of the claim to make competent court for carrying out the report's execution, and the trustee is obliged to present the sum of money received report citing numerari.
The Court asemneaza claim amount charged for depreciation of urmaritorului, if someone else ' out has the right of lien. Depreciation will be noted on the claim, which possibly would not exist, and for this purpose the Act must be submitted to the original.
Urmaritorul, before handing over this asemnare decided, it cannot dispose over the amount.
Article 126 for the distribution of the amount of money collected and presented by the Trustees, the Court fixed term and make distributing the amount received in accordance with dispoziţiunilor art. 118 and 119.
If the claim for insurance received was inscribed in the book of funduara the right mortgage and on such mortgages were collected under-mortgages, the order of payment will be determined in accordance with the order of rank to the book funduara, according to dispoziţiunilor concerning the distribution resulting from the sale price of real estate and for this purpose the trustee entrusted by delivering the report, e to present and owe certified extract of the Charter funduare.
Trustee expenses and duties entrusted, who were judged not to be borne by the debtor of the person sought shall be determined in the course of distributing works price and shall be paid in the first place of the amount charged.
According to art. 118 and 119 of the price distribution will be made when a particular times, or a cashier, public meant to submit to a court-enforced amount to him by many. In this case the money is disposed at the Court, whose portărel has carried out the first execution (runtime).
The application for deposit shall annex a painting by him who makes the submission in which it will indicate all creditors, in chronological order as they did sechestrarile, the original will annex and ordinances by the Court or other authority, concerned by their portăreii.
Article 127 If debt charged not for money, the Court based on the concatenation of the value of the object of the claim received by auction and for carrying out its charges a portărel.
In this case, it is no longer necessary to release somaţiunei for the announcement of the pretentiunilor; and the price of the evaluation will be done calling, is determined by the portărel with the intervention of one of judicial experts employed on a permanent basis whereas you need but without regular evaluation procedure. The price charged, payment will be made in accordance with dispoziţiunilor art. 125 and 126.
Article 128 in the case if the claim is neincasabila, urmaritorul seized is entitled to claim his acquittal lets take, by making the execution on other kinds of goods of urmaritului. Costs and fees set by the Court and checking for cashing claim seized will add to the background process claim accessories.
Right above it needs urmaritorului and then, if you give up the right of lien over assets seized or collected to the claim if the debt looks like though not presenting enough seized coverage (article 117, point a).
In case if you give up the right of pledge, you must încunoştiinţat urmaritorului debtor.
Article 129 If claim a seized pendence condiţiune is, if the due date of the claim takes longer than half a year, or if you claim it's an ever-pendence versus-benefit, if the flow is in insolvency proceedings against the debtor, or if the achievement of urmaritului claim is hampered by other reasons the court orders the sale by auction of the claim by judicial or other way decides valorisation.
In respect of such a request, the Court will listen to if it is not pursued in the country or place where he is domiciled is unknown, the Court must hear curator named for him.
The auction will be prescribed under these rules you in terms of furniture.
The monetary claims for first auction will serve the nominal value of the claim. Why not bring the claims, interest will decrease of the nominal value difference of 6% interest until the due date of the claim ^ 1).
Auction price of other kinds of claims, shall be established by the portărel in accordance with art. 127. The purchaser will tender enters into the rights of the assignee for valuable consideration, and the acts made about claims, together with cash pawn what would serve, will auction buyer. If the claim is entered to ensure the right mortgage, it will refer the matter to the Court's competence ex officio funduare, both cards for mentioning the auction ordered and for signing up schimbarei cropped up in person to the creditor.
Third person who has not submitted within legal proceedings against the buyer's escindere tender, no longer able to carry out any demands made. ^ 1).
1. After receipt of the amount, urmaritorul or the trustee will have to make the report to the Court and submit the amount charged. No urmaritorul is no exception.
To do this, because it can announce such right of priority and pledge right of urmaritorului is discussed.
2. it will proceed in accordance with art. 118 and 119, and in that case, when the money it has collected itself urmaritorul.
3. The trustee will retain its direct expenses, in the amount charged.
4. See article. 102, 123-124, 103.
5. the last sentence of article. 127 says, as the amount it makes escontentarea portărelul; 113-114, or court under article. 118-119. Article 130 cannot be achieved in accordance with art. 129 for annuities on lives, and other claims are payable in installments, from time to time for a doctor, but escontentarea will make the disposal provided by art. 123, or by receipt of conformata art. 124, seized rates.
Article 131 on the rights of the smaller Royal fruit ^ 2) execution is done in accordance with these rules laid down for the implementation of the securities. valuation price is determined by the sum of the insutita portărel, after income tax valuation price will be determined based on the data, that are shown by the parties, or if those rights are exercised jointly, on the basis of data which it will obtain dela President, cashier, some members of the composesoratului, or arendaşul. dela
And if the right fruit is inseparably linked from there-a real estate, execution cannot be made on this law, than with the building.
With the exception of those cases, the execution of over real estate, urmaritorul real estate, with the execution may require the execution and the Royal rights, smaller fruit, which is not yet separated from the building.
_ _ _ _ _ _ _ _ _ _ _ _ ^ 1) Cautia date of third persons by pursued cannot be considered as a debt, but third person will have seen as depositary and not the borrower.
^ 2) rights "regalita minor" (privileges).
DISPOZIŢIUNILE LAW: 1881, LX with ALL POSTERIOR MODIFICATIONS concerning the ENFORCEMENT of the REAL ESTATE) _ _ _ _ _ _ _ _ _ _ _ _ *) Note the following items represent the portion of the law was not repealed.
Article 132 if you sechestreaza a urmaritului law, got a over a real estate fortunes under a legal act between the live, urmaritorul will be authorized on behalf of the competent court for carrying out the execution, by incheere so that he could harness the right sequestered. Seized documents relating to the right, for how you have found to follow urmaritorului is issued in order to capitalize on the right.
Incheerea above entitle them to capitalize on urmaritorului urmaritului in favor of ownership or rights in rem, as it could harness the people watching. To this end, urmaritorul can start and process on behalf of or as the plaintiff. Expenses and fees established by judicial process in the process, it adds to the accessories of the claim.
Follow-up tracking over ownership or rights in rem capitalized, is made according to appropriate rules.
These rules apply with respect to works and then, when the execution is done over the redemption of zalogului that would have people watching with respect to an estate.
The note. See also art. code Civ. 974 R.
Article 133 If it stops any monetary claims of urmaritorului to stand up from a warehouse, the competent authority to carry out the execution, it will become final after the procedure of seizure, claim they were cheated in the preliminaries for the favor of urmaritorului, and managerial decision containing the authorisation, a higher authority sends the cashier who will make payment (art. 83). This authority is obliged to instruct without delay to make the payment to the cashier at urmaritorului hand, awaiting eventual time limit for payment.
In need of managerial decision ordonantare, laid down the amount and its accessories until ordonantarei day said, mentioning, if appropriate, interest of the day ordonanţării up to escontentare, and if so, why after the amount and percentage of interest. If there are claims about the act, urmaritorul is bound to this Court ' l ordonantare, to indicate on the original payment or amortization made by ordonantare.
1. If the claim was poprită to the public Treasury by several persons, the cashier will deposit the amount to the Court. Court will proceed in accordance with art. 118, 119.
2. Authorisation shall make that Court, that judge to serial desbaterea (1905).
3. See article. 83, 84, novela 18 and 133.
Article 134: If seized upon through the implementation of the insurance is intended to make the execution of escontentare, it is ordered by the Court jurisdiction under article. 2. This Court, if at the same time it is competence and for carrying out the execution, it is obliged to release and, in accordance with article somatiunea. 89, and send a delegation to carry out the execution; in the contrary case, to this end, it will refer the matter to the jurisdiction of the Court pursuant to article 13. 18. In these cases the 15 working days for the submission of escindere with suspensive effect, are counted from the day when somatiunea was displayed in court.
Escindere actions, possibly before the issue submitted to the somaţiunei also have a suspensive effect; But if escindere does not contain action request to the contrary, expressly made, shall desbate only after expiry of the period in somaţiune, with the other actions of escindere, which eventually would be.
On the other hand execution of escontentare rules will apply when the execution is done on the furniture already seized by the execution.
1. The execution of escontentare after the execution was carried out, will not proceed to a new execution. With regard to things already taken under seizure by the insurer, but if there's other things, construction will begin by releasing somaţiunei, no suprasechestru.
Title II enforcement of real estate When the execution is done for real estate claims delving into law 269, for fiscal procedure code, from 1 April 1942, are applicable to art. 240-272 of this Act.
In cases when the execution of a claim for the proceeds of the cash to be done over a building in construction demand will determine the property number funduara book and if in a book funduara include several bodies of funduara and fortune doesn't make it over all the objects of wealth, it will look like and the body or bodies to which wealth is asking the execution with reference to the numbers of topographic funduara. At the same time it will look into the request and the Authority's competence to carry out funduare books runs.
If, for the claim to be cash on the way, and he tabulated or was already prenotat, previously the right mortgage, it will look like and this circumstance, with reference to the number incheerii which ' ordered preparation or advance booking.
The note. 1. Law No. 306, amendment and repeal of law no 230 of 11 July 1930, for the unification of certain dispoziţiuni relating to enforcement, from 5 August 1938, also comprises the following dispoziţiuni: Art. 1. the application for enforcement-In real estate, the lender is obligated to show the value of each of your listings that aims, the value cannot be less than ten times the revenues from the tax roles for urban buildings and eight times the revenue from the tax roles for rural buildings.
Ordonand or incheerea command execution will make mention of the value shown by the lender.
Law No. 833 Noemvrie 24, 1939, he completed art. 1 of law No. 306/1938, adding the following: "If the building was pursued land whose natural number of funduara can be identified with the tax roles, Mayor of the commune in which the land is located, will issue a certificate which shows the average value of dwelling jugar".
"The debtor pursued will be able to challenge the certificate, evidence that the identity of the land can only be made with the tax roles".
"The average amount of housing provided in the certificate from the Town Hall, replaced by referred to in the first paragraph of this article".
"When the building was watched Woods what not included in tax roles, its value will be able to establish through oneşti, certificate within which lies the forest and which will take account of the age of paduros, the possibilities of exploitation and transportation, as well as distance until debuseul closest."
2. See also art. 13 (6) of the Act.
Article 136 when ordering the execution, the Court shall send to the authority a copy of books funduare the execution of the application accompanied by incheerea of ordering the execution in order to intabula the right mortgage, or to be made in regards to inscriptiunea the right mortgage prenotat, concerned to note the right execution.
Funduare books authority hearing into how there is no book funduara PIP, is obliged to order the tabulation of the mortgage law, mortgage law inscriptiunea in regards to prenotat, run notatiunea entitlement question.
Note: see art. 13(2). 7 and 8 of the law.
Article 137 tabulation of the right of mortgage executionala, notatiunea question of the right of execution, can be ordered when the right property is only prenotat in favor of urmaritului, with the effect of law pending justification prenotarii; and if tabulated over ownership in favour of the urmaritului is prenotat the ownership of another person, with the effect of law pending of nejustificarea prenotarii.
In this case, urmaritorul, based on the incheerii ' ordered tabulation of conditional mortgage executionala or notatiunea right, can make the steps needed to justify property rights prenotat in favor of urmaritului or for termination of ownership prenotat against urmaritului, adding the expenses of which shall be determined by judicial process based on the accessories; and the auction may be required after rises in value as the decision ordering cancellation of or justification.
Though it was noted in the book of funduara process started his claim for the proceeds of the pursuer tabulated or preparation or advance booking, reserve the right of property in favour of a third person who was ' would do after the process, notation cannot serve as PIP for notatiunea the right of unconditional execution and carrying out of the execution.
These dispoziţiuni shall also apply where the right mortgage was tabulated, without a prior trial procedure, on the basis of an enforceable act (art. 11 of law GUGALEALA: 1871. art. 111 of the law: the law of 1874, BYOMKESH XXV: 1878, article 11 of the Statute of the pawn shops and article 2 of Act XXXIX: 1879), or if the tabulated or prenotat on the basis of a judgment of conviction , or transactiune, in which cases, preparation or advance booking of ownership in favor of a third person, made right after the mortgage was entered, also can no longer prevent the unconditional right of notatiunea and carrying out the execution.
Note: the laws referred to in paragraph last am strung dansand enforcement act, under the grace of which means "act with appended '.
Article 138 If, in accordance with article 5. 74 of regulation books funduare, intabuleaza right is conditioned upon the execution of a mortgage on real estate passed onto urmaritului's way or tied up, but still neintabutat or even prenotat as his property, the continuation of the measures of execution should be suspended until it intabuleaza ownership urmaritului. To this end, urmaritorul is entitled to make the necessary steps, based on the incheerii ' ordered tabulation of the conditional. Expenses cropped up, established by judicial process, add the accessories in the process.
Article 139 Incheerea of ordering the execution shall be communicated to both the urmaritorului and urmaritului; However, if the application is rejected, the execution is incunostiinteaza only urmaritorul, with return of all copies of the application for execution.
If the Court sezisata rejects entirely the tabulation of the right of mortgage executionala, prenotarii mortgage right justification, run notatiunea entitlement question, incunostiinteaza and urmaritorul are the only court that has addressed the Commission rogatorie.
If you incheerea, strictest restitue is made is called urmaritului, and the hand of a curator without citation through publicaţiune, and incheerea shall be communicated to the trustee, as well as other decisions which are more in the course of execution, until the people watching their home or care Announces representation.
Article 140 * both sides have the right to appeal within 8 days counted dela incheerii communication data against the Court's competence in the matter of the execution, and ordonarii against the incheerii database of the authority on the issue of books inscriptiunii funduare right notatiunii right executionala or mortgage. The appeal directed against the incheerii of the execution order, the appellant shall attach the copy was given to the execution of the application.
In terms of ordering the execution of incheerii, second court decides definitively. However, against the incheerii of the second court, to change the incheerea card funduare authority, the date of the issue of the right of mortgage intabulării executionala prenotarii and notatiunii, in regards to the execution law, you can appeal that will go forward in 8 days. With respect to the suspension of such effect (recurgeri), serve as the dispoziţiunile directive art. 37. Note. 1. In article. 79 and 81 of the Act No. 144. for the High Court of Cassation and justice, of 20 1925, Decemvrie was abolished the use of grade II dispunandu as, incheerile sentences and data after the promulgation of the second court, in any proceedings or are litigioasa graceful attributes during communication and in their counter is not permitted other than appeal in cassation only. Under art. 50 of law No. 539, for the High Court of Cassation and justice, of 13 July 1939 in appeals against rulings given by the Court, as the Court of appeal, in terms of opposition to execution and appeals against tribunals tiles from incheerilor, as the Court of appeals (recourse), in any implementation is judge of the courts of appeal in question.
2. In article. 34 of law No. 394, to accelerate judecaţilor, 23 June 1943, she changed the deadline for the call, that is, against decisions given by the judges, 10 days, from the day of pronouncement or communication, as appropriate, and the deadline for appeal against judgments of the Court is, under art. 43.2, of the same law, 15 days, when the appeal, which from communication within the competence of the Court of appeal.
It is more appropriate to be noted that, according to art. 23 of law No. 609 of 1 July 1941, for exceptional measures, all deadlines for attacking judgements, provided for in the code of civil and criminal procedure, those set out in the code and the civil code, for the performance of the acts and formalities required of these codes, and having a heritage character, as well as the time limits of pre-emption, they increased by 15 days, during the aplicatiunii above said laws.
Article 141 About call forwarding (recurgerei) against the incheerii of ordering the execution of the decision of the superior court and will be notified to the authority of funduare books.
If the second court to quash, incheerea disolvat, of ordering the execution of, or changing the incheerea rejected the request for execution, preparation of the right of mortgage executionala, notatiunea prenotarii or right justification, it will radiate from the Office and for this purpose the competent authority shall give consent and of books funduare.
If the Court has authority to change the two incheerea funduare books, incunostiinta about it, besides the parties, and the Court ordered the execution.
In regards to inform Parties, apply the General rules.
Article 142 tabulation of the right of mortgage executionala run notatiunea entitlement or has the effect of law, the tabulation or creditcard to the rear of the property, may not prevent the continuation of the prosecution.
Article 143 If ownership of a common wealth is the name of the truthfulness of the parties determined and execution is not directed to the receipt of a claim which would impose an additional burden on all owners, the funduare, citing books through incheerea ordering preparation of mortgage law executionala law or notatiunea, all interesatii, you desbatere formal (^ 1) and after a possible procedure for evidence required, acting through the sentence over with.
If there proves to the contrary, the truthfulness is considered equal to all, except, when are enrolled with indeterminate portions of a person's descendants and spouse, in which case half the building is considered the property of the husband, and the other half owned by descendants enrolled as owners in equal portions on the ends or on stems.
In this case, the invitation to tender may be required only after raising the value of the sentence.
Art. 143 is amended by art. 47 of Act LIV: 1912 as follows: Art. 47. The second paragraph of article 215-intaiu. 143 1881 Act LX change: in the sense that the books incheere and funduare acting by not by the sentence.
The last paragraph of art. 143 1881 Act LX is replaced by: the following dispoziţiuni: Side that suffered during this procedure any injury, they can capitalize on the way to pretentiunea an ordinary law.
In the case of this article, may be required only if the auction does not justify the books funduare, within 30 days, the submission process against incheerii that authority. In the event that they justify the submission process, the auction may be required only after he raised the value of the right decision ' has settled the lawsuit.
The note. Through formal means desbatere summary procedure, which may be contentious in nature or gracefully, in which the Court ruled that, in particular, on any matter falling prejudiciale. See: art. 55.2 and 3 of the law on LIV: 1912.
Article 144 expires after 15 days, counted from the rock with people watching the incheerii of mortgage law ordering intabulării executionala or notatiunii run urmaritorul entitlement, may request, through the request submitted to the authority of funduare books in a copy, to order the auction.
In this application will look exactly the required buildings being auctioned, it will calculate the claim together with the accessories, the farther it will present the data necessary for determining the price of sale (art. 145) and the draft condiţiunilor tender.
In this way may wax tender and people watching.
The note. In accordance with article 5. 1 of law No. 306, amendment and repeal of law no 230 of 11 July 1930, of 5 August 1938, urmaritorul is forced to show the value of each of your listings that aims, even the request for execution.
Article 145 * in order to be able to set the price of the auction, you must submit a certificate issued by the perception, or if the giving is in the village, a communal certificate, about putting the State at cat was imposed last year expired property to be auctioned.
If the property is removed together with the tender and regalian right, in order to establish the price of the auction, and will present data according to art. 131 regalian right minor considering the tender together with the building only then, if you look it in publicaţiunea tender.
The note. 1. This article was amended by laws referred to in the note under art. 135.2. Regalian right through the minor, it is understood those rights which abundance mosierilor under the old regime, as well as pre-1848: right to you balciuri, carciumarit, milling, fishing, etc., which were abolished through more laws, after termination urbariale.
Article 146 authority cards funduare, if it finds that the auction may be ordered, by issuing publicaţiuni has an auction, and if it finds that the auctioneer cannot be ordered through the incheere of rejection, which will pass on the request for tender, on the basis of targeted soaking urmaritorului forwarded pursuant to article 5. 144 and showing possibly the incheerea of rejection, gaps that must be filled out in order to be able to require the auction.
Article 147 * in the event that the ordering publicaţiunea auction auction, what issue should contain the following: a) exact property removed Appearing in court after the auction in Vienna and book number funduara;
b urmaritorului Name and urmaritului) and appearing in figures of capital claim, for whose collection it's facing execution;
c) price of auction;
(d) the time and place of the auction), the latter with the brightness of the day after calendar and time;
vadiului e) Amount you need to deposit people want to buy;
f) payment deadlines;
g) Noting that, generally, established auction suddenly issuing tender publicatiunei, you can see the official times in the books funduare and the Mayor of the commune in question.
If the auction price of the property passes 100,000 lei (in text 5000 florins), too, if the price of the auction is less, but the building is located on the premises of the authority of funduare books or close to him, the auction will be fixed on the premises of the authority funduare, and books for the auctioning of real estate located in another place, where the price of a sale cannot exceed 100,000 lei , will auction the communal Mayor's Office that fix. They reasoned request of urmaritorului, made by auction, or at the request of the other parties submitted prior to solve the demand for auction authority book funduare can fix the tender spot and when the price of timber passes 100,000 lei.
Suddenly with issue publicatiunei auction, the auction will be noted in the book funduara.
Art. 147 is complemented by art. 21 of the Act XII: 1908 as follows: Art. 21.-Art. 147 of the LX: 1881 is completed by the following dispoziţiuni: the Court shall set the amount of vadiului after taking into account the circumstances and urmaritorului, made the proposal in this regard. This amount may not be less than five per cent and higher than twenty percent of the auction price.
When bids, State is not obliged to file vadiul. Are not required to submit bids, when vadiul estate encumbered in favour of their mortgage, nor limited-liability companies and cooperatives based in the capital of the country, authorized by paragraph two of article. 10 of Law XXX: 1889 to issue tax-exempt mortgage bonds analog, and the central cooperative credit established by law: 1898 XXIII. If the purpose of the law, the competitor loses vadiul, competitor exempted under this article to submit vadiul, is obliged to enter in their judicial deposit amount corresponding to vadiului, within eight days of receipt of the Authority's somatiunii dela books funduare.
The auction publicaţiunea must point out and that the building does not bid under a quota auction price indicated in art. 26 and as, the purchaser is obliged to fill in the vadiul; 25. The note. 1. Art. 25 of the Act XII: 1908 is set out in art. 170, and art. 26 of the same law in article 14. 171.2. Art. 147 was modified by art. 3 of law No. 306, of 5 August 1938 as follows: Art. 3.-Auction will you separately for each of the goods, and where are the land books on each of the bodies of land.
Warranty what competitors will have to submit to real estate sales, according to the laws in force, will be in cash. Privileged mortgage or lenders on the property sought, as well as its joint owners, are dispensaţi.
The sum of the beginning strigările dela, will be fixed according to the dispoziţiunilor art. 1, reduced by 25%; It will be shown in the publicaţiunea.
Article 148 Paragraph intaiu to art. 148 is amended by art. 48 of Act LIV: 1912 as follows: Art. 48. the first Paragraph of article-. 148 of the Act is replaced by the 1881 LX: with the following dispoziţiuni: in the absence of an assessment by experts in accordance with art. 22 of Act XII: 1908, the outcry should be determined after evaluation of the property price, turned out with official certificate of release and evaluation.
Paragraph two of article follows. 148: in order to be able to set the price of an estate auction of tax exempt urmaritorul must accompany the request for tender (art. 144), where the building is located on the premises of the authority of funduare books, paper evaluation issued by any of the employees of the pretuitorii establish authority, and if it is located elsewhere, the book evaluation issued by two members of the respective town halls. In this case, the auction price will be the price of the evaluation (articles 159 and 160).
Dispoziţiunile art. 148 are filled in and through art. 22 of Act XII: 1908, as follows:
Art. 22. Dispoziţiunile-art. 148 of the LX is completed by 1881: following dispoziţiuni: Urmaritorul and in addition to the case art. 159 of the LX may 1881: wax, before issuing the tender publicatiunei, ca real estate price assessment to establish, at its expense, about regular assessment by two experts who will appoint ex officio. In this case, publicaţiunea can deliver auction only after finished rating and price of auction price assessment serves.
The note. This article was modified by art. 3, paragraph 3, of law No. 306, of 5 August 1938: Art. 3. paragraphs 1 and 3: beginning strigările dela Amount will be fixed according to the dispoziţiunilor art. 1, reduced by 25%; It will be shown in the publicaţiunea.
Article 149 On sale price, which shall be established in accordance with article 4. 148, it bids the suddenly inseparable from the buildings and accessories real estate than ruining the substance or significant impairment.
Among the very top cat auction include an stipulaţiune to the contrary, real estate is suddenly bid and harvest neculeasa to him urmaritului. Price evaluation, if any of you interested in proving with certificate issued by a judicial or pretuitor by two members of the Town Council (art. 148), presented before the tender for eight days, will add of portărel at price of auction with auction opportunity.
By doing this do not touch dispoziţiunile from publicaţiunea vadiul tender regarding what must be filed.
Article 150 Suddenly with issue publicaţiunii tender funduare books authority lays down rigid conditions of auction-taking into account of the real estate to be auctioned, for its price and the project presented by the pursuer,-so that on the one hand indestularea urmaritorului to be made without delay without leave, and on the other hand not to vatame any urmaritului and interests of mortgage lenders nor to competition between the ingreuneze what they want to buy.
The very top of the auction will comprise in particular: stipulaţiuni clear in what rate, at what time and where you have to pay the purchase price, and the buyer must fulfill in order to be able to take possession of the property auction and in order to make the transcription in the book funduara.
In the very top of the auction should be include as, the purchaser is obliged to pay the purchase price after a 6% interest rate, reckoned from the day of the auction, and tax charges in connection with the purchase. These bonds are the purchaser's task and then, if the auction does not generally make the remembrance of them.
Into how the very top of the auction is not expressly shown, includes vadiul in cash or in good effects for the security at the rate indicated in article 1. 42. Note. 1. Under art. 1 of law No. 124 to determine interest and usury from 5 May 1938, legal interest rate of 1% in Civil Affairs and 2% in commercial business over discounting Banca Naţională a României.
2. Under art. 3, para. 2, of the law of 5 August 306, guarantee that competitors must submit to a retail real estate, it is in cash. Am dispensaţi warranty: privileged creditors or mortgage over the property sought, as well as joint owners thereof.
Article 151 For one tender is fixed for the term of the auction, if the price of a sale cannot exceed 40,000 lei (2000 floreni Hungarian text), for at least sasezeci and not more than 90 days, counted from the day following the display publicaţiunii, and if the price of the sale 40,000 lei passes for at least ninety days and no more than unasutadouazeci, counted on the same day , provided that the property is sold, in this period and under the price of auction.
The note. See paragraph 3 of art. 3, art. 4 and 5 of law No. 306 of 5 August 1938.
Article 152 * Publicaţiunea auction is bringing to the attention of the authority, through the display of books and funduare her way through the legal notice in the commune concerned and the neighbouring communes.
City Hall, in whose territory the property is situated to be auctioned, i shall send a copy of the publicaţiunea tender for display, and a copy of the auction, ready to take knowledge of them (art. 147).
If the auction price passes 6000 lei (in 300 text: floreni), an extract from publicaţiune with a), b), c), (d)) and e). 147, insert once in a local newspaper, the lack of it in the Gazette appearing in place of closest-and if the price of the sale 40,000 lei passes (in text: 2,000 florins), you will insert three times in the Official Gazette.
In the capital of the country publicatiunei statement of criteria is tender in the Official Gazette, but only once, and even then, if the price of the auction is over 6000, in the text: 300 florins, but cannot exceed 40,000 lei (text: 2000 florins).
In addition, each concerned (art. 153) can wax to insert publicaţiunea auction, at its expense, without consideration for the sale price, and in another newspaper or several times. To this end, the authority is obliged to books funduare release party shall submit a copy of the tender publicatiunei. Late or incorrect insertion of such publicaţiuni has nothing to leaven the auction effect.
On the copy of publicaţiune, showing the books funduare, head of the dispatch is obliged to write down the day and sign display. This copy of publicatiunei rises after the expiry of the tender and after the day on which the rate was high, must be attached to the file.
The note. 1. Art. 152 amended by art. 2 of law No. 306 of 5 August 1938 as follows: Art. 2. The creditor is obliged-publish a newspaper spread in the country and one at the place where the auction, an extract of afiptului or publication contains the description of the asset sale, the name of the debtor, the Court referred to sale, town where you will hold the auction, if the sale will be done by tender spot, date and time of the sale and the Court tracking folder.
This publication, the only mandatory, five days before the day fixed for the auction.
2. In respect of real estate located in military areas, see art. 1 of law No. 279, on the modification of dispoziţiuni of the law for the creation of zones and military measures necessary for defence, of 2 April 1942.
Article 153 Publicaţiunea tender, which is also considering ordering incheere from the auction, shall be served together with the very top of the auction: a) Urmaritorului;
c) all those in favor of which is tabulated, according to the book funduare, mortgage, or is subipoteca right over tabulated any right of mortgage is tabulated, or tabulated or prenotat, the real estate to be auctioned, another right, book funduara, or whose request with such an object is denoted by residential or note that indefinite rejected înţelegandu here and any co-owners or other urmaritului you interested in according to the book of funduare;
d) Financial Administration (text: Inspector of release).
If you are in favor of a revenue debt is intabulata which does not derive from any fees or taxes, but otherwise, publicaţiunea shall be communicated to the service of the State of litigation (in text: directiunei judicial affairs).
Publicaţiunea tender interesatilor shall be communicated to show the points b and c)) with the omission of quote by publicaţiune, after handing over the rules of the Court incheerilor started.
If, within 30 days, counted from the rock publicatiunei arrives, showing proof of handing over reglementara about auction publicaţiunii communication with interesatii dela b) and (c)), the funduare books for interesatilor neincunostiintati representation called the curator. Suddenly, with the appointment of the Trustees will be handed in, at least 15 days before the expiry of the tender, tender and publicaţiunea together with the very top of the auction.
For interested in whose domicile is unknown, you can call the curator and Rumania before trying.
Curator named represents throughout the procedure of execution on a data subject, on account of which he was appointed, until it doesn't care.
Into how there verosimila a collision of interests, the same trustees can call and order more interested, but pursued will be called always separate, if not curator was appointed under article already. 139, namely, whether representative or from the process is known and resides at the seat of the Court, in the person of it.
Interesatii is incunostiinteaza about the appointment of the trustee by registered mail, addressed to their residence and if it was not ' would know, the Township in which the property to be auctioned.
Article 154 after expire 30 days counted from the rock publicatiunei, display card funduare authority, with the eventual appointment of Trustees, required under the preceding article, shall entrust with carrying out the auction a delegate, who teach on the basis of need.
For conducting auctions books authority dela funduare (art. 147), delegate of the rule, a judge or a notary public, and for keeping the spot auction it has delegated, as a rule, a portărel, shall be addressed to the rogatory in order to delegate portărel, that judges of the detour in which constituency following an auction.
Article 155 Stipulates, for cat form one body by law, have to be auctioned at a time.
But if any body of Fortune funduara consist of several parcels entered under different numbers, urmaritorul is entitled to submit an application through the petition tendering, as singuraticele plots to be bid separately. Upon such a request card funduare authority decides after listening to all the interesatii from funduara resident. Against data not incheerii call (exercise).
Urmaritorul is required to provide in this case the data referred to in article 1. 144 in such a way, that, to be able to fix the price of auction of various plots separately.
More bodies of Fortune book funduara, even if the ' tender at the same time, as a rule, may not be bid at a time. However, at the request of urmaritorului the petition tendering and after hearing from the book interesatilor funduara resident card known funduare, the authority may require to be bidding on the same subject with the buildings suddenly inscriptiuni book funduara, if you are covered by the same book funduara, or where the nature is situated beside one another.
The note. See note under art. 147. Article 156, 157 and 158. -amended by art. 24 of the Act XII: 1908 as follows: Art. 24.-instead of art. 156-157 of law 1881: LX: If, between several co-owners of an immovable, the execution is done only for duty for one or more of them, but not for everyone's duty, as a rule, the auction ordering only the portiunei of the person sought or track.
However, if within 15 days, counted from the presence of tender publicatiunei display, all other co-owners in the sky, by petition, and also advances the amount required — that falls into their task-for expenditure nouei publicaţiuni funduare books, the authority ordered the auction over the entire building and setting a new deadline for the auction, deliver a new publicaţiune. This request cannot be canceled.
Each of the joint owners who called the auction can compete for real estate. For this purpose, you must submit only the proportionate share from vadiu in relation to the offices of the other co-owners.
If you have purchased the building one or more co-owners, the buyer is not bound to pay the purchase price share bouncing over his portion of the property. The distribution of the purchase price receivable and termination of tasks will be done in this case in such a way, as if he were ' would be removed in the auction only portions of the other co-owners.
Article 159 * Accessories real estate to be auctioned, as a rule, there is no conscriu on the spot. Urmaritorul has the right to submit the request for tender and a conscriere and accessories, made by a court employee pretuitor stable, the two members of the Town Council, in which case the assessment price of accessories will add to the price of the auction.
And if on the basis of the tender side by side would demand arises, the auction of real estate to be auctioned, which shall be established in accordance with article 4. 148, is at least 100,000 Lei (in text 5000 florins) and then if urmaritorul turns out with a certificate issued by a pretuitor employee in stable or by two members of the municipal town hall, or authentically, as otherwise the property to be auctioned is built a factory, or a steam mill, or other previous building having the determination of significance of price may wax, before ordering the auction, to be made through portărel, a conscriere point accessories spot and settle both the price of their assessment, and the evaluation of the price of real estate, appraisal, by two experts who will appoint ex officio. In this case, the auction ordering after completion of works on the spot and that the price of the auction price of the evaluation served.
The note. See note under art. 135. Article 160 And in addition to the cases of the preceding article, until he submitted a request for tender, people watching is entitled to require the authority of funduare-books into how advances expenses fall into his task-to make conscrierea and evaluation of real estate through accessories two experts appointed ex officio.
If you make such a conscriere and evaluation of accessories, the minutes, which will join the scripts and adaptations and publicaţiunea tender is issued after completion of the works, and that the auction price will be the price.
Article 161 If over property to be auctioned is noted in the book funduara a claim of ownership, yet the nerezolvita law, claims urmaritorului was tabulated in the funduara after it has been recorded as claiming ownership, the auction cannot be ordered until rezolvirea with the value of the claim.
If, in respect of the claim, the trial marked is not yet under way, at the request of urmaritorului, revendicantul must be guided to forward the process in a fixed term; having urmaritorul the right to intervene in the process under way or in that which is going forward.
And if the claims in the book inscription urmaritorului has funduara before noting the claim, the auction will be ordered and carried out without consideration for the claim, but that portion of the purchase price, which remains after indestularea with inscription positions in advance of the claim, you must outfit notation in judicial deposit until rezolvirea with the value of the claim.
These rules will be applied, and then, if, upon the real estate to be auctioned, is any process of ownership.
Article 162 If a building is noted in the book funduara, with priority over the claims of urmaritorului, a right of redemption, the auction shall be ordered Godwin provided to remain untouchable right of redemption of Zachariah.
However, if your debt is urmaritorului intabulata notatiunea with priority over the right of redemption of Zachariah, the auction shall be ordered without consideration to the right of redemption of Zachariah, and the rest of the purchase price, which remains after indestula positions of the pre-war loads notatiunea right of redemption of Zachariah, chronicled in court must deposit until it decides on the right of redemption by Zachariah through judicial sentence or through transactiune.
Article 163 If over property to be auctioned is documented in the book funduara a right of servitude, ordering auction provided that the right of servitude to remain untouched.
However, if the property is a intabulata over debt before tabulation of servitude, with ordering the auction should be established and the amount that is sufficient to indestularea the previous mortgage debt total servitude, and in the very top of the auction it will look like, and how that building was sold with right of servitude for a price which does not reach the amount determined required for the purpose of indestulari the previous tasks positions from the book funduara inscripţiei servitude, the auction becomes without effect, and the property is sold at the deadline again, without maintaining the right of servitude.
Article 164 if the object of the auction is a vineyard, at the request of urmaritorului, or urmaritului, or any interested jurisdiction court tabular, for carrying out the execution may have been ordered to give via the administration of a curator of seizure appointed ex officio.
Administration through the curator of other immovable property seizure can be ordered only if the petitioner to justify that, without this property is exposed to auction until the danger of depreciation.
With respect to article 165 of the call (recurgerei), which will go forward against publicatiunei tender issued by authority of funduare books, which is considering also as incheere for ordering an auction, as well as in terms of its effect on suspension are to apply the General rules (article 37).
In this call you can (use) requires and repair damage caused by dispoziţiunile funduare books Authority relating to the ordering of the tender, with the concomitant run-up to issue publicaţiunii.
In addition to this, those concerned (art. 153) have the right to make opposition addressed the authority of funduare books, which must be submitted within 8 days counted dela publicatiunei is handed over, for changing the condiţiunilor tender laid down, as well as deficiencies in the form of authority committed by dispoziţiunile funduare books relating to the ordering of the auction. Over the opposition of funduare books authority decides in 8 days-in case of need after listening to others interested in-and cat find opposition in consequence has to be justified and if necessary issue a new tender publicaţiune.
Request for modification of the condiţiunilor tender, submitted after the term of 8 days, it can only consider then, if she adheres to all interesatii (art. 153) through authenticated signature or declaration taken from the minutes of the funduare card.
If forwarded and appeals (recourse) and opposition, shall be submitted to the Court on the basis of the second appeal, but after rezolvirea only in that case, if the damage claimed has not been resolved as a result of the opposition.
Article 166 If, at the moment when ordering preparation of mortgage law executionala, is developing a procedure for the forced execution against the same watched the same building, in order to collect the debt of another Chaser, funduare, card authority will declare, by incheerea of intabulării order of the execution of the mortgage, on the posterior urmaritorul joined as urmaritorul above, and about ordering incunostiinteaza membership on the pursuer , previously pursued and on urmaritorul.
If she ordered the membership, as there was no ' issued yet tender publicaţiune in favor of urmaritorului above, at the request of any pursuer will issue a collective tender publicaţiune in order of receipt of claims previously urmaritorului and posteriorly, with the brightness of both trackbacks, unless one or the other to announce filing pursuer divestment dela.
And if publicaţiunea tender has already been issued in favour of urmaritorului previously, the authority of funduare books, suddenly ordering accession issue additional publicaţiune through which orders to you and in favor of posterior urmaritorului in favor of urmaritorului auction ordered previously. This is only publicaţiune additional urmaritorului communicate and display in the books funduare. However, at its expense, each interested party has the right to insert additional publicaţiunea in the Gazette in the manner described in article 11. 152. In the 15 days in advance of the auction no longer can issue additional publicaţiune at auction and if this building was sold, at the request of posterior urmaritorului will be issued a new tender in accordance with article publicaţiune. 147 and seq. Except in this case, joining has the effect that if the auction law ordered in favor of not urmaritorului you for any reason, the auction in favor of posterior urmaritorului joined.
Article 168 third person, which, through the implementation of what he did upon any building, feels damaged the rights in rem which it has upon the property or any part of it, apart from the specific cases covered by art. 156, 161, 162 and 163, may submit, with the authority of funduare books, action against urmaritorului, suspended in whole or in part of the execution of real estate.
* This action is judged rules protocol works and it unhappy by the verdict. Against the decision of the second court, which approved the first sentence ' courts, does not take place.
If the applicant or right justify the merits, through action or at desbatere, in a way worthy to be believed, the authority may suspend the card funduare the auction until resolution of the jurevalida of the action either unconditionally, be subject to the lodging of a security (art. 42).
The note. 1. See note under art. 140. Article 169 on the day of the auction, portărelul, presenting himself on the spot, if the auction shall be ex officio, an outfit you from Office, and otherwise only if the urmaritorul or people watching or if any of them announce, through the written petition or by statement date on record, that will not be represented at the auction, but the sky yet keeping them. People watching may not take part in the auction as a competitor, unless the debtor is not required by the urmaritorului, but is forced to suffer real estate bidding only for the reason that he's the owner of the book funduara.
Article 170 before the start of the auction, portărelul counts the amount of indestulare and accessories, which, if they are not paid to follow, proceed further: read the very top of the auction and invite those who wish to bid, to submit to his hand vadiul or teach them proof reglementara about advance vadiului recorded in judicial deposit (receipt is submitted today to the House of DEP. and Instruction) and ready to sign the tender.
After this, start with the auction price of the auction and how long to make deals. If nobody's choice to offer more, portărelul set a fixed time for the closing of the auction, which may not be shorter than 5 minutes longer than 15 minutes, but may be extended, at the request of any of the contestants, along with another 15 minutes.
If you are making a new offer, the auction should be continued and when the offers cease, snaps a new fix, as above.
Until the expiration of the time fixed, everyone would want to bid, you can and in the meantime to submit vadiul and can make deals.
After the expiration of the time fixed in the meantime, if you haven't ' made no higher offer, the building is declared on the part of whoever bought that offered more and through this auction is declared complete.
Art. 170 is complemented by art. 25 of the Act XII: 1908 as follows: Art. 25.-Art. 170 of the LX: 1881 is completed by the following: dispoziţiuni, which provided for building a higher price than the price of the auction, if nobody's choice to provide more complete, it is obliged to immediately vadiul in relation to the amount offered, the cat was so many percentage points and the percentage vadiului in relation to the price of the auction. If it does not comply with this obligation, the offer did not take into consideration and can no longer take part in the auction, which should be continued without delay.
If the auction doesn't make anyone any offer, but before the bid and someone else building it bought from its side declare, concerned, if there were several competitors, who offer more. If this offer pass price auction, dispoziţiunile the preceding paragraph must be applied.
Competitor, exempt pursuant to article 13. 21 to file vadiul, it is not required to submit any amount for completing the vadiului.
Article 171 * If there is no outcry, portărelul price is bound to diminish gradually until the auction price to make deals.
If the offer is made in respect of the procedure for further dispoziţiunile are to comply with article 4. 170. The property shall declare the person who bought the part offered more, even if the price offered by the auction and took part only him alone at auction.
Urmaritorul, if it is present or if it is represented at the auction may wax suspended, even in the course of the gradual decrease in the price of the auction, but only as long as any of the competitors did not offer. In the case of auctions ordered in favor of multiple trackbacks, but his pursuers together can use this right.
This right of suspension may not exercise when people watching requires keeping the auction.
Art. 171 is complemented by art. 26 of the Act XII: 1908 as follows: Art. 26.-Art. 171 of the LX is completed by 1881: following dispoziţiuni: Buildings subject to tax on the buildings may not be sold in less than half the price of the auction set by auction publicaţiunea, and other buildings under two-thirds of the price of the auction. If, in the course of the gradual decrease in the price of the auction, no offer is made or the minimal price, portărelul suspend the auction. In terms of further works followed in accordance with art. 176 and 177 of the LX: 1881, with the proper application of art. 21, 22 and 23 above. ^ 2) _ _ _ _ _ _ _ _ _ _ _ _ ^ 2) see art. 21 22 and 23 in the art. 147, 148 and 158 of this Act.
The note. Art. 171 is modified by art. 3, 4, 5 and 6 of law No. 306 of 5 August 1938: Art. 3, para. 5-the beginning strigările dela, will be fixed according to the dispoziţiunilor art. 1, reduced by 25%; It will be shown in the publicaţiunea.
Art. 4.-If the first term fixed for the auction has not been ' offered a higher price than that fixed by the preceding article, the auction will postpone the term nouei auctions cannot be shorter than 28 days and not more than 40 days off dela nouei publicaţiuni date.
The new term will fix starting price strigările dela will be fixed by art. 3, reduced by 10%, and if it will offer reduced price or more, the Tribunal will decide the award according to the laws in force.
Art. 5.-When will not be achieved in the second term of the sale price provided for in art. 4, it will postpone selling under the same conditions, to the new term being awarded the maximum price that is going to get.
Art. 6.-The laws in force that permitted the award of the object pursued over the creditor, when there was offered a higher price than that established under art. 4 above, the award will not be able to do it than on the price the amount of which shall be fixed by that article.
Article 172 where, at the same period, is to be auctioned separately more fittings wealth funduara or more plots of the same body of Fortune funduara, people watching is entitled to determine the order in which to dig out the auction listings.
If anyone desires to not wear out people watching this right, urmaritorul can order to designa is out to tender is made; otherwise, it will follow the order shown in the auction and publicaţiunea in the book funduara.
If, between several bodies of wealth or of several plots of the same body of fortune, was sold in auction for such a price, taking into account, as the situation of the book and also taking into account funduara and verosimila amount of privileged claims, of the purchase price of property sold, unconditional debt cover together with urmaritorului accessories further, the auction should be suspended.
Article 173 About tender dreseaza report, which must include the following: a) Showing the object, place and time of the auction, with reference to the incheerea of delegation and the tender publicaţiunea what ' issued;
b portărelului and Name) the parties or their representatives may be present;
c) Calculation of the claim and the circumstance that, appearing ready to tender were read;
d) the name and residence of those who wish to bid;
e Insemnarea tenders) exact gradually; in such a way, that, after the name of each provider, showing amounts quoted in tenders made by him;
f) in the case of art. 171, scaderei gradually appearing of the purchase price;
g) Offer the greatest written in figures and words, and showing that, as a result of larger deals, how during the fix was not ' made a higher bid, the auction object are declared bought from the EC offered more;
h) Noting that, remember vadiul the biggest bidder and that she returned to vadiul the other competitors.
Competitors who do not want to participate in the auction, further confirming welcoming vadiului or permits submission, may sign the minutes of the auction during the auction at any time.
Article 174 if Buyer bid from entrusting someone or in cahoots with someone, is obliged to designate at the end of the auction on mandantele or on the allegations or the property and sign the minutes showing and this quality.
If you make such a statement, and then, if, though she made no statement shall be submitted immediately to the Special Attorney, mandantele or companion property and legalized rule, whether or not he filed court within eight days from the rock is considered the only auction, the buyer, who has made the highest offer.
At the request and expense of the purchaser, the portărelul is obliged to appoint a curator for the provisional seizure, whose mission is to ensure the preservation of the property and accessories untouched, until surrendering or sequestration of property.
Article 175 after an invitation to tender, it is obliged to submit to the portărelul authority of funduare books, without postponing, all on the basis of, the tender and deposited the amount or effects as vadiu.
If, for any reason, cannot go forward basis without procrastination, the amount or effects submitted as vadiu, shall be submitted with the report separately, at auctions held in the village, immediately after the end of the auction and at other auctions, arrives home after portărelul.
Auction costs counted, establishes the authority of funduare books, after the arrival of the report.
Article 176 * If the auction has been to no avail, portărelul, along with scriptelor, to make the submission within three days of the Authority's report card funduare. Within the space of six months, counted from the day the auction was to no avail, the books at the request of funduare urmaritorului or urmaritului a new term auction, on the thirty days, which bring to the attention of the public in the manner described in article 11. 152, except that publicaţiunii statement is inserted only once in the official newspaper even then, when the auction price of 40,000 lei pass (in the text: 2000 florins). Publicaţiunea shall be communicated to the person concerned, in accordance with art. 153, against handing over evidence and where evidence of offering arrives within 15 days, counted from the presence of the display is called publicatiunei, curator.
Call (reliance) and the opposition submitted against this noui publicaţiuni auction does not have suspensive effect upon the propriety of the auction.
If you have not filed the application for ' fixing of a new date for tender within six months, counted from the day of the auction remaining without result, the cancellation of the tender will be notatiunei ordered ex officio.
These rules also apply when a fixed auction has been delayed by common agreement of the parties.
The note. See art. 2, 3, 4 and 5 of law No. 306 of 5 August 1938 (reproduced in note under art. 152 and 171).
Article 177 after six months, counted from the presence of the remaining term of the auction without result, or deferred, ordering nouei auctions must be required from authority under article funduare books. 144. In this case, it will proceed in terms of ordonarii and fixing the deadline for the tender tender according to the rules of art. 145 and seq., and in terms of publication deadline for the tender and încunoştiinţării dispoziţiunilor interesatilor, according to art. 152 and 153.
The note. See note dela art. 176. Article 178 For irregularities in the tender form when performing, committed urmaritorul mortgage lenders, people watching, and co-owners, if as were ' bid and their portion, within eight days, counted from the way the auction is completed, the opposition will submit directly to the authority of funduare books; the rezolvirea which shall apply accordingly in respect of dispoziţiunile. 165. In respect of the call (recurgerei), which was against the incheerii data on the public finances, the General rules apply, however, if the Authority cancels auction of funduare books in the wake of the opposition, against the incheeri, may appeal (recourse) and buyer in the auction.
Article 179 to annul the tender, carried out on some buildings, occurs only in the following cases: a) if ' the publicaţiunea auction place, or not in time trebuincios, or ' the regular, interesatilor, respective curators and, in cases where articles 81 and 82. 185 and 187, previous purchaser (art. 176, 153 and further art. 185 and 186);
b) where publicaţiunea first tender was not displayed in the funduare cards with at least 60 days before the auction, and publicaţiunile next auction with at least 15 days and how much is needed and an insert in newspapers, if publicaţiunea the first auctions ' has been inserted, in accordance with art. 152, 15 days before the auction, and publicaţiunile next auction, according to art. 176, 8 days before the auction;
c) If she kept the auction, although during the construction works was submitted on the basis of art. 140 and 165 within bound call (exercise) or opposition with suspensive effect upon the propriety of the auction;
d) where the auction was not dress in place or while in publicaţiunea displayed, presented or inserted, or if the property was auctioned in publicaţiune;
e) If someone has been admitted to bid without any vadiul, or if, without lawful reason, was expelled from the presence of a competitor's auction, which was offered to submit vadiul;
f) unless they complied with dispoziţiunile art. 170 and 171 concerning the gradual establishment offers at the time and at the end of the auction;
g) where, pursuant to article 5. 171, 172 and 185, the auction would have been suspended and yet was kept.
On the grounds that the tender publicaţiunea was not handed over to regular or was not handed over, the auction can be cancelled only when submitted to the opposition on this ground by the data subject, which, due to the neregularitatii of handing over, there was încunoştiinţat.
On the grounds that it was not called the curator, or on the grounds that the tender publicaţiunea was not handed over its regular or annul the tender place, only then, if the opposition makes a data subject neincunostiintat tender separately (art. 153).
Article 180 If within 8 days, counted from the day of the auction, there shall be submitted only if the notice of opposition, the very top of the auction not expressly provided, shall be issued to the purchaser of the purchase certificate, according to which, the buyer may take possession of the property bought and how much it would have prevented it from urmaritului side or by someone else, maybe to wax, to take possession of the property , using the communal authority or administrative.
If the buyer asks, putting in possession is made by portărel and in case of need, intrebuintand force.
If the notice of opposition shall be submitted within 8 days, counted from the day of the auction, at the request and expense of the purchaser, shall be taken under the buildings sold even without sequestration justify any danger.
Article 181 If the property auctioned is given in rent or lease, renters or leaseholders are obliged-out only if it was stipulated to the contrary in the rigid conditions of tender-to cede the right of use of the purchaser and leaseholders, after the manner of the contract, the economic year JF was held the auction, and the tenants, in accordance with local rules and in their absence, after a notice period of three months. The price of the car, due the day of the auction, it needs. Rights, they would have the tenant or lessor, possibly arendaşul against the purchase price remain untouched.
Tenant or arendaşul, if you were savvy about the auction purchaser can no longer pay the lease price urmaritului which becomes due on the day of the auction and raising the value of the right, but are obliged to deposit it at the Court-House (today the home of DEP. and Instruction).
Article 182 If she raised the value of the auction law and buyer has met the rigid conditions of the tender, in particular, has paid the purchase price, the funduare card orders ex officio to intabuleze name or ownership of real estate.
Suddenly, with the right preparation, it will radiate from the Office all positions or tasks notatiunile reserve and tabulated, with the exception of those which are still being under article eventually. 162 and 163, or ' would take over under art. 183. Article 183 of the buyer is free with lenders is invoi, to leave their claims-into how much it would receive indestulare of the purchase price — and further that the burden on the property. Such claims shall be treated as if he was would be shed and ordonantat creditors.
Article 184 the property taxes due on the day of the auction, and transcription fees, buyer shall bear.
Due the day of the auction rates, from Paris (1947), urbariale from ransom and the like, as well as regular debt for water on the property, the purchaser's task fall without being counted in the purchase price.
For the other tasks of the previous owner-only if the auction does not generally contain otherwise-buyer does not respond.
If the purchaser has not fulfilled within a fixed rigid conditions of auction, in addition to the loss of vadiului, which will be added to the purchase price which will collect at a new auction and distribue, suddenly at the request of any interested authority books ordered a new auction funduare.
In this case, the new term of the tender shall be fixed by the authority of funduare books on 30 days according to the rules of art. 176. Publicaţiunea auction what is issued in this case must be communicated within those show in the art. 153 and previous buyer IE the latter after the rules for forwarding documents, but the Court started with the omission of the summons through publicaţiune, with at least eight days before the auction.
Buyer previously may not take part in the auction as a new buyer.
If, before the time nouei auctions, buyer shall pay, in addition to all costs that caused with the ordering nouei auctions, meets in full the very top of the auction in a time when portărelul can be endorsed before the auction, the keeping of books funduare is obliged to suspend the auction, and if this payment is made prior to the commencement of the auction at portărel, it is obliged to suspend the auction.
The note. See note under art. 152. Article 186 If the new property auction s ' would sell for a higher price than the previous purchase price, the difference in addition is not appropriate.
Otherwise, if the property was sold for a lower price, the buyer is obliged to pay the difference what arises between the purchase price and the new Valdez, but this difference is reckoned to them and vadiul.
Until the competition gap to be pay at the request of any interested, even without warrant any danger, the authority is obliged to funduare cards require insurance against the buyer's execution and after listening to a formal on desbatere interested in buyer's previous, fixes the amount the buyer previously will be forced to pay within 15 days under penalty of execution.
On the basis of incheerii image is given in this respect to the enforced execution occurs, but over it, call (recourse) shall have suspensory effect.
Article 187 was amended by art. 27 of Law XII: 1908 as follows: If, within 15 days after the auction, someone-besides deposit of vadiului is established, or in the case of art. 25 to vadiului completed-make an offer, which tops the buyer's offer by at least one-tenth as well as expenditure advances nouei auctions in relation to previous expenditure set out for the auction (is reached), the funduare declare previous auction books without effect and ordered a new auction, at which they are to apply, in respect of issue and Rumania auction rules publicaţiunii. 176 and 185 of the LX: 1881 and art. 21, 22 and 23 above.
Is reached can not be canceled.
Paragraph penultim article. 21 should be applied in the event of duly is reached.
The new auction rules are General, except that: 1. it is mandatory and is reached where the successful tenderer fails to appear at auction;
2. If the auction was not made an offer higher than property is reached, the claim bought by supraofertant;
3. expenditure nouei auctions is obliged to pay them over to the buyer, the purchase price.
All these deviations must be shown in the publicaţiunea auction.
Oversupply of many consider the greatest.
Is reached is mandatory and then, if the auction following her outfit has been annulled, ordonandu a new tender.
After she kept in accordance with this article the new tender raised to value the rule of law, can not make another one is reached.
The note. Regarding art. 21, 22 and 23 in the table of contents of this article, see note under art. 171, 2.
Article 188 after he raised the auction value of law and the authority of funduare fixed term for books desbaterea of seriere ex officio and CITES for those interested it according to the book funduare, concerned on behalf of the trustee appointed in the course of their execution and financial administration, the latter with the invitation, to submit before the deadline for desbatere of seriere , a painting about taxes to the State and the commune, which burden the property directly and which became overdue until the day of the auction, specifying in him due and day accessories, and a note about taxes on the property, specifying the day was declared a legal document of transfer, finally justifying the existence of paintings from taxes or duties debts, tabulated with the right mortgage with more than that, if you would omit their submission and if neither was presenting la desbaterea de seriere, taxes and fees are eliminated with the opportunity of distribution price.
Among the cat during the construction works has not been ' would be named curator for representing mortgage lenders with unknown domicile, should be allowed to appoint trustees, giving it and its incheerea.
If it appears from the book funduara or if the authority has knowledge as funduare books, is encumbered with (1947), urbariala or other such repurchase repurchase, or due to regular water, must be summoned at desbaterea for price and the owner, or representative entitled composesoratului, representative of the respective company for regular water.
For absent or unknown creditors is not necessary to issue publicaţiuni.
The buyer if you don't shed the full price, you also need încunoştiinţat about desbaterea of seriere.
Article 189 of the purchase price shall be paid before the following lenders privileged positions, in the following order: (a) the expenses incurred by the pursuer) in cases where the art. 166 and 167 chasers for publishing and performing real estate auction, set by the Court, any further expenditure of stamp of desbaterei seriere, seriere desbaterea of fees due to be appointed as trustee on unknown creditors and in the case of art. 164 and 212, trustee fees and expenses of seizure;
b) (This paragraph was replaced by art. 317 and 318 of the Act Nr. 269, for fiscal procedure code from 1 April 1942; see text at desvoltarile our dela p. 171 and 172);
(c)), which Rates in accordance with the laws in force, curtailing property directly from Paris (1947), of the amounts of ransom urbariale or other such debts for regular water that have become due before the day of the auction, outstanding for not more than three years Valdez.
If claims dela c) could not been ' paid in full of the purchase price will be paid in the first instance, claims for regular water, and other claims will suffer a proportional reduction.
The note. See chapter V, section V regarding privilege scheme.
Article 190 After privileged claims, indestularea will be indestula from the purchase price claims by lenders, in the rank of serial funduara.
Claims entered upon several bodies of Fortune funduara contained in funduare of the same books of authorities funduare, bid books at once, it will proceed in the order of indestulare with the observation that, how the distribution of s ' would make the price suddenly claims, which total indestulare can be made and besides a proportional distribution, will be indestula from the purchase price. This rule also applies to claims on the mortgage, segments of several co-owners of an estate.
And, if the claims provided by mortgage repayments at the same time and on the other real estate auction, nescos or nelicitate and on a portion of a building of another landlord, of the purchase price will be indestula the creditor, after his will, in whole or in part.
Mortgage lenders have the right to redeem an ex post, with payment in cash before distributing price, claims mortgage lenders.
If several mortgage lenders are trying to use this law, priority is given to the creditors in the order of inscription from the book funduara. However, the mortgage lender with the inscription may rear capitalize right of redemption and mortgage lender earlier, if he redeems its bonds and pay in cash.
The mortgage lender, which has redeemed any bonds enters in respect of the creditor's bonds redeemed.
The note. See also art. 17 of law No. 33 concerning the liquidation of debts of agricultural and urban areas, from April 7, 1934, for when, in the aftermath of the final award of any good would come with discounted claims lenders in competition with other creditors by not calling into the provisions of that law, and the price of award ' would be enough to cover all the claims.
Article 191 if you over bid is real estate in favor of tabulated anyones right to usufruct, the respective purchase price, the rest of this price, which remained after the previous indestularea mortgage lenders, will be made in the judicial deposit or it will seize in accordance with art. 202, and interest income should be relieved there have been.
In the case of any other encumbrances, if the property was auctioned in accordance with art. 163 without maintaining servituţilor, will consider the settlement in the amount claimed by the creditor: amount payable as an equivalent of servitude, and in case of lease or rental tabulated amount of damages claimed by the leaseholder or tenant if the cessation of the tenancy. The same rule applies in the case of stipulaţiuni entered, in terms of an equivalent in money.
Undetermined amount claims, for whom she tabulated or was prenotat according to the regulation of a maximum amount funduare books, will move to the settlement with the maximum amount secured by the claims, and the inclusion of a guarantee, will be passed on in scores, with the security that has been ' enrolled.
Among the cat over the property auctioned are listed also claims through incheerea ordonand desbaterea of seriere, will be the lender warned that, as there was no presence at desbatere ' and would not make the calculation of the claim, it shall be omitted from the order of seriere. Incheerea shall be communicated to the creditor's own hand, without citation, and if by hand delivery of the publicaţiune cannot be carried out, it will appoint a curator.
Article 192 shall indestula the rank of capital due serial mortgage lenders, also in the rank of capital privileged positions serial, seriate as per letter b). 189: a) the interest outstanding for not more than three years, Valdez counted retroactively from the day of the auction;
b) Interest flowing on and after the day of the auction.
* If you look the inscription from the book funduara, it cannot be a higher interest rate series of six percent.
Expenses the expenses, trial and propagation among the privileged positions, cropped up with the representation and distribution of the desbaterea price, can the series in the same order of priority as only when capital up to the amount that competition serves as collateral to cover expenses, was also inscribed the right mortgage, but in this case only, if these expenses do not pass over the amount recorded. Otherwise, the expenses will be indestula in their rank and serial intabulării if such a tabulation does not exist, having been indestulate all mortgage claims, possibly with a proportional reduction, from the rest of the purchase price.
For the mortgage lender, who, though summoned, fails to appear at desbaterea for price, distribution is the only consideration of capital from inscriptiune.
Mortgage interest claims by producing, nescadente still the day of distribution price will be indestula by an amount, at which, adding to a 6 percent interest, would correspond to the maturity or tabulated capital prenotat.
* Loans and tabulated, deriving from the loan, paid off the capital, interest and possibly other accessories, in equal installments, in ' a certain number of years, which include depreciation of capital, interest and possibly other accessories, which is this nature and the preparation of the book funduara, may excepţiona serierea interest and eventual other accessories from bond, in order of priority of the capital so, only that amount among the alleged by way of capital and accessories would be greater than the capital and percentages shown tabulated in this tabulation, and if the percentage were not ' would look like if it were larger than a 6% interest rate, reckoned on three years.
The note. This article was modified by art. 1 of law No. 124 of 5 May 1938 (see note under art. 150).
To in article 193 where are tabulated or reserve i(ii) the amount arrears for the three years before the day of the auction will be indestula of the purchase price, and to cover the annual rates that will become due in the future, it will move into the settlement and will put the necessary capital, according to învoielii. If, in this regard, there has been no învoiala between the parties, the Court decides on the nominations.
Capital can be placed along the posterior claims for indestularea only after he stopped paying rent for bond.
Article 194 Desbaterea of seriere a dreseaza judge-delegate lead and of this a report in which it said desbaterii stride.
Desbaterea start with that, it counts roughly: the amount of the purchase price stated in the judicial deposit and the buyer still unpaid, together with interest and shall make mention in the minutes of the result of this settlement.
After that, listening is interested, count these claims, determines the agenda project. In this draft, pass, considered under the headings of current numbers, without any consideration for the excepţiuni, but in such a way as to be registered under separate headings neexceptionale and excepţionate positions in separate section, and in the case of partial excepţionare, part excepţionata in box excepţionate positions.
Russians continue until till runs through neexceptionale positions the entire purchase price, or until count all mortgage claims.
Article 195 after he finished making reckoning, listening to the judge, with respect to each excepţionate, that make exceptions and those with contrary interests, they recorded statements in the report, referring to the evidence, if any, and shall submit without deferment card authority funduare the minutes, signed by him and by the parties.
Article 196 books authority is required to establish the funduare order of indestulare based on the report presented in such a way as to be completed not later than fifteen (15) days, counted from the day of desbaterii seriere, in order to be exposed to the sight of stakeholders.
Authority excepţiunile funduare cards concerning positions settles Insider strung in point a of article) 189, always and rule excepţiunile regarding claims and mortgage-backed securities, which relates only to the issue of rank from the book funduara serial, based on the report presented and after funduara book situation, without guidance from the process.
However, if the excepţiunile concerning the book funduara serial rank cannot be resolved on the basis of the book funduare, one of the parties with contrary interests will instruct you to submit action, with a fixed term.
In terms of taxes and levies announced as the privileged positions of authority only over funduare books chestiunei decides whether to seriaza or not from taxes and duties among privileged positions array according to art. 189 and in this regard, if necessary, the tax authorities may instruct you to serve informaţiuni and more detailed data.
In terms of the amount of taxes and fees, those interested can address with means as competent tax authorities, in accordance with the rules in force.
The note. See art. 324 of law No. 269 of 1 April 1942. for the tax procedure code.
Article 197 if it was excepţionat by the debtor any mortgage debt or the credibility of any receivables amount times listed in art. 189, point. (c)), the lender should be guided at the trial, unless he proves that at the desbaterea of seriere, claims to is determined by the verdict raised the value of law or by a court, or transactiune as it is based on the authentic instrument is enforceable under law without a prior trial procedure, or as it's pending lawsuit.
Also, the lender must be guided to the process and then, when the debt is reckoned in accordance with article excepţioneaza. 191, either by the debtor or by another mortgage lender. With the exception of those cases when it is excepţioneaza by another lender mortgage debt through a nestabilita sentence raised to value or transactiune, or a claim which is not based on an authentic instrument is enforceable under law without a prior trial procedure, however, recognized by the debtor, it will instruct you to trial the creditor that raise exceptions.
And, if the claim is established by the verdict raised to value or transactiune, or is it based on an authentic instrument is enforceable under law without a prior trial procedure, exceptions may only consider then, if those who pick them up have made credible that, claims ceased entirely or in part, as a result of circumstances arising after the date of the sentence actually raised the value of law transactiunei, or the instrument. In this case, either as excepţiunile rises by the debtor, whether it rises to the creditor, should be directed to trial those who excepţioneaza.
At the breakfast at the trial is required to submit to the jurisdiction of the court action in a fixed period of 30 days, counted the value of Dale law incheerii and to announce the submission action authority funduare the same books.
If you excepţioneaza the validity of a inscriptiuni of funduara, will help guide the process one that raise an exception.
However, against durability inscripţiei of funduara excepţiuni can raise only, that in accordance with regulation funduare books is entitled to do.
Article 198 If those exceptions are doing looks like, and put into action the renewal flow (review) or the procedure of annulment of the sentence by which he settled claims excepţionata, when the warrant a danger (art. 42), can claim that the excepţionata should be kept in storage until the Court shall decide by means of court decision lifted the value of law procedure is in progress.
Article 199 *
Against the incheerii of seriere, funduare, card authority takes place (use), which must be submitted within eight days, counted from the presence of one term of 15 days from the day of desbaterii seriere, and if the Court of first instance changed to incheerea, appeal to the Court, within 8 days from the way of communication.
Call (exercise) in order to have suspensory effect, that until his rezolvirea can't do indestularea indestulare, whose claims of the purchase price depends on the judgement that will be given on the call (recurgerei).
Note: see note under our art. 140. Article 200 after expiry (use), the card ex-officio funduare has to be indestula whose claims payment does not depend on any possible calls (recurgeri), submitted to or the direction of the trial.
With this ocaziune card funduare authority determines, after the amounts that should be positions maintained in judicial deposit until the expiry of the period fixed for the submission of the respective process, until the rezolvirea value as the image was turned on, or until the incheere is given on the call (recurgerei).
To the extent that it will resolve one or another of the high resolution excepţiuni, by law the worth or the expiry of the period fixed, the question was raised as to the value of the decision of the superior court date on the call (recurgerei), further payments will be performed by the Registra funduare books, from time to time.
Article 201 payment is made, as a rule, in such a way that the preliminaries, is as the sum of the deposit. To this end, indreptatitul is forced to submit to the authority of funduare books, original documents, as there would be presented at the desbaterea of seriere, which will have to be noted.
Payment is made through ordonantare note on the original and if, payment document has lost its value, shall be issued to the debtor, and otherwise be restitue creditor.
If it is authorised on behalf of any creditor as partial payment, the remainder of the purchase price, without being able to determine the amount that remains after indestularea other claims, established in amounts to be determined, what is paid, shall be kept in judicial deposit, it will instruct you to report to the Authority's perception of funduare books, after the payment, this amount, in order to be able to record depreciation.
Into how circumstances, claim the authority of funduare books can be ordered to pay the claims, in whole or in part, by a delegate of his at a time limit fixed for this purpose, or in the cases above, through a notary public, entrusted for this purpose, the reckoning is the latter duties among privileged positions.
Article 202 on the account of the creditor whose claim was baseless, excepţionata those who excepţionat it, are jointly and severally bound to pay the difference in interest rate, amount of deposit, which should be made to the creditor.
The creditor is entitled to capitalize on this right in the process started; 197, or through separate process.
If the debtor of the receivable, the creditor may excepţioneaza claim to calculate this difference in the interest rate on two-year and seriindu in the rank of his claim to be provided through the log in the warehouse. And if excepţiunea rises on the part of any other creditor, the creditor whose claim has been excepţionata can claim through the train about desbaterea of seriere, excepţioneaza, want to provide the difference in interest and expenses, according to art. 42, after which the Court directs, through incheerea with the opportunity of seriere desbaterii, the excepţioneaza, to seek bail, which is determined on the basis of judicial discretion.
Against this part of incheere there any remedy in law and whether those who do not have high security excepţiunile record, within eight days, counted from the rock incheerii is handed over, the amount specified in the order of seriere, is authorised, at the request of him entitled, without regard to the direction of the trial.
In another regard, interested parties have the right to invoiasca, as the sum of what serves as cover for excepţionata position, to capitalize, instead of legal deposit, to any financial institutiune, which you will choose them, or to release any interested, possibly after offering guarantees on its part.
If you find obviously unfounded action lodged by the lender that raised the exception in the following guidance to the process, he raised exceptions, is punishable by a fine up to 50,000 lei (text: 500 Florins).
Article 203 in the case of executions to be carried out on certain immovable property not listed in the book of funduara, The runtime application will describe exactly the properties and it will look like, the people watching is in possession of the goods in issue.
To carry out the execution will be sezisa and in this case the authority of funduare books, portărel, that a delegate to be conscrie spot and take the property under seizure.
Opportunity works with dela spot, it will conscrie and real estate, and both they and their residences will assess itself, through two experts appointed ex officio. The priority of the right of mortgage shall be reckoned from the time of seizure.
The publicaţiunea tender will include somatiunea, as all those who understand to claim ownership of the seized property right or any other right, to submit to the excindere action, and if you claim the price of buying a indestulare with priority, to submit statements of privilege before the term of the first auctions and much more, because otherwise their claims, are not taken into account. Excindere action filed before the first auction, have suspensory effect upon the propriety of the auction: In other respects, am above shall apply correspondingly, with the nature of things, the rules established for tracking real estate listed in the books funduare.
If any pursued him, besides the usufruct of a building, ownership of the constructions on it without funduara inscriptiune in the book, and the acquisition of ownership in book funduara depends on the fulfilment of certain conditions, or subverseaza a law, under which the rights may form the subject of an urmaritului vinderi and purchases, will be applied according to the nature of things the rules above.
Article 204 Owner, funduara book, tabulated is entitled to ask the Court's competence to funduare books i sell real estate through his judicial auction: volunteer or in such a way as to have the auction against mortgage lenders cut off the effect of an execution, tender or in such a way, that the tasks to be on wealth and after the auction.
With respect to this request, which are applicable to the dispoziţiunile art. 144, must have a certified signature of the owner or incredintatului or with a certified power of attorney.
Ordering an auction procedure and further is made after the rules of the auction, real estate executionala, with deviations established by the following articles: Article 205 If the auction was required in such a way as to have the effect of an auction, at the request of the execution of any mortgage lender who will forward it within eight days, counted from the rock publicatiunei is handed over to the auction the auction shall be suspended, within six months and the new term of the auction may be fixed only after six months have expired.
In this case, in terms of the effect of notatiunii the auction dispoziţiunile will be applied art. 142, and in terms of the distribution of the purchase price of the property is auctioned, must comply with the rules for the distribution of the purchase price receivable from the auctions of the execution.
Article 206 shall be required If the auction in such a way as to appear on the tasks remain ahead on wealth, he generally sets the owner of the auction and may fix the amount, below which cannot sell the property at auction.
About ordering an auction is not incunostiinteaza mortgage lenders after rises in value as the respective auction, after the auction, it is generally intabuleaza property rights in favour of the purchaser, shortening tasks listed are untouched.
The rules of article 207 article. 204-206 applies if, when ordering, by the Court or the authority portion of the tutelara, the sale by auction of the estate of any building and for making them, is addressed to the rogatory authority of funduare books.
Title III Implementation Article 208 buildings over for when people watching has the right of usufruct, inscribed in the book of funduara, the building which forms the property of another person, in the case that he ordered the execution of the usufruct, shall apply, as regards tabulation of the right of mortgage executionala, prenotarii notatiunea, justification of the respective right, dispoziţiunile art. 135 and 136, according to the nature of things.
Following the tabulation of the right of mortgage executionala, prenotarii notatiunea, justification of the respective right, authority orders the implementation for funduare card under seizure and execution law, taking into account the proposal of urmaritorului, called the curator of seizure and delegate portărel to advise of the inventory for the seizure and the respective accessories, seziseaza to this end court jurisdiction. In the case of multiple executions to be carried out at once or consecutively, will appoint one trustee.
In terms of directing for the Administration to put under seizure or recovery through a lease, shall decide, after hearing of the parties concerned, the authority of funduare books and give the necessary directions trustee seizure (art. 245).
Art. 208 is complemented by art. 28 of the Act XII: 1908 as follows: Art. 28. Article 208 of the Act-LX: 1881 is supplemented in the sense that the execution carried out on a building, for the exemption provided for in paragraph 18 of article 2. 2, urmaritului him, in respect of seed and then, if the collection harvest took place within one month from the rock on the way of teaching for executionala (paragraph 2 of article 208 of the LX: 1881).
The note. See art. 7 of law No 306 of 5 August 1938, after that: "in the case of forced sale of grain gathered roots, ordering their sale will be made only after they have been collected."
Article 209 income which does not consist of money received during the administration of trustee of seizure, it will capitalize on the part of the Trustees of the seizure in accordance with învoielii of the parties concerned, and if ' there has been a învoiala, by mutual agreement, judicial auction, after the prescribed rules for auctioning furniture, except ca, curator of seizure is required to provide in order for delegation of a portărel that competent judges, whose territory is an important subject for a list of things to be auctioned and the book (art. 148) showing their value. Portărelul issue publicaţiunea somaţiune of tender without claiming rights. The purchase price and the minutes of the auction shall be issued against the Trustees of seizure, evidence must submit to the authority of funduare books, with the report, the minutes of the auction, desocotirea and the rest of the money, namely, if the seizure lasts more than the execution a year, annually (art. 248, 250, 252).
Any current tax on property, usufruct will pay during the execution of the seizure.
Article 210 of the income received during the seizure, if the book is not included on the funduara for the right mortgage in favour of another person, shall be paid by the funduare card debt urmaritorului and accessories and any remainder urmaritului is issued.
If it is stated on the other for claims before the claims urmaritorului, keeps the books funduare seriere desbatere of reglementara and by means of the appropriate nature of things prescribed rules for the distribution of real estate prices, distribution price is made in conformity with these rules.
Article 211 in order to how the ownership of the property is the urmaritului, the urmaritorul has the right to make the execution over for either suddenly with execution on the Fund either without it, only for compliance with rules. 208 and 209.
About incheerea, ordering inscriptiunea executionala the right mortgage or run notatiunea entitlement will be incunostiinta in this case and previous lenders inscriptiunii or notatiunii.
The execution made upon for auctioning property does not prevent, and if the building is carried out on the implementation of the bids, for it has no effect on the harvest picked the day still pending tender and if leased, building e on the rent which has not become due date until this day.
Debt urmaritorului, who was running only for the real estate, will the series from the purchase price of the property after the claims of all mortgage lenders.
Priority among several such lenders determine the time in which he made the inscription over for execution.
In the case of article 212 of the executions for according to art. 211, in favor of mortgage lenders who ' scored the right mortgage or executionala, ' noted the right execution on the property itself, before they reap the harvest of pending or prior to becoming the rent can claim maturity, through a petition addressed to the authority of funduare books, as the amount collected from pending or harvests from rent, not to call for indestularea claim urmaritorului but to take the Court for the time being.
If you bid the building himself, within one year of harvest, collection or removed from him on the day of maturity, the amount of rent charged from pending or rent plus the purchase price of the property and the purchase price shall be distributed in accordance with the rules of the previous article. In this case, the expenses of seizure indestulesc execution is among privileged positions, of the purchase price.
Again, if the building was auctioned later this year, the amount recorded in the repository is mainly used for indestularea claim that the lender, which has carried out the execution on the usufruct.
The note. See art. 7 of law No. 306 of 5 August 1938 and under art. 208. Article 213 If people watching has right of usufruct over a building without his law to be inscribed in the book of funduara, the execution shall be carried out on the usufruct as over furniture. However, the usufruct shall not form the object of tender and is capitalise, with proper application of art. 208 and 209, on the verge of execution seizure. Appointment of trustee of seizure and distribution of the purchase price goes into the jurisdiction of the competent court pursuant to article 13. 18. Priority among many chasers also are counts after timing ' performed the seizure.
These rules apply when the execution is carried out-in the case of the last paragraph of art. 203-only what is appropriate for urmaritului.
* Article 214-219 including were repealed by article. 13 of the law.
* Article 220 if the object of the performance is an ownership interest or rights in rem relating to an estate, the Court ordered the preparation of the property or right in rem execution of ordering through incheerea and seziseaza to this end the authority of funduare books.
If ownership is prenotat in favor of urmaritului, or whether it is worth to note the process or seizure, urmaritorul is forced to look into the request for execution the number ' incheerii ordered the book.
If, for the transcription of ownership of the property forming the object of the performance, it is necessary to desmembrarea any parcels entered under a landmark number, will be sent to the authority which corresponds to sezisate sketch book orders of funduara, if such a draft was presented during the trial, in which to show the portions of the real estate to be desmembrate. Inscriptiunea is made on the basis of this outline, after ordering, in case of need, listening; 56, point d) of regulation books funduare.
And, if such was not the sketch herewith in the process, the authority for making books sezisata funduare run-noting in which serial rank ' has sezisarea for portărel, a delegate for the preparation of this draft spot of dismemberment, with the intervention of an expert, the question addressed to it for this purpose by the competent court of rogatory. In this case, i taught portărelului all data in the process and in terms of the quote urmaritului dela spot, it must comply with the following dispoziţiunile article. Preparation of the property, in connection with the annotation, ordering and carried out on the basis of the report of the portărelului, in the rank of referral for serial, eventually collected in the previous serial rank through noting the reservation process, or seizure.
If the ordered execution also for entering into possession (art. 221), the spot will be done in both directions at once.
Article 221 If urmaritorul demands at once with preparation of ownership or other real right and its introduction about executionala in possession of the property or right, authority for making books sezisata funduare execution, with ordering on the way to executionala intabulării, a portărel delegate to perform on-site introduction into possession, concerned for carrying out court rogatory detour.
And, if the object's execution is only the possession or use of any building or a right in rem, the Court which ordered the execution order with respect to delegation of the Court of portărelului or sezisarii those detour opportunity ordonarii it runs.
In these cases, all on the basis of process i taught portărelului, which is bound to încunoştiinţeze, about the time which they fixed on the spot to perform execution of tracked or representative, on or from the process, by registered letter addressed to the domicile stated in the lawsuit, which will be put in the mail at least eight days before the deadline.
* Article 222 was repealed by article. 13 of the law.
Title IV Dispoziţiuni assurance Dispoziţiunile assurance. The implementation of the law concerning LX 1881: insurance and execution from seizure remained in force only to the extent that these dispoziţiuni relate to the seizure or attachment of the insurer itself, over some buildings or for them.
Article 223 was amended by art. 50 of Act LIV: 1912, as follows:
Suddenly, with the submission of the action, or after the action, the implementation of insurance: If the object of the action relates to the payment of a debt in the amount of money and the applicant proves the existence, amount and maturity of the claim with the authentic instrument or private act is drawn up in accordance with art. 317. civ., or with cheques, money, shopping, or cec, which according to art. 619-620. civ. can be made about the mandate and if at the same time look verisimilitude.
Also, the execution takes place, if that is done, the danger room, based on a judgment of the Court of Justice, which obligate a determined amount of money before the expiry of the period for the performance.
Note: the Act under private signature shall have the value of an preconstituite; see art. 1171-1190 from civ. code R.
Article 224 was amended by art. 51 of Act LIV: 1912 as follows: on the basis of the verdict, which oblige the payment of a debt in cash, also on the basis of a mandate issued pursuant to the payment of a commercial mandate, bills of Exchange or cheque voucher (606-620 PR. Civ.), after the expiry of the execution takes place, if the party obliged attacked the decision, within legal apelatiune, by opposition with suspensive effect or concerned with excepţiuni.
1912: COURTNEE law: Art. 52.-If the court verdict which was fixed by the payment of a debt in cash, for a term shorter than the term apelatiune or opposition and if not declared enforceable sentence without consideration for the apelatiune, the implementation of insurance already, if the verdict does not execute condemned within the term of compliance with established under the sentence.
* 225 Article was repealed by article. 13.1, of the law of expansion and replaced by art. 610-612 including Civ. proc. r.
* in the cases of article 226 article 4. 223, 224 and 225, if the object of the performance is not cash, but a determined quantity of a particular gender or particular good mobile also occurs during execution, besides the very top there auditioning for the equivalent value in money of the probable trial.
In this case, the applicant is required to submit, in addition to the application, the data in order to ascertain the probable object of equivalent value.
Article 227 against oficiantilor, officials and members of governing bodies, charged with managing money and assets of the State, public funds and fundatiunilor counties and municipalities, will require the implementation of insurance for insurance claims deriving from their management and without justifying the submission process and the existence of a threat, if the competent authority of the State, County or township shall claim in cash or the equivalent in cash of any other claims to be secure.
The note. This article was modified by art. 21, 195, 196, 224, 225, 226, law No. 150, over public accounting, of 31 July 1929.
Article 228 applications for ordering the execution of insurance shall, as a rule, the court process; However, in the case of art. 225, construction and insurance may be required and the District Court, in which the 2nd Circuit detour is located middle-to be impounded.
In the cases of art. 227, the address will be made by the District Court of detour, the insurance summary executions to be carried out on the Court and, funduara insurance to be carried out on the buildings. If the execution of the following insurance on mobile and stationary, it's competence to order the execution of Insurance Court funduara. In the case of executions, which are to be carried out in several districts or judges of courts funduare detour right choice it needs that require insurance.
Article 229 or address for ordering the execution of insurance to solve without hearing the opponent, which is incunostiinteaza about it, with the opportunity to carry out the execution, and if execution of insurance solely on real estate, when he ordered his execution.
Into how insurance is ordering the execution of pending danger of appearing verosimilitatii, construction and insurance will be ordered, without condition, be provided, as the one who ask for insurance, be obliged to submit prior to the execution of a bail in cash or in good effects for the Security (art. 42), which will be fixed by the Court through appreciation.
In the case of art. 226, sum up to competition which ordered the execution of insurance shall be fixed by the Court through appreciation, taking account of the data which were submitted.
Article 230 the execution of insurance is carried out on the furniture, through application of seizure and evaluation in accordance with the rules referred to in this law, and real estate, by advance booking the right mortgage. In the case of paragraph art. 225, one cannot require the moving of objects seized.
In order to prenotarii the right of mortgage shall be seziseaza funduare card authority.
The effect of seizure of the insurer and the assessment is identical with the law on the seizure and forced execution evaluation.
The effect of prenotarii the right of mortgage shall be judged the existing rules in this matter.
Execution costs insurance is required to move that requires execution of insurance. These expenses, how insurance did not execute ' disolva; 234 or 235, or following an appeal (recourse) and how the basic process has not been shown, ' you decide them supports the one against which he carried out the execution of insurance only if and only if in proportion, and how he was forced to the costs.
The note. The last paragraph regarding the seizure of any insurer was repealed on the furniture.
Article 231, against whom he ordered the execution of insurance, shall have the right to enter the Court amount to be provided in cash or in good effects for the Security (art. 42), what if it meets, it should be incetata execution incheerii execution, concerned must be ordered ex officio disolvarea insurance execution was carried out on mobile, or termination of the right of mortgage. The same thing will be done, and then, when the sides agreed to give a guarantee by a guarantor, pledge or otherwise insured.
Article 232, against which they ordered the execution, may declare the (use of) v. incheerii execution, in the following cases: a) If she ordered the execution of insurance contrary to art. 223-228;
b) If the debt has been fully covered, before ordering the execution.
If it joins the call (exercise) or if noui, contents of the call (recurgerei) is absolutely necessary, prior to submitting the basis, will listen to your opponent.
* Article 233 was repealed; see art. 620. proc. civil.
* Article 234 if debt is under process, ensuring the orderly and carried out remain in being until rezolvirea by decision jurevalida of the process and cannot resolve any if she rejected by lower courts, by the verdict of law neridicata value, the action party demanded, or if the Court nullifies the upper disolva, and ordered additional proceedings or change through sentence neridicata still value in law, the verdict on the basis of which he ordered the execution of insurance in accordance with art. 224. If the sentence lifted the value of superior court, annulled the verdict entirely on the basis of which he ordered the execution of insurance, together with the whole procedure or if the show was acquitted under the action by the verdict raised to value of superior court, construction and insurance disolvata.
Art. 234 is amended by art. 53 of Act LIV: 1912 as follows: Art. 53.-instead of disolvarea or cancellation of the sentence from paragraph intaiu of article. 234 of the LX: 1881 and instead of cancelling the provision of paragraph 2 of this article shall mean withdrawal from enforcement of the sentence.
* Article 235, paragraph 1, was repealed by article. 13.1, of the law of expansion and replaced by art. 610-612 including the code civil proc., and the rest by dispoziţiunile law on the public accounting (see our note under art. 227).
* Article 236, which makes execution of insurance to cover a claim evidently groundless or stopped, is liable for all damages caused by this and Furthermore, at the request of the party who has suffered, insurance may be required to pay fines up to 50,000 lei. (text: 500 Florins).
Pretentiunea of claims among the cat was recovered, about action counterclaim, in process for claims, the Court decides upon it suddenly, with the main trial. In other cases, the action must be initiated at the Court which ordered the execution, within three months, counted the amount of generations from the sentence of acquittal, date or incheerii process whereby he ordered the execution of disolvarea, that is, after the nature of the works, about summary or formal, and is solved by sentence.
In these cases, judge and solve it at once with pretentiunea of compensation, and the issue of conviction to a fine.
When he is asked only to sentencing, the application must be submitted within a time limit of three months shown above, in the Court which ordered the execution. The Court, after listening to the parties about the summary or formal, acting through incheere. Call (recourse) against incheerii have suspensory effect.
Before the expiry of a period of three months and if within that period he filed claims process or if he started the procedure to amend sentence, until their rezolvirea jurevalida, recorded under article penalty 229, cannot be refunded.
II. The seizure Article 237 of the seizure occurs:) before submission process or during the process, if the subject of the claim is an asset or a right determined and if he who asks his seizure warrant or right holder, by notarial act or by the act with the full force and probanta look like without seizure, of the right or is threatened;
b) amended article 10. 54 of Act LIV: 1912 as follows: Art. 54.-b) of art. 237 of the Act 1881, LX: change in the sense that the seizure takes place: b) on the basis of a judgment of conviction, date in a lawsuit for a thing or right, whether the show has filed opposition or apelatiune with suspensive effect upon execution.
However, if the Court has fixed for compliance with a shorter term than the term apelatiune or opposition and declared enforceable without consideration to the sentence apelatiune, seizure and then, if the party obliged not to execute the sentence within the term of fulfilment;
c) by the proprietors of art. 227, where it is claiming a particular asset or a right determined;
* d) and (e)), have been replaced by art. 615 of the code for proc. R * f) at the request of the creditor, with mortgage debt intabulata any us real estate, over real estate mortgaged and its accessories, if the mortgage lender justify that has submitted its action for debt maturity and at the same time proving a fact or omission of the owner, which shows a significant destruction of property or an impairment and this endangers the security offered by the mortgage.
If the right mortgage is tabulated with a pending law justification or nejustificarea prenotarii property rights, ordering seizure cannot take place.
Article 238 application for ordering seizure shall be submitted to the Court, in the cases of the b) and e) of art. 237, unconditionally, and in the case of section a) when it is appropriate for the subject to be taken under seizure or if it suddenly starts with the submission of the application for seizure.
In the case of section a) of art. 231 if the seizure is required prior to the submission process, also in cases where the points c), d) and (f)) of art. 237 as the object of seizure it forms a building or a fortune, Adresse or seizure shall be submitted to the Court or the District Court funduara detour, in whose constituency, following the seizure. If you intend to perform the seizure on mobile and stationary, for ordering is funduara court jurisdiction. If the seizure is to be carried out in more than one district courts funduare or more Justices of the detour, the right choice it needs that require the seizure.
Article 239 Request or seizure to solve the cases and points b) c) of art. 237, without hearing the opponent, and in cases of points), d) and (e)), as a rule, after hearing of the opponent. In the latter cases, as the resulting delays would jeopardize, seizure may be ordered in advance and without hearing the opponent; is fixed, however, at the same time limit for hearing the parties and then, through the incheere, schestrului, or disolvarea's. Call (recourse) against dissolvents of incheerii seizure ordered with anticipatie, have suspensory effect.
In the case of section f of article 1.) 237, seizure may be ordered only after hearing of the opponent and if necessary, after a previous procedure of proof.
About ordering seizure, opponent is myself: d incunostiinteaza, with the opportunity to carry out seizure, and if the seizure shall be carried out only by scoring in the book funduara, with the opportunity of issuing incheerii for ordering seizure.
In cases where the points) and f) of art. 237, the seizure shall be ordered either without condition, be provided, as the one who asks for the seizure, be obliged to submit, prior to the seizure, a bail in cash or in securities declared good for effects (art. 42), which will be fixed by the Court, through appreciation.
Article 240 If the seizure was ordered only to ensure any ownership interest in a building, making it do without the appointment of a custodian, seizure, seizure ordered by the notation funduara book and in this case, the seziseaza card funduare authority. However, at the express request of him who asks for the seizure, the Court may require and in such cases conscrierea accessories and putting them under the administration of a curator of seizure.
Al. 2 was repealed and replaced by art. 612 of the code civil proc. R. seizure Curator calls it the Court that ordered the seizure as a result of the proposal to the parties, or if the seizure was ordered without hearing the parties, on the proposal of asking the seizure. Curator of seizure will appoint a person having sufficient material guarantee and be reliable, bearing in mind that the domicile of the trustee and the seizure should not result in enhancing the fruitless charges and expenses of the trustee. In order to release the cat following in someone else's District Court judges, who ordered the seizure can be trusted with the appointment of trustee sezisate Court for carrying out the seizure.
In the cases of article 241 points), b), c), (d)) and e). 237, the seizure has the effect of law, that person said, can acquire rights to the object of seizure, the harm that demanded the seizure, to real estate, from the moment of arrival rogatorii for the creation of the Commission notatiunii in the book of funduara, and in case of seizure conducted on mobile spot, out of time.
* Article 242, regarding the sale of furniture seized and subject to depreciation, was repealed by article. 13.1, of the law.
* Article 243 Against incheerii ordering seizure, the party against whom the ' ordered the seizure may declare call (exercise) in the following cases: a) If the seizure was ordered contrary to art. 237;
b) If the subject matter of the respective process, debt mortgage lender, has been completely secured before ordering the seizure.
If it joins the call (exercise) any new document, or if the content of the call (recurgerei) presents itself as necessary, prior to submitting the basis, must be obeyed.
In terms of duration and disolvarii seizure, apply properly dispoziţiunile art. 234. Article 244 If the proprietors of points) and (d)) of article 23. 237 when he ordered the release, ' has been started the process, nor does he set off at once, for the object on which the seizure was ordered, at the request of which side he ordered seizure is required to start the process of the Court ' jurisdiction, in a period of 30 days, counted from the day of ordering seizure incheerii Rumania; otherwise, at the request of the opponent, the seizure shall be disolva.
* In the case of point c of article) 237, will start the process in front of the judge, all within this term of 30 days, or it will start proceedings before the competent authority in accordance with the existing rules, or will submit criminal foresees; otherwise, at the specific request of one suffering from seizure, seizure shall be disolvat.
Moreover, in terms of disolvarea seizure shall apply correspondingly dispoziţiunile art. 235 (repealed), and discourages accountability with respect of a seizure on the basis of a right demanded obviously feel there is or ceased, dispoziţiunile art. 236. in the case of point (e)) of article. 237, disolva will release after the verdict, high value through the rule of law, the process started for the cancellation or termination of the lease contract.
In the case of point (f) of the same article), seizure shall disolva officio if he radiated that claim requested seizure or if, in the process that was under way at the time of seizure, and ordonarii gave the order against the respondent, a verdict of acquittal, raised to value the rule of law. And, if stopped for this reason that she ordered the seizure, or if the debt was insured mortgage lender in accordance with art. 42, at the request of the owner; If necessary, after hearing that mortgage lender asked for seizure, seizure shall be disolva.
Call (recourse) against incheerii of seizure have suspensory effect.
The note. Paragraph 2 has been amended; see our note under art. 227. Article 245 the Court which ordered the seizure, give the Trustees of seizure, upon necessity, of its own motion after hearing the parties, possibly, or at the request of any of the parties, appropriate management guidelines the circumstances, which curator of seizure is bound to follow them. Such guidance can give management and portărelul, until the Court gives provisions. In the event indrumarilor in case management or administration, opposition parties can make to the Court which ordered the seizure. The Court decides, if necessary, after hearing the parties and the trustee of the seizure.
In the case of section f of article 1.) 237, i shall give the trustee of such seizure management guidelines, which, in addition to maintaining, as much as possible, the nestirbita of the right of disposition of the owner, to correspond in terms of conservation of the mortgage fund nestirbite and accessories. In this case, the income of property taken under liens it needs.
Moreover, the rights and obligations of the Trustees of seizure are identical to the trustee's rights and obligations.
Article 246 If the trustee of seizure does not fulfil a punctual, or if doubts arise regarding the trust in him, can be removed from the post at the request of any party, the Court's estimation, even over time.
In urgent cases, the Court removed from the post of curator seizure even ex officio.
Against the incheerii ' ordered removal remedy does not occur.
In place of seizure removed from post, the court appoints another curator of seizure, after listening to the parties, and is appointed, as appropriate, take provisional measures necessary for the maintenance of seizure.
In the event that the ordering removal, for taking things seized dela curator of seizure and for the teaching of their newly appointed trustee, sequestration is delegate portărel. Until the competition likely amount to cover the lack of obvious what looks at teaching and taking charge, the Court shall, after the arrival of the report the execution of insurance against trustee of seizure.
Article 247 when he got under seizure or any income good or right, curator of seizure is required, with the termination of seizure or if the seizure lasts more than one year, at the end of each calendar year, possibly at the behest of the Court and in a shorter time, to submit to the Court which ordered the seizure of arithmetics led in regulation.
If the trustee of the seizure is not forwarded to the calculations in a fixed term, which shall be fixed after time runs out, ex officio, and which cannot be extended, it will be removed from post and also ex officio, at the request of any of the interested parties, will be ordered against his execution until the insurance sum which covers lack of competition likely.
Article 248 for the furniture which forms the subject-matter of income under seizure, curator of seizure is obliged to submit the proposal to the Court which ordered the seizure.
As regards the method of recovery, possibly keeping in nature, the Court shall decide after his appreciation, after hearing the parties.
If the parties have not agreed on another way of capitalization, capitalization is done about judicial auction.
Against incheerii what ' in this regard and publicatiunei auction does not take place (recourse) and opposition.
Article 249 About definitive calculations on an annual basis and forwarded by the curator of the seizure, and that you can see on the Court, the Court incunostiinteaza that parties to submit in writing to the observarile in a fixed period of 30 days, especially how otherwise it is considered correct calculations.
* If you are forwarded to observatiuni, the Court, after listening to the parties and the curator of seizure about summary or formal desbatere after an eventual proof procedure, acting through the sentence. Against the sentence by which we confirm the verdict of first instance, the appeal is not allowed.
The note. Al. 2 was modified; see our note under art. 140. Article 250 Expenses of seizure, înţelegand here and trustee fees, seizure is required to advance the one who asks for the seizure. Expenditure arising under seizure duration, except in the case of section f of article 1.) 237, must be covered from the revenue that it receives in the course of the trustee gestiunei seizure.
If the requested seizure would not spill, at the order of the Court and within the deadline, the necessary expenses arising after what seizure, which cannot fly from income from the time of seizure, seizure shall be ex-officio disolvat.
Article 251, that Issue between the parties and in what proportion are obliged to bear the costs caused by seizure, one decides in cases of points), d), (e)) and f) of art. 237, as well as in the case of subparagraph (c)), when it starts to justify seizure, the court process, as a rule, during the process, whether or not the trial court which started ordered the seizure, listen to the parts about desbatere summary or formal, and decides upon chestiunei liability for expenses of seizure, after raising the value of the sentence of the trial, after the respective value of the other proceedings or after disolvarea seizure. Call incheerii (recourse) against what was given in this regard have suspensory effect.
Article 252, cat Expenses of seizure seizure curator is obligated to give some, it establishes the Court pursuant to article 13. 249, suddenly with issue of reckoning, and in other cases, on the basis of reckoning presented by the curator of the seizure and the parties; If necessary, after hearing the parties.
Trustee fees are established by the seizure even if the parties have not submitted observatiuni. Against incheerii relating to trustee taxes seizure has right to call (exercise) and curator of the seizure.
Call (recourse) against incheerii relating to the fixing of costs of seizure and seizure, trustee fees have suspensory effect.
Article 253 Dispoziţiunile art. 245, 246, 247, 248, 249, 250 and 252 of this Act, relating to what guidelines give the Trustees of seizure, the rights and obligations of the Trustees of the seizure, the curator of the seizure, seizure of the calculations, the recovery of objects collected during the gestiunei curator of seizure as income from rezolvirea and establishment of reckoning trustee seizure, the advancement and establishment expenses of seizure and seizure trustee fees , shall apply in accordance with the nature of things and in the cases of seizures ordered pursuant to article 13. 75, 164, 180, 208, 211 and 213 of the present law, as well as in cases of seizures ordered during inheritance works.
Expenses and fees are established by the trustee of the seizure in this case by the Court of Justice jurisdiction for conducting the execution, by the Court of probate.
Article 254 In other cases shall be covered by the existing laws, will be applied the usual procedure until now.
The note. See for criminal cases, title VI, chapter VI (articles 120-122), of the code of criminal procedure.