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Law Of 1 January 1881 Lx About The Forced Execution Procedure Estate In Transylvania)

Original Language Title:  LEGE LX din 1 ianuarie 1881 despre procedura de execuţie silită imobiliară în Transilvania*)

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LEGE LX of 1 January 1881 about the real estate foreclosure procedure in Transylvania *)
ISSUER AUSTRO-HUNGARIAN DIET
Published in BROCHURE of 1 January 1881



__________ Note * *) Complied with all the amendments made until 1928 (novela XII: 1908, law VII: 1912 and the law XLV: 1912, the Regulation of the Porters and provisions of the law of Timbrului, the law of the Advocates, the law of the Court of Cassation, etc.), annotated and provided with jurisprudence. Execution of escontentation (foreclosure) + Chapter 1 General provisions + Article 1 Points a-d are repealed and replaced by art. 31 of Law LIV: 1912. The execution of the escontentation takes place on the basis of an authentic executor. Authentic executors are: 1. The sentences and final decisions of the civil courts; 2. Transactions concluded before the civil courts; 3. The enforceable payment mandate; [Fr. civ. Art. 592 and 609] denunciation and injunction; [Fr. civ. Art. 628] 4. Sentences of civil courts if declared executors without consideration, whether or not the remedy will take place; 5. The decision of the civil courts, although not final, which cannot be appealed with appeal, which has suspensive effect, in how much execution is not suspended, or stopped; [Fr. civ. Art. 556] 6. The enforceable decision of the civil court given in the gracious procedure; 7. The authentic decisions and acts, referred to in e-h art. 1, of the Law LX: 1881, also all decisions and authentic acts that by other legal provisions are declared enforceable. ((see in point 1, art. 410 410 and 672 in point. 2 2, art. 423 423, p. 4 4 art. 415 415 -417, 502, 509, 581, 632 from Fr. Civ.) Following are the e-h points of Article 1 of the Law LX: 1881: e) The sentencing decisions, or the minutes, or the official transactions or copies given by the arbitrators, as well as by the special courts of the stock exchange and values, as well as the regional production halls and cereals; f) Final criminal decisions, which contain civil damages; g) Acts written by public notaries, executors within the meaning of Article 111 of Law XXXV: 1874; h) The enforceable decisions of the disciplinary courts, of the administrative and financial authorities, if in accordance with the legal provisions in force are given for the execution of the civil courts. In art. 1 is added from art. 14 § 18 para. 5 of the Law of the stamp and the tax on acts and legal acts of 29 Apr. 1927. " The insurer will be able to follow up on insured in case of non-payment of premiums due under the insurance policy. The provisions contrary to this text, provided for in other laws, are also repealed. " Add: Article 43 of the Law for the Organization of the Body of Lawyers of 19 Fbr. 1923. M.O. 231. Article 43. The convention regarding the fee stipulated between the said and the client will be able to gain authenticity by submitting a written declaration to the president or his deputy, in the council chamber of the section to which he is pending. the dispute (for acts of notaries in that section). The fee claim, established by the above-mentioned declaration or by another authentic act, will have the right of privilege over the goods brought or preserved in the patrimony of the customer through the services rendered by the employee. This privilege will be added to art. 1737 of the civil code after par. 3 forming a new paragraph. 3 bis, and will register in the court register after the simple request of the defendant. In respect of real estate, this privilege is preserved by the inscription of the honorarium claim in the register of securities or in the local funduary books. The fee receivable shall be executed by investing with the enforceable formula of the authentic instrument or the journal concluded according to the above-mentioned declaration. The execution will not be able to be suspended by appeal until after the amount is recorded. The trial of the appeal will be made according to art. 41 41 of this law. In art. 1 paragraph 1 is added. 1 1 and 2 of art. 79 of the law for the Court of Cassation and Justice M.O. 282, Dec. 22, 1925. Article 79. The sentences, decisions and terminations given after the promulgation of the present law, by an in any litigious or graceful procedure are perfect from the moment of communication. In contrast, no remedy is allowed, except only the appeal in scrapping, according to the provisions of this law. ((Rest without actuality). 1) The decisions of the Court of Cassation, the date on the decisions coming from the courts of Transylvania constitute enforceable titles by themselves and therefore no longer need any formality in order to be executed, such as investing with the executory formula. (Court of Cassation I. 8034 1926). 2) Raminating the sentence against one of the co-debtors, he cannot raise the incident, that the claim is unitary and so against him he could not order the forced execution. In the case of execution, art. 80 of P. c. (Court of Appeal Cluj, S. II. 1839, 1926). 3 3) The expenses of the escination process during the execution cannot be determined in the task of the following. (Cluj, Hot Court. XIII). 4) The claim by which the flat is stipulated in a certain gold coin, not being a liquid claim, can give way to speeches, interpretation, thus not fulfilling the conditions required by law, the direct execution cannot be ordered, without calling. prior to judgment. (Casatia S. II 345/1926). 5) If the lawyer who has been empowered in the trial is prevented and the sentence is handed over to the delegate substitute, the sentence does not amount to the right amount. (1679, 1890) Markus. The Court of Appeal Cluj. 6) It will be possible to order the execution of escontentation in case if in the counter of the conviction against the pirit appealed only the plaintiff and this only for the cessation of expenses mutually, if the sentence amounted to the right value (39/1908) Dr. Szitas. 7) Rule of law as in case if the term of fulfillment falls on a Sunday or holiday, the obligation will be fulfilled in the proximate day of work, according to the jurisprudence applies to any art. legal (G 178, 1910) Dr. Szitas. 8) The extracts of minutes, trained on the occasion of the verification of the bankruptcy procedure, in case if they were not attacked by the bankrupt have an enforceable effect. 9) The partition that ended between the parties forms the basis for the execution order. Dr. Terfi. 10) The criminal sentence that also contains civil compensation even if it does not have the term of fulfillment, is enforceable, because amounting to the right value, the payment obligation is born immediately (Markus). 11) The sentences of the courts of appeal and of the courts handed down in court of two, even if they are not declared enforceable, according to art. 79 of the law of the court of cassation, being final are executors in escontentation. 12) If the process is declared stopped, no execution can be required. It is exempted to stop the process following the dilatory incident, when the pirate will be able to ask for execution for trial cases. 13) Neither the application for execution nor the action of renewal of the trial shall suspend the execution of the final sentence, unless the suspension is granted. 14) Only on the basis of legalized edict can execution be required, if the notarial act is enforceable, according to art. 111 of Law XXXV: 1874. + Article 2 It is repealed and replaced by Art. 32 Leg. LIV: 1912. In the cases indicated in points 1 to 6 of art. precedent, the execution is ordered by the first instance, which proceeded in the trial. The detour courts are competent to order the execution in cases strung in point e) art. 1 of Law LX: 1881, with the exception of commissions of arbitrators; [art. 787, pr. civ.] In the cases indicated by the point f) always, and in the case indicated in point h) then, when any special law does not have otherwise, being that court of competent detour, in whose detour the residence of the prime court, or the authority seised into the process. (The part concerning the execution orders in Budapest is without actuality). In the other cases, the competent court for ordering the execution shall be determined by special legal provisions. [Aligned II. abolishes court jurisdiction]. 1) Execution always ordering the first instance, its suspension, according to art. 83 of the law of the court of cassation can only grant her first instance. The request for suspension must therefore be submitted to that court (Courts of Appeal Timisoara and Cluj). 2) It is sufficient, if the copy I. of the application for the order of execution is countersigned by the said. 3) In the case of execution, the parties cannot agree on the territorial jurisdiction of the courts. The provisions of the execution law are mandatory. This also refers to notarial acts, enforceable according to art. 111 of Law XXXV: 1874. + Article 3, 4, 5, being repealed shall be replaced by Article 3. 33 of Leg. LIV: 1912. As regards the order of execution on the basis of an authentic instrument, given by a foreign State, the international conventions, which exist to this State, are decisive. In the absence of such conventions, the execution shall only be ordered on the basis of the reciprocity laid down, and if: 1) the execution is based on a final decision, given by civil, commercial courts, or on a court transaction with identical effect; 2 2) against the border or the cutting, shall not object to any of the circumstances mentioned in art. 414 Pr. civ. The statement of the Minister of Justice, the date on reciprocity is mandatory for the courts, and in case of doubt, the declaration will be required ex officio. In these cases that court is competent for ordering the execution, which in accordance with art. 18 of the law LX: 1881, is competent for carrying out the execution. If in order to carry out the execution, there are several courts noticed, that will decide on the order of execution, which is appointed first of all, and it will inform the other judges about its decision. If the court seised from the foreign court is not competent to carry out the execution, it will be transmitted the complaint of that court, which is in law at the same time it will notify the court abroad about it. + Article 6. is repealed and replaced by art. 34 of Leg. LIV: 1912. If the law does not provide otherwise, the order of execution, must be requested by a petition made in writing, in three copies and at the first copy shall be attached the original title, on the basis of which the execution is to be ordered. Decisions and court transactions may be annexed and in simple copy, with the mention, that the original is found at the court. Paragraph 2 art. 6. In the cambiale processes shall be annexed to the first copy to the original cambia, and if it is submitted to the court competent for ordering the execution, this circumstance shall be mentioned in the application. If the execution is directed against several defendants, or is to be carried out in several places, the request must be submitted in so many copies, that each pirit and each notified authority, as well as the portarel, receive a copy separately. The specimens that are submitted to the notified authority, as well as to the delegate, must be submitted without annexes; and to the copy to be handed to the one who will be followed shall join the copy after those acts, which have not yet been communicated to him. In the cases indicated in art. 1 al. e, f, g and h the court will retain a copy of the authentic instrument, which served basic to the order of execution and which copy being submitted by the pursuer, shall be authenticated ex officio. Applications for execution, submitted with shortages, must be returned for completion. 1) According to para. 5 5, art. 6, in the case of paragraph f, of art. 1, the petitioner will submit, apart from the original act and a copy thereof, for otherwise the request for execution will be returned. 2) The application for execution will be timed according to art. 6 § 12 of the stamp law and tax on legal acts and deeds. 3) According to art. 6 of Law VII: 1912 the execution can also be ordered by the Registrar with independent attributions. Today the alternate judge can also order the executions. 4) Spaces arising through separate executions, introduced against some of the following, cannot be counted in charge of those who were not followed. 5) In the case of execution is not required for the procure. 6) The Court of First Instance misspelled the application for execution, asking for execution against the state, saying that the state is a moral person and cannot be executed by budget. The appeal had to be upheld, because there is no provision of law to justify the tribunal's decision. See the law of public accounting and art. 13 of the law of Administrative Contencios. (Court of Appeal Timișoara S. II. 1386/1927). 7) The application for execution with a lack of form, must be returned for completion and not rejected. ((See art. 34 LIV law: 1912). (Court of Appeal Timișoara S. II. 5826/1926). + Article 7 If in summary processes the execution is required only on mobiles, the request for execution can also be made verbally, a request that will be taken at the minutes by the court. + Article 8 The stalker, in the execution request, will specify his petition. The application for execution will then show the court, or the courts, in the constituency or in the constituencies to which the execution is to be carried out and will be remembered if, it wants the execution to be carried out ex officio. The execution may be required after the expiry of the period of provision, established in the authentic act, which serves to order it. Today no longer has news art. 31. Nov. 1) For the training of these minutes, the same provisions will be observed, as on the receipt of the other complaints or actions. 2) The term of fulfilment will have to be specified with the calendar date, namely to be in such an established way, so that they can be counted according to the calendar. (It is not specified by ex. after the death of N.N. at three weeks). 3) The application for execution submitted before the passage of the deadline must be rejected. It does not have nuts an influence, that until its resolution passed the deadline, its date being the registration date. + Article 9. is repealed and replaced by art. 35 of Leg. LIV: 1912. If the order of execution is required on the basis of a decision given by a civil court, the court that is in law to order the execution, will find ex officio for the purpose of ordering, if it was communicated within the legal term the decision, which serves the basis at ordering the execution, then ascertains whether in the legal term the appeal has been submitted, or an appeal with suspensive effect, and that within the meaning of the law there is room for an attack, or opposition. If the first instance, ordered the execution of the border attacked by appeal, until the appellate court is pronounced, regarding this execution, the application of art. 41 of the present law. (Law LIV: 1912). If the execution is required when the file is sent to the higher court, the party requesting the execution must attach to the request for execution the edict, or the authentic copy of the border, even without motivation, and if the decision has been communicated The prosecution will also join the authentic copy after the proof of delivery. If the execution is required on the basis of the enforceable decision of the appellate court, when the case file has not yet been sent to the first court (civ. 511 and 546); in copy I of the application for execution must be annexed an edict or a genuine copy after the decision, in which copy the Registrar of the meeting of the appellate of appeal, shall mention the day of the pronouncement or delivery of the sentence and the fact that it was not made request for review within the legal period. If the term of execution is conditional, or is pending the performance of a counter service, the pursuer must prove the non-existence of the condition or performance on his part, as well as the other prior requirements of the executability, outside only if it does not result from the file documents. + Article 10 The application for execution is usually solved without listening to the contrary party. In the case provided by art. 3 always, and in the cases provided by art. 9, 13 and 15 only when it is necessary to listen to the parties, when it does not prove that authentic act or as a legalized act or private signature (art. 92, 93 of XXXV: 1874) the performance of the benefits, of which the order of execution is conditioned; before it is decided in substance on the application for execution; in front of the court of detour the summary will be held, and before the court Protocol. ^ 1) __________ ^ 1) (Seeing the abrogations made by the LIV: 1912 law, implementing civil procedure I.: 1911 and taking into account art. 3 of this law, we give in part art. 9. " Where a previous legal provision refers to any law or provision provided for by another law, taken out of force according to art. 3, in their place from now on will be understood the provisions of the civil procedure and the present law. Thus instead of the summary procedure or the protocol procedure applied to the detour courts, from now on, the procedure that is applicable before the detour of the detour, the regular procedure, provided for by the civil procedure, or in the place of the protocol procedure applied to the tribunal from now on will be understood the procedure for the tribunal, indicated by the civil procedure "). The last paragraph is repealed and replaced by art. 36 of the LIV: 1912 law. In the case mentioned in art. 33, of the present law, (i.e. art. 3, 4, 5 of the law LX: 1881) if the execution is requested by a court from abroad, in order to be ordered, it is not necessary to listen to the parties. The Court must take into account ex officio the conditions mentioned by art. 33 33 of the front tie. When, however, the court is in doubt, and from the file sent and from the documents filed there is no satisfactory clarification, the clarifications can be asked from the court abroad. If the court seised refuses to order the execution, art. 17 of pr. civ. Suitable art. 40 of the present law [law of LIV: 1912] against the decision of the execution shall be granted appeal. Apart from this remedy, the following may also submit exceptions against the decision of the order, within 15 days from the delivery of the decision, in the case, when the execution was ordered against the provisions of art. 33 of the present law. The exceptions suspend the execution, according to the provisions provided in art. 41. [or 36 of the leg. LIV: 1912]. Following the exceptions, the judge decides on the order of execution by decision, after hearing the parties [art. 40 40]. In fact, in respect of exceptions, Articles 134, 135, 140 and 141 of the Fr. civ. applies even if the exception was submitted with delay. Exceptions based on the reasons set out in al. 4 4, 5 and 6 of art. 414 Pr. civ., can also be invoked after the deadline shown in the previous paragraph. If international conventions have otherwise, this article does not apply. [Exceptions are considered as a new remedy of law]. 1. When the enforceable decision was given by the court as a bankruptcy court, the application for execution will be resolved by the two panel. 2. According to art. 17 pr. I'm burning. in the event of refusal shall decide the Court of Appeal. 3. Art. 33 of the LIV law: 1912 has about the executions ordered on the basis of the decisions given abroad. + Article 11 If the execution was ordered, the decision will show precisely the claim, together with the accessories, which are validated and the expenses arising with the request for the execution of the execution will be determined. If the court, which orders the execution, is also competent for its execution, and the execution will be carried out through the portarel, the decision will also be called on the portarel, which will carry it out. + Article 12 About the ordering of execution the following shall be known by the first copy of the application for execution, accompanied by the decision, and the portarel, or the authority notified with the execution, as well as the following through the other copies accompanied by the decisions [art. 6] and as a rule, the stalking knows himself on the occasion of execution. In the case of Article 7, the stalker, the portarel and the following shall be informed of a copy, after the minutes, together with the decision. If the execution is not ordered, only the petitioner will be informed of a reasoned decision, with the return of all copies of the application. If the execution is not carried out within three months of the order, the following shall be entitled to ask, or from the court who ordered the execution, or from the one responsible for carrying out it, the direct delivery of the decision to order the execution. If the decision was presented, the remedy of law used against this decision does not prevent the execution, according to the execution rules. It is completed with art. 26 of leg VII: 1912. If the execution required only on furniture must not be carried out ex officio, the edicts of decisions about ordering the execution, must be passed on the requests or on the minutes of its execution on their copies and all copies to be handed stalker. The pursuer to carry out the execution, presents the necessary specimens both for the portarel and for the wanted, the porter who is competent, according to the inner regulation of the court in law to carry out the execution. In this case, paragraph 1 of art. 12 12, al. 1 1, 2, 3, of art. 19 19 and paragraph 1 of art. 23 of the LX Act: 1881. If the pursuer did not carry out the execution of the escontentation during the 3 years, from the date of the decision to order the execution, a new request will be submitted to the court that ordered the execution, for referral or delegation. If in the place where execution is to be carried out, this law is not in force, the present article will not apply. 1. Before 3 months, if the decision to order the execution was not handed to the following, it will not be possible to appeal against the order. 2. The application, which was once rejected, can be successfully repeated. 3. According to the regulation of the porters, today the body of the porters of the respective court is notified in general. If the execution is to be carried out in the constituency of another court, art. 35 35 of the reg. Port. and thus authorization will be required through the first presidents of both courts, granting the commission rogatory. Also, before any execution performance will be paid the port fees, and the delegation's delegation makes it the head of the porters, on a separate request of the applicant petitioner, addressed to him. In this regard the procedure provided for in Article 12, it's changed. The portarel today is salarized of the state, does not work on its own, as it was until now. Because the copy of the execution is handed to the following with the performance, in case if the execution was not carried out, the following before the passage of the three-month period, cannot appeal. In case if it is prenoted, or the mortgage is filed, based on the order of execution in c. f., the appeal can be submitted immediately. + Article 13 The execution of the rule is ordered in favor of the one referred to, according to the executor and against the one obliged by this act. If by divestment there is a change in the person entitled and this change is certified by authentic act or legalized private act, then the execution must be ordered in favor of the transferee. If the change does not prove with genuine act or legalized private act, the court before deciding on the order of execution, will listen to the cedar and the divestment by summary, respective protocol ^ 1). ___________ ^ 1) See art. 3 and 9 of the LIV: 1912 law. In cambiale actions, if the original cambia is annexed to the request for execution, the execution must be ordered without hearing the parties even in that case, when the divestment is proven by private act with full evidentiary force [see art. 10 10] Art. 55 leg LIV: 1912 completes art. above. By private acts with complete evidentiary force, mentioned in law LX: 1881 must be understood the documents drawn up in accordance with art. 317 of pr. civ. If the law LX: 1881 provides for a procedural summary procedure, or graceful, and in the procedure of execution must apply the provisions of the compulsory civil procedure at the detour courts. In the processes arising during the execution, the special provisions of the LX law must be taken into account: 1881, as the present law does not provide otherwise. In the cases indicated in the law LX: 1881, when the graceful summary procedure is ordered, the hearing of the parties, the debauchery or probation, will not be admitted either the obedience of the parties under oath, nor the taking of the transactional oath. 1. If a cambial claim is transferred, it is not necessary, for the divestment to pass on the cambie. 2. If after the notation of the right of execution in C. F. is transmitted on another mortgage and this transmission was also noted in C. F., the transferee will be able to ask for the real estate auction directly at the C. F. [Dr. Borsodi V.T.] section. + Article 14 If in time, the condemned party died and the one in law will execute only the goods, which are in the succession of the following, or which have been transmitted to the successors, the execution must be ordered against the known or justified successors, or even against known successors. Suddenly with the order of execution, if the successors are unknown, or if by the execution request it cannot be established, according to the norms that the successors shown in the application would have the exclusive right to inheritance, a curator will be established for The successors, who would eventually exist and carry the buttocks. The decision to order the execution will be handed to each of the known successors, as well as to the curator, and based on this decision the execution can be carried out only on wealth, which is found in the succession of his pursuit that has passed to his successors (Art. 92 92 and 17]. 1. The stalker in his petition is not obliged to justify the quality of the estate of the deceased debtor, if the application for execution goes against the successors, directly and only for the wealth left after the deceased. 2. If the succession mass has not yet surrendered, the ideal part of a succession cannot form the object of execution. 3. Proof, that is, the verosimility of the fact, that objects form part of the succession mass, must make it the pursuer. + Article 15 If the pursuit does not want to set up the execution on the objects, what are found at the coward of his pursuit of the assets that were transmitted to the heirs, but directly in the counter to the successors, to solve this request will be held summary, recte protocol ^ 1) and the court will decide, by decision and upon necessity, even the probation will be admitted. ___________ ^ 1) See art. 3 and 9 of the LIV: 1912 law. The rules of substantive law in force will decide whether or not the execution can be ordered against the successors. [see art. 13 resp. 55 55 of the LIV law: 1912]. 1. If the court sentence does not establish the quality and quality of the estate, in the case of the successor beneficiary of the inventory's right, the execution will not be ordered. 2. Mobiles, which do not belong to the succession and yet executed, can be removed from seizure by escinders and not action to extinguish the execution effect. ((C. 884/3078 884/3078). + Article 16 If in the time he died the part directed [the creditor] his successors can ask for the order of execution, if they prove legally, that the right of succession is due to them. If the right is not justifiable, the execution can be ordered at the request of the one, who probably makes his right of succession, at once with this, however, he is called a curator for the validity of the claim, which until the clarification of the succession, is obliged to hand over to the judge where the succession, money or values collected by execution opened. The defendant entrusted in the trial may carry out the formalities of execution in the name of the guide, until he became aware of the creditor's death, and may continue the measures of execution even after his death was known, except if the successors did not proceed for the purposes of the above paragraph, remaining that until the clarification of the succession he was obliged to hand over the money and the values of the court, where the succession procedure was opened. + Article 17 If in the course of execution, the person of the creditor changes, the continuation of the execution in favor of the new guide must be requested at the court that ordered it. However, the portarel remains obliged to fulfill all the necessary measures to ensure the claim, until the court that ordered the execution, will take action. If on the occasion of the execution, it is found that the following has died, or if after the order of execution has died, it must be carried out according to art. 14, without a new decision of the court, which ordered the execution, on the leave or on the goods, which on the basis of the succession, passed on the successors. In this case, the curator remembered in art. 14, will be designed by the delegate. + Article 18 If the execution is done on the buildings, for the execution, it is the jurisdiction of the court that the court of the funduary books, in all other cases, is the jurisdiction of the detour court, in the constituency to which the execution is carried out Both the court of detour, as the court of the funduary books, and the detour court, as a court, both authorities must be notified separately. [The part concerning the procedure of executions in Budapest is not up to date]. 1) According to art. 11 of the LIV law: 1912, The funduary cards are given in the county award. mixed urban. + Article 19 The first copy of the application for execution accompanied by the statement ordering, will be handed to the stalker, the other copies of the rule are given to the porter, that is, the competent court is transposed to carry out the execution. At the wish of the pursuer, all copies will be handed to him on the basis of which he can directly address the porter, or the competent authority for carrying out the execution. The expenses arising with this procedure cannot be required. The competent court for carrying out the execution, if the execution is carried out through the portarel as soon as the requests for execution accompanied by the decision have arrived or presented to him, will delegate without delay on the portarel and hand him the requests for execution accompanied by the decision, or upon request, directly to the stalker. In order to carry out the execution, a bailiff is usually delegated, and in cases of emergency if it is prevented, a court officiant or a practitioner in law is delegated. In more significant cases the court can delegate with carrying out the execution on a judge, or even on a notary public. [[art. 154 154] In the cases provided by art. 26 26 of the law VII: 1912, paragraphs 2 and 3 of art. 19 are not applicable [see art. 12 12 of LX law: 1881]. Article 51 org. Jud. art. 1 1-10 Corp. Port. See order Min. Just. No 563/1927 , by which the delegation of the judicial officials is admitted, if the porters are occupied. Article 1-10 of the Rules of Procedure. publ. for the service of porters and for the fees of procedural documents and enforcement. ------------- Article 1. For the fulfilment of the procedure and the consequences, or foreclosures, ordered by the judiciary, it operates under the Tribunals, Courts and Judges, court agents appointed to the port. Art. 2. Besides each tribunal, apart from the head of the porters will operate the number of the port established by the budget of the Ministry of Justice. Article 3. The conditions of reappointment in operation are those provided by art. 115-119 of the law of judicial organization. For the portarel function will be dispensed by the exam and the condition of the internship, the persons who possess the title of doctor or licensed in law. The heads of the port are of 3 classes, namely class I, II and III. Those again called will be class III. Advances from one class to another will be made after an internship of at least 2 years fulfilled. Duties of porters Article 4. The porters are obliged to fulfill their obligations imposed by laws and regulations, in their margins and attributions and competencies. In their service relations with the public, the porters are kept to keep the required conscience and to work with justice, skill and moderation, for and against those who are forced to apply the law. Article 5. The porters will submit to the entrance according to the oath prescribed by art. 11 of the regulation of the state law of The oath will be provided, in public session, before the first president or president of the tribunal besides which the porter is also appointed in the assistance of a member of the public minister. The justice ministry will be able to order a portarel to operate for two or more judges. In the latter case the ministry will also fix the court at which the porter will be residing. The porters are kept to have their residence in the locality where the court is established, besides which it works. Article 6. The porters of each Court and Court and those of the courts of the constituency of that Court, operate under the direction and supervision of a chief porter. It will work at the courthouse, drive and apportion the works and upon need will execute itself part of them. Apart from the port, in addition to each Tribunal, Court or Court, will also operate a number of agents who will help carry out the works and carry out the tasks that will be given to them by the port for the delivery of procedural documents. Article 7. The head of the court besides which the porters are joined has the right of control and supervision over them and the officials in their chancelleries. Article 8. It is forbidden for the porters to intervene or perform sales that are of the competence of customs officers or trade union trade union or other agents of public administrations. It is also forbidden to the porters to become adjudications, either directly, in the public wineries ordered by the courts under which they operate and carried out through the tranches. Article 9. The porters cannot make divestments of litigious rights, which are of the jurisdiction of the Court of Appeal, in whose constituency they exercise their functions. Article 10. The porters will wear as a distinctive exterior sign, a green silk ribbon, in length of 6 cm. and width of 4 cm. with a yellow metal plate, of small size having on the country's trademark dance, around which will be the inscription "portarel beside the Tribunal". ....... or the court ........ " The distinctive sign will be worn to the upper left side of the garment and will be highlighted whenever necessary when the porters instrumentation. ----------- In art. 19 is added art. 51 of the law for the judicial organization of June 26, 1924 M. Of. no. 84 of 1925. Article 51. In order to carry out procedural documents and prosecutions or foreclosures ordered by the judiciary, it operates under the courts and judges of the courts appointed to the port. The justice minister will be able to order a porter to operate for two or more judges. In the latter case, the Ministry will also fix the court at which the porter will be resident. Article 52. The doormen of each courthouse and those under the courts of that court's constituency operate under the direction and supervision of a chief porter. It will work at the Tribunal, drive and apportion the works and upon need will execute itself part of them. Apart from the portarel, besides each court or court will also operate in the number of agents who will help the execution of the works and carry out the tasks that will be given to them by the port for the delivery of procedural documents. Article 53. The presidents of the courts under which the porters are joined have the right of control and supervision over them and the officials in their chancelleries. Article 54. The number of porters that will operate under the courts and judges is established in the budget of the Ministry of Justice. Their classification and duties, the guarantee they have to submit, the way to operate, the fees to charge for the various acts that meet and their retribution will be determined by regulation, which provides and desvolts everything regarding the service Porters. This art. of the law was amended by the introduction of the institution of the Port of Portara in Transylvania. So I quote art. 1 1-10 of Reg. Corp. Port. 1. See art. 26, Law VII: 1912, according to which at the securities, all copies must be addressed to the pursuer. 2. When performing the real estate execution, according to art. 139 a copy of the following shall be handed out. 3. Not the portarel, but the communal town hall has the attribution to carry out the decision of the guardianship court given in terms of execution regarding the real estate of the obliged one. Art. 127, 181 and 191 of the law XX: 1877 and art. 312 the org law. Jud. (Court of Appeal Cluj, S.I. 1895/1927) + Article 20 The porter only then is obliged to carry out the execution ex officio, if in the decision ordering the execution, it is mentioned the character to be carried out ex officio and if before its performance, the pursuer, or his entrustment, does not declare in written to the porter, as a desist, or that he demands the suspension of execution. In the cases mentioned by art. 3 and 4 (i.e. 33 LIV law: 1912) the execution must be carried out ex officio, only if from the referral address or from the request, it is not obvious the contrary. As the execution is not carried out in the same locality, the portarel can ask for the advancement When the execution is made ex officio, about these expenses, the following is informed, and in the case of a referral (rogatory commission), on the occasion of the delegation, it must be brought to the attention of the authority, which made the address, if the dwelling the pursuit, or its representative, is mentioned. Art. 49 Corp. Port. In art. 20 the addition of art. 49 49 of Reg. Corp. Port. Article 49. The porters will not be able to make an act and will not be able to proceed with a follow up or execution, until the parties first do not pay the due taxes. The parties will be obliged to procure the necessary stamps under penalty of disciplinary penalties, the porters will not be able to receive from the parties the cost of stamps to be procured by the Danes. If on the occasion of 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 that it will subject the case to the respective president to decide. If he decides that the act should not be subject to timbre, they will beholden on the portarel to refund the cost of the stamp. + Article 21 The portarel is obliged to carry out the executions ex officio, without delay, in the order of his delegation, and the executions that are not ex officio, in the order of presentation; and if the executions to be carried out are not in the same locality, the portarel is not obliged to perform, unless it was given prior to an advance of the necessary expenses ^ 1). ___________ ^ 1) See the sending art. 20. This article was amended by reg. Port. No more porters are paid. See Pag. Reg. Body Port. Art. 212-218. At the request of the following, the portarel is obliged to mean the time and day of the depiction under the order number of the presentation, on the specimen of the following and to sign about it, and if it were prevented from carrying out an urgent execution, at The desire of the pursued party, is obliged to hand over the documents in exchange for a certificate, in order to obtain his replacement. For the case of delay, the portarel is liable and materialises. Article 212. -For pursuits, execution or performance of acts, which must be made by the porters themselves, in the commune or outside of their commune of residence, according to the laws and regulations in force, the transport will be purchased far, according to the custom of the place and the means of communication, following the understanding that will take with the portarel in this regard. The porters will give the parties supporting acts of spending the transport to be served as proof before the courts at the request of the costs of trial and prosecution. Art. 213. -For communications or meetings of acts carried out by agents of the body apart from the commune of residence of the court under which it operates, a fixed transport fee will be paid on the whole km of shower only, not of return, of at the courthouse From 1-20 km ....... 2 lei km " 21 21-50 km ....... 3 "" " 51 51 nn up ...... 4 "" Art. 214. -A single transport fee will be charged when agents will have to carry out or communicate several procedural documents in the same locality, in the interest of the same party and on the occasion of the same transport. The porters will have to bring together on the same day all the shipments they must make in different communes, not realizing the return to the residence from any of the commune when these returns were not necessary. Article 215. -The payment of shipments for the State will be advanced by the ministry of justice as said in art. 116 116 of this Regulation. 1. Until the legal fees are not paid, the portarel will not be able to be delegated either to carry out the execution ex officio. The decision to order the execution will show, if the execution is to be made ex officio, or by intervention. 2. Reg. Corp. Port. maintains in force the material liability of the porters for damage caused by the delay of the procedure. Article 22 Before 8 a.m. and after 8 p.m., as a rule the execution cannot begin, nor continue the one started. The head of the judge in the emergency case can also admit to carrying out the execution before 8 a.m., or after 8 p.m. in the evening. On the days of common holidays of the Gregorian calendar ^ 1) or on the days of church holidays of the one followed, only those execution measures can be taken, which are necessary to ensure the claim, to be executed. ____________ ^ 1) Today Calendar Julian. See the Sunday rest law and the next holidays. Under art. 37 of the LIV law: 1912, the provisions of al. 2 2 of art. 22 it thus strengthens that it also applies to national holidays. 1. Execution, that is, the insurance measure also takes place in the religious holidays of the following, in case of emergency. See: the law for regulation of Sunday rest and public holidays, June 18, 1925. They are public holidays according to art 2, except on Sunday and will be held to rest on Sunday at: 1. New Year (1 January). 2. Baptism of the Lord (6 January). 3. 24 January. 4. St. Gheorghe (23 April). 5. First day of Easter. 6. The second day of Easter. 7. 1 Maiu. 8. 10 Maiu. 9. Ascension. 10. First day and second day of Christmas (25-26 Dec.). Apart from the above shown there is no service to justice in the following holidays: 1. 7 January. 2. 25 March. 3. April 15. 4. May 21 (Constantine and Helen). 5. Pentecost. 6. 29 June (St. Peter and Paul). 7. 15 August (Assumption). 8. 8 September. 9. 14 September. 10. 26 October (St. Dumitru). 11 11. 8 Noember (Michael). 12. December 6 (Nicolae). In the courts ' holidays the executions are carried out. + Article 23 If for carrying out the executions by intervention, within three months, they do not persist at the portarel, the documents will present themselves with a report of the court, which will put them to the archive. With the implementation of the law VII: 1912, at al. first of art. 23 the art. 26 26 of Law VII: 1912 ^ 1). ____________ ^ 1) See art. 12 and 19 of LX law: 1881. Al. 2 art. 23. The right of execution, regardless of the character and title of the claim shall be prescribed with effect from remaining the final sentence or from the maturity of another authentic instrument enforceable, within the period established by civil law, for prescribing, which term, not can be interrupted for no reason. During the term of prescription, at the request of the pursuer, a new delegation for execution can be given. 1. Only at the executions that have been handed over to the port for performance, this art. 2. Interest rates judged by a court, shall not be prescribed in 3 years [Hungarian Curia, Decision 62]. 3. A court sentence is prescribed in 30 years. An orderly execution in three years. After this term it must be requested again. 4. If from the execution of the execution 30 years have passed, the auction cannot be required nor continue the execution because this prescription is not suspended. [[Curia 5594/1905]. + Article 24 The portarel, before starting the execution, is obliged to hand the following the decision to order the execution. At the execution of the execution the interested parties can be present, and both from the pursuer as follows: 2-2 witnesses, adult men. If the pursuit is not found at home, the decision will be handed to any person of the house, or to his or her. In the absence of these the execution is carried out in the presence of 2 witnesses, appointed by the portarel, and in the execution decision will be handed to the curator appointed by the portarel on the following. 1. The right remedy can be received, if formulated by the curator established according to art. 24. (See art. 26-27 26-27, 48, 119 and 189). 2. The tracker is obliged to anticipate the expenses of the curator appointed according to art. 24 [The Budapest Court of Appeal of 1914]. See also art. 434 Pr. civ. + Article 25 If the execution must be carried out in another place, than the domicile of the following, the porter will appoint a curator, to whom he hands the decision, and if the residence or domicile of the following is known, he/she knows them by registered letter In 24 hours, time counted from the end of the execution. If the execution is made against the state or against public foundations, the portarel is obliged to incuse the legal representative of the state or the central factor, guided for the representation of the public foundation by letter recommended within 24 hours, from the end of the execution. The reference recipsas will be attached to the documents. If the execution is made apart from the seat of the court, the appointment of the curator will be omitted, and the decision to order the execution, after the end of the execution will be handed to the following himself. ((art. 24 24) In art. 25 is added art. 35 35-36 of Reg. Corp. Port. Article 35. Ceice will have to do a forced execution by virtue of a court decision or an enforceable title, they will address the courts indicated by the procedural laws in force, showing exactly the wealth to be pursued. After the special authorization of the respective court, the head of the gates, through the portarel that will charge this purpose will proceed to the forced execution fulfilling the necessary documents prescribed by the laws and the procedure to reach the fulfillment of the right of the one possess the portarel title. When the wealth to be pursued is found in a county other than that of the respective court, it, through the organizing commission to the president of the county court where the wealth is found, will ask to proceed with execution. At the courts with a special notariat section, the enforcement intercession of the court or tribunal will address, in matters of real estate tracking directly to the president of the notary section, who will do the execution by the portarel delegate to that precinct. If the goods pursued or seized are not sufficient for the indestulation of the creditor, the extent of the pursuit or seizure will only be possible following an authorization of the respective court. Article 36. The portara will draft in double copy the summons, the commands and in general all the acts imposed on them (to do or not to do an act, to fulfill a bond, to satisfy a right of someone who claims to have before to reach a execution or judgment), according to the prescriptions of the special laws and according to the written request of the parties. The documents will be drafted in short, in due terms and will be subscribed by both the porter and the party. 1. The example of the decision-making decision will be entrusted to a person and will not be able to leave for example in the house. 2. In the epistle, in which the following is notified about the appointment of curator it will also have to be made aware, that the execution when and where it was carried out. 3. When against state according to art. 25 seizure is made, the portarel is obliged to collect the legal representative of the State, by registered letter within 24 hours from the execution, the portarel neglecting the fulfillment of this formalities because the administrator financial cannot represent the State, as a competent person, for such legal acts, the execution must be cancelled. See also art. 35, as well as art. 5 novela, then art. 5 lit. h) the law of the Court of Cassation [Sibiu Court 915/925]. 4. The claims of individuals to the state can be pursued by process, without consideration in art. 63, the law Cont. public gen. [Court of Appeal Cluj S. III 1259/1924] + Article 26 The execution will be taken minutes, in which the following will be recorded: a) the execution of the name of the parties, with reference to the ordering decision and if the execution is based on a complaint [the rogatory commissions] will also mention the delegation decision; b) the place and the day of execution, showing precisely the time when it started and when the execution was finished. In larger cities, the place of execution will be mentioned by indicating the street, the number of the house, possibly the constituency; c) the name of the carrier and of the parties that were present, or of their representatives, shall be shown; d) the indication of their bonds and accessories, for which the execution was ordered; e) precise description of the execution measures; f) the requests of the parties and any interested parties, as well as the objections relating to the matter, to be shown as soon as possible. The minutes will be signed by the portarel, the parties, or their representatives, by those who have interest and are present and by the witnesses appointed by the portarel, or by the parties (art. 24 24). The refusal to sign or the circumstance that possibly prevents the signing, will be mentioned with the signing of the minutes. The minutes and all the acts of execution, can be seen by the parties and by those interested or by the representatives, and about these are given the opportunity to take children out on their own account. 1. Apart from art. 69 is not obligatory to calculate the entire claim in the minutes. It will show only the capital and the acc. [[See art. 110-173 110-173]. 2. The minutes will be on the spot, this lack attracts the nullity of the procedure. [[430/912]. + Article 27 The execution expenses, the convicted one bears, even if he was not separately sentenced to pay the costs. With the submission of the application for execution, as well as on the occasion of any measures, the expenses arising will be counted and determined from the case by case separately, for which the porter is obliged that within 3 days from the end of the procedure, to submit the documents the judge of which he was delegated. The Court will determine the expenses of the procedure, in which the taxes and expenses of the bailiff ^ 1 are also understood, and about it will endorse the parties, and if the procedure is needed to continue, the port file will be delivered. _________ ^ 1) See art. 20. Art. 4 of the novella of 1908 completes art. 27 27 above with the following provisions: If the execution tends to collect any money, which does not pass the amount of 50 ^ 2) of lei without accessories, or whose object, or right for which the execution is made does not pass, without accessories, over the amount of 50 lei, the following cannot be difficult and nor can it be established in his charge the expenses made with the presence of the pursuer to any measure of execution. _____________ ^ ^ 2) [100 kroner]. in respect of the values we took the ratio of 2:1, as was the exchange of the crowns in the year 1920. These provisions will also apply to the continuing execution of that case. The value of the object in execution shall be determined without listening to the parties, according to the rules contained in the civil procedure in force. No appeal shall be allowed in this matter. ((art. 5 5-8 of pr. civ.). Article 16-20 of the Reg. adm. publ. for the Porters Service. Article 16. The porters will bring to fruition the enforceable titles of all courts, without distinction, they will carry out the protests for the bills, make the summons, the commands, the notifications and all the judicial proceedings or extrajudicial and enforcement data by laws in the fall of judicial agents, either by the request and intercession of the parties, or after the commission that will give them justice, conforming in their works to the regulations prescribed by the laws. They will also be able to give through the agents of the body, namely for this, the citations, the decisions, the summons, the commands and any acts that are not reserved for the porters through the provisions of the laws in force. In this case the agent will work under the responsibility of the porters, according to the rules established by the civil procedure code. Article 17. The porters can only be instrumental in the court's constituency besides which it works. If they are to be charged with carrying out an act of procedure, in a county other than the court of which they belong, they will be charged with it on the gates of that court, through the organ of the head of the porters. When, however, it is an act of tracking or execution that has to be done in another county, they will refer to the president of their tribunal who will comply with the prescriptions of art. 35 35 of this Regulation. Article 18. The porters will not be able to handle either in their own cause, neither for or against the top and bottom relatives or afini, nor for or against the collateral relatives or afini until the 4th degree inclusive. Article 19. The porters are responsible for the acts and instruments that will be entrusted to them by the parties and for which they will give the receipt to the return of the documents will take the receipt receipt. ^ ^ Two. -Duties of the Head of Portarel Article 20. The head of the courthouse gates has the general administration of the port body. He has the right of control and supervision over the courthouse gates and all the officials of the body. He will lead and apportion the works and in need he will execute himself part of them and sign the correspondence of the body with the other authorities. In the glue, he is replaced by the oldest portarel by the court, or by the one he will delegate to the ministry of justice. 1. Execution expenses-although the process ones were stopped each other necessarily supports their pursuit. According to this art. are counted in charge of the following port fees and the application fee addressed to the head of the port. 2. If the execution was tried only, but precisely at the request of the pursuer it was not carried out, the expenses will not be established. 3. The procedure of the portarel becomes final by the fact that it has not filed an appeal and not because the court has approved this procedure or not. 4. When the porter on the occasion of a raid in the province, apart from the city, performs several executions, the daily allowances are due to him. 5. The defendant, who represents the pursuer, can claim intervention expenses and in that case, if the execution is not substituted by the defendant. 6. The expenses of the détente process do not fall to the following. 7. The fees of the acts of attachment fall to the following and are calculated according to the amount of the amount. + Article 28 It is repealed and replaced by art. 38 of the LIV: 1912 law. Both the judge who ordered the execution and the one responsible for carrying out it, at the request of the following is obliged to suspend ^ 1) the execution or to restrict the scope of the execution, if the prosecution proves with authentic act, that the decision, on the basis of which s ordered the execution is changed, removed from force, or restricted, by a final court decision. ____________ ^ 1) ("Suspended" shall be construed as "ceased"). In these cases, the court may order after the circumstance and the removal from force of the execution measures already enjoyed. The following can ask for the restitution of damages that were caused to him by provisional execution and during the same trial even before the courts of appeal. + Article 29 As for the effect of the ordered bankruptcy against the convicted party, as well as the effect of the execution condemned before the bankruptcy order, the provisions of the bankruptcy law will be applied (art. 1 1, 12, 13, 52, 152, 153, 175, 176, 238 of the law XVII: 1881). 1. The rightful effect of declaring bankruptcy extends to all buildings, which are the object of execution, of bankruptcy. 2. See art. 22 bankruptcy law. Against bankruptcy, no execution can be carried out, nor the one started continues. + Article 30 It is repealed and replaced by art. 50 of the LIV: 1912 law. When the right of execution of the pursuer was extinguished in whole or in part or was suspended by granting a deferral, the following party may file action at the court that ordered the execution, in order to cease, restrict or suspend the execution: a) when the execution was ordered on the basis of a judicial decision, if the request is based on a fact, which arose when according to the norms of the civil procedure it was not possible to validate in the process procedure prior to the decision; b) when the execution is ordered on the basis of a court transaction, if the factual circumstance invoked was established after the end of the transactiation; c) when the execution is ordered on the basis of an act written by the notary public, the request for termination or restriction will be given to him and then if the conditions of the executability are missing altogether or in part. Art. 113-122 of the law XXXV: 1874 and art. 29 Leg. VII: 1886 are repealed ^ 1). __________ ^ 1) Abolish the exception provided by art. 143 of Law XXXV: 1874. In the appeal of the appellate court that upheld the first decision, no application for revision is allowed. The sentences by which the execution is extinguished, restricted or suspended, have the effect referred to in art. 38, 41 and 43 of the present law, (i.e. 28, 36 and 40 of the leg. LX: 1881). 1. It is a new provision in terms of actions, which may be submitted in the case of execution ordered under the public notarial act. 2. On the basis of an administrative act cannot be required to extinguish the execution effect. 3. For the case when the decision to order the execution is annulled, the process of extinguishing the execution effect must not be submitted. 4. Not to confuse art. 30 30 with art. 168 of the present law, which concerns the real rights of c.f. 5. According to art. 104, from pr. civ. ard, procure the date of the lawyer extends to the execution procedure-if not stipulated otherwise-as well as to the processes born of this execution. [Brașov Jud. de ocol C. 4301/1926]. + Article 31 The action, which tends to extinguish, restrict or suspend the execution, only then has suspensive power over the continuum of execution, if the fact proves to be an authentic act, or private act with full evidentiary force, submitted in original; and at the same time the action is submitted within 3 days, counted from the execution, that is, from the date of the delivery of the decision, through which it is known to intabulate the right of execution in the funduary books or if the right of execution is ceased on the basis of a fact, subsequently presented, then the action shall be submitted within 3 days, reckoned from the end of the execution carried out after the fact, on the basis of which the right of execution ceased, that is, from the handing over of the decision brought by the court or portarel. The Court, in the decision by which the action is fixed, is pronounced whether the action has suspensive effect or not and as long as it suspends the continuation of the execution, it is obliged to collect without delay on the portarel, namely the authority pregnant with execution. The original act, by which the action is based must be retained by the court. The action submitted with obvious bad faith for the extinction, restriction or suspension of execution with suspensive effect, will be punished with a fine up to an amount of 500 lei. 1. The court is also obliged to examine the content of the act, which is fit for suspension or not. 2. If the execution is carried out in another place, in another judicial district, the 3 days required by the law will be counted from the date of the post, when the action was sent, because according to art. 30, the lawsuit is filed with the court that ordered the execution. + Article 32 Carrying out the execution cannot be stopped by opposition, exceptions or resistance. If he finds himself in need, to carry out the execution, the porter can open the camels and tanks of the following and keep the search. In case of resisting the execution is carried out with the help of the nearest police body, of the commune or of the respective county, to which the delegate is addressed directly. If it is the need for armed force, the porter is obliged to ask this through the head of the court, who delegated it. In the case, if the execution has stopped by resisting, the portarel is obliged to make a special report, in order to start the criminal procedure. 1. See art. 165 165 Code pen. celce opposes, is indebted to pay and damage caused by his attitude. 2. Denunciation will address directly to the prosecutor's office. + Article 33 At the royal palace and in general at the edifices belonging to what the Royal Court, or in the living quarters of the members of the royal family, as well as at the home of those who have the right of exteritoriality, the execution can be performed only by the portarel the first butler of the court, or by a judicial body, referred to by him. ^ 1). ___________ ^ 1) Today has news only regarding those with the right of exteritoriality. In the buildings that belong, or are used by the army, the execution can be carried out only after the knowledge of that commander. The commander can send a person belonging to the army, to assist in carrying out the execution. + Article 34 It is repealed and replaced by art. 40 Leg. LIV: 1912. Against the decisions of the courts given during the execution, as well as against the execution ordered on the basis of an act of public notary, appeal is admitted, in the amount of appeal it is not excluded by law. The appeal, filed against the decisions given during the execution by the detour court, is tried at the court, and the appeal made against the court's decision, as it is admissible, is tried at the Court of Cassation. In the contrary to the decision to order the execution, if it was done on the basis of a rogatory commission, of a court abroad, the appeal can be submitted within 15 days. In this case the appeal will also be given then, when the second court confirmed the decision of the first court. This norm will also apply to the decisions of the second court that are brought following the appeal made against the decision of a brought about the executions submitted within the meaning of art. 30 of the law LIV: 1912 (i.e. art. 10 of the leg. LX: 1881). As far as the law does not have another way, against the border date in the second instance, there is no remedy. In the contrary to the judgments of the second court, by which the execution was ordered-the execution of insurance as well as the sequence,-appeal is allowed. As regards the appeal, the provisions of the civil procedure will apply. In contrast to the measures, provisions or decisions of the port, the appeal can be appealed. Art. 34 of the law LX: 1881 is abolished. 1. No appeal shall be allowed against the decisions brought under art. 44 and 104 of the present law. 2. We need to hold tight. The appeal can only be made against the measures or decisions taken by the port. Thus, if the porter makes any irregularity the appeal is upheld. In the case of court documents, no appeal is allowed but appeal. In this regard, the letter of the law does not comply, because the appeals are addressed in the majority against the provisions of the court, of course very wrong. Per analogy-it could apply here-the sentencing provision of art. 99, compared to celce makes a challenge with bad faith. 3. Justification for the escape of the term of appeal is not allowed (1782/1906). 4. The decision of the tribunal, the date in the second instance is final. See art. 79, the law for the Court of Cassation. Against her, however, appeal is admitted in Cassation. 5. Several court decisions, through a single appeal, cannot appeal. It's grounds for rejection. ((1093/912). 6. The court, once bringing a decision, neither ex officio nor on request can return to it, even if it is wrong date. The case provided by art. 333 pr. It is a case of disciplinary procedure. (447/1915). + Article 35 The appeal must be submitted to the judge, or the porter, within 8 days of the measures and the prejudiced provisions, or from the delivery of the decision-making decision, the port being obliged within 24 hours, to submit The court documents accompanied by his report. Art. 35 in paragraph 1 is completed by art. 5 of the novella of 1903. The appeal can also be made orally, before the porter on the occasion of the damage procedure, and the portarel is obliged to record it in the minutes. Article 35 al. 2. The competent court, in accordance with art. 18, within 8 days he will judge the appeal and if he has to listen to the parties or on the portarel, and if he cancels any act of procedure of the delegate as unlawful, at the request of the parties and after their reckoning, the portarel may be forced to pay the pricinuit expenses, within 15 days. In art. 35 is added art. 64-87. Reg. Corp. Port. Article 64. ((from reg. Corp. Port.). The porters are personally liable to the parties, both for the acts declared null and made by means of their intercession and for the timely failure of the acts and procedures with which they were assigned and of which the case would result Parts. The porters are also personally responsible for the facts and mistakes of the agents who have charged with making or carrying out the acts. Article 65. The porters are responsible for the documents and documents that will be entrusted to them by the parties and for which they will give the receipt, upon the return of the documents will take the receipt receipt. Article 66. The actions in charge against the porters for damages caused to the parties with the occasion of the fulfillment or execution of the acts, as well as for the acts and documents entrusted to them, shall be directed to the tribunal by which operates the porcelain, whatever the judicial authority that pronounced the nullity or found the vitium that gives way to liability. Also, the courthouse under which the portarel operates is competent to judge and the claims to be judged against the restitution of the guarantee of the port, in the interval of the three months in which the publications required by art are made. 14 14 of the Regulation. Article 67. The entire procedure for actions in responsibility or for complaints against the release of the guarantee, when such actions or claims, for acts enjoyed by the portarel in the exercise of their function, will be exempt from any stamps and of any other charges and procedural expenses in general. Art. 68. The president of the tribunal or first president, at the courts with several sections on the complaint will fix a day of judgment that he will inform the complainant, putting the term of appearance and the copy on the complaint that will be filed. The defendant's hand. The term of appearance will be from 3-15 days at most and will be put for the defendant at least two days before the day of the judgment. Article 69. The procedure for calling in regard to the pirit portarel, will be fulfilled by the applicant through the organ of the head of the port or the one who holds his place. This, under the disciplinary punishment will immediately put the copy on the complaint for the porter, who will show that he has become aware of the term of appearance. On the case when the pirit porter does not show you, the head of the porter or the one who holds his place will attest that he has notified the pirate the complaint, this attestation justifies the fulfillment of the procedure. Article 70. When the action is directed against the head of the port, the procedure for calling will be fulfilled by the court clerk's body. Article 71. At the day of appearance, the tribunal will take into account the question, before the other trials of the same day Article 72. For damages up to 5000 lei, the courts will judge as a last resort. Article 73. The procedure for notification of decisions will be fulfilled in the manner shown in art. 69 69 and 70 of this Regulation, in person or at the residence of the port and according to the provisions of the civil procedure. Article 74. The term of appeal, if the damages will be more than 5000 lei, will be 20 days, calculated from the pronouncement when the decision was given to the contradictors and the day of communication when the decision was given in absentia. If the decision was given on a challenge to execution, or on an opposition, the term of appeal will flow from the pronouncement, even if the decision was given in the absence of the opponent or the objector. Article 75. The term of recourse will be one month, which will flow from the pronouncement when the party was present, or from communication when the part was missing. Article 76. The procedure, both on appeal and on appeal will be fulfilled in the manner prescribed in art. 69 69, 70 and 73 of the regulation. Article 77. The final decision can be made after the party's choice, either on the guarantee when the portarel has a guarantee or on the retribution due to the convicted portarel. If the decision is executed on the retribution execution will be done by means of the ministry of justice, acre will withhold from the leafa the due amounts, ordering them to the won party. Article 78. For the damage caused to the parties with the occasion of the facts enjoyed in the performance of the function, the retributions of the porters, can be traced to the third part. Article 79. If the decision is executed on the guarantee, the porter will be obliged to complete the guarantee within 15 days from the execution of the decision, when the fact for which he was called to court did not attract the dismissal. Article 80. The president of the tribunal will immediately communicate to the ministry of justice the decrease that suffered the guarantee of the convicted portarel, as well as if he did not complete it within 15 days, to take in the latter case the due measures. Article 81. Apart from the disciplinary penalties prescribed by the judicial organization law and which will also apply to the porters according to the gravity of the cases, the porters will also be able to be subject to fines, for the benefit of the tax office, for contraventions to the provisions this regulation. Article 82. The fines will be handed down by the judicial authority that found the contravention on the occasion of trial. Art. 83. The president of the Court or tribunal or the court, after the judgment found the contravention and pronounced the fine, will immediately communicate the case to the ministry of justice, also showing the fine to which the porter was subjected. The ministry will pay the fine to the State House. The conclusion that finds the conviction to the fine is final and enforceable; it cannot be appealed either way, either ordinary or extraordinary. Article 84. The porters cannot refuse their services for the acts they are directed to do. The violation of these provisions or the unjustified delays in carrying out the acts will be established with a fine of 200-3000 lei, apart from other disciplinary and compensation penalties to the parties for the damage caused. Article 85. The porters will also be punished with a fine of 200 to 3000 lei, apart from other disciplinary and compensation penalties to the parties: 1. In case the trials are postponed due to failure to perform the procedure on time or in accordance with the law. 2. When any act or operation will be cancelled due to negligence, mistake or non-observance by the portarel of the provisions of the law. In both the above cases, the documents will be remade in account of the porter from whose fault the procedure was not on time or well fulfilled. The Ministry of Justice will be pleased about this to detain from the leaffe of the portarel the due amounts. 3. When the porter will suspend, without legal reason, any prosecution or other operations of insurance measures, or will not conclude the minutes to find the causes of the suspension. 4. If they do not submit or submit immediately or within the time limits prescribed by the regulation, the reefs, acts and minutes will end for the various operations or pursuits. 5. If they will make retributions of money or freedom of reception, in cases stopped by this regulation. 6. If they do not pay at the time prescribed the amounts charged or will not submit to the Financial Administration the taxes due to the tax. 7. If they will be instrumental in their own cause or for times against the relatives provided by art. 18 18 of this Regulation. 8. If he delegates other persons for the making of an act, which according to the law he is obliged to do himself. 9. If they do not keep the registers prescribed by this regulation. Article 86. In the cases provided by art. 84 and No. 4, 5, 6, 7, 8 and 9 of the previous article, the penalties to fines will be pronounced by the president or first-president of the tribunal as soon as he finds the misconduct committed. The presidential ordinance, which finds the misconduct and the conviction to the fine, is final, it cannot be attacked on any path. This ordinance will be communicated to the ministry of justice and to the head of the respective porters, in the face shown 83 83 of the Regulation. Article 87. The charging of the documents will be done personally by the port. They are subject to the penalties provided by the Criminal Code, the porters who will charge higher or unforeseen fees by the laws and regulations that fix them. In addition to punishments, they will still be obliged to pay back the amounts charged more. 1. In the case of an illegal auction publication, the appeal is admitted. If the irregularity is obvious, the porter will be obliged to expenses. If the appeal is unfounded and the parties have been heard, the objector will pay the expenses caused. 2. Contestation can also be given at the minutes. To this end, for her trial, the porter will urgently submit the acts of the court. 3. In the procedure of execution the end of the appeal is 8 days regardless of when he took note of the act of the port. So the appeals filed over the 8-day deadline will have to be rejected as late. (30/1903 Gyor). 4. ex officio the porting procedure will not be able to be cancelled. [Budapest Court 8436/1905]. + Article 36 It is repealed and replaced by art. 41 of the LIV: 1912 law. Until the final resolution of the appeal, with the exception of the case mentioned in art. 104 of the law LX: 1881, the auction cannot be carried out, the amount resulting from the execution cannot be used for the indestulation of the pursuer nor the ordinance at his hand; if the execution tends to the restitution of fungible things or effects, only the seizure of the object of conviction and its placing under the seals is admitted, and if the object for which the conviction was made no longer exists, the seizure for the equivalent of the object is admitted. If the law LX: 1881, or the present law does not provide otherwise, the provisions of the preceding paragraph shall apply to each case, when the law assigns suspensive effect on the execution following an act of procedure of the parties or according to the civil procedure or According to the law, the judge will suspend the execution in the course of the proceedings. 1. This art. contradicts art. 37 of the present law. 2. Late contestation has no suspensive effect under any conditions. 3. As regards art. 34, 35 and 36 of the executive law on January 25, 1888, was given a presidium order from the then government under No. 1605, which clearly states that tenders will be fixed for a longer term, so that tenders can still be resolved in the time, before the auction. So, if within 8 days, the fixing of the auction has become final, it cannot necessarily hold, normally being actionable with appeal. For this purpose the portarel will follow the term and after the passage of 8 days, will note on its acts that the appeal has not arrived. 4. Constestation can also be taught to the portarel. 5. Cade in the award of the head of court to control the urgent regulations of the auction publications. + Article 37 The appeal, filed against judicial decisions, has suspensive effect only on the issue of the price, resulting from the auction held on furniture, on the auction of the real estate auction, on the divestment of receivables poprite in the favor of the party pursued, as well as on the ordering of cash money, on the handover of the object of the pursuer and on the execution of escontentation against the portarel convicted according to art. 35. The appeal filed against the decision of ordering has suspensive effect on the auction of seized mobiles. Against the judgment brought by the first instance, by which the decision given by the court of two confirming or reformulating the judgment under appeal is executed, and which if it orders the tender, the divestment of the claims made in favour of the pursuer, of the order of money or surrender of the object executed in favour of the stalker, no appeal is allowed. 1. This art. has been amended by art. 41 LIV law: 1912 last paragraph. which provides that the appeal has suspensive effect and so the tender cannot be held if it has been appealed. The appeal will have the same effect, which is apparent from the last paragraph. of art. 41. 2. See the explanations from art. 36. 3. It shall not be possible to execute under any conditions the acts provided by art. 123 123, 125, 169, 201, 215 and 221 in case of appeal. 4. Art. 37 gives us general references about the effect of the appeal. Details contain art. 38 38, 40, 115, 119, 176, 186, 199, 236, 239, 244, 251 and 252. 5. Immling, in the explanations of art. 37, claims, that the appeal introduced against the execution, or against the decision of ordering the intabulation of the executive law, has no suspensive effect on the ordering of the real estate auction. 6. The appeal in cassation can be submitted only then, if there are the conditions of art. 24 of the Court of Cassation Act. Thus must also be explained art. 103 of the Constitution. [Casatia S. II. Nr. 267/1927]. + Article 38 If following the appeal, the procedure, the provisions or the decision of the portarel shall be annulled, that is to say, the appeal submitted by the pursuer in this regard only in so far has suspensive effect, in as far as the acts of execution made, remain with a legal effect until the appeal is resolved. 1. Although the law does not say, it is obvious, that in this case it is the decision given in the first instance, on the appeal, because the second decision is final. 2. If appeal is made, the act of the port, even annulled by the first instance must be maintained until the appeal is resolved. In case it is a continual act of the porter and it has been cancelled, it will have to be repeated. + Article 39 It is repealed and replaced by art. 42 of the LIV: 1912 law. For the continuation of the execution has suspensive effect shown by art. 41 of the present law (art. 36 leg. LX: 1881) and that court decision although not final by which it was reformed, it was removed from force, it was annulled or the extent of the border was restricted, on the basis of which the execution was ordered. If the court decision restores the provisions of the border, on the basis of which the execution was ordered, it must be continued. The last alignment of art. 38 of the present law will also apply in this case (it is understood the law of LIV: 1912). 1. Instead of art. 36 of the present law came into force art. 41, and instead of art. 28 was introduced art. 38 of the LIV: 1912 law. + Article 40 It is repealed and replaced by art. 43 leg. LIV: 1912. The execution in return shall be admitted, if the decision on the basis of which the execution was ordered and carried out, has been reformed, taken out of force or restricted by a final court decision. In these cases the execution in regression will take place and if the pursuit voluntarily has indestulated on the pursuer, to prevent its execution, but only when the indestulation was done through the intercession of the court or was made during the execution in front of The porcelain, or this one can prove by genuine act. The execution in regression is made according to the norms established for execution in general. The last paragraph of art. 38 of the present law will also apply in the cases provided by this article (see art. 41 41). 1. The purpose of the execution in regression is to render the following by way of execution that which was taken from him by the execution carried out. 2. If at the time of carrying out an execution the wrong thing has been taught, for playback it can be ordered the execution in regression (1958/78). 3. If for example following a court sentence, given in court the second, the prosecution had to pay costs, but the Court scrapped the decision in favour of the following that the debtor will be entitled to compensate the amount paid in expenses, as payment to his duty. (1905). + Article 41 The convicted party is referred, as before or even after the order of execution to do, through the intervention of the trial court, the payment of the amount to which it was convicted. If for this purpose both parties are presented in person, after having established the identity of the recognized parties, a report will be made about the payment of the payment, which will be subscribed by the parties and will join the file. Those who pay, can also ask for the download receipt. If only the convicted party is presented, it will be quoted without delay the one who won, or his representative, and if he does not present himself in person or through a procurist directed to receive money, the convicted party is entitled to depue at the court, at the creditor's disposal the amount to which he was irrevocably obliged, in favour of the winner. The convicted party is obliged to bear the expenses caused to the creditor or his representative on the occasion of his presentation. Thus, the payment can also be made by intervening the court noticed with the execution, but only then, if the creditor or a prosecutor of his or her guide to receive money, lives in the constituency of the court seised with the Execution. The above provisions will apply accordingly and then, when the obligation is not of a monetary nature, but its acquittal can be done without any piedeca in the official venue of the court. Art. 41 is added art. 42 42-45 of Reg. Corp. Port. Art. 42 In case the debtor objects to a prosecution by submitting the value that is required or justifying this deposit by the receipt of the House of deposits and consemnations according to the rules of the civil procedure, the portarel, besides the minutes obliged to conclude, will have to give the debtor a proof of receipt of the appeal and of the recon or of the submitted value and to suspend the pursuit. When, however, the debtor opposes the pursuit without the deposit and the value required, the portarel will finish the pursuit, remaining as the one in which it was made, to appeal the competent authority according to the provisions of the procedure Civilian. Art. 43 When a pursuit or any other operations of insurance measures will be postponed after the creditor's request, the porter will be obliged to conclude a minutes to find this. If on the occasion of the prosecution the debtor makes the payment of his obligation, a minutes in double copy will be concluded, of which one will be left to him and the prosecution will cease. Art. 44 The porters will be indebted, under disciplinary punishment and compensation, that within 24 hours after their return, they will submit to the head of the body gates, at the graft of the respective court, the minutes concluded by the Danes on the spot. Art. 45 When the execution of any act invested with the enforceable title, decisions, sentences or books of judgment would arise from those provided by law, the porter in charge of the work will suspend the execution and report to the court that Lock her up. For the impidecations arising to the suspension of an act invested with the enforceable title or a decision that is executed through the rogatory commission, the portarel will report to the president of the court by the next one 1. The portarel, according to the decision of civil No. 21, will not be able to receive amounts as payment at his hand only to the case of execution, auction or, if the effects provided by art. 121 121. Like art. 108. 2. The expenses arising with payment, made by intervening the court, fall to the following. 3. You cannot proceed according to this art. in case of partial payment. + Article 42 If the prosecution has filed against the sentence that served basic to order the execution of appeal, request for justification or revision, or action in nullity, which does not suspend the execution and also shows that the reformation, dissolution, cancellation or removal from force of the sentence endangers its right of execution in regression, may require that the indestulation or execution of escontentation be conditional on the exposure of a guarantee from the pursuer, and if such a guarantee will not be given, let it is allowed that instead of payment, the amount or the object is executed, and if the object is not appropriate to be filed at the court, to deposit in money the equivalent of the object, which will eventually be established by listening to experts. This application will have to be submitted to the court of the trial and which on the case of need before deciding will be able to listen to the opposing party. As a guarantee-as the parties did not agree otherwise-there will be received money ready or effects declared acceptable as a guarantee from the government, but only in the amount of 2/3 two thirds of the course, nor in a case with a value that surpasses nominal value. The request submitted only then has suspensive effect on the order of execution and on the performance of the already ordered execution, if the amount or object was filed at the court, recte the equivalent of the object in respect of which the conviction was given. Article 44. leg LIV: 1912 modify art. 42 in that the appeal recalled in this art. will understand the appeal, and the disposition of this art., which refers to the process in nullity and the annulment of the sentence, remains without effect. 1) See art. 502, 572, 786 pr. civ. ard., then art. 71 and 83 of the Court of Cassation Act. Article 71. The impricinates will be able to ask for the final decisions given by the Courts of Appeal or tribunals to be put into work, but this implementation will be able to be suspended by the opposing party by providing or submitting the appropriate value in case only when the request for cassation starts. The appeal in cassation also suspends without insurance or the filing of the value of the process, the implementation of decisions regarding the displacement of borders and the abolition of constructions. Also in terms of claim, possession, or any other business where it is not a sentence to a sum of money, the court of which the decision is enforceable will be able following the request of the interested party, to approve the suspension with bail, appreciated by the court, after hearing the parties called to the council chamber. Bail will not be released until after a month from the date of rejection of the appeal, except if during this period the part in law has filed damages action. Art. 83. Introducing appeal in casing against a sentence, decisions or judicial proceedings will be able to be requested and the suspension introduced according to the rules in force in that territory, will be decided by the competent court in accordance with same rules. 1. According to the provision of the law of the Court of Cassation 83. The request for suspension will address the first court always. [Court of Cassation S. III. No. 949/1926]. 2. The suspension may be granted on the basis of art. 71 the law of the Court of Cassation the court that pronounced the final decision, what is executed. [[Casatia S. II. No. 175, June 22, 1926]. 3. The appreciation of the danger remains in the court's attribution. The law does not. 4. In case the payment for maintenance, food rent, etc. is brought into question, no suspension is allowed, the court is necessarily obliged to research the right basis of the claim. 5. In case the claim was transferred, the danger must exist towards the transferee. 6. For the suspension thing to be brought up, it is that the essence should be stored previously. 7. See here art. 127 of pr. Burn.: Article 127. The expense guarantee, only if the parts of the insurance do not establish it otherwise, will be deposited in cash or in effects declared good as collateral. The effects can be received in the amount of 2/3 of the quoted rate above the nominal value. 8. The girl of celce is judged what right of paupertate is no longer required attested by danger. As well as to foreign nationals. + Chapter 2 Execution for cash receivables collection + Article 43 The execution that goes for the collection of money receivables, can be done on the movable or immovable property or on both fortunes of the followed part, at once. In the application for the ordering of execution or in the minutes, written according to art. 7 the pursuer must show the wealth against which he wants to make the execution. If the pursuer intends to make the execution on the movable property it is sufficient to appoint the court in the constituency to which the mobiles he voeste to execute are located. In the decision for the execution order, it will be shown by the capital, the interest, the standard and the term when the interest is due. If the sentence or the transaction, on the basis of which the execution was ordered does not contain the obligation to pay the interest, from the scandency of the term until the acquittal, it is calculated a interest rate of 6% ^ 1). [[art. 35 35 para. I. Copr. Port.] __________ ^ 1) Law on acceleration of art. 49. In art. 43 is added art. 49 of the law's acceleration law. Article 49. The legal percentages will be calculated according to the account of the National Bank augmented by 4% in civil matters and 6% in commercial matters. 1. See art. 49 the law of acceleration. Today dobinda is in civil cases 10 percent, and commercial causes 12 percent. 2. When the execution was ordered on the mobiles and on the buildings at once, the decision of ordering is handed twice to the following. Once, when it is transmitted for the intabulation of the executive right, at the C.F. Section the second time the furniture execution is carried out. 3. Applications can also be made separately. In this case the second application is judged according to art. 117 117. If the first execution has not been carried out yet, the second must still be ordered, but without spese. 4. The conditions of the application for execution on the buildings are provided by art. 135. 5. Although the meeting does not order the payment of interest, in the decision of ordering, on request, it will be provided. 6. After the expenses of the judgment no interest is returned. Exception is the case, when interest rates are fixed in the court. 7. The right of patent will be able to be taken under execution but will be noted in the Register of patents. 8. Pending fruits, being considered as immovable, cannot be taken under seizure, except with the ordering of the real estate seizure on the uzufruit (See art. 295 Code. civ. anstr. and art. 211-212 of the present law). 9. The due date, can be executed, like any other mobile. The rent due in the future can only be taken under seizure with the ordering of the real estate seizure on the uzufruit. + Article 44 If an execution was ordered that was required on furniture, or furniture and buildings, which are found located in the constituencies of several judges, the pursuer can ask that each execution be carried out. If the pursuer, although he was aware that through the execution carried out before on some mobile, his claim and accessories are fully covered and yet carried out the execution in another place, the following can ask from the court that ordered the execution, to be downloaded by the expenses arising with the execution, to be downloaded by the expenses arising with the execution carried out later, and the pursuer to be sentenced to bear the expenses caused. On this request, the court in case of need, will decide after hearing the parties and after the sight of the acts of execution. Against the decision of a date, no appeal can be made. 1. Art. 44-46 is a complex. Namely art. 44 has the case when the consequences of the porters have not yet entered money; 45, when this stage is exceeded; but 46, when the money has already incurs, but cannot yet be released. 2. The appeal against the decision of a date on the basis of this art. is excluded. + Article 45 If the execution was carried out on some mobile, which are found in the constituencies of several detour judges, I enter as much as the claim and accessories of the following party were paid completely from the purchase price resulting from the tender that was held in first, at the request of the pursuer, the other executions will be declared disolvate, and the courts notified will be incunostintate. If the execution is made on the furniture and buildings, and the claim of the pursuer was completely paid, in the course of the auction held on the furniture, the court, which ordered the execution, after receiving the execution documents, is obliged to make the commission rogatory without delay to the competent court for carrying out the execution on the buildings, to order the execution of the execution and the deletion of any notaries of execution, savirsite. These provisions also apply accordingly, when the execution was ordered on some mobile, which are found in the constituency of several courts of the funduary books. + Article 46 In the cases indicated in art. precedent, if the distribution of the amount resulting from the auction is prevented due to the resolution of the priority issues, or if the purchase price resulting from the auction of the buildings has not yet been distributed, the following may ask, that the court the competence for carrying out the execution, to suspend the other acts of execution, if it shows that from the purchase price, with the highest probability, the claim and accessories will be paid fully, for which the execution was made. 1. When following an auction, the pursuer obtained his claim, but there were several executions, in several places carried out, the others consider themselves immediately as a disolate. 2. When the following was met from the amounts entered at the real estate auction, if there are other real estate auctions in progress, the following will have to justify the payment made, as the C.F. court does not notify the other court ex officio. The other securities, however, can continue to be impeded not only by petition, and even by way of appeal. + Title I Execution of furniture + Article 47 Sequestration of movable property, is made by their conscription by the delegate on the spot. Sequestration from the moment of conscription, gives a right of pledge on the said objects. If the value of the objects that are executed, is so small, that from what can be foreseen, there would be no greater coverage, than the auction expenses, the seizure must be removed. The right to indicate the objects that will be seized, the pursuer has, even if his claim is already secured by pledge or mortgage. When the execution is carried out ex officio, without the stalker being represented, the right of indication has the portarel. The seizure will continue until the stalker stares, and if the execution is carried out ex officio, until the claim and the accessories will be covered. The objects that the stalker, or someone else, declares that they are not the property of the wanted, or for other reasons may be assumed to be the property of others, only then can they be seized if the other mobile of the one pursued does not present Enough cover for the claim. The execution minutes will pass the names and homes of those with alleged claims. 1. The stalker is not entitled to suspend the furnishing execution procedure in order to continue it the next day also there, but later. [183/1906 Borsodi]. 2. In art. 47-134 the procedure of collecting money receivables is provided. Before the auction is inherent execution. The right of legal pledge cannot be validated otherwise. 3. By execution it is obtained as a pledge, from the very moment of conscription of objects. It is important to the case provided by art 87. 4. The law does not fix the value until which it can make the execution, to which the pursuer or his representative is present. At the execution, however, the law says, that until the claim is covered. 5. When an object only in part forms the property of the pursuit, that ideal part will be seized. + Article 48 The objects that are in the detention of the wanted can be seized without any condition, and the mobiles that are in the detention of a third person, as a rule only then can be seized, if the third person consents. The execution will also have to be carried out if the detente part resists, if from the evidence brought from the following side is made verosimile, that the objects that must be seized are the property of the following. It will be known in this case the detente or the persons of the house, or the curator appointed by the portarel (art. 24 24). The Detentor has the right to appeal and appeal against this act of procedure and if following his appeal, the procedure of the port is annulled, the appeal directed against this decision does not suspend the release of objects from under seizure. If it is not made verosimile that the mobiles that are in the detention of the third person, would form the property of the following, the resistance against seizure will be passed in the minutes and the detente is responsible to the pursuer for the damage caused by its resistance, starting from the date of preparation of the minutes. The claim of damages can be validated on the ordinary course of trial (Art. 42 42-43 Corp. Port.) (Society in collective name, art. 95 law XXXVII: 1875. The private creditors of the single members belonging to a company in the collective name cannot take into the insurance seizure, the escontentation neither the objects, the claims, the rights belonging to the company, nor the part that is due to it Single members. -For insurance or indestulation only interest, salaries or tantiemas and dividends that are due to single members or in general, or at liquidation, serve their creditors. -The rights, which were formed on the objects given to society by the singular members upon their entry into society, remain untouched). --art. 239 239). In art. 48 is added art. 42 42-43 Reg. Corp. Port. Article 42. In case the debtor objects to a prosecution by submitting the amount required, or, justifying this submission by the receipt of the House of deposits and the consemnations, according to the rules of the civil procedure, the portarel, besides the minutes that is obliged to inchee, will have to give the debtor a proof of receipt of the appeal and of the recipher or the amount deposited and to suspend the pursuit. When, however, the debtor opposes the prosecution without submitting the value that is required, the portarel will finish the pursuit, remaining as the one in which it was made to appeal to the competent authority according to the provisions of the civil procedure. Article 43. When a pursuit or any operations of insurance measures will be postponed after the creditor's request, the porter will be obliged to conclude a minutes to find this. If on the occasion of the pursuit of the debtor makes the payment of his obligation, a minutes in double copy will be concluded, of which one will be left to him and the prosecution will cease. 1. Verosimility required by this art. will be made by statements of witnesses. 2. For the precise establishment of the circumstances of the detention must be applied with great account art. 26. 3. Execution only in that case can be cancelled on the basis of this art. If the things of another were executed, being in the detention of another, and the verosimility was not done. 4. According to art. 34, appeal will be made, if the porter refuses execution. In this case it is also materiallically responsible, if later things disappear. ((See also art. 386 Criminal Code). 5. The orderly execution against a company cannot be extended to the wealth of the members of the company. [[B. 4761/1912 4761/1912]. 6. On the territory of Cod. civ. austr. is admitted the execution of the inheritance not yet handed over to the successor. [[B. 1905 1905]. + Article 49 As long as the marriages live together and in the case, when the execution is directed only against the husband, the mobiles, which are in their common detention, can be seized, apart from jewelry and silver, precious objects and rochi marked with his name. Wife's monodrama: and those mobile, which according to their obvious nature are intended for female use ^ 1). If the execution goes against the wife, jewelry and silverware can be seized, as well as precious objects, and dresses marked with her name or monograms and those mobile that after their obvious nature are intended for use. Women, then those mobile about which the pursuer makes verosimile, that they form the property of the wanted wife (art. 92 92). ___________ ^ 1) This provision does not repeal the right of the wife, to bring the action of a party, to be able to prove her right to executive property. The basis of this provision is not found in Hungarian civil law, where there is a co-acquisition of goods. But the norm is taken from the Austrian civil code, which until the wife proves the contrary, considers all the property as the property of the man. Naturally with the exception of those mentioned above. The things of clothing for children cannot be seized, which live together with their father or mother, who are followed: 1. See the provisions of art. 96. 2. The wife will be able to make the escinders process and prove her ownership. 3. In the postav shop, what is the wife's property, the execution for the husband's debts cannot be directed. [[Bp. 44.357/1889 44.357/1889]. + Article 50 The mobiles will be recorded in the minutes under the number of orders, in current positions, indicating the camels or other rooms where they are found. Each position will be inserted in the minutes of execution, being indicated as accurately as possible the objects by quality, quantity, by piece, number, weight, measure or after other determinations. Mobiles with a lower value and of the same nature, can pass under a single position, but the grouping must thus be made, incit the received value of the total position, not to pass over the amount of Lei 100 ^ 1). ___________ ^ 1) In the text is florins. The delegate only scores the mobiles that have been seen, numbered or measured by him. 1. Conscription is detailed so that objects can be identified. + Article 51 It is repealed and replaced by art. 2 of the execution novella of 1908. They are exempt from execution and cannot be executed with the consent of the following: 1. Objects, which are destined directly to the divine cult, as well as for the exercise of divine worship in the house, the prayer books, the equipment intended for the place of divine worship, the ornaments of tombs and crypt, as well as the necessary objects for the burial of the one followed or the persons 2. Religious relics and family portraits; 3. Insignias of the order, medals and other decorations; 4. Stampees, seals, documents, books, business books and other purpose, assortments and other objects belonging to and are necessary for a public or private office, or to institutes and shops, as well as other assortments belonging to the offices public or private. 5. Uniform necessary for the performance of a public service, or the exercise of a profession, also the garments required of persons who do the religious service, so that they may exercise their profession; 6. Weapons, equipment, tools, supplies, carriages and horses of those individuals, who belong to the army, gendarmerie or do security service to other authorities, and as they are necessary for the exercise of the service. 7. Books, documents, models, requisites, instruments of officials, public and private officials, priests, doctors, engineers, writers (authors), artists and in general all persons who have a scientific profession and artistic, then of midwives, in as much as all these are necessary for the exercise of their profession; 8. Arrangement, instruments, vessels (tanks) and stock of drugs of pharmacies, as they are necessary, so that the executed one can continue the operation of the pharmacy; 9. The installations of hospitals and public health institutions, as well as hospitals and private sanitary institutions having public character; 10. The furniture in the house and kitchen, the dishes, the cookery for cooking, the cutlery, the stoves, the vets, the necessary items for clothing, the necessary whites in general and for the beds of the following and those who live with it together; 11. Medications and other serums, as well as the necessary devices following a disease or bodily defect, pursuits or those who live with it; 12. The books and school supplies of the following or the other persons of the house; 13. The weapons necessary for the continuation of the trade (profession) and for personal safety; 14. The instruments, the instruments, the requisites, the animals necessity of small industrialists, craftsmen, workers and industrial day labourers (factory) and in general all those who support themselves with their arms, in how much these are necessary for the continuation trades, then the material of work necessary for small industrialists and craftsmen, up to the value of 75 lei; 15. Food, heated and lit objects, necessary for the following and those who live together, in a month; and in their absence from the money executable, the amount necessary for their purchase; 16. Of the cash, the amount necessary to pay the rent for a quarter of a year both to the following and to those who live with him; 17. After the free choice of the following, a cow, or 4 sheep, or 4 goats, or 4 pigs, as well as the fodder, straw and bedding necessary for their maintenance for the duration of 6 months, and in the absence thereof, of the cash, the amount required for the purchase 18. Samanta, the shooting animals, the fodder, the straw, their litter for 6 months, also the agricultural tools and the garbage required for those who deal with agriculture, for the cultivation of the building by them or others, but which cannot have an area of more than 12 cadastral jughers; if the seed is missing, from the cash, the amount required for its purchase; 19. It cannot be executed in persons whose total or partial allowance is exempt from execution, from the cash found to them, the amount corresponding to that amount exempt from the execution, which is fixed during the time the execution, up to the nearest maturity of the allowance; 20. All goods (objects) that are exempt from execution by special laws. 1. The claim that is necessary for the living of the pursuit, cannot be executed. 2. The wood cutting machine can be executed, because also with the saw can be cut wood, and it ensures living. Like the car, too. [[Curia 3062/1910 IV]. 3. You cannot execute the butcher's cart, with which he carries the meat. 4. Provisions of art. 2, 10 and 15 novela, cannot be interpreted extensively. 5. Art. 2 of novela also applies then, when seizure is made for the outstanding rent. 6. Hornarit fees, due under a contract, can be seized. Art. 3 of the novella of 1908. All the things indicated in art. 2 (precedent) for the collection of the object price, if the court, which ordered the execution, on request, declares it to be subject to the execution by the decision ordering the execution, or later by separate decision. In the case referred to in point 2, of art. 2 novela (i.e. 51 of the law LX: 1881) are subject to the execution of the frames, as they can separate from relics or portraits, without touching the substance. The cash, indicated in paragraphs 15, 16, 17, 18 and 19 of Article 2 (precedent), can be reduced by half, if the execution is ordered in favor of the one, which the pirate based on the law or legal plant, is obliged to maintain, or if it is Collect maintenance for the natural child. In the case referred to in paragraph 19, art. 2 (precedent), the amount left to the following must be compensated according to paragraph 15 ^ 1). ___________ ^ 1) In accordance with the other laws you cannot seize: The minor's fortune for the parents ' claims: 12, 25, leg. XX: 1877. Items stored at warehouses: art. 450, leg. XXXVII: 1875. The money stored at the Post Storage House, if it does not pass over the amount of 2000 Lei, art. 24 of Law IX; 1885 and art. 2 of Law VIII: 1898. The tools of the gardener cultivating the garden with tobacco plants, as well as its animals, 23 of Law XXIX: 1900. Pharmacy rights, art. 130 130 of Law XIV: 1876. + Article 52 Postal law, then vehicles, stocks and supplies intended for postal service, postal and transport fees, collected on account of the State, office and transport allowances of postal supervisors, are not likely to be executed. Cash and other values, handed over to the post for shipment, refundable postal amounts, amounts mandated by mail or telegraphy, cannot be executed. + Article 53 The concession of industry only then can be seized, if the industrial regulations in force admit the divestment validly. ^ 2). ___________ ^ 2) Pharmacy concession, according to art. 130, leg. XIV: 1876, you can't sequester. See health law v.r. In what way the objects of the Kingdom of the State Monopolies and the instruments of production or sale, or the lottery win and the goods that are under customs administration, are subject to the execution, shall be shown by the monopoly laws in force. ^ 1). ___________ ^ 1) See the law of the State of the Monopole 1. In Transylvania salt, tobacco and tax stamps, postage can be auctioned only according to the provisions of the law of Monopole R.M.S. 2. The right of pharmacy cannot be executed. 3. Cistigs in lotteries can be watched. + Article 54 It is repealed and replaced by art. 6 from novela. Regarding officials, state officials, county, commune, then priests, teachers and teachers, state schools, communal and confessional public schools, persons belonging to the army, gendarmerie, prison institutes and correctors, officiants and other impiegates who have the payment by year or month, or receive monthly salaries, belonging to the railways installed with motor power in public circulation, to the motric power enterprises; direction from the artistic and administrative section, drama artists and opera with independent roles, coristas and musicians of the national theatre and state opera, also lower officiants and ordinances in public office, cannot be executed their regular leaffe and the addition having a leaffe character, regardless of the title under which they are received, as well as the competencies in a state of availability, than one third and this only then, if they reserve for the one executed 1000 lei annually. (See the changes below. Today 1500 Lei). The rent allowance of persons shown in the first paragraph, can be seized only for the rent claim, and the other allowances, received after service, generally cannot be executed in any case. If any of the persons indicated in par. first, in order to build or buy his dwelling house, submit in pledge his rent allowance and for this to obligation in authentic act, it is admitted for the collection of this claim and the execution of the rent allowance. When the execution is made on the allowances of the above indicated persons, the claim that derives from an advance of high leafa, has no right of preference before the claim of the executor who has acquired the right of pledge allowance before the ordering of the advance; however, they prefer those claims, resulting from the service report, especially the service fees, the payment surpluses, the refunds as well as the fines and the money penalties, compared to the claims, for which the right of pledge on the allowance, before the other claims. They also have a preference over claims invested with lien, claims resulting from sanitary levies (Leg. XXI. 1898), as well as the other claims fixed by special legal provisions. The claims indicated in the previous paragraph can be considered without consideration to the limitations of the allowances mentioned in this law. Relatively at the limit, special provisions are applied, given in this direction. In the absence of such provisions, no more than 20% of the amount that is not subject to the execution may be executed. ((See ord. given below). 1. When the official is wanted for the rent arrears, the share that is due to him as rent from the state, can be paid in full. 2. The future revenues of the notary public cannot be seized. 3. The public servant's rent share can only be traced for rent. + Article 55 It is repealed and replaced by Article 7 of the Novels. From the pension or pensions given by clemency to the persons indicated in art. precedent, as well as the other additional personal allowances, acquired as a result of retirement, thus also the retirement pension of priests, can only be possible in one third and if the amount reserved for the one pursued, except the seized one, makes Lei 600 ^ 1). ___________ ^ 1) Modified at 900 Lei. Below is the ord. min. 5961-917. P.M. If these persons, instead of a pension receive escontentation (permanent indestulation), or persons, who belong to the army losing their rank, receive the pension through clemency, from the point of view of the execution are considered as pensions. If the escontentation (definitive indestulation) has been fixed in the amount of the 2-year allowance, then the part subject to the execution must be established for each special year. This will also be done in the case, if the pension is redeemed. ((Art. 28 and 31 leg. XI. 1885). In the cases of the previous 3 aligned, paragraph 3 and 4 of Article 6 (precedent) should be applied accordingly. Pensions, pensions by clemency, escontentations, pension redemptions as well as allowances for raising children (art. 39-44 leg. XL: 1885) given to the remaining widows after the persons mentioned in art. 54 54) art. 6 novela, are not subject to execution [Law I.O.V.] + Article 56 The allowances given to the disabled for food, the additional allowances of the injured, the allowances after the bravery medals, the retributions or the esmetations given to the families left after those who belonged to the army, per quarter cannot be seized. from the year of mourning, also the retributions that are due after the service provided by man or parent, the date of widows or children, who remained after the persons indicated in art. 6 novela (art. 56 56). I.O.V. Law. + Article 57 Only one third can be executed, reserving at least 500 Lei annually from interest rates after the bail necessary for the military. In addition to this limitation the seizure is allowed only for the claim to whose payment in the course of the coexistence were obliged both spouses by mutual agreement, or after the termination of the marriage report was obliged the wife. The capital of the deposit, can be executed only with the restriction, that the collection will be possible only after the capital will cease to serve as a bail. Art. 8 of novela, amends the above article, that from the interest rates of a military endowment can be seized only one third and only in that case, remains per year 600 Lei as a reserve of interest. ^ 1). ___________ ^ 1) Modified at 900 Lei. 1) See the law for military marriages. + Article 58 shall be repealed and replaced by Article 58. 9 from novela. If the execution is made for the maintenance pension of the wife, the ascendants or the descendants of the debtor as well as the natural child, the exemptions shown in art. 6 novela (art. 45 45) and in art. 7 novela (art. 55) are reduced by half, and half part of the allowances shown in art. 7 7 (Art. 55) can be seized. ^ 2). __________ ^ ^ 2) Amended to 500, recte to 300 lei annually. They are subject entirely to the execution, the interest that is due after the endowment of the military, for the collection of the maintenance pension of the wife and the descendants, can be paid the interest rates of military equipment, which exceed the amount of 600 lei. ^ 3). __________ ^ 3) Amended to 900 lei. 1. The expenses arising with the maintenance process are the accessories of the maintenance fee. [[B. 1894 1894]. + Article 59 Retributions and allowances due according to the existing rules, to the persons indicated in art. 54 and 55, following a delegation or official travel, are subject to execution, although the payment of these allowances and retributions is not made by a public cashier. The diaries of the porters cannot be poprite. [Cluj 3066/1912]. + Article 60 It is repealed and replaced by art. 10 from novela. Transactions and waivers made from the one followed against the provisions shown in art. 54, 55, 57, 58, modified 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 of the execution made on the salary also extends to the subsequent exchange of lees, pension, pension by clemency, escontentations or pension redemption, without the need for a new court provision, will also change. The velvet of the execution. If the allowance is reduced to the amount, or the amount not subject to the execution, the effect of the execution is suspended but returns with from itself power, if the allowance will exceed again the amount not subject to the execution. The execution loses its effect, if it has remained in pausing for 5 years. 1. When a diurnist becomes a salarist, art can be applied. 60 by analogy. 2. Persons mentioned in art. 54-56 the part of their income, which does not fall under execution, cannot be bound by contracts either. + Article 61 It is repealed and replaced by art. 11 novela. It may be possible at most a third, reserving for the executed 1000 ^ 1) lei annually from the leaffe, or other allowances given for the permanent service, to the persons who are in the public or private service and are not shown in art. 6 Nov. ((art. 54 54). _________ ^ ^ 1) Modified, 1500 lei. In accordance with this article, those who do not have the daily allowance or whose symbrie is not fixed by day, week or by piece will be considered in permanent service. Art. 10 novela, will also apply accordingly to the persons indicated in the first paragraph of art. 60 60) of this Article, and the provisions indicated in the three final lines of Article 10 novela (Art. 60) apply until employees remain at the same company, company or patron. (Regarding the seizure of the allowances of the gardener cultivating tobacco plants, the provisions of art. 11 novela). 1. The advance means the release of the salary earlier. Thus, until the advance is depreciated the attachment has no effect. In this case the status must be shown 2. Provises of commercial agents are popriable. 3. The commercial agent's place, established in a global amount is possible. Articles 62 and 63 are repealed and replaced by art. 12 from novela. From the diurnal you can sequester only the part that passes daily over 5 lei. ^ 1). ____________ ^ 1) Modified at 3 lei 75 bani per day. Simbria that is paid by day or week only then is subject to execution if it is reserved for every day 5 lei. ^ 2). ____________ ^ 2) Modified at 3 lei 75 bani per day. If the payment is made by piece, in case of execution it will be exempt from the subexecution for each day 5 lei. ^ 3). ____________ ^ 3) Modified at 3 lei 75 bani per day. If the execution is made for elementary claims due to be pursued or his family, or for rent, the amounts not subject to execution according to the preceding paragraphs shall be reduced by half. The scales of ordinary soldiers will not be executed. 1. As evidenced by the economics of the executive law, the maintenance enjoyed by a woman and from which she lives, cannot form an object of execution. (1874/1910). + Article 64 No pensions can be executed by clemency and the amounts paid for the benefit and grace of public marriages or foundations, in order to protect the poor, the widows of orphans and in general all the needy, even if they are given by companies, institutes, foundations or individuals. Art. 13, 14 and 15 of novela complete art. 64. 1. It is shown contradiction between art. 55 55 and 64. The provision in art. 63 63 is gentler. 2. The state has the duty of social assistance. The children found are hospitalized in the nursing homes for which the state pays due taxes. These charges may not form the object of execution [B. 72.293 72.293]. Art. 13 novela. -Loans for disaster relief, scholarships, study and travel aid from authorities, institute, unions or associations, are not subject to execution. Pensions or other rente, data of the following for family members, or those left after deceased, by institutions, companies, unions founded for relief, or food, as they are not exempt from execution; then pension or other allowances having a pension character of the persons indicated in art. 11, novela: (art. 61) which the following receives from the patron, only then can they be executed and at most in one third, if they exceed the amount of Lei 600 ^ 1) annually. ___________ ^ 1) Modified at 900 Lei. The pension or other allowances that receive the widows and children indicated in art. 11, novela: (art. 61) from the patron for the services rendered by the man, or the father pursued ^ 2). ___________ ^ 2) The taxes that are paid from the foundation given for the care of the sick in the country, the children found, or declared by the parasites by some authority, will be considered as the amounts mentioned in art. 64 and 65, therefore cannot be seized. Art. 14 novela. If the execution is made for the collection of the pension established for the maintenance of the wife, ascenders or descendants of the following and natural child, the exemptions shown in art. 11, novela (art. 61 61) paragraphs 1, 2 and 3, art. 12 novela (art. 62 62) paragraph penultimate art. 13 novela, shall be reduced by half and the allowance provided by par. last of art. 13, in half part is subject to execution ^ 3). ___________ ^ 3) See the changes. For the claims of sanitary and other claims, (XXI: 1898) as far as they are special provisions, the execution can also be made on the exempt amount, according to the article 11 novela, paragraph 1, 2, 3, art. 12 and the penultimate paragraph of Article 13 of the novella, but it must be accounted for by the provisions of the last paragraph of Article 6 of the novella. Art. 15 novela. -If the execution is made on several claims of the following shown in art. 6 6, 7, 8, 9, 11, 12 and 13 novela, the exemption must be implemented against each separate allowance. 1. Of any allowance according to art. 9 from novela can be half. Ordinance min. 5.051-1917 P.M. About the climb of the minimum amounts, not subject to the execution of the lefties, pensions or other service allowances of public and private amploiats. Article 1 The minimum amounts, not subject to execution under law XII: 1908, which modify and complete the execution law LX: 1881 regarding the execution of lefties, pensions, or other service allowances of public and private amploiats, with the exceptions strung in art. 2 of this law, it goes up by half. Therefore instead of the amounts established by law XII: 1908 novela, the amounts below will be put: in par. 1 1, of art. 6, instead of 1.000 Lei, 1,500 Lei; in par. 1 1, of art. 6, instead of 600 Lei, 900 Lei; in art. 8, instead of 600 Lei, 900 Lei; in par. last of art. 9, instead of 600 Lei, 900 Lei; in par. 1 1, of art. 11, instead of 1.000 Lei, 1,500 Lei; in paragraphs 1, 2 and 3 of art. 12, instead of 2 Lei 50 bani, 3 Lei 75 bani; in par. penultimate of art. 13, instead of 600 Lei, 900 Lei. Article 2 Paragraph 1 is amended. 1 1, of art. 9, as well as para. 1 1 of art. 14 of Law XII: 1908 in the sense, that in the case of execution made for the collection of the maintenance due to be followed by the wife, ascenders or descendants, or for the maintenance of the natural child, one can also sequester half of the unsaved part But only otherwise, incit and after the seizure to remain the stalemate of the leaffe and the allowances of the same nature (art. 6 and 11 of law XII: 1908) at least 500 Lei annually, from pension (escontentation) (para. 3 3 premiums, art. 6 and para. penultimate art. 13 of law XII: 1908) at least 300 Lei annually. Article 3 The rights obtained, before the present ordinance is introduced, following executions of insurance on allowances, as contrary to the provisions of this ordinance, at the request of the following must be annulled. But those rights, which were obtained on allowances, before the entry into force of the ordinance present, by divestment, or by other ways of acquiring or even by execution of escontentment, according to the norms of "now," Valid. Article 4 No news. + Article 65 of the law LX: 1881. -It cannot be carried out in the course of the contact report on the objects that need to be delivered or on the advances or rates that are to be paid to the individuals, following the contracts concluded by them with the state, with the municipalities, the central foundations, and on the requisites necessary for the performance of the contract, the execution can be done only if this does not prevent the execution or performance of The claims that are due to individuals after the performance of the contract concluded with the state, with the municipalities or central foundations after the final reckoning, can also be executed within the time of application of the contract. Money and values given as bail can be executed, but the creditor only then and to such an extent can ask for payment, when and if the destination of bail will cease. 1. This provision is dictated by the public interest. 2. If the celce must carry the goods but is still found in their possession, the execution may be directed on these goods. + Article 66 The amount of life insurance, due to the one benefited cannot be executed for the debts enjoyed by the insured. This rule also applies then, if as beneficiaries you are shown the heirs of the insured, without even making any more specific mention. The compensation to be paid by the insurer in case of insurance of the buildings against the fire, cannot be executed for the debts of the insured, but the port is indebted to the notice about the execution on the creditors, who have acquired the right of mortgage before the damage suffered as a result of the fire. These creditors are entitled to validate against the following their preference of escontentment, or to claim that the amount of compensation should be seized and be used to reconstruct the edifice. The compensation resulting from the insured mobiles can be executed for the debts of the insured, but they have as a preference of escontentation, ceice have a right of pledge on the central foundations, and on the requisites necessary to fulfill the contract, the execution can be done only if the performance or performance of the contract is not prevented by The claims that are due to individuals after the performance of the contract concluded with the state, with the municipalities or central foundations after the end of the final reckoning, can also be executed within the time of application of the contract. Money and values given as bail can be executed, but the creditor only then and to such an extent can ask for payment, when, and if the destination of bail will cease. Article 66. The amount of life insurance, due to the one benefited cannot be executed for the debts enjoyed by the insured. This rule also applies then, if as beneficiaries you are shown the heirs of the insured, without even making any more specific mention. The compensation to be paid by the insurer in case of insurance of the buildings against the fire, cannot be executed for the debts of the insured, but the port is indebted to the notice about the execution on the creditors, who have acquired the right of mortgage before the damage suffered as a result of the fire. These creditors are entitled to validate against the following their preference of escontentment, or to claim that the amount of compensation should be seized and be used to reconstruct the edifice. The compensation resulting from the insured mobiles can be executed for the insured's debts, but they have as a preference of escontentation, ceice have a right of pledge on insured mobiles, as they declare their claims before the ordering amount, which will be paid as a result of insurance ^ 1). ___________ ^ 1) The insurance policy is subject to the execution for the insured's debts, because art. 66 may not apply then, when in the insurance policy is not called the beneficiary. 1. The bearer life insurance policy can be executed for the insured's debts, because art. 66 does not apply when no one is shown in the policy as a beneficiary. [[B. 27882 27882]. 2. (See art. 498 of the Code. Com.) 3. The claim of the insured arising from the fire danger can be raised by the insured; consequently it can also be the object of seizure. In the first line, however, mortgage lenders will be taken into account, outlying on the building. 4. When deciding on the question that the amount of insurance can be pursued for the debts of the insured, being a matter of law, the insurance conditions will be taken into account [B. 2579 2579]. + Article 67 It is repealed and replaced by art. 16 from novela. If the execution is made against those, dealing with agriculture, the shooting and jug animals can be executed, as well as the agricultural instruments, which do not enter the provisions of par. 18 18 of art. 2 novela, but if the one executed will use them for the continuation of the farmer and cares for the necessary food for the animals, then those, in the period from 15 March to 15 Noemvrie of the same year, must be left at his disposal. and I can't be auctioned. This restriction does not apply, if the execution is made against the tenant for the collection of the burning and, on request, the court that ordered the execution, admits it by the decision ordering the execution, or later by a separate decision. + Article 68 On objects handed over for transport to motric power enterprises and those of railways, or other carauses, can be executed for the debts of the recipient, but only after those have arrived at the place of destination and only after He was handed the letter of carriage to the rightful one to take over. For the debts of the sender, the goods handed over for transport, can be seized only in that case if the surrender container has not been issued, or the charging policy and all at once about the execution of the execution shall be notified on time, and at railways and sailing enterprises with motor power, the head of that station where the surrender must be made, in order to impideca the delivery of the letter of carriage of the buyer. If the loading policy or delivery container has been issued, under the conditions shown above, the objects handed over for the transport can be executed for the debts of the owner of the loading policy or the teaching recipsis, but only in that case, if the loading policy, or the delivery container, is found or stored at a distance, or the act of execution is noted on them. The casing in no case is obliged to extradite the executed objects, on which according to Article 411 of the law XXXVII: 1875 has as pledge, and in case if it gives them, the right of pledge maintaining its effect, its claim will be paid with preference and from the auction price. If the pursuer acquits the claim of the caress, enter the rights, which are ensured to the caress regarding the priority of the pledge and the indestulation. ((See code. com. art. 411 411). + Article 69 The portarel, before writing the objects in the minutes, at the request of the wanted one is obliged to count the claim and the accessories of the pursuer and to mention them in a total amount in the minutes. [[Art. 36 36 Corp. Port.] In art. 69 is added art. 36 36 of Reg. The porter's body. Article 36. -The porters will draft in double copy the summons, the commands and in general all the acts put to them (to do or not do an act, to fulfill a bond, to satisfy a right of someone claims to have, before reaching an execution). or to judgment), as prescribed by the special laws and according to the written request of the parties. The documents will be drafted in short, in due terms and will be subscribed by both the porter and the party. + Article 70 The portarel, which makes sequestration, is obliged, as incit can, to investigate and to mention in the minutes whether the mobiles, on which it makes sequestration, are or are not seized by an earlier execution. The new seizure of objects already seized, as a rule, is done by overriding. The overriding is done without a new record in the minutes, taken for the first sequestration, by showing the override, the name of the stalker, or his representative, precisely mentioning the time regarding the execution. The override is signed by the portarel. If outside the seized mobiles, other mobiles are executed, they will be recorded in the minutes in full rule. If by the previous execution it was not put under seal the seized objects and from the execution of the first execution it was six months, or the minutes of the first execution cannot be obtained, the new execution will not be done by overriding, but printr'o New regular conscription. The portarel out of the cases shown above, after its appreciation, or at the request of any of those interested, can carry out the execution of a new conscription in the minutes of objects if from the circumstances it seems verosimile, that it arose change in sequestered objects. The previous seizure found will also be mentioned in this case in the minutes, besides the indication of the domicile and the claim of his or her representative. ((See art. 41 41 Corp. Port.) In art. 70 is added art. 41 41 of Reg. Corp. Port. Article 41. -The porter who presenting himself at the debtor's home will find another pursuit made and the wealth under the seals or under guard of custodian, after he takes copy of the minutes in the hand of the custodian or in the hand of the debtor, or at his home, will train a minutes showing all the acts of this circumstance, as well as the name of the court agent who followed, will declare this fortune and the dance and will be able to follow another fortune that would not have already been pursued. 1. From the fact provided by art. 70, that the override must be introduced on the basis of basic seizure, it cannot be inferred that the right of pledge is obtained only from that moment, but from the moment of conscription of objects as suppressed. + Article 71 It is repealed and replaced by art. 17 from novela. The value of the seized objects will be determined by evaluation, with the seizure. If the stalker and the stalker agree on the assessed value, their agreement shall decide. Otherwise, the evaluation will be done by the portarel. If the execution is made at the court's headquarters and at the court, a permanent estimator is employed, the portarel will take him with himself. If the execution is done apart from the seat of the court, the porter only then will take him with himself on the estimator and only then will he assess himself with his intervention, if it can be foreseen with his intervention, if it can be foreseen, that for the estimation Objects, to be executed are necessary special knowledge. Apart from the case indicated in the previous paragraph, the estimator will also be used then, when it will be required by one of the parties. If only the pursuer asks the estimator, without however that in accordance with the previous alignment to have had it, the expenses arising with the estimate, cannot be determined in the task of the one pursued. If necessary, the estimator may also be called during the execution. The value of the executed objects must be shown in the minutes, separately in respect of each object. + Article 72 If some mobile is seized, on which the tenant or tenant is, or was the following, it can be assumed, that he had legal pledge, the following within 24 hours from the end of the execution, he is obliged to collect rental or arendator by registered letter about carrying out the execution. The container will join the papers. The leaker has the right of legal pledge for the payment of half-year rent on the furniture in the rented place; and the tenant for the payment of the lease of one year, on the productions that are there, or belong to the estate, on agricultural instruments, and animals. The right legal pledge, obtained for rent, recte for aranda, can be validated for the rent of half, or aranda of one year, even though it has passed its term will soon become due, or for the rates that in part have passed, in part will be due, without consideration whether or not the furniture is the property of the lessee ^ 1). On the objects, which have come to a halt by the law in the possession of the lessee, the right of legal pledge does not extend. ____________ ^ 1) Legal pledge law also has the former owner who made the rental, but who was not yet paid the rent from the time he was still the owner. 1. The right of legal pledge, not being a personal right, can divest. 2. And the previous owner has legal pledge for unpaid rent yet. 3. If the tenant's belongings are transported from the place kept in rent, the right of legal pledge goes out. 4. The right of legal pledge also refers to legal accessories of the rent, such as interest and process expenses. (Curia 1903 Febr. 8, 7962). + Article 73 If the one followed does not consent, that the money found between the objects shown in the minutes, be given to the stalker as payment, or depreciation, the portarel, after the estimate, will take it to himself together with the jewels, silverware and precious objects, then and the effects, giving a certificate to the one followed, and on request and the pursuer, and to be deposited in the court filing, will make a special report. The stalker and the one pursued have the right to control, that the porter should carry out the storage without delay, what if they did not, they have the right to announce this omission to the court, orally or in writing. 1. The porter will make a separate report about the submitted items. This report cannot be included in the report on the submission of documents. 2. According to art. 26 26 section c) both the stalker and the stalker, for their insurance, will be able to claim from the portarel documents about taking over the objects. 3. See in case of delay of the port of art. 462 462 Criminal Code. + Article 74 The mobiles seized, apart from those shown in the previous article, as a rule will be declared by the portarel put under judicial seals, without however putting them under the seals. Regarding the criminal consequences that will arise from the alienation, or the intentional destruction, will be carefully the one pursued, and in his absence, those who are present. If the execution was carried out in a dwelling, or in a storeroom on the main door shall be sealed. 1. See here art. 74-76 the law of execution and art. 359-360 Criminal Code. 2. The stamp of the porter will be placed on the door of the following, where the execution was carried out, in a sign that the seizure was seized. It is thus not understood that the door should be closed and stamped. 3. See here art. 360 Criminal Code, about the violation of seals. + Article 75 At the request of the stalker, the portarel can order the placing under seal of seized objects. The placing under seal is usually done by the portarel, after listening to the proposal of the pursuer, by appointment of the sequester curator, giving him the mobiles seized for administration. If goods were seized in trade, the porter is obliged to order the closure of the store or store, and if the whole stock has not been seized, the porter is obliged to put seals, storing the goods in a closed place and to apply them seals, Except for the case, when the present stalker expressly requested the omission of the placing under seal Other objects, only then will be stored in a closed place and will be applied to seals by the portarel, if by it is not prevented the one pursued or his family in the necessary home, or in the exercise of the profession. 1. If goods of trade or entire stock of goods are executed, the seals shall be applied obligingly. 2. The orders shall not apply to the ordinary execution. It also appears from art. 51. 3. See here art. 245, 250, 252, 253. 4. If the seals have been applied before bankruptcy, or has been appointed a sequester curator, the bankruptcy masqueror will not have the right to remove them from the curator's administration, but has the right to invent them. 5. About the debts of the seizure curator see art. 245-253. 6. If the following closes the store of the following, but does not care for the transportation of the goods, the owner will have the right to act directly on the owner for the outstanding rent. [[Curia 7913/1889]. + Article 76 The move of objects is ordered by the court shown in art. 18, at the request of the stalker, given at the minutes, or made by separate request, if it is seen necessary to ensure the pursuer. Before the order, the court can listen to the followed part and if it finds necessary, it can condition the displacement, the giving of a bail by the pursuer (art. 42 42). The move is on the pursuer's liability + Article 77 If in the case of oversequestration, at the request of the stalker, who introduced the first seizure, was not ordered to be put under seal, it can be ordered at the request of the party, which did the posterior sequestration, but regarding the person, what will be called by Sequestering curator, will be heard by the previous portarel and stalker, and until his obedience can be called a temporary seizure curator. If the party that has done the overriding, asks for the order of the move, the court is obliged as before the consent, to listen in any case and on the previous pursuer. 1. See art. 70. 2. Undefended that in this case it is discussed not only the case when it is the overload of its own said, but even the case when things are once again recorded once seized. The conscription of the seized objects again must be made then, when from the first execution a more than six-month time passed. There is also the case, when strict seizure (putting under seal) is required on the occasion of the override. In this case the conscription will be made again. 3. See art. 35 35 and 76. 4. The transport of seized mobiles does not fall into the award of the seizure curator-1911. + Article 78 It must be omitted to carry out the puncher under seal and order the move, recte the putting under the seals must be cancelled and the objects moved, returned in possession of the one followed, if the following, the previous pursuer, the one who makes the escinders, or someone else, for insurance, that the objects, which have been seized, will be found intact at the auction, submit their evaluation price, or if the claim, together with the accessories, for which the execution is made, is lower, shall be deposited in the court deposit (art. 93 93). 1. See art. 42, 74-76. 2. Of the assessed amount and the claim will always be deposited the lower amount. + Article 79 If the claim of the wanted person is seized, what has it in a third person, the debtor (tertium) of the wanted one will be informed by order presented with the proof, according to the mandatory delivery rules for the main decisions, but without citation, by Publication. If the proposed claim is secured by mortgage, the delegate sends an extract after the minutes directly to the court of the competent funduary books, to carry out the seizure by intabulation of the "subjection" on the mortgage that ensures the claim executed. The effect of the execution begins with the date of registration of the seizure address, given by the delegate. When the amounts reimbursed for the goods handed over for transport to the railways and sailing enterprises with driving power are executed, the head of the dispatch station must be aware of the seizure ^ 1). ___________ ^ 1) The right of pledge has an effect on the accessories of the seized claim, whether the right of pledge is obtained within the meaning of the law, on the basis of a judicial decision or by contract. 1. See art. 50 50, 51. 2. If the debtor whose debt had been secured by mortgage, paid off his debt, but did not ask for the deletion of the mortgage, on this mortgage can be obtained as a subjection, and the claim can be transmitted by execution, although the claim Personal no longer exists. [Curia] 3. The debtor, to whom any amount may be paid, is obliged to deposit the amount paid to the court competent for carrying out the execution. + Article 80 Cambiale claims, commercial warrants, promissory notes, loading policies, deposit recipisas, varances as well as other transmissible effects by bending, (art. 204 and 295 of XXXVII 1885) the money amounts deposited by house ticket and filing card at financial installations, obliged for the publication of the comptures, or to other companies-only if the depositor clearly did not maintain his right to collection in person-and in general, all claims whose collection involves the possession of the act, which constitutes the claim according to the regulations in force, or the statutes of the companies, as a rule only then can be executed, if the act is found on the occasion Execution. The bills, the effects and the other acts shown above, after the mention of the execution, must be stored according to art. 73. If the above mentioned acts are not found on the occasion of the execution, but from the statement of the one followed, or from the evidence shown by the pursuer, it appears that verosimile, that the claim exists and is due to the one pursued, the seizure can be committed, mentioning exactly the claim, but the effect of the execution is pending by the posterior finding of the necessary act for the valorization of the claim, or from the annulment of the act through the legal procedure, filed by the one pursued, or at its expense, by Tracker. 1. See art. 3 and 110 of the Cambial law XXVII: 1876. 2. See art. 291 291, 294, 415, 434, 468, 404, 164, 166 of the Code. Com. (law XXXIII: 1875). + Article 81 If a claim arises from the commercial registers, an extract from the registers will be attached to the minutes, and in the commercial register, to the prune claim, the execution will have to be mentioned. If all claims, resulting from a commercial register, are liable, it shall be sufficient, if an amount is recorded in an amount, stating exactly the amount executed, the name of the debtor, with a report on the commercial register; and on the first face of the register, will note the seizure of all claims, the day of execution, the names of the parties and the decision of the court For the removal of extracts, that is, for the sowing of the amount of receivables in the registers, in case of need, the delegate can apply expertly, and his taxes will be counted at the execution expenses. 1. See art. 304 of Cod. com. 2. See art. 50 and 79 of the present law. 3. In calculating the debts from the registers, experts will also be able to apply. The fees set them the execution court and are part of the execution's expenses. 4. Debtors will have to be notified according to art. 79. + Article 82 The debtor of the pursuit, after being notified about the seizure of the claim, cannot pay his debt, but in case if it became due to the provisions of the court that were to follow is obliged to store it at the competent court for carrying out the execution or at the court of the place of payment, which is indebted to the knowledge of the court mentioned above. The debtor may also ask the court to determine its expenses caused by this procedure, which will be asemmed from the amount stored. The debtor, who pays the claim to impound the one pursued, or another, without a judicial mandate, apart from the criminal consequences, remains obliged and materialises, as if he had not paid the claim. 1. Poprying the entire claim, the debtor will have to file his entire debt. 2. Submission expenses, besides the system of today's recesses is rather cumbersome. The establishment and ordering makes it the court of execution. + Article 83 If a claim is executed, which can be collected from a public cashier, or if amounts or objects are executed in the judicial deposit, the order of attachment will be sent both to the cashier and to the higher authority in law to Ordinance. Compared to the one followed, the execution will have an effect starting from sequestration, compared to the cashier from the moment that was frown. The house takes note of the execution and cannot pay the wanted one, recte cannot return the judicial deposit, until it is notified about the termination of the execution from the competent authority for carrying out the execution. 1. The attachment in this case will only take effect from the moment of arrival of the attachment order at the public cashier. 2. The portarel will not be able to pay such an amount, which is to rise from a public cashier, located apart from the constituency of the competent court. + Article 84 If the pursuer, in the application for execution, declares that he or she intends to introduce the execution only on the claims, which must be collected from a public cashier, or only on the amounts paid to the court and shown in exactly the request, the commission the porter will be omitted, and the execution must be notified to the public cashier and the higher authority, by the very decision, which orders the execution, and which contains the order. Novela 18 completes art. 84 84 and 85 as follows: If the accounting is not conducted by the cashier, but does the service of accounts, established by the authority in the right to order, the cashier, the higher authority, and the account service, established by the one later, and the effect of the execution is counted against the cashier from the moment the account service was notified. 1. See art 133. 2. If more than one attachment is made, that one has precedence, about which the notice of the public cashier was sent before. 3. This procedure is good to save spending. 4. Only when the cash rises from a public cashier, it will be possible to apply this procedure. 3. See art. 18 and 133. + Article 85 In order to carry out several executions ordered at once, against the same pursued, it can be possible, one portarel must be charged, and for carrying out the executions ordered later, after possible, the same portarel, which carried out Previous, unfinished execution yet. 1. See art. 70, 19, 50. + Article 86 If the same delegate, is ordered by several followers once, to do against the same part different executions and if in fact he has not yet begun seizing, the conscription will be done at once and together, in the favor of all the following parties. The pursuer who is responsible for carrying out an execution ex officio, and if in charge of the same debtor is charged with other execution of executions, is obliged to carry out the execution ex officio at once and together with the other executions, even if The following in the favor of which he makes the execution ex officio, does not advance the necessary expenses, according to 20. If from the price, which results from the mobiles executed otherwise, all the receivables cannot be paid, the price will be distributed to the followers, who have suddenly taken the seizure, in relation to the amount of each's claims. 1. The right of designation, in respect of the mobiles to be seized, in case there are several followers, all the followers exercise together. In case of misunderstanding, decide the portarel. + Article 87 If after the start of the seizure a new pursuer is presented at the portarel, or in the course of sequestration the portarel receives the commission to carry out ex officio execution against the same debtor, on the already seized furniture, the previous creditor has preference, but unexecuted mobiles, must be conscribed at once and together, in favor of all creditors, with the effect of law established in the previous article. 1. See art. 20, 21, 70 and 86. + Article 88 Art. 86 and 87 also apply when the same debtor meets several porters. In this case, the sequestration is in favor of all creditors by the same minutes, and if they have no other agreement, it will be done by the porter who first began seizing, and if it has not yet begun, it will be done from that side, which was first in charge. 1. See art. 18 18, 19 and 35. + Article 89 After the completion of the sequestration procedure, the porter immediately releases the summons, showing the name of the stalker, of the one followed, the objects seized in general, their evaluation, the residence of the porter, and summons all those who believe that they would have to claim a right of ownership of the seized furniture, to submit within 15 days from the date of the summons, to the competent court, according to art. 18, share of the escinders. In the cases shown in art. 86, 87, 88, will be given a single injunction, showing all sides, who have introduced sequestration. Within 3 days, counted from the end of the seizure, the portarel by proof of delivery, or by registered letter, sends a copy of the notice to the town hall of the commune where the seizure was made, for display, or publication according to the usual local, and the other copy shows him at the court. Within 3 days a summons will be sent with proof of delivery or registered letter to those, who during the execution were presented for the claim of their rights, or announced their claims then. If the residence is unknown, no notice will be sent. If the claims shown in art. 54-59 and 80 then cash, as well as mobile money on which the rental based on art. 72 has the right of legal pledge, for the collection of rent or arses, no notice will be sent for the announcement of the claims, nor will there be an action of escinders with suspensive effect on the execution, and after the passage of the 8-day carrying out the execution, the execution measures can continue. ((art. 93 93). 1. The term of the escinders process with suspensive effect shall begin from the date of somatiunei. 2. It shows a certain contradiction between the provision "immediately" and "three days". However, the term of 3 days is granted 3. In the case when the pursuer has the right of legal pledge on some works carrying out the execution, no escinder processes shall be admitted either with suspensive effect or without. [[Bp. 1889 1889]. 4. The loss of the 15-day term means that the process of escinders although it can be submitted, has no suspensive effect. + Article 90 If they are seized mobile, which is shown as the property of a person, who has no right of self-representation, and the execution is introduced against the legal representative of the unguided one to self-representation, or if he cannot know of existence, by the person of the legal representative, or it is not known for sure where he resides, the porter will send a copy of the notice to the guardianship authority (Today the competent court, the guardianship section). + Article 91 After the end of the procedure, the portarel is obliged, that within 3 days to present the minutes to the judge. The Court, after determining the expenses according to art. 27, resubmit the documents of the port for the announcement of the claims, which shall be retained by the court, to be annexed to the escination process, which would eventually be submitted. [[Art. 44 44 Corp. Port]. In art. 91 is added art. 44 44 of Reg. Corp. Port. Article 44. -The porters will be indebted, under disciplinary punishment and compensation, that within 24 hours after their return to file through the head of the body gates, at the graft of the respective court, the minutes concluded by the Danes on the spot. + Article 92 The action of the escinders is filed with the competent court for carrying out the execution only against the pursuer, and if there are several followers, against all and in so many copies, that holding a copy by the court, each Let them get a copy. At the copy of the court, the minutes of execution, or its extract, in legalized copy must be attached. The complainant, who escinde, as well as the following, will be notified by the rubric. The one wanted can go into the trial to defend the rights of the In the case of Article 14, if the execution is not done on the mobiles in succession, or transmitted from the lasers of the successors, but the execution is directed at other mobiles, which form the property of the heirs: they can file escinders and ask for the release of the mobiles from the seizure. Art. 45, law LIV: 1912 completes art. 92, (precedent): In other respects on the shares of escinders will apply art. 134 and 135 of the civil procedure. 1. See art. 30 30 section a) and 170 of the law XX: 1877, then art. 27, 51 and 60 present law. 2. In the case of the process of escinders the portarel will have to be notified by the action section. 3. Celce intervenes at an execution, will have to submit the power of attorney, if it is not substituted by the ordering decision. 4. Apart from the specimen of the summons, which is sent to the city hall and displayed at the court, a copy is still required for the annexation to the escinders process to be filed. This summons will also be timed by the pursuer. 5. Within 8 days from the submission of the documents, they will have to be returned to the port for the continuation of the procedure. Eight days will be retained to ascertain whether or not the appeal has been submitted. Add art. 45 of the LIV: 1912 law. Art. 92 of the Law LX: 1881 is completed with that provision as with regard to the action of escinders apply art. 135 and 135 of pr. civ. 1. In the process of escinders no main intervention is allowed. ((1905) + Article 93 The action of the escinders, submitted within 15 days, from the date of somatiunei for the announcement of the claims, has suspensive effect on the execution, regarding the objects subject to the escindera. If the action of the escinders is submitted after this period, or if the action is returned for completion, it shall be submitted without deprivation, after the passage of this period, only then the execution will be suspended, if the celce escinde will do verosimile straightening the action and also store the claim and accessories of the stalker for the case if the escinders process were lost: or if the evaluation of objects in the escinders is less than the amount of the claim, the amount will be stored Evaluation at the court. ((art. 42 42) ^ 1). _________ ^ 1) Art. 140 of pr. civ. does not apply in the execution procedure. Against the decisive, by which the request for suspension was rejected, no appeal is allowed. If the execution is suspended following the action of the escinders, the port shall be notified ex officio by official entry. 1. If according to art. 42 deposit guarantee, it will be possible to suspend the continuation of the execution and in that case, if the escindere process has submitted over the 15-day period (See art. 42 42). 2. In the contrary to the rejection of the suspension, no appeal 3. If the acts of execution were transmitted to another court, with the purpose of continuing the execution, this court will also be competent for the escination process. + Article 94 The actions of escinders are judged by summary and resolve by sentence. Several actions of escinders, submitted against the same pursuer, following the same execution, or following the sequestration carried out on several occasions, will be opened and will be solved at once. (In the text it says wrong pursued). Celce until the term of debauchery have performed oversequestration, or have introduced nines executions on objects in escinders, will be quoted at the disposal by decided, but at the disposal of escinders they can also present themselves without subpoena to defend their their rights. The following can also be quoted by their representatives, who intervened at the execution. 1. See art. 55 LIV law: 1912. 2. When the superaurers arise, they will be called to judgment by extension of action. 3. The collection cleaner will be able to figure as part of the escination process. If for the same claim the execution was introduced and the applicant once was rejected with his action, there is res-iudicata, it must be taken into account in its own motion. + Article 95 In the trials of escinders, which have suspensory effect on the execution course, among the witnesses invoked by the plaintiff, only those will listen, who live in the district of the court, or will be brought to the debauchery by the celce prove, or will be depicted at the new term, to be fixed in at least 8 and no more than 15 days. 1. This mood is very well coming especially at present days, when the trials of escinders are being put in progress very often. It is a pity that this law text is neglected and does not really apply, because the default also has about the term in which the trial is to be judged. + Article 96 In the case, if the escination is confirmed, the wealth in the escinders will be removed from the sequestration. The claims established by the sentence, given in the trials of escinders without suspensive effect, since it has already been tender, but the price has not been distributed, has an effect only on the purchase price. The sentence given in the escination process has no effect on the relationship between the applicant and the one pursued; they can value their rights, one to another, by common law ^ 1). ___________ ^ 1) In the wake of the judicial seizure there is no admission of escinders. 1. At the seizure (zarlat) there is no admission process. 2. Neither on the basis of the mobile pledge given willingly can the process of escinders be filed. 3. In the process of escinders will prove the mode of purchase, the title of law and the identity of things. If the purchase was made in the auction, it will also prove that on his money he bought them real. + Article 97 Paragraph intaiu is repealed and replaced by art. 46 of the LIV: 1912 law. In the process of escinders the applicant cannot submit a request for justification, and if he has lost the deadline for setting up the process he cannot ask for a repeat of the citation (art. 439 439 p. civ.). Opposition and revision are not allowed ^ 1). ___________ ^ 1) In contrast to the second sentence, which confirms the first sentence, no remedy of law shall be allowed. After the reduction of the sentence, although not final, by which the action of escinders without suspensive effect on the mobiles removed from the execution is admitted, and in case if the tender was held, the collected price cannot be distributed. For this purpose, without delay, a copy of the sentence will be sent to the carrier. 1. Aci had to be distinguished between processes with suspensive effect and those without suspensive effect. The legislator is too severe. It is not understood why there is no application for justification for ex. 2. See art. 93. + Article 98 If from the circumstances, which existed when the execution was carried out, the prosecution could have had the presumption in faith, that the seized objects form the property of the one pursued, the costs must be terminated each other, even if the escination They would find 1. See art. 439 pr. civ. for the repetition of the citation and art. 56, law LIV: 1912. 2. Opposition shall not be accepted. 3. The termination of the cases also applies to the call. + Article 99 Those who submit the action of escinders with suspensive effect on the execution, and their claim will obviously be found without basis, apart from the conviction to the costs, can be fined up to 500 lei. 1. Analog with art. 31. + Article 100 Provisions of art. 92-99 must also be applied properly in those escinder processes, which are submitted following the executions introduced according to the present law on mobile in matters of taxes and administration, or others. (Modified). These processes will be submitted to the court, in the constituency of which the execution was carried out. ((See art. 1, law XVIII: 1877). [[See art. 34 Tracking law]. In art. 100 is added art. 34 of the Law on Perceiving and Increasing Public Venues. Article 34. -Those followed in moving wealth can make appeals against tracking measures. The period of appeal expires after 10 days from the date of delivery or display of the minutes of seizure, in the conditions provided by art. 26. Appeals shall be addressed to the financial administration, if the pursuit is made for direct, indirect contributions, arenas and any other income of the State, county and public establishments, which are fulfilled under this law, and to city hall, if the pursuit is done for communal income. The objector is obliged, under the penalty of nullity, to make through the petition of appeal the choice of domicile in the city of residence of the authority to which the appeal is addressed and to join the container of recording the amount for which it is made Tracking. Those of the interested third will be able to appeal until the sale and without being indebted to record the amount. The decision of the administrator or the chief financial officer, or the mayor will be notified to the objector 26. When third-party appeals are also rejected by the courts, they will condemn by the same decision the objector to the costs of trial and trial fees. The financial administrator, or the mayor, have full competence to state all matters of fact and law deducted in their judgment with the occasion of these appeals. In the contrary to these decisions the disgruntled objector will be able to appeal within 10 days free from the ruling, when the party was present, and from notification, in case of lack, to the county court, which will judge emergency in the last instance and without the right of opposition. Before the tribunal the financial administration will be quoted by its administrator, who will be able to ask the assistance of the State of the State, and the mayor The court's rulings can be appealed before the Court of Cassation by any of the parties who appeared in the trial. As regards the financial manager, in order to be able to appeal, he will have to have the prior authorization of the finance ministry, or the creditor public administration. The appeal is supported by the interested authority. The appeal shall be made within one month of the judgment of the tribunal. The Court of Cassation judges without right of opposition. The appeals procedure is free of charge and exempt from the tax of the porters, except for the cases provided by the previous article. + Article 101 If after the expiry of the deadline for the submission of the escinders action with suspensive effect on the execution course, no escination action is submitted, it will proceed further according to the present law on all the executed mobiles, and if the action was directed only on some of these mobiles, it must be done only on those mobiles, on which no escinders were made. + Article 102 The executed furniture is usually sold by court auction. At the executions carried out ex officio, the portarel will fix the auction deadline without the presentation of the party; in the other cases only to the verbal or written persistence of the followers or followers, releasing the publication about it. In the publication will be shown the name of the stalker, of the one followed, the decisions by which the execution was ordered and the delegation was made, the amount of the claim, the place of the auction, the day and hour, the showing of the objects that are to be auctioned in general, and the price The objects of greater value and those of exceptional quality, will look particularly in the publication. Al. I. al art. 19 of novela amends paragraph 3 of art. 102, with that small change, as in the auction publication, which will be published, it is not allowed to appoint the following. Article 102. -The publication is displayed at the court, it is sent to the communal town hall where the execution was made, for the usual publication and display, it is handed to the stalker, the pursuer, and if the execution was made by several, at each of them, and in case of art. 72 and the renter. Paragraph 2 of art. 19 of novela, amends para. 4 4 of art. 102, as in case, if there are more followers, the auction publication will be handed only to those, in favor of which the tender must be ordered according to art. 20. Article 102. -If the valuation price is higher than 300 lei, the publication will be published in a local gazette, and if there is no such gazette, it will be published in the gazette that appears in the nearest place; and if In case if the tender is ordered, the term that cannot be longer than 8 days, will be fixed by the court. Regardless of the amount to which the objects were assessed, the advertising by gazettes is admitted only to those interested. The amount collected at the auction will be stored at the court until the expiry of the term allowed for the submission of the application with suspensive effect on the execution, or if any such action has already been submitted, until the final termination of the its. 1. And the celce submitted the trial of escinders, will be able to ask for auction based on art. 104 104, aside from stalking and stalking. 2 2. Aci shall not apply to art. 37. The appeal has no suspensive effect. 3. If the appeal is filed, it must be resolved before ordering the tender. In case if the appeal is admitted, the prior tender falls, instead it will be held, because the appeal given against the rejection decision, does not have suspensive effect. 4. The auction deadline fixes the judge, but the publications issue them the portarel. 5. The application of art. 42 42 and in this case. + Article 105 If the execution was made ex officio, the auction shall also be made ex officio, and otherwise, the porter only then holds the tender, if the pursuer or the following personnel, or by the power of attorney, presents itself at the auction day, or notify the portarel, that, although not present at the auction, it is still for the auction to be carried out. The portarel based on the mandate of the judge-judge or the lessor or takes with himself before the auction the objects stored and present at the time, the day and on the spot fixed for the auction, reckons the amount and accessories to be paid and immediately begin the auction, if the one followed will not make payment. 1. Sequestered furniture can be transported at the request of the interested, in a better place, to succeed the auction. 2. If all interested parties are agreed, the mobiles will be able to be transported immediately, instead the judge will decide. + Article 106 The following has the right to indicate the order in which to hold the auction, may even auction other objects instead of seized objects, but if from these the claim and accessories are not paid, the auction continues on the mobiles Written. If the convict does not want to wear out this right of his own, the auction is to be held in the order of the positions, as the conscription was carried out. The competent court for carrying out the execution, at the request of any of the interested parties, listening to the need and the others interested, can order the auctioning at once, and after the circumstances of several objects of the same kind or of the same kind, although these objects are inscribed in special positions. No appeal shall be made against the decision of a date in that regard. + Article 107 Each object is called in the assessment price and if this assessment price is not obtained, the price of the call is gradually reduced. The auction will be continued until the offer is obtained and if no other offer is made, after the three-fold outcry of the price offered, the object is declared to be bought by the one who gave the highest price, even then if from other auctioneers Nothing's been offered. + Article 108 At auction, the price of each item must be paid in cash, and after paying the price, the auctioned object passes into the buyer's possession. If he who has offered the maximum does not immediately deposit the price, the object must be put immediately again at auction. And the auctioneer who has not paid, cannot have a claim for the surplus that would occur, but is obliged to complete the eventual amount, we can still participate in the continuation of the tender. If there is no other previously known pursuer or is no other creditor with the right of legal pledge and if no claim has been announced with preference nor ordered the storage of the amount collected at auction, the pursuer has the right to buy on credit up to the amount of the claim and its accessories. The price is compensated in both cases in its claim. If there are more followers, this right can only be exercised by mutual agreement. If the execution of an escontentation made on the basis of a decision given as a result of a cambiale action in retrogression for insurance, the pursuer may not use this right ^ 1). + Article 109 I enter-as long as it is necessary to establish special conditions of auction, having the objects that must be auctioned an extraordinary quality, or being present other circumstances, at the request of any interested person, request that is accompanied by the copy legalized the minutes taken about carrying out the execution, must be submitted at the most until the publication of the auction, the competent court for carrying out the execution after the eventual hearing of the interested parties will determine the bidding conditions and this will notify without delay on the portarel and the parties Interested. Against this decision, either the application is admitted or rejected, no appeal can be made. If under the special conditions it admits the payment in instalments, at the request of which interested persons will be fixed in the tender conditions and the fact that an appropriate vadium will be submitted and that the auction items, only after the total payment of the price shall be will hand over the buyer. In the auction publication must be called the place where the special conditions fixed can be made aware, and that the tender will be held according to these conditions. The court is in law to line in the publication the essence of the special conditions and in case if necessary, instead of the old term it even fixes a new deadline for the auction. If special tender conditions have been fixed, the auctioneers are obliged to inform these conditions by their signature, before they are admitted to the auction. + Article 110 The auction will be taken minutes, in which the parties will be called, will show the number of the minutes on the basis of which the execution of the auctioned objects, the claim and the accessories in the current order, the designation of the auctioned objects, being maintained the numbers of the positions, under which the sequestration, the name of the buyer and the selling price Those who have announced as a preference should also be shown in the tender minutes. ((art. 111 111). The minutes will be signed by the pursuer and the present parties, or their representatives. The mobiles sold in the auction shall immediately pass into the buyer's property, only if according to 109, no conditions are established to the contrary, and the cancellation of the tender procedure has no influence on the right of property, acquired by the buyer. The fact that the tender was carried out, will be mentioned in the minutes taken about the execution and this mention will have to be signed by the portarel. In art. 110 is added art. 50 50 of Reg. Corp. Port. Article 50. -Before proceeding with a sale, the porters will be obliged, under disciplinary punishment, to form a list of all items tracked from that made on the occasion of the pursuit and provided for by that civil procedure, or from the inventory that will be formed, this list will be provided with separate headings, in which will be noted in the right of each object: 1. The price with which he was judged. 2. Buyer's name and pronouns. 3. Its domicile. 4. The signature of the buyer, the debtor and his or her authorized creditor, if they are present. The list will be signed by the portarel, by the Registrar, by the Commissioner or the one appointed by the law and by the creditor and the debtor or their respective powers. After the sale of each item will pass the auction price, both in figures and in letters, in that column and after completion and the other headings, will sign in the 4th column the buyer, the debtor and his creditor their power of attorney, attesting the price with which the object was adjudicated. The sale of objects will be done in the order in which they are listed. After the end of the operations of the sale, the total esite prices will be made, which will be attested by the portarel, the Registrar, the Commissioner or the one ordained by the law, the creditor and the debtor or their powers at the bottom of the list This list will join in the minutes concluded for the operation done and in which the mention will be made about the dance. + Article 111 All those who have a right of indestulation with preference to the claim of the pursuer on the purchase price of the furniture subject to the auction, since from the acts do not result that the execution was previously made in their favor, they are obliged to announce the porter in writing, in a copy, or even verbally until the beginning of the auction, their rights with preference. About the announcement made orally, the portarel is obliged to take minutes. About several statements made in this oral sense, one can take a single minutes. [[Art. 24 24 stalking] In art. 111 is added art. 24 of the Law on Perceiving and Tracking Public Revenue. Article 24. The state, the county and the commune have the privilege, before any particular debt for the income of any kind and fines, on the entire wealth of the debtor, furniture and immovable, without the buildings being subjected to the formality of the inscription and without his forced sale to purge this privilege, in terms of tax on the income of buildings. In case of competition between the State, the county and the commune, or only between two dintrangers, the State will have the first rank, second-rank county and the third-rank joint. For the leases owed, the privilege of the State is regulated by the provisions of the civil code. 1. See art. 128 law XL: 1879 art. 26, 173. 2. The purchase made in the auction, according to Chapter III of the bankruptcy law cannot be appealed. See also art. 110 law XL: 1881. (1966) art. 32 public revenue tracking law. + Article 112 The tenants and the tenants are obliged to declare until the beginning of the auction, the amount for which they have the right of legal pledge even in that case, if by the minutes taken about the seizure, their right of pledge based on the report of rental or lease, however, the amount of the claim was not announced. In art. 112 is added art. 42 of the Law and Regulation for the Organization of the Corridor Corps Article 42. The defendant for the due fee will have the right of privilage on the amount or mobile wealth recorded or entered into the customer's patrimony through the services provided by the defendant if his presence is found in writing. This privilej will come in rank immediately following the privilege of the State, before any other privileged claim. If the amount of money earned is filed with a court or is poprita, or if any seizure has been made for its insurance, the amount will only be able to be disbanded with the consent of the defendant, who pleaded the trial. Procedural provisions regarding the guarantee of fees remain in force. 1. According to art. 72. Those with legal pledge must be informed separately about the execution. 2. Those with the right of privilege over the claim that will be charged at the auction are obliged to announce their rights, until the start of the tender. 3. See also art. 114 114 and 123. + Article 113 If the claim with preference was not announced and from acts of execution it does not follow that there would be other previous followers, known, the auction will continue until the claim and accessories of the pursuer will be covered, that is, until they sell all Seized items. In this case, from the amount collected will be paid, recte will amortize the claim and accessories of the stalker, who will give a receipt about the amount; the original act of the claim, if following the acquittal has become without effect, will be taken from the pursuer and will be given the following, in the contrary, the payment is mentioned on the original act by the portarel and after this the act is returned to the stalker, who will issue a proof. If the stalker cannot present the original act, the portarel shall store at the court the amount due to him after the claim. After the acquittal of the stalker's claim, the porter teaches the following in addition to a proof the price of the price, which would remain, and the seized and unsold objects, release them from the seizure and with the restitution of the documents, within three days, make report on his endeavors, the judge who appointed him on the portarel, who will also submit to the competent court the documents if the execution was carried out following a rogatory commission. The court asks for the execution, notifies the parties by decision, about the arrival of the documents with the mention that at the court where they have been submitted, you can see and remove the copy from them. If the execution was carried out by virtue of a decision brought following the action in retrogression to ensure the cambia ^ 1) the amount collected shall not be given to the pursuer, but shall be presented without delay to the court filing with a separate report. 1. When the auction was paid the whole claim, the other things, which are still under seizure will be immediately released by the portarel. 2. Although the tender procedure is admissible, it cannot suspend the release of the money collected, at the hands of the pursuer. (Immling). + Article 114 If a claim of preference has been submitted or from the acts of execution it is found that there is a previously known pursuer, the auction will be continued until all their claims and accessories are covered, or until all mobiles are auctioned. impounded. In this case, if all interested have agreed on the distribution of purchase prices, which will be shown in the minutes of the auction itself, the porter will immediately distribute the purchase price, according to the the agreement; otherwise, the portarel within 3 days will submit without delay all the documents and announcements, which would possibly be related to the preferences of preference, to the court competent for carrying out the execution; and the purchase price and valuables, (Art. 73) since they have not been sold, they will be submitted without delay, with a special report, for submission to the competent court. 1. In case, if in the amount collected at the auction covers all the debts of the following, which the execution was made, the amount will have to be divided. Otherwise only if all pursuers agree. + Article 115 According to art. 102. and art. what follows will be held the auction and then, when the auction is ordered based on art. 106 of Law XXVII: 1876, for the pledge held by the cambial creditor, or on the basis of art. 305 and 306 of the law XXVII: 1875 for the pledge given for the coverage of the claim resulting from a commercial act. In these cases, there is no place for the declaration of the right of preference or the procedure for determining the claims with preference. After ordering the tender and after assessing the pledge, the portarel is obliged to release the auction publication and perform the tender. The portarel is obliged to make the payment of the insured claim and to return to the debtor or possibly the mass of bankruptcy the surplus that would remain, together with the original cambia paid, or if there is any hindrance, it will be submitted to the court. ((art. 113 113). Against the decision brought in this procedure, there is an appeal, and in the contrary to the measures and the decision of a data by the portarel, the appeal is admitted, which, however, have suspensive effect only on the distribution of the amount collected at the auction. In art. 115 is added art. 51 51-63 of Reg. Corp. Port. Article 51. -The records of the submission of the amounts out of the adjudications will be submitted through the body of the head of the porters, immediately, together with the minutes of the operations made, at the Registry of the respective court. The sales texts due to the body will be added to these minutes. Under no circumstances will the porters be able to directly meet the creditors with the amounts out of the adjudications. The indestulation of the creditor or the distribution of the amounts between creditors, by will be more, will be done by the respective courts according to the rules set out in the civil procedure code; they will check the fees charged by the portarel for operation performed. Article 52. -The head of the porters will not be able to stop in preservation the amounts of money, the payment orders or the recorders that will be submitted following the seizure of the attachment or the consequences until the day of sale. The amounts of money or those in the payment orders, sent by the parties or authorities, following the sequesters or the consequences or the stops established, will spill to the financial administration as soon as they are received, showing the destination for which are filed. Article 53. -The recesses will be submitted in 24 hours from their receipt or from the payment of the amounts to the financial administration, to the court where the money is to be released, showing in the address of reference the names and pronouns of the parties, the reason for the or money, as well as any other circumstances of the case. In the address will also show the stops made through the body of the porters on the amounts submitted until the day of sending the recess or the attestation that, looking for the register of tasks related to the body, no attachment was found. If the court where the money is to be released has several wards, of which one of notariat, the body of the porters will send the container to this section. Article 54. -For the reefs of which mention is made in the two preceding articles, the head of the porters will keep a ledger, initialled and targeted by the president of the tribunal, (series E. No. 6) in which he will register: 1. Name and pronouns of the depositor; 2. Date of filing; 3. Name and pronouns of the recipient; 4. Nature of business; 5. File number; 6. Number and date of the recon; 7. Its value; 8. The name of the authority to which he was sent; 9. The number and date of the address with which he was sent. Article 55. -For the release of the recesses, the court will find whether it was made attestation by the head of the porters about the poprying tasks, will check the title of the one in law to receive the money, will ensure its identity. Article 56. -The recorders in the chancellors of the porters will be entered in a register (E series, No. 6) in the way shown and will be sent to the respective courts, with all the speeches due according to art. 53 53 of this Regulation. Article 57. -The Registrars of the courts will keep a register like the one prescribed in art. 54 of this regulation, in which they will register all the recorders received from the bodies of the port, showing the date of their receipt. Article 58. -The recorders filed by the parties for the execution of an obligation, apart from any measure of any judicial authority, will be kept in the chancellery of the porters. Also the amounts deposited at the portarel and which have no connection with any work of any judicial authority, will immediately be paid under disciplinary punishment by the head of the porters to the respective financial administration, and the recorders will be keep in the chancellery Article 59. -Under no circumstances will the porters be able to receive in storage the objects offered by the debtors to their creditors to free themselves from an obligation. The parties will be indebted to record the place offered at the House of deposits or financial administration according to the civil procedure rules, and the container to submit it to the Port. Article 60. -For the recbishops that are in art. 88 and 59 will be held by the chief of staff, a separate register targeted and initialled by the president of the tribunal. This register will be identical to that shown under art. 54 54 (series E. No. 6). Article 61. -May before the release of the recesses will verify the title of the one in law, will find if there is no proprating task and will ensure the identity of the recipient, about all this will be made mention in the minutes that will end to liberate the recess. The minutes will be signed by the head of the porters and the parties and will be kept on the work file. A single minutes will be concluded by charging a single fee for the release of several receptions at the same time to a same person, when the origin of the amounts in the recepise is the same. Article 62. -When the value of the recon is a thing, the parties will be able to ask for a portarel to go to the House of consumptions or to the place where the work to be present is to be present and to ascertain his identity. Article 63. -If, following a real offer and the record of the value owed, it will be made before the application court in order to strengthen or cancel the offer, the head of the porters will be obliged to submit them immediately according to art. 53 of this regulation, its filing receipt, after the request to be made by her. In this case the filing receipt will be entered in the register provided by art. 54, making mention of it in the register prescribed by art. 60 60 of the Regulation. 1. See art. 305-308 305-308, 347, 371, 379, 380, 388, 409, 411-413 and 447 of the Code. Com. See also the XIV law: 1881, in force today about the loan through the pledge. 2. When the goods given in commission are auctioned, the expenses of making do not prevail the claim provided by the legal pledge of the commission (1908). + Article 116 If from the purchase price collected at the auction the claim and accessories of the pursuer are not paid, the pursuer will be able to claim that the execution will be continued by the porter and if his request will make it directly to the porter, before he submit the tender documents: the portarel is obliged to carry out the continuative execution on the mobiles of the pursuer found in the constituency of the same court, without receiving a new commission. Except this case, until the execution acts according to art. 113 they were not returned to the court, who ordered the continuative execution, will be ordered by the court notified with the execution, and after the return of the documents, by the court that ordered the execution first. 1. See art. next 117. 2. In the case of the auction made according to 104, when the furniture is removed by submitting their value, it cannot be applied art. 116, the less they can get under seizure again. + Article 117 Continuous execution, apart from the cases indicated by art. 116, it can still be ordered: a) if the stalker shows that his claim is not covered with the objects taken under seizure by the previous execution; b) if the furnishings seized in whole or in part, the action of the escinders has been submitted, or if any claim has been announced with preference; c) if it is required to delete the executed objects from the record, not being likely to the execution. The continuous execution, as a rule, orders the competent court to carry out the execution. In the case indicated by al. a., if several judges were tasked with carrying out the execution, the continuative execution will order the court that ordered the first execution. ((basic execution). In the case indicated by al. a., the court according to the circumstances, may determine in charge of the following the expenses of the continuative execution, or to stop them. In all other cases, the stalking bears the expenses arising with the continuative exception. If the pursuer demands the ordering of the continuative execution before the already ordered execution has been carried out, in this case the continuative execution can be ordered, but the expenses arising with the drafting of the execution request, cannot be established in charge executor. 1. It cannot be appealed the decision to order the continuative execution on that ground, that by transaction the right of execution was extinguished, he belonging to art. 30 30 of the law. 2. See art. 135-207. The court will decide the court of law. 3. If the execution is carried out by negative minutes, it is found that it has not the following wealth, at the new request it will be shown by delegate that it has. 4. The execution of insurance is allowed to continue the execution (1913). 5. The basic execution being ordered and on the buildings, the continuous one will not be able to be ordered, if the proof is not provided that the buildings have insufficient coverage (1906). 6. If on the occasion of the continuous execution it is taken under the execution of the claim already on the occasion of the execution of the basic execution, it cannot be annulled the execution ex officio, but the expenses in charge of the following cannot be dropped (1907). 7. It will not be possible to set expenses the second time in charge of the following, if the execution is made apart once on mobile, the second time on buildings (Cluj 1901). 8. If the tender at the request of the pursuer has postponed, it cannot form a reason to demand continuous execution (curia 1885). + Article 118 In the case provided by art. 114, if the parties have not agreed on the distribution of the price, the competent court for carrying out the execution, fixes a short term and quotes all interested parties to distribute the price. At the debauchery, the parties can also quote through their representatives, who have already intervened during the execution. If any part cannot be quoted at the debauchery, unknowingly his domicile, or if until the day of the opening there is no proof of delivery of the citation made in the rule against an unpresented party; it is called a curator without making the citation by publishing, and if a new term is not fixed for the debauchery, in no time. 1. The amount collected from the bidding of the things given in the pledge, inventarized in the bankrupt mass, will be submitted to the execution court and not to the bankruptcy court, because the bankruptcy law has no provision in this regard. + Article 119 The court after hearing the interested parties, determines the order in which the claims are made, and immediately pronounces the decision brought on this matter. The auction, publication and performance expenses will be placed in series with preference, before any other claim. If at the pronouncement, in the counter-decision no appeal is made, the purchase price will be distributed immediately. And in the case, when the ruling was declared an appeal with motivation, what can be done within 3 days, the documents will be submitted within 8 days. The appeal will have suspensive effect only on the acquittal of those claims, the escontentation of which is pendent by the decision that will be given by the higher court. In case of appeal, the claims that without consideration to the decision of the appellate court shall be paid in any case from the purchase price, shall be paid even if the appeal has been appealed. In the contrary to the decision of a higher court, since the decision of the first court has been recast, it is possible to appeal, with suspensive effect, to the third instance. This appeal must be submitted within 8 days, from the delivery of the decision to a second court. The creditor's claim, which following the insurance execution won the pledge, but if the interests did not fall to another agreement, the corresponding amount, until the final termination of the lawsuit filed for claims, will be filed in the judicial filing. If the verity of a claim secured by legal pledge is found, with the deposit of the amount in the judicial deposit, the entitled will be guided, as within fixed period of 30 days, counted from the final stay of the decision to bring action to the court competence, and since the claim is not due, from the day of the maturity referred to in the decision. This process must be filed against the executor, with the maintenance of the right of intervention in the process of the 1. According to art. 197, by analogy does not err the court, if it refuses payment and submits the amount, in case if someone makes verosimile, that the claim at least in part has been paid. 2. When the pursuer has pledge only through insurance execution, the amount will be recorded in the warehouse. 3. The civil procedure will not be applied to the civil procedure (1887). It will not be possible to proceed adversarial. 4. See art. 66 66, 140. 5. Not only the expenses of the auction held, and even those left without result following circumstances independent of the will of the pursuer, shall be considered as privileged positions. (Curia 1883). 6. He will refer to the trial, if the right of priority becomes questionable (1909). + Article 120 It is repealed and replaced by art. 20 of the 1908 novella. If more executors meet (art. 86-88 of the law LX: 1881) as well as if the same mobiles are seized and overworked, the tender must be ordered for the purposes of the claims of those who have made the execution, sequestration and overriding, and if they have made the execution until the release of the auction publication even if they asked only one of the following to order the tender. This provision shall not apply: 1. if the pursuer or the one who did the overriding, announced the termination of his claim; 2. if the stalker has proved with the mail container, or by act, the termination of the claim: 3. unless the execution is carried out ex officio, if the pursuer or the one who did the override, did not ask for the tender within 3 years. In the case of point 1 and 2, the announcement may be made in writing or verbally at the court that carried out the execution, or at the portarel. Verbal announcement must be taken in minutes. In the case of point 1 the announcement must be communicated to the following, and in case of point 2 to the If the announcement indicated in paragraph 2 is made after the release of the auction, only in that case shall the tender be held in favour of the pursuer or of the person who has made the overriding for the claim to which the announcement relates, if he or presents at auction and starue for her keeping. The right of pledge of the pursuer or of the one who has made the overriding, remember in points 1-3, do not fall below the above provisions. See art. 19 novela. 1. If the party is not able to pronounce the decision, a new deadline will be fixed, to which those interested will be quoted. 2. See art. 102 102, 105, 114 and art. 19 novela. 3. This provision also applies to the new conscription of objects taken under seizure. + Article 121 If any effects were executed, which have flowed on the stock exchange, as a rule they are not put up for auction, but with the participation of the parties, they are sold by the portarel through the intercession of a scholarship courier if there is a scholarship in the locality, and if in the locality Exchange, sell by means of a financial institution or other appropriate way, but in any case, cash. The sales account must be joined to the documents The sale cannot be done below the middle price of the day, with a fall of 2%, than with the consent of all interested parties. If in the locality there is no scholarship and the sale could not be done in the manner indicated above, based on the report made by the portarel, the competent court for carrying out the execution will address the competent court in the residence of the nearest Scholarships, to make the sale. If the sale cannot be done after any of the ways shown above, the value effects are sold by court auction. + Article 122 If the claim of the following was seized, at the wish of the pursuer, the debtor of the following is obliged to declare: 1. If he recognizes or, if not and how much he recognizes the verity of the claim, and is willing to make the payment? 2. Who has, and what kind of claims on the seized claim? 3. If the claim is also executed in favour of another creditor and if so, for what kind of claims? The summons for the making of the declaration will be contained in the ordinance bringing to the attention of the execution, or if the pursuer requires it later, the debtor will be ordered by the portarel printr'un decided separately. The declaration must be made to the porter in writing or verbally, within 8 days from the delivery of the order or separate decision, and signed by the debtor. The written statement or the minutes drawn up for the verbal declaration, shall be submitted by the portarel to the court, and the stamps will apply by the following. 1. The effects of not listing on the stock exchange will be sold in the auction, according to art. 102. 2. See art. 112 112, 35 and 111. + Article 123 If the claim executed consists in cash and out of pursuer no one has the right to pledge on these claims, the pursuer may ask from the competent court for the execution of the execution, that this claim should be transferred to him by way of execution. If the claim enforceable the claim and accessories of the stalker, in the absence of another invocation, the divestment only then can be made, if the plus is paid in cash by the pursuer. If about the claim there is any act, the divestment must be passed on the act that is given in the original to the pursuer. Except in the cases indicated in art. 80, the seized claim cannot be assigned to the pursuer before the passage of the term granted for the submission of the escinders action with suspensive effect on the execution, and if such an action of escinders has been submitted, it cannot be done divestment, until it is not resolved definitively. The stalker is responsible for the verity and the collection of the claim. If for the insurance of the seized claim, the mortgage right is entered in the funduary book the competent court of the funduary books is notified. + Article 124 If the assignment of the claim according to art. precedent cannot be divested, as well as then, if the pursuer does not want the divestment of the executed claim, can ask the competent court to carry out the execution, to authorize itself for the collection of the executed claim, or to delegate itself in this purpose curator. If someone else has the right to pledge on the claim, or if the claim executed the claim and the accessories, only if the parties did not agree otherwise, for the collection must be delegated a curator, in case the contrary, with the collection will be entrusted stalker. The stalker may ask even before the term that serves to advance the action of escinders with suspensive effect, or before the resolution of this action of escinders, ordering the provisions for the collection of the seized claim. And if the action of escinders with suspensive effect has been submitted, it cannot be ordered (art. 129) the amount collected until the action is finally resolved. The entrusted pursuer or the delegated curator, has the right to submit action for the collection of the claim on his behalf; however, he is obliged to notify about the submission of the action on the following, if he knows his domicile, by registered letter addressed to domicile. The stalker is obliged to advance the necessary expenses for the collection. 1. The cashing curator, in the application process, will be able to appear as part of the process. ((Curia 1907). 2. The curator designated according to art. 124 is entitled to petition the execution for the previous judgment, as a successor of law (1897). + Article 125 The authorized pursuer, or the curator delegate for collection, are obliged after the collection of the claim to report to the court competent for carrying out the execution, and the curator is obliged to present the amount of cash collected, making the report. The court assigns the amount collected for the amortization of the stalker's claim, if outside someone else's pledge. Depreciation will be mentioned on the act of claim, which would eventually exist and for this purpose the original act must be presented. The stalker, before handing this decision of resignation, cannot dispose of the amount collected. + Article 126 For the distribution of the amount of money collected and presented by the curator, the court sets the deadline and will make the distribution of the amount collected according to the provisions of art. 118 118 and 119. If for the insurance of the receivable claim was entered in the funduary book the mortgage right and on this mortgage were acquired under-mortgages, the order of acquittal will be established according to the rank order according to the funduary book, according to the provisions regarding the distribution of the price resulting from the sale of the buildings and for this purpose, the curator entrusted with the report, is obliged to present the authenticated extract of the funduary charter. The expenses and fees of the entrusted curator, who were not judged in charge of the debtor of the one pursued, shall be established during the procedure of distribution of the price and shall be paid in the first place of the amount collected. Under art. 118 and 119 will be made the distribution of the price and when either a particular, or a public cashier, wants to submit to the court the amount executed to him by several. In this case the money will be stored at the court, whose portarel carried out the first execution (basic execution). At the request for submission will be attached a painting signed by the one making the submission, in which all creditors will be indicated, in the chronological order as the sequestration was made, will be attached in the original and the ordinances given by the court or other authorities, respective by their porters. + Article 127 If the receivable receivable does not have a monetary character, the court on the basis of the report orders the valorization of the object of the claim collected by the auction and for its performance In this case, it is no longer necessary to issue the summons for the announcement of the claims; and the assessment price from which the outcry will be made, shall be determined by the portarel with the intervention of one of the judicial experts employed permanent, as it is necessary, but without the regular evaluation procedure. From the price collected, the payment will be made according to the provisions of art. 125 125 and 126. + Article 128 In the event that the claim seized is unbreakable, the stalker has the right to arouse the payment of his claim, by making the execution on other kinds of goods of the following. The expenses and charges arising and set by the court for the collection of the seized claim will be added to the accessories of the fund process claim. The above right is due to the stalker and then, if he gives up the right of pledge related to the seized claim or if he shows that the claim although seized does not present enough coverage, (art. 117 117, point a). If the right of pledge is waived, the debtor's debtor must be crowned. + Article 129 If the seized claim is pendent by a condition, if the maturity of the claim lasts more than half a year, or if the claim is pendent by any counter-benefit, if the bankruptcy procedure is in flow against the debtor of the following, or if the realization of the claim is prevented by other reasons the court orders the sale of the claim by court auction, or decides another way of valorization. On this request, the court will listen to the following if it is not in the country, or the place where he resides is unknown, the court must listen to the curator named for the dance. The auction will be held according to the prescribed rules on mobiles. At the money receivables for the first call will serve the face value of the claim. At the receivables that do not bring interest, it will decrease from the nominal value the difference of interest of 6% until the maturity of the claim ^ 1). The outcry price of other kinds of claims, will be determined by the portarel according to art. 127. The auction buyer will enter into the rights of the assignee for consideration, and the acts made about the claim, together with the pawn that would serve coverage, will be handed over to the auction buyer. If the mortgage right is registered for the claim of the claim, the competent court of the funduary books will be published ex officio, both for the mention of the ordered tender and for the registration of the exchange published in the person of the creditor. The third person who has not submitted the application to the auction buyer in the legal term, can no longer make any claim. ^ 1). 1. After collecting the amount, the stalker or curator will have to report to the court and present the amount collected. The stalker is no exception either. This is done, because it can be announced as a priority and so the exclusive right of pledge of the pursuer is discussed. 2. It will proceed according to art. 118 and 119 and in that case, when the cash received the stalker himself. 3. The curator will retain directly his established expenses, from the amount collected. 4. See art. 102, 123-124, 103. 5. The last sentence of art. 127 says, that from the amount this escontentation makes it the portarel according to art. 113-114, or court according to art. 118-119. + Article 130 They cannot be realized according to art. 129, annuities for life and other claims that are payable in installments, from time to time, for an uncertain duration, but the escontentation will be made by the divestment provided by art. 123, or by collecting conformed art. 124, of sequestered rates. + Article 131 On the smaller royal rights of fruit ^ 2) the execution is made according to the rules established for the execution of furniture. the valuation price shall be determined by the portarel, after the amount of the income tax the valuation price will be determined on the basis of the data, which are shown by the parties, or if these rights are exercised jointly, based on the data that will be obtain from the president, the cashier, some members of the composesorate, or from the tenant of the right. And if the right of fruit is inseparably connected to a building, the execution cannot be done on this right, except with the building. Except for these cases, if the execution is made on the property, the stalker with the real estate execution, can also ask for the execution on the smaller royal rights of fruits, which are not yet separated from the building. ____________ ^ ^ 1) Caution given to a third person by the following cannot be considered as a claim of the third person, but the third person will have to be regarded as depositary and not debtor. ^ 2) "minor royal" rights (privileges). PROVISIONS OF LAW LX: 1881, WITH ALL HINDQUARTERS, REGARDING THE EXECUTION OF REAL ESTATE *) ____________ Note *) The following articles represent the part of the law that has not been repealed. + Article 132 If a right of pursuits is seized, acquired on an immovable property on the basis of a legal act between the vineyards, the pursuer will authorize himself from the competent court to carry out the execution, by conclusion, so that he can capitalize on the right impounded. Documents relating to the seized right, as far as they were found to be found, are issued to the pursuer in order to capitalize on the right The above conclusion entitles the pursuer to capitalize in the favor of the pursuit of ownership or other real right, as the pursuer could have capitalized on him. For this purpose, the stalker may also start the process on his behalf as a plaintiff. The expenses and taxes determined by court in this process, are added to the accessories of the claim in the basic process. The continuation of the follow-up measures on the right of ownership or other real value, shall be made according to the appropriate rules. These rules apply to the procedure and then, when the execution is made on the right of redemption of the zalog that the following would have regarding a building. Note. See also art. 974 cod civ. R. + Article 133 If any monetary claim of the stalker to rise from a warehouse is stopped, the competent authority for carrying out the execution, after the seizure procedure will become final, orders the money claim seized in the favor of the pursuer, and the decision containing the ordering, sends it to the authority superior to the cashier, who will make the payment (art. 83 83). This authority is obliged to guide without delay the cashier to make acquittal at the hand of the pursuer, possibly waiting for the payment term. In the decision-making decision, the amount and accessories mentioned until the day of the ordinance must be shown, mentioning, if appropriate, the interest of the day of ordering until the escontentation, and if so, after the amount and what percentages of interest. If there is an act about the claim, the stalker is obliged to present it to the ordering court, to mention on the original act the acquittal or depreciation made by ordering. 1. If the claim was poprita at the public cashier by several people, the cashier will submit the amount to the court. The Court will proceed according to art 118 118, 119. 2. The order will be made by that court, which judges the serial dissolution (1905). 3. See art. 83 83, 84, novela 18 and 133. + Article 134 If the insurance execution is intended to be carried out by the insurance execution, it shall order the competent court according to art. 2. This court, if it is also competent for carrying out the execution, is obliged to release the notice, according to art. 89, as well as to send a delegate for carrying out the execution; in case the contrary, for this purpose, will refer the matter to the competent court according to art. 18. In these cases the 15 days off for submitting the action of escinders with suspensive effect, shall be counted from the day since the summons was displayed at the court. The shares of the escinders, possibly submitted before the release of the somatium, also have suspensive effect; but if the action of the escinders does not contain contrary request, made expressly, they will be opened only after the expiry of the term fixed in Summons, at once with the other actions of escinders, what possibly would be. On the other hand the rules of the escontentation execution will also apply when the execution is done on the mobiles already seized by insurance execution. 1. If the execution of escontentation is made after the insurance execution has been carried out, a new execution will not be carried out. As for the things already taken under the seizure of the insurer, but, if no other things, the execution will begin by releasing the somatium, not taking place either override. + Title II Real estate When the real estate execution is made for claims entering into the provisions of the law 269, for the Fiscal Procedure Code, from April 1, 1942, are applicable to art. 240-272 of this law. * * * * + Article 135 If the execution for the collection of a cash claim is to be made on a building, the application for execution will determine the property by the funduary book number and if in a funduary book several bodies of wealth are included funduara and execution is not done on all bodies of wealth, it will also show the body or bodies of wealth on which the execution is required, with reference to the topographic numbers in the funduary book. At the same time it will be shown in the application for execution and the authority of funduary books for execution. If, in order to ensure the claim to be entered by the execution path, it was intabulat or prenoted, already previously the right of mortgage, this circumstance will also be shown, with reference to the number of the ending by which the intabulation was ordered or Pregrading. Note 1. Law No. 306, for the amendment and repeal Law No. 230 of July 11, 1930 , for the unification of certain provisions relating to forced execution, from August 5, 1938, it also includes the following provisions: Article 1. -In the application for real estate execution, the creditor is obliged to show the value of each of the buildings that follows, the value being less than ten times the income from the tax roles for urban buildings and eight times the income from tax roles for rural buildings. The command or conclusion ordering the execution will make mention of the value shown by the creditor. By Law No. 833 of 24 Noemvrie 1939 , to be completed art. 1 of the law No. 306/1938 , adding the following: " If the following property consists of land whose topographic number in the funduary book cannot be identified with the positions in the fiscal roles, the Town Hall of the commune where the land is located, will issue a certificate showing the average housing value per jugar ". "The wanted debtor will be able to challenge this certificate, making proof that the identity of the land can only be done with tax roles." " The average housing value provided for in the City Hall certificate replaces the income in the role, mentioned in the first paragraph of this article. " If the property pursued consists in forest that does not appear in the fiscal roles, its value will be established by the certificate of the Forest District, within which the forest is located and which will take into account the age of the forest massif, the possibilities exploitation and transport, as well as distance to the nearest outlet ". 2. See also art. 13 paragraph 6 of the extension law. + Article 136 If the execution is ordered, the court sends the funduary card authority a copy of the execution request accompanied by the termination of the execution order to intabulate the mortgage right, or to make the inscription of the justification the right of mortgage prewritten, in order to grade the right of execution. The authority of funduary books referred to as there is no piedeca de carte funduara, is obliged to order the intabulation of the right of mortgage, the inscription of the justification of the prewritten mortgage right, namely the notation of the right of execution. Note: See art. 13 13 para. 7 7 and 8 of the extension law. + Article 137 The cancellation of the right of executive mortgage, namely the notation of the right of execution, can be ordered when the ownership is only prewritten in favor of the following, with a right effect pending the justification of the prenotarization; and if on the right of property intabulat in favor of the following is prenoted the right of property of another, with the effect of right pending the non-justification of the prenotarization. In this case, the stalker, on the basis of the conclusion by which he ordered the intabulation of the executive mortgage right or the notation of the right of execution, can take the necessary steps to justify the right of property favor of the pursuit or for the deregistration of the prenoted property right against the pursuit, adding the expenses that are set by court to the accessories of the basic process; and the tender can be requested after rising to value of law the decision ordering justification or deregistration. If it was noted in the funduary book the process started by the pursuer for the collection of its intabulate or pre-noted claim, the intabulation or pregrading of the right of property in favor of a third person, which would be made after the notation of the process, no may serve as piedeca for the unconditional notation of the right of execution and execution. These provisions also apply if the right of mortgage has been filed, without prior procedural procedure, on the basis of an enforceable act (art. 11 11 of Law XXXIV: 1871. art. 111 of Law XXXV: 1874, law XXV: 1878, art. 11 of the statutes of pawnshops and art. 2 of Law XXXIX: 1879), or whether it was filed or prewritten on the basis of a sentence of conviction, or on the basis of judicial transaction, in which cases, the intabulation or pregrading of the right of property in favor of a third person, made after the mortgage right has entered, it also can no longer prevent the unconditional notation of the right of execution and execution. Note: The laws mentioned in the last paragraph are strung exempli gratia, under the enforceable act to be understood "act invested with the enforceable formula". + Article 138 If, in accordance with art. 74 of the regulation of the funduary books, conditionally intabulates the right of executive mortgage on a past building on the following by way of succession or related, but unabated yet or even prewritten as his property, the continuation execution measures must be suspended until the ownership of the following is filed. To this end, the pursuer is entitled to take the necessary steps, on the basis of the conclusion by which the conditional intabulation was ordered. The expenses arising, set by court, are added to the accessories in the basic process. + Article 139 The conclusion of the execution of the execution is communicated both to the pursuer and to the pursuer; but if the application for execution is rejected, the following shall be known only, with the restitution of all copies of the application. If the sitting court rejects entirely the intabulation of the executive mortgage right, the justification of the pre-grading of the mortgage right, namely the notation of the right of execution, shall be known only to the pursuer and the court that addressed the commission rogatory. If the conclusion is returned, it is not possible to present the following, it is called on his account a curator, without citation by publishing, and the curator is communicated to the conclusion, as well as the other decisions that are made during the execution, until the following announces his home or cares for representation. + Article 140 * Both parties have the right to appeal within 8 days counted from the communication, against the conclusion given by the competent court on the issue of ordering the execution, as well as against the conclusion given by the funduary card authority on the matter the inscription of the right of executive mortgage or the notation of the right On the appeal directed against the conclusion of the order of execution, the appellant must annex the copy handed to him from the application for execution. However, against the conclusion of the second instance, by which the conclusion of the funduary authority is changed, the date on the question of the intabulation of the mortgage right The executive, the justification of the prenotarization and the notation of the right of execution, can be appealed, which will be submitted in 8 days. With regard to the suspensive effect of these calls (recourse), they serve as the provisions of art. 37. Note 1. By art. 79 and 81 of the law No. 144. for the High Court of Cassation and Justice, of 20 Decemvrie 1925, the recourse of the second degree was abolished, with the sentences and terminations given after its promulgation, by the second instance, in any contentious proceedings. or graceful are perfect from the moment of communication and on their contrary there is no other way than only the appeal in scrapping. Suitable art. 50 of Law No. 539, for the High Court of Cassation and Justice, of July 13, 1939 appeals against the sentences given by the court, as a court of appeal, in matters of appeal to execution, and appeals against the courts of the courts from Transylvania, as a court of appeal (recourse), in any matter of execution shall be judged by the respective Courts of Appeal. 2. By art. 34 of law No. 394, for the acceleration of judgments, of 23 June 1943, the term of appeal was amended, which is, against the decisions given by the judges, of 10 days, from the day of delivery or communication, as the case may be, and the term of appeal against the court's rulings are, according to 43 43 al. 2, of the same law, of 15 days from communication, when the appeal is of the jurisdiction of the Court of Appeal. It is also appropriate to mention that, according to art. 23 of 1 July 1941, for exceptional measures, all deadlines for attacking judicial decisions, provided in the code of civil and criminal procedure, those provided for in the trade code and civil code, for the performance of acts and the formalities required by these codes, and having a patrimonial character, as well as the preemption deadlines, were increased by 15 days, during the above mentioned law. + Article 141 About the submission of the appeal (recurgerei) declared against the conclusion of the execution of the execution and the decision of the higher court, the authority of the funduary books will be endorsed. If the second court annulled, dissoluted, the termination of the execution order, or changing the conclusion rejected the application for execution, the intabulation of the executive mortgage right, the justification of the prenotarization or the notation of the right of execution, will radiate from The competent authority of funduary books shall also be endorsed for this purpose. If the second court changes the conclusion of the funduary authority, it will be known, apart from the parties, and the court that ordered the execution. As regards the knowledge of the parties, the general rules apply. + Article 142 The intabulation of the right of executive mortgage or the notation of the right of execution has the effect of law that, a posterior intabulation or prescoring of the right of property, cannot prevent the continuation of the pursuit + Article 143 If the ownership of a common wealth is entered in the names of the co-owners in undetermined parts and the execution is not directed for the collection of a claim that strikes all the owners, the funduary card authority, citing by the conclusion ordering the intabulation of the right of executive mortgage or the notation of the right of execution, on all interests, holds protocol (^ 1), and after an eventual necessary proof procedure, decides by sentence on Property portions. If the contrary does not prove, the portion of all co-owners is considered equal, except, when the husband and the descendants of a person are registered with undetermined portions, in which case half of the building is considered the property of the husband, and the other half property of descendants enrolled as owners, in equal portions on ends or on stalks. In this case, the auction may be required only after the right amount of the sentence is lifted. Art. 143 is amended by art. 47 of the Law of LIV: 1912, as follows: Article 47. -The first paragraph of art. 143 of the law LX: 1881 is amended in the sense that, the authority of funduary books decides by conclusion and not by sentence. The last paragraph of art. 143 of the law LX: 1881 is replaced by the following provisions: The party, which has suffered in the course of this procedure any damage, can capitalize on its claim on the ordinary course of the law. In the case of this article, the auction may be requested only if it is not justified by the funduary card authority, within thirty days, to submit the process against the conclusion of this authority. In case it is justified to submit the process, the tender can be requested only after it has risen to the value of law the decision to settle the process. Note. The protocol shall mean the summary procedure, which may be of a contentious or graceful nature, in the course of which the court of enforcement, shall rule as in the present case, on an injurious matter. See: art. 55 55 al. 2 and 3 of the LIV: 1912 law. + Article 144 After expiring 15 days, counted from the communication with the following to the conclusion of ordering the intabulation of the executive mortgage right or the notation of the right of execution, the pursuer may ask, In a copy, order the auction. In this request will be shown exactly the buildings required to be auctioned, the claim will be calculated together with the accessories, further the necessary data will be presented for the establishment of the call price (art. 145 145) and the draft of the tender conditions will be presented. In this way he can ask for the auction and the following. Note. In accordance with art. 1 1 of the Law No. 306, for the amendment and repeal Law No. 230 of July 11, 1930 , of August 5, 1938, the pursuer is obliged to show the value of each of the buildings that follow, even in the request for execution. + Article 145 * In order to be able to determine the price of the call, a certificate issued by the perception must be presented, or if the giving is paid in the commune, a communal certificate, about the giving to the State, at how much was imposed in the last year expired be auctioned. If together with the building is auctioned and the minor regalian right, in order to determine the price of the call, the data will also be presented according to art. 131. The minor regalian right is considered to be auctioned together with the property only then, if this express is shown in the auction publication. Note 1. This article was amended by the laws shown in the note under art. 135. 2. By a minor regalian, it was understood those rights that were due to the landowners under the old regime before 1848, such as: the right to hold fairgrounds, carcasses, milling, fishing, etc., which were however abolished by several laws, after cessation of urbarial relations. + Article 146 The funduary card authority, if it finds that the tender can be ordered, has an auction publication, and if it finds that the tender cannot be ordered, by an end of rejection, which will be passed on the auction request, return to the following the scriptes submitted according to art. 144 and possibly showing in the closing of the rejection, the shortcomings that must be completed, in order to be able to order the tender. + Article 147 * In the event that the tender is ordered, the auction publication to be issued shall contain the following: a) The exact showing of the property auctioned, after the district court, the commune and the number of the funduary book; b) The name of the stalker and the following and showing in figures the capital of the claim, for the collection of which the execution is directed; c) The established call price; d) Place and time of the auction, the latter with the showing of the day after the calendar and the hour; e) Amount of the vadium that must deposit the persons who want to buy; f) Payment Terms; g) The mention that, the tender conditions, established at once with the issuance of the auction, can be seen in the official hours at the funduary book authority and at the respective commune hall. If the call price of the property passes 100,000 lei (in text 5000 florins), also, if the call price is lower, but the building is located at the office of the funduary card authority or near it, the auction will be fixed in the local the funduary card authority, and for the bidding of the buildings located in another place, if the call price does not pass 100,000 lei, the tender will be fixed at the respective communal town hall. The reasoned request of the stalker, made by the auction request, or at the request of the other interested parties, submitted before the auction request is resolved, the funduary card authority may fix the auction on the spot and when The price of shouting passes 100,000 lei. Suddenly with the issuance of the auction, the auction will be noted in the funduary book. Art. 147 is completed by art. 21 21 of Law XII: 1908, as follows: Article 21. -Art. 147 of the Law LX: 1881 is completed with the following provisions: The court determines the amount of the vadium according to the circumstances, taking into account the proposal of the pursuer, made in this regard This amount may not be less than five percent and higher than twenty percent of the price of the outcry. When he bids the State, he is not obliged to deposit the vadium. They are not obliged to submit the vadium, when they are auctioned buildings encumbered in their favor with the right of mortgage, nor the anonymous companies and cooperatives based in the capital of the country, authorized by the second paragraph of art. 10 of Law XXX: 1889 to issue land scribes exempt from tax, as well as the central credit cooperative constituted under the law XXIII: 1898. If in the sense of the law, the competitor loses the vadium, the competitor exempted on the basis of this article to submit the vadium, is obliged to record in the court deposit the amount corresponding to the vadium, within eight days from the receipt of the summons the funduary card authority. In the auction publication must be shown that, the property is not auctioned under the share of the call price shown in art. 26 and that, the buyer is obliged to complete the vadium according to art. 25. Note 1. Art. 25 of Law XII: 1908 is reproduced in art. 170, and art. 26 of the same law in art. 171. 2. Art. 147 was amended by art. 3 of the Law No. 306, dated August 5, 1938 ,, as follows: Article 3. -The auction will be held separately for each of the goods followed, and where there are land books, on each of the land bodies. The guarantee that competitors will have to file for real estate sales, according to the laws in force, will be in cash. Privileged creditors or mortgages on the property pursued, as well as its co-owners, are dispensated by the guarantee. The amount from which the cries begin, will be the one fixed according to the provisions of art. 1, reduced by 25%; it will be indicated in the sales publication. + Article 148 Paragraph intaiu la art. 148 is amended by art. 48 of the Law of LIV: 1912, as follows: Article 48. -First paragraph of art. 148 of the law LX: 1881 is replaced by the following provisions: In the absence of an expert evaluation according to art. 22 of Law XII: 1908, the call price must be determined according to the valuation price of the property, proven with official certificate of giving and evaluation. It follows paragraph two of art. 148 148: In order to be able to determine the outcry price of a tax-exempt building, the pursuer is obliged to annex to the tender application (art. 144), if the building is located at the office of the funduary authority, the evaluation book issued by any of the treasured employees of this authority, and if it is located elsewhere, the evaluation book issued by two members of the the respective communal mayors. In this case, the call price will be the assessment price (art. 159 159 and 160). Provisions of art. 148 are also completed by art. 22 22 of Law XII: 1908, as follows: Article 22. -The provisions of art. 148 of the law LX: 1881 is completed with the following provisions: The stalker and apart from the case of art. 159 of the LX law: 1881, may ask, before the publication of the auction, that the valuation price of the property should be determined, at its expense, by way of ordinary assessment, by two experts who will be appointed ex officio. In this case, the auction publication can be issued only after the evaluation is finished and that the call price serves the assessment price. Note. This article has been amended by art. 3 3, paragraph 3, of the law No. 306, dated August 5, 1938 : Article 3. paragraph 3: The amount from which the cries begin, will be the one fixed according to the provisions of art. 1, reduced by 25%; it will be indicated in the sales publication. + Article 149 On the call price, which will be determined according to art. 148, shall be auctioned at once with immovable buildings and accessories only with the ruination of the substance or with a significant depreciation. As long as the tender conditions do not include a contrarian stipulation, suddenly the property is auctioned and the unculeasa harvest due to the following. Their evaluation price, if any of the interested proves it with a certificate issued by a judge or two members of the city hall (art. 148), presented before the auction with 8 days, will be added by the portarel at the auction price with the occasion of the auction. This does not touch the provisions of the auction publication regarding the vadium to be submitted. + Article 150 Suddenly with the issuance of the auction publication, the funduary card authority sets the tender conditions-taking into account the building to be auctioned, its price and the project presented by the pursuer,-in such a way as on the one hand The pursuit of the pursuer can be done without unmotivated delay, and on the other hand not to harm the interests of the pursuits and of the mortgage creditors, nor to make it difficult to compete between those who want to buy. The tender conditions will include in particular clear stipulations: in what rates, at what intervals and where the purchase price must be paid, and what exactly the buyer must meet in order to be able to take into possession the property taken out in auction and to be able to make the transcript in the funduary book. In the tender conditions it must be included that, the buyer is obliged to pay after the purchase price a 6% interest, counted from the auction day, and the tax charges in connection with the purchase. These bonds fall to the buyer and then, if in the bidding conditions there is no memory of them. As far as the auction conditions are not expressly included otherwise, the vadium shall be deposited in cash or in good effects for cautions at the rate shown in art. 42. Note 1. Suitable art. 1 of the Law No. 124, for the establishment of interest rates and the removal of the loan from May 5, 1938, the legal interest is 1% in civil affairs and 2% in commercial business over the account of the National Bank of Romania. 2. According to art. 3, para. 2, of the law 306 of August 5, the guarantee that the competitors must submit to the real estate sales, shall be in cash. They are guaranteed by the guarantee: privileged creditors or mortgages on the property pursued, as well as its co-owners. + Article 151 For the auction, a single auction term is fixed, if the call price does not pass 40,000 lei (2000 floreans, in the Hungarian text), for at least the season and no more than ninety days, counted from the day following the publication of the publication, and if the price of outcry passes 40,000 lei, for at least ninety and at most unasutadoutered days, counted from the same day, with the mention that, the building is sold at this term and below the price of outcry. Note. See paragraph 3 of art. 3 3, art. 4 4 and 5 of the law No. 306 of August 5, 1938 . + Article 152 * The auction publication shall be brought to the attention, by display to the funduary card authority and by notifying it in a regulatory manner on the territory of the respective commune and the neighboring communes. The communal town hall, on the territory of which is located the building to be auctioned, is sent a copy of the auction publication, for display, and a copy of the tender conditions, in order to become aware of them (art. 147 147). If the call price passes 6000 lei (in the text: 300 floreans), an extract from the publication with points a), b), c), d) and e) of art. 147, it is inserted once in a local gazette, in the absence of it in the gazette that appears in the nearest place,-and if the call price passes 40,000 lei (in the text: 2,000 florins), it will be inserted three times in the official gazette. In the capital of the country, the extract of the auction is inserted in the official gazette, but only once, even then, if the call price is over 6000 lime, in the text: 300 florins, but it does not pass 40,000 lei (in the text: 2000 florins). Apart from this, each interested (art. 153 153) may ask to insert the auction publication, at its expense, without consideration at the price of the call, and in another gazette or and several times. To that end, the funduary authority shall be obliged to issue to the party presenting a copy of the auction. The late or wrong insertion of such publication has no bearing on the effect of the auction. On the publishing copy, displayed at the funduary card authority, the head of the expedition service is obliged to note the day of the display and sign. This copy of the publication shall be lifted after the expiry of the tendering period and after the day on which it was raised is noted, it must be attached to the file. Note 1. Article 152 has been amended by art. 2 of Law No. 306 of August 5, 1938 ,, as follows: Article 2. -The creditor is obliged to publish in a newspaper spread from the country and one from the locality where the auction is held, an extract of the apipt or the publication, containing the description of the good put up for sale, the name of the debtor, the court the sale, the locality where the auction will be held, if the sale will be made by auction on the spot, date and time of sale and the file of the tracking court. This publication, the only one mandatory, will be made five days before the day fixed for the auction. 2. In respect of immovable property located in military areas, see art. 1 of Law No. 279, to amend some provisions of the law for the creation of military areas and for the necessary measures to defend the country, from April 2, 1942. + Article 153 The auction publication, which is also to be considered to be concluded by the auction order, shall be communicated together with the tendering conditions: a) b) Tracking; c) All those, in favor of whom it is intabulat, according to the book, right of mortgage, or is intabulat as a subjection on any mortgage right intabulat, or is intabulat or prewritten, on the property to be auctioned, another right of funduary book, or whose application with such an object is noted with marginal note or as non-definitively rejected, being understood here and the eventual co-owners of the following or other interested according to the funduary book; d) Financial administration (in the text: the dare inspector). If a claim that does not derive from taxes or duties is intabulated in favour of the tax office, but otherwise, the publication shall be communicated to the State's litigation service (in the text: to the judicial business). The auction publication is communicated to the interested persons shown in points b) and c), with the omission of the citation by publication, according to the rules for the delivery of the introductory court entries. If, within 30 days, counted from the display of the publication, the proof of regulatory delivery does not arrive about the communication of the auction publication with interests from b) and c), the funduary card authority appoints for representation You are unfamiliar with the curator. Suddenly with the appointment of the curator will be handed down, at least 15 days before the auction deadline, and the auction publication together with the tender conditions. For interested parties whose domicile is unknown, one can also be called a curator before the attempt of the delivery. The named curator represents in the course of the entire execution procedure the interest, on account of which he was appointed, until he is not taken care of by the representation. As far as it is not verosimila a collision of interests, the same curator can be called for several interested, but for the following he will always be called a separate curator, if he has not already been called according to art. 139, namely, if his representative from the trial is known and lives at the seat of the court, in his person. The interested persons know about the appointment of curator by registered letter, addressed to their domicile and if he did not know himself, at the commune to which the building to be auctioned belongs. + Article 154 After 30 days expire, counted from the display of the publication, the funduary card authority, at once with the eventual appointment of curator, required according to the previous article, tasks with conducting the tender a delegate, to whom he teaches the scripts necessary. For the performance of the auctions from the headquarters of the funduary card authority ( 147), is usually delegated, a judge or a notary public, and for the holding of tenders on the spot, it is delegated, as a rule, a portarel, that is addressed to the rogatory commission in order to delegate the portarel, to that judge of detour, in the constituency to which the auction is to be made + Article 155 The buildings, as they form according to the law a single body of wealth, must be auctioned at once. If, however, any body of funduary wealth consists of several parcels registered under different numbers, the pursuer is entitled to formulate by the tender petition the request, that the only plots to be auctioned separately. On this request it decides the authority of funduary books after listening to all the interests in the funduary book with the known domicile. No appeal (recourse) takes place against the conclusion. The pursuer is obliged to present in this case the data shown in art. 144 in such a way, as from those, it may be possible to determine the outcry price of the various parcels separately. Several bodies of funduary book wealth, even if they were auctioned at the same time, as a rule, cannot be auctioned at once. However, at the request of the motivated pursuer by the auction petition and after listening to the interested in the funduary book with the known domicile, the funduary card authority can order to auction at once the buildings encumbered with the same inscriptions A funduary book, if they are contained in the same funduary book, or if in nature they are located next to each other Note. See the note under art. 147. + Article 156, 157 and 158. -have been modified by art. 24 24 of Law XII: 1908, as follows: Article 24. --Instead of art. 156-158 of the law LX: 1881: If, among several co-owners of a building, the execution is done only for the duty of one or more of them, but not for the duty of all, as a rule, the tender is ordered only on the portion of the one followed or those followed. However, if within 15 days, counted from the display of the auction, all the other co-owners demand, through authentic petition, and also advance the necessary amount-which falls to them-for the expenses of the new publishing, the funduary card authority orders the tender on the entire building and setting a new auction deadline, issues a new publication. This application cannot be revoked. Each of the co-owners who requested the tender can compete for the building For this purpose, it must submit from the vadium only the proportional share in relation to the portions of the building of the other co-owners. If they have bought the property one or more co-owners, the buyer is not obliged to pay the share of the purchase price that falls on his portion of the property. The distribution of the purchase price collected and the deletion of the tasks will be done in this case in such a way, as if only the portions of the other co-owners were auctioned. + Article 159 * The accessories of the building to be auctioned, as a rule, do not comply on the spot. The pursuer, however, has the right to present at the request for tender and a conscription and evaluation of the accessories, made by a treasurer court employed stable, respectively by two members of the communal town hall, in which case the evaluation price of accessories will be added to the call price. And if from the letters joined at the request for auction it would result that, the call price of the property to be auctioned, which will be determined according to art. 148, is at least 100.000 Lei (in text 5000 florins), as well as if the pursuer proves with certificate issued by a treasurer employed in a stable manner or by two members of the communal town hall, or authentically otherwise, as on the building that to be auctioned is built a factory, or steam mill, or another building having decisive importance on the pricing, can ask, that before the auction is ordered, to be done through the portarel, a punctual conscription of the accessories on the spot and to determine both their valuation price and the valuation price of the property, by way of ordinary assessment, by two experts who will be appointed ex officio. In this case, the auction is ordered after the end of the procedure on the spot and that the call price serves the assessment price. Note. See the note under art. 135. + Article 160 And apart from the cases of the previous article, until the tender application has been submitted, the following has the right to ask the funduary authority-as far as the expenses that fall in its charge advance-to make the conscription and evaluation the accessories of the building through two experts appointed ex officio. If such a conscription and evaluation of the accessories is made, the minutes to be joined to the script and the auction publication are issued after the end of the procedure, and as a call price will serve the evaluation price. + Article 161 If on the immovable to be auctioned is noted in the funduary book a claim of property right, non-resident still with the value of law, and the claim of the stalker was intabulat in the funduary book after the claim of As a property, the auction cannot be ordered until resolution with the right value of the claim. If, with regard to the noted claim, the process is not yet in progress, at the request of the pursuer, the claimant must be directed to submit the process in a fixed term; having the following the right to intervene in the ongoing process or in the one that will Forward. And if the writer's claim has inscription in the funduary book before the claim is noted, the auction will be ordered and carried out without consideration to the claim, but the part of the purchase price, which remains after the indestulation of the tasks positions with the inscription before the notice is noted, must be held in court filing until the resolution with the right value of the claim. These rules will also apply then, if, on the property to be auctioned, any property process is noted. + Article 162 If on a building is noted in the funduary book, with priority over the claim of the pursuer, a right of zalog redemption, the tender must be ordered provided that the right of zalog redemption remains untouched. But, if the stalker's claim is intabulated with priority over the zalog redemption right note, the auction will be ordered without consideration to the zalog redemption right and the rest of the purchase price, which remains after the date. they will fill the positions of tasks before the notation of the right of zalog redemption, must be recorded in the court deposit, until it is decided on the right of redemption of zalog, by the court sentence or by transaction. + Article 163 If on the property to be auctioned is inscribed in the funduary book a right of servitude, the auction is ordered provided, that the right of servitude remains untouched. However, if a claim is filed on the property before the servitude is filed, suddenly with the ordering of the auction, the amount must also be determined, which is shown sufficient for the total indestulation of previous mortgage claims servitutions, and in the tender conditions will also be shown that, as far as the building is sold with the maintenance of the right of servitude for a price that does not reach the established amount, necessary for the purpose of stuffing the positions of tasks prior to the inscription of the servitude in the funduary book, the auction becomes without effect and the property is sold at the fixed term of new, without the maintenance of the right of servitude. + Article 164 If the object of the tender is a vineyard, at the request of the pursuer, or of the following, or of any tabular interest, the competent court for carrying out the execution may order the vineyard to be given in the administration of a sequester appointed ex officio. The administration through the sequestering curator of other buildings can be ordered only then, if the petitioner justifies that, without this property is exposed until the auction of a danger of depreciation. + Article 165 With regard to the appeal (appeal) to be submitted against the publication of the auction issued by the funduary authority, which is also to be considered as a conclusion of the ordering of the tender, as well as to its suspensive effect The general rules shall apply (Art. 37 37). In this appeal (recourse) it may also be necessary to remedy the damage caused by the provisions of the funduary card authority regarding the ordering of the auction, prior to or concurrent with the issuance of the publication. Besides this, those interested (art. 153 153) have the right to appeal to the funduary card authority, which must be submitted in 8 days counted from the delivery of the publication, for the modification of the established tender conditions, as well as for the remediation of the defects of form enjoyed by the provisions of the funduary book authority relating to the ordering of the tender. On the appeal it decides the authority of funduary books in 8 days-in case of need after listening to the other interested-and as far as it finds the grounded appeal, it has accordingly and in case of need it issues a new tender publication. The application for the modification of the tender conditions, submitted after the 8-day period, may be taken into account only then, if all interested (art. 153 153) by declaration with authenticated signatures or taken to the minutes by the funduary card authority. If the appeal (recourse) and appeal are submitted, the letters shall be submitted to the second court after the resolution of the appeal, but only in that case, if the damage complained has not been remedied following the appeal. + Article 166 If, at the moment when the execution of the right of executive mortgage is ordered, a forced execution procedure is under way against the same pursued and on the same building, in order to collect the claim of another pursuer, the authority of books It will declare, by concluding the ordering of the execution of the executive mortgage, on the posterior pursuer as adhered to the previous pursuer, and about the ordering of the unknowing accession on the pursuer, followed and on the previous pursuer. + Article 167 If the accession has been ordered, as soon as the auction publication has not been issued in favour of the previous pursuer, a collective auction publication will be issued at the request of any pursuer for the purpose of collecting the claims of the previous pursuer and posterior, with the showing of both followers, except when one or the other pursuer announces the regulation of his desistance from execution. And if the auction publication has already been issued in favour of the previous pursuer, the funduary card authority, at once with the ordering of accession, issues additional publication, ordering it to be held in favour of the posterior pursuer The auction ordered in favour of the previous This additional publication shall be communicated only to the stalker and shall be displayed at the funduary card authority. However, at its expense, each interested party has the right to insert the additional publication in the gazettes, in the way shown in art. 152. In the 15 days before the auction no further publication can be issued and if at this auction the property has not sold, at the request of the posterior pursuer a new auction publication will be issued according to art. 147 and urm. With the exception of this case, accession has the effect of law that, if the tender ordered in favour of the previous pursuer is not held for any reason, the tender shall be held in favour of the adhered + Article 168 Third person, who, through the execution that has been made on any immovable, feels harmed in the real rights he has on the property or on a part of it, apart from the specific cases regulated by art. 156, 161, 162 and 163, may submit, to the authority of funduary books, action against the pursuer, for the cessation in whole or in part of the real estate execution. * This action is judged by the rules of the protocol procedure and is resolved by sentence. Against the second court sentence, by which the sentence of the first court was approved, there is no appeal. If the claimant justifies the merits of his right, by action or in vain, in a manner worthy of being believed, the funduary authority may suspend the tender until the jurevalid resolution of the action, whether unconditional or conditional on filing a bail (art. 42 42). Note 1. See the note under art. 140. + Article 169 On the day of the auction, the portarel, presenting itself on the spot, if the auction must be held ex officio, shall be held ex officio, and otherwise only then, if the pursuer or the following is represented or if any of them announce, by petition written or by statement given to the minutes, that they do not want to be represented at the auction, but they still ask for their holding. The pursuer cannot take part in the auction as a competitor, unless, when he is not a debtor personally obliged to the pursuer, but is obliged to suffer the bidding of the property only for the reason that the dance is the owner of the funduary book. + Article 170 Before the start of the auction, the portarel reckons the amount of indestulation and the accessories, which, if not paid to follow, proceed further: read the tender conditions and invite those who want to bid, to deposit at his hand the vadium set or hand over the regulatory proof about the anticipated consigning of the vadium in the court deposit (today the container of the House of Dep. and Consignia.) and to sign the tender conditions. After this, the auction starts with the price of shouting and continues as long as gradual offers are made. If no one wants to offer more, the porter fixes a fixed time for closing the auction, which cannot be shorter than 5 minutes and longer than 15 minutes, but which can extend, at the request of any of the competitors, once, with another 15 minutes. If a new offer is made, the auction must be continued and when the offers cease, a new fixed time is fixed, according to the above. Until the fixed time expires, anyone would like to bid, perhaps and in the meantime to deposit the vadium and can make offers. After the expiry of the fixed time, if in the meantime no higher offer was made, the building is declared bought from the one who offered more and through this tender it is declared finished. Art. 170 is completed by art. 25 25 of Law XII: 1908, as follows: Article 25. -Art. 170 of the law LX: 1881 is completed with the following provisions: That, which offered for the building a price higher than the call price, if no one wants to offer more, is obliged to immediately complete the whiff in relation to the amount offered, at as many percentages as was the percentage of the whiff in relation to The price of shouting. If it does not meet this bond, the offer is not considered and can no longer take part in the tender, which must be continued without delay. If at the continuation of the auction no one makes any offer, but before he bid another, the building is declared bought from him, namely, if there were several competitors, from the one who offered more. If this offer passes the call price, the provisions of the previous paragraph must be applied. Competitor, exempt under art. 21 to submit the vadium, it is not obliged to submit any amount for the completion of the vadium. + Article 171 * If the price of shouting is not offered, the portarel is obliged to gradually decrease the price of shouting until offers are made. If the offer is made, regarding the procedure further, the provisions of art. 170 170. The building is declared bought from the one who offered more, even if he offered below the call price and took part only himself at the auction. The stalker, if present or if represented at the auction, may request the suspension of the tender, even in the course of the gradual decline in the price of the call, but only while any of the competitors did not make the offer. In the case of an orderly tender in favour of several pursuers, only the pursuers together can use this right. This right of suspension cannot be exercised when the following requests the tender. Art. 171 is completed by art. 26 26 of Law XII: 1908, as follows: Article 26. -Art. 171 of the law LX: 1881 shall be completed with the following provisions: Buildings subject to tax on buildings cannot be sold under half of the call price established by the auction publication, and other buildings under two thirds of the call price. If, in the course of the gradual decrease in the price of the call, the offer is not made at the minimum price, the portarel suspends the As regards the procedure, the following is followed according to art. 176 and 177 of the law LX: 1881, with the proper application of art. 21 21, 22 and 23 above. ^ 2) ____________ ^ ^ 2) See art. 21. 22 22 and 23 in art. 147, 148 and 158 of this law. Note. Article 171 is amended by art. 3 3, 4, 5 and 6 of the law No. 306 of August 5, 1938 : Art. 3, para. 5,-The amount from which the cries begin, will be the one fixed according to the provisions of art. 1, reduced by 25%; it will be indicated in the sales publication. Article 4. -If at the first deadline fixed for the auction was not offered a price higher than that fixed by the previous article, the tender will be postponed, the term of the new auction may not be shorter than 25 days nor longer than 40 days off from the date of the new Publications. At the new deadline that will be fixed, the price from which the cries begin will be the one fixed by art. 3, reduced by 10%, and if the price thus reduced or more is offered, the tribunal will pronounce the adjudication according to the laws in force. Article 5. -If it is not obtained at the second term of sale the price provided by art. 4, the sale will be postponed under the same conditions, to the new term the adjudication being made at the maximum price that will be obtained. Article 6. -In the laws in force that admit the adjudication of the good pursued on the creditor, in the case when it was not offered a higher price than that fixed by art. 4 4 above, the adjudication will only be able to be made on it on the price of which the amount is fixed by that article. + Article 172 If, at the same term, several bodies of funduary wealth or several plots of the same body of funduary wealth are to be auctioned separately, the following has the right to determine the order in which to auction the buildings. If the pursuer does not want to wear out this right of his own, the pursuer may unseal the order in which the buildings are auctioned; otherwise, the order shown in the auction publication and in the funduary book will follow. If, among several bodies of wealth or among several plots of the same body of wealth, was sold a part in the auction for such a price, that, taking into account the funduary book situation and also taking into account the verosimila sum of privileged claims, from the purchase price of the buildings already sold, cover unconditionally the claim of the pursuer together with the accessories, the further tender must be suspended. + Article 173 The minutes shall be drawn up about the auction, which shall include the following: a) Showing the object, place and time of the auction, with reference to the delegation conclusion and to the auction publication that was issued; b) The name of the carrier and the parties present or their representatives; c) The calculation of the claim and the fact that the tendering conditions have been read; d) Name and dwelling of those who want to bid; e) The exact signing of the gradual offers; in such a way, that, after the name of each bidder, the amounts of the tenders made by him should be shown; f) In case of art. 171, showing the gradual maturity of the purchase price; g) The highest offer, written in figures and letters, and showing that, as a result of this higher offer, in the fixed time no higher offer was made, the object of the tender is declared bought from the one who offered more; h) The mention that the vadium of the highest bidder was retained and that the vadium of the other competitors was returned. Competitors who do not want to participate further at the auction, confirming the receipt of the vadium or the submission certificate, can sign the tender minutes at any time during the auction. + Article 174 The buyer, if he has tendered from the entrustment of someone or in comrade with someone, is obliged to appoint at the end of the auction on the warrants or on his property companion and to sign the minutes showing this quality. If such a statement is not made, as well as then, if, although the statement has been made, no immediate proxy is filed, given by the warrants or the companion of property and legalized as a rule, or if it has not been submitted to the court in no more than eight days from the auction, it is considered the only buyer, who made the highest offer. At the request and at the purchaser's expense, the portarel is obliged to appoint a provisional seizure curator, whose mission is to supervise the unscathed preservation of the property and accessories, until the surrender or seizure of Property. + Article 175 After the end of the auction, the portarel is obliged to submit to the funduary card authority, without delay, all the scripts, the auction minutes as well as the amount or effects submitted as a vadium. If, for any reason, the scripts cannot be submitted without delay, the amount or effects submitted as a vadium, shall be submitted with a separate report, at the auctions held in the locality, immediately after the end of the auction, and at other auctions, after arriving at home Goalie. The auctioned auction expenses shall determine the funduary authority after the arrival of the report. + Article 176 * If the auction is left without a result, the portarel is obliged, in addition to submitting the scripts, to do within three days the report of the funduary card authority. Within six months, counted from the day of the auction without result, the funduary card authority shall fix at the request of the pursuer or the following a new tender term, on thirty days, which shall be made public in the manner shown in art. 152, with the distinction that the extract of the publication is inserted only once in the official gazette even then, when the call price passes 40,000 lei (in text: 2000 florins). The publication is communicated to those interested, according to art. 153, for proof of delivery and if the proof of delivery does not arrive within fifteen days, counted from the display of the publication, it is called a curator. The appeal (recourse) and the appeal, submitted against this new auction publication, have no suspensive effect on the young auction. If no application has been submitted for the fixing of a new tendering period within six months, counted from the day of the auction left without a result, the deletion of the tender shall be ordered ex officio. These rules also apply when a fixed tender has been postponed by the common agreement of the parties. Note. See the art. 2 2, 3, 4 and 5 of the law No. 306 of August 5, 1938 (reproduced to the note under art. 152 152 and 171). + Article 177 After six months, counted from the deadline of the remaining auction without result, or postponed, the order of the new auction must be requested at the funduary card authority according to art. 144 144. In this case, it will be done regarding the ordering of the auction and the fixing of the auction deadline according to the rules of art. 145 and follow, and regarding the publication of the tender term and the knowledge of the interested, according to the provisions of art. 152 and 153. Note. See note from art. 176. + Article 178 For the vices of form enjoyed at the auction, the stalker, the stalker, the mortgage creditors and the co-owners, in the case that they were also bid their portion, can do within eight days, counted from the end of the auction, the appeal, which will be submitted directly to the funduary card authority; upon the resolution to which the provisions relating to art. 165. Regarding the appeal (recursion) that was declared against the conclusion given on the appeal, the general rules apply, however, if the funduary card authority cancels the tender following the appeal, against this conclusion, it can appeal (recourse) and the buyer in the auction. + Article 179 The cancellation of the auction, carried out on some buildings, takes place only in the following a) If it was not presented to the auction publication of place, or not in time necessary, or not to be presented regularly, to the interested, to the curators and, in the cases of art. 185 and 187, to the previous buyer (art. 153 and 176, further art. 185 185 and 187); b) If the publication of the first auction has not been displayed at the funduary authority at least 60 days before the auction, and the publications of the following auctions at least 15 days and in as much as is necessary and an insertion in the gazettes, if the publication of the first auction was not inserted, according to art. 152, 15 days before the auction, and the publications of the following auctions, according to art. 176, 8 days before the auction; c) If the tender was held, although in the course of the execution procedure it was submitted on the basis of art. 140 and 165, in related term, appeal (recourse) or appeal with suspensive effect on young tender; d) If the auction was not held in its place during the time shown in the published publication, handed or inserted or if the property shown in the publication was not bid; e) If anyone was admitted to bid without lodging the vadium, or if, without legal reason, a competitor was excluded from the auction, who offered to submit the vadium; f) If the provisions of art. 170 170 and 171 relating to the gradual offers, the establishment of fixed time and the termination of the tender; g) If, in accordance with art. 171, 172 and 185, the auction should have been suspended and yet it was held. On the grounds that the auction publication has not been handed out regularly or has not been handed down, the auction can only be cancelled then, when the appeal is filed on this ground by the interested, who, due to the irregularity of handing, has not I was very pleased. On the grounds that he was not appointed curator, or on the grounds that the auction publication was not handed to him regularly or by the place, the cancellation of the auction takes place only then, if he makes an appeal to the interested non-knowledge of separate auction (art. 153 153). + Article 180 If in 8 days, counted from the day of the auction, no appeal is submitted, only if the tender conditions do not provide otherwise, it is issued to the buyer-purchase certificate, on the basis of which, the buyer may take possession of the property bought and entered as much as he would have prevented in this from his pursuits by someone else, he can ask, for taking possession of the property, the help of the communal or administrative authority. If the buyer asks, putting in possession is done through the portarel and in case of need, using public force. If the appeal is submitted, within 8 days, counted from the day of the auction, at the request and at the expense of the buyer, the buildings sold are taken under seizure, even without the justification of any danger. + Article 181 If the tendered property is given in rent or lease, tenants or tenants are obliged-outside only if the opposite has been stipulated in the tendering conditions-to cede to the buyer the right of use, namely: the tenants, according to the modalities from the contract, at the end of the economic year in which the tender was held, and the tenants, in accordance with the local norms and in their absence, after a three-month denunciation. The price of the location, due after the auction day, is due to the buyer. The rights, which the tenant or tenant would have against the lessor, possibly also on the purchase price remain untouched. The tenant or the tenant, if they were approved about the auction by the buyer, can no longer pay the following the price of the place that becomes due from the auction day and until they are raised to the right value, but are obliged to submit it to Court (today House of Dep. and Consign.). + Article 182 If it amounted to the value of right the auction and the buyer fulfilled the tender conditions, in particular he paid the purchase price, the funduary card authority orders ex officio to meet on his/her name the right of ownership over Property. Suddenly with the intabulation of the right of ownership, all positions of intabulate or pre-noted tasks and notations will be radiated ex officio, except for those who eventually remain in the being according to art. 162 and 163, or which would take over according to art. 183. + Article 183 The buyer is free to invade with mortgage creditors, to stay their claims-in as much as they would receive indestulation from the purchase price-and further on the property as a task. Such claims are considered as if they were shed and ordered to creditors. + Article 184 Taxes, which encumber the property, due after auction day and transcription fees, will be borne by the buyer. The rates due after the auction day, from the vineyard dijma, from urbarial redemptions and similar ones, as well as from the debt for water regulations, which encumber the building, fall to the buyer, without being counted in the purchase price. For other tasks of the previous owner-only if the tender conditions do not contain the opposite-the buyer does not respond. + Article 185 If the buyer has not fulfilled the tender conditions within the period fixed, besides the loss of the vadium, which will be added to the purchase price that will be charged to a new auction and which is distributed at once with that, at the request of any interested, the funduary card authority orders a new auction. In this case, the new auction deadline shall be fixed by the 30-day funduary card authority according to the rules of art. 176 176. The auction publication that is issued in this case, must be communicated apart from those shown in art. 153 and the previous purchaser, namely the latter after the rules for the delivery of the introductory acts of court, but with the omission of the citation by publication, at least 8 days before the auction. The previous buyer cannot take part in the new auction as a buyer. If, before the term of the new auction, the buyer, besides paying all the expenses caused by the order of the new auction, fully fulfils the tendering conditions in a time, when the porter can be endorsed before holding the auction, the funduary authority is obliged to suspend the tender, and if this payment is made before the start of the auction at the portarel, it is obliged to suspend the tender. Note. See the note under art. 152. + Article 186 If at the new auction the property would sell for a price higher than the previous purchase price, the extra difference is not due to the buyer. Otherwise, if the building is sold for a lower price, the previous buyer is obliged to pay the difference that arises between the old and the new purchase price, but in this difference the vadium is also counted. Until the competition of the difference to be paid, at the request of any interested party, even without justification for any danger, the funduary card authority is obliged to order against the buyer execution of insurance and after listening to a Protocol debauchery on the interested and the previous purchaser, determines the amount that the previous buyer will be obliged to pay within 15 days under penalty of execution. On the basis of the conclusion that is given in this regard, forced execution takes place, but on it, the appeal (recourse) that is submitted, has suspensive effect. + Article 187 It was modified by art. 27 27 of Law XII: 1908, as follows: If, within 15 days after the auction, someone-besides the submission of the established whiff, or in the case of art. 25 of the completed vadium,-makes an offer, which surpasses the buyer's offer by at least the tenth part and also advances the expenses of the new auction in relation to the expenses established for the previous auction (oversupply), the card authority funduare declares the previous auction without effect and orders a new tender, to which they are to apply, regarding the issuance and delivery of the auction publication, the norms of art. 176 and 185 of the LX law: 1881 and art. 21 21, 22 and 23 above. Oversupply can no longer be revoked. Paragraph penultimate of art. 21 21 must be applied in case of oversupply. The new auction is held according to the general rules, except that: 1. The oversupply is mandatory and then if the bidder does not appear at the auction; 2. If a higher offer than oversupply has not been made at the auction, the property shall be declared bought by the overbidder; 3. The expenses of the new auction are obliged to pay the buyer, above the purchase price. All these deviations must be shown in the auction publication. Among several overoffers is considered the highest. Oversupply is also mandatory then, if the auction held in its wake was cancelled, ordering a new auction. After it was held in accordance with this article the new auction raised to the value of law, another oversupply can no longer be made. Note. Regarding art. 21, 22 and 23 quoted in this article, see the note under art. 171, point 2. + Article 188 After the auction has been raised to the value of law, the funduary card authority fixes the deadline for the opening of the officio series and quotes for it those interested according to the funduary book, respectively the curator named on them in the course the execution and the financial administration, the latter with the invitation, to submit, until the deadline for the opening of the series, a painting about the taxes to the State and the commune, which directly encumbered the building and which became due until the day auction, specifying in it the day of maturity and accessories, as well as a note about the fees which encumbered the building, with the specification of the day in which the legal act of the transfer was declared, finally the paintings justifying the existence of debts from taxes and older taxes, intabulated with right of mortgage, all the more that, if they were omitted their submission and if they were not present at the opening of the series, taxes and fees shall be removed on the occasion of the distribution of the price. As in the course of the execution procedure it would not be appointed curator for the representation of mortgage creditors with the unknown domicile, they must be called a curator, communicating its conclusion. If it results from the funduary book or if the funduary book authority is aware that, the building is encumbered with vineyard dijm, urbarial redemption or other such redemption, or debt for water regulars, must be quoted at unstriking for the distribution of the price and the rightful owner, or the representative of the composesorate, the representative of the company for water regulations For absent or unknown creditors it is not necessary to issue publications. The buyer if he did not shed the entire price, also must be pleased about the opening of the series. + Article 189 From the purchase price will be paid, before the mortgage creditors, the following privileged positions, in the following order: a) The expenses made by the pursuer and in the cases of 166 and 167 followers, for the publication and conduct of the real estate auction, established by the court, further the stamp expenses of the drawer sale, the fees for the opening of the series due to the curator appointed to represent unknown creditors and in the case of art. 164 and 212, expenses and fees of the sequestering curator; b) (This paragraph was replaced by art. 317 and 318 of the law No. 269, for the tax procedure code of April 1, 1942; see the text to our desvolts from the pag. 171 171 and 172); c) The rates, which in accordance with the laws in force directly encumber the property, from the vineyard dijm, from the amounts of urbarial redemptions or other like and from debts for water regulations, which became due before the auction day, outstanding for a time no longer old than three years. If the claims from point c) could not be paid in full from the purchase price, they will be paid in the first place, the claims for water regulations, and the other claims will suffer a proportional reduction. Note. See Chapter V Section V regarding the regime of privileges. + Article 190 After the indestulation of privileged claims, they will indestulate from the purchase price the claims of mortgage lenders, in the serial rank of the funduary book. The claims on several bodies of funduary wealth, contained in the funduary books of the same authority of funduary books, auctioned at once, will be passed in the indestulation order with the observation that, in how much the distribution of the price would be made suddenly, the receivables, whose total indestulation can be done and besides a proportional distribution, will be indestulated from the proportional purchase price. -This rule also applies to mortgage claims, which encumbered the portions of several co-owners in a common building. And, if the claim secured by the mortgage also strikes on another immovable property in the auction, or also on an unsolicited portion of a common building of another owner, from the purchase price will indestulate the creditor, according to his will, in whole or in part. Posteriori mortgage lenders have the right to repurchase, with cash payment, until the price distribution, the claims of previous mortgage lenders. If several mortgage lenders want to use this right, the priority is due to creditors in the order of inscription in the funduary book. But, the mortgage lender with posterior inscription, can capitalize on its right of redemption and against the previous mortgage lender, if it redeems it and its debt with cash payment. The mortgage lender, which has redeemed any claim, enters into the claim redeemed in the rights of the creditor. Note. See also art. 17 of the Law No. 33 on the liquidation of agricultural and urban debts, of April 7, 1934, for the case when, following the final adjudication of any good, the creditors with reduced claims would come with other creditors not entering the provisions that law, and the price of adjudication would not be sufficient to cover the totality of claims + Article 191 If on the tendered property is intabulat in favour of someone the right of use, the purchase price, respectively the rest of this price, which remained after the indestulation of previous mortgage creditors, will be recorded in the court deposit or will be fructify according to art. 202, and the interest income must be released to the usufructuary. In the case of another servitude, if the building was auctioned in accordance with art. 163 without the maintenance of the servitutes, it will be considered in the reckoning, in the amount claimed by the creditor: the amount payable as equivalent of the servitude, and in the case of an lease or unabated rental, the amount of compensation claimed by the tenant or tenant for the termination of the tenancy report. The same rule applies in the case of registered stipulations, in respect of their cash equivalent. Claims with an indefinite amount, for the insurance to which it was intabulat or prenoted according to the regulation of funduary books a maximum amount, will be counted with this maximum amount, and the receivables provided by the registration of a guarantee, will be past in the reckoning, with the amount of the guarantee that has entered. I enter as much as the auctioned property is inscribed such claims, by ending ordering the dissolution of the series, the creditor will be warned that, as I would not present myself to the debauchery and would not make the calculation of the claim, it omits from the order of Serial. The conclusion is communicated to the creditor's own hand, without citation by publishing, and if the delivery cannot be carried out, it will be called a curator. + Article 192 They will meet in the serial rank of capital due to mortgage creditors, also in the serial rank of the capital of privileged positions, seriate according to point b) of art. 189 189: a) Interest rates, outstanding for a time no longer than three years, counted retroactively from the day of the auction; b) Interest rates that flow further and after the auction day. * If the percentage in the inscription in the funduary book is not shown, it cannot be the series a dobinda of more than six percent. The expenses of the process and the expenses, not admitted among the privileged positions, arising with the representation of the execution and the distribution of the price, can be series in the same order of priority as the capital only when, until the competition the amount that serves as a guarantee to cover expenses, was also entered into the mortgage right, but also in this case only then, if these expenses do not exceed the amount stated. In fact, the expenses will be indestulate in the serial rank of their intabulation and if such intabulation does not exist, after all mortgage receivables have been indestulated, possibly with a proportional reduction, from the rest of the purchase price. For the mortgage lender, which, although quoted, does not show up for the distribution of the price, only the capital in the inscription shall be taken into account. Mortgage receivables producing interest, not yet present on the day of distribution of the price, will meet with an amount, at which, adding a 6% interest, it would correspond to the maturity of the capital intabulat or prenoted. * At the receivables intabulate, deriving from the loan, to which the capital is depreciated, interest and possibly other accessories, in equal installments, in a certain number of years, which include the depreciation of capital, interest and possibly other accessories, to which it is shown this nature and in the intabulation of the funduary book, it can be exempted the series of interest and possible other accessories from the bond, in the order of priority of capital, only in so far, that the amount claimed with the title of capital and accessories would be greater than the capital intabulat and the percentages shown in this intabulation, and if the percentage was not shown, if it were higher than a 6% interest rate, counted for three years. Note. This article was amended by art. 1 of Law No. 124 of May 5, 1938 (see note under art. 150 150). + Article 193 If the annual annuities are met or pre-noted, the outstanding amount for the three years before the auction day will be filled from the purchase price, and for the coverage of the annual rates that will become due in the future, it will pass in reckoning and the necessary capital will be fruitful, according to the agreement of the parties. If, in this regard, no agreement has intervened between the parties, the proposals made decide the court. The capital placed may be used for the indestulation of the trailing claims only after the obligation for the payment of the annuity has ceased. + Article 194 The opening of the series leads the judge delegated and drains about this a minutes, in which the desbatteries are shown. The opening is started with that, it is counted approximately: the amount of the purchase price recorded in the court deposit and the one not yet paid by the buyer, together with the current interest rates and mention is made in the minutes of the result of this Reckoning. After this, listening to those interested, the receivables are counted, that is established the draft payment order. In this project, the positions counted, under current numbers, without consideration to any exceptions, but in such a way, to register in the separate heading the non-exceptional positions and also in the separate heading the exempted positions, and in the case of partial exception, the part excepted in the heading of the exempted positions. The reckoning is continued until then, until the entire purchase price is exhausted through the non-exceptional positions, or until all mortgage receivables are counted. + Article 195 After the making of the reckoning is over, the judge listening, in respect of each exempt position, those who make the exceptions and those with contrary interests, records their statements in the minutes, with reference to any evidence, and forward without delay to the card authority the minutes, signed by the dance and the parties. + Article 196 The funduary card authority is obliged to establish the order of indestulation on the basis of the minutes presented, in such a way, to be completed at the latest 15 days, counted from the day of drawers, in order to be exposed to the sight interested parties. The order book authority shall settle the exceptions regarding the privileged positions set out in point a) of art. 189, always and as a rule and exceptions regarding mortgage claims, which refer only to the issue of the serial rank in the funduary book, based on the minutes presented and after the funduary book situation, without guidance at the trial. But, if the exceptions regarding the serial rank in the funduary book cannot be settled on the basis of the funduary book, one of the parties with contrary interests will refer to the action, giving a fixed term. With regard to taxes and fees announced as privileged positions, the funduary card authority shall decide only on the question whether or not the taxes and fees in the painting are serialized among the privileged positions according to art. 189 and in this regard, if it believes necessary, it can guide the tax authorities to serve more thorough information and data. In terms of the amount of taxes and fees, those interested can address themselves with remedies of law to the competent tax authorities, according to the rules in force. Note. See art. 324 of the Law No. 269 of 1 April 1942. for the tax procedure code. + Article 197 If the debtor has exempted any mortgage claim or the veracity or the amount of any claim listed in art. 189 189, period. c), the creditor must be guided to the trial, if it does not prove to the opening of the series that, his claim is established by the sentence raised to the value of law or by judicial transaction, or that it is based on an authentic enforceable act according to the law without a prior procedural procedure, or that is pending trial. Also, the creditor must be guided at the trial and then, when the claim counted according to art. 191 191, either by the debtor or by another mortgage lender. Except for these cases, when exempted by another mortgage creditor a claim not established by the high sentence of law or transaction, or a claim that is not based on an authentic instrument enforceable according to the law without a prior to the procedural procedure, but recognized by the debtor, the creditor who raises exceptions will be referred to the process. And, if the claim is established by the high sentence to the value of law or transaction, or is based on an authentic enforceable act according to the law without prior procedural procedure, exceptions can only be considered then, if those what they raise them have made verosimile that, the claim has ceased entirely or in part, following factual circumstances arising after the date of the high sentence of law, transactience or authentic instrument. In this case, whether the exceptions are raised by the debtor, or that they rise by the creditor, those who exempt must be referred to the process. The one guided to the trial is obliged to submit the action to the competent court in a fixed term of 30 days, counted from the rise to the right value of the conclusion and to announce the submission of the action of the funduary card authority, in the same term. If the validity of an inscription in the funduary book is exempted, the one who raises the exception will be guided to the trial. However, against the validity of the inscription in the funduary book can raise exceptions only that, which in accordance with the regulation of the funduary books has the right to do action. + Article 198 If those who make exceptions show that, the renewal action (revision) or the annulment procedure against the sentence by which the exceptional claim was established, if it justifies a danger (art. 42 42), may claim that the amount excepted to be kept in the court deposit until it is settled by high court decision to the amount of law that is pending. + Article 199 * Against the conclusion of the series, given by the funduary card authority, there is an appeal (recourse), which must be submitted within 8 days, counted from the fulfillment of a period of 15 days, from the day of drawers, and if the second instance has changed The conclusion of the first instance takes place further to the third instance, within 8 days of the communication. The appeal (recourse) has suspensive effect in so far, incit until its resolution cannot be done the indestulation of receivables, whose indestulation from the purchase price depends on the decision that will be given on the appeal (recurrence). Note: see our note under art. 140. + Article 200 After the expiry of the appeal period (recourse), the funduary card authority has ex officio to indestulate the claims, the acquittal of which does not depend either on any calls (recourse), submitted or by the guidance at the trial. With this occasion, the funduary card authority shall determine, according to the positions, the amounts that must be kept in the court deposit until the fixed term for the submission of the process, respectively until the resolution with the right value of the the process that started, or until it is concluded on the call (recursion). To the extent that one or another of the exceptions will be resolved, by decision raised to the value of law, or by the expiry of the fixed term, namely by the fact that it amounted to the value of right the decision given by the superior court on the appeal (recursion), the further payments will be made by the funduary card authority, from time to time. + Article 201 Payment is made, as a rule, in such a way that, it is ordered to the one in law amount from the deposit. For this purpose, the respective entitled is obliged to present to the funduary card authority, the original document, in as much as it would not have presented it at the opening of the series, on which the payment will have to be noted. The payment made by ordering is noted on the original document and if, by payment, the document has lost its value, it is issued to the debtor, and otherwise, it is returned to the creditor. If it is ordered on account of any creditor, as partial acquittal, the rest of the purchase price, without being able to determine the amount, which remains after the indestulation of the other claims, established in determined amounts, which are paid, in the court deposit, the perception will be directed to report to the funduary card authority, after the payment has been made, the amount of this rest, in order to note the depreciation. As far as the circumstances, claim, the order book authority may order the payment of the claims, in whole or in part, by a delegate of his or her, at a time fixed for that purpose, or in more important cases, by a notary public, entrusted for this purpose, counting the latter's taxes among the privileged positions. + Article 202 On account of the creditor, whose claim, was exempted unfounded, those who exempted it, are jointly obliged to pay the difference of interest, according to the amount of deposit, which is due to the creditor. The creditor has the right to capitalize this right in the process started according to art. 197 197, or by separate process. If the debtor excepts the claim, the creditor may claim to account for this difference of interest for two years and series in the rank of his claim to be provided by consigning in the warehouse. And if the exception arises from any other creditor, the creditor, whose claim has been exempted can claim through the written minutes about the opening of the series, that those who exempt, ensure the difference of interest and process expenses, according to art. 42, after which, the judge directs, by concluding the date with the occasional series of series, those who exempt, to submit a bail, which will be determined on the basis of judicial appreciation. Against this part of the conclusion no remedy of law takes place and if those who have raised the exceptions do not record the bail, within 8 days, counted from the delivery of the conclusion, the amount set in the order of seriere, shall be ordered, at the application of the rightful one, without regard to the guidance at the trial. In another respect, interested parties have the right to invoke themselves, as the amount that serves as a cover for the exempted position, to capitalize, instead of a court deposit, to any financial institution, which the Danes will choose, or to release any interested, possibly after providing a guarantee from him. If the action submitted by the creditor who raised exceptions is found unfounded, following the guidance at the trial, the one who raised exceptions, is punishable by a fine up to 50,000 lei (in the text: 500 florins). + Article 203 In the case of an execution to be carried out on unregistered buildings in the funduary book, In the application for execution will be described exactly the buildings and it will be shown that, the following is in the possession of the goods in question. In order to carry out the execution, the funduary card authority, which delegates a portarel, will be separated in this case, in order to conscribe on the spot and take the building under seizure. On the occasion of the procedure on the spot, the accessories of the buildings will also be recorded, and both these and the buildings themselves, will be assessed by two experts appointed ex officio. The priority of the mortgage right is counted from the time of the seizure. The auction publication will also include the summons, that all those who understand to claim their property seized the right of property or any other right, to submit their action of excination, and if they claim from the price of purchase an indestulation with priority, to submit their statements of privilege, before the deadline of the first auction more so, because otherwise, their claims are not taken into account. The action of excinders submitted until the first auction period, has suspensive effect on the young auction: In other respects, they are to apply, accordingly, with the nature of things, the norms established for the pursuit of buildings registered in the funduary books. If any pursued is due, besides the use of a building, the ownership of the constructions on it, without having inscription in the funduary book, and the acquisition of the ownership in the funduary book depends on the performance certain conditions, or subverts a report of law, on the basis of which the rights of pursuits may form the object of a sale and purchase, shall apply, correspondingly with the nature of things, the above rules. + Article 204 The owner, intabulat in the funduary book, has the right to ask at the court of funduary books the competence to be sold his real estate, by voluntary court auction, namely: or in such a way, that the tender will have to the creditors mortgages the rightful effect of an executive auction, or in such a way, that the tasks remain on the fortune and after the auction. This application, in respect of which the provisions of art. 144, must have the legalized signature of the owner or his entrusted, having legalized power of attorney. The order of the tender and the procedure further shall be made according to the rules relating to the real estate auction, to the executive, with the deviations established by + Article 205 If the tender, it was requested in such a way, to have the rightful effect of an executive auction, at the request of any mortgage creditor, which will be submitted within 8 days, counted from the delivery of the auction, the tender must be suspended for six months and the new tender term can be fixed only after the six months have expired. Also in this case, regarding the law effect of the auction note, the provisions of art. 142, and regarding the distribution of the purchase price of the auctioned property, the rules for the distribution of the purchase price collected at the executive auctions will be observed. + Article 206 If the tender is required in such a way, to remain the tasks entered and further on the fortune, the owner shall establish himself the tendering conditions and may fix the amount, under which the property cannot be sold at auction. The order of the auction shall not be known to the mortgage creditors and after it amounts to the value of the auction, respectively after the tendering conditions are met, the right of ownership in favour of the buyer shall be filed, The tasks entered shall be maintained. + Article 207 The rules of art. 204-206 shall apply also in the case, when ordered, by the court of succession or by the guardianship authority, the sale by auction of any immovable from the succession and for its performance, shall be addressed to the commission rogatory to the funduary card authority. + Title III Execution on the building of buildings + Article 208 When the pursuit has the right to use, inscribed in the funduary book, on a building that forms the property of another, in the case that it was ordered the execution on this uzufruit, they will apply, regarding the intabulation of the mortgage right executive, the justification of the prenotation, namely the notation of the right of execution, the provisions of art. 135 and 136, corresponding to the nature of things. After the execution of the right of executive mortgage, the justification of the prenotarization, namely the notation of the right of execution, the funduary book authority orders the implementation of the uzufruct under the executive seizure and taking into account the proposal of the pursuer, appoints the sequestration curator and delegates the portarel for taking over the inventory of the uzufruct put under seizure and the accessories, respectively it sits for this purpose the competent court. In the case of several executions, to be carried out at once or consecutively, it will be called one and the same curator. As regards the administration in directing of the usufruct put under seizure or its valorization by lease, it decides, after listening to those interested, the authority of funduary books and gives the sequestering curator the necessary guidance (art. 245 245). Art. 208 is completed by art. 28 28 of Law XII: 1908, as follows: Article 28. -Article 208 of the LX law: 1881 is completed in the sense that, at the execution carried out on the use of a building, the exemption provided for in paragraph 18 of art. 2, it is due to the following, in terms of seed and then, whether the collection of the harvest took place within a month from the execution of the uzufruit (paragraph 2 of art. 208 of LX law: 1881). Note. See art. 7 of Law No. 306 of August 5, 1938, after which: "in the case of the forced sale of cereals, caught by the roots, the ordering of their sale will be possible only after they have been collected." + Article 209 The income, which does not consist of money, collected during the administration of the seizure curator, will be capitalized on the part of the seizure curator according to the agreement of those interested, and if no agreement has been agreed, by tender court, after the rules prescribed for the bidding of furniture, with the distinction that, the sequester is obliged to present, for the purpose of delegating a portarel, to that competent judge, on whose territory the object of the uzufruit is located, the list of things to be auctioned and the evaluation book (art. 148) showing their value. The portarel issues the auction publication without notice of claim of rights. The purchase price and the minutes of the auction shall be issued to the sequester against the proof, who is obliged to submit to the funduary card authority, with report, the minutes of auction, the desoarmation and the remaining money, namely, if The executive seizure lasts longer than one year, annually (art. 248 248, 250, 252). Any current tax, which encumbered the usufruit of the property, will be paid during the execution of the executive seizure by the curator. + Article 210 From the income collected during the seizure, if in the funduary book is not inscribed on the use of the right of mortgage in favor of another, it shall be paid by the card authority the applicant's claim and the accessories and the possible rest release the tracker. If another claim is inscribed on the usufruit, before the applicant's claim, it is held by the authority of funduary books of regulatory sorority and applying accordingly to the nature of things the norms prescribed for the distribution of the price at the buildings, the distribution of the price is made + Article 211 As far as the ownership of the property is of the following, the pursuer has the right to make execution on the uzufruit, either at once with the execution on the fund, or without it, only on the uzufruit according to the norms of art. 208 208 and 209. About the conclusion, ordering the inscription of the executive mortgage right or the notation of the right of execution, will be known in this case and the creditors prior to the inscription or notation. The execution made on the usufruct does not prevent the tendering of the property, and if the building is auctioned, the execution carried out on the usufruit has no effect on the pending harvest still on the day of the auction and if the building is rented, on Rent that did not become due until this day. The claim of the stalker, who carried out the execution only on the use of the property, will be the series of the purchase price of the property after the claims of all mortgage creditors. The priority between several such creditors determines the moment when the execution of the execution on the uzufruit was made. + Article 212 In the case of an execution carried out on the uzufruit according to art. 211, the mortgage creditors in favour of which the executive mortgage was registered, or it was noted the right of execution on the property itself, before reaping the pending harvest or before the rent became due, I can claim, printr'o petition addressed to the funduary card authority, that the amount collected from the crops pending or from the rent, should not be used for the indestulation of the stalker's claim, but to be held in the court warehouse for the time being. If the property itself is auctioned, within one year from the collection of the harvest, or from the day of the rent due, the amount collected from the pending harvest or from the rent is added to the purchase price of the property and the purchase price is distributed according to rules of the previous article. In this case, the expenses of the executive seizure are among the privileged positions, from the purchase price. And, if the building was not auctioned during this year, the amount recorded in the warehouse is used for the indestulation of the claim of that creditor, who carried out the execution on the uzufruit. Note. See the art. 7 of the Law No. 306 of August 5, 1938 and the note under art. 208. + Article 213 If the following has the right to wear fruit on a building, without this right or being inscribed in the funduary book, the execution is carried out on this uzufruit as on the mobiles. However, the usufruit does not form the object of auction and is capitalized, with the proper application of art. 208 and 209, by way of executive seizure. The appointment of the seizure curator and the distribution of the purchase price fall within the competence of the competent court according to art. 18. The priority between several such followers is counted after the moment the seizure was carried out. These rules also apply when the execution is carried out-in the case of the last paragraph of art. 203-only on the use of the following. * * * * + Article 214-219 inclusive were repealed by art. 13 13 of the extension law. * * * * + Article 220 If the object of the execution is a right of property or other real right relating to a building, the court orders the intabulation of the right of property or of the real right by ending the order of execution and sitting for this purpose the authority of books Rope. If the ownership is prewritten in favor of the following, or if the process or seizure is noted, the stalker is obliged to show in the execution request the number of the ending by which the pregrading was ordered. If, for the transcription of the ownership of the property forming the object of the execution, it is necessary to dismantle any parcel registered under a topographic number, it will be sent to the sitting authority the sketch corresponding to the book ordinances funduara, if such a sketch was presented in the course of the process, in which to show the portions of immovable to be opened. The inscription is made on the basis of this sketch, after ordering, in case of need, obedience according to art. 56, point d), of the regulation of funduary books. And, if such a sketch was not joined in the process, the authority of funduary books sat for carrying out the execution noting the serial rank in which the sitting was made for execution, delegates a portarel for the on-site preparation of the sketch. dismemberment, with the intervention of an expert, it addresses for this purpose the commission rogatory to the competent court. In this case, all the data in the process and with regard to the citation of the follow-up to the procedure from the site will be handed over to the carrier. The intabulation of the right of property, in connection with the annotation, is ordered and carried out on the basis of the report of the porter, in the serial rank of the application for execution, possibly in the serial rank previously acquired by prescoring, noting his process Seizure. If the execution was also ordered for the introduction into possession (art. 221), the procedure on site will be done at once in both directions. + Article 221 If the pursuer suddenly asks for the intabulation of the right of property or of another real right and his introduction by execution in the possession of the property or of the real right, the authority of funduary books sitting for the execution, at once with the executive order of intabulation, delegates a portarel to carry out on site the introduction into possession, respectively addresses for the commission the rogatory commission of the competent detour. And, if the object of the execution is only the possession or use of any immovable or real right, the court ordering the execution has, with regard to the delegation of the port or the sitting of the respective detour, on the occasion of the execution of the execution. In these cases, all the trial scripts are handed over to the porter, who is obliged to incuse, about the term he fixes on the spot for carrying out the execution, the following or his representative from the trial, by letter recommended addressed at the home shown in the process, which will be posted at least 8 days before the fixed deadline. * * * * + Article 222 was repealed by art. 13 13 of the extension law. + Title IV Insurance provisions I. Execution of insurance The provisions of the LX law: 1881 regarding the execution of insurance and seizure remained in force, only to the extent that these provisions refer to the insurer seizure or to the seizure of its own said, on some buildings or on the uzufruit to them. + Article 223 It was modified by art. 50 of the Law of LIV: 1912, as follows: Suddenly with the submission of the action, or after the submission of the action, the insurance execution takes place: if the object of the action concerns the payment of a claim in the amount determined by the money and the claimant proves the existence, amount and maturity of the claim authentic or private act drawn up in accordance with art. 317 pr. civ., or with cambie, commercial warrant, receipt or cheque, which in accordance with art. 606-620 pr. civ. can be carried out by way of payment mandate and if at the same time shows the verosimility of danger. Also, the execution of insurance takes place, in case the danger is made verosimil, based on a sentence of the civil court, which obliges to a determined the amount of money, before the expiry of the term of fulfillment. Note: The act under private signature must be the value of a pre-constituted evidence; see art. 1171 1171-1190 of cod civ. R. + Article 224 It was modified by art. 51 of the Law of LIV: 1912, as follows: On the basis of sentence, which obliges the payment of a claim in cash, also on the basis of a payment warrant issued pursuant to a bill, commercial warrant, receipt or cheque (art. 606-620 pr. civ.), after the expiry of the term of fulfilment, the execution of insurance takes place, if the obliged party has appealed the decision, within the legal term, by opposition or appeal with the respective suspensive effect with exceptions. Law LIV: 1912: Article 52. -If the court has fixed by sentence that obliges to pay a claim in cash, a term of fulfilment shorter than the term of appeal or opposition and if it has not declared the enforceable sentence without consideration to the appeal, the execution of insurance already then, if the convicted party does not execute the sentence within the term of fulfilment fixed by sentence. * * * * + Article 225 was repealed by art. 13 13 al. 1, of the extension law and replaced by art. 610 610-612 including from proc. civ. R. * * * * + Article 226 In the cases art. 223, 224 and 225, if the object of the execution is not cash, but a determined quantity of a certain kind or mobile good case, also the execution of insurance takes place, besides the conditions there shown, for the probable cash value of the object of the process. In this case, the applicant is obliged to present, in addition to the request, the data from which the probable consideration of the trial object can be found. + Article 227 * Against officiants, officials and members of the governing bodies, charged with administering money and assets to the State, funds and public foundations, counties and communes, the execution of insurance for insurance will be ordered. claims deriving from their management and without justification for the submission of the process and the existence of the danger, whether in the address of the competent State, county or common authority, the cash claim or the cash consideration of any other claims to be secured. Note. This article was amended by art. 21, 195, 196, 224, 225, 226 of law No. 150, on public accounting, dated July 31, 1929. + Article 228 The application for the ordering of the insurance execution shall be submitted, as a rule, to the court of the trial; 225, the execution of insurance can also be required at the detour court, in the constituency of which there are the mobiles to be seized. In the cases art. 227, the address will be made to the detour court, to the insurance executions to be carried out on mobile and to the funduary court, to the insurance to be carried out on the buildings. If the insurance execution is to be carried out on mobile and immovable property, it is competent to order the execution of the funduary court insurance. In the case of an insurance execution, to be carried out in the constituencies of several funduary courts or detour judges, the right of choice is due to the one who asks for insurance. + Article 229 The application or address for ordering the insurance execution is solved without listening to the opponent, who knows about it, with the opportunity to carry out the insurance execution, and if the insurance execution is done only on the buildings, when He ordered the execution. As the order of the insurance execution is pending by showing the verosimility of a danger, the execution of insurance will be ordered, either without condition or provided, that the one who requires the insurance, be obliged to file before performing insurance execution, a cash bail or in good effects for bail (art. 42 42), which will be fixed by the court by appreciation. In case of art. 226, the amount up to the competition to which the execution of insurance is ordered, shall be determined by the court by assessment, taking into account the data to be presented. + Article 230 The execution of insurance is carried out, on mobiles, by application of seizure and evaluation according to the norms shown in this law, and on the buildings, by pregrading the right of mortgage. In the case of the last paragraph of 225, you cannot order the relocation of seized items. For the purpose of pregrading the right of mortgage, the funduary card authority is seated. The rightful effect of the insurer seizure and the assessment is identical to the rightful effect of the seizure and the evaluation of the forced execution. The rightful effect of pregrading the right of mortgage is judged by the rules existing in this matter. The expenses of the insurance execution are obliged to advance them that requires the execution of insurance. These expenses, in as much as the execution of insurance would not dissolate according to art. 234 or 235, or following an appeal (recourse) and as in the basic process it would not be decided otherwise,-it bears the one against which the execution of insurance was carried out only then and only in the proportion, if and in as much as it was obliged to bearing the expenses. Note. The last paragraph on the insurer's seizure of furniture was repealed. + Article 231 That, against which the execution of insurance was ordered, has the right to record at the court the amount to be insured, in cash or in good effects for bail (art. 42 42), which if it fulfils, the execution of the execution conclusion must be terminated, respectively, the dissolution of the insurance execution that was carried out on mobile, or the deregistration of the mortgage right, must be ordered ex officio. The same will be done then, when the parties have agreed to give guarantee by guarantor, pledge or insurance in another way. + Article 232 That, against which the execution of insurance was ordered, can declare appeal (recourse) against the conclusion of the insurance execution, in the following cases: a) If the insurance execution was ordered contrary to art. 223-228 223-228; b) If the claim was fully covered, prior to ordering the execution of insurance. If you join the call (recourse) new documents, or if from the content of the call (recurrence) presents itself as necessarily necessary, before submitting the scripts, the opponent will be heard. * * * * + Article 233 was repealed; see art. 620 620 Code. proc. Civilian. * * * * + Article 234 If for the claim is pending trial, the orderly and performed insurance remains in the being until the resolution by the jurevalid decision of the process and cannot be resolved even if it was rejected by the lower courts, by the sentence unsecured to the value of the law, the action of the party that asked for the insurance, or if the higher court disolva, annuls and orders the additional procedure or changes, by the sentence not yet idly to the value of the law, the sentence on which the order was ordered execution of insurance according to art. 224. If by the high sentence to the right value of the higher court, the sentence was entirely annulled on the basis of which the execution of insurance was ordered, together with all the procedure or if the pirate was acquitted from under action by the sentence raised to the law value of the higher court, the execution of insurance must be dissoldered. Art. 234 is amended by art. 53 of the Law of LIV: 1912, as follows: Article 53. -Instead of the dissolution or cancellation of the sentence in the first paragraph of art. 234 of the LX law: 1881 and instead of the cancellation in paragraph 2 of this article must be understood to remove the sentence from force. * * * * + Article 235, paragraph 1, was repealed by art. 13 13 al. 1, of the extension law and replaced by art. 610 610-612 including from the proc code. civil, and the rest through the provisions of the law on public accounting (see our note under art. 227 227). * * * * + Article 236 That, which makes the execution of insurance to cover an obviously unfounded or terminated claim, is responsible for all damages caused by it and in addition, at the request of the party who suffered the insurance, can be ordered to pay a fine up to 50,000 lei. (in text: 500 florins). As far as the compensation claim was capitalized, by way of counterclaim, in the process for the basic claim, on it it decides the court of the trial, at once with the main process. In other cases, the action must be started at the court that ordered the execution of insurance, within three months, counted from the rise to the right amount of the acquittal sentence, given in the basic process or the conclusion by which it was ordered the dissolution of the insurance execution, which is judged, by the nature of the procedure, by summary or protocol, and is solved by sentence. In these cases, it is judged and solved, at once with the pretence of compensation, and the issue of conviction to fine. When only the fine is required, the application must be submitted, within the three-month period shown above, to the court that ordered the execution. The court, after listening to the parties by summary or protocol, decides by conclusion. The call (recourse) against the ending has suspensive effect. Before the expiry of the three-month period and if within this period the compensation process was submitted or if the procedure for sentencing to the fine was started, until their fair resolution, the bail recorded according to art. 229, cannot be returned. II. Seizure + Article 237 There's a seizure: a) before the proceedings are brought forward or in the course of the trial, whether the object of the claim is a good or a determined right, and whether, that which requires seizure, it justifies its right to the possessor, by authentic instrument or by act by force of evidence full and also shows that, without the application of the seizure, the exploitation of its right is endangered; b) Modified by art. 54 of the Law of LIV: 1912, as follows: Article 54. -Point b) of art. 237 of the law LX: 1881, is amended in the sense that, the seizure takes place: b) on the basis of a sentence of conviction, the date of a lawsuit filed for a determined thing or right, whether the pirate has submitted opposition or appeal with suspensive effect on the execution. But if the court has fixed for fulfillment a shorter term than the term of appeal or opposition and not declared the enforceable sentence without consideration to the appellate, it takes place seizure and then if the obligated party does not execute the sentence within the time limit of fulfilment; c) in cases of art. 227, if a certain good or a determined right is claimed; * * * * Points d) and e), were replaced by art. 615 615 of proc code. R * * * * f) at the request of the mortgage creditor, with the receivable intabulated us any immovable, on the mortgaged property and its accessories, if it justifies the mortgage creditor that it has submitted action for its debt maturity and also proves a fact or omission of the owner, resulting in a significant lesion of the substance of the property or a depreciation thereof and thereby jeopardises the guarantee offered by mortgage. If the right of mortgage is intabulated with the effect of right pending by the justification or non-justification of the pregrading of the property right, the order of the seizure cannot take place. + Article 238 The application for the order of the seizure shall be submitted to the court of the trial, in the cases in points b) and e) of 237, unconditionally, and in the case of point a) when it is according to the process for the object to be taken under seizure or if it starts at once with the submission of the seizure application. In case of point a) of art. 231, if the seizure is required before the process is submitted, also in the cases of points c), d) and f) of art. 237, as the object of the seizure forms a movable or a movable property, the application or the seizure address is submitted to the funduary court or to the detour court, in whose constituency the seizure is to be carried out, seizure. If it is intended to carry out seizure on mobile and immovable, for ordering is the jurisdiction of the funduary court. If the seizure is to be carried out in the constituency of several courts or several detour judges, the right of choice is due to the one who asks for the seizure. + Article 239 The application or the seizure address shall be solved in the cases of points b) and c) of art. 237, without listening to the opponent, and in the cases of points a), d) and e), as a rule, after listening to the opponent. In the latter cases, as from the delay there would be danger, the seizure can be ordered anticipated and without the obedience of the opponent; however, it is fixed at the same time the term for listening to the parties and then, it is decided by conclusion, maintenance of the anticipated schestrus, or its disolation. The call (recourse) against the conclusion of disolation of the ordered seizure with anticipation, has suspensive effect. In case f) of art. 237, the seizure can be ordered only after listening to the opponent and in case of need, after a prior proof procedure. About the ordering of the seizure is known the opponent, of the object, with the occasion of the seizure, and if the seizure is carried out only by scoring in the funduary book, on the occasion of the release of the conclusion of ordering the seizure. In the cases of points a) and f) of art. 237, the seizure is ordered either without the condition or provided, that the one who asks for the seizure, is obliged to file, before the seizure, a cash bail or in effects declared good for bail (art. 42), which will be fixed by the court, by appreciation. + Article 240 If the seizure was ordered only to ensure any ownership of a building, the performance is made without appointment by the seizure curator, by noting the ordered seizure in the funduary book and in this case, the authority of Funduary books. But at the express request of the one who asks for the seizure, the court can also order in these cases the conscription of the accessories and their giving in the administration of a seizure curator. Al. 2 was repealed and replaced by art. 612 612 of the Code of Civil Proc. The seizure curator appoints him the court that orders the seizure following the proposal of the parties, or if the seizure has been ordered without hearing the parties, on the proposal of the one who asks for the seizure. The sequester will be appointed a person, who will present sufficient material security and be reliable, keeping in mind, that the domicile and the situation of the seizure curator, do not have as a result the pointless increase of taxes and Curator expenses. As the seizure is to be carried out in the constituency of another judges, the court that orders the seizure may entrust the appointment of the sequester to the sitting judge for carrying out. + Article 241 In the cases of points a), b), c), d) and e) of art. 237, the seizure has the effect of law that, the third parties cannot acquire rights to the object of the seizure, at the expense of the one who requested the seizure, at the buildings, from the moment of arrival of the rogatory commission for the making of the notation in the funduary book in case of seizure carried out on mobile at the spot, from the moment of performance. * * * * + Article 242, regarding the sale of confiscated furniture and subject to depreciation, was repealed by art. 13 13 al. 1, of the extension law. * * * * + Article 243 Against the conclusion by which the seizure is ordered, the part in which the seizure was ordered may declare appeal (recourse) in the following cases: a) If the seizure was ordered contrary to art. 237 237; b) If the object of the process, namely the mortgage creditor's claim, was completely secured before the seizure was ordered. If any new document is joined on appeal (recourse), or if the content of the call (recurrence) is presented as necessary, before the script is submitted, the opponent must be heard. As regards the duration and dissolution of the seizure, the provisions of art. 234. + Article 244 If in the cases of points a) and d) of art. 237 And when the sequester was ordered, the trial was not set up, nor did it go out at once, for the object of which the seizure was ordered, the part, at whose request the seizure was ordered, is bound to proceed to the trial at the court of law. competence, within a period of 30 days, counted from the day of delivery of the conclusion of ordering the seizure; otherwise, at the request of the opponent, the seizure shall be dissolute. * In the case of point c) of art. 237, the process will be started, before the competent judge, within this period of 30 days, or the procedure will be started before the competent authority according to the existing norms, or the criminal denunciation will be submitted; otherwise, at the request of the what seizure, seizure should be desolate. In fact, as regards the disolation of the seizure, the provisions of art. 235 (repealed), and in respect of responsibility arising from a seizure required on the basis of an obvious non-existent or ceased right, the provisions of art. 236. In case of point e) of art. 237, will dissolve the seizure after it has been resolved, by the high sentence of law value, the process started for the termination or termination of the lease contract. In the case of point f), of the same article, the seizure will be dissolved ex officio, if the claim of the one who requested the seizure was removed or if, in the process that was pending at the date of ordering the seizure, a sentence of acquittal was given, for the pirit, Raised to the right value. And, if he ceased the reason for ordering the seizure, or if the mortgage creditor's claim was secured according to art. 42, at the request of the owner; in case of need, after hearing the mortgage creditor who asked for the seizure, the seizure will dissolate. The call (recourse) against the seizure of seizure has suspensive effect. Note. Paragraph 2, has been amended; see our note under art. 227. + Article 245 The court that orders the seizure, gives the curator of seizure, as necessary, ex officio, possibly after hearing the parties or at the request of any of the parties, administration guidance corresponding to the circumstances, which the seizure curator is forced to follow them. Such administration guidance can also give the porter, until it gives provisions to the court. In case of non-compliance with administration guidelines or in case of misadministration, the parties may appeal to the court that ordered the seizure. The court decides, in case of need, after hearing the parties and the seizure curator. In case f) of art. 237, will be given to the curator of seizure such administration guidance, which, besides maintaining, as far as possible, the unirate of the owner's right of disposition, to correspond in terms of the unirate preservation of the fund Mortgages and accessories. In this case, the income of wealth taken under seizure is due to the owner. In fact, the rights and obligations of the sequester are identical to the rights and obligations of the trustee. + Article 246 If the sequester does not meet its obligations punctually, or if doubts arise regarding the trust in it, it may be removed from the post at the request of either party, after the assessment of the court, even in the course of time. In urgent cases, the court removes from the post on the seizure curator even ex officio. Against the ending by which the removal was ordered there is no remedy of law. Instead of the removed sequester from the post, the court appoints another curator of seizure, after listening to the parties, and until his appointment takes, after the circumstances, the provisional measures necessary to maintain the seizure. In the case that removal is ordered, for the takeover of the seized things from the seizure curator and for their surrender to the newly appointed sequester curator, portarel is delegated. Until the competition of the probable amount, which covers the obvious lack of teaching and takeover, the court orders, after the arrival of the report, the execution of insurance against the seizure curator. + Article 247 If the income or administration of any good or right has been seized, the seizure curator is obliged, with the end of the seizure or if the seizure lasts longer than one year, at the end of each calendar year, possibly at the order of the court and in a shorter time, to submit to the court that ordered the seizure of the reckoning conducted in the rule. If the sequestering curator does not submit his accounts in a fixed term, which will be fixed, after the expiry of time, ex officio, and which can no longer be extended, he will be removed from the post ex officio and at the same time, at the request of either of those interested, will order against him execution of insurance up to the amount of the amount that covers the probable lack. + Article 248 In order to capitalize on the furniture that forms the income of the object taken under seizure, the seizure curator is obliged to submit his proposal to the court that ordered the seizure. As regards the method of recovery, possibly keeping in nature, the court decides after its appreciation, after listening to the parties. If the parties have not agreed another way of valorisation, the valorisation shall be made by way of a court tender. Against the conclusion that was given in this regard and against the publication of the auction there is no appeal (recourse) and appeal. + Article 249 About the annual and final accounts, submitted by the sequester curator, and which can be seen at the court, the court knows the parties with that, to submit their observations in writing, in a fixed term of 30 days, more so as in case Contrary, the reckoning is considered correct. * In the case that observations are submitted, the court, after listening to the parties and the sequester on the way of summary or protocol debauchery, after an eventual procedure of proving, decides by sentence. Against the sentence confirming the sentence of the first instance, no appeal is allowed. Note. Al. 2 s' a modified; see our note under art. 140. + Article 250 The expenses of the seizure, understanding here and the fees of the seizure curator, are obliged to advance the one who asks for the seizure. Expenses arising under the duration of the seizure, except for the cases of point f) of art. 237, must be covered by the income that is collected during the management of the seizure curator. If the one who asked for the seizure would not spill, at the order of the court and within the fixed term, the necessary expenses that arise after the seizure, which cannot be covered by the income during the seizure, the seizure must be dissoldered ex officio. + Article 251 The issue, which between the parties and in what proportion they are obliged to bear the expenses caused by seizure, decides, in the cases of points a), d), e) and f) of art. 237, as well as in the case of point c), when for the justification of the seizure the trial is started, the court, as a rule, in the course of the trial, or if the court that ordered the seizure has not started, listens to the parties summary or protocol, and decides on the question of the support of the seizure expenses, after raising the right amount of the sentence from the trial, after the termination with the right value of another procedure or possibly after the dissolution Seizure. The appeal (recourse) against the conclusion that has been given in this regard has suspensive effect. + Article 252 The expenses of the seizure, as soon as the sequester is obliged to count, establish the court according to art. 249, at the same time as the matter of reckoning, and in other cases, based on the reckoning presented by the seizure curator and parties; in case of need, after hearing the parties. The fees of the sequester shall be determined even if the parties have not submitted observations. Against the conclusion regarding the establishment of the sequestration curator's fees it has the right to appeal (recourse) and the seizure curator. The call (recourse) against the conclusion on the establishment of seizure expenses and the fees of the seizure curator, has suspensive effect. + Article 253 Provisions of art. 245, 246, 247, 248, 249, 250 and 252 of this law, relating to guidance given to the seizure curator, to the rights and obligations of the sequester curator, to the removal of the seizure curator, to the accounts of the curator of seizure, to capitalize on the items collected during the course of the management of the seizure curator as income, to the resolution and establishment of the seizure of the seizure curator, to the advancement and establishment of the seizure expenses and fees of the curator seizure, will apply properly with the nature of things and in cases of seizure ordered in Art. 75, 164, 180, 208, 211 and 213 of this law, as well as in cases of foreclosure ordered during the course of the succession. The expenses and fees of the sequestering curator shall be determined, in this case, by the competent court for carrying out the execution, respectively by the successor court. + Article 254 In the cases of other seizure, contained in the existing laws, the usual procedure will apply until now. Note. See for criminal cases, Title VI, Chapter VI (Art. 120-123), of the Code of Criminal Procedure. ------------