Law Of 1 September 1886 For The Authentication Of Documents

Original Language Title:  LEGE din 1 septembrie 1886 pentru autentificarea actelor

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LAW of 1 September 1886 for ISSUING documents authentication the JUSTICE MINISTRY Published in the Official Gazette on 1 September 1886, chapter I civil servants competinti 1. Competent authorities to legalize the acts under private signature and authenticate the acts for which the law requires an authentic form are: a. the County Courts in a general way and without restrictiune;
b. Courts of detour;
c. Municipal Courts and d. Politaii and Police Commissioners, only in exceptional cases after distinctiunile prescribed in the Valley.
2. the competent Courts are district to legalize or învesti with an authentic form any acts of any nature and value, and any person residing or not in their coprinsul circomscriptiunei.
3. the Courts of wards can not legalize or învesti with an authentic form than the next, and only acts when the parties or one of them at least, the taxpayer has his domicile or residence in coprinsul this: a. All judges the acts whose legalization or authentication is deferita by their organic law or through a special law;
b. Contracts noting personal bonds or securities conventiuni in respect of goods up to the value of 3000 lei inclusively;
c. Any other nature also acts whose value was determined by the parties or the object enters the so-called competinta judges, to be judged in court first or last;
d. Procurele to present themselves and sit in court, whatever the amount and nature of the dispute, when the party give power of Attorney locueste in coprinsul that detour;
e. Tocmelile or contracts concluded in exhibitions or fairs, independently of any condiţiune or residence of the parties.
4. Courts are also competent communal to legalize or authenticate the following acts, unless the parties or one of them seems to has his domicile or residence in that commune: a. all residents villagers whose legalization is deferita by special laws;
b. Any other personal bonds or finding in respect of goods conventiuni securities up to $ 300 value including;
c. Procurile in order to appear and stand in judgment before any judicial courts, when the party seems to give power of Attorney has his domicile or residence in that Township;
d. Tocmelele or contracts concluded in fairs or fairs where the amount of work does not go over 300 lei, independently of any residence or condiţiune.
5. competinta Is exempt from communal wards and tribunals wills and conveyancing or transfer deeds of incorporation of rights in rem over real estate, which remain the exclusive competinta district courts, even when the object's value would fall within competinta of those judges.
6. the fact of residence or residence in a village or in a coprinsul judges of detour, it is noticed by's personal knowledge of the judge or of the Mayor, who authenticate the Act, mentioned in the minutes of the authentication or, in case of not being known through part of the City Hall where the taxpayer's certificate has his domicile or residence.
This certificate shall mention the number and date, and the authority that just exudes in the legalization and will keep on file.
7. Competence of politaiului and Commissioners to legalize documents in towns where police authorities are also maintains that only the following documents: a. Procurele of any kind to represent before the administrative authorities and courts, except in cases where the law requires an attorney who authentic;
b. Procurele to receive pensions or lefuri and receipts noting these arrivals as well as tickets for sales;
c. Compturile and invoices for supplies of every kind, and up to any amount;
d. medical certificates.
In these cases the authority to police the identity of the încredintându partei, certify the bottom act like the person's signature is subscrisa in the act.


Chapter II Form (1) acts.
-8. When the parties want to învesteasca with an authentic formula one act, for which the law requires this form under penalty of nullity, they must present themselves in person before the competent public servants ' Tribunal court in the praetorium of detour or municipal court, and was joined by two copies of the Act that will authenticate a request for addition to the subscrisa authentication of parties.
One of those two copies on paper may be free and the nesubscris parts.
The President judge or mayor, receiving detour petitiunea, aims to both copies of the instrument toward the neschimbare, put on his record in this party to copy nesubscris and ordoana registration. If the parties are presented by must procuratori, they have an authentic and special power of attorney if the law required such as Attorney for that act.
Attorney will be noted in the minutes, by number and date them and by showing that exudes authority from and copy it, put up with cheltueala equipment and certified in accordance with original authenticity even give officers, will keep on file; and the original procurei will entrust the military concerned with authenticated Act dimpreuna.
9. the parties can draw up single act that has to be legalize or învesti with authenticity. But when they resort to other people's lights for the Act, this act will have, when it will submit the legalization or authentication, to wear besides the signatures of the parties and the signature of the person who drafted him.
10. Whenever it is to authenticate an act, and that officer shall give the authenticity of instrumented, is entrusted to the identity of the parties, we read the Act in their hearing, he asks if those are coprinse in the act with their consent, and if one of the two copies shall be subscribed by them; put on your party to subscribe on the second copy in his presence; Notes declaratiunea parties and find all of them in a report that ' it in the bottom of the instrument's transcribe both copies and ' subscribe both he and the Registrar, or that which you place them.
11. Carrying out the formalities for the authentication of documents at the county courts will be able to make a single judge; He will have to be azistat but necessarily the Registrar who will countersign the minutes, both minuta (concept), and both copies of the Act.
The courts that a special section of notaries, logins cannot be done until that section.
The courts of wards authentication is made by a judge or by using azistat, or writer that you place the Registrar; and at the communal Mayor azistat notary.
The countersignature of the writer or the notary act is required, as well as that of the Registrar, under penalty of nullity.
If in a Rural Township was going on as the Mayor knows his book, then legalization Act cannot be made at City Hall.
The parties will address in this case at the Court of the detour.
12. autentificarei Formalities being met, one of those two copies of the document, namely the one on timbrata paper, is submitted to the parties who subscribe on petitiune of receiving it, and the copy shall be kept at the cellalt folder of the Tribunal and the substance in an alphabetic repertoire to be able to find the succor to the need. Interested parties may obtain copies of this act, at their expense. Conformitatei certification of the copy of the original file kept at, or primary court judge, Registrar or dimpreuna with what you place.
13. The identity, either of the parties or their procuratorilor or of witnesses, it is noticed by one of the following means: a. By personal knowledge of public servants ' called to bear witness, and declare that an act;
b. by the statement that two witnesses known to the clerk;
c. Through a certificate of identity or convicted by the police in communal rezortul which part has its counterpart has his domicile or residence in fact;
d. brochures corroborated Through registered with contributiuni receipts this year;
e. Through PASPORT.Please or any other act taking into consideration instead of PASPORT.Please when it comes to strangers.
The same way the probation can be întrebuinta and aflatori Romanians living abroad before or legatiunilor our consulates in that country;
f. Finally, for people without identity cards, scientists can ascertain through the address of the communal police authority or the domicile or residence of the military court, the Government has now come true, and they will need to show that the part that comes before the judges.
This address that you place the ticket ID, it will even give his military and it will popri to the folder adeverirei.
In case when the judge would have concerns over sinceritatei Act which shows the person's identity, or as would be shown in the act, he may entrust to the truth by any other mode of probation.
14. Certificate of identity or act that you will look with precision reducers: a. the name, pronouns and logistics profession at hand which was given;
b. place where locueste, adeca village or if it comes to catunul a rural township; the suburb, the street and house number, whether it is a urban township;
c. Any other characteristic marks of the equipment if it has;
d. name of the authority which fetters that act, and his number liberarei date of order;
e. public servants ' Subscription that issued it and seal of that authority;
f. Signature military if she knows how to subscribe or attesting that he does not know if she didn't subscri knows.
The minutes of religious notarial Office must certify on the basis of which the Act was found to show identity and authority from which emanate, date and serial number what gate.

15. public Officers which would free a fake ID, or that he served with such certificates or a certificate which is not of his own, shall be punished according to art. 135 of the penal code.
16. Authentication of documents to those who do not know and which are underwritten by putting finger, or by applying a seal (seal) is done just after the study prescribed above, only that the document has to be subscribed by the one who has served as a writer, and in addition to parts to compare and contrast him before the Court.
The authentication protocol should be in this case to find that both declaratiunea parties do not know or cannot subscribe as well as that of the writer, as he wrote that act after the request of the parties.
The writer of the document can serve in this case and as a witness to prove identitatei.
17. The writer or witnesses who will prove they have made a false declaration will punish liars controls, according to art. 288 of the penal code, without damage of other damages to the parties and even other more serious punishments, in case when the fact would himself and delictului items of false public documents.
18. the identitatei partei, Finding the witness and writer of their prezentarei Act, before officers gave the authenticity of the Act, citirei tutulor and hearing the parties ' declaration that the Act is made with their consent and subscribed by them, or that they don't know, in case when the Subscriber Act subscribed by putting lies finger or seal, all of which are required under penalty of nullity of the Act.
Authentication Protocol will be found also under penalty of nullity, as the copy kept on file was subscribed by the parties in the presence of judge or public servant that has instrumented.
19. In the case of the disease found out, which would hold back on any one of the parties come before the public authority's jurisdiction, the judge can be delegated and is held to înstrumenteze at home if that part can be found right in the city or Township of the capital city of the Tribunal or court. If you find yourself in this town or village will be able to judge the respective delegate detour.
In this case the authentication protocol to check if both the disease and the House where he instrumented.
20. dispozitiunilor authenticated in accordance with Laws of the face, legei enforceable from the moment of their exigibilitatei.
Appended will put on them by the same authority which he had invested with form and authenticated in the same manner as for judicial decisions.
On the documents authenticated by a communal court, appended to it will not be able to put than Court of Tribunal that detour or County.
21. The omission of any one of these officers shall be subject to substantial damage on public negligence which was annulled Act, destituirei, punishment without prejuditiul other damages to the parties if there is room. The Act void as notarial act, for any form or lack of Mohd ARIFF, might be worth as an act under private signature legalized, or as the date of the brawl, or as the beginning of written evidence, if generally required to endorse one or the other of these acts.
23. Ministerial Instructions will determine how conservarei authentic instruments in the archives of the courts and tribunals.


§ 2.
-24. Civil servants are owed to employees, if the parties so request, to învesteasca with authentic formula not only acts for which this form is required under penalty of nullity, as well as any other documents for validity of which the law does not require such forms.
In this case, however, the parties may request that the document be true or legalized only in order to achieve credibility as of semnaturilor.
25. In the case of simple legalization of semnaturilor, the minutes should note in the same way as for authentic instruments themselves, the following: 1. Submission of the parties in person or through Court and procuratori before their identity;
2. as far as the Declaratiunea Act (e) with their own signature subscribed;
3. Subscription in front of public officers kept on file.
26. For those who do not know or cannot subscribe, report of legalization to check in this case: 1. Submission of the parties and of the writer of the document before the Court or the Mayor's Office and their identity;
2. the Act of Reading the word in the word tutulor in the hearing;
3. Declaratiunea the parties or one of them that doesn't know or can't subscribe;
4. Declaratiunea equipment which does not know which act as subscribers to read is made with consent or as to legalize voeste.
27. Acts under private signature, or underwritten by placing finger thus legalized have the same strength as probanta authentic instruments, for all competent public officer shall ascertain as was said by the parties or as was spent before him.
28. Those who do not know and who subscribe through the implementation of finger or by applying a seal cannot oblige under private signature than the competition of 150 lei.
In this case, because the entry to be valid, it must be subscribed by him and to show in only your name, profession and domicile of two witnesses who were at the front încheerea conventiunei and official.
29. If legalization of documents those who do not know the book is vitioasa or incomplete, the existence or the validity of the obligatiunei, it is possible to combat all ways of dânsii.


Chapter III About putting certain date and certification copielor after 30 acts and records. The district courts, the courts of wards and am obliged when communal will make such request, to give the date of the brawl acts under private signature.
This is done by registering the entry in the register of petitiunea and certificându in the bottom of the judge or mayor that that act was presented to the Court or City Hall at this date and that was recorded in the number of users from that day, month, and year. This certification act, shall be countersigned by the Registrar or notary, after nature from which emanated authority.
This does not derogate from the second indent of article dispozitiunile. 1182 and 1188 of the civil code and the special regulations prescribed in the field of commercial law.
31. the District Courts will also have competinta to free copies on the documents will be presented either party under private signature be legalized or emanating from any other Romanian authority.
The Tribunal must, in this case, on the one hand to aim for this purpose the Act after that libereaza copy and, on the other, to keep a copy of the case file same as legalized, put up with the expense of the military.
32. The Tribunal de commerce, and in cities where there are also courts, civil courts will have to certify the accuracy of loss children drawn from commercial registers, in mentionându, if such records are kept or not in accordance with the commercial prescriptiunilor legei.


Chapter IV interpretative Dispozitiuni regarding the formation of 33 wills. Dispozitiunile prescribed in art. 859 and following of the civil code, in respect of the form of wills, do not touch anything by this law.
For wiping out the îndoelilor, but what have appeared in court over the practice of some of those formalities, shall have in the future the following: Delegatiunea to the testator's House tool storage can be given by simply rezolutiune of the President or of the judge, which means that you put on the place petitiunea, which has ' asked delegatiunea;
Judge delegated shall ensure in the case of illness and to indicate with precision reducers dwelling where he instrumented;
Autentificarei forms can be carried out by a single judge or at the residence of the testator, either at the courthouse. And in one case and in another by-election, he must be azistat by the Registrar, who will counter-sign in the act.
The judge will necessarily have to find the identity of the testator in the authentication protocol;
Regulations prescribed in article 10. 13 of this law for the establishment of identitatei will be applied and the wills.
All those preceding it will notice under penalty of nullity of the minutes.
Final Dispozitiuni 34. Legatiunile and consulates in foreign countries will continue to pursue the atributiunile what they are given by today's laws and regulations regarding being the authentication or legalisation of documents which were ' pose.
But they will notice future forms prescribed by this law for both categories of acts.
For legalizarile or logins made to the fixed stamp tax bills, will be 25, and for that money spent before the tribunals of detour, the stamp will be fixed by a lion.
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