Advanced Search

Law Of 1 September 1886 For The Authentication Of Documents

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE of 1 September 1886 for authentication of documents
ISSUER JUSTICE MINISTRY
Published in OFFICIAL MONITOR of September 1, 1886



+ Chapter I Competent civil servants 1. The competent authorities to legalize the documents under private signature and authenticate the documents for which the law requires the authentic form are: a. The county courts in general and without restriction; b. The detour of detour; c. The communal courts and d. Police officers and police commissioners, only exceptionally and after the distinctions prescribed in the valley. 2. The county courts are competent to legalize or invest in authentic form any acts of any nature and value, and between any persons domiciled or not in the coprince of their circomscriptium. 3. Ocoal courts may not legalize or invest in authentic form other than the following acts, and only when the parties or one of them at least have their domicile or residence in the coprince of this judges: a. All acts whose legalization or authentication is brought to them by their organic law or by a special law; b. Contracts ascertaining personal bonds or conventions on securities up to the value of lei 3000 inclusive; c. Any other acts of such nature whose value has been determined by the parties or whose object falls within the jurisdiction of the said judges, in order to be judged in the first or last instance; d. Procures to present themselves and stand in justice, whatever the value and nature of the dispute, when the party that gives the power of attorney inhabits that detour; e. Tocmelile or contracts concluded in fairs or fairgrounds, independently of any condition of domicile or residence of the contracting parties. 4. The communal courts shall be competent to legalize or authenticate the following documents, if the parties or one of them has their domicile or residence in that commune: a. All the acts of the villagers whose legalization is brought to them by special laws; b. Any other acts ascertaining personal bonds or conventions on securities up to the value of lei 300 inclusive; c. Processes to appear and stand trial before any court, when the party who gives the power of attorney has his domicile or residence in that commune; d. Tocmelele or contracts concluded in fairs or fairgrounds if the value of the work does not pass over lei 300, independently of any condition of domicile or residence. 5. It is exempted from the competence of the communal and ocoal courts the testaments and the translative acts of real estate or constitutive of real rights on the buildings, which remain exclusively the jurisdiction of the county courts, even when the value of the object would enter the jurisdiction of those judges. 6. The fact of domicile or residence in a commune, or in the basket of a judge of detour, is found by the personal knowledge of the judge or mayor, who authenticates the act, attested in the minutes of authentication or, in case of not be the known part, through the certificate of the city hall where the party has its dom This certificate will be mentioned by its number and date and the showing of the authority from which it emanates, in the minutes of legalization and will be kept on file. 7. The competence of the policeman and the commissioners to legalize acts in the cities where such police authorities are, shall remain only incit shall be achieved by the following acts: a. Procures of any nature to represent before the administrative and judicial authorities, except in cases where the law requires an authentic power of attorney; b. Procures to receive pensions or lefties and receipts finding these primings as well as tickets for sales of cattle; c. Comforts and invoices for furnaces of any kind and up to any amount; d. Medical Certificates. In these cases the police authority entrusted with the identity of the party, certifies from the bottom of the act that the signature is of the person subscribed in the act. + Chapter II Document form + § § 1. --8. When the parties want to invest with the authentic formula an act of their own, for which the law requires this form under the penalty of nullity, they must appear in the person before the competent public official in the praetor of the tribunal, detour or communal adjudication, and to join in double copy the act that they want to authenticate in addition to a request for authentication subscribed by the parties. One of those two copies can be on free paper and will present itself unsubscribed by the parties. The president, the judge of the detour or the mayor, receiving the petition, both aims at the copies of the act to the unchanging, puts on the parties to subscribe in his presence the unsubscribed and ordoana copy the registration of the application. If the parties present themselves through procurers, they must have genuine and special power of attorney if the law requires such power of attorney for that kind of act. The power of attorney will be mentioned in the minutes of authentication, by the number and date of her and by showing the authority from which she exudes and copy, after her, removed with the party's expenses and certified according to the original by the very official who gives authenticity, will be kept on file; and the original of the bow will be entrusted to the interested party together with the authenticated act. 9. The parties may draw up their own act to legalize or invest with legal authenticity. When, however, they will resort to the lights of other people for making the act, this act will have to, when it will be present at legalization or authentication, bear in addition to the signatures of the parties and the signature of the person who drafted it. 10. Whenever it is to authenticate an act, the official who instrumentates and gives the authenticity, entrusts himself with the identity of the parties, reads them the act in their hearing, asks them whether those caught in the act are with their consent, and whether one of the two copies is subscribed by the dances; it places on the parties to subscribe the second copy in its presence; takes note of the statement of the parties and finds all this in a verbal process on which it transcribes from the bottom of the act on both He writes it both himself and the clerk, or the one who holds his place. 11. The completion of the formalities for the authentication of documents at the county courts will also be possible for a single judge; however, he will necessarily have to be asistred by the Registrar, who will countersign the authentication minutes, both on the minute (concept) and on both copies of the act. At the courts that have a special section of notariat, the authentications can only be done at that section. At the courts of ocoals the authentication is made by the judge or by his help, asistat by the writer who holds room for the clerk; and at the communal courts, by the azistat mayor of notary. The resignation of the writer or notary in the act is required, as is that of the Registrar, under the penalty of nullity. If in any rural commune happens that the mayor does not know the book, then the legalization of the act cannot be done at the town hall. The parties will also address the case at the respective detour. 12. Formalities of the authentication being fulfilled, one of those two copies of the act, namely the one on stamped paper, shall be delivered to the parties who subscribe on the petition of its receipt, and the other copy shall be kept at the court file and shall be pass into the substance in an alphabetical repertoire to be able to find the file with facilitation to need. Interested parties can obtain legalized copies of this act, with their expense. The certification of the copy of the copy with the original kept on file, is made by the judge or mayor, together with his clerk who holds his place. 13. The identity, either of the parties or their procurers, or of witnesses, shall be found by one of the following means: a. By the personal knowledge of the civil servant called to come, and who declares it in the act; b. By the statement of two witnesses known to that official; c. Through a certificate of identity released by the communal or police authority in the area of which the party has its domicile or residence in fact; d. Through the voter charter in conjunction with the receipts of contributions for the current year; e. Through the pasport or any other act taking place of the pasport when it comes to foreigners. The same way of probation can be used by Romanians abroad, before our consulates or legations in that country; f. Finally for persons without book science, the identity can be found by an address of the communal or police authority of the home or residence of the party, to the adjudication called by adeveri, and in which it will be shown need for which that side comes before that judge. This address that holds the place of identity ticket, will be given right at the hand of the party and will be possible at the file of the certificate. If the judge had a doubt about the sincerity of the act from which the identity results, or on the person that he was the one shown in the act, he can entrust himself with the truth by any other way of probation. 14. The identity certificate or the act that holds its place will show with precision: a. The name, pronouns and profession of the party to which it was given; b. The place where he lives, adeca the village or hamlet, if it is a rural commune; the suburb, the street and the number of the house, if it is an urban commune; c. Any other characteristic signs of the part if it has; d. The name of the authority that released that act, the date of the release and its serial number; e. The subscription of the civil servant who issued him and the seal of that authority; f. Semnature of the sheet if she knows how to subscribe or attestation that she does not know subscri, if she does not know. The minutes of the certificate must state the act on the basis of which the identity was found and show the authority from which it exudes, its date and the number of orders the gate. 15. The public servant who would free an act of false identity, or the one who has served with such certificates or with a certificate that is not his own, will be punished according to art. 135 of the penal code. 16. The authentication of the acts of those that do not know the book and which are subscribed by the laying of the finger, or by the application of a seal (seal) is made exactly according to the regulations prescribed above, in contrast only that the act must be subscribed by the one who served by the writer, and in addition to the parties to compare before the court. The minutes of authentication must in this case state, both the declaration of the parties that they do not know or cannot subscribe as well as that of the writer, that he drafted that act after the request of the parties. The writer of the act can also serve as a witness to prove the identity. 17. The writer or witnesses who will prove that they made a false declaration will be punished as false witnesses, according to art. 288 of the penal code, without the damage of other damages to the parties and even other more serious penalties, in case their fact would also be the elements of the crime of forgery in public acts. 18. Finding the identity of the party, the witness and the writer of the act, of their presence before the official who gave the authenticity, of the reading of the act in the hearing of the tutor and of the declaration of the parties that the act is made with their consent and underwritten by the dances, or that they do not know the underwriting, in case when the act is subscribed by the laying of finger or seal, all these are required under the penalty of nullity of the act. The minutes of authentication will also be found under the penalty of nullity, that the copy kept on file was subscribed by the parties in the very presence of the judge or civil servant who handled it. 19. In case of the disease found, which would prevent any of the parties from coming before the competent public authority, the judge can be delegated and is wanted to handle at home, if that part is found right in his common city of the residence of the court or court. If it is not in this city or commune, it will be possible to delegate the respective detour judge. In this case the authentication minutes must state both the case of the disease and the dwelling where it was handled. 20. Acts authenticated according to the provisions of the present law, are executors from the moment of their exigibility. The enforceable formula will be put on the dances of the same authority that has invested them with authenticated form and in the same way as for court decisions. On the documents authenticated by any communal court, the enforceable formula will only be able to be put by the respective detour court or by the county court. 21. The omission of any of these substantial formalities subjects the civil servant, whose fault the act was annulled, to the punishment of the dismissal, without the prejudge of other compensation to the parties if there is room. 22. The null act as a genuine act, for any coil or lack of form, may be worth as an act under the legalized private signature, or as an act with the definite date, or as a beginning of written proof, if it appropriates the conditions required for one or the other of these acts. 23. Ministerial instructions shall determine the manner of the preservation of authentic instruments in the archives of the courts and courts. + § § Two. --24. Competent public officials, are obliged if the parties require it, to invest with the authentic formula not only the acts for which this form is required under the penalty of nullity, but also any other acts for the validity of which the law does not require such shapes. In this case, however, the parties may request that the act be certified or legalized only as it is reached by the veracity of the signatures. 25. In case of simple legalization of signatures, the minutes must be recorded in the same way as for the authentic acts themselves, the following: 1. Presentation of the parties in person or by procurers before the court and their identity; 2. Their statement that the act is subscribed with their own signature; 3. The subscription to the public official of the copy kept on file. 26. For those who do not know the book or cannot subscribe, the minutes of legalization must be noted in this case: 1. Presentation of the parties and the writer of the act before the court or city hall and their identity; 2. Reading the act of the word in word in the hearing of the tutor; 3. The statement of the parties or one of them that he does not know or cannot subscribe; 4. The statement of the party that does not know subscribes that the act that was read to him is made with his consent and that he wanted to legalize. 27 27. Acts under private signature or underwritten by laying of finger, thus legalized have the same evidentiary force as authentic acts, for all that the competent public official finds that he has been declared by the parties or that he has spent before him. 28. Those who do not know book and who subscribe by putting their finger or by applying a seal, cannot force themselves under private signature until the competition of 150 lei. In this case for the inscription to be valid, he must be subscribed by his writer and show the intr'insul name, profession and domicile of two witnesses who were present at the conclusion of the convention and the making of the document. 29. If the legalization of acts of those who do not know the book is vitious or incomplete, the existence or validity of the obligation, can be fought by the Danes in all legal ways. + Chapter III About the giving of the definite date and the certification of copies by documents and registers 30. The county courts, the ocoal and communal courts are obliged when such request will be made, to give the date of the documents under private signature. This is made by registering the petition in the entry register and certifying itself at the bottom of the act of judge or mayor that that act presented itself to the court or city hall at the time of such and that it was registered at the custom number of the register from that day, month and year. This certification on the act, will countermeasure by the Registrar or notary, according to the nature of the authority from which emanates. It is not derogated by this at the provisions of art. 1182 1182 and 1188 of the civil code nor to the special rules prescribed in terms of commercial law. 31. The county courts will also have the competence to free certified children from the acts that will be presented to them by the parties either under private signature or legalized or emanated by any other Romanian authority. The Tribunal must, in such a case, on the one hand aim for this purpose after which it liberates the copy and, on the other, to keep to the case file an identical copy legalized, taken out with the expense of the party. 32. The trade court and, in the cities where there are no such courts, the civil courts will have the fall of certifying the accuracy of the children extracted from the commercial registers, mentioning in the certification, whether or not these registers are held in compliance with commercial law prescriptions. + Chapter IV Interpretative provisions regarding the formation of wills 33. Provisions prescribed in art. 859 and the following from the civil code, in regard to the form of the wills, do not touch anything by this law For the cursea, however, of the doubts, which arose in the court practice on some of those formalities, the following are available for the future: The delegation to be instrumental at the home of the testator can be given by the simple resolution of the president or the judge who holds his place, put on the petition asking for the delegation; The delegated judge must state in the minutes the case of the disease and indicate with precision the dwelling where he handled; The forms of the authentication can be fulfilled by a single judge, either at the testator's home or at the court. And in one case and another, however, he must be asistred 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 minutes; The rules prescribed in art. 13 of this law for finding the identity will also apply to wills. All those that precede will be observed under the penalty of nullity of the authentication minutes. Final provisions 34. The Romanian consulates and legations abroad will continue to exercise the attributions that are given to them by the laws and regulations today in the being regarding the authentication or legalization of the acts that would be present to them. However, they will observe in the future the forms prescribed by this law for both categories of acts. For the legalizations or authentications made at the communal courts, the fixed stamp duty will be 25 bani, and for those spent before the detour courts, the fixed stamp will be a lion. ______________