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Law No. 1,726 Of 17 March 1912 For State Ownership Of Estates Of Legal Persons Ruled By Non-Public Utility

Original Language Title:  LEGE nr. 1.726 din 17 martie 1912 pentru trecerea în proprietatea Statului a moşiilor stăpânite de persoane juridice cu caracter de utilitate publică

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LEGE no. 1.726 1.726 of 17 March 1912 for the passage into the property of the State of estates ruled by legal persons of a public utility
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 278 278 of 18 March 1912



+ Title I About the passage into the property of the State of the estates ruled by legal persons with a public utility + Article 1 All estates, except forests and mountains, which are properties of counties, communes, House of Scots, House of the Church, pass into the property of the State, in the following conditions established: For the estates on which the said legal entities currently have only property nuda, the present law will apply when the right of use will be extinguished. For the estates belonging to the urban communes of Dobrogea, located in the immediate vicinity of the city's radius, the ministry will be able, by understanding with the common sayings, to leave all or part of the so-called estates in their possession. + Article 2 Legal entities with a public utility character (civil hospitals in Bucharest, Brancovenesti settlements, Cretzulescu church, Nifon seminar, Epitropia Sf. Spiridon from Iasi, the hospitals, the nursing homes, the Romanian Academy, the epitropia of the Madona-Dudu church in Craiova, the churches, the legal entities created by special hrisoaves, etc.), are authorized to sell their estates in the same conditions, stopping by Their mountains, forests with their land, the mansion of the property with a stretch of land up to 50 hectares maximum, as well as the oilfields in the regions recognized today as such. It is exempted from this provision the estates given or left by will with the express clausa, absolute and general, of not being able to alienate through sale or exchange. If the forests located on the properties sold have a stretch of less than two hundred hectares, the above-said settlements can sell them through public auction, according to the accounting law, buying with their value the renta of the State, which will be inalienable. They will also be able to sell through the auction public the mansions with their lands, using the price in the same way. The sales made thus to the State will be exempt from any stamp duty and registration. + Article 3 The state maintains the existence and autonomy of the various settlements of public utility and benevolence, which will continue to operate in the future as in the past on the basis of founding acts, wills, hrisoavas, previous laws, preserving their property wealth, urban buildings, mountains, forests with their land, the mansions of the estates, together with their land, the oilfields and those of the estates that will not be sold, according to art. 2. + Article 4 Legal entities referred to in art. 1 and 2 will receive as the price of past estates in the property of the State a nominative title of annuity 4% perpetual, inalienable and inconvertible. The title will be handed to the seller party at the time of sale, while also registering in the public debt register of the Romanian State. That annuity will thus be calculated to represent the equivalent of the current net income of the estates sold to the State, increased as follows. In four successive periods of 10 years each, the rent due to each settlement will be increased by 10%; the first increase being on April 1, 1922, and the fourth and the latter on April 1, 1952. For the estates whose lease contracts today are prior to 1906, the price of the land will be made according to art. 11 of the present law, that is, after the assessment of the land fixed by the superior council of agriculture for the constitution of communal isates in different regions of the country, increased by 20% above the 10% increase allowed by the law of agricultural invoke. The price fixed thus will be paid by a perpetual renta title 4% inalienable and inconvertible, as shown above. The documents for the sale of the estates leased before the year 1906, and whose contracts will not yet be expired upon the promulgation of the present law, will be able to be done immediately after the promulgation of the law, with the condition that the State regularly shed at the House the seller's settlement, at the terms stipulated in the contracts, the arendays of these estates; and the perpetual annuity titles constituted by the norm fixed above, for the assessment of the net income of these estates, will be delivered to the seller settlements on the day the expiry of the lease agreements. + Article 5 The income of the annuity paid by the State will be administered and used in the same way and will have the same destination as the current income drawn from the arendays of the estates mastered by the above-mentioned legal entities. + Article 6 The administrators, the epitropes, the representatives of the above mentioned settlements will be obliged, under their responsibility, to hand over all the property titles, the documents, the old and recent documents, the lease contracts, as well as the plans, the decisions, the sentences court regarding the estates that will be sold to the State. In the case when some of the estates passed into the State property will consist in forests that remain in the dominion of the above-mentioned legal entities, if the extent of the estate that consists in the land of ploughing, puddles, etc., will be less than that covered by forests, titles and original documents about which are spoken above will remain in the preservation of the administrations of those settlements and will be removed children legalized by the court, who will be remitted to the State. The administrations of the settlements will have to always keep the originals at the disposal of the State and entrust them, if they have to be depicted in justice. The state has the same obligation to the settlements, when the original titles and acts are in its preservation. + Article 7 The pending trials will go before the State, which is rightfully substituted in place of today's proprietary settlements. In case of eviction of everything or part of one of the estates acquired by the State will be made a proportional decrease in the rent paid for that estate. + Article 8 The state will enter into the possession of the estates of the legal entities provided in 1 with start from St. Dumitru who will follow the promulgation of the present law, and for those sold by the legal entities provided in art. 2, right after the sale. The lease agreements in the being will be respected by the administration of the State domains until the exhalation. *) ----------------- Note * *) Art 8. Amended with the Law published in the "Official Gazette" No. 17 of 20 April 1912. + Title II + Section I About the sale in lots of the State's estates + Article 9 All the estates passed into the State property in the way shown above will be parceled as hastily as possible to sell in lots to the Romanian inhabitants cultivators of land, under the conditions and in the way as shown below: The present law will also sell the estates that are today the property of the State and which after the law of 1889 are to be sold in lots. The estates provided in art. 5 of the law of April 7, 1889, except those on which mineral waters would be located, will be able to plot and sell, but only in terms of the surface under the soil and all those in the basement remaining absolutely property of the State, which will be able to give any concessions of mines, quarries, oil, etc., compensating to the owners of the surfaces only for the part of the area taken for the needs of the exploitation of the + Article 10 The estates will be divided in the following way: Three out of four parts will be sold in small lots of five hectares (potentially a few to be somewhat larger or smaller, after circumstances), and the fourth part will be sold in large lots of 15, 20 and 25 hectares; in the region of hills and mountains will be able to be exceptionally and a few lots of 3 hectares. Estates of less than 400 hectares will only be sold in small lots. No one will be able to take directly, nor through people interposed more than 25 hectares. Those who will prove to have bought and posed through people interposed more than a batch of twenty-five hectares, sold under this law, will be dispossessed by the ministry by administrative means, without notice or judgment and the State will. re-enter the property of the lots with the duty of returning the amounts received. + Section II About the sale of small lots + Article 11 The small lots will be sold as follows: the price of the sale will be the one fixed in the various regions by the higher agriculture council on the occasion of the establishment of the communal springs, increased by 20% above the 10% increase allowed by the law of the agricultural. Buyers will pay before their entry into possession 15% of the purchase price, and the rest will pay it in 40 years and in 80 simestrial rates calculated with 4% interest on capital and the share required for depreciation within the decided term. + Article 12 Between the willing peasants to buy a lot will be preferred: 1. Those who dwell on the estate that is sold; 2. Those who live on the neighbouring estates, at a distance of less than 5 km. 3. Those established in any part of the country with the duty to settle at the place bought, Between the buyers in the above groups will be preferred: a) Veterans of the rasboiu of 1877-1878, cultivators of land; b) Those who will have more children or grandchildren from below in life; c) Graduates of the lower agricultural school. In case of parity of conditions and the failure to reach the number of lots will be given to the one who will give a higher advance. In the event of parity of conditions and in respect of the advance will proceed by drawing lots. The communes will have the right to buy especially before all two small lots. Buyers, who are not inhabitants on the estate sold or in the vicinity, will be obliged to sit at the bought lot and will receive besides the lot still bought a place of house of two thousand square meters. To this end will be joined at the hearth of the village a stretch of land proportional to the extent of the estate, which will serve to place those who come from elsewhere, by buying lots and increasing communes by increasing the population in the future. + Section III About the sale of large lots + Article 13 Large lots will also be sold on the basis of the price decided at art. 11, with debt for the buyer to pay in possession 20% of the total price and the remaining 80% within 30 years in two half-yearly installments per year calculated with interest of 4% on capital and the share required for depreciation within the period Determined. Buyers of large and small lots will have the faculty to pay, of you, all or part of the price left unpaid with anticipation; in this case, they will be paid a 10% decrease on the amount paid with anticipation. For large lots will be admitted to the competition of land growers, provided in art. 12, from all over the country, without falling for those seated on the estate put up for sale or in the vicinity; they will have a prefall: a) Graduates of the higher agricultural schools; b) Veterans of the rasboiu of 1877-1878 land growers, and some and others with the obligation to establish themselves in the conditions and with the sanctions provided in the law to the lot bought. They have preference to all other competitors, without increasing the advance, which will only be the one provided for large lots. Apart from these two categories of buyers who have a fall, there will be more competitors than the number of large lots put up for sale, will have the prefall that will provide a greater advance. In case of equality in the offers of advance, it will be given to the one who will have several children and grandchildren in the bottom line in life. In case of equality and on this condition, it will be drawn. + Article 14 Besides the Romanian peasants, land growers, they can buy small and large lots: priests, institutes, teachers. In case the Danes were transferred to another commune than that in which the lot bought by the Danes is located, they will be able to keep the lot by burning it, with the indebtedness but to return and to sit at the lot as soon as through resignations, exit to hostels or any other cause would no longer occupy their function. + Article 15 Those who will buy a small or large lot will be obliged to sit within one year of the lot bought and cultivate it in person, without being able to lease it, except when the owner would be unable to cultivate it (widow woman, young children, infirmity, military service). In this case the lease will be made with the approval of the ministry of agriculture and fields, on a term that will not pass over three years; any longer contract is null and non-existent. The price of the arene will only be able to be taken forward on a single year; any prepayment on a longer term is null and void. Those who will not sit at the lot bought within the stipulated period, as those who will be alienated lots, either directly or in disguise, by lease, antique, bonds, percentages, etc., as well as those who will be taken into lease one or more. many lots in counter to the provisions of this article, will be dispossessed, without notice or judgment, by administrative means. This penalty also applies to those who bought, by virtue of previous laws and did not comply with the duty imposed by art. 4 of the law of April 5, 1886 and art. 3 of 7 April 1889. They will have a term of five years from the promulgation of the law to sit down to their lots or sell them. These sales will be made with the authorization of the ministry, to people who, according to the present law, can buy small or large lots. After the five-year deadline passes, they will be stripped as shown above. It is exempted from this sanction the inhabitants of the urban communes who bought lots by virtue of these laws, if they cultivate them themselves and which lots are at a distance of no more than ten kilometers from the urban commune where they live. They will be dispossessed with the same forms and conditions and those who, after they have settled, will have left the lot bought or will be rented, outside the case and the conditions provided above. A justified and temporary lack is not considered as a leaving. The buyers of the lots or their heirs will be indebted to sit down to the lot and cultivate it as soon as they cease the cause that justified their lack and the lease of the lot. This is under the sanction provided above. In case if they did not reassemble themselves to the lot, they will be able to hunt it, with the authorization of the ministry of agriculture and fields, to one of those who by law have the right to buy lots, for this they will be given a term of two years counted from the day who should have sat down to the lot and nurtured it. If they do not wear out this faculty within the prescribed period, they will be dispossessed, according to the above prescriptions. Women heiress or owner of a lot, who will marry after a man, domiciled in another commune, will also have the right to sell their lot, in the conditions shown above, within two years of marriage. Buyers of small or large lots who will not be paid four semi-annual rates from the price, will be dispossessed by the ministry, administratively, without notice or judgment and without the ministry being obliged in advance to pursue the collection. rates, either under the tracking law or otherwise. + Article 16 Buyers of large lots, who will pay the full price with anticipation, will be able to lease or sell the purchased lots, but only after a ten-year period of actual establishment on the lot bought and personal cultivation; and the sale will not be could only do to those people who have the quality to buy such lots, according to art. 9 9 and 14 above. Any sale or lease made before this 10-year term, is null and non-existent and attracts dispossession as prescribed above. + Article 17 In case of dispossession it will be returned to the dispossessed the advance and the amortization paid. The dispossession will have the effect of returning the lot to the possession of the State, which will sell it again in the conditions of the present law. + Article 18 With effect from 8 June 1916, the date on which the term of inalienable provided by art. 132 of the Constitution, the lands shown up the so-called article, as well as those that will be sold on the basis of the present law, will be subject-in terms of their alienability-to the following rules: They will be able to be freely sold or given by their owners; but only to the Romans cultivators of earth, that is, those who make their culture alone and with the help of the family as well as those who are designated by art. 14 of the present law. But the exchange will remain allowed under the laws in force. The new buyers will be subject to the obligation of residence within the limits and with the sanctions established by art. 15 15 and 16 above. Any estrangement made for the benefit of a person who does not fall into the categories of the previous paragraph, be it disguised as antique contracts, long-term lease, proxies or any kind of acts, under any title, constituent of real or personal rights to such lots, is null and void. Nullity can be requested both by the interested party and by the prosecutor of the court of the place who will have action for it. For small lots sold according to previous laws, as well as small and large ones sold under the current law, the price of which will not be fully paid, if they are disposed of with the ironing of the above provisions, the ministry agriculture and areas will terminate the sales documents, without notice, putting into delay or judgment, proceeding to their dispossession by administrative means according to the norms shown in art. 15. The state will re-enter the property of the lot with the duty of returning the amounts received according to art. 17. + Section IV Means of facilitation for the establishment of buyers + Article 19 For the creation of noui villages, in the parts of the country where the establishment of wells is arduous and expensive, the State will make with its expense a number of wells or other installations for their stocking with water, according to the needs and number Residents. He will also be able to make facilitations, giving material or money on loan to build the houses and dependencies that will move from their home to the lot bought at another commune. These advances will only gradually be given with the advance of construction works. The total amount at which the advance will be able to be raised will be decided by law enforcement regulations. The price of the material, after the estimate that will be made, the advances will be restored within 10 years with the interest of 4% in half-yearly installments. + Section V Criminal provisions + Article 20 Those who receive money or materials to build houses and will not be used for the purpose for which they were given, will be punished as deceitful, according to art. 333 from the Criminal Condica. This penalty will also apply to veterans, who receive from the State cattle, carts, labor tools, etc., according to the law and will be sold to them instead of settling to the conceded lot and to use them at the culture of the earth. + Section VI Provisions relating to the indivisibility of lots and their pooling + Article 21 The lots purchased are indivisible, whether they be transmitted by sale, inheritance, with or without a will, or by any other way of purchase. Large lots can only be divided into portions that are not less than 5 hectares. When a large lot will be transmitted to a number of heirs, who do not allow each to have at least 5 hectares or when for a daily lot there will be more heirs, then the small lot or the 5 hectares fractions of the large lot will be assign to a single heir in the way and bonds that are shown below. If the major parts are understood by good will on the one or those who are to be the owner of the lot or the fraction of the lot, they will present themselves before the detour judge, finding this invocation. If they are between minor heirs or forbidden, they will be represented by their tutor or curator; in case this will be his father muma, without fulfilling any formalities, and in case the tutor or curator will be another, then the judge of the detour will examine, if the invocation protects the interests of the minor or of the ban and otherwise will not legalize the invocation. For married women, you will have to consent to women and the man. The owner of a lot of 5 hectares, for derogation to the provisions of the civil code, is free to designate by will that of his heirs the property of which the lot will pass; in this case, the sultele of the others will be fixed and paid by to the beneficiary of the comers according to the provisions below. + Article 22 In case of misunderstanding between the heirs, after the request of either party, the judge of the detour within 15 days of the request, will call the parties before it through a collective summons, addressed in the name of the inheritance, at the last domicile of the deceased. The judge will seek more intaiu to bring the parties to the agreement on the one or those who will become owners of the lot or fractions of lots and the price to be paid to the other comers, and in the case, when he determines understanding, this agreement will be found by him through a minutes, which will arise by the judge and the parties, If the judge does not come back to establish the agreement between the parties, he will draw the lot or the fractions of lots among the commortals, who would like to become owners, making the price himself in case of misunderstanding and on this point. For this operation, the judge will conclude the minutes signed by the interested parties. In all these cases, the minutes of finding will be submitted in original, ex officio, to the ministry of agriculture and fields, by the detour judge who will keep in his case a copy certified by him. The Ministry, in turn, will send to the tribunal the situation of the property, this minutes, to transcribe in the register of mutations, after which the tribunal will be obliged to return it to the ministry within 15 days of the transcript, under penalty for the Registrar of damages. All procedure in this matter will be free of charge. + Article 23 If none of the parties willfully take the lot or the batch factions, the judge will make this finding, announcing the ministry of agriculture and the fields, which will resume the lot, returning to the heirs the advance and the amounts paid as depreciation. The refund amount will be submitted to the detour judge, who will distribute it to the heirs, according to everyone's rights. + Article 24 The ministry of agriculture and the fields is entitled to stop mastering the lots, when this state of indivision has held for five years; to this end it will invite the interested parties to proceed to the division, according to the above rules, and, in the case of non-consequence, it will be in the right to ask from the detour judge, as ex officio, to proceed to the making of the division according to the rules set out above. + Article 25 The heir to whom the lot will be adjudicated, will take rightfully in his charge the entire amount due to the State, and the successor part due to each heir, will pay it to each one in money within 3 years and with a interest of 7% on a year, which is will pay out of 6 in 6 months, starting after the month-long transition from the making of the act of division. In case of non-payment in time of interest or capital, the comers will be able, after a pass of 10 days from the date when the payment had to be made, to ask from the detour judge, in the forms provided in art. 22, the termination of the division and the restoration of some new shares, which will be made with the forms and within the deadlines provided above, and with the exclusion of the heir, who has not fulfilled his obligation from the right to be assigned the lot. If the so-called heir, in the course of his possession had made buildings or other land improvements, it will not be able to prevent the lot being taken out again for the division, his rights to compensation will set them behind. by judgment. + Article 26 To facilitate this payment, the suszis heir, will be able to borrow at the communal and county Credit, which is authorized to make the necessary advances. This loan will be made on a term that does not pass over the remaining term until the final settlement of the debt, for the payment to the State of the purchase price of the lot. The loan rates will be paid directly to the communal and county credit by the State, which in turn will collect them from the debtor, together with the annuity due to the payment of the primitive price of the lot. The amount with which it will be borrowed from the communal and county Credit, under the guarantee of the State, will not be able to pass over the bent figure of the advance and the amortizations made until the day of the division. + Article 27 Buyers of small lots who will move from their commune to sit at the bought lot, will be able to sell the land that would have it in the commune from where they move, another resident of that commune and ask at the State to be low to paying the lot they buy with an amount representing the value of the land, which sold it and with which the buyer of the earth will be debited to the State. The amount with which one will be able to bathe and flow the other will not be able to pass over the value of the local land, fixed according to the norms shown in art. 11. + Article 28 Those who will buy large lots in another commune, where they are obliged to move, will be obliged to sell to brothers, sisters or descendants from brothers and sisters the land that would have him in the commune from which they move, in the conditions and according to the established rules to art. 27. + Article 29 In order to cover the necessary expenses by applying the present law, measurements, parcels, constructions, establishment of wells, advances for construction, opens on the account of the ministry of agriculture and fields, a credit of 5,000,000 lei, that will be covered by surpluses, by the issue of annuity, by loan, or by other means. + Article 30 From the rates that will be paid by buyers of large and small lots, the part representing the interest of the money will be entered in the general revenues of the State, and the part representing the depreciation will be used in the purchase of the State, whose dobinda will capitalize all through the purchase of the annuity. The fund constituted thus will be used for the payment of forests that are bought by the State through the application of art. 23 of the law of the rural house, as well as for the expenses resulting from the application of the law for the enhancement of lands in the flood zone of the Danube. + Article 31 Any provision of the law of April 7, 1889 with the various amendments that received, contrary to the present law, are also abrogated. + Article 32 A public administration regulation will determine how to apply the provisions of the present law. This law was voted by the Assembly of Deputies at its meeting on February 29, 1912 and was unanimously adopted by 73 votes. President, C. P. Olanescu ((L.S.A.D.) Secretary, A. Rosetti This law was voted by the Senate at the meeting of March 12, 1912 and was adopted by a majority of 41 votes, against 5. Vice-president, General Tell ((L.S.S.) Secretary, Dr. Cerkez We promulgate this law and order that it be invested with the seal of the State and published in the Official Gazette. Given in Bucharest, on 17 March 1912. CAROL (L.S. St.) Minister of Agriculture Domains, Minister of Justice I.N. Lahovari M.G. Cantacuzino ---------------