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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Law No. 1,726 of 17 March 1912 for State ownership of legal persons stapanite households with public interest published in PARLIAMENT ISSUING OFFICIAL GAZETTE nr. 278 of 18 March 1912, title I, About the passage of the State's households owned stapanite legal entities with public interest Article 1 All lands, except for forests and mountains, which are properties of the counties, communes, Scoalelor House, Church House, owned by the State, generally below established: on which lands "For legal persons have currently than nude property the presence of the law will be applied when goes out right uzufructuarilor. For estates belonging to the urban municipalities, located in the vicinity of the beam, the Ministry will be able to zip through common understanding, to leave all or part of the enlightened estates in mastering them.


Article 2 legal entities with public utility (Eforia spitalelor civile, Monastic Church of Brancovenesti, Cretzulescu, Nifon Seminary, St. Spiridon Epitropia of hospitals, nursing homes, Romanian Academy, Madona Dudu Church-epitropia of Craiova, the churches, the legal entities created through special hrisoave, etc.), are authorized to sell their lands in the same State in order, stopping them mountains, forests with their land property with a mansion, the expanse of the Earth up to a maximum of 50 hectares, and oil lands in areas recognized as such today. Are exempt from this dispoziţiune lands offered or left by testament clausa, with absolute and explicit, not to be able to alienate by sale or Exchange. If the forests located on properties sold have a stretch of less than two hundred hectares, facilities can sell them up themselves through law licitaţiune, public accounting, buying with the State pension, which will be inalienabila. Will also be able to sell through public licitaţiune everyone with their lands, intrebuintandu-is the price the same. Sales made by such State, shall be exempt from any stamp duty and registration.


Article 3 the State maintain the existence and autonomy of the various establishments in the public interest and charity, which will continue to function in the future as in the past on the basis of documents fondatiune, wills, hrisoavelor, previous laws, while preserving their heritage wealth securities, real estate, urban forests, with their land, households, together with everyone their land, the land of oil and those who are not from estates will sell in accordance with article 2. In article 4 the legal entities referred to in article 1. 1 and 2 will receive the price of the State-owned households passed a personal title of renta 4% inalienabila and perpetua, inconvertibila. The title will be handed in at the party at the time of sale, Clinical Lab and is part of the public debt of the State Register. That rent will be calculated so as to represent an equivalent net income of households sold the State increased as follows. In four successive periods of 10 years each, due to each establishment rent will be increased by 10%; first spore being April 1, 1922, and the fourth and the latter on April 1, 1952. For lands whose lease contracts today are developing earlier the year 1906, the price of land will be made in accordance with art. 11 of law on the face of the Earth, i.e. after evaluation attached to the superior Council of agriculture for the formation of izlazurilor in different regions of the country, increased by 20% over 10% increase of agricultural law invoelilor. Price fixed so will pay through a title registered renta 4% inalienabila perpetuate and inconvertibila, as shown above. The paperwork for the sale of households rented before 1906, and whose contracts will not be expired yet from promulgation of face, they will be able to do immediately after Wen promulgation, with condiţiunea as the State pay regular human settlements facility House sales, stipulated in contracts, rent for these estates; and titles of renta perpetuate constituted after norm fixed above, net income of these estates will submit the day of expiry of Helwan rental contracts.


Article 5 of rent paid by the State Revenue will be administered and used in the same way and have the same destinatiune as the current drawn from the income of the households rent stapanite entities up themselves.


Article 6 directors, representatives of the so-called epitropii up there will be owed, under their own responsibility, to surrender all property titles, statements, documents, old and recent contracts for the lease, as well as plans, hotarniciile, judgments regarding the lands that will be sold to the State. In case when a part of the State-owned lands will be based in the forests who retain their mastery of legal persons, if laying up alongside image consists of the earth when plowed, ponds, etc., will be smaller than that covered by woods, headlines and original documents about who speaks above will remain in keeping those Governments and institutions will bring out copies of court who will submit to the State.
Settlements administrations will have to keep forever at the disposal of the original state and entrusted to him, will be need to be presented in court. The State has the same bond compared to earlier, when titles and original paperwork was in his keeping.


Article 7 pending court Trials will go ahead by the State, which is substituted in place of today's proprietary. In the case of all the crowd out or part of one of the lands acquired by the State will make a proportional loss of rent paid for that land.


Article 8 the State will come into possession of the households of legal persons referred to in art. 1 from St. Dumitru which will follow the promulgation of the face, and those sold by the legal entities referred to in article 1. 2, immediately after the sale.
Lease contracts will comply with the established by the State until the URexpirare.* domains) — — — — — — — — — — — — — — — — — * Note) Art 8. The modified Law was published in the "Official Gazette" No. 17 on 20 April 1912.


Title II, section I, About selling in lots of households article 9 All State lands in the State property in the manner shown above will plot as in the rush to sell in batches to the inhabitants of Earth cultivators, Romanians under rigid conditions and in the way it looks below: All rules are determined by the law of the face will be sold and estates that are today the property of the State and who after the law of 1889 to be sold in batches. Estates. 5 of the law of April 7, 1889, out of those who came are mineral waters, they will be able to plot and sells, but only in respect of the area under soil and all the footnotes are absolutely State property, which will be able to give any concessions for mines, quarries, oil, etc., only despagubind on surface owners for part of the area considered for exploitation of subsoil products needs.


Article 10 Estates will divide as follows: three out of four parts will be sold in small batches of five hectares (some to be somewhat larger or smaller, as appropriate), and the fourth part will sell in large batches of 15, 20 and 25 hectares; in the region of hills and mountains may be exceptionally and several batches of 3 hectares. Estates of less than 400 hectares will not sell in small batches. No one will be able to get directly, or through frontmen persons more than 25 hectares. Those who will prove they have purchased and have more people through frontmen of a batch of twenty-five acres, sold on the basis of this law, shall be deposedati by the Ministry administratively, without somaţiune or judgment and rejoin State owned lots with the duty refund amounts received.


The section About selling small batches small ones Lots of article 11 will be sold this way: the price of the sale will be the one set out in the various regions by the superior Council of agriculture with the opportunity of lodging izlazurilor, increased by 20% over 10 percent increase allowed by law invoelilor. Buyers will pay before putting them in the possession of 15% buyer firm price, and the rest will pay him 40 years and 80 simestriale rates calculated with interest rate of 4% to the capital required for listing and depreciation during the term decidedly.


Article 12 Between peasants willing to buy a lot will be prefer: 1. Those who living at what they sell;
2. Those who living on neighbouring estates, at a distance of less than 5 km away.
3. Those who are established in any part of the country with the obligation to place at the place bought Between buyers in groups above will be Veterans of the preferiti: rasboiului) of 1877-1878, cultivators of the Earth;
  

b) those who are going to have more children or grandchildren in vieata;
  


c) Peasants graduates lower agriculture scoalelor. In the event of parity of conditions and neajungerea number of batches will be given particular him who will give a bigger advance. In the event of parity of conditions and in respect of the advance shall be by drawing lots. Municipalities will have the right to buy mainly before all two small batches. Buyers who are not residents on the Estate sold or in the neighborhood, will be obliged to sit at group bought and will get along with the lot bought a House two thousand square meters. To this end join the hearth of the village a stretch of land in proportion to the extent of the estate, which would serve to the settlement of those come from elsewhere, through the purchase of lots and increase growth in the future through the Commons.
  


Section III About selling large lots Big Lots of article 13 shall sell all on the price determined at art. 11, with responsibility for the buyer to pay the putting in possession of 20% of the total price and the remaining 80% within 30 years in two half-yearly instalments calculated each year with interest rate of 4% to the capital required for listing and depreciation during the term decidedly.
Large and small lots are shoppers will have to pay, will you, all or part of the price remained outstanding with anticipatie; in this case, there will be a decrease of 10% over the amount paid for with anticipatie. Large groups will be admitted to the competition ground, growers referred to in art. 12, from across the country, mainly for those without sitting on the estate offered for sale or in the vicinity; will have mainly: a higher scoalelor Graduates) agriculture;
  

b) rasboiului Veterans of 1877-1878, growers and some others with the obligation to lay down rigid conditions and with the penalties provided for in the regulations at the lot purchased. They have preference to all the other competitors without increasing the advance, which will only be provided for large batches. Out of these two categories of buyers that have particular, there will be more competitors than there are large lots for sale removed will mainly have one that will provide a higher advance. In the event of a tie in advance bids, will be given particular him who will have several children and grandchildren in the bottom line in vieata. In the event of a tie, the condiţiune and this will draw lots.
  


Article 14 under the auspices of the Romanian peasants, land, growers can buy lots of small and big: priests, teachers, trainers. In the case when they would be transferred to another commune than that in which it is located on the lot they bought will be able to keep it arendandu lot, with the duty, however, to come back and sat on the lot once through demisiuni, pensions or any other sake should no longer handle their function.


Article 15 those who will buy a small lot or sea will be required to be in place within a year from the lot and get it cultivate in person without it could lease, unless the landlord would be unable to cultivate (female, young children, disability, military service). In this case, the lease shall be subject to the approval of the Ministry of agriculture and areas, a term that would not go over three years; any contract is void and may feel there is long. Arenzei price is not going to be able to get ahead than one year; any pre-payments for a period is nil, and badly formed. Those who will not be bought down to the lot within the period prescribed, as well as those who will be alienated, either directly or in a disguised manner, through a lease, antichresa, bonds, powers of Attorney, etc., as well as those who will be renting one or more lots in the counter dispoziţiunilor in this article, will be somaţiune or deposedati, without judgment, administratively. This penalty also applies to those who have purchased, under previous laws and were not complied with the indatoririi imposed by art. 4 of the law of 5 April 1886 and art. 3 of 7 April 1889. They will have a period of five years from the promulgation of the law in order to sit at their lots or sell them. These sales will be made with the authorization of the Ministry, by persons who, under the law of the face, can buy small or large batches. After passing the five-year term, will be deposedati as is shown above. Are exempt from this penalty from Carlos inhabitants urban municipalities that bought lots by virtue of these laws, if they grow themselves and who are at a distance batches of less than ten kilometres from the way urban commune where I am. Will also be deposedati with the same shapes and conditions and those who, after being seated, will be leaving the lot purchased or leased, will be out of the case and generally referred to above. A temporary absence is not justified and considered as an abandonment. Buyers of lots or their heirs will be beholden to it down the lot and to cultivate once it would cease the cause which justified their absence and the lease of the lot. This under penalty provided for above. In case when there would you be reaseza to lot, will be able to trade him, with the authorization of the Ministry of agriculture and domains at one of them that by law are entitled to buy lots, for it shall be given a period of two years counted from the date on which it ought to settle the batch and to cultivate it. Will not wear out of this college within the period prescribed, will be deposedati, according to prescripţiunilor above. Women owning heiress or a batch, which will be increased after a man, domiciled in the other, they will also have the right to sell the lot in their rigid conditions shown above, within two years of the marriage.
Buyers of small or large lots who will not be paid for four six-monthly instalments of the price will be deposedati by the Ministry, administratively, without judgment and without somaţiune times that the Ministry should be required in advance to track the receipt of installments, under law, be otherwise.


Article 16 the buyers of large batches, which will pay full price, anticipatie will be able to lease or sell the lots purchased, but only after a period of ten years effective batch setting and personal cultivation; While the sale will not be able to do it than by those people who have to buy as well, according to art. 9 and 14 above. Any sale or lease made before this time limit of 10 years is null and inexistent and draws prescripţiunilor dispossess pursuant to above.


Article 17 In case of dispossession will receive a refund of the advance payment and amortization of him stripped. Dispossession will result in the return of the consignment in the possession of the State, which sold it again in the very top of the face.


Article 18 with effect from 8 June 1916, the date on which the term expires inalienabilitatii provided for in art. Constitutiune, 132 from the lands shown in top styled article as well as those that will sell on the face of the law, shall be-in terms of their alienabilitatea-what follows these rules: they can be freely sold or dispensed by their owners; but the Romanians of the Earth, i.e. the growers who make their culture alone and with the help of the family as well as those who are appointed through art. 14 of the law of the face. The Exchange, however, will be allowed under the laws in force. Nouii buyers will be subject to the obligations of legally resident within the limits and with the sanctions laid down in art. 15 and 16 above. Any disposal made on behalf of a person not included in the preceding categories, whether disguised as antichreza contracts, lease with long term, proxies, or any kind of acts, under any title, rights in rem, or constituents of personal over such lots, is void, and badly formed. Nullity may be requested both by the interested party, and the Prosecutor of the Tribunal, which will take place for this action.
For small lots sold after previous laws, as well as for small and large ones sold on the basis of the current laws, whose price will not be paid in full, when they will be disposed of with the breaking of the above dispoziţiunilor, Ministry of agriculture and the fields will terminate acts of sale, without somaţiune, delay or judgment by carrying their dispossession by administrative channels after the rules referred to in article 1. 15. rejoin State owned lot with duty refund amounts received under article 12. 17. Section IV means of succor for fixing buyers article 19 for noui in the villages, the country where the establishment of wells is difficult and expensive, the State will do with its expense a number of shafts or other facilities for their indestularea with water, according to needs and the number of inhabitants. Also we can make exemptions, giving material or borrow money for building homes and dependintelor those who will move from their house at lot purchased at another commune. These advances will not give than gradually submission of construction works. The total amount to which you will be able to pick up the advance shall act through regulations enforcement. The price of the material, after estimatia what will be done, it will refund the advances within 10 years with interest rate of 4% in six-monthly instalments.


Section V of the criminal Dispoziţiuni article 20


Those who having received money or materials to build houses and they will not be used for the purposes which have been ' given, will punish as, pursuant to article inselatori. 333 from the great book criminal. This penalty will be applied and which Veterans receiving State cattle, carts, tools of work, etc., in accordance with the law and they will be sold instead to sit at group concedat and use the culture of the Earth.


Dispoziţiuni section VI regarding indivisibility of lots and Lots of article 21 mergers bought are indivisible, whether they would be sent by sale, inheritance, with or without a will, or by any other way achizitiune. Large lots cannot be divided only in places which are not portions of less than five hectares. When a large batch will be sent to a number of heirs, which not allow each have at least 5 hectares or when for a daily batch will be several heirs, then small batch or fractions of 5 hectares large batch will be assigned a single heir in how and what bonds does look below. If major parties means cjay voe on the one or the ones who are going to be the owner of the lot or batch of fractiunei, they will be presented before the judge of detour, noting this leavening. Though they be forbidden minors or between heirs, they will be represented by their tutor or curator; in case when this will be his father, without carrying out any decrease of formalities, and in case when the tutor or curator will be another, then the judge will consider if detour învoiala protects the interests of the minor or of interzisului and otherwise will not legalize învoiala. For married women, you have the consent and the women and men. The owner of a parcel of five hectares, for a derogation from the provisions of the civil code, it is free to appoint him by will of his heirs the property which passes the lot; in this case, sultele will be fixed and others will pay the beneficiary comostenitorilor under prescripţiunilor below.


Article 22 in the case of misunderstanding between heirs, after the application of any of the parties, the judge of detour within 15 days of the request, shall call the parties before him through ' a summons to collective on behalf of heritage, the last residence of the deceased. The judge will find more intaiu to bring the parties to the understanding upon him or those who will become the owners of the lot or lots and factions on the price to be paid to others made joint, and if, and when, it will establish an understanding învoiala will be ascertained by him by means of a Protocol, which will judge and robe worn parts, when the judge will not appear to establish an understanding between the parties , will shoot the lot or lots between the factions made joint, who would like to become owners, making himself the price in case of misunderstanding, and on that point. For this operation, the judge will end the record signed by the interested parties. In all these cases, report of findings will submit the original, ex officio, the Ministry of agriculture and areas by the judge that will keep the detour folder or a copy verified by him. The Ministry, in its turn, will send situaţiunei Tribunal, this report, in order to transcribe in the mutaţiuni, after which the Court will be obliged to return it to the Ministry within 15 days after the transcript, under penalty of damages by the Registrar. The whole procedure in this matter will be free of charge.


Article 23 If neither side does not get voeşte lot or batch fractions, the judge will make finding it, announcing the Ministry of agriculture and domains, which will resume its roster, and targeted soaking heirs amounts paid as advance depreciation. The amount to be refunded will forward the judge that a detour will distribute the heirs, according to each person's rights.


Article 24 the Ministry of agriculture and domains has the right to do to stop the Dominion in the joint property of the lots when this joint possession held five years; to this end invites the parties concerned to proceed to the conflict, in accordance with these rules above, and, in the case of neurmare, you will be entitled to require from the judge of detour, as ex officio, to proceed to the Division after the creation of the rules set out above.


Article 25 the Heir will award the lot, will take his entire load as the amount due to the State, and the proper share of each heir, will pay a cash each within three years and an interest rate of 7% per year will pay 6 in 6 months, beginning after the passage of one month since the creation of the conflict. In the event of failure to pay the interest or capital, joint-heir will be able, after a passage of ten days from the date when payment had to be made, to judge from the detour in the forms referred to in article 1. 22, termination of Division and restoring some noui imparteli, which will be done with forms and within the time limits set out above, and to the exclusion of the heir who has not fulfilled his obligation to the right to assign the batch. When the self-styled heir, during his tenure would be buildings or other improvements to land, it will not be able to prevent the removal of the lot again for his rights to Brill, following claims and establish them in following through.


Article 26 in order to facilitate this, the heir of suszis, will be able to borrow from the credit communal and County, who is authorised to make the necessary advances.
This loan will be made for a period which should not pass over the remaining term until the permanent extinguishment of the debt, to pay the State the buyer firm price. Loan rates it will pay directly to County and municipal loan by the State, which in its turn will collect from the borrower, along with anuitatea for the payment of the price due to the primitive of the lot. The amount by which it will borrow from the credit communal and County, under the guarantee of the State, will not be able to override the advance figure bent and depreciation carried out until the day Division.


Article 27 the buyers of small batches will move out of the field which the commune of their training to sit at group bought will be able to sell the land what it would have in the commune where you move, another inhabitant of the commune and to ask the State to be dropped from the payment of the lot you buy with an amount representing the value of the land, which it has sold and will be debited to the purchaser by 17.4% compared to the Earth. The amount with which you will be able to bathe and charge the other one won't be able to get over the amount of land, fixed rules referred to in article 1. 11. Article 28 those who will buy large batches to another village where they are obliged to move, will be required to sell brothers, sisters or descendants from brothers and sisters what Earth would be in the village from which they move in ready and with the rules laid down in article 21. 27. Article 29 to cover expenses through necessity enforcement front, measurements, plotting, constructiuni, establishment of wells, construction advances, on behalf of the Ministry of agriculture and the fields, a credit of 5,000,000 lei, which will fly from surpluses through issuance of renta, through borrowing or by other means.


Article 30 of the EC will pay rates for large and small batches, the part of the interest money will form part of the general revenue of the State, and part of the depreciation will be used in the purchase of the State's pension, whose interest will capitalize all through the purchase of rent. The Fund thus constituted will be used for the payment of what forests buy State hard through art. 23 of the Act, as well as rural House for expenses resulting from the application of the law for exploiting the lands from inundation area of Dunarei.


Article 31 of the law of Any dispoziţiune of 7 April 1889 with various amendments received, the law of opposites, am and remain repealed.


Article 32 rules of public administration will determine the mode of application of the law of dispoziţiunilor face. This law was voted by the Assembly of deputies meeting on 29 February 1912 and passed unanimously 73 votes.
President, c. p. Olanescu (L.S.A.D.) Secretary, a. Rosetti this law was voted by the Senate at its meeting on 12 March 1912 Dale and was adopted by a majority of 41 votes, against 5.
Vice Chairman, General Tell (L.S.S.) Secretary, Dr. Promulgăm Cerkez that law and categorise them as it is vested with the seal of State and published in the Official Gazette.
Given in Bucharest, on 17 March 1912.
Carol (the L.S. St.) the Minister of agriculture and Minister of Justice Areas, I.N. Lahovari M.G. Cantacuzino---------------