Law No. October 4 1918 2,719 For Liquidation Damages Of Rechizitiunilor And Răsboi

Original Language Title:  LEGE nr. 2.719 din 4 octombrie 1918 pentru lichidarea rechizitiunilor şi despăgubirilor de răsboi

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Law No. October 4 1918 2,719 to remedy rechizitiunilor and damages of rabari published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 159 of 7 October 1918 FERDINAND I, through the grace of God and the will of the King of Romania's national team, all from health and future, face: legislators voted and adopted and we sanctionam: Chapter 1 article 1 Comisiunile district For the liquidation of the rechizitiunilor made by the Romanian authorities and remedies of rabari, institue of capitals are in the counties of County comisiuni composed of 7 members each, namely: a) a delegate of the Ministry of the Interior, which can also be the County prefect, and who will be President;
  

b) a judge-delegate of the Ministry of Justice, who will be Deputy Chairman;
  

e) a senior officer of the Ministry delegate to officers of rabari combatants;
  

d) an official delegate of the financial Ministry of finance;
  

It's a great industrias) or merchant Ministry delegate for industry and Commerce;
  

f) a delegate of the Union nominated by the farmers for agriculture of the county or, in the absence of the agricultural trade union, the Union's delegate to the vineyard, and in counties where there is no Union Ministry of vineyard areas will delegate a large landowner in the County;
  

A t g) appointed by the House of popular banks.
  

Comisiunea will be helped in his work by a Secretary, who, together with the staff of the Secretariat, will be appointed or delegated through the year, the Ministry of Interior. Where you need will require, it will be able to set up multiple district comisiuni, a journal of the Council of Ministers. The Presidents of these comisiuni will be appointed by the Council of Ministers after the proposal of the Minister of the Interior. For each comisiuni the presence of four members is sufficient, but the managerial decision, in this case, we need the date unanimously, and in case of divergence, comisiunea will judge again in the presence of at least five members, in which case the managerial decision will be given by a majority of four.


Article 2 Rechizitiunile will be liquid as they were found by the authorities, according to the Po rechizitiune presented by the person concerned. If cheque requisition was lost by the owner and was published by the Official Gazette his cancellation, owner of rechiziţionate objects will be required after every 3 months from the publication, the authority which takes rechizitiunea, made a duplicate of the receipt, on which it will present to the comisiune to be liquidated, proving that the cancellation of the original was notified by the Ministry of publicaţiunea rabari, made in the Official Gazette. Rechizitiunile for who will not be convicted in vouchers will be noticed under art. 5, and shall be disposed of in principle on the basis of existing military charges to the era when they were made, and if the object or service rechizitionat not passed at that rate, it will be worth doing by herself as comisiunea which will take account of current prices what predated the era in which they also made rechizitiuni.


Article 3 Compensation of rabari are due only to those who require them, trying as both were caused damage certain materials and direct, through feats of rabari either Romanian armies committed either by the Russian armies, whether armies of the enemy, or from any other cause in connection with direct rasboiul. Such compensation may not in principle exceed the share price set out in the tariffs of the military rechizitiuni in being different objects or products, and for those that could not figure out the worth of those rates will be made on the basis of comisiunea as the current prices to the era when he spent the fact. The worth of cattle agricultural and industrial machines, gears, craftsmen and materials of constructiune will argue with 30 per cent more than the price set out in the preceding paragraph. No compensation will be awarded for the objects of art and luxury. These will be determined by regulation legei. Reclamatiunile damages of rabari within must be made one year after promulgation, dela legei under penalty of no longer being received after this deadline. For those who find themselves today abroad fair, that term flows six months after the conclusion of the General pacei dela.


Article 4 Comisiunile from counties: Galaţi, Brăila, Ialomita, will examine and liquid damage in Dobrogea and the Cadrilater): that of Nolan damage Tulcea County;
  

b) The County of Braila County, damage from the constant;
  

c The Ialomita County) damage to those in the counties of Durostor and Caliacra. For Dobrudzha and Dobrudzha will award only those who will opt for Romanian nationality. Damage from the territories who through the corrections of the border were the Treaty deslipite dela will examine Romania and comisiunile liquid counties to which belonged to those territories, with only those who will opt for Romanian nationality.
  


Article 5 will investigate urgently and in particular: a) claims made by those who live in areas of fighting and especially those related to housing;
  

(b) Requests from other areas) relative to the housing.
  


Chapter 2 article 6 call Comisiunile Deciziunile comisiunilor district will be appealed to a special call comisiunea, which is in every city institue seat of a Court of Appeal consisting of: (a) First President of) Curtei or call a counselor of the Court of Cassation Curtei as President and two advisors call Curtei appointed by the Minister of Justice;
  

(b) a senior administrative clerk) and a great owner designated by the Minister of the Interior;
  

c) an adviser Curtei of accounts or a director appointed by the Minister of the Ministry of finance;
  

d) an officer designated by the Minister general of the combatant rabari. Appointments will be made by the Council of Ministers following proposals made by their respective Ministers. Comisiunile ringing in Bucharest, Iasi, Craiova, Galati and will stretch their Kisinau competinţa over who fall into rezortul districts Curtei of appeal of those cities.
  

According to the user will be able to establish such comisiuni call by the same standards in other major centres, as a result of hotărîrei the Council of Ministers based on the proposals of the Minister of the Interior.


Chapter 3 Procedure Article 7 the applicant personally or through comisiunei, procurator of the district will submit the request for liquidation and all evidence indicating who understands service. The President will fix the term of the Court, only if the proof with certificate of City Hall or the registry of the Court granting the territory where he committed the harm that a copy of the application was filed and displayed at City Hall for 10 days. For residents of the same village peasants who do not require a compensation of more than 2,000 lei each, the publication will be made collectively. Residents of Eastern Bulgaria will fulfill the formality and depunerei afisarei applications required by art. 7 at the Court and the Town Hall of the place of work of the special committees set up for comisiunile.
In the cities it will display residences made by the registry of the Court on the posters of the Tribunal and on the publicatiunilor, from the Town Hall. Clerk in rural municipalities and City Hall Secretary and Registrar of the Court of first instance in urban communes, is obliged, under penalty of being fined up to 500 lei, to display a copy of the request for compensation filed at damaging, within five days from the presence of her record. Side will take the knowledge, and the State is going to cite ex officio by the Ministry of Interior. The term of the Court will not be longer than 30 days dela. display The period of deferment will not be longer than 10 days, the State will get the knowledge of the term or whether it was a lack of will cite all of its own, even with the telegram with Telegraph retour receipt. Receipt of proof of the receipt of the telegram is inmanarei citatiunei. Witnesses, informers and experts can be brought without citatiuni, their identity is determined by tickets.


Article 8 Comisiunea will be able to reject on-the-whole reclamatiunile, even though they would be grounded, in part, when will notice a bad faith of the promoters of the complainant and his intenţiunea deadpan,-by means of fraudulent.


Article 9 the day of notice, the applicant and the State in person or through the procurator.


Article 10 Sample facts who pose as to damages and the quantum of damages to be determined directly before district comisiunei by any means. It is admitted of the sample with witnesses and prezumptiunile. Will receive samples in surveys administered by futurum and even through administrative inquiries, if they will find sufficient. Comisiunea will have all the rights and the power of a court to administer and to appreciate the sample without any definitive limit value. Will cause ex officio testimoniala, sample surveys, local research and any other means. Will cite either expertise or to give the required sciences as an informant or witness anyone up within 10 days, and citatiunile through administraţiune or by registered letter. Persons covered by paragraph 1 above shall be to condemn dela 100-500 lei without being able to exempt, unless it will be presented after the second call, or whether they will Justify the absence. Comisiunea will be able to give and the mandates of remembrance. Comisiunea will determine the appearance of traveling expenses due or expert witness, whistleblower. The amount that will be paid without delay of financial administration, following the President's address comisiunei.


Article 11


Deciziunile comisiunilor district will rule without opposition, in a maximum of seven days without trial, end from pronunciation to be able to delay a second time. Deciziunile for smaller amounts of 3,000 lei are given with the right opposition within eight days off dela pronouncement.


Deciziunile article 12 dealt with the right of appeal. The call will be made under the penalty of nullity within 30 days date. MORIS Deciziunile comisiunilor call are permanently without opposition and appeal.


Article 13 shall have the right of appeal: 1. a party claiming to be demolished;
2. the financial administration or through State representative or dela comisiune;
3. The Attorney general or the Prosecutor of the Tribunal in the interests of the State. The right and duty of those representatives of the public Ministry shall exercise only when you will be notified and will appreciate that she gave an excessive claims or that they used means that misled comisiunea, LLB. In the case of frauds will follow according to the penal code and the code of criminal procedure. The right of appeal will be 30 days date of pronouncement deciziunei dela. In case when the call daunatului will reject as unfounded, comisiunea call will force damaging by managerial decision rejecting the call to pay the State a thesis of 1 per cent of the amount paid as damages of comisiunea, LLB. This tax will be withheld from the payment of the financial administration despăgubirei.


Article 14 the terms of procrastination and pronouncement referred to in comisiunile shall comply with district and into the call.


Chapter 4 How to liquidate and pay indemnity Article 15 as soon as deciziunile comisiunei comisiunei district or appeals will remain definitive, the Finance Ministry will pay compensation in the manner prescribed by the following articles.


Article 16 shall pay in cash the financial administraţiunile of the County, placing it managerial decision, compensation up to 10,000 lei, and for buildings, up to 20,000 lei. Daunatul will be able to opt out of this cash payment, receiving instead of Treasury bills.


Article 17 Any compensation up to 10,000 lei, and for buildings up to 20,000 lei will be payable until these amounts in cash. Over these amounts comisiunea will determine a price that will be paid in Treasury bills and 1 share and the amount to be paid in cash will never be greater than 80 percent nor less than 50 per cent, walking in small compensation to decrease from the presence of the biggest without it is possible to give more than 50 percent of damages of 500,000 lei who pass. For the rest the State recognizes daunatului liquidated with quotas above a straight debt, which the State will pay within 20 years, which from January 1, 1920, the State being obliged to give daunatilor claim of title claims. In any case this title can not exceed the sum of one million for a single damaging. The titles will be depreciated by drawing lots with effect 1 January 1925, Dale in an increasing proportion, in accordance with the depreciation tables.


Article 18 the rate it pays cash cannot track any total no.


Article 19 The fixing of quotas in Treasury bills will take account of the damage suffered by an proporţiunea in relation to the entire fortune. This listing will be at 80 percent, when all this wealth was destroyed. If the damaging will be suffered damage in two or more districts, he will be obliged to make declaraţiuni before each district and comisiuni to show what is the entire damage against his estate. Declaratiunei or false statement takes will attract loss benefit this article. The application of this article shall be carried out on the totalitatei damage against Fortune, after the request of the party concerned. The least damaging will address comisiunei call that taking into account the various lichidarile made comisiuni, will decide whether or not it's place, dispoziţiunile this article applies.


Receipts for payment article 20 rechizitiilor and damage of rabari will be different and will be paid through the financial administraţiunea within the limits of the credits opened for this purpose. After the passage of one month to date, from the presence of Treasury Bill yields a 3 percent interest rate. Treasury Bill is negotiable, he is considered as an effect of the order and will be transferred through the gir. He will be received for payment of taxes at the State and guarantee together with other effects of State Titles. 17 will also be different values and will receive a deposit for half of their value.


Article 21 shall not be entitled to compensation for those condemned desertion, espionage and treason. Proof of these facts for the State.


Article 22 No costs are allowed and no percentage on the amount claimed.


Article 23 are exempt from stamp duty and registration all applications and documents will be in this matter, how procedures and any other formalities in addition to any authority whatsoever until full payment of the damage. But demand for compensation will be the next stamp: a 2,000-10,000) from the presence of 10 lei;
  

b) 10,000-50,000 to Dela 20 lei;
  

c) 50,000-100,000 at the end from 50 lei;
  

d) up to 100,000 Dela 100 lei.
  


Chapter 5 funds in the compensation will be paid to who and rechizitiunile of rabari article 24 for the payment of compensation shall be rechizitiunilor and provides a special fund of the Ministry of finance. It will affect the earnings of rabari tax product. The Ministry of finance opens a credit in the amount of MDL 300,000,000 for indemnification.


Chapter 6 transitional provisions Article 25 Dispoziţiunile art. 2 and 3 of Decree-Law No. 11 May 1918, 1,191, whereby he decided that, with effect from 1 June 1918, Dale to pay rent for the premises at rechiziţionate for cartiruirea inhabitants of men and other local routes available, as well as the necessary buildings for staff or material, of every kind belonging to the army, whatever the duration of rechizitionarei, is amended in the following manner. The amount of the rent and their despăgubirei for the damage is determined by good învoiala between rechizitionat and military authority that ran rechizitiunea within two months, and in the end from application case of misunderstanding, this amount will be determined by a joint comisiune, consisting of: a delegate of the Ministry of the rabari, a delegate of the Ministry of finance and a delegation of municipal authority concerned. The decisions of this comisiuni by majority vote taken, executable are provisionally, at having the right as disgruntled within 3 days hotaratei date comisiunei dela mixed to comisiunea, LLB. These decisions with respect to comisiuni district, amount of rent, are final, without appeal and without right of appeal. The rights gained for setting the amount of the rental payments, according to the Ministry's deciziunei rabari No. 88/918, published in Official Gazette No. 95 of 20 July 1915, before publicarei in the Official Gazette of the present law shall be respected. Dispoziţiunile under art. 1 of Decree-Law mentionatul 1.191/918, ratified by the law of 19 august 1918, by which he determined the continuation until the conclusion of the General aplicarei pacei legei requisition and regulation of them, remain in force. All other mentionatul dispoziţiuni from Decree-Law No. 1.191/918 am and remain closed. Legei regulation of front will determine the details of aplicarei to those contained in this article.


Article 26 the owners will be able to ask for restitution in the nature of any object that exists in the rechizitionat nature and whose identity it can restore giving up any compensation for these items.
The regulation will determine the cases where the State will refuse the request of who.
Will receive a refund of preference, tools and cattle work tools, shop, industrial transport vehicles, such as trucks, carts, chariots. Special Comisiunea referred to in article. 40, lit. b of the law established by the Ministry of the requisitions rabari will continue to operate, but their own study of law of proven procedure through the face.


Article 27 For rechizitiunile in Bessarabia, comisiunile will be in accordance with local laws and regulations, both for the rechizitiunile of rabari made by the authorities in law and compensation.


Article 28 principal authors and accomplices who with good science will be made up of fraudulent acts, presented times times will be kept secret but part of his fortune for which he obtained a final year of liquidation and claims of rabari, shall be punished by imprisonment from 3 months to 3 generations from years and repayment of the sum that will bent be charged in this manner. Public action for this offence shall be barred after five years from the rock obtinerei deciziunei final date for compensation and liquidation.


Article 29 A regulation regulations will determine the application and, in addition to legei points specifically provided for in the law, will fix in particular.

the enumerativa object) determination of art and luxury;
  

(b) regional Tariff prices) at which will make you realize maximal prices determined by the Ministry of trade and industry through the year, the date under article Ministerial. 27 of the special law authorizing the taking of exceptional measures;
  

Indemnizarile e comisiunei members);
  

d) Procedeurile details;
  

e) appointment and fees of his servants;
  

Comisiunile rogatorii f) and various special delegatiuni that comisiunile will be able to give them district.
  


Article 30


Legei dispoziţiunile of all opposites are face and remain closed. This law was voted by the Assembly of Deputies sitting in dela 1 Septemvrie 1918 and adopted unanimously the ninety votes.
President, c. Meissner.
(L.S.A.D.)
Secretary, Abu Hassan that law was passed by the Senate sitting in Septemvrie 1918 dela 21 and adopted unanimously by 21 votes sasezeci.
President, d. Daniel (L.S.S.)
Secretary, Colonel a. M Promulgăm this law and categorise them as it is vested with the Senate seal and published by the Official Gazette. Given in Iaşi on 4 October 1918.
Ferdinand (L.S. St.) the President of the Council of Ministers, a. Vernon Finance Minister ad interim, Justice Minister C.C. Arion, John m. Mitilineu — — — — — — — — — — — — — —