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Law No. 4,287 Of 26 October 1921

Original Language Title:  LEGE nr. 4.287 din 26 octombrie 1921

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LEGE no. 4.287 4.287 of 26 October 1921 on the acts relating to goods of any kind in the lands of the Kingdom of Romania by the decision of the National Assembly of Alba Iulia of 1 Decemvrie 1918
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 172 172 of 21 November 1921



Through the grace of God and the national will, King of Romania, To all present and future, health: The legislative bodies voted and adopted, and We sanction the following: + Article 1 The provisions taken by the Supervisor Council of Transylvania are ratified by decree No VII of 6/19 Fevruarie 1919, with the amendments made by this law. + Article 2 They are also branches of law and in fact the following acts regarding the goods of any nature in the lands of the kingdom of Romania by the decision of the National Assembly of Alba Iulia of 1 Decemvrie st. n. 1918 1918: I. As regards the assets of the State 1. All acts of any nature concluded after 1 Decemvrie st. n. 1918, either by the Hungarian government, or by its organs, or by any other person or by any other body other than the Romanian government through that minister; 2. All acts of any nature that, although concluded before 1 Decemvrie st. n. 1918, enter any of the following categories: a) Those who were invested with all legal forms, were not entered in the funduary books until 1 Decemvrie st. n. 1918, or whose rear registration was made either without any authorization or with the authorization of any organ other than the Romanian government through the respective minister or a decision of the supervising Council, taken following a deliberation of that Council; b) Those for the completion of which or for the registration of which in the funduary books there was a need for a special approval of the Hungarian government or in general the higher authorities, if this approval was not given at all or given by anyone after 1 Decemvrie st. n. 1918, whether these acts were or were not yet inscribed in the funduary books. II. As regards the goods of the counties (counties), communes, public institutions and public utility, the foundations of any nature and in general all the institutions placed under the supervision or control of the State All acts of any nature with regard to these goods, concluded by anyone, but for the completion of which or for the registration of which in the funduary books was needed the approval of the Hungarian King, the Hungarian government and in general the authorities superior, if this approval was not given at all, if he was given by anyone, after 1 Decemvrie st. n. 1918, as well as if, on the basis of the previous data, the registration in the funduary books was carried out after 1 Decemvrie st. n. 1918, based on the authorization of any organ other than the Romanian government through the respective minister. + Article 3 Nullity of art. 2 is of public order, can be invoked by anyone at any time and even ex officio, either on the main path or by incidental or defence path before any court. + Article 4 The heads of the ocoals judges or those who have or will have in their attribution the vigil of the protocols, the funduary books, are obliged to radiate ex officio and immediately, as well as after the simple request of those interested all the acts declared void by art. 2 2 above. + Article 5 The state, counties (counties), communes, as well as all other foundations and institutions provided for in art. 2, will re-enter into immediate and free dominion of any tasks of the goods owned by the third parties, directly or by transmission from others, on the basis of the acts declared void by this law, without being able to be obliged to any refund of any nature, whether as a price, or as compensation or any other expense and without being able to oppose any right of redeprance, the effect of the one-year possession or any other right of any nature would be him. However, it is reserved for buyers the right to ask for the refund of amounts paid to persons other than those listed above, by legal action. + Article 6 As regards the acts relating to the goods referred to in art. 2 concluded, approved or entered in the funduary books within the range of 18 Octomvrie st. n. 1918 to 1 Decemvrie st. n. 1918, the following is available: 1. Those concluded by the Hungarian government or its organs, whether they were or were not inscribed in the funduary books, are also branches of law and in fact if they were not declared according to art. 2 2 of decree No. VII/919 of the Governing Council, until 30 June st. n. 1920 and they will be applied in everything the provisions of art. 3 3, 4 and 5 above; 2. Those in the previous paragraph for which the declaration was made until June 30 st. n. 1920, such as those who for their completion or enrolment in the funduary books were subject to any approval or authorization in the manner shown in art. 2, approval or authorization that was given in the range of 18 Octomvrie st. n. 1918 to 1 Decemvrie st. n. 1918 and their registration was actually carried out in the same time frame, they are presumed to have been concluded or approved both in terms of their completion and in terms of their registration at the expense of the interests of the Romanian State and as such they are hit by the same invalidity as the acts provided for in art. 2. Those interested are received, however, to remove this presumption on the way of the appeal made within the deadline and conditions established by the following articles. + Article 7 Appeals with respect to acts carrying out broadcasts, concessions or constitutions of rights of any kind and in any form relating to mining goods, oil, methane gas, mineral waters, water falls and in general to any kind of industrial enterprises, will be introduced to the ministry of industry and commerce. The appeals on all other acts will be introduced to the ministry of domains (contentious service). The appeals will be made in writing, within 6 months from the promulgation of the present law, and will include at length the grounds of law and in fact, having joined the acts they support, in original or in legalized children, accompanied in any case by a Certified translation in Romanian. The decision that the respective minister will have to give on each appeal will be able to appeal with appeal to the Court of Appeal in Cluj within 15 days of her communication by administrative means. The court of appeal is held to judge the emergency appeal and in particular, in the council chamber, contradictory to that ministry. The caller is held, under the penalty of nullity of his appeal, to make a choice of home in Cluj. Against the decisions of the Court of Appeal, appeal may be made by either party within 15 days of the ruling, by declaring it in writing at the Registry of that Court. Appeals will be judged by Section III of the High Court of Cassation, Emergency and in particular. In the case of scrapping, the High Court will evoke the fund and will judge as a last All the decisions of the Minister, the Court of Appeal and the High Court of Cassation shall be given without right of opposition. Admission of appeals or appeals cannot guide the State's conviction to court costs. + Article 8 Appeals, appeals and appeals, as well as the entire procedure are exempt from any stamp duty and the port. + Article 9 The decisions to reject the remaining final appeals will be communicated in the extract of the offices of the funduary books for the immediate deletion of the respective acts. + Article 10 Compared to the acts for which no appeal would have been made within the term defipt by art. 7, as well as the girl with those for whom the appeals have been rejected, will apply in everything the provisions of Articles 3, 4 and 5 of this law. + Article 11 A regulation will unravel, in case of feeling the need, the principles established by this law. + Article 12 All the provisions of the contrary of this law are also repealed. This law was voted on by the Senate at its meeting on July 4, 1921 and was unanimously adopted by five dozen and nine votes. Vice-president, G. G. Mironescu ((L. S. S.) Secretary, John Papp This law was voted by the Assembly of Deputies at the meeting of July 20, 1921 and was adopted unanimously by nine dozen and eight votes, against four. Vice-president, Dr. Avram Imbroane ((L. S. A. D.) Secretary, Nicolae G. Manolescu We promulgate this law and order that it be invested with the seal of the State and published in the Official Gazette. Minister of Areas, T. Cudalbu Minister of Justice M. Antonescu ------------