Law No. 4,287 Of 26 October 1921

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

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Law No. 4,287 of 26 October 1921 acts relating to goods of any kind from the Romanian Kingdom close by the decision of the National Assembly, which from Alba Iulia 1 Decemvrie 1918 PARLIAMENT ISSUING published in MONITORUL OFICIAL nr. 172 of 21 November 1921 By grace of God and the will of the King of Romania's national team, all of the face and future health care: legislators voted and adopted, and we sanctionam the following: ' article 1 shall ratify the dirigent Council dispoziţiunile taken of Transylvania by the Decree No VII/6, Fevruarie 19, 1919, as amended by this law.


Article 2 am and remain null and void and, indeed, the following documents relating to the goods of any nature from the Romanian Kingdom close by the decision of the National Assembly, which from Alba Iulia 1 Decemvrie St. b. 1918: i. in respect of goods of the State 1. All acts of any nature concluded after 1 Decemvrie St. b. 1918, either by the Government of Hungary, or its organs or by any other person or any body other than the Romanian Government through the Minister;
2. All documents of any kind who, though completed before 1st Decemvrie b. 1918, entering into any of the following categories: a) The who though they were invested with all the legal forms, were not entered in the books funduare 1 Decemvrie St. b. 1918, or whose enrollment has been trailing or without any authorization or authorization of any body other than the Romanian Government through the Minister or Council a year, dirigent taken as a result of deliberations of the Council;
  

b) those for whom perfection or to enrol in funduare books needed special approval of the Government in general or the Hungarian authorities approval, if it has not been given or been given by anyone after 1 Decemvrie St. b. 1918, whether these acts were or were not yet listed in the books funduare.
  

(Ii) in respect of goods (counties) counties, communes, public institutiunilor and fundatiunilor in the public interest of any nature and in General of all institutiunilor placed under the supervision or control of the State all documents of any kind with respect to such goods, concluded by anyone, but for whom perfection or to enroll in funduare's books was needed the approval of the Hungarian King, of the Hungarian Government and in general the higher authorities If this approval was not given at all, if it was given by anyone after 1st Decemvrie b. 1918, and whether, on the basis of approvals given previously, the entry in the books of the funduare was carried out after 1 Decemvrie St. b. 1918, based on autorizaţiunii any body other than the Romanian Government through the Minister concerned.


Article 3 the nullity of article. 2 is public policy may be invoked by anyone anytime and even of its own motion, or on the way home, either circumstantial or defense before any court.


Article 4 the judges ' Heads of wards or those who have or will have in their vigil atributiunea protocols, funduare books, are obliged to radiate from the Office and immediately, and after simple request to those concerned all acts declared null under article. 2 above.


Article 5 the State, counties, municipalities (counties), and all other fundatiuni and instituţiuni. 2, will rejoin the immediate and free of any burdens of property owned by the 3rd person, either directly or through others, broadcast on the basis dela acts declared null by this law, without necessarily being obliged to any refund of any nature, whether for money or as compensation or some other expense and without them it can oppose any right of retentiune the effect of tenure of one year or any other right of any kind would he be the right book buyers, however, require reimbursement of amounts paid to persons other than those listed above, through legal action.


Article 6 in respect of acts relating to the goods listed in article 1. 2 completed, approved and entered in the books in the range funduare dela Octomvrie St. 18, b. 1918 Decemvrie 1 St. b. 1918, provide the following: 1. The Government of Hungary concluded by its organs, or whether they were, whether they were not entered in the books funduare, am and remain null and void and, indeed, if they have been declared in accordance with article 4. 2 of Decree No. VII/919 dirigent Council, until June 30, St. b. 1920 and will apply to everything dispoziţiunile. 3, 4 and 5 above;
2. Those in the preceding paragraph for strides made the statement before the June 30th St. b. 1920, as well as those who enrolled for perfecting or in the books funduare were subjected to an approval or autorizatiuni in the manner described in article 11. 2, autorizaţiune or approval that was given in the range Octomvrie St. 18, Dale b. 1918 Decemvrie 1 St. b. 1918 and their enrollment has been carried out in the same time frame, are presumed to have been entered into or approved, both in terms of their perfection, and in terms of their inclusion harm the interests of the Romanian State and as such are hit by the same nullity as the acts referred to in article. 2. Those interested are receiving, however, to remove this prezumtiune path contestatiunii made within the time limit laid down in articles and generally.


Article 7 with regard to the acts of the Contestaţiunile that this object live, concessions or establishes any kind of rights and in any form relating to mining, oil, gas, mineral water, water drops and in General to any kind of industrial enterprises, will introduce at the Ministry of industry and trade.
Contestaţiunile on all other acts shall be inserted at the Ministry areas (disputed).
Contestaţiunile shall be made in writing, within six months before the promulgation of the Dale, and will include broad grounds of law and fact, with acts which are attached to supports, or a certified copy, accompanied in every case of a certified traductiune in Romanian language.
Managerial decision that the Minister will have to give on each contestatiuni will be able to attack with an appeal to the Court of appeal in Cluj, within 15 days from the presence of her communication administratively.
The Court of appeal to appeal judge attire of emergency and, in particular, in the Council Chamber, with the Ministry concerned contradictor.
The caller is kept, under penalty of nullity of the appeal or, to make the choice of domicile in Cluj.
V. deciziunilor the Court of appeal may appeal any party, within 15 days from the presence of his pronouncement, by declaring in writing to the registry of the Court in question.
Appeals will be judge by section III of the High Court of Cassation and justice, and in particular emergency. In case of breakage, the High Court will conjure up the Fund and will judge the last instance.
All deciziunile of the Minister, the Court of appeal and the High Court of Cassation are given without opposition.
Admission appeals or appeals the sentencing State cannot indritui the costs.


Article 8, Contestaţiunile calls and appeals, as well as the entire procedure are exempt from any stamp duties and portarei.


Article 9 Deciziunile contestatiunilor final rejection shall be communicated to the offices of books funduare extract for immediate deletion of those texts.


Article 10 the paperwork for wouldn't cari be made contestatiune within the time limit under article defipt. 7, well ahead of those for the contestaţiunile who have been rejected, are applied altogether dispoziţiunile items 3, 4 and 5 of this law.


Article 11 regulation will, in case of desvolta will feel the need, the principles laid down by this law.


Article 12 All dispoziţiunile of this Act are opposites and remain repealed.
This law was voted by the Senate at its meeting on 4 July 1921 dela and adopted unanimously five decades and new votes.
Vice President, g. g. Mironescu (L. S. S.)
Secretary, John Papp this law was voted by the Assembly of deputies at its meeting on 20 July 1921 Dale and was adopted unanimously as new and eight votes against four.
Vice President, Dr. Abram Imbroane (L. S. D.)
Secretary, Nicholas g. Vella Promulgăm this law and categorise them as it is vested with the seal of State and published in the Official Gazette.
Minister Greg fields, Minister of Justice, m. Antonescu — — — — — — — — — — — —