Law No. 85 Of 13 June 1923 To Liquidate Property, Rights And Interests Of Former Enemies And Subjects For Collection Of Their Receivables And Payables Towards Romanian Subjects

Original Language Title:  LEGE nr. 85 din 13 iunie 1923 pentru lichidarea bunurilor, drepturilor şi intereselor supuşilor foşti inamici şi pentru încasarea creanţelor şi datoriilor lor faţă de supuşii români

Read the untranslated law here: https://www.global-regulation.com/law/romania/3069788/-lege-nr.-85-din-13-iunie-1923-pentru-lichidarea-bunurilor%252c-drepturilor-i-intereselor-supuilor-foti-inamici-i-pentru-ncasarea-creanelor-i-datoriilor.html

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Law No. 85 of 13 June 1923 to liquidate property, rights and interests of the people of his former enemies and for collection of receivables and Payables towards their subjects published in Romanian PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 55 of 13 June 1923, Chapter 1 and Liquidation of assets, rights and interests of the people belonging to the former enemy States Article 1 property, rights and interests of people with who States Romania was in a State of war will be retained or disposed of for the benefit of the State, according to dispoziţiunilor peace treaties, on the basis of this law.
Apprehension and product liquidation will be charged by the State with a view to desdaunarii people stubs and the rule of the damage inflicted by the war who were not paid until today.


Article 2 the measure of detaining and the realisation of assets, rights and interests of the field which deals with art. the preceding will apply equally both property, rights and interests who will be released or not until today under control, seizure or provisional liquidation, as well as those who, being under such measures were subsequently removed.
These measures shall be exempt from the rock: a) the goods, rights and interests exactly specified as instruments for these measures on the basis of Law No. 3,446 of 22 July 1921, published in Official Gazette No. 89 dated 26 July 1921;
  

b) property, rights and interests which formed the subject of judgement given the contradictor.
  

Constituesc provisional measures conservative character without necessarily fleeting be opposed in any State in connection with the liquidation of chip of the face: deciziunile ministerial decisions by various panels of liens, logs of Ministers, decisions and ordinances given in the Council Chamber, without being given contradictory state.


Article 3 retention and liquidation of assets, rights and interests of the people above specified former enemy States will be carried out by the care and supervision of the Ministry of finance.


Article 4 a thorough research and a review of the situaţiunii of each good, right or interest, a former enemy, with their situaţiunea in 14 August 1916, will be made through an Office of liquidation, which shall be established under the Ministry of finance.


Article 5 the liquidation Office will be composed of six members: two advisors of the High Court of Cassation and justice, and four officials of the ministries of Foreign Affairs, the areas of industry and justice, one of each Ministry.
The liquidation will be chaired by the Minister of finance; in his absence, by one of the members appointed by him. the liquidation Office will have three Secretaries appointed between senior officials of the ministries of Justice, finance and industry.
Appointment of the members and Secretaries of the Office will be made by Royal Decree, on the basis of proposals from the Minister of finance with the assent of the Council of Ministers. Their appointment will be made for the whole time it will take to wind it up.
The liquidation will have staff from respective ministries self, and the works will be centralized by war reparations from the National Ministry of finance.


Article 6 the liquidation Office researching and reviewing the situaţiunea of law and of fact of each good, right and interest in the people belonging to the former enemy States, according to dispoziţiunilor art. precedents and on the basis of their assigned situaţiunii by peace treaties, mass property, reconstitue rights and interests of former enemies and prepares the work for their liquidation.


Article 7 the winding giving a reasoned conclusion, binding on the Ministry of finance, in which it said: the good, the right and) interest the enemy subjected to liquidation;
  

b) situaţiunea;
  

c) assessment done after the contribution and roles after another item or equivalent official, after the work of the experts will be appointed to that Office;
  

d) name and pronoun supusului enemy, how and home, which remains obligatory for the entire liquidation after 14 August 1916 situaţiunea dela;
  

e) his nationality;
  

f) tasks prior to August 14, 1916 or any earlier circumstance the same date, required to be known in connection with liquidation.
  

Opinions of the Office of liquidation to be valid must be to meet at least four votes.


Article 8 when due to various circumstances, legal or common law interests supusului the enemy could be liquidated, or just the rather winding would be replaced by a value, liquidation Office will specify and justify the replacement mode through this counter value, taking into account their currency and situaţiunea dela August 14, 1916.


Article 9 In accordance with dispoziţiunile art. 2 of this Act, any act, termination, notice of any kind, the ministerial decision, Journal of the Council of Ministers, order or judgement of any court date, in any form whatever, except those exempted under article. 2, with respect to the goods, rights and interests of the people of the former enemies and the quality of the subject, or not, of an enemy powers, data on the basis of law thereon or decrees-laws and subsequent laws made in this matter, will not be kept in the account with the opportunity of the liquidation and the apprehension of such property who treats this law.
Those acts, conclusion, opinions, ministerial decisions, journals of the Councils of Ministers, decrees and judgements and in General any act in that matter, data on the sechestrelor, or the opportunity for the various protective measures to those assets, rights or interests who quotes the laws and decrees-laws dealing, or others, have, in accordance with art. 2, definitivitatii character, they only address matters purely provisional nature conservative, did not work the power authority therefore judged as regards winding-up and detain them what will be done now by the State, and nor will they be able to be his opposite in nowise, regardless of their date of pronouncement.


Article 10 all acts of disposal, provision of any sort made either directly or otherwise disguised or anyway, concerning the goods, rights and interests of this law who treats, which had the effect of removing such property from State pledge, are null and void and devoid of effect toward the State. the holder of a fortune that belonged to a subject of a State was the enemy cannot invoke against good faith State from the moment of awarding.
Reenter the State heritage assets in the statement of law and of fact which from 14 August 1916, free of any burdens that date constituted posterior.


Article 11 quality of Proof of a State citizen was the enemy will be done according to the common law and the treaties of peace with adaogire as the presentation of a passport or submission to the voter cannot do by themselves proof of nationality invoked.
As regards the right of establishment, membership required by peace treaties, it will be set in accordance with the respective legiuirilor.


Article 12 the Minister of finance, on the basis of an opinion from the Office of liquidation, give a decision of liquidation and it contains the essential elements referred to above.


Article 13 the Minister of Finance shall managerial decision published in the Official Gazette and shall notify without delay the Tribunal's situaţiunii property, law or interests, and when they are located in various districts, each court where they are located.
When the seat of the undertaking or society was August 14, 1916 in one County, and other counties in various goods, notification will be made to the principal or secondary place of business or society ever since.
When to facilitate liquidation of the Ministry of finance would think necessary, based on the assent of the Office, as the liquidation of all assets of a former enemy, located in various districts, to be done by a single court, the liquidation shall be made by that Court indicated by decision of the Ministry of finance. Investing the Court thus made may not give place to any kind of contestatiune. Displaying sales orders will be made in this case and the Court of first situaţiunii whereof each good or interest were the enemy.


Article 14 the first Chairman to the courts with multiple sections and the President of the Court, where there was only a single section of the Court, is obliged, in three working days after receipt of deciziunii the Ministry of finance, to make an order whereby the right of property, liquidate or interests supusului the enemy. He snaps, after evaluation of managerial decision Ministry of finance, the price of which will begin liquidating dela auction without the system, and all important respects the liquidation and sale of the same year. Within 15 days of the Ordinance, the Registrar shall end from putting the Tribunal draws up his previously existing switchboard sarcinelor 14 August 1916.


Article 15 When the Court has a special section for notaries, sale of real estate will be made through that section, which will be addressed and contestaţiunile upon forms of sale. Contestaţiunile, however, upon liquidation of the Fund Ordinance will address within the time limits specified below the first President or President, who ordered the winding-up.
Property, rights or interests of securities will be sold through a public licitaţiune, just before the first section Chairman or President, who ordered the winding-up.


Article 16 Presidential Ordinance of liquidation and sale, will show that term for mobile may not be longer than 15 days free dela deciziunii date of liquidation of the Court, and for the estate of 30 days free from the presence of the same date.

Ordinance shall be communicated to the alien supusului or the undertaking to which it belonged, taking as the basis in this regard, for their communication, situaţiunea from the time of the statement of rasboiului (14 August 1916), as well as indicate in the managerial decision of liquidation of the Ministry of finance.
If the domicile, residence or principal place of business of the save enterprise at that era were out of the country, the Presidential Ordinance and all judicial acts of liquidation shall be made at the courthouse door situaţiunii property right or interests.
For undertakings established in the country on August 14 1916, the communication will be made at the Tribunal headquarters showed that the secondary through the managerial decision Ministry of finance.
When the owner of the property, right or interest subject to the enemy will be extinct in the country after August 14, 1916 Presidential Ordinance will only display on the door of the Tribunal of the liquidation.


Article 17 Presidential Ordinance, which deals with art. before that, it will be displayed on the personal liability of the Registrar in the ad Court, not later than 24 hours after her date. MORIS Your copy of it will be sent as soon as the Office: 1. liquidation of the Ministry of finance;
2. The Chamber of Commerce of situaţiunii goods, rights or interests; and when the Chamber of commerce would not exist, at the Town Hall of the place situaţiunii of goods, rights or interests. For movable or immovable property located in rural communes a copy of Presidential Ordinance will be displayed in all cases at City Hall.


Article 18 the sale of such assets, rights and interests will be made without the system.
The competitors will be admitted only those who will submit a deposit of 20 per cent of the price at which you start selling. The guarantee will be made in cash and in guaranteed State effects, nominal amount counted on.
For lack of competitors it may postpone the sale until after the request of the Ministry of finance.
For movable goods and rights last out at auction price will be lodged immediately even at the time of award. Their teaching will be done immediately after the end of the auction.
For property and real estate rights awarded price will be deposited within 10 days free. After the request of the Minister of finance, President of the Tribunal, however, the purchaser will be given longer periods for payment of the price, which does not pass two months removed from him the award. Until the payment, the Finance Ministry take over the real estate mortgage inscription.


Article 19 for the assets, rights and interests relating to national defense or public interest, the State, through the Ministry of finance, may declare that meant to wear as the successful tenderers, upon the property, law or the interests of the enemy with the price fixed by the report of experts appointed for this purpose by the winding previously put the decision on liquidation or court, when such an evaluation by the experts would have already been done.
In this case the auction is no longer occurs. President da order of restraint for the benefit of State that good on the price so fixed.
However, when it comes to selling real estate and the building was awarded to another person, the State has the right to communicate in 10 days as unfree dela award meant to behave like the event with the price out to tender. In this case, the Tribunal notes that this statement and believe that without being tender.
The State in any sales of such assets, rights and interests does not make price award.
The State will be able to substitute for the event, over these assets, rights and interests, an authority of the State, County or village when their interests would require. This will be done in the very top which special understanding between State and that authority will fix.
In this case the order of entitlement is given on behalf of the legal person substituted.


Article 20 When the successful tenderer provides goods, rights or interests is real estate other than the State, order award will be attacked with the appeal in cassation within 30 days counted from the day of award. She be attacked over for the same reasons and under the same conditions stipulated by the civil procedure, particularly as prosecuting the appeal will take place in accordance with art. 29 and 30 of this Act.
No liquidation and sale of such goods, rights and interests will not be able to be undone for the omission of any formalities, except for those who would harm the rights of third parties.
They will not be able to be cited than they and their exclusive service.


Article 21 When the successful tenderer is none other than the State and there lodges within the price of award, the security deposit shall be attributed fully to bidding law of the State in the very order of the court date on that day; and if there will be results for State and other damages, the Tribunal after the request of the Ministry of finance, will be able to prosecute him through a separate log and to its value, which in any case will not be able to compete in price value award. This log will call submissive son for 5 days off his date, Dale without the need of communication. The Court's decision in this regard will be given, in particular, without opposition, but with appeal to the High Court of Cassation within 5 days after delivery of the decision free dela. Appeal and the appeal is judged memories into the Council, generally referred to in article 32. 29 and 30 below, and without opposition.
Good or right will bid again within 15 working days counted from the day of the finding nedepunerii award, and the sale price will be made to the account of the first event. Sales terms as all dela dispoziţiunile of this law are applicable.


Article 22 in an society or a asociaţiune trade, industrial, agricultural or civil subjects with who States, Romania has been in a State of rabari would be entitled or parts of interest alongside of the Romanians or allies, the State has the right: in respect of rights or shares in a joint stock company or asociaţiuni, to sell the rights or shares what subjects they had former enemy Powers on 14 August 1916 citing this either by the Syndic, when they would be listed on the stock exchange or have a course on the stock exchange or by public auction in court, when they have such a course.
When company is not formed or asociatiunea stock or is not of a commercial or industrial nature, the State will sell them to those subject to the former enemies in the State that existed after the registers and the articles of incorporation on August 14, 1916.


Article 23 Dispoziţiunile above with respect to the sale through the stock market or before the Court of first instance shall apply and when their rights would be in joint possession of the Romanians or the allies and they would be clearly set out and cert. The State will sell those rights of supusului was the enemy through the scholarship when they lecture at the stock exchange, and by public auction at the Tribunal revealed by the Ministry of finance decision, when they have such a course.
When it would be in full view those rights, will ask State Court as contradictory to the path's subject on the alien and the other co-owners or interested in the living room of the Council, to note in what consists the side of property, rights and interests of supusului was the enemy, possibly by appointing an expert for this purpose.
The conclusion of a court date after calling parties is likely appeal within 15 days of delivery of the appeal and Dale in 15 working days counted from the way of delivery of the decision all the appeals, without opposition, the none of these instances. The judgment will take place in room summarily in the Council and in particular before any other business. Once established it will supusului part alien dispoziţiunilor proceeds in accordance with the first paragraph of this article.


Article 24 All liquidation and sale is done through registry, without charges and postage.
But they shall be deducted at the end of the liquidation of the price out.


Article 25 The Presidential Ordinance of sale counter tertiile person who would claim rights over any property, right or interest subject to such liquidation, will be able to make the opposition.
It will be directed to the Tribunal within 30 days counted from the day the Presidential Ordinance was being displayed in the courtroom.
After expiry of that period no opposition can no longer do.
Through the opposition will make a mandatory choice home in Vienna Court. The opposition with all its annexes will be filed a court liquidation, in duplicate, of who one is going to be submitted to the Office within three days of the liquidation of the Ministry of finance.
Along with the notice of opposition will be joined and a detailed memorandum, in duplicate, of the reasons for opposition, and all acts which the opposition is based.
The failure of the memorandum in detail or with the opposition draws straight cancellation of opposition.
Liquidation office receiving the opposition, with its annexes, shall examine them and give their opinion or to serve the State in defending his interests. If the State is going to have to fight his appeal and other documents, they will be forwarded to an emergency court.
The right of opposition is reserved and save were the enemy; He can show his Office intampinarile liquidation before being intervened the decision on liquidation of the Ministry of finance, as before they had given its opinion by that Office.


Article 26 Complaints will judge the contradictor in first court tribunal, with an appeal to the Court of appeal and the appeal to the High Court of Cassation. In all instances it will judge without opposition.

With the filing of the opposition, both by its authors, as well as the opposition and the State through special application made before the trial, will be required before the Court of first instance and the Court of appeal as to the first term to be allowed to call witnesses, the interrogator or paying, but eventually only one time-out for both samples.
Referral or referral by the oath, noui communication reasons noui, admission or hearing of experts, requests for intervention, reconventionale are not allowed in judging complaints.
Judging will be based on memories and oral desvoltarilor of the parties.
In case of deferment for other reasons will not pass legal term of 10 days and will be given the attention of all parties, even the representative of the State, and particularly will notify the President of the Court of first instance, the Ministry of Finance-Office winding-through an address. The Prosecutor, as the main part, will attend all meetings, these businesses being sequence.
The State will be represented both at the liquidation and the opposition through its advocatii, or by officials of the Finance Ministry delegates.


Article 27 the appeal either to save the Kingdom was subjected to an enemy State or of a third party person, suspend the sale with or without bail, after commending the circumstances of instances.


Article 28 of the Tribunal's decision In cons date upon appeal Fund, will be able to appeal within 30 days counted from the day, the pronouncement.
The call will head the first President of the Court of appeal. President of the Court to which it was assigned a fixed term will proceed as soon as no more than 15 days after the distribution date and from the way of removing the subpoenas through the registry, under the care and the personal liability of the Registrar of the Court. Previous article Dispoziţiunile shall also apply to judging call.
The decision of the Court shall give the unopposed.


Article 29 The Court of appeal against the decision can appeal within one month of the date when they and generations from this for the reasons stipulated by the organic law of the High Court of Cassation and justice.
All appeals in those businesses will be judged by the 3rd section of the High Court.


Article 30 before all of these instances, Court, Court of appeal, the High Court of Cassation, judgment calls and appeals of the opposition, will first any other businesses, even those who special laws giving them the right to be judged in particular and urgent.


Article 31 Decisions given in this matter will be reviewed after the request of the State, in accordance with common law.


Article 32 with the establishment of the liquidation Office under the Ministry of finance, atribuţiunile sechestrilor Commission of any Ministry. They pass wholly upon liquidation, this Office until final termination of agreeing settlement totals. Until that date the measure sechestrilor is maintained in their entirety, according to dispoziţiunilor peace treaties thereon, rights and interests as they were on August 14, 1916.
Sechestrilor conservation and management control will be made by the winding through some members specifically designated for this purpose.


Article 33 contracts for lease, rental or service generally concluded by sechestri-will be reviewed by the Office of liquidation. Are null and void contracts above who are documents which may be made by an administrator or who are stained by fraud or wilful. above Laws not being stained by fraud or dol will be reduced to the limit of permitted conventiunilor managers concluded.
The Finance Minister's decision in this regard will be attacked with the appeal before the Court of appeal in question under the law of civil procedure, within one month of its notification, which from the tenant or lessees ', performing the operation. The decision is given without objection and without any waiver by calling the administrator, who will be able to be called up for informaţiuni.
Call judge according to art. 30. the decision may be appealed within the prescribed period and in the appeal ready art. 30. Article 34 whenever it shows the present law on 14 August 1916, for the provinces of insemneaza, close to that date the date when exceptional measures have been taken in these provinces, and in the absence of such measures, Septemvrie 4, 1920.


Dispoziţiunile article 35 of this law will be applied on the occasion of any litigation which is incurred in respect of the property, rights and interests of people with who States Romania was the rabari.


Article 36 In against all judgments given in this matter, given before the present law may appeal, in accordance with the organic law of the High Court of Cassation, by all parties, before the Court of Cassation, section III, within two months after the promulgation of this law from the rock.
This right of appeal will be used and those who making appeal was rejected as inadmissible, or was lost not.
In v. deciziunilor that will give the courts of appeal, and subsequently the present law relating to businesses who are judging on the basis of the laws referred to in this article, the time limit for appeal will be one month dela pronouncement.
The appeal will judge the urgency and without opposition.


Chapter 2 sums of money claims against former enemies the people debtors and creditors Romanians Romanians of former Article 37 according to dispoziţiunilor peace treaties last, no debtor, subject to the English or the entire Allied territory, the borrower on the basis of his previous claims on August 14 1916, rasboiului, or during a subject of a former enemy countries will not pay that debt that debtor, but must a particular State depuie financial Office under the Ministry of finance, because of their total pay proportionately Romanian lenders you enemy States subject to borrowers, and subsequently the State for the damage sustained in his time of rabari.


Article 38 Any payment that is made contrary to previous stipulatiunilor article, starting when they were in force, which from the treaties of peace last till today, is null and void, it will be claimed again by the State, according to stipulatiunilor peace treaties explicit.


Article 39 All Romanian Romanian or debtors subject to the times, delving into the categories referred to in article 1. 37, are obliged to declare ' the Office ' in 30 days off the promulgation of this law, which from their debts as at 14 August 1916.
The debts will be declared and deposited in moneta shown by the instrument from which it derives, joining addicted children that act, and in the absence of such a communiqué in moneta shown by peace treaties.


Article 40 those who do not declare them, or them not declaring themselves they look just after their existence on August 14 1916, or being paid after that date will not declare will be punished on behalf of the State with a fine of 20 times the amount of debt, particularly the payment of the debt.


Article 41 all Romanians in Romania rounded GAM which are creditors, for his previous claims 14 August 1916 or during ocupatiunii, you have the people with who States Romania was in a State of rabari, are obliged to show ' the Office ' within two months after the promulgation of the present law, which from claims that have to be collected.
Of deposits laid down in art. precedent will be pay, commensurate with what claims will have. The rest will be assigned to the State in its claims and claims of rabari.
Those who don't will look within the above lose their right to be paid.


Article 42 the nullity of acts done with the enemy, declared as such on the basis of decrees-laws No. 1,480 Decemvrie 9 1917, no. 14 August 1916 2,790, no. 8 3,603 Decemvrie 1918 and no. 10 3,616 Decemvrie 1918, draws upon the full right to refund the price of the subject or the amounts receivable in English or ally, for the benefit of which the courts have declared void those acts. The State has the right to demand those amounts since the novel, supusului English or ally will be returned to the object or thing or.
The Finance Ministry has the right to demand these amounts on the basis of law and procedure tracking.
For the perfecting of the refunds all courts to send immediately after the promulgation of the present law, copies of sentences through who have canceled those acts. Of the amounts so collected will be given compensation of daunatilor rabari.


Article 43 Any dispoziţiuni from laws or regulations to the contrary dispoziţiunilor this law are repealed and remain.


Article 44 A regulation will be made for the application of this law.
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