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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

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LEGE no. 85 85 of 13 June 1923 for the liquidation of the goods, rights and interests of the former enemies and for the collection of their debts and debts to the Romanian subjects
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 55 55 of 13 June 1923



+ Chapter 1 Liquidation and retention of assets, rights and interests of subjects belonging to the former enemy + Article 1 The goods, rights and interests of the subjects of the States with which Romania was in a state of war will be retained for the benefit of the State or liquidated, according to the provisions of the peace treaties, on the basis of this law. The product of detention and liquidation will be collected by the State, in order to damage the Romanian subjects and the State from the damage caused by the war that have not been paid until today. + Article 2 The measure of detention and liquidation of the goods, rights and interests of which art is handled. precedent will apply both to the goods, rights and interests that will have been placed or not until today under control, seizure or provisional liquidation, and those who, put under these measures, were subsequently removed. It shall be exempted from these measures: a) Goods, rights and interests specified as being defended by these measures on the basis of Law No. 3.446 of 22 July 1921, published in the Official Gazette No. 89 of 26 July 1921; b) The goods, rights and interests that have formed the object of judicial decisions contradictory to the State. They constitute provisional measures of a conservative nature, without being able to be opposed in any way to the State on the occasion of the liquidation: the ministerial decisions, the conclusion of the various sequestration commissions, the journals of the councils of ministers, the ordinances and decisions given in the council chamber, without being pronounced adversarial with the State. + Article 3 The retention and liquidation of the above specified assets, rights and interests of the subjects of the former enemy States will be carried out through the care and supervision of the ministry of finance. + Article 4 A thorough investigation and a review of the situation of each good, right or interest, former enemy, compared to their situation on August 14, 1916, will be made through a liquidation Office, which is established by the ministry of finance. + Article 5 The liquidation office will consist of six members, namely: two councillors of the High Court of Cassation and Justice and four delegates of the ministries of fields, foreign affairs, industry and justice, one each of each ministry. The liquidation office will be chaired by the Minister of Finance; in its absence by one of the members appointed by him. The liquidation office will have three secretaries appointed from the senior officials of the justice, finance and industry ministries. The appointment of the members of the Office and the secretaries will be made by royal decree, based on the proposals of the Finance Minister with the assent of the Their appointment will be made for all the time the liquidation lasts. The liquidation office will have the necessary aid staff from the respective ministries, and the works will be centralized through the war reparations direction in the finance ministry. + Article 6 The Office of liquidation investigating and reviewing the situation of law and in fact of every good, right and interest belonging to the subjects of the former enemy States, according to the provisions of art. precedents and on the basis of the situation attributed to them by the peace treaties, reconstitute the mass of the goods, rights and interests of former enemies and prepare the works for their liquidation. + Article 7 The liquidation office shall give a reasoned, binding conclusion for the ministry of finance, in which it is shown: a) the good, right and the enemy interest subject to liquidation; b) its location; c) the evaluation made after the contribution roles and after another equivalent official element, or after the works of the experts to be appointed by that office; d) the name and pronouns of the enemy subject, as well as his domicile, which remains obligatory for the entire liquidation after the situation of August 14, 1916; e) his nationality; f) the tasks prior to August 14, 1916 or any other circumstance prior to the same date, necessary to be known on the occasion of the liquidation. The opinions of the Liquidation Office to be valid must meet at least four votes. + Article 8 When from various legal circumstances the good, right or interests of the enemy subject could not be liquidated, or precisely in order to carry out the liquidation would be to be replaced by a counter-value, the liquidation office will specify and justify mode of replacement by this counter-value, taking into account their situation and currency from August 14, 1916. + Article 9 In accordance with the provisions of art. 2 of this law, no act, conclusion, opinion of any kind, ministerial decision, journal of the council of ministers, ordinance or court decision, given by any court, on any path, except those exempted by art. 2, with regard to the goods, rights and interests of former enemies and the quality of subdued, or not, of an enemy power, given on the basis of the law on these goods or decrees-laws and subsequent laws made in this matter, shall not be kept in mind with the occasion of the liquidation and detention of these goods of which the present law treats. Those acts, terminations, opinions, ministerial decisions, journals of the councils of ministers, ordinances and judicial decisions and in general any kind of act in that matter, data on sequestration, or the occasion of various measures to preserve those goods, rights or interests of which the quotations laws and decrees-laws dealt, or however others, do not, according to art. 2, the character of the finality, they solve only purely conservative matters of a provisional nature, do not therefore have the power of the authority of the work judged regarding their liquidation and detention that will now be done by the State, nor will they be able to be opposed to him in no way, no matter the date of their pronouncement. + Article 10 All acts of estrangement, of disposition of any kind made either directly or disguised or otherwise, concerning the goods, rights and interests of which the present law treats, which have had the effect of removing these goods from the pledge of the State, are void of law and lack of effect on the State. The holder of a fortune that belonged to a subdued of a former enemy State cannot invoke the State's good faith from the moment of interest. The goods re-enter the patrimony of the State in the situation of law and in fact from August 14, 1916, free of any tasks constituted posterior to that date. + Article 11 Proof of the quality of citizen of a State former enemy will be made according to the common law and peace treaties, with the addition that the presentation of a passport or its registration in the electoral lists cannot make themselves proof of the invoked citizenship. As regards the establishment of the right of membership, provided for by the peace treaties, it will be established according to the respective legislations. + Article 12 The Minister of Finance, based on the opinion of the Liquidation Office, gives a liquidation decision containing the essential elements shown above. + Article 13 The decision of the Minister of Finance shall be published in the Official Gazette and shall be notified without delay to the tribunal of the property, right or interests, and when they are located in various counties, to each court where they are located. When the headquarters of the company or company was on August 14, 1916 in a county, and the goods in various other counties, the notification will be made at the main or secondary headquarters of the company or company. When for the liquidation of the liquidation the ministry of finance would think necessary, based on the opinion of the Office, that the liquidation of all assets of a former enemy, located in various counties, should be done by a single tribunal, the liquidation will be made by that court shown by the decision of the ministry of finance. The investiture of the tribunal thus made cannot give way to any dispute. The display of the sales ordinance will be made in this case and at the court of the situation of each good, right or interest former enemy. + Article 14 The first-president at the multi-section courts and the president of the tribunal, where there is only one section of court, is obliged, on three days off from the date of receipt of the finance ministry's decision, to give an order ordering the liquidation of the good, right or interests of the enemy subject. He fixes, after the evaluation in the decision of the ministry of finance, the price from which the liquidation will begin by public auction, without overbidding, as well as all the points essential to the liquidation and sale taken from the same decision. In 15 days from the giving of the ordinance, the clerk of the tribunal prepares the picture of the tasks previously existing on August 14, 1916. + Article 15 When the court has a special section of notary, the sale of the buildings will be made through that section, to which the appeals on the forms of sale will be addressed. However, the appeals against the fund of the liquidation ordinance will be addressed within the deadlines specified by the first president or president, who ordered the liquidation. The goods, rights or interests of the securities will be sold, by public auction, just before the section of the first-president or the president, who ordered the liquidation. + Article 16 The presidential order of liquidation and sale, will show the sales deadline, which for mobile cannot be longer than 15 days off from the date of the liquidation decision of the tribunal, and for buildings of 30 days off from the same date. The order is communicated to the foreign subject or to the enterprise to which he belonged, taking as a basis in this regard, for communication, their situation from the moment of declaration of the race (14 August 1916), as indicated in the decision to liquidate the finance ministry. If the residence, the residence of the foreigner or the principal place of business at that time were outside the country, the communication of the injunction and all the court documents of liquidation will be made at the door of the court of the right or interests. For enterprises with secondary office in the country on 14 August 1916, the communication will be made at the courthouse of that secondary office shown by the decision of the ministry of finance When the owner of the good, right or the subdued enemy will be disappeared from the country after August 14, 1916, the injunction will be displayed only at the door of the courthouse where the liquidation + Article 17 The presidential order of liquidation, of which they treat art. precedents, will be displayed on the personal liability of the clerk in the courtroom of the courthouse, within 24 hours of her date. Copy of it will be sent immediately: 1. The liquidation office of the ministry of finance; 2. Chamber of commerce of the place of property, rights or interests; and when the chamber of commerce did not exist, at the city hall of the situation of goods, rights or interests. For the securities or real estate located in the rural communes a copy of the presidential order will be displayed in all cases at the respective city hall. + Article 18 The sale of these goods, rights and interests will be done without overbidding. Competitors at the auction will be admitted only those who will submit a 20 percent guarantee from the price from which the sale is started. The guarantee can be deposited in cash and in State-guaranteed effects, counted on face value. For the lack of competitors you can postpone the sale only after the request of the finance ministry. For the goods and the securities, the last auction price will be submitted immediately at the time of the adjudication. Their surrender will be made immediately after the auction has finished. For goods and property rights adjudicated the price will be deposited in 10 non-free days. After the request of the finance minister, however, the president of the tribunal will give the buyer longer terms of payment of the price, which will not pass 2 months from the adjudication. Until payment, the finance ministry takes mortgage inscription on the buildings. + Article 19 For goods, rights and interests concerning the national defence or the general interest, the State, through the ministry of finance, may declare that it understands to act as adjudicators on the good, the right or the enemy interests with the price fixed by the report of experts appointed for this purpose by the Office of liquidation prior to the decision on liquidation or by the court, when such an assessment by experts had not already been made by the Office. In this case the auction has no place. The president gives the order of withholding the State of that good on the price thus fixed. When, however, it is the real estate sale and the building has been awarded to another person, the State has the right to communicate in 10 days out of adjudication that it understands to behave as an adjudicator with the price out at auction. In this case the tribunal takes note of this statement and considers that without being the tender carried out. The state in no sale of such goods, rights and interests shall not submit the price of the adjudication. The state will be able to substitute in the capacity of adjudicator, on these goods, rights and interests, a state authority, county or commune, when their interests would impose. This will be done in the conditions that a special understanding between the State and that authority will fix. In this case the adjudication ordinance is given the right on behalf of the legal person substituted by the State. + Article 20 When the adjudicator of the property, rights or real estate interests is other than the State, the adjudication ordinance will be able to be appealed in cassation within 30 days off counted from the day of the adjudication. It is under appeal for the same reasons and under the same conditions provided for by the civil procedure, in contrast that the appeal of the appeal will take place according to art. 29 29 and 30 of this law. No liquidation and sale of such goods, rights and interests can be annulled for the omission of any formalities, except those that would harm the rights of third parties to the person. They will only be able to be invoked by them and for their exclusive benefit. + Article 21 When the adjudicator is other than the State and does not submit within the period the price of the adjudication, the guarantee submitted to the bidding is fully awarded the right of the State by the very ordinance of the tribunal given that day; and if it will be a result for the tribunal after the request of the ministry of finance, will be able to condemn it by a separate journal and to their value, which in no case will be able to exceed the value of the price of the adjudication. This journal will be subject to the call within 5 days of his date, without the need for communication. The Court's decision in this regard will be given in particular, without opposition, only with appeal to the High Court of Cassation in 5 days off from the decision. The appeal and appeal are judged by memoirs, in the council chamber, in the conditions shown by art. 29 29 and 30 below, and without the right of opposition. The good or the right will be bid again in maximum 15 days off counted from the day of finding the non-submission of the price of the adjudication, and the sale will be made to the account of the first adjudicator. The rules from sales as well as all provisions of this law are applicable. + Article 22 When in a company or a commercial, industrial, agricultural or civil association, the subjects of the States with which Romania was in a state of rasboi would have the right or parts of interests with the Romanians or allies, the State is in law: With regard to rights or actions in companies or associations on shares, to sell the rights or actions that the subjects of the former enemy Powers had on August 14, 1916, doing this either through the trade union, when they would be listed on the stock exchange or have a course on scholarship, or through public auction at the courthouse, when they do n' t have such a course. When the company or the association is not constituted on shares or is not of a commercial or industrial nature, the State will sell the part that lies with those former enemies, in the state in which they existed according to the registers and the articles of association on August 14 1916. + Article 23 The above provisions regarding the sale through the stock exchange or before the tribunal will also apply when their rights would be in the indivision with the Romanians or allies and they would be certain and clarified established. The state will sell those rights of the former enemy through the stock exchange when they have flowed to the exchange, and through public auction at the court shown by the decision of the ministry of finance, when they do not have When those rights were not clarified, the State will ask the court for contradiction with the foreign subject and the other co-owners or co-interested, in the council chamber, to find themselves in what consists of the part of goods, rights and interests of the former enemy, possibly by appointing an expert for this purpose. The conclusion of the tribunal given after the call of the parties is susceptible to appeal on 15 days off from the delivery and appeal in 15 days off counted all from the delivery of the decision given on appeal, without opposition, to any of these courts. The judgment will take place summarily in the council chamber and especially before any other business. Once the part of the foreign subject is established, according to the provisions of the first paragraph of this article. + Article 24 All the procedure of liquidation and sale is done by graft, no taxes and stamps. But they will be deducted at the end of the liquidation of the exited price. + Article 25 In order against the presidential order for sale the third parties who would claim any right to any good, right or interest thus subject to liquidation, will be able to appeal. She will be directed to the tribunal within 30 days off reckoned from the day of posting the Presidential Order in the courtroom. After the expiry of this period no appeal can be made. The appeal will make the mandatory choice of domicile in the district of the liquidation tribunal. The appeal with all its annexes will be submitted to the liquidation tribunal in double copy, of which one will be submitted in three days off to the liquidation office in the ministry of finance. With the appeal will be joined a detailed memo, in double copy, with the reasons for the appeal, as well as all the acts on which the appeal is based. Failure to submit the detailed memo or acts with the appeal entails the annulment of the appeal. The liquidation office receiving the appeal, with its annexes, examines them and gives its opinion that will serve the State in defense of its interests. If the State for fighting the appeal will have other acts, they will be submitted by the emergency to the tribunal. The right of appeal is reserved and the foreigner was the enemy; he can show his welcome to the Liquidation Office and before the decision to liquidate the finance ministry was intervened, as and before the opinion was given by the that Office. + Article 26 The appeals will be judged adversarial with the State in the first court of law, with appeal to the Court of Appeal and with appeal to the High Court of Cassation. At all courts they will judge themselves without the right of opposition. With the filing of the appeal, both the objector by the appeal itself and the State by special request made before the trial, will be able to ask before the tribunal and the Court of Appeal that for the first term to be admitted the call to interrogator or witnesses, giving, however, possibly only one postponement for both samples. The deferment or reference of the oath, the communication of nine pleas, the nine acts, the admission or the hearing of experts, requests for intervention, counterclaims shall not be admitted in the trial of appeals. The trial will be based on the pleadings and oral desvoltations of the parties. In case of postponement for other legal reasons the term will not pass 10 days and will be given in the knowledge of all parties, even the representative of the State, and particularly will be notified by the president of the tribunal, the ministry of finance- liquidation-through an address of his. The prosecutor, as the main party, will be present at all meetings, with these businesses being public order. The state will be represented both in liquidation and at the appeal through its employees, or by the officials delegated by the ministry of finance. + Article 27 The appeal, either of the foreigner former subject of an enemy State or of a third party, suspends the sale with or without bail, after circumstances appreciated by the courts. + Article 28 In the event of the court's decision on the merits of the appeal, it will be possible to appeal within 30 days off, counted from the day of delivery. The appeal will be directed by the first-president of the Court of Appeal. The president of the court to whom he was assigned shall immediately fix the term of trial no further than 15 days from the date of distribution and order the removal of the citations by graft, under the care and personal liability of the Registrar of the Court. The provisions of the previous article also apply to the appeal. The Court's decision is unopposed. + Article 29 The decision of the Court of Appeal may appeal within one month from the date of its delivery and that for the reasons provided for by the organic law of the High Court of Cassation and Justice. All appeals in these businesses will be judged by the Third High Court. + Article 30 Before all these courts, the Tribunal, the Court of Appeal, the High Court of Cassation, the adjudication of the appeal, appeals and appeals will first any other business, even those in which special laws give them the right to be prosecuted in particular and urgency. + Article 31 The decisions given in this matter can be reviewed after the State's request, according to the common law. + Article 32 With the establishment of the Office of liquidation besides the ministry of finance, the powers of the sequestered committee of any ministry cease. They pass entirely on the Office of liquidation, this until the final termination of the liquidations. Until that date the measure of sequestration is maintained in their entirety, according to the provisions of the peace treaties, on these goods, rights and interests as they were found on August 14, 1916. The control of the preservation and administration of the sequesters will be made by the Office of liquidation by some specific members designated for this purpose + Article 33 The lease, rental or operating contracts, in general concluded by the sequester-administrators will be reviewed by the Office of the liquidation. They are void of law the above contracts that exceed the limits of the acts that can be made by a legal administrator or who are tainted by fraud or dol. The above acts that are not tainted by fraud or dol will be reduced to the limit allowed by the conventions concluded by the legal administrators. The decision of the Minister of Finance given in this regard can be appealed before the Court of Appeal in question, according to the civil procedure law, within one month from the notification of her tenant, tenant or explorer. The decision is given without opposition and without the call of the sequester-administrator, who can be called for information. Appeal is judged according to art. 30. The decision can be appealed within the deadline and in the conditions of art. 30. + Article 34 Whenever it is shown in this law the date of August 14, 1916, for the joined provinces, this date marks the date when exceptional measures were taken in these provinces, and in the absence of such measures given by 4 Septemvrie 1920. + Article 35 The provisions of this law will be applied on the occasion of any dispute that would be born with regard to the goods, rights and interests of the subjects of the States with which Romania was in the rasboi. + Article 36 Against all decisions given in this matter, handed down until the date of this law, appeal may be made, according to the organic law of the High Court of Cassation, by all parties, before the Court of Cassation, Section III, within two months from the promulgation of the This right of appeal will be used and those who have appealed have been rejected as inadmissible, or been left in non-working. In the contrary to the decisions that will be given by the Courts of Appeal, subsequently to the present law and regarding the affairs that are judged on the basis of the laws provided for in this article, the term of appeal will be one month from the ruling. The appeal will be tried urgently and without opposition. + Chapter 2 Collection of claims of former enemies against Romanian debtors and acquittal of Romanian creditors of the former + Article 37 According to the provisions of the last peace treaties, no Romanian debtor, subject to Romanian or allied from the entire Romanian territory, debtor on the basis of a claim prior to August 14, 1916 or during the race, against a subject of a former enemy countries, will not pay that claim to this debtor, but must submit it to the State namely at the Financial Office of the Ministry of Finance, so that of their total to be paid proportionally the Romanian creditors of the debtors The enemy states, and subsequently the State for its damage suffered in time of rasboi. + Article 38 Any payment made contrary to the stipulations of the previous article, starting from the date of the implementation of the last peace treaties until today, is void of law, it will be reported again by the State, according to the express stipulations of Peace treaties. + Article 39 All Romanian debtors or subject Romanians or allies, entering the categories provided in art. 37, are obliged to declare "the Financial Office", in 30 days off from the promulgation of the present law, their existing debts on August 14, 1916. The debts will be declared and deposited in the monet shown by the act of which it derives, joining the children on that act, and in the absence of such a stipulation, in the monet shown by the peace treaties. + Article 40 Those who will not declare them, or declaring them will not show them exactly after their situation on August 14, 1916, or paid after that date will not declare them will be punished for the benefit of the State with a fine of 20 times the value of the debt, particularly debt payment. + Article 41 All Romanians on the territory of Romania who are creditors, for claims prior to August 14, 1916 or during the occupation, of the subjects of the States with which Romania was in a state of rasboi, are obliged to show the "Financial Office" in Within two months from the promulgation of this law, the receivables receivable. Of the product of the deposits provided by art. precedent will be paid, in proportion to the claims they will have. The rest will be assigned to the State on account of its claims and compensation of rasboi. Those who will not show them in the above term lose the right to be paid. + Article 42 The nullity of acts made with the enemy, declared as such on the basis of decrees-laws No. 1,480 of 9 Decemvrie 1917, No. 2,790 of 14 August 1916, No. 3.603 of 8 Decemvrie 1918 and No. 3,616 of 10 Decemvrie 1918, draws full right after itself restitution to the State of the price or amounts collected by the Romanian or allied subject, for the benefit of which the courts declared annulled those acts. The state is in the right to advertise those amounts since the novel, the Roman subject or ally will be returned its object or its thing. The Ministry of Finance is in the right to advertise these amounts on the basis and with the follow up law procedure. For the completion of these refunds all courts will send undelayed, after the promulgation of this law, children from sentences through which those acts were annulled. From the amounts thus collected will be given compensation to the rasboi. + Article 43 Any provisions in laws and regulations contrary to the provisions of this law are also repealed. + Article 44 A regulation will be made for the application of this law. ---------