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Law No. 233 Of 12 December 1923 Regarding The Discovery Of The Missing Presumed Dead During The War, As Well As To Start Or The Legal Situation Of Patrimoniilor And Their Followers

Original Language Title:  LEGE nr. 233 din 12 decembrie 1923 privitoare la constatarea morţii prezumate a celor dispăruţi în timpul războiului, precum şi la regularea situaţiei juridice a patrimoniilor şi a urmaşilor lor

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LEGE no. 233 233 of 12 December 1923 on the finding of the presumed death of those missing during the war, as well as the rule of the legal situation of the patrimonies and their offspring
ISSUER JUSTICE MINISTRY
Published in OFFICIAL MONITOR no. 204 204 of 12 December 1923



+ Article 1 Those disappeared from 13 to 26 July 1914 and until 1 April 1921, the date of the passage of the army on the foot of peace, will be presumed to cease from life if the disappearance has lasted at least a year from the latter date. These provisions also apply to people who did not belong to the army. + Article 2 The request for the finding of the presumed death of a missing person will be able to be made by any interested party or public office. The request will be addressed to the detour judge in the constituency of which the disappearance had his last domicile and will include: his name, pronouns, his profession, how and showing the evidence for establishing the merits of the application. The application and the entire procedure for the finding of presumed death shall be exempt from any stamp duty. + Article 3 The judge, receiving the request, will order her display in the extract at the door of the court, the town hall and at the last home, finding all this through the minutes of the respective agents. If by written evidence the part invokes and witnesses, the judge will order their call and obedience according to the rule of common law. In particular, the judge, ex officio, will ask for relations about the missing person from the public authorities, who, after the cases, could procure the necessary information in question. After a month from the display of the application at the indicated places, the judge will judge in the council chamber and will pronounce in the public sitting the court book, without the right of opposition and with the right of appeal to the court within 10 days of the ruling. The Court will judge with the same procedure and its decision shall be subject only to the appeal in cassation, within 10 days of the ruling. The Court's decision will be without right of opposition. + Article 4 The decision declaring the presumed death will determine the date of death, which in the absence of evidence will be the date of the decision of the first court. If that missing missing from the moment a fight occurred, an explosion, a shipwreck or another war fact, the moment of that fact will be considered as the date of death, outside if it was established by research that the missing survived that Fact. + Article 5 The final decision for the finding of the presumed death shall take place of the act of death and shall be entered after the request of the party concerned or ex officio in the register of For this purpose the Registrar of the Court, if the court book has remained final, or the Registrar of the Tribunal, is obliged to send extract from the decision to the civil status officer of the last home of the dead within 10 days from the date when The decision remained final. The clerks who will not have complied with this duty, or the civil status officers who will not be made immediately the registration will be punished by the court that ordered the registration ex officio, or after the prosecutor's request, to a civil fine from 500 to 2000 lei, through an unruly decision to no appeal, except that of the opposition within 5 days of communication. + Article 6 On the basis of the decision declaring the presumed death of the disappearance, the succession opens on the date when the decision was final. Heirs will not make provisions of dispositions until after passage of one year from the opening of the succession. The furnishing estate subject to corruption is exempted, which can be disposed of immediately after the possession. It will also be possible to alienate real estate if the judicial authority where the succession was opened would find this of a manifest use for the succession. The sale will be made by public auction and the price will be recorded at the House of deposits, with the presumptive heirs having no right but income. + Article 7 If the disappearance returns or if it proves its existence, the effects of the decision declaring the presumed death will cease and the final decision will be reviewed, after the request of the interested parties or the prosecutor, with the same procedure and the same remedies with which it was given. On the basis of this final review decision the disappearance will receive his fortune in the state in which he would be found, as well as the recorded price of the estranged things in it, or those bought at the price of the wealth sold, without being able to pursue that fortune if will be passed to a third person. The income of wealth is permanently earned by those sent to the possession of the inheritance. + Article 8 The husband of the missing, whose presumed death was declared, can remarry immediately after the decision has remained final. The latter marriage can be annulled because the dead presumed husband still lives, only after the request of the first husband or after the request of the husband, who had no knowledge of his existence. The nullity action will be filed within 6 months from the official finding of the existence of the presumed dead husband. The annulled marriage will produce towards the husband of good faith and children the effects of putative marriage. + Article 9 If the sentence by which one of the spouses was declared presumed dead was appealed by an application for review, the other spouse may not contract a new marriage before the final termination of the dispute, outside only if the request for review was made after the 3rd anniversary of the registration of the sentence at the civil status office. + Article 10 Until a final decision is given to declare the presumed death of a missing, the judge competent, after the request of the interested party or the public ministry, or even ex officio will be able to appoint a curator to do all the conservative acts, how and on those particular administrations determined regarding the wealth of the disappearance. The curator will be named by the preference between the presumptive heirs of the disappearance, who would depict more confidence for a good administration. The judge naming the curator will always order that the proceeds be divided between the presumptive heirs of the disappearance up to half of their value and even entirely if familiar imperious necessities impose this provision. + Article 11 The decision rejecting the application for the declaration of death remains without effect if the death were to be proved by civil status. + Article 12 Provisions of art. 7 will also apply to the judgments handed down by the courts after the common law before the promulgation of this law when the disappearance returned. + Article 13 Applications for the declaration of death presumed on the basis of the present law will be allowed for 5 years counted from the implementation of the present law. ---------------