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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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 the ISSUING JUSTICE MINISTRY Published in MONITORUL OFICIAL nr. 204 of 12 December 1923 Article 1 Those missing within 13 on July 26, which from 1914 until 1 April 1921, date of passage on an army of peace, will be prezumati from disparitiunea vieata if stop will be lasted at least one year removed from him the latter date.
These dispoziţiuni shall also apply to persons who have never belonged to the army.

Article 2 Request for the recording of a person dead presumed missing may be made by any interested party or ex officio by the public Ministry. The application will address the judge in whose constituency disparutul detour had its last home and will include: the name, pronoun, its job, as appearing in the determination of the application for the establishment of evidence.
The application and the entire procedure for finding the alleged death are exempt from any stamp duty.

Article 3 the judge received application, having or in extract from usa, Town Hall and Court at last home, noticing all these through the minutes of the respective agencies. If in addition to the probe by invoking part and witnesses, the judge shall order the calling and listening to them after the common law regulations. Particularly, the judge, ex officio, will ask relatiuni about missing person public authorities, from the rock, after cases could procure the necessary informaţiuni.
After a month at places displaying the application removed from him, the judge will judge the Council Chamber and public meeting will rule in the book, without opposition and with the right of appeal to the tribunal within 10 days from the rock's pronouncement.
The Tribunal shall judge with the same procedure and its decision shall be subject to appeal in cassation only, within 10 days from the rock's pronouncement. The decision of the Court will be without right of objection.

Article 4 decision that declared the death of presumed death date will be set, that in the absence of evidence will be the date of the judgement of first instance. If the missing disappeared as soon as there was a struggle, an explosion, a shipwreck or another fact of his loom, the moment that actually will be considered as the date of death, except if it has been established by research that disparutul survived of that fact.

Article 5 final Decision for the finding of presumed death instead of death act and will be entered after the request of the interested party or ex officio in the register of deaths. For this purpose the Registrar of the Court, if the Court book has remained the definitive or the Registrar of the Tribunal, shall be obliged to send the extract of the officer's decision on civil status of the last residence of the dead within ten days from the date when the decision remained final. Registrars who will not be complied with this obligation, or civil officers who will not be done as soon as you enroll will be punished by the Court which ordered the inclusion of its own motion or at the request of the Prosecutor, after a civil fine 500 to 2000 lei dela, nesupusa by a decision from any remedy, except that of the opposition within 5 days from the rock.

Article 6 on the basis of the decision that declared the death of the alleged dispărutului opens the sequence at the date when the decision remained final. The heirs won't do dispoziţiune acts only after the passage of one year dela succession is opened.
It exempts wealth securities subject to corruption, which can be instrainata immediately after putting in possession. It will also be able to be instrainata even real estate if the judicial authority where he opened the succession would find this an obvious use for the succession. The sale will be made by public auction, and the price will be recorded at the House of prezumptivi deposits, his heirs having the right than income.

Article 7 If disparutul Returns or if proves his existence, the effects of the decision establishing the said presumed death will cease and the final decision will be revised, following the request of the person concerned or the Prosecutor, with the same procedure and with the same horse who was given.
On the basis of this final review decisions disparutul will receive wealth in the condition in which they would find, and the price of things allowed to be disposed of it, or those bought at the price of property sold without necessarily follow that if wealth will be the last of a third person.
Income property remain definitively won by those who sent in inheritance.

Article 8 dispărutului Husband, whose presumed death has been declared, it can recasatori immediately after the final decision remained.
The marriage will be annulled because of presumed-dead husband lives, only after the first request after the request of the husband or the husband who had no knowledge of its existence.
The action in nullity shall be lodged within six months from the rock officially presumed dead husband to existentii.
Marriage annulled will produce good husband faith and children effects of putative marriage.

Article 9 If the sentence by which one of the spouses has been declared presumed dead was attacked by a request for review, the other spouse may not contract a new marriage before completing the final dispute out only if the request for review was made after 3 years from inclusion of sentence at the civil status.

Article 10 until a final decision by putting the Declaration of presumed death of a judge, competinte, disappeared after the request of the party concerned or the public Ministry, or even ex officio will be able to appoint a curator to do all the paperwork and on conservative, such as those of administraţiune exactly determined for the dispărutului wealth. The trustee will be appointed preferably of prezumtivi heirs who would you dispărutului depicting more confidence for a good administration.
Judge calling on trustees will have totdeodată as the proceeds should be divided between the heirs prezumtivi you dispărutului up to half of their value and even entirely if necessities require compelling familiar this dispoziţiune.

Article 11 the decision which rejected the application for a declaration of death remains without effect if it would turn out with acts of civil status.

Article Dispoziţiunile of article 12. 7 shall apply to judgments handed down by courts after the common law before the promulgation of this law, when disparutul returned.

Article 13 Requests for declaration of presumed death on the basis of the law of the face will be introduced over a period of five years reckoned from the way of the implementation of the present law.