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Law No. 953 11 March 1925 Relating To Disposal Of The Lots Acquired Through Dispensing

Original Language Title:  LEGE nr. 953 din 11 martie 1925 privitoare la înstrăinarea loturilor dobândite prin împroprietărire

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LEGE no. 953 953 of 11 March 1925 regarding the alienation of consignments acquired by impropriety
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 58 58 of 13 March 1925



FERDINAND I, Through the grace of God and the national will, King of Romania, To all present and future, health: The legislative bodies voted and adopted and We sanction what follows: + Article 1 The land acquired by villagers throughout the country on the basis of laws for agrarian and related reform through the various laws of impropriety, by the law of alienation of the goods of the State, or by purchase from the Rural House, cannot be sold or bought only subject to the exercise of the right of preemption of the State and in compliance with the provisions of this The land entered into the patrimony of the State through the exercise of the right of preemption will be sold by the State only to the citizens entitled and who were not impropriety, in the order of enrolment in the painting of the village and village cooperatives The right of preemption of the State shall be exercised for the above goods shown throughout the country both on the sales of goodwill and on the forced, by the central House of impropriety, according to the provisions provided by art. 81 of the regulation of the law for agrarian reform of the Old Kingdom, promulgated by the high royal decree No. 3.387/922, with the only modification that the sale or purchase will be brought to the attention of the central House of impropriety by simple petition addressed directly to the county agricultural adviser, and the central house of impropriety is obliged that within 60 days free from the registration of the application to the agricultural adviser to communicate to the petitioner, by simple address, whether or not he understands to exercise the right of pre-emption. The agricultural advisers are obliged to give the party, at the presentation of the request, proof of its receipt with the date and number of registration, on the day of The waiver of the Central House of impropriety to the exercise of the right of preemption will be found by a certificate issued by the agricultural adviser of the county. + Article 2 When the central house of impropriety will not exercise the right of preemption provided in art. I, the villager owner is free to dispose of his land, but only in the following conditions: a) The buyers of the lots can only be: 1. Romanian citizens, who are earth workers; 2. graduates of a school of agriculture of any degree, having their domicile and cultivating the land in the commune where the lot to buy is located; b) Lots can only be trained in the area provided in art. 126 of the agrarian law of the Old Kingdom, which law, in this regard, will apply throughout Romania; c) The sale can only be made after 5 years from the date on which the holder obtained the definitive title of property, on the basis of the full payment of the price of the lot; d) Buyer shall not keep, in his property, under any title or form, more than 25 ha. Cultivable land, the extent to which it reckons both what rules and what you want to buy. The finding of fulfilment of these conditions will be made by the county's agricultural adviser, who is indebted-under penalty of disciplinary penalties and compensation made to the party-to release the certificates, at the request of the parties, in terms of the days from registration of the application. In the same conditions, donations and endowments are valid. Cultural institutions recognized moral persons, obstile and agricultural cooperatives, can buy in each commune no more than 2 ha. to be used for cultural or public interest purposes, but only with the authorization of the central house of impropriety. + Article 3 Wineries and donations in the old Kingdom are valid only if they are made by authentic instruments; in Bessarabia, Transylvania and Bukovina, they are valid only if they are made according to the common law, that is, only by transcribed notarial acts or Intabulate in the funduary books Public Notaries, the first Notaries, the judges who have the power to authenticate and the offices of funduary books will not be able to conclude, nor legalize, authenticate or transcribe such acts, except on the basis of a certificate issued by the Central House of impropriety through the county agricultural counsellors, to find out the fulfilment of all the conditions provided for in Articles I and II above. Any alienation made without respecting the above provisions, are null and void. Their nullity is public order, with retroactive effect and as such it can be required by any interested party or the Public Ministry. Judging the processes for canceling the sales made against the provisions of this law is the competence of the court of detour of the property, whatever its value. The court terms will be urgent and in particular. With the nullity of the sale it will also rule, the dispossession of the buyer The decisions given are unopposed, with the right of appeal to the county court, within 30 days of the ruling. The call will be motivated and will be judged urgently. The decision on appeal given in absentia, is subject to opposition within 8 days of the ruling. It is final, but subject to appeal in cassation, within 2 months of the ruling. The dispossession will be made on the basis of the final court decisions by the Central House of impropriety through the county agricultural services. + Article 4 The land up to 25 ha, given on the basis of impropriety laws, belonging to the villagers cultivators of land, can only be mortgage to the central house of impropriety, to the popular Banks or an institution authorized by the State. The house, the garden and the land joined, up to no more than 1 ha, doing body with house, can not mortgage under any circumstances, they are intangible and cannot be tracked or sold. Any task, or mortgage, of any nature, constituted apart from the provisions of this article and to anyone other than the institutions provided above, is void of law, its nullity being of public order. The procedure for the judgment of these nullity will be that provided by art. 3 of the present law. + Article 5 The right of preemption provided by art. 32 of the law for agrarian reform In the Old Kingdom will be exercised as a procedure throughout the country, according to the provisions of art. 81 of the regulation promulgated with the High Royal Decree No. 3.387/922, which acquires power of law. Articles 120-124 of the law for agrarian reform in Oltenia, Muntenia, Moldova and Dobrogea, art. 119-120 of the law for agrarian reform in Transylvania, Banat, Crisana and Maramures, art 92-94 of the law for agrarian reform in Bucovina and art. 64 of the law for agrarian reform in Bessarabia, as well as any other provisions in laws and regulations contrary to the provisions of this law, are also repealed. A regulation of administration will abolish and specify the details of the application of this law, are also repealed. This law was voted by the Assembly of deputies at the meeting of 13 Fevruarie 1925 and was adopted by a majority of one hundred nine votes, against one. President, M. G. ORLEANU, (L.S.A.D.) Secretary, George N. Orleanu This law was voted by the Senate at the meeting of 19 Fevruarie 1925 and was unanimously adopted by eighty-seven votes. President, M. PHEREKYDE ((L.S.S.) Secretary, G. B. Popescu We promulgate this law and order that it be invested with the seal of the State and published in the Official Gazette. Given in Bucharest, on 11 March 1925. FERDINAND (L.S. St.) Agriculture Minister and domains Al. Constantinescu Justice Minister G. G. Marzescu ------------