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Law No. 493 Of 21 February 1928 Regarding Civil Status Acts

Original Language Title:  LEGE nr. 493 din 21 februarie 1928 privind actele stării civile

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LEGE no. 493 493 of 21 February 1928 on civil status documents
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 44 44 of 25 February 1928



By the grace of God and the national will, King of Romania, To all present and future health: The legislative assemblies voted and adopted, and We sanction what follows: Law on Civil Status Acts General provisions + Article 1 The civil status is proved by the documents prepared in the registers kept by the civil status officer + Article 2 The acts of the civil status of the members of the Reigning Family shall be drawn up according to + Article 3 The civil status officer's competence is territorial. The civil status officer will receive birth and death statements and enlarge them in the registers of the civil state; he will receive the marriage statements, proceed with the making of publications and celebrate marriages, enrolling them in the respective registers. He will not be able to act in the acts in which he would appear as a party, declarant or witness. + Article 4 The born, married and dead registers will be held annually, in duplicate, and will be numbered, snugged, paraphed and sealed by the tribunal's president; the books of ballots and the marriages of marriages will be held in a single copy. + Article 5 The records will be made immediately in both copies of the register, on end and in the specific headings intended. The entries in which no registration was made will be filled by lines. Barren, seedlings, abbreviated enrolments, writings over rows or between rubrics are stopped. The moves that would be made before the signing of the act will go into the special column. Subsequent entries will be made in the specific heading intended. + Article 6 Entries in the registers will be made in Romanian and will be read to the appearance, and if they did not know it will be explained in the language they know. + Article 7 The civil status documents will be signed by the civil status officer and the people who appear. The cause that prevented the countenants from signing will be mentioned. + Article 8 The civil status documents that are not registered on the basis of a verbal declaration, will show the act on the basis of which the registration was made. + Article 9 The civil status officer will pass in the documents that draw up only what must be declared. + Article 10 Any mention made on a civil status act, previously entered, will be dated and signed by the civil status officer and will indicate the act on which it was made. + Article 11 Any change in the civil status, based on an act of civil status, on a court decision, or on another act granted by law, will pass on the act of birth of the persons to whom this change refers. Mention of the death of one of the spouses will also be made on the surviving spouse's act of birth + Article 12 The civil status officer, whenever the person is not born in his constituency, will send a certified copy to the civil status officer where the birth is found, to make the mentions provided by the previous article. + Article 13 Any rectification of a civil status act will be mentioned in the rectified act. + Article 14 The clerks of the courts are obliged, within 15 days from the final stay of a decision that brings changes in the civil status or rectify a civil status act, to send a copy to the civil status officer who keeps the registers in which the act of birth of the person to whom the change relates is passed, or where the rectified act is recorded. In case of dissolution of the marriage, the reference will be made to the civil status officer who celebrated the marriage. + Article 15 The civil status officer will send, within 30 days, to the authority that preserves the second copy of the registers, copies of the mentions made posterior on the copy kept to the civil status in order to make the identical mention. + Article 16 The files of the civil status documents will be snugged and sealed by the civil status officer and will be preserved in the office's archive. + Article 17 The registers will end by the civil status officer at the end of each year. On the same date, the civil status officer will make up in double copy alphabetical lists of born, married and dead. One of the copies will be sent to the court's Registry. + Article 18 The civil status act, entered in the registers of another year than that in which the fact took place, will also be passed in the annual alphabetical lists corresponding to the year when it was to be entered. + Article 19 In the communes whose territory is divided among several civil status officers, they will send the central office, at the beginning of each month, the painting encompassing the data from the register of births, marriages and deaths recorded in the month precedence. + Article 20 The public ministry and the judge of the respective court or if there are several judges, of that indicated by the president of the tribunal, will control the registers of the civil status. The same indebtedness also has the pretors in rural communes. + Article 21 One of the copies of the civil status registers will be sent to the tribunal, at the latest by the end of January, and the other copy will be kept in the archive of the city hall. + Article 22 The documents of the civil status passed in the registers are believed until the registration in false, for all the officer of the civil status entrusts that he took place in his presence. + Article 23 The registration or rectification of civil status documents, pursuant to a judicial decision, will also be opposable to third parties; however, they are entitled to prove otherwise. + Article 24 The acts of the civil state concluded by a person who publicly exercises the function of officer of the civil status, but whose quality would later prove tainted, are valid. + Article 25 Civil status records are public. Any person will be able to request extracts from registers or certificates finding the non-registration of the required act. The extract will include word for word the text of the document passed in the register with all the subsequent mentions made, will bear in letters the date of release and will be certified by the civil status officer. The extracts make the same evidence as the books themselves. + Article 26 Extracts can only be released by the civil status officer. But if an act preserved by it is lost or cannot be read, then, until its restoration, the authority to which the second copy is found, will free the extract from its books. + Article 27 Civil status documents shall be drawn up on the basis of the declaration made within those designated by law. The civil status officer will be able to notify those obliged to make statements, to appear in the term before him to fulfill his legal duty and will put them at the same time in view of the sanctions of the law. When interested parties are not obliged to appear in person, they will be able to be represented by special and authentic power of attorney. + Article 28 Immediately after the registration of a birth, marriages or deaths, the civil status officer will hand out without another request, the declarant or the parties a bulletin from that register. + Article 29 The civil status officer has the right to ensure the truth of the stated fact + Article 30 If the birth is declared after the legal term, or death after the funeral, or if these events have not been declared at all, they will not register in the registers except under a court decision. In these cases, the civil status officer or his delegate will conclude a report and submit it to the public ministry, which following the research done will send the works together with his conclusions to the tribunal. + Article 31 If from the date when the act had to be registered and until the preparation of the minutes provided by the previous article has not been more than six months, the court will rule, without citing the parties, by the presidential ordinance. Passed this term, the tribunal will urgently investigate the case in the council chamber, with the summoning of the closest and directly interested relatives of the unenrolled, those required by law to make the statement and the civil status officer, the girl being also Public ministry. Citations will be issued ex officio. The decision will indicate the dates required for registration. + Article 32 Within 15 days of delivery, copy of the device shall be displayed by the care of the Registrar at the door of the civil status office and at the door of the courthouse. In the case of paragraph II of the previous article, through the care of the clerk, the device will be published without payment in the "Communal Gazette" or "County" and in absentia in the Official Gazette + Article 33 Anyone with interest will declare a court appeal. The term of appeal against the presidential order or the decision of the tribunal will be 15 days, counted from the date of the last display or publication. The appeal will be adjudicated urgently in the council chamber, with the summoning of callers, relatives of the nearest and directly interested in the unenrolled, those required by law to make the statement and the civil status officer, the girl being also the Ministry. public. The appeal, in the case of the first paragraph of Article 31, shall be adjudicated by the panel of the tribunal, and in the case of the second paragraph of the same article, + Article 34 The appeal is declared, at the court that decided on appeal, within 5 days of the ruling and is judged by the same procedure as the appeal. The term of appeal suspends enforcement + Article 35 The Registrar of the court before which the registration decision has remained final, will send within 30 days a copy of the decision of the civil status officer where the registration is to be made. + Article 36 The civil status officer who refuses to commit any act entering into his duties, will motivate in writing his refusal and at the request of the party will immediately submit the works of the court, which will urgently decide by order with the right of appeal in days from the pronouncement. The decision remains final, the court Registry will immediately return the works to the civil status officer, joining the copy of the decision. + Article 37 The provisions regarding the acts of civil status are territorial. The act of civil status has the proving power that is recognized by the law under the empire of which it was concluded. + Article 38 The civil status documents related to Romanians, concluded abroad, will also be entered in the country in the registers of civil status; birth ones, at the civil status office of the father's last home and in the absence of the mother; those of marriage, at the office the civil status of the last home of the husband; those of death, at the civil status office of the last home in the country of the deceased. If these domiciles are unknown, or abroad, the registration will be made to the civil status officer of the first sector in the capital. Diplomatic or consular agents, officers of the civil status, will send the civil status offices above shown extracts from the inscribed act. + Article 39 All the deadlines provided for in the present law will be counted on days off. Rectification of civil status documents + Article 40 Rectification or completion of civil status documents, if it does not have as a result the change of civil status, will be required by anyone with interest, as well as by the Public Ministry when the public order is interested. + Article 41 The request for rectification or completion will be addressed to the president of the court of the place where the act is found in the register and will be accompanied by the extract of the act to be corrected. If the request is not made by the public ministry, it will have to be communicated to it. The request for rectification will be investigated in the council chamber, emergency, with the obedience of the party requesting the rectification, of the relatives of the nearest and directly interested, of the civil status officer, the girl being also the public Ministry. Copy of the presiding order will be displayed for 10 days at the courthouse door and at the respective civil status office. The appeal will be declared by anyone with interest in the court within 15 days of the last display and will be judged urgently, in the council chamber, with the call of the parties who have appeared at the first instance. The appeal shall be declared within 5 days of delivery. Reconstitution of the civil status register + Article 42 If one of the specimens of the register has been lost or destroyed in its entirety, or can no longer be used, after the request of the Public Ministry is replaced by a copy of the other copy, certified according to the original by the President Tribunal. + Article 43 If both copies of the register have been lost or have become unmet, they will be reconstituted in their essential elements, according to the request of the public ministry, by a commission made up of two members of the inhabitants of the commune, under the presidency a judge appointed by the Ministry of Justice. One of the impiegations of the courts in the district court, appointed by the president of the tribunal, will be commissioned by the commission secretary. + Article 44 The public ministry will publish in the Official Gazette and in the newspapers that appear in the county, the list of reconscientious registers, with the invitation that any authority or particular will find, hold or receive, with any title, with legalized extract or family delivery, regarding an act to be reconstituted, to submit them within six months from the publication in the Official Gazette or in a month from the date when the act ended up in his hands, either at the town hall or at the Registry of the court or tribunal of the residence its, and abroad at the chancellery of legations or consulates + Article 45 This submission will be made in exchange for a certified copy for compliance, given on free paper, which will serve as proof of receipt and will have the same proving power as the act filed. The above indicated authorities, where extracts or documents have been submitted, are obliged to send them to the commission to reconstruct the registers, by registered letter. + Article 46 The mayors of the communes whose registers are to be reconstituted, will draw up and send the commission the list of persons living in the commune to the age for which the registers are to be reconstituted and which would have been in the situation to determine the conclusion an act of civil status, also showing their current residence. + Article 47 The list will be published by the care of the chairman of the commission in the manner prescribed 44, with the invitation that the persons listed to present themselves, within one year of publication, at the city hall of their residence, and abroad at the chancellery of the legations or consulates, and show the knowledge regarding the state their civilian, or their family members. He who makes the statement will bring any supporting documents and will indicate the registers that could allow control of the said. The declaration will be submitted together with the documents supporting it, by registered letter, to the reconstitution commission. + Article 48 The reconstitution will be based on the legalized extracts of the acts of civil status, on the registers held by the representatives of different cults and on any acts and registers that could contain the substance of the acts of civil status, on the statements of those interested, as well as the testimonies of third parties, both supported on the acts invoked. + Article 49 The commission will rule by collective decisions that will be displayed within 3 days from the ruling at the civil status office. In the case of non-registration in the registers, the interested party or the Public Ministry will address the tribunal that will judge according to the provisions of the second paragraph of art. 31 31 and the following. + Article 50 The entire reconstitution procedure, as well as the one before the common law courts, in the case of the previous article, is exempt from the stamp and is made ex officio. + Article 51 The preparation of the new registers, based on the data gathered by the commission, will be established by a special regulation. + Article 52 The reconstituted acts have the proving power that the law recognizes civil status acts. The corrections will be made according to art. 41. + Article 53 When there will be no registers or will be lost or destroyed in whole or in part, when the registers are not regularly held or the act invoked was omitted, the interested party proving first, by any means, that from these circumstances it is found in the impossibility of producing the copy of the act that invoke, will then be able to establish the facts of civil status by means of common law. + Article 54 In the cases provided by the previous article, the tribunal, after the request of the interested parties or the prosecutor, will find the fact of the civil status and will order the registration in the registers The request will be judged urgently with the citation of the closest and directly interested relatives and the civil status officer, the girl being also the Public Ministry. Provisions of art. 32 and the following will apply in this case as well. + Article 55 The application will be tried by the tribunal in the constituency of which the civil status office is located where the registration was to have been made. About the birth papers + Article 56 The declaration of birth of a child will be made verbally to the civil status officer of the place within 3 days of the woman's relief. His declarant will depict the certificate of verification of the birth of the doctor, midwife or health agent, or will present two witnesses who confirm the accuracy of the declared fact. + Article 57 They are kept to declare the birth of the father, and in case of preventing him the midwife, the doctor, whoever was present, the person in whose home the birth and mother took place, will be possible. + Article 58 The birth act will include: the date of registration, the year, the month, the day and time of birth, the sex of the child, the surname that will be given and the confession to which it belongs; first name, name, age, profession and residence of the parents; is particularly the parents ' home; the mention and verification of birth + Article 59 They will not be able to be used as a surname, the last name as well as the words that would constitute a political manifestation. + Article 60 The registration of the twins will be done for each child separately in the birth order. + Article 61 The children born dead will be declared within 24 hours. On the act of birth will be made the mention "born dead". + Article 62 The name of the father of an illegitimate child will be entered in the birth register only if the declaration was made by his own father or processor with special and authentic power of attorney. The mother's name will always be declared and entered in the registers. + Article 63 He who finds a newborn child is obliged to present him immediately to the local police authorities, with the vestments and effects that would have been found on him and to show the circumstances of time and place in which he was found. The police will conclude the minutes ascertaining the circumstances above shown and make mention of everything that can help establish identity, showing the institution or person to whom the child was entrusted. Within two days the minutes will be sent to the civil status officer, who will give name and surname to the child, enrolling him in the registers, and an extract from the birth act will be sent ex officio, within three days, to the institution or the person whose child was entrusted. If it is later determined that the birth of the child found was previously stated, the second registration will be annulled by ordinance, presidential. + Article 64 When the birth will take place in a hospital, health home, penitentiary, asylum or other similar institutions, directors or administrators will collect in writing the civil status officer, indicating the data necessary for registration. Based on this communication, the registration of the birth act will be entered in the registers. + Article 65 In case of birth during a maritime journey, the act of birth will end in 24 hours from the relief of the woman, on the military vessels of commander, and on the other vessels, of captain, patron or those who perform this function. If the birth takes place during the stop in the port and the landing is impossible, or the port being foreign, there is no diplomatic or consular agent, the act will be concluded under the same conditions, making mention of the above mentioned circumstances. The act will be entered at the end of the crew list + Article 66 In the first port where the vessel stops, if the port is in the country, the investigating officer is obliged to deposit two copies of the act of the port capitania or the authority that replaces it, and if the port is abroad, the filing is made at The Roman consulate in the nearest port. One of the copies of the document filed will remain in the archive of these authorities, and the second one will be sent to register the civil status officer of the last home in the country of the father, or mother when the father is not known; and in absentia their domicile at the civil status office of the first sector of the Capital. + Article 67 If the birth takes place on a river vessel, the aircraft or on the train, the declaration of birth must be made by the persons shown by art. 57 to the civil status officer of the landing site. About the acts of recognition of natural children + Article 68 The act of recognition of the natural child will be mentioned by the civil status officer, in the column of annotations, of the birth act registered in the register. + Article 69 In the case provided by art. 66, the declaration of recognition of a child can be received by the instrumentation officers shown in that article and with the forms there indicated. The submission and transmission of children will be fulfilled according to art. 66, in contrast that the reference will be made to the civil status officer of the place where the birth act of the recognized one is entered. About the marriage papers + Article 70 The marriage declaration will be made by the future spouses in person or by authentic or legalized act, before the civil status officer of the home or residence of one of them. + Article 71 The marriage declaration of the future spouses shall include: name, surname, age, profession, denomination, domicile and residence; nationality, place of birth, quality of unmarried, widowed or divorced; degree of kinship; name, surname, profession and domicile of parents as well as persons called to give consent. If the future spouses have children who through the effect of marriage would become legitimate, the declaration will also include their names and surnames, their place and date of birth, in case a Romanian marries a foreigner and his statement if he preserve the nationality of origin. + Article 72 The civil status officer, receiving the request, will order the publication of the publications in the locality, if the future spouses have lived there for at least three months, and in case the contrary, the publications will be made in the locality where they had the last domicile. If one of the future spouses is incapable, the publication will also be made at the home of those called to give consent. + Article 73 The act of marriage publication will include the date of display, the data mentioned in the declaration and the indication that those entitled, who are aware of the lack of any of the substantive conditions of the marriage, to make opposition within 10 days of the date display. The act of publishing is displayed and will remain displayed at the door of the communal house for 8 days. + Article 74 I can make opposition to marriage: a) the father or mother, the good or the good, the brothers or sisters, if they are major, in the order shown, weathering the non-fulfillment or to which of the substantive conditions of the marriage; b) the protection authorities of the incapacitated, only for reasons of incapacity; c) person linked by marriage to one of the future spouses, but only for this reason; d) the public ministry, in all cases where the public order is interested. + Article 75 The opposition will be made in four copies and presented personally or by empowered to the civil status officer who carried out the publication; it will show the quality of the opponent, the reasons on which it is based, as well as the choice of domicile at the headquarters The judge competes to judge the opposition. + Article 76 After the expiry of the deadlines provided for the making of the oppositions, the civil status officers who made the displays will send, to the civil status officer who ordered them, the record-finding minutes of the display together with the ivite oppositions and all the acts Concerning. + Article 77 The civil status officer who ordered the publications will remove the oppositions made over the term, or without quality. In the other cases the civil status officer, keeping one of the copies, will immediately send a copy to the district court and to each of the future spouses. + Article 78 The Court citing the parties will decide in the Board Chamber, with the right of appeal to the court within 3 days of the ruling. The appeal will be adjudicated in particular within 5 days. The citations will be issued ex officio, exempt from any taxes or stamps. The device of the final decision will be sent without delay by the clerk of the court, the civil status officer who ordered the publication. + Article 79 The civil status officer will conclude a report in the publishing register that will include, in addition to the data mentioned in the statement, the date and place where the publications were made, the finding that the legal deadlines were respected and maintained by the the opposites received, their removal, rejection or withdrawal. + Article 80 The civil status officer to whom the marriage declaration or the competent one was made, according to art. 70, will receive the statements, will proceed with its celebration, after the expiry of the deadline provided for the making of oppositions,-if they are not oppositions, or if those made have been removed, withdrawn or rejected. The marriage shall not be celebrated within one year from the date of the declaration provided by art. 70 the declaration and all other acts remain without effect. + Article 81 For serious reasons, the prosecutor of the court of the place where the future spouses are found may grant dispense of publications or of any term. Abroad these disputes will be granted by the diplomatic or consular agent to celebrate the marriage. Dispensa is valid for 15 days. + Article 82 The novel will be able to marry abroad, either before diplomatic or consular agents, and in this case the form of marriage will be subject to Roman laws; or to the civil status officer of the place, according to the forms provided by the foreign law. + Article 83 Marriages celebrated abroad before diplomatic or consular agents will be preceded by publications made in accordance with art. 72-73 and the display will be made at the door of the legation or consulate. The oppositions will be judged by the judge of the domicile of the husband to whom he is opposed to marriage, and if his domicile is abroad, by Judge 1 Bucharest. + Article 84 Marriages celebrated abroad before the competent authorities of the place will not need any publications other than those provided by the foreign law. The novel, however, will have to meet the substantive conditions of marriage provided for by its national law. + Article 85 Before the civil status officer celebrating the marriage, the future spouses must present the birth papers and will be the case of the dispensers obtained, the death acts of the ascendants, proof of the dissolution of the marriage by death or judgment, or the abolition of the previous marriage, the matrimonial conventions, as well as any acts provided for by special laws. When the documents shown above are registered with the civil status officer who is to celebrate the marriage, they will be joined ex officio to the marriage file. + Article 86 The foreigner who marries in Romania, before the authorities of the country, is subject to the Romanian law in everything regarding the forms of marriage He will present to the civil status officer a certificate released by his or her consulate, containing the provisions of his national law on the substantive conditions of the marriage. This certificate can also be issued by the Romanian Ministry of Foreign Affairs. + Article 87 When one of the future spouses proves the impossibility to procure extracts, he will be able to prove the date and place of his birth or the death of the ascendants, by the affidavit of two witnesses, made at the court or before the officer of the state Civilian. The minutes finding these statements will be signed by witnesses or show the cause for which they have not signed and will bear the mention that he will only serve to marry. + Article 88 The civil status officer, before whom the future spouses want to marry, will refuse the celebration of the marriage if they find that the substantive or form conditions of the marriage are not fulfilled. In this case it will follow according to art. 36. + Article 89 The consent of the persons called to give the authorization to the marriage may be verbal or in writing. In the latter case he will be given in authentic form or by a statement made before the civil status officer who ordered the publication, or of the domicile or residence of the person who authorizes. He will include the name, surname, profession and domicile of the future spouses, of those who give consent, as well as their quality. The given consent can no longer be withdrawn. + Article 90 The marriage will be celebrated in public at the communal house, the girl being the future spouses together and in person and in the presence of two major witnesses. When one of the future spouses is prevented, due to a serious illness, to transport to the communal house, the civil status officer, on the basis of a medical certificate, will also be able to officiate in another house, but leaving the public the freedom to assist. + Article 91 The civil status officer examining and finding that the legal forms are fulfilled, will take witness statements to establish the conditions that are not found by acts, will take the consent of the persons called to authorize the marriage, if he did not been given by written act; then he will ask in turn the future spouses if they want to marry each other and to their affirmative answer, will pronounce in the name of the law their union by marriage. + Article 92 The marriage act will be drafted immediately and will include: place, year, month and day of marriage; first name, name, age, denomination, domicile, profession of newlyweds, as well as place of their birth; surname and name of parents, surname, the names and domicile of witnesses; the statements of the marriages; their consent to marriage, as well as of the persons called to authorize the marriage, as well as the finding that the civil status officer declared in the name of the law their union by marriage. + Article 93 In the register of publications will be made mention of the celebration of marriage. When the marriage is celebrated by another civil status officer than the one who ordered the publications, an extract from the marriage act will be sent within 5 days to the civil status officer where the publication is listed to make the mention. prescribed above. + Article 94 The religious blessing will only be able to take place after the appearance of the finding act of the saviour of marriage. + Article 95 The civil status officer will free at the request of the husband a deliverable, family, in which he will register the marriage In this document will be made at the request of the husband mention of any change in the civil status of the persons who make up his family. About the acts of death + Article 96 The termination of life will be verbally declared to the civil status officer of the place, within 24 hours of death. + Article 97 They are both indebted to declare death, family members, those who were a girl at the end of life and neighbors. Provisions of art. 64 are also applicable in this case. + Article 98 The person who finds a corpse is obliged to immediately notify the police authority of the place, the police authority will conclude the minutes, including as far as possible the indications necessary for the registration and will send it to the civil status officer competencies, within a maximum of 24 hours; when the identity of the corpse cannot be established, the sending of the minutes will also be done in the same term, following that the civil status officer will record the death indicating the signage of the corpse and the most detailed terms provided to it by the authorities. + Article 99 The death certificate concluded by the doctor, or the agent in charge of verification, will present the civil status officer at the declaration of death. If none of these officials were found in the commune, the civil status officer will personally ensure the truth of the declared fact. + Article 100 The act of death shall include-date of registration, date of death (year, month, day and hour), surname, name, age, denomination, profession, place of birth and domicile of the deceased; surname and name of the parents of the deceased, as well as of the husband, with mention whether he lives, died or is divorced; mention of the death check. + Article 101 In case of death during a maritime journey and in the circumstances provided by art. 65, the act will be drawn up in 24 hours by the instrumentation officers designated in that article and by the forms there shown. The submission of children will be made according to 66. The act will be passed in the register of the civil status of the last home of the deceased; and if this home is unknown or abroad, at the civil status office of the first sector of the Capital. + Article 102 If death occurs on an aircraft, a river vessel or on the train, the death statement will be made to the civil status officer of the place where the body will be deposited. + Article 103 Burial or cremation will be possible only with the authorization of the civil status officer and after 36 hours from the end of life. When death, however, was caused by an infectious disease, the authorization will also be able to be given before the expiry of this term, after the provision or opinion of the health service. When there are suspicions about the causes of death, the funeral or cremation authorization will only be possible with the prior consent of the prosecutor's office. About the civil status documents drawn up in case of mobilization + Article 104 The acts of the civil status regarding the military, sailors, and other persons following the army, will be concluded in time of mobilization according to the regulations prescribed above, with the exceptions in the following articles. + Article 105 Military civil status officers, competent to handle in the case provided by the previous article, will be determined by royal decree. + Article 106 Through the intercession of the Ministry of Rasboi, each mobilized formation will have registers for the passage of acts of birth, marriage and death. The register will be kept in a single copy and will be numbered, snugged, sealed and initialled by the commander or head of the unit or the party mobilized by the civil status officer. + Article 107 Apart from the mentions prescribed by art. 58, 92 and 100, the civil status documents regarding the military will also make mention of the contingent, the number of the matrix and the unit of which belongs the father of the new born in the birth acts, of the husband to the acts of marriage, of the deceased to the acts of death. + Article 108 The declaration of birth will be made in ten days from the woman's relief. + Article 109 In case of marriage, the civil status officer of the unit to whom the future spouse belongs is competent to receive the declaration that will be brought to the attention by order of day of the unit under which the civil status officer operates. Marriage can only be celebrated after 25 days of passing in the order of the day. Dispensation provided by art. 81 will be given by the commander of the unit immediately superior to the one besides which the civil status officer + Article 110 In case of death happened in a hospital, ambulance or other military health formation, the administrator or head of the party will conclude the minutes finding death; and in case of death during the fight, or before it was handed over to a Health formations, the nearest commander of the unit, finding death, will conclude the minutes. In both cases, the minutes will include all the mentions required to register. On the basis of the above mentioned minutes, the military civil status officer will make the move into the register. + Article 111 From five to five days, the military civil status officer will mail a copy of all recorded documents: a) those from parties other than sanitary parties, the sedentary party; b) those from the sanitary formations, the sedentary part of the body to which the father of the new born, the husband or the deceased belongs In case the body of the band belongs to the person, the sending is made to the Ministry of Rasboi, accompanied by all the indications that could lead to the establishment of the unit to which it belongs. The Ministry establishing the unit will send the copy of the sed Mention of this reference will be made on each act. + Article 112 Within 3 days from the reception of the children, the sedentary part will complete the data left blank in the act, being served by the matrix sheet and will send extracts to the civil status officer of the place of the father's home, and if this place is unknown, of the mother for the acts of birth, of the husband's home for the marriage documents, of the last home of the deceased for the acts of death. When the home is abroad, the sending will be made to the civil status office of the first sector of the Capital. The civil status officer receiving the extracts, will record the act in his books. + Article 113 Civil status officers provided by art. 105 are competent to also deal in the acts where non-military persons would be interested, but only if the functioning of the communal authorities could no longer be ensured, as a result of the circumstances coming from the state of rasboi. In this case, the passage of the attributions of the civil status on the officers of the military civil status and the termination of these attributions will be made by ministerial decision of the Ministry of Justice, after the intervention of the Ministry of Interior, taking Ministry of Rasboi's opinion The sedentary part, as soon as the communal authorities have resumed their functions, will send extracts from the civil status documents to the civil status officer that the military has replaced, to comply with the last paragraph of the previous article. + Article 114 The date of termination of the duties of officers of the military civil status, will be fixed by ministerial decision; if such a decision has not intervened, their attributions cease by right, on the day of the passage of the army on the foot of peace. On the day of termination of the duties, the registers will be concluded and after verification that extracts have been sent according to the provisions of art. 111 will be submitted to the Ministry of Reward for safekeeping + Article 115 Deviations from the provisions of art. 3, para. III, 4-19 inclusive, 21, 25, 26, 28, 30, 32, 35, 36, 45, 56, 58, 60, 62, 63, para. III, 64, 77, 91, 92, 93, 95, 106, of the officials there provided, will be followed before the court and punished with civil fine from 1,000 to 3,000 lei. + Article 116 The civil status officer who will free the certificate from making the publications before rejecting the opposites made, or will celebrate without proof of making publications or rejecting opposites or without the consent of those called by law for the authorization of the marriage, or having knowledge of any stumbling to the marriage or the lack of any condition for its validity, shall be punished after the request of the public ministry or persons concerned with the correctional imprisonment of 6 months at 2 years and with criminal fine from 2000 to 5000 lei. + Article 117 Any person, obliged to make the statements prescribed by art. 47, 57, 63, 64, 97 and 98, which will be omitted or made over the term, will be punished with criminal fine from 500 to 1,500 lei. + Article 118 When the statements regarding the acts of the civil state are made knowingly that they do not correspond to the truth, when the fact does not fall under a harder charge, it will be punished with a criminal fine of 1,000 to 3,000 lei. + Article 119 Any particular person who with science has retained an extract against those shown by art. 44 will be punished with criminal fine from 1,000 to 5,000 lei. + Article 120 Anyone who hides, conceals, evades or destroys any act of civil status shown in art. 44, in order to change or suppress the civil status of a person, will be punished with correctional imprisonment from 1 year to 3 years and with criminal fine from 5,000 to 10,000 lei. If the hidden act, concealed, stolen or destroyed, without altering or suppressing the civil status, has as a result to change the order of devolution of a succession, the punishment will be imprisonment from 2 months to one year and the criminal fine from 1,000 to 5,000 lei. With the same penalties and according to the same norms, those who in order to modify or suppress the civil status of a person will be punished, except if the criminal law does not provide for a higher punishment. + Article 121 When following a criminal decision, except the one handed down in matters of forgery, it will be necessary to make a rectification, or an enrolment in the registers of the civil state, the prosecutor of the tribunal will proceed according to the provisions of par. II of art. 31 31 and the following art. 41, 58 and the following, before the civil courts. + Article 122 The priest or any other person entitled to the enjoyment of the religious ceremony, who will proceed to the celebration of the religious act without having presented the bulletin or the extract from the civil status office, will be punished with a fine of 1,000 to 5,000 lei. + Article 123 The persons to whom the present law has left in keeping the registers of the previously concluded civil status documents, will be punished, if they refuse to issue extracts after these registers, or make the mentions provided by art. 11, with correctional imprisonment from 2 months to one year and with criminal fine from 5,000 to 10,000 lei. Transitional provisions + Article 124 It is repealed art. 21-86 inclusive, art. 151-161 inclusive, regarding the marital status, publication, celebration and opposition to marriage, from the civil code in force in the Old Kingdom, as well as any provisions to the contrary. By derogation from art. 14 of this law, art. 246 and 276 of the civil code of the Old Kingdom continue to apply to the decisions pronouncing the dissolution of the marriage; the transcription, however provided for by this article, is replaced by mention on the marriage act. In Bessarabia, the transcript of the decisions of dissolution of marriage will be made for marriages concluded before the entry into force of this law, in accordance with the provisions of the law of 12 Noemvrie 1919, and for those concluded posterior, under art. 246 and 276 of the civil code applicable in the Old Kingdom and para. Precedent. + Article 125 The provisions of the XXXIII laws of 1894 outside art. 41 and XXXVI of 1904, regarding the acts of civil status; art. 28-37 inclusive, 39, 40, 121-125 including the XXXI law of 1894, on marriages, in force in Transylvania, Banat, Crisana and Maramures, as well as any laws, ordinances and provisions contrary to the present law. + Article 126 The provisions of art. 69-82 inclusive, art. 86, 87, 88, 126-131 inclusive of the Austrian general civil code, the law of 25 May 1868 F. L. I. No. 47, regarding the marriage of Catholics; the law of 9 April 1870, F. L. I. No. 51, relating to the acts of the civil status of persons who do not belong to a cult or churches recognized by law, ordinance of May 29, 1876, F. L. I. No. 77, of the Ministry of Interior, Religious Affairs and Justice, relating to the marriage of Jews, as well as any other patents, ordinances or dispositions in force in Bucovina, contrary to the present law, on the acts of civil status, publication and celebration of marriages. + Article 127 It is also repealed art. 25-31 inclusive, 33-36 inclusive, 61, 65, 66, 67, 72, 72 ^ 1, 73, 74, 74 ^ 1, 76, 78-83 inclusive, 85, 87, 87 ^ 1, 90, 92, 93, 94, 97 and 98 of the civil, Russian code (collection of Russian laws, vol. XI, Part I); the provisions regarding birth and death contained in the status of the Orthodox spiritual consistory, those contained in the assembly of Christian and non-Christian confessional statutes relative to these acts, as well as art. 1469 ^ 49-1460 ^ 61 including from the Russian civil procedure, which regulates the civil status of the persons provided for in the ucazul of 17 April 1905; art. 24 a, 38-58 including from the high ucaz of 17 Octomvrie 1906 (collection of laws art. 1728 1728); art. 24 24 a, 35, 37-51 including from Part II of the same shall also kill any other provisions in force in Bessarabia, contrary to the present law. + Article 128 The provisions contained in art. 22 of the law of March 9, 1880 and art. 78, para. last of the law for the organization of Dobrogea of April 1, 1914 + Article 129 The marriage publications made according to the previous laws will be restored if it has been 3 months from the last day of the publication. + Article 130 The officers of the confessional civil status, who under the present law have lost this quality, are authorized and obliged as in the forms used and according to the laws then in force to release extracts from the confessional registers. The lay civil state officers, who had the fall to handle or preserve the civil status acts according to previous laws at the termination of the duties will conclude the civil status registers and entrust them with the entire archive the communal authority of residence. + Article 131 The registers held before the implementation of this law, as well as the extracts issued from these registers, will also bear for the future their evidentiary value. + Article 132 Provisions of art. 60 of the criminal code of the Old Kingdom extend throughout the country regarding the crimes provided for in the present law. + Article 133 A public administration regulation will unravel the provisions of the law, drawing up forms for all registers and acts of civil status, for extracts, etc., as well as for any other matter in relation to the proper application of the law. + Article 134 The present law will enter into force on 1 January 1929. This law was voted by the Assembly of deputies at the meeting of 8 Fevruarie in 1928 and was adopted by a majority of one hundred seven votes, against one. Vice-president, Stefan C. Ioan ((L. A. S. D.) Secretary, Misu Marinescu This law was voted on by the Senate at the meeting of 16 Fevruarie in 1928 and was adopted unanimously by ninety-eight votes. Vice-president, D. Artareanu ((L. S. S.) Secretary, Al. Algium 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, at 21 Fevruarie 1928. In the name of His Majesty King Michael I: MIRON, Patriarch of Romania. GHEORGHE BUZDUGAN ((L. S. St.) Justice Minister, Stelian Popescu ----------------