Law No. 97 of 10 July 1929 for the modification of the law of 19 May 1925, for the unification of certain dispoziţiuni of civil and commercial procedure, in order to facilitate and accelerate judecaţilor, before tribunals and the courts of appeal, and judges ' competence for ISSUING the unification of PARLIAMENT Published in MONITORUL OFICIAL nr. 150 of 11 July 1929 the sole article of the law of 19 may Dispoziţiunile 1925, for the unification of certain dispoziţiuni of civil and commercial procedure for facilitating and accelerating the judecaţilor, shall be replaced by the following: "Chapter 1 table of contents request for calling in Art. 1.-the application for judgment summons shall contain: (a) the name, pronouns), his domicile or residence of both the complainant and the defendant of;
b legal) quality of listed parties in the process, when not included in their own name;
c) application and the value of, the complainant's estimation, when assessment is likely. For immovable property it will look like Street and number, and in the absence, in the vicinity and County in which the property is situated, or indicatiunea's, after land registries, with numbers and possibly topographical sketch of plane, where there are such records;
d) giving reasons of fact and law which is based upon request;
c) Indicatiunea, which is supported on each end. When the sample consists in acts will join to request as many copies of the original applicant, how many parties are, in addition, one copy of each act, to court. It will be able to submit an act of only part of the process, remaining as his court order, in case of necessity, the appearance of the document in its entirety. If the acts are written in a foreign language or old letters, will be submitted translated or written with Latin letters, certified, part. When the complainant's choice to prove the action or any of the heads of its request, by the defendant, the interrogator will ask for this purpose appearance in person.
Art. 2. the application shall be made in as many copies as many defendants are, more than one copy for the Court, signed by the applicant or trustee. In the latter case it will deposit a copy in your file. When the request is done through a legal representative shall submit a certified copy of the proof of the quality of the legal representative.
As regards legal persons, this requirement will be satisfied by the official monitor, which is published in the empowerment of their representatives. If several defendants have one joint representative or procurator, or whether the show has several legal qualities, it will communicate to a single copy of your action and your acts, according to art. 6. Art. 3.-in the case when the Court declared this in part on an attorney as an agent of his, this statement will be entered in the minutes of the meeting and will hold the place of purchase for the rest of the process. Date of certification made by an attorney in accordance with art. 36 of the law on organization and unify the body of lawyers on any kind of power of Attorney for legal representation, are given a foul.
Advocatul was on one side, either on the basis of a power of Attorney, whether by virtue of an oral declaration, mentioned in paragraph 1. 1 of this article, you will be able to perform any procedural act, and to pursue any appeal on behalf of that party. The same as advocatul which has witnessed on a part in the judgment Fund process, but in this case all procedural acts will perform only against the side of insas.
CHAPTER II Meeting Art. 4.-once the President receives a request for the judgment and find paying stamp duty and proportional tax required by law, will set a period of notice as provided below and will cite the parties before the Tribunal, sitting in public.
At the same time will have been ordered to notify the defendant with the summons, a copy to your action, together with your children, with the invitation to submit written on record a greeting, which will take place in so many copies and with so many rows of children addicted, how many acts are plaintiffs, more than one copy signed by the respondent or its agent and a row of children addicted to court documents.
The President will invite the meeting to submit show at least 10 days before the deadline fixed for the judgment, except for urgent business, when this time limit may be reduced down to three days. The term will be fixed so that the date of receipt of the summons, which from the show to have at least 30 days for filing the greeting or, in urgent cases, at least five days. If the show lives abroad, the President will fix a longer period than usual, after cases.
Art. 5.-once the fixing of the date of judgment, the President will be able to set the time for the judging process.
Art. 6.-If several applicants have a single representative or procurator, or appearing in more legal qualities, it will submit the file for her one and only one row of your children.
Art. 7.-the defendant will include: Greeting the procedural exceptions) All what precludes the plaintiff's action;
b Answer at all) or points of fact and law of the action;
c) all means and who defend the evidence against each end from the applicant's request.
Art. 8.-When are multiple defendants, they can respond or separately through a greeting, or collectively with all or part of them, through a greeting. Responding to one or some of the defendants and other advantage as far as the common interest.
Art. 9.-counterclaim, call in warranty, or any other application which has the purpose of introducing an Amita in the process, must meet the requirements of art. 1 and 2. They will be submitted to the file with the meeting.
CHAPTER III Forms and desbateri Art. 10-The first day of appearance, the complainant will be able to ask for completing or modifying the application of the judgment, to make written welcome to the counterclaim of the defendant, as well as to propose noui evidence its action or counterclaim. The action that does not include the applicant's name and pronouns and the defendant, and the purpose they serve, will be declared null and void, without being able to give a term towards completion.
Art. 11.-Show can ask in this first meeting of a term for the formulation and submission of an application to achieve reconventionale, the application of the warranty or the introduction of a trial as well as Ayo and submitting noui the evidence on the applicant's action or to such claims.
Art. 12.-counterclaim, calling the warranty and the introduction of a process in which Amita shall not be made within the time limit indicated in article 1. 9 and 11, will judge separately, unless both parties agree to be judge.
Art. 13.-the Court will grant the complainant or respondent requested a postponement, setting a time limit after the rules referred to in article 1. 4, so that parties should be able to carry out the formalities provided for in that article. At the same time, the Tribunal will convict on the deed which was delaying its product, pay compensation to the other party in accordance with art. 49. Art. 14.-procedural Exceptions who will not have been proposed by, or welcome to the period allowed under article. precedents, will no longer be able to be lifted during the process, out of the public order. Who will not be evidence was required in the rigid conditions of art. 10 and 11, will not be able to be relied upon in the course of the Court, except in cases When: (a) the required sample) is sworn in;
b) when the need would be based on the sample from desbateri and could not foresee;
c) when administering the test sample does not cause the postponement of the trial. In the case provided for in paragraph b, the opposite side has the right to counter, only upon that point and with the condition to a invoace in the same sitting.
Art. 15.-When the Court upheld a party acts in accordance with art. 14, the party is obliged to submit to file, within the time limit fixed, copy your acts invoked, certified it for compliance.
Art. 16.-the party who submitted the file a document written in the certified copy, is obligated to take it upon himself to meeting the original Act or depose before the graft. If the opposing side can make the copy with the original confrontation presented in meeting, judges will be able to grant a short term for this purpose, forcing the man who produced the Act to submit him in the keeping of the registry.
Art. 17.-When checking the accuracy of the translation into Romanian language or transcription with Latin letters made by hand, in accordance with art. 1, the justices may have been ordered by describing the translation or transcription by a sworn translator, after dispoziţiunile regulation of 18 Octomvrie, 1925.
Art. 18.-When she admitted a local research, expertise or with witnesses, the propunatoare is obliged within 5 days to submit the list of admissions from the presence of witnesses, showing their name and address and to file subpoenas, as tax and the amount fixed by the Court, for research expenses, transport, or compensation or fees of the expert witnesses. When the parties were permitted according to the provisions of article samples. 14, subparagraph (b) above, the term may be extended for up to 10 judges days. Failure to submit a list of witnesses within attracts part-proposed revocation of returning serve this evidence during court.
In case of failure to comply with other duties referred to above, the Court will grant a single term, describing the reasons invoked to justify such a request and the party who obtained the postponement will be required and to compensation, in accordance with art. 49.
When the sample required is expertise, the opposite side will be able to ask the counter-expertise not later than the first term after the submission of the report.
Art. 19.-Wizard named is obliged, under the penalty prescribed by law, to submit the report at least 10 days before the deadline fixed for judgement. In an urgent matter, the term may be reduced by the Court. He will be obliged to appear to give explicaţiuni whenever requested by the tribunal, but the right to claim damages for this appearance. The Court will rule on that request Wizard through a closing final and enforceable in accordance with art. 49. Half of the fee fixed by the expert i will release it after rendering sworn, and half after filing of the expertise report.
Art. 20.-, against whom he pronounced forfeiture of the right to administer a sample, you will be able to defend themselves, discussing in fact and in law and the merits of the opposing party's contention that sample.
Art. 21.-When her opponent side proves that holding an evidence act regarding the trial, the Court, may require the appearance of the document. The request for appearance may not be rejected if the Act is common to the parties in the lawsuit, if the opponent was himself referred to the trial at this act, or if he is compelled by the law to produce or to portray the Act.
Art. 22.-the Court may reject the application of the Act in its entirety or in part, in cases When: (a) the content of the Act) refers to strictly personal matters;
b) when the Act would violate the duty of the appearance of secrecy;
c) when appearance would attract criminal proceedings against a party or a Amita, or would expose suspects under preliminary research;
d) when the evidence as reasons as grounds justifying refusal to depicting the Act.
Art. 23.-If the party refuses to respond to the interrogator or the provision of oath what i would bring in proof of possession or existence of the Act; If it is clear from the evidence that he hid the Act administered or destroyed, or if after you will be holding the instrument in accordance with art. 21, does not comply with the disposition made by the Court to act, depicting that the Court will be considered as proven statements made by the party who requested the appearance of the content of that act.
Art. 24.-If the Act is found in keeping a public authority, the Court will take action after request or ex officio, for bringing the Act may rule against the head of the authority, in the event of unjustified refusal, periodic penalty payments.
Art. 25.-Appearance and bringing the Act shall be made at the expense of the party who asked for this sample. In this case the Court shall fix the amount of the payment through the service be terminated and shall be enforceable in accordance with article. 49. Art. 26. the courts are entitled to put questions to the parties in the form of the interrogator to explain the points of the process was uncertain about. Will be able ex officio to the parties any questions in desbaterea who lead to the settlement of orders, process, and the edges of the legal provisions for evidence, who can enlighten all measures.
Art. 27.-the Court will, at its sole discretion, may appoint a judge to manage the samples.
Art. 28.-If any one of the parties fails to appear in the judgment process, he is suspended.
Art. 29.-If at any time-limit fixed for the judgment, it presents only one of the parties, the Tribunal will consider after all work files and will listen to oral conclusions of the present party, will rule and may admit exceptions, samples or even of the relative party absent, if you will find compelling.
CHAPTER IV Participation to third parties at trial. 30.-warranty Call, indicating the author and intervention will have to comply with the requirements referred to in article 1. 1 and 2 under the sanction provided for in art. 10, last paragraph. Call in warranty and an indication of the author must be brought as generally provided for in art. 9 and 12 of this law. The main intervention cannot be made than during the first instances. The intervention of the accessory can be done throughout the trial, intervenientul must take the process in the State at the time of the intervention.
Discutiunea eligibility principle of these requests will be made in the meeting in which they were introduced and in case of admission will be fulfilled dispoziţiunile art. 4. Art. 31.-If he admitted that the claim of the guarantee to be suing with the main action, the application will be communicated to chematului under warranty and it will meet after the rules laid down by article. 4. Chapter V About call Art. 32.-the term of appeal in matters civil and commercial, contentious is 15 days, even if by law or special dispoziţiuni it provides another term. It flows from the presence of the date of communication of the decision subject to appeal, unless by special law or dispoziţiuni that will calculate the judgement pronouncing dela. Immediately after the expiry of the Appeal Tribunal, the registry will require, of course, first Registrar of the Court of appeal to be notified if it was registered with the Court any appeal within the period prescribed by law.
The graft Court will immediately communicate this response. The official from whose negligence have not fulfilled these formalities, you will suffer the condemnation referred to in art. 57 of this law. Finding the sentence remained final through neapelare will be made on the basis of the above certification on the basis of the certificate presented by the party.
Art. 33.-the application of appeal shall contain: (a) the name, pronouns), his domicile or residence of both the caller and of intimatului;
b) Showing the decision calling;
c actually) the reasons and the law which is based upon the call;
d) and samples which invoke in support of the appeal.
When the sample consists in not shown at the first instance court, the caller shall comply with the provisions of art. 1. Art. 34.-the application for appeal shall be carried out in as many copies as many intimaţi am more a copy signed by the caller for the yard. The appeal shall be lodged under the making of proof, or the registry of the Court that pronounced the sentence, or directly to the Court of appeal. When it is applied to the tribunal, the Chairman will send forthwith, together with the file of the case, the President of the Court of appeal.
Art. 35.-the President of the Court of appeal, as soon as it receives the call, will be fixed according to the period of notice dispoziţiunilor art. 4 and will require the attendance of the parties before the Court. At the same time it has to communicate with the intimatului summons, a copy of the application, together with copies of your paperwork attached to the call and who will not have been presented to the tribunal, with a written invitation to submit the file to meet the rules. 4. If several intimaţi have one joint representative or procurator, shall communicate its single copy your call and your acts.
Art. 36.-When aceleeas ' against decisions brought more calls, broken down by the different sections on the basis of evidence produced by those interested, prezidentul section later seized on the handoff has previously notified section.
Art. 37.-did not meet the caller that the requirements of art. 33 will be able to supplement or amend the call or no later than the first day of appearance. In this case intimatul will be right to communication and to be given a time limit, within which to submit to file its written greeting to invoke the exceptions, and its defence evidence. The Court in this case will be applied towards the caller dispoziţiunile art. 49, unless the caller was compelled to justify do call before the communication of the sentence.
Art. 38.-the parties will not be able to serve before the Court of appeal for other reasons, means or evidence other than those put forward at first instance court or as indicated in the call and welcome, except in the case provided for in article 4. 14. Art. 39.-the provisions of articles. 5-8 and art. 15-29 is applied properly and in the Court of appeal.
Joining the call Art. 40.-Intimatul has the right, even after expiry of the period in which to declare the appeal, join the call made by the main part of the fence through which a call to reform the court sentence entry. Joining the call will be made by the first or welcome appearance before Court with the appeal forms prescribed for the above articles.
Art. 41.-If the caller principal withdraws the call as the first day of appearance or if you call or is dismissed as tardy, or unacceptable, joining the call is rejected. This provision shall not apply if membership was made outside the time limit for appeal.
The suspension of the execution of provisional article 1. 42.-demand for temporary suspension of execution ordered by the first court, will be able to do either with the call or separately throughout the Court of appeal. The application will be able to submit, either in court or at the backyard and will join in the certified copy of the judgement, the device. Request for suspension shall be judge of the Court who will ask for an emergency tribunal dossier. The suspension will be granted on a provisional basis through Presidential Ordinance under art. 66 bis from civil proceedings, even before the arrival of the dossier.
Art. 43.-the part that asked and obtained a provisional execution before the first instance, will be able to ask in complying with the dispoziţiunilor call above.
CHAPTER VI common provisions Art. 44. the Tribunal data-in the first sentence that the Court and the decisions of the Court shall rule without opposition.
Art. 45. at the beginning of the Roll-Call shall suppress hearing for appeal courts and tribunals. The parties may ask the Court to postpone the start of the hearing, who are not processes able to be judged and when those applications do not give place to discutiuni. This deferral can be made and a single judge.
Art. 46.-This party in court, in person or through a representative, covers any procedure in respect of Mohd ARIFF to knowing the term of notice, if the time limit was respected law citation.
Art. 47.-change of domicile of one of the parties during the process should be notified to the Court by petition to the opposing party, and file through ' registered letter, whose receipt of instruction at post shall submit the file.
Art. 48.-the party was present to look in person or through the procurator, invested with the right to know the term, will no longer be quoted throughout the Court, being alleged that knows deadlines even if subsequent absence. This rule does not apply to: (a)) in case of re-opening after being suspended or postponed without time limit;
b) in the case of fixing a time limit for the call to the interrogator or duly sworn.
Art. 49.-which, in any way, has brought about the postponement of the trial will be ordered, at the request of the opposing party, to pay compensation in relation to the harm caused by procrastination. The Court ruled, after listening to the parties, through a definitive and enforceable dismissal which bring to fruition according to these rules of procedure regarding the forced pursuit. This compensation will not be returned in any case even if the party has obtained a lose. If the conclusion was not enforced during the interested party will be able to require that the compensation to be dress in account in the calculation of the condamnatiunilor decision.
Art. 50. Judges may not reduce-costs of stamp, taxes, onorar, expert witness allowance and any other expenses which the party has gain cause you will prove that you have made. Also cannot reduce the fees referred to in advocatilor below the minimum fees drawn up arrays of advocatilor Union, approved by the Ministry of Justice and published in the Official Gazette. The Court will be able to appreciate it, however, if it is appropriate for the services rendered to a higher fee.
Art. 51. all time limits laid down in the law on the face of it consider days off, i.e. There is no day of reckoning when he started neither the day ends.
Art. 52.-legal Percentages will be calculated after discounting the National Bank increased 4% in civil and commercial matters 6%.
Art. 53.-against the witness or expert, missing the first citation, the Court shall issue, at the request of the party concerned, mandate of remembrance. V. expert who received his assignment, but he filed the report in time, causing a delay, the Court will be able to pronounce sentencing on payment of the indemnity provided for in art. 49. The condemnation will be made in accordance with the procedure laid down in article 23. 56. If after the issuance of the three seats to bring the witness fails to appear, the Court asserting the circumstances will depend on the proceeds of judgment.
Art. 54. the Call-Forwarding operation, greeting, subpoenas and all acts of procedure, as well as communication of decisions will be made on its own initiative without paying any special charges. The various fees prescribed by the rules of public administration for the portareilor service and tax laws of procedure and enforcement of 20 Decemvrie 1925, as amended on 25 July and 15 August 1926, for awarding Decemvrie subpoenas, call to action, appeal, and any other acts subject to communication shall be dissolved on the day of application of this law, with distincţiunile below. On the same date the tax increases in proportion of 0.60% provided for in art. 5. ● 1 of Act to 0,80% stamp duty to. The actions of the who do not charge tax in proportion will be charged an amount representing the tax law so many times stamp duty. 5. Stamp Act ● 2 How many parts are in the process. When several interested parties have a common representative or agent will be counted as one. Developing processes for the interested party will be able to benefit from dispoziţiunea this article upon payment of fees pursuant to paragraph 1. 3 and 4. Laws, who shall be given stamp duties remain subject to the law of stamp duty.
Payment of these fees will be made by cancelling sheet timbrate or through the application of mobile's demand for stamps of referral to the Court, or on the welcome on the minutes of the meeting, or other procedural acts. About the stamps is bound to side filed make mention on his application, and the Registrar in the minutes.
Stamps can be applied in the amount totaled and will be cancelled on the very acts which were applied. Dispoziţiunile this article applies equally and competinţa processes of judges of detour.
Art. 55.-distribution of communication ordered ex officio, in accordance with dispoziţiunilor art. precedent will be made in rural and urban municipalities by County neresedinta by administrative organs according to their competintei and with guard built forms through codes of procedure and the various special laws. The parties will have the faculty to resort and the body of portarei, in this case, the fees in force without counting the costs.
Art. 56. Portăreii-and all the officials in charge of judicial and administrative regulations for carrying out the procedural documents, from whose fault was granted a postponement of the trial will be condemned by the Court by means of a discharge to pay fines enforceable dela 500-2,000 lei and the compensation of the injured party.
Thus condemned is entitled to submit to the Court within 10 days of receiving the încunoştiinţării conviction, which from a reasoned request for exemption or reduction of the fine or compensation. He will be quoted with the injured side emergency dimpreuna to whom he awarded compensation in the Council and the court room after listening to the explanations given will pronounce the final decision, but subject to the appeal within five days after Dale's pronouncement. The appeal is not suspensive. Attendance will be made by the registry pursuant to article 5. 67-69 of regulation portareilor and service is exempt from stamp duty and other.
The fine will run through the financial administration, and compensation paid to the injured party in accordance with article is intended. 50. Art. 57. Requests the Court-introductory calls and any other procedure acts, for which there is not enough timbrate will be given course of error are valid if the first term of notice part will justify paying stamp duty. The side will be able to ask a single time limit for the payment of these fees, but in this case it will be required and a fine equal to indoitul. Failure to pay the fee and the fine provided for above shall entail the nullity of the acts.
The acts presented by the parties as a means of timbrate and insufficient sample may not suspend the course of worldwide judgment. The Court before which the product will notify financial administration by sending a copy of your act and netimbrat.
No decision will be given only after paying fees and fines possible. It exempts the case when both sides declared that no longer serve. In all cases the fixed stamp taxes and proportion, and any other fees and fines before they can pay deposit sheets worldwide judgment timbrate who will be cancelled by the Court.
If the above fees are paid by the other party than that required by law, the Court will decide what decision will compel the latter to benefit to that dintaiu to payment of amounts due from the moment with percent legal fee until the actual refund of these amounts.
Art. 58.-Delaying processes by common agreement of the parties can be done in the very top next: a) the first postponement of mutual agreement can be done without any payment of fees;
the other two b) subsequent delays in agreement will not be accepted until after the payment of a fee of 100 lei to the courthouse, 200 lei at the Court of appeal and of 300 lei at the Court of Cassation;
c) After three delays in agreement will double for each new deferment fees paid at the previous adjournment. Fees paid according to dispoziţiunilor above will not count in the costs. Art dispoziţiunile is repealed. 6, paragraph 9, of the Act concerning deferred examining stamps jointly before the Tribunal and the courts.
Art. 59.-in cases where the judgment unto suspended due to observe the terms of the parties, it will not be reopened until after the payment of the fees provided for in paragraph (b) under the preceding article. In case of cancellation apply dispoziţiunile noui paragraph lit. (c) of the preceding article. Dispoziţiunile art. 6, paragraph 8 of the law on stamp duty in respect of duties for the reopening, is repealed.
CHAPTER VII final provisions Art. 60.-law of procedure before the common law forms in civil and commercial matters whatever the nature of the contentious before the courts as the first instance court, and before the courts of appeal.
All provisions to the contrary in force throughout the territory of the country shall be repealed. Remain in force, however, special provisions procedure laid down by law for certain subjects. These laws are supplemented by the dispoziţiunile contained in chapter VI of the law of the face as well as with any other dispoziţiuni of them who are not special laws to the contrary.
Art. 61. All acts of procedure încuviinţate and carried out before the implementation of this law will produce their effect. Those neindeplinite still to this date before any court and in any case, will be fulfilled after the provisions of this Act.
Nulităţile and sliding into the law of 19 May 1925, which are not maintained by the presence of the law, no longer produce their effect at the time of the application of this Act, unless the Court has pronounced the nullity or forfeiture. What processes will be found in the course of the proceedings at the time of promulgation of the law, the parties will be able to modify the actions, intampinarile or their calls under art. 10, 11 and 37 of this law until the first fixed period after the implementation of this law. Shall be exempt if the parties had been declared fallen from that right.
Art. 62. Article 40 of the law remains advocatilor repealed.
Art. 63.-Decisions handed down prior to the implementation of the present law shall remain subject to the rights of appeal and time limits provided for by the law under which they were handed down. Decisions handed down after the implementation of the present law shall remain subject to the rights of appeal and time limits laid down in this law.
Art. 64. in Appeals against sentences-final data in competinţa courts courts of appeal of: Brasov, Cluj, Targu-Mures, Timisoara and Oradea through laws of procedure in force in those constituencies will continue to be judged by those Courts until the unification of the laws of procedure regarding competinţa and remedies. These appeals will be investigated and prosecuted in everything after the rules of procedure provided for in the law of the Court of Cassation, the appeals processes whose value cannot exceed 10,000 lei.
Art. 65.-Art. 27, 31, 34, 39 and 49 of the law of 4 August 1921 concerning competinţa in Vienna courts courts of appeal in Craiova, Bucharest, Galaţi, Iaşi and the constant change in the sense that competinţa these courts rises up to 5,000 lei value including the first and last capital court, without percentages reported to 50,000 lei value including the first court without equity, per cent reported, shortening it from distincţiunile the other texts regarding the fixing of the competintei Court detour as the first or last instance.
Article 30 of the law courts of the same circumscriptiuni change in the sense that in lawsuits, or common law, or law enforcement, owners for the cancellation or termination of contracts of hire or lease of movable, and those for the tenant or lessees ' isgonirea, competinţa their rises in first and last instance court until the value of dwelling $ 4,000 including annual seizure shall be stated, in the first court of appeals to the tribunal when the annual contract, the seizure shall be stated, does not compete with the amount of 50,000 lei.
In the actions it claims any amount unto cash, either by way of rent, either by way of damages deriving from leases, competinţa Court is a regular value of demand, and not to the contract. Competinţa courts in matters of guardianship rises up to the amount of one hundred thousand lei. Other dispoziţiuni of the above mentioned texts remain unchanged.
Art. 66.-Art. 1 of the law of 8 July 1924 the establishment in Vienna of the courts competintei Court of appeal of Chisinau is amended in the sense that competinţa these courts rises up to the amount of five thousand lei in the first and last capital court, without percentages reported to the amount of fifty thousand lei in the first court, without percentages reported.
Regarding the lawsuits, or common law, or law enforcement, owners for the cancellation or termination of the rental contract or lease movable or immovable, as well as those for the tenant or lessees ' isgonirea, competinţa courts of the detour will be fixed in the first and last instance court until the amount of 4,000 lei annually for housing, seizure shall be stated, in the first court of appeals to the tribunal when the annual contract seizure shall be stated, not race the amount of 50,000 lei.
In the actions it claims any amount unto cash, either by way of rent, either by way of damages deriving from leases competinţa Court is a regular value of demand, and not to the contract. Competinţa people from circumscriptiunea up the said Courts in matters of guardianship rises up to the amount of one hundred thousand lei. Other dispoziţiuni the texts remain untouched up shown.
Art. 67.-the provisions of the law of 2 August 1921, regarding the increase of the civilian judicial authorities competintei, change to the effect that courts in Vienna's Court of appeal in Chernivtsi competinţa will have to judge in the first and the last small business Court (bagatelare) up to the amount of 5 thousand lei, the defendant, without capital percentage to the amount of fifty thousand lei in the first court without equity, per cent reported.
Art. Article 68.-the law of 4 August 1921, the judicial authorities in Vienna's competinţa the courts of appeal in Braşov, Cluj-Napoca, Oradea, Timisoara and Targu-Mures, change in the sense that competinţa these courts shall be increased as follows: the amounts referred to in article 11 of the aligned from top quoted law who represents the value limits for the competinţa will be calculated in the future, multiplied by 5 , out of the amount indicated in article 10. civil procedure 476, para. Which shall be increased by the amount of 5,000 lei capital without percentages reported.
Art. 69. tutelele-processes and pending at courts and Caan to promulgation of the face, the effect of the above dispoziţiunilor would become competinţa courts, will continue to be judged by those courts as the first instance court of appeals.
Art. 70. Decisions handed down by the courts-from wards in the last the Court will be subject to appeal to the courts for excess of power, incompetinta, breach of law, an essential omission and distortion.
Or omission may consist in nepronuntarea judge upon any defence raised by the party, or ex officio by the judge neinvocarea of any defence that reesea from facts of the case. The appeal is declared at the registry of the Court which pronounced the judgement. The appeal is suspensive. The statement of appeal is made in the same manner as the initial request from the Court. The reasons for the appeal will look through the petitiunea of appeal or by a separate memorandum which will communicate intimatului with at least 10 days before the deadline for prosecuting the appeal.
The time limit for appeal in any matter is five days free from the presence of communication for the absence of part or parts of the pronunciation when dela were present, even though other laws provides for another term or way of calculating the time limit. If the Tribunal finds compelling reasons for who he attacked the whole affair on evoaca a judge in either the first or the last court after its competintei rules. The Tribunal called upon to give judgment in the appeal against the decisions of the judges will be composed according to dispoziţiunilor law of judicial organization.
Art. 71. funduare-restoring books destroyed, damaged, replace the care of books and various registries, transformation and adjustment of funduare cards and any other works concerning these instituţiuni will be made ex officio by the judge, Justice Ministry delegate under the direction of privigherea and the first President of the Court of appeals or another Member of the Court as a delegate of the Ministry.
What expenses you can cover necesiteaza reconstitution from stakeholder contributions under regulation drawn up by the Ministry of Justice.
Art. 72.-Ready and operating capacity of the persons who will be authorized to deal with translators, while respecting the rights won, are laid down in the Council regulation of 18 Octomvrie, 1925.
Art. 73. implementation date-Dela enforcement toward repeal of the law is dispoziţiunile of 19 May 1925. Also be repealed and dispoziţiunile from civil and commercial procedures in force throughout the country contrary to the above dispoziţiunilor.
Art. 74. this law shall enter into force on 1 Septemvrie 1929. "
(Desbateri: Room No. 85/87, 98-90, 120 *)-1928/29; Senate, no. 58, 61, 69 and 74-1928/29) (Voted by the Assembly of Deputies on June 27, and the Senate on July 4, 1929).
_ _ _ _ _ _ _ _ _ _ _ _ Note *) see in the "Monitorul Oficial", part III, the Assembly of Deputies desbaterile No. 91 of 14 Octomvrie 1929, note concerning the publication of desbaterilor Chamber of deputies in June 28, days 1, 2 and 3 July 1929.