Advanced Search

Law No. 230 10 July 1930 For The Unification Of Certain Dispoziţiuni Relating To The Enforcement

Original Language Title:  LEGE nr. 230 din 10 iulie 1930 pentru unificarea unor dispoziţiuni referitoare la executarea silită

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 230 230 of 10 July 1930 for the unification of certain provisions relating to enforcement
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 152 152 of 11 July 1930



+ Article 1 In the application for real estate execution, the creditor is obliged to show the value of each of the buildings that follow. The command or conclusion, ordering the execution, will make mention of the value shown by the creditor. + Article 2 Within 8 days from the communication of the command or conclusion ordering the execution, the debtor dissatisfied with the value fixed by the creditor, will be able, showing the value of the buildings, to ask the court to appoint a or more experts for the appreciation goods. The debtor, under penalty of nullity of the application, will make a choice of domicile in the locality where the seat of the court is located The application will be made in duplicate and will be accompanied by the stamps for the citation of the parties and experts; it will be communicated ex officio to the creditor. If the creditor accepts the value shown by the debtor, the expertise will no longer take place. At the time thus fixed, the court after taking the oath of experts, will fix the deadline until which the report is to be filed. The experts ' fee will be submitted to the Registry until the day fixed for the swearingment and will not be issued to them until after the submission of the expert report. The expenses of the expertise, if paid by the creditor, will go into the calculation of execution expenses. Any other creditor, having a definitive title, will be able to intervene, by simple request, throughout the procedure. Appreciation is no longer necessary if previously the good pursued was cherished following the request to pursue another creditor. + Article 3 Within 8 days the dissatisfied part will be able to ask for a counter-expertise, following the procedure prescribed by para. 2 and urm. of the previous article The deadline shall run from the day fixed by the court for the submission of the report of expertise if the report has been submitted by this deadline, and if the report has not been submitted within the period, from the date of the communication to which the court is obliged to do on the submission of the report. The party that asks for the counter-expertise will be of the right decision made from the request made if with the request it will not submit the necessary stamps to the citations for the parties and experts or if it does not submit the fee to the experts within the time 5 5, of art. 2. The counter-expertise expenses will enter into the calculation of execution expenses to the extent that they were borne by the creditor. + Article 4 The court will quote in the council chamber the parties and after their hearing, appreciating, will fix the value on the basis of the surveys and any other elements of appreciation. Against the conclusion of the court you cannot appeal. + Article 5 If the experts do not submit the report within the fixed term, the court will condemn them, by concluding the date without citation, to a civil fine up to 50,000 lei; against the conclusion of the court there is no appeal and it is executed regardless of the appeal. The appeal shall be declared at the court which has concluded within 8 days of the communication; it shall be adjudicated at the Court of Appeal. + Article 6 The auction will be held separately for each of the goods tracked. The guarantee that, according to the laws in force, the competitors will have to submit to the real estate sales will be deposited in cash. Privileged creditors or mortgages on the property pursued are dispensated by the guarantee. The amount from which the cries begin will be the one fixed by the conclusion of the court, reduced by 25 percent, or in absentia, the one fixed or accepted by the creditor, reduced by the same proportion; it will be indicated in the sale publication. + Article 7 If at the first deadline fixed for the auction was not offered a price higher than that fixed by the previous article, the tender will be postponed; the term of the new auction may not be less than 30 days from the date of postponement. At the new deadline that will be fixed, the price from which the cries will begin will be the one fixed by Article 6, reduced by 10 percent, and the auction will continue according to the procedural rules in force. + Article 8 In the legislations that admit the adjudication of the good pursued on the creditor, if no higher price was offered than the one fixed by Article 7, the adjudication will only be possible on him on the price of which the amount is fixed by that Article. + Article 9 The court will not entrust the preservation of the motioning assets pursued to the other than the debtor, unless from the remaining assets in the debtor's possession a damage to the creditor would result. In any case the debtor will not be able to be indebted from the building where he will be living. The lease or rental of the buildings pursued will not be able to be made by the one in which the goods were left, except with the authorization of the court. In all businesses interested in the preservation of the goods pursued, the court will rule only after hearing the parties. The conservative's salary will not be able to exceed ten percent of the income neto collected. + Article 10 Provisions of art. 2 until 6 will also apply to the current real estate consequences, for which the term of sale is not fixed, even continuative, as well as to those for which the deadline was requested after June 23, 1930. The provisions of Article 7 will also apply to ongoing real estate sales. The 8-day period prescribed by art. 2, para. 1, will flow for the consequences in which the deadline for sale is not fixed or for which it was requested to fix the deadline after June 23, 1930, from the entry into force of this law, and in case of postponement of the tender, from the date of postponement of the tender. At the request of the debtor and after hearing the parties, the court will be able to return to the measures the conservatives taken before the entry into force of this law, if it were contrary to the principles 9. + Article 11 The forced sale of cereals to producers will not take place before four months from the date of their collection. If the cereals were followed being caught by the roots, it will not be possible to order their sale as trapped by the roots, but only after they were collected and in compliance with the deadline provided by the previous alignment. The provisions of this Article shall not apply if the pursuit is made for the payment of the fine owed for the period after which the cereals have been harvested. + Article 12 Tangible movable property, which according to the laws in force are tracking devices, will not be traceable even for food debts. Food and maintenance shortages are exempted, for the coverage of which these goods can be traced to the extent and conditions of the laws in force. + Article 13 The provisions of this law relating to real estate tracking do not apply to the pursuits undertaken by the institutions operating under their special laws, if these laws include, in respect of the pursuit, provisions derogatory from the right common. + Article 14 Early renunciation of the debtor to the benefit granted by art. 2 and urm. of this law is null and void. + Article 15 The citations and any procedural documents provided by art. 2 up to 4 of the law will be issued ex officio by the court Registry; the fulfillment of the procedure will be done according to the law of the courts, and where it is not in force, through the administrative agents. The trial will follow the emergency. + Article 16 All the deadlines provided for in this law shall be counted on days off. Desbaters: Room No. 94 and 96-1929/30; Senate No. 61-1929/30. Voted by the Assembly of Deputies and the Senate on 30 June 1930. -----