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

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Law No. 230 10 July 1930 for the unification of certain dispoziţiuni relating to ISSUING an enforcement PARLIAMENT Published in MONITORUL OFICIAL nr. 152 of 11 July 1930 Article 1 the request for enforcement of the real estate, the lender is obligated to show the value of each of your listings that aims. Command execution or conclusion, ordonand, you make mention of the value shown by the lender.

Article 2 within 8 days of the conclusion of the communication command or dela ordonand the execution debtor displeased with the amount fixed by the lender, will be able to gauge the value of the property, ask for court appointment of one or more experts for the worth of the goods. The borrower, on pain of nullity of the application, you will make your choice of residence in the locality where the seat of the Court which makes the execution. The request shall be made in duplicate and shall be accompanied by the stamps for summoning the parties and experts; It will be communicated ex officio to the creditor. If the lender accepts the value shown by the borrower, expertise will no longer take place at such time limit, the Court after taking sworn experts will fix term until that report is to be submitted. Experts ' fees shall be deposited at the registry until the day fixed for sworn and will not be released until after their submission of the expertise report. Expenses will be expertise, if paid by the lender, will enter into the calculation of the costs of enforcement. A creditor having a title, will be able to intervene, by simple request, throughout the procedure. Appreciation is no longer necessary if the property was previously watched treasured following the request tracking another lender.

Article 3 within a period of 8 days will ask part, unhappy with a contra-expertise, following the procedure prescribed by paragraph 2. 2 and seq. of the preceding article. The term run from the day fixed by the Court for the submission of the expertise report if the report was filed until this term, and if the report is not filed within the time limit, from the date of communication of what the Court is bound to make ex officio to the parties with regard to the submission of the report. The part that asks for an extra-law expertise will be deprived of the request if the request made with the stamps will not submit required citatiunilor for parties and experts or experts ' fees if not lodged within the time limit provided for in paragraph 1. 5, art. 2. expenditure for counter-expertise will enter into the calculation of the costs of enforcement to the extent that they were incurred by the lender.

Article 4 the Court will cite the Council Chamber after hearing the parties and appreciating their value, will be fixed on the basis of expert reports and any other information required for the review. Against the conclusion of the Court cannot be appealed.

Article 5 If experts do not lay their report within the deadline, the Court will convict, by the closing date without citation, to a civil fine up to 50,000 lei; against the conclusion of the Court there was no right of appeal and it is executed regardless of the appeal. The appeal is declared to the Court that pronounced the conclusion within 8 days from the way of communication; He was judge at the Court of appeal.

Article 6 the auctioneer will keep you separately for each of the goods. The security image, according to the laws in force, the contestants will have to submit the retail real-estate will be paid in cash. Privileged mortgage lenders or real estate are pursued over warranty dispensaţi. The sum of beginning strigările dela will be fixed by the Court, reduced by 25 per cent, or in the absence of the fixed or accepted by the lender, reduced proportionately; It will be shown in the publicaţiunea.

Article 7 If the first specified date for the auction has not been ' offered a higher price than that fixed by the preceding article, the auction will procrastinate; the term nouei licitaţiuni can not be shorter than 30 days postponement date. MORIS The new term will fix the price at which they will begin strigările will be the one set by article 6, reduced by 10 per cent, and the auction will proceed according to these rules of procedure in force.

Article 8 in the legiuirile who watched over the award of the property allowed the creditor, when there was offered a higher price than that established under article 7, the award will not be able to do it than on the price the amount of which shall be fixed by that article.

Article 9 the Court won't be trusted with keeping goods tracked another nemişcătoare than the debtor, unless possession of the property from the debtor would results in a loss for the lender. In any case, the debtor will not be able to be indebted to strămute from the building in which they will be living. Leasing or rental of buildings will not be tracked by the preservation of which goods were left, than with the autorizaţiunea Court. In all contexts of businesses tracked property preservation, the Court will decide only after hearing the parties. Conservative salary won't be able to exceed ten per cent of the revenue collected. neto

Article 10 Dispoziţiunile art. 2 up to 6 apply and developing real estate prosecutions, for which there is no fixed term for sale, even as continuativ, and those for which she asked for dropping the term after June 23, 1930. Dispoziţiunile of article 7 shall apply to the sale of real estate. The term of 8 days prescribed by art. 2, paragraph 1. 1, will flow for prosecution is not fixed-term sale or for which the required fixing term after June 23, 1930, from the entry into force of this Act, and in the case of postponement of the auction, the auction on the date of postponement. At the request of the debtor, and after hearing the parties, the Court will be able to get back on the measures taken to ensure conservatives before entry into force of this law, if it would be contrary to the principles embodied in article 3. 9. Article 11 sale of grain from producers enforced will not occur prior to four months of their date of collection from the rock. If cereals are being pursued, trapped by roots won't be able to require the sale of them as trapped by roots, but only after they were collected and in compliance with the time limit provided for in the preceding paragraph. Dispoziţiunile of this article shall not apply if the follow up is made for payment of the fine datorite for the term after which the grain was harvested.

Article 12 movable tangible property, which according to the laws in force are tracking devices, will not be able to be tracked even for debt. It exempts pensions and maintenance, to cover goods which can be traced as far as the very top and the laws in force.

Article 13 Dispoziţiunile of this Act relating to the pursuit of real estate does not apply to prosecutions undertaken by institutiunile what works in their own special laws, where these laws include, as regards traceability, common law derogating dela dispoziţiuni.

Article 14 the debtor to Surrender beforehand the benefit granted by art. 2 and seq. of this law is null.

Article 15 Citatiunile and any acts of procedure provided for in article 4. 2 till 4 of law will issue from the Office of the registry of the Court; carrying out the procedure will be done according to the law courts, and where it is not in force, by administrative agencies. Judgment will follow.

Article 16 All time limits laid down in this law are counted on days off.
Desbateri: Room No. 94 and 96-1929/30; Senate No. 61-1929/30.
Voted by the Assembly of Deputies and of the Senate on June 30, 1930.