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Law No. 4 April 1931 1,264 Over Contract Agricultural Lien

Original Language Title:  LEGE nr. 1.264 din 4 aprilie 1931 asupra Contractului de gaj agricol

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LEGE no. 1.264 1.264 of 4 April 1931 on the Agricultural Gage Contract
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 87 87 of 16 April 1931



CAROL II, Through 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: Preliminary title + Article 1 The agricultural pledge contracts between the credit institutions operating on the basis of special laws, the credit unions, the banks having a fully paid capital of at least 10 million lei, or those that have for at least 75% of the their agricultural debt portfolio, on the one hand and owners or cultivators of land, on the other hand, will be governed by the provisions of the present law. The proof of the fully paid capital will be made with the last balance sheet, legally published, and the proof of the agricultural portfolio will be made with a certificate issued by the financial administrator following the research to be done. The banks that meet the above conditions will be authorized by the journal of the Council of Ministers to use the provisions of this law. This authorization will also be withdrawn by the journal of the Council of Ministers when the banks cease to meet the above prescribed conditions. Both the authorization and the withdrawal of the authorization will be published in the Official Gazette. All operations concluded until the withdrawal of authorization shall enjoy the rights arising from this law. + Chapter 1 Establishment of agricultural pledge + Article 2 The pledge may be on signatures made or carried out in the future, without any specification other than the indication of the property on which they will be made, as well as on the products of the soil caught still by the roots or culese; on the cattle, agricultural instruments and machinery and any of the objects that serve to operate the soil. The pledge thus constituted gives the deferred creditor a right of preference and on the harvests of the 5 years to pay the entire debt, including the expenses made with the preservation and insurance of the pledge, without the need for another formality than the re-enrolment of the pledge contract in the agricultural pledge register during the month of January of each year. This right will be opposable and the third party acquirer of the property. The pledge is considered constituted by the only effect of the convention from the date of the act, without taking the possession of the debtor or the constituent that holds it for the creditor. Cattle, instruments and machinery that serve for the exploitation of the agricultural fund and which according to art. 468 of the civil code are immovable through the destination will be able to postpone their immobilization and will be able to sell separately from the fund in case of non-payment of the claim. + Article 3 The agricultural pledge convention will be concluded valid only by written act. This act will include the place and date of the convention, the names and domicile of the parties, the amount due, the due interest, the conditions and the payment methods; to show thoroughly the nature, number or quantity and quality of the pawned things, as well as the place where they are located or are to be transported or stored. The date of the act of pledge under private signature makes full faith until proven otherwise. The agricultural pledge contract can circulate through gir. + Article 4 Book unknowns will be able to be valid obliges through authenticated agricultural pledge contracts. Authentication will be possible in rural communes and the mayor of the commune or village where the debtor resides, and in the urban communes and the respective police authority, who will read the act, will find their consent and will attest to these operations how and the signature and identity of the parties, concluding a report that will form an integral part of the act. In the same conditions will be drawn up and the unilateral statements of the book unwitters who want to constitute an agricultural pledge. The acts of pledge drawn up according to this article shall contain all the particulars provided by art. 3. + Article 5 Compared to third parties the pledge does not become opposable only from the date of its registration in the agricultural pledge register of the city hall where the pledge is located. The registration will be made by the mayor on the sole request of the deferred creditor, based on the documents prepared according to art. 3 3 and 4 and shall include, in the extract, all the particulars entered by art. 3, para. 2. In the cities of court residences, registration will be made in the special register for pawnshops, held at the respective court. + Chapter 2 Conservation and maintenance of the pledge + Article 6 The debtor or the third who procured the pledge is obliged to preserve and maintain it with the care of a good householder. Whenever, by negligence or ill will, the pledge is in danger of piping or losing value, besides that the debt becomes immediately chargeable, the detour of detour, after the simple request of the creditor, may authorise the necessary measures to be taken preservation, tightening, transport and storage of the pledge, until his sale, also naming a custodian. The ordinance of appointing the custodian is enforceable by law. It is susceptible to appeal or appeal within 15 days from the ruling if the order was given with the citation of the parties or from communication in the case when it was given without citation. + Article 7 The one who constituted the pledge will not be able to transport or store it in a place other than with the express authorization of the creditor from the moment he wanted to do the transport, and mention about this authorization will be made in the gajuri registers That. In the event of the establishment of the pledge on the soil products caught still by the roots, the one who constituted it is obliged to transport and store them after their harvest, according to their natural nature and destination, in the place shown by the pledge contract. + Article 8 The pledge subsists wherever the gajate objects would be transported or deposited. It will even extend to the derivatives obtained by the natural or mechanical transformation of these goods. The creditor will have the right for the preservation and realization of the pledge to follow the pledged goods in the hand of any bad faith holders. + Article 9 The one who constituted the pledge is obliged to ensure the value against the sinister at an insurance company within 3 days from the date of the pledge act, paying the first on time. In the absence, the creditor will be able to provide the pledged goods, within the limit of the guaranteed claim, of the interest and possible cases, or to pay the premiums low, in the place and for the account of the deferred debtor. + Article 10 Any seizure or prosecution on goods likely to form the object of an agricultural pledge, in order to be able to be opposable to the deferral creditors, on the basis of this law, will be registered under the same conditions provided by art. 5. Before the start of the investigation, any creditor is obliged to investigate the agricultural pledge register of the respective city hall, and the Gajist creditors will be notified in advance on the day of the sale, by handing out a publication. + Chapter 3 Execution of agricultural pledge + Article 11 The agricultural pledge contract is executed by the court in the constituency to which it was registered. If the application concerns the execution of the pledge for the non-payment of the guaranteed debt, or of any of the rates matured, the judge will give, without citing the parties, the order for the sale of the pledge. If the application has as its object the execution of the pledge for the non-fulfillment of any bond deriving from this law or from the pledge contract, even not reached at the deadline, the creditor will address by a request to the judge of detour, who will order the citation the debtor and third party who procured the pledge for a period of no more than 5 days from the registration of the application. At the day fixed the judge, in the council chamber, after the summary conclusions of the parties, will be able to give the order for the sale of the pledge. In both cases the application for execution will be accompanied by a certificate released by the respective mayor, ascertaining by all the gajes, pursuits or sequesters registered in the agricultural pledge register and by the privileges transcribed in the car register industrial and agricultural. The pursuit of fruit caught in the roots will only be able to be done in 6 weeks before their baking. + Article 12 The sales ordinance will fix the day and place of sale of the pledge of preference for the fair days and for a term that will not be longer than 15 days and shorter than 8 days, and will at the same time order the notice by recommended letters of the debtor and the third party that procured the pledge, as well as all the creditors registered, on the day and place of the sale. In the same way will be notified about the day and place of sale both the agricultural machinery sellers whose act is found transcribed at the respective town hall, and the owner of the land on which the gajata harvest is located. The device of the sales ordinance will be displayed on the door of the court and will be sent, by registered letter, to be displayed on the door of the respective premises; the mayor of the locality where the pledge of the Chamber of Commerce, the Chamber of Agriculture and the Exchange is located of Cereals of the respective county. At the request of either party and at its expense, the judge will be able to order the publication of the sales order and in the newspapers indicated by the party. The recommended letters will be issued by the Registry of the Court at least 5 days before the sale. + Article 13 The order for sale is enforceable by law and subject to appeal at the respective court if the claim that is executed does not exceed the amount of 15,000 lei inclusive, and the appeal, at the same court, when the claim surpasses the above amount. The appeal does not suspend enforcement until after the filing of a court-assessed bail. The tribunal will adjudicate them urgently, in the council chamber, after summoning the parties. The appeal against the order of the judge of detour, or against the sentence of the tribunal, shall not suspend the execution until after the record of the amount pursued, plus the interest When by the effect of suspension the sale took place at the deadline fixed by the detour judge, and the appeal or appeal was rejected, the creditor will be able to ask to be released the bail filed by the debtor or to fix a new term of sale Pledge. The judge fixing the new sale term will order the notification of the interested parties in the manner shown in art. 12. + Article 14 In all cases provided by art. 13, both appeals and appeals shall be declared at the court that delivered the order or the decision to sell. The term of appeal and appeal shall be 15 days from the ruling. As soon as he received the appeal or appeal, the detour judge is obliged to submit it to the competent court. + Article 15 The death of the debtor or the one who procured the pledge does not suspend the execution. In this case the procedure of calling into justice will be fulfilled by a single subpoena, which will be addressed in the name of the succession of the deceased, at the former real or elected domicile of it. + Article 16 The enforcement challenge is introduced by those interested in the court who ordered the sale of the pledge and do not suspend the execution until after the recording of the amount followed, plus the interest and the related expenses. The appeal is subject to the same deadlines and remedies provided by art. 12 12-14 inclusive. + Article 17 The sale of the pledge will be made by public auction at the date, time and place fixed by the execution ordinance, through the mayor of the commune or village where the pledge is stored, to which the file will be sent after the judge verifies the fulfillment all of the above formalities. In the urban communes of court residences, the sale will be done through the port. Any person, even the creditor of the aftermath, will be able to compete at the auction. The sale is carried out separately for each gajat object and in the order shown by the debtor, or if the debtor is missing from the sale or does not want to make reinforcement, the sale will follow according to the sequence in the pledge contract. The adjudication will be made after the last three shouts, at intervals of 5 minutes, at the first auction deadline. It will not be possible to postpone the sale for price insufficiency except with the consent of the creditor creditor. + Article 18 The claims in a useful way guaranteed with the goods being set up in the agricultural pledge can be received as a price at the auction. By claims in a useful manner, for the purposes of this article, it is understood those claims whose deposit to the payment of the price obtained at the auction does not prejudge on the rights of creditors having debts guaranteed with agricultural pledge previously entered. + Article 19 In the event of the filing of a claim as a price, the adjudication will be made provisional until its approval by the court that ordered the sale. + Article 20 If no resistance arises on the release of the price, the mayor will be able to free the creditor creditor, handing over the rest of the debtor. Otherwise, or competition between creditors, the amount obtained by the sale of the pledge will be submitted to that perception, and the container will be submitted, with the file, immediately to the court that ordered the sale. Immediately after receiving the recipher, the detour judge will form a distribution picture in order of legal preference to creditors. If within 3 days from the formation of the painting there is no appeal, the picture is considered definitively and will proceed to the distribution of the amounts according to this painting, the porch being free of the one that constituted the pledge, if there is no cause Legal attachment. In case of appeal in the painting, it will be tried urgently by the judge of detour, in the council chamber, and according to the norms established by art. 12 12-14 including from this law, without bail. The appeal or appeal shall not suspend enforcement except in respect of the contested amounts, which shall be reserved until their final settlement. + Article 21 In case of sinister, the distribution of the amounts due by the insurance company will be made in the same conditions established in par. 2 of the previous article. + Article 22 The pledge constituted according to the provisions of the present law gives the creditor to be paid with preference to any other privileged claim, and even the tax office, out of the privilege of the owners for the current lease and the seller of agricultural machinery, the act of which is found transcribed at that city hall. + Article 23 The mayor is obliged, at the simple request of the creditor, and in the case provided by art. 20 20 para. 1, above, ex officio, to radiate from the agricultural pledge register the inscription of the pledge contract. If the distribution of the amount obtained by hunting the pledge was made by the judge, the deregistration will be done only on the basis of his order. + Chapter 4 Final, criminal and transitional provisions + Article 24 They will not be able to benefit from the provisions of this law than the credit institutions or banks provided in art. 1, whose claims guaranteed with agricultural pledge do not bear a interest of more than 5 percent over the account of the National Bank of Romania. Provisions relating to bankruptcy or bankruptcy, or preventive, are not applicable to claims guaranteed by an agricultural pledge than for the part of the claim that was not covered by the execution of the pledge. + Article 25 The mayors are obliged to free the owners or growers of land, without any payment or tax, the certificates finding the extent of cultivated land, the way of the cultivated products, the number and quality of the cattle or instruments and machines intended for the exploitation of the soil, the quantity and quality of the products stored, and the existing tasks on them, entered in the agricultural pledge register and in the case for industrial and agricultural machinery, to serve them to the contracting of loans guaranteed with agricultural pledge. The mayor who in bad faith will be made false shows in the liberated certificate, will consider himself complicit with his debtor with the one who procured the pledge, and will be subjected to the same punishment as the latter. + Article 26 The debtor, or the one who procured the pledge, who will have hidden the existence of any right previously of preference over the pledged goods, will pawn the work of another, make false shows of nature enhance his credit, hide, alienate with any title, wastes, evades, leaves to perish, by its fact, in total or in part the pledge constituted, displaced the pledge without authorization or will deprecate it in bad faith, will be punished with correctional imprisonment from one month to two years and with a fine from 1,000 to 50,000 lei. With this prison and fine will be punished and accomplices to this crime. + Article 27 The deadlines provided for in this law shall be counted on days off. + Article 28 All the legal acts and deeds related to agricultural gajes are exempt from stamp. + Article 29 In addition to each county court and besides each commune and village a register of agricultural jams will be established. These registers will be paraphed, snugged and sealed by the first president of the competent court, who will be presented with the registers for targeting every 8 January of each year. + Article 30 All legal provisions contrary to the present law, and in particular Article 11 of the Law of 11 July 1930 for the unification of certain provisions relating to enforcement, are not applicable to the agricultural pledge contracts concluded according to the present laws. This law was voted by the Assembly of Deputies at the meeting of March 30, 1931 and was adopted by a majority of one hundred and forty three votes, against two. President, ST. CICIO POP ((L. S. A. D.) Secretary, Nicolae S. Rusanescu This law was voted on by the Senate at the meeting of March 30, 1931 and was unanimously adopted by the nine votes. President, PROFESSOR TRAIAN BRATU ((L. S. S.) Secretary, Pompiliu Ionescu We promulgate this law and order that it be invested with the seal of the State and published in the Official Gazette. ((L. S. St.) CAROL Minister for Agriculture and Areas ad-interim Ion Mihalache Justice Minister Dr. Voicu Nitescu -----------