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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Law No. 4 April 1931 1,264 upon ISSUING contract agricultural lien PARLIAMENT Published in MONITORUL OFICIAL nr. 87 of 16 April 1931 to CHARLES II, by the grace of God and the will of the King of Romania's national team, all from the face and future Legislative Assemblies, health: voted and adopted, and we sanctionam: Preliminary Title Article 1 agricultural lien Contracts made between institutiunile and its writing credit on the basis of special laws, credit unions, banks having a fully paid-up capital of at least 10 million lei , or those who have at least 75% of their receivables portfolio of agriculture, and the owners or cultivators of the Earth, of the other part, shall be governed by the provisions of the law.
Fully paid-up capital proof will be made with the last published balance sheet, legalmente, and evidence of agriculture portfolio will be made with a certificate issued by the financial manager in research that will be done.
Banks that meet rigid conditions above will be authorized through the journal of the Council of Ministers to use the dispoziţiunile of the present law.
This authorisation will be withdrawn by the journal of the Council of Ministers when banks cease to carry out rigid conditions prescribed above.
Both the authorization and withdrawal of authorization shall be published in the Official Gazette. All transactions concluded up to withdrawal of authorization shall enjoy the rights provided for in this law discourages.


Chapter 1, article 2 establishment of agricultural Mortgage collateral can constitute over semnaturilor being made or who will be in the future, without specifying other than an indication of the real estate that will be made, as well as the products of the soil roots still attached or collected; on the cattle, agricultural tools and machinery and any objects to serve unto the ground.
The pledge so formed shall confer a right of creditor programmer preference and crops of the 5 years to come until the payment of the entire debt, including man-made and expenditure and ensuring the conservation pledge, without any other formality than the re-enrollment contract of pledge in the register of agricultural Lien during the month of January of each year. This right shall be enforceable against the third party and the acquirer.
The pledge shall be deemed established by the sole effect of the instrument, date conventiunii dela without taking work from the possession of the debtor or of constituent it holds for the lender.
Cattle, tools and machines who serve for exploiting the agricultural fund and who according to art. 468 of the civil code are immovable by its destination will be able to go out and Hock and grounding may be sold separately from the Fund in the event of non-payment of the claim.


Article 3 Convenţiunea agricultural lien will end only valid through the act.
This act shall include the place and the date, the name and domicile of conventiunii parties, amount due, interest due, an amount generally and the arrangements for payment; look carefully on the nature, amount or quantity and quality of things amanetate, and the place where they are located or to be transported or stored.
The date of the notice of lien under private signature make full faith until proven otherwise.
Contract agricultural lien can circulate through the gir.


Article 4 the learned of the book may be valid bound by contracts of pledge agriculture certified. Authentication may be in rural municipalities and Mayor of the commune or village where the debtor is domiciled, and in urban municipalities and police authority, which will read the Parties Act, will establish their consent and will attest to these operations as signature and identity of parties, ending a record that will make it an integral part of the act.
Under the same conditions will be drawn up and the testimony of unilateral nestiutorilor of the book who will constitute a lien.
Lien laws, drawn up in accordance with this article must include all the particulars provided for in article 4. 3. In article 5 the face of third parties relied not pledge than his date of entry in the end from the register of pledges of agricultural Town Hall of the place where the pledge.
Enrollment will be made by the Mayor at the request of the creditor only programmer, based on documents drawn up in accordance with art. 3 and 4 and will feature in extras, all the particulars listed in article 3, para. 2. In Court, the entry of residences will be made in the special register for amanete, held at the Tribunal in question.


Chapter 2 the preservation and maintenance of collateral Article 6 the debtor or tertiul who purchased mortgage is required to preserve and maintain it with the care of a good Manager.
Whenever, negligence or ill will, the pledge is in danger or to perish lose value, besides that the debt becomes immediately payable, judge of the detour, after simple request of the creditor, may be authorized to take the measures necessary for the conservation, fundraising, travel and inmagazinarea pledge, until selling his calling and a custodian.
Order appointing guardian is enforceable by law.
It is susceptible of appeal or appeal within 15 days after delivery if the order was removed from him gave the attendance of the parties or in case when Dale was given without citation.


Article 7 the one who constituted the pledge will not be able to carry or store in a place other than with the express autorizaţiunea of voeşte from the time when the creditor to make the transportation, and the mention of this authorization will be made in the registers of their respective pledges.
In case of formation of soil products pledge still trapped by roots, who was is bound to carry them and their store after harvesting, in accordance with their nature and natural destinaţiunea, instead revealed by the contract of pledge.


Article 8 the pledge appears wherever they carry or deposit the items pledged.
He will even stretch over derivatives obtained by natural or mechanical transformation of this property.
The creditor shall have the right to preservation and realization of mortgages to pursue assets pledged in the hand of any holders of bad faith.


Article 9 At which constituted the pledge shall be obliged to ensure the value of the counter from a society of radar transponders insurance within 3 days from the date of the notice of lien removed from him by paying premiums on time. In the absence of, the lender will be able to provide the goods he pledged, within the limits of the claim secured, interest and any speselor, or pay low premiums, instead of the debtor and for the programmer.


Article 10 Any seizure or prosecution in respect of goods liable to form the subject of a pledge, to be able to be relied on as against creditors of the amanetari, on the basis of this Act, shall be entered under the same conditions provided for in art. 5. Before the beginning of prosecution, any creditor is obliged to inspect the register of pledge the respective agricultural town hall, and the gajisti lenders will be notified in advance of the day of the sale, by handing over a publicaţiuni.


Chapter 3 article 11 Enforcement of pledge contract agricultural lien on agriculture is run by the District Court which has been entered.
If the application has an object executing the pledge for non-payment of the debt secured, or from rates reached maturity, the judge will give, without summoning the parties, the order of sale of collateral.
If the application is executing the pledge for failure of any bond deriving from this law or of the contract of pledge, even on short-term creditor shortfall will address via an application the judge shall order that the detour citing debtor and one-third what has purchased a pledge for a period not exceeding 5 days dela registration.
The day fixed by the judge, in the Council Chamber after the summary of concluziunile, will be able to give the order for sale of collateral.
In both cases the request for enforcement will be accompanied by a certificate from the respective Mayor convicted, acknowledging the lessons to all gajurile, or sechestrele the pledge entered in the register of agricultural and transcribed in the register of privileges industrial machinery and agricultural products.
Tracing fruit trapped in the roots won't be able to do only in 6 weeks before baking them.


Article 12 Ordinance of sale will fix the day and place of sale of collateral of preference for fair and for a period cannot be longer than 15 days, and less than 8 days, and has at the same time the reminder by letter recommended to the debtor and the third image has purchased the pledge, as well as all creditors enrolled day and place of the sale.
In the same way will be notified about the day and place of the sale of both itinerant farm machinery whose act is found at City Hall that transcribed, and the owner of the land on which is located the harvest gajata.
Ordinance device sales will be displayed on the door of the Court and shall send, by registered letter, to be posted on the door of the premises in question; the Mayor of the locality where the pledge of the Chamber of Commerce, the Stock Exchange Chamber of Agriculture and the county respectively.
At the request of either of the parties, at the expense of her, the judge will be able to dispose of the sale and publication of the Ordinance in the newspapers indicated by hand.
The letters recommended will emit through the registry of the Court at least five days before the sale.


Article 13 of Ordinance is enforceable governed by sales and subject to appeal to the Court of first instance in cases when claims what is executed does not overtop the amount of 15,000 lei inclusively, and call at the same courthouse, when debt amount above race.
The appeal does not suspend the execution only after filing a Security Court appreciated.
The Court will judge them in the emergency room, boardroom, after summoning the parties.

Appeal against the order of the judge of the detour, or against the sentence of the Court, does not suspend the execution of the duty amount, plus interest and costs incurred.
When the effect of the suspension of the sale never took place at the specified time by the judge of detour, and the appeal or appeal were rejected, the lender will be able to ask to be libereze bail filed by debtor or to fix a new date for the sale of mortgages.
Judge dropping new sales period will have a notice to interested parties in the manner described in article 11. 12. Article 14 in all cases provided for by art. 13, both calls and appeals are declared to the Court that pronounced the Ordinance or resolution.
The time limit for appeal and appeal is 15 days dela pronouncement.
As soon as he received recourse or appeal, the judge is obliged to detour him submit an emergency court.


Article 15 Death of the debtor or the person who has purchased the pledge does not suspend the execution.
In this case the procedure will accomplish justice by the summons, which will address on behalf of the estate of the deceased, at the former home of his or her real or chosen.


Article 16 Contestatiunea to run is inserted for those interested in the Court which ordered the sale of mortgages and do not suspend the execution of the duty amount plus interest and tracked the costs incurred.
Contestatiunea is subject to the same terms and ways of appeal under art. 12-14 inclusive.


Article 17 the sale of mortgages will be made by public auction on the date, time and place fixed in the order of execution, or by the Mayor of the village where the store pledge, which will send the folder after the judge will check the fulfilment of all of the above.
In urban municipalities, court residences selling will be done by portarei.
Everyone, even the lender will be able to further compete in the auction.
The sale is carried out separately for each object in the order given and shown by the debtor, or if the debtor is missing or not selling voeşte dela do Wraith, sale will follow according to the pledge of.
The award will be made after the sell, the last three at intervals of five minutes at first. It will not be able to postpone the sale price for failure than with the consent of the creditor.


Article 18 claims rank secured goods tracked the agricultural lien may be received as price at auction.
By rank, receivables for the purposes of this article, shall mean those whose filing claims to payment of the price obtained at auction prejudeca not on the rights of the creditors having claims secured by collateral previously listed agriculture.


Article 19 in the case of filing a claims as price, award will be made on a provisional basis until its approval by the Court which ordered the sale.


Article 20 If there is no objection arises upon liberation, the Mayor will price could free creditor, debtor and left the rest.
Otherwise, or contest between lenders, the amount obtained by the sale of mortgages will submit to that perception, and it will submit the receipt with the dossier, deindata court ordered sale.
Immediately after receiving the recipisei, judge of the detour will form a distribution panel in the order of preference lawful creditors. If within 3 days of the painting is not training dela make any opposition, is considered definitive and will proceed to the distribution of amounts according to this picture, the overflow of the liberandu-is the one who set up the pledge, if there was no legal cause of garnishment.
In the case of opposition in the dashboard, it will judge the judge emergency detour into the boardroom, and rules laid down in article 4. 12-14 inclusive of this law, without giving bail.
Appeal or an appeal shall not suspend the execution than in terms of amounts, which will be contested in reserve until their final settlement.


Article 21 in cases of distress, distributing the sums due for the insurance company will be made under the same conditions laid down in paragraph 1. 2 of the preceding article.


Article 22 the pledge constituted according to the law dispoziţiunilor of face pose as creditor to be repaid with preference over any other claims of privilege, and even revenue, out of privilege for the rent owners this year and the seller of agricultural machinery, whose act is found at City Hall that transcribed.


Article 23 the Mayor, upon simple request of the creditor, and in the case provided for in article 4. 20 paragraph 1. 1, above, ex officio, to delete from the register of agricultural inscriptiunea the contract of pledge pledge.
When distributing the amount obtained by rifled pledge was made by the judge, the deletion will be done only on the basis of the order.


Chapter 4 final Dispoziţiuni, criminal and transitional article 24 will not be able to benefit from this law dispoziţiunile than institutiunile credit or banks. 1, whose claims-backed agricultural wears a pledge interest greater than 5 per cent discounting over the National Bank of Romania.
Dispoziţiunile relating to the bankrupt or bankrupt the Concordat, or preventative, not applicable to claims secured by a pledge on agriculture than the portion of the debt which was not covered by the execution of the pledge.


Article 25 city halls are required to free or growers ' land without any payment or charge, noting the extent of land certificates for products grown in cultivation, the way, the number and quality of livestock or tools and machinery intended for the exploitation of the soil and the quantity and quality of the products stored as well as the goal of their existing, registered in the register of agricultural and pledge for industrial and agricultural machines in order to serve them to the contracting of loans guaranteed by the pledge.
Mayor in bad faith will be appearing on the certificate made lying the fetters, be regarded as complicit with the borrower or with one who has purchased the pledge, and will be subject to the same punishment as the latter.


Article 26 of the debtor, or the one who purchased the pledge, which will be hidden the existence of any prior right of preference over assets pledged, another thing will Hock will make lying nature of the manifestations from them increase credit, ascunde, alienate any basis will dissipate, evade, leave it to perish in that or in whole or in part constituted the pledge pledge without authority, he or she would belittle in bad faith , shall be punished with imprisonment for one month to Dale correctional facility two years and by a fine from 1,000 to 50,000 lei.
With the same prison and fines will punish and accomplices to this offense.


Article 27 the deadlines laid down in this law are counted on days off.


Article 28 All legal acts and facts relating to the agricultural gajurile are exempt from stamp.


Article 29 along with every county courthouse and in addition to every township and village will establish a register of pledges.
These registers will be initialled, şnuruite and sealed by the first President of the competent court, which shall present the records of every 8 towards targeting January of each year.


Article 30 All dispoziţiunile of opposites law legal front, and in particular article 11 of the law of 11 July 1930 dela for the unification of certain dispoziţiuni relating to enforcement, are not applicable to contracts of pledge under this law on Agriculture concluded.
This law was voted by the Assembly of deputies at its meeting on 30 March 1931 dela and was adopted by a majority of one hundred forty-three votes against.
President, St. GEORGE PAL (L. S. D.)
Secretary, Nicholas s. Rob this law was voted by the Senate at its meeting on 30 March 1931 dela and adopted unanimously by the sasezeci and the new votes.
Chairman, PROFESSOR TRAIAN BAHADUR (L. S. S.)
Secretary, Palani Promulgăm this law and Ignacio categorise as it is vested with the seal of State and published in the Official Gazette.
(L. S. St.)
CHARLES Minister of agriculture and the fields of Ion Mihalache ad-interim Justice Minister Dr. Voicu Naidu — — — — — — — — — — —