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Law No. 1,316 Of 10 April 1931 To Secure Payment Of Work Done

Original Language Title:  LEGE nr. 1.316 din 10 aprilie 1931 privind asigurarea plăţii lucrului efectuat

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LEGE no. 1.316 1.316 of 10 April 1931 on ensuring payment of the work performed
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 91 91 of 21 April 1931



CAROL II, By the grace of God and the national will, the King of Stance, To all present and future, health: The legislative assemblies voted and adopted, and We sanction what follows: + Chapter 1 General provisions + Article 1 Disputes between "craftsmen" or "craftsmen" or "small industrialists" and their customers, as well as those of the craftsmen, the craftsmen or small industrialists between them, or between them and their employees, relating to the non-payment of the work carried out or of the consignments within the time limits, to the non-performance of the works in accordance with the commitment, to the quality of the materials used or to the non-compliance of any other clause of the convention, furnishing or work, by any of the parties Contracting, will be judged by a "Arbitral Commission", according to the norms of the present law. + Article 2 For the purposes of art 1 above benefits from the provisions of the following law: a) The craftsmen of the Old Kingdom and Bessarabia subject to the provisions of the law for the organization of trades, credit and workers ' insurance of 9 Fevruarie 1912, the craftsmen of Transylvania and Banat subject to the provisions of the industrial law of 18 May 1884, the craftsmen of Bukovina, subject to the provisions of the industrial code of 1886, amended in 1907; b) The industrial workers who employ no more than 40 workers, journeymen, practitioners, apprentices or a driving force of less than 50 H. P. inclusive; c) Works enterprises if they meet the same conditions as those from par. a or b; d) Messengers possessing a book of craftsman issued by the respective authorities; e) Societies composed of those concerned at the above alignments; f) Customers of those from the above alignments, for the disputes provided by art. 1 1; g) Salarias-workers, journeymen, apprentices, s. a., of those mentioned in the above paragraphs, for the disputes provided by art. 1. + Article 3 The quality of litigants subject to the present law according to the above paragraph is established by the book of patron craftsman or by a certificate issued by the Chamber of Commerce, until the establishment of the Chambers of trades or by the General Unions of small industrialists or craftsmen, recognized legal entities and who will be at least 5 years old. The quality of employee is established by certificates issued by the Labour Inspectorates, until the establishment of the Labour Chambers, which will issue these certificates, or by the professional associations of employees recognized legal persons and who will be at least 5 years old. Exceptionally the General Unions of small industrialists or craftsmen who have legal personality when the law is promulgated are dispensed by the 5-year term. + Article 4 The arbitration established by this law is mandatory for all parties and for all the matter provided for in art. 1, whether it is advertised by small industrialists or by craftsmen, shown in art. 2, either by customers or by employees. + Chapter 2 The arbitral commission + Section I Composition Of Arbitral Commissions + Article 5 In addition to each urban detour court and each tribunal will operate an arbitral commission composed of: 1. A president who will be the judge of the respective detour, the president of the court or the first-president, at the courts with several sections, or their replacements. 2. A member delegate by the complainant. 3. A member delegate of pyrite. The commission shall be assisted by a Registrar or Registrar, delegated by the Court of Justice or by the General Court. + Article 6 Craftsmen, craftsmen patrons or small industrialists will choose their delegate among the specialists of their professional organization, whose lists will be communicated every year to courts and tribunals by the institutions and associations. professional provided in art. 3 and will be kept at the graft of the arbitral commission. Customers will choose their delegate among local citizens, who inspire confidence and who enjoy the exercise of all civil and political rights. In cases where the arbitral commission will have to be completed ex officio, according to the shows below, the choice will be made by the president, also from the lists provided for in the first paragraph of this article. The choice of delegates is made by the introductory petition of action by the plaintiff and by petition filed with the Registry of the Arbitral Commission with at least 3 days off before the judgment, by the pirit. With the designation of delegates, each party will also indicate an alternate, under the same conditions, which will replace the principal delegate in need. + Article 7 When the delegate of one of the parties is missing and missing and the alternate, the Commission will grant a single deadline, when the trial will be tried in any case, the absent delegate being replaced ex officio, according to the norms indicated in art. 6. In this case, if divergence occurs between the President and the present delegate, the process shall be postponed to a near term, for which the Commission will be completed with a second delegate appointed ex officio, after the rules shown in the previous article, of the lists of the Registry, through the conclusion signed by the President. + Article 8 Before proceeding to the judgment of the matter for which it has been appointed, each delegate shall submit before the President, at the public meeting, the following oath: "I swear that I will fulfill my faith, without hatred or bias for any of the parties, the mission of judge delegate in this process." The oath will be taken in the forms provided by the civil procedure About the submission of the oath in the conditions shown will be made speech in the minutes of the meeting. + Article 9 In case of postponing the process, the Commission will be composed at the next term of the same delegated members. On a case-by-case basis, the Commission shall be able to complete with the alternate of the missing delegate or even another delegate appointed by the interested party, at least 3 days before the deadline. Also, if one of the parties did not have the delegate or at the previous meeting, the Commission will also be able to complete with its delegate, also designated at least 3 days before the trial of the case. + Article 10 The President and members of the Arbitral Commission may recuse themselves: a) The President, for the causes of recusal provided by the civil procedure; b) The members of the delegates for the same reasons as the president, as well as the administrators or employees of any of the parties. The recusal will also be possible to propose verbally and it will be judged in all cases by the President of the Commission. If the recusal of any delegate is allowed, it will be replaced by its alternate; if it is also recused, another delegate will be appointed under the conditions provided by art. 6. If the President of the Commission finds, at the request of one of the parties, that he himself is recusable, he will waste and order that the case be judged by his replacement, or in his absence, be submitted for retrial to another arbitral commission. nearby. If the request for recusal is rejected, a reasoned statement will be made in the minutes of the meeting, which will only be able to appeal with the substantive decision, by appeal. In case of scrapping on this grounds, the appeal court will conjure and judge the fund. + Section II Competition Of Arbitral Commissions + Article 11 The arbitral commissions of the ocoals courts will judge in the first and last instance the disputes provided in art. 1 of the present law up to the value of 50,000 lei inclusive. The arbitral commissions of the courts will judge in the first and last instance the disputes provided in art. 1 of the present law from the value of 50.001 lei and up to 1.000.000 lei inclusive. The causes exceeding the amount of 1,000,000 lei remain in the jurisdiction of the ordinary courts, according to the common law. + Article 12 As far as the competition is concerned, the application will be able to: 1. At the commission in the constituency of which the defendant or one of the defendants is domiciled if there are more. 2. At the commission in the constituency to which the work was carried out. 3. At the commission in the constituency to which the working convention was concluded, or in the constituency to which the payment was to be made. + Section III Procedure and judgment before the Arbitral Commissions + Article 13 The request for a summons will address the chairman of the commission and will include: 1. Name, surname, domicile or residence, both of the plaintiff and the defendant. 2. The object of the request and its value. 3. The clear indication of the factual and legal reasons on which the request is based. 4. Showing the evidence on which each end of the application rests. 5. Name, surname, profession and address of the elected delegate and alternate. 6. The signature of the complainant or his trustee. It will attach, besides the petition, a certified copy of the warrant. The request will be made in so many copies as many defendants are, plus a copy for the commission. If the plaintiff is also served by the documents, he will join them in copy to the petition, in so many copies as many as there are, plus a row of children for the commission file. If the complainant invokes the testimonial test, he will show the name, surname and address of the witnesses, in the request for a summons. + Article 14 The President of the Commission, as soon as he receives the request, will control it if it is well directed, in accordance with art. 11 11 and 12 of this law. At the same time, he will find it appropriate, he will complete it after the plaintiff's shows; She will have her registration and will fix a court term given in the applicant's knowledge and which will not be more than 10 days when the pirate resides in the locality, 15 days when he lives in another locality in the country and 1 month when domicile abroad. He will then order the immediate communication of a copy of the action and the documents attached to each pirit, with the summons and the invitation for it to show in writing, before at least 3 days of the term of appearance, the name, surname, the profession and domicile of his delegate, drawing attention to him that in case the commission will be constituted only with the delegated ex officio according to art. 6. + Article 15 The procedure for summoning the parties, witnesses and delegates shown by the parties, as well as communicating children from the action and acts will be done for the pending cases at the Arbitral Commissions under the detour courts, through the police or the gendarmes ' sections; and for those pending before the arbitral commissions of the courts, through the agents of each court. Parties and witnesses will also be able to appear without subpoenas, with an obligation to establish their identity in court. Also the proposed delegates can present themselves without a citation, at the simple persistence of the stakeholders. + Article 16 On the day of appearance, the parties may appear before the Commission, either personally or through the trustee or assisted by a lawyer. Before the commissions under the judges, the parties may be assisted by a representative of the professional organization recognized by the moral person, of which the craftsman or small industrialist is a member. However, the assistance is not mandatory and the lack of assistance cannot give place to delay. + Article 17 The arbitral commissions will judge the facts given in their jurisdiction by this law, according to the provisions to be taken by regulation, even in the absence of the parties, based on the reasoned action of the plaintiff or written pleadings filed by any of the Parts. + Article 18 Before entering the process, the Commission is obliged to propose peace to the parties. If the proposal is accepted by both parties, the Commission will find the conditions of reconciliation by a signed record and by the parties and will give a decision of expedient to that effect. + Article 19 The parties may invoke, before the Commission, all the means of defence and probation provided for in common law. The commission is obliged to propose, ex officio, in the dissolution of the parties, any means of defence or proof, which it will believe necessary for the resolution of the dispute. The testimonial test for proving the working convention can be admitted, without any restriction, up to the value of 10,000 lei inclusive. From 10.001 lei up the testimonial test can be admitted only on the basis of written test starts or when the work on which the dispute is carried out has already been executed. + Article 20 The counterclaim and the guarantee call are admissible according to the norms of the common law, with the derogation that they must be presented only until the first appearance inclusive. On these requests the Commission will take the same decision. + Article 21 Arbitral commissions judge according to industrial laws and in absentia, according to the provisions of the civil code. If the parties agree, the arbitral commissions will be able to judge the case on an equity basis. + Section IV Decisions and remedies + Article 22 The decisions of the Arbitral Commissions will be delivered in public sitting, without right of opposition and without appeal. They can attack with appeal for violation of law, essential commission, excess power and gross error in fact and in all other cases provided by art. 30 of the Law of the Court of Cassation and Justice of 20 Decemvrie 1925. The appeal is adjudicated by the court for the decisions given by the arbitral commissions by the ocol courts and by the respective Court of Appeal, when the decision was handed down by an arbitral Commission by the court. The term of appeal shall be 8 days free from the communication of the decision The appeal shall be filed with the court which has rendered the decision and which shall forward it immediately, together with the substantive file and all the documents to the court or the competent court. + Article 23 In case of scrapping the tribunal or the Court will evoke and judge the fund + Article 24 The appeal is not suspensive of execution. + Article 25 The President of the Commission will be able to grant, on the basis of the appeal and following the recording of a security of at least one third of the amount provided for in the decision or from the value of the dispute, when the decision does not condemn the payment of a sum of money, the suspension execution of the decision until the appeal is adjudicated. If the entire amount provided for in the decision or the entire value of the dispute is recorded, the suspension becomes mandatory. + Article 26 The President of the Commission will also be able to order, before the trial of the fund, any insurance or useful measure; either on the objects worked or on the tools, machines or materials of the small industrialist, and may order the handover to them, if they are retained by the customer, in the reception of the small industrialist. + Article 27 The decisions of the arbitral commissions remaining final will be invested with the enforceable formula, by the president of the court who pronounced them and will be executed according to the rules of procedure, either through the agents that have these attributions, for the courts of detour, either through the body of the porters. + Article 28 The enforcement challenges will address the President of the Commission who has invested the decision that is being executed. They will judge themselves by the president, according to the rules of civil The decisions given in these appeals are final. They can be appealed, under the conditions and with the procedure of the present law for the appeal against the decisions of the arbitral commissions. If the appeal is upheld, the president will set a new trial term and convene the commission for the trial of the fund, according to the rules of the present law. + Chapter 3 Special provisions. + Article 29 Those targeted at art. 1 and 2 have the privilege for the cost of the work carried out "and for the payment of the employee's work" on the object made. For the works carried out on construction, the small industrialist, the patron craftsman and the entrepreneur keep, without any inscription, a privilege on the object made, until complete acquittal, without the need for training of Minutes required by c. c. + Article 30 The arbitral commissions will have the necessary registers and an independent archive of that of the adjudicatory or tribunal under which it operates. + Article 31 The actions introduced in accordance with this law, at the Arbitral Commissions under the detour courts and the counterclaims, made to these actions are exempt from the proportional tax, provided by the stamp law with its amendments, These actions are not exempt from the payment of fixed stamp and taxes for shares, applications, children, citations, etc. The fund that will be constituted from the collection of registration fees for shares whose value passes 50,000 lei will be passed into the budget of the Ministry of Industry and Commerce, in terms of oil validation taxes and will serve exclusively on payment the diaries of members of the arbitration commissions. + Chapter 4 Final provisions + Article 32 A regulation will set out in detail the functioning of the arbitral commissions, established by the present law, as well as the organization and functioning of the grafts and archives of these Commissions. + Article 33 The disputes provided for in this Law will be applied in addition to all provisions of common law that are not contrary to the provisions of the present law. This law was voted by the Assembly of Deputies at the meeting of April 1, 1931 and was adopted by a majority of one hundred and thirty two votes, against four. President, ST. CICIO POP ((L. S. A. D.) Secretary, Nicolae S. Rusanescu This law was voted on by the Senate at its meeting on April 1, 1931 and was unanimously adopted by seventy-four votes. President, PROFESSOR TRAIAN BRATU ((L. S. S.) Secretary, N. N. Botez 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 of Industry and Commerce, Mihail Manoilescu Justice Minister Dr. Voicu Nitescu -------------