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

Read the untranslated law here: http://legislatie.just.ro/Public/DetaliiDocument/28370

Law No. 1,316 of 10 April 1931 to secure payment of work done in PARLIAMENT Published the ISSUING the OFFICIAL GAZETTE nr. 91 of 21 April 1931 to CHARLES II, by the grace of God and the will of the national team, King of Ramaniei, all of the face and future Legislative Assemblies, health: voted and adopted, and we sanctionam what follows: chapter I General article 1 Disputes Dispoziţiuni of "skilled craftsmen — Internet" or "patrons" or "small and medium industrialists ' and their customers, as well as those of artisans or craftsmen, owners of small-scale industrialists among themselves , or between them and their employees concerning the non-payment of work done or payments made in due time, the failure to perform the work in accordance with the undertaking, the quality of the materials used or the failure of any other clauses of convenţiunea works, accessories or work, by any of the Contracting Parties, shall judge an "Arbitration Comisiune", after the rules of law.


Article 2 for the purposes of art. 1 above the provisions of the law shall enjoy the presence of the following: (a)) of the old Kingdom artisans Patrons and subjects of law for Bessarabia dispoziţiunilor organization of trades, credit and insurance workers of 9 Fevruarie 1912, patrons in Transylvania and Banat medium subject to the provisions of the law of 18 May 1884, medium patrons, subject to the provisions of the industrial code 1886, amended in 1907;
  

b) Small-scale industrialists who use no more than 40 workers, journeymen, apprentices or practitioners, a driving force of less than 50 h. p. Incl.;
  

c) Entrepreneurs works if they meet the same conditions as those from para. or (b);
  

d) possessing a skilled craftsmen — Internet card issued by those authorities mester;
  

It's composed of) companies singled out in the above paragraphs;
  

f) Customers to those paragraphs above dela, for disputes under article. 1;
  

g) Employees-workers, journeymen, apprentices, s. a., those referred to in the paragraphs above, for disputes under article. 1. Article 3 of the law of Quality of litigant submissive face under paragraphs above shall be fixed by the book for Madiba, or through a certificate issued by the Chamber of Commerce, the Chambers of crafts or the General Unions of small industrialists or craftsmen, recognized as legal persons and will have a length of at least 5 years.
The quality of the employee shall be established by certificates issued by the labour inspectorates, the Chambers of labour, which will issue the certificates, or the professional associations of employees recognized for corporate clients and who will have a length of at least 5 years. Exceptionally the General Unions small industrialists or craftsmen who have a legal personality at the time of promulgation of the law dispensation of the term are less than 5 years.


Article 4 the Arbitration Board established under this Act is binding for all parties and for everything that concerns the matter. 1, or advertisement of the small-scale industrialists or craftsmen, patrons can look in art. 2, either by the customer or by the employees.


Chapter 2 section I the arbitral Comisiunea composition of the Arbitration Commission Article 5 in addition to each court of urban detour and advising each tribunal will operate an arbitral comisiune consisting of: 1. A President who will be judge President respectively of detour court or first President, courts with multiple sections, or their substitutes.
2. A delegate member applicant.
3. A member of the respondent's delegate.
Comisiunea will be assisted by a clerk or clerk helper, a delegate from the District Court or the Court concerned.


Article 6 skilled craftsmen — Internet, patrons or small and medium industrialists will choose their delegate of their professional organisation specialists, whose lists shall communicate each year to the courts and tribunals of the institutiunile and professional asociaţiunile. 3 and they will keep the graft Commission for arbitration.
Customers will choose their delegate of citizens, which inspire confidence and who enjoy the exercise of all civil and political rights.
Where the arbitral comisiunea will be forced to be completed, in accordance with aratarilor below, the choice will be made by the President, all of the lists referred to in the first paragraph of this article.
The election of delegates shall be by action of petitiunea introductory by the complainant and by petition filed at the registry of the arbitral Commission with at least 3 working days prior to the judgment by the respondent.
With the appointment of delegates, each Party shall indicate and one alternate, under the same conditions, that will replace the need to delegate.


Article 7 when the delegate of one of the parts missing and missing and alternate, Comisiunea will be given to one term, when the process is going to judge in any case, the delegate is absent from the Office, being replaced after the rules indicated in art. 6. In this case, if it causes divergence between the Chairman and the delegate is present, the delay at a near term, for which the Comisiunea must be completed with a second delegate appointed ex officio, rules referred to in the previous article, the aflătoare of the registry, through the discharge signed by the President.


Article 8 before entering the pricinii judgment for which he was appointed, every delegate will make in front of the President, public meeting, the following oath: "I swear that I will perform with the faith, without any bias or hatred for any of the parties, the Mission of judge delegate in this process".
The oath shall be filed in the forms stipulated by the civil procedure. About sworn in generally shown will make speech in the minutes of the meeting.


Article 9 In the event of a postponement of the trial, Comisiunea will compose the future members of the same delegates. The case, Comisiunea will be able to complete with the alternate delegate lack or even with another delegate designated by the applicant, with at least 3 days before the deadline.
Also, if one of the parties had no previous or delegate at the meeting, Comisiunea will be able to complement and with its delegate, all with at least 3 days prior to the judgment pricinei.


Article 10 Chairperson and members of the Arbitration Commission may object: a) the President, for the reasons of objection stipulated by the civil procedure;
  

b) members for the same causes as delegates and Chairman of and whether employees are administrators or any of the parties.
  

His challenge will be able to propose and verbally, and she is going to judge in all cases by the Commission President.
If no objection shall be allowed to any delegate, it will be replace by or alternate; If it is recuzat will appoint another delegate in generally provided for in art. 6. If the Commission finds President, at the request of one of the parties, as he himself is recuzabil, it will also decline jurisdiction and will arrange for the sake to be replacement or judgment, or failing that, be submitted to arbitration comisiuni towards another retrial.
If the application for objection is rejected, it will make a reasoned statement in the minutes of the meeting, which will not be able to attack than with substantive judgement, appeal.
In case of breakage on this reason, the Court of appeal will evoke and judging Fund.


Section II article 11 Competinţa Comisiunile Comisiunilor Arbitration Arbitration advising the courts of wards will judge in first and last instance court disputes. 1 of the law face up to 50,000 lei including value.
Comisiunile arbitral tribunals, advising the judge on the first and last court disputes. 1 of the law of value before the dela 50,001 up to 1,000,000 lions and Lions.
Causes of excess amount of 1,000,000 lei competinţa remain in the ordinary courts, after the common law.


Article 12 in respect of competinţa in terms of the place, the application will be able to: 1. straighten The comisiunea constituency that stands in place of residence of the defendant or of one of the defendants if they are many.
2. The comisiunea in the constituency which has carried out the work.
3. At comisiunea in Vienna which ended in convenţiunea, or in the constituency which was to be used for the payment.


Section III Procedure and judgment before Arbitral article 13 Comisiunilor request for judgment summons shall address the President of the Commission and shall include: 1. name, forenames, domicile or residence of the applicant, and of the defendant.
2. the object of the application and its value.
3. Indicatiunea lămurită of the reasons of fact and law on which it is based.
4. Showing evidence relied on either end.
5. Name, surname, profession and address of the delegate and Announces.
6. Signature of the applicant or representative. It will attach to the petitiune, and a certified copy from the mandate.
The request will be made in as many copies as many defendants are, plus one copy for the comisiune.
If the applicant is served and acts, they will join in addition to copy petitiune, in as many copies as many defendants are, plus a row of children for the Commission.
If the applicant invoke sample testimoniala will look unraveling name, surname and address of the witness, in the application of the original judgment.


Article 14 the President of the Commission, as soon as it receives the request, it will check that it is well directed, pursuant to article 5. 11 and 12 of this law.
At the same time, in its sole discretion, will find a fill after arătările plaintiff;

It has its registration and will fix a time limit for judgment given in the knowledge of the complainant and that it will not be more than 10 days when residing in the locality, show 15 days when living in another locality in the country, and 1 month when residing abroad.
Will then immediately ordered the communication of a copy on the action and acts annexed to each respondent, with the summons and with invitatiunea for it to look into writing, with at least 3 days of the period of notice, name, surname, profession and domicile or delegate, attracting the attention of as in case comisiunea will be closer only with ex-officio delegate according to art. 6. Article 15 Procedure for summoning the parties, witnesses and parties to show delegates, as well as children's communication action and will make for a pending arbitration causes the Comisiunile of courts of detour through police or gendarmerie stations; and for those pending before the arbitration Comisiunilor advising the courts, through agents advising each tribunal.
Parties and witnesses may be present and without subpoenas, with the obligation to establish his identity in court.
Delegates also proposed can be presented without citatiune, but merely to the interested parties.


Article 16 on the day of the presentation, the parties can present themselves in front of the Commission, either personally or through a representative, be assisted by a lawyer.
Before the comisiunilor of the judges, the parties may be assisted by a representative from the professional organization recognized moral person, of which meseriaşul or small industries.
Assistance is not mandatory, however, and the lack of assistance cannot give place to snooze.


Article 17 Comisiunile arbitration judge causes data in their competinţa through this law, according to dispoziţiunilor that will take you through the regulation, even in the absence of the parties, on the basis of the reasoned action of the plaintiff or of memories by lodged by any of the parties.


Article 18 before entering the desbaterea process, Comisiunea is bound to propose peace parties. If the proposal is accepted by both sides, Comisiunea will find the conditions of reconciliation through a protocol signed by the parties and will give a resolution of makeshift therefor.


Article 19 the parties may invoke before the Commission, all means of Defense and probation as provided for in the common law. Comisiunea is responsible for proposing, on its own initiative, the desbaterea parties, any defence or evidence, which you will need in order to solve the dispute thinks.
Sample testimoniala to prove the Convention will be able to be admitted without any restricţiune, up to the amount of 10,000 lei.
Dela 10,001 lei up sample testimoniala will be admitted only on the basis of written test or beginnings when the work over which the gate has already been executed litigation.


Article 20 the counterclaim and the call in guarantee are admissible rules of general law, the derogation as they need to be submitted only to the first appearance.
Upon these requests through Comisiunea will resolve the same decision.


Comisiunile arbitral article 21 law judge industrial and failing, according to dispoziţiunilor of the civil code.
In case when the parties agree, arbitration will be able to judge the comisiunile of question, on the basis of equity.


Section IV decisions and ways of attack Article 22 arbitral Decisions Comisiunilor will rule in public sitting, non-opoziţiune and without appeal.
They can attack with appeal for violation of the law, comisiune, excess of authority and gross error in fact and in all the other cases provided for by art. 30 of the law of the Court of Cassation and justice of 20 Decemvrie 1925.
The appeal by the tribunal shall judge for Comisiunile database decisions of arbitration courts of the detour and by the Court of appeal that, when the decision was handed down by a Comisiune of the arbitral tribunal.
The time limit for appeal is 8 days off Dale communication decision.
The appeal shall be lodged with the Court which pronounced the judgement and that it will go forward without delay, together with the background and all the paperwork at the courthouse or Court jurisdiction.


Article 23 in the case of a Tribunal or Court of Cassation will evoke and judging Fund.


Article 24 notice of appeal is not suspensive.


Article 25 the President of the Commission will be able to grant, on the basis of the Conference hold its appeal a security of at least one third of the amount specified in the decision or of the value of the dispute, the decision of not condemning to the payment of a sum of money, to suspend execution until the judgment on appeal.
If the entire amount should be provided in the resolution or the value of the whole of the dispute, the suspension becomes mandatory.


Article 26 of the Commission's President will also be able to require, before the judgment Fund, any relief measure or useful; hand-made objects, either be on tools, machinery or materials, allowing the small industries has their teaching, where they are retained by the customer in receipt of small-scale industries.


Article 27 Comisiunilor final decisions on arbitration shall invest the enforceability, by the President of the Court which pronounced them and will be run after the rules of procedure, either by agencies that have these debt collection, for the courts of detour, either through portareilor body.


Article 28 Complaints to enforcement will address the President of the Commission who invested what is decision.
They will judge the President, after the civil procedure rules.
The data in these appeals decisions are final. They may be subject to appeal under the conditions and pursuant to the procedure of appeal against judgments for face comisiunilor arbitration.
If the appeal is allowed, the President will set a new deadline and will summon comisiunea to judgment Fund law rules.


Chapter 3 Dispoziţiuni.


Article 29 Those targeted at art. 1 and 2 have the privilege for the cost of work done "and for paying the employee's labour" on the object made.
For work performed at construction sites, small industries, meseriaşul patron and entrepreneur keeps without any inscriptiune, a privilege on the object made, until full payment, without the need for training of reports required by c. c.


Article 30 Comisiunile arbitration will have the necessary records and an independent archive from that of the Court or Tribunal to advise works.


Article 31 Actions entered pursuant to this law, the arbitral Comisiunile of courts and reconventionale applications, detour made from these actions are exempt from income tax in proportion as provided for by the law with her stamp changes up to the amount of 50,000 lei including dispute. These actions are not exempt from paying stamp duty and fees for actions, requests, copies, subpoenas, etc.
What will constitute the Fund from registration duties to actions whose value passes 50,000 lei will go into the budget of the Ministry of industry and trade, at the validation fees chapter petrolifera and will serve exclusively to the payment of allowances to members of comisiunilor.


Chapter 4 final provisions Article 32 A Dispoziţiuni Regulation shall lay down in detail the operation of the arbitration Comisiunilor, established by the law of the face, as well as the Organization and functioning of the Commission and these archives.


Article 33 dispute settlement provided for in this law shall apply in addition all dispoziţiunile common law which are not contrary to the law of dispoziţiunilor face.
This law was voted by the Assembly of deputies at its meeting on 1 April 1931 from the rock and has been adopted by a majority of one hundred thirty-two votes against four.
President, St. GEORGE PAL (L. S. D.)
Secretary, Nicholas s. Rob this law was voted by the Senate at its meeting on 1 April 1931 dela and adopted unanimously by the seventy-four votes.
Chairman, PROFESSOR TRAIAN BAHADUR (L. S. S.)
Secretary, n. b. Baptism Promulgăm this law and categorise them as it is vested with the seal of State and published in the Official Gazette.
(L. S. St.)
CHARLES Minister of industry and trade, Minister of Justice [1] Dr. Voicu Naidu — — — — — — — — — — — — —