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Law No. 93 Of 13 April 1933 To Organize Land Cadastre And For Placing Of Books Funduare In The Ancient Kingdom And Bessarabia

Original Language Title:  LEGE nr. 93 din 13 aprilie 1933 pentru organizarea cadastrului funciar şi pentru introducerea cărţilor funduare în Vechiul Regat şi Basarabia

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LEGE no. 93 93 of 13 April 1933 for the organization of the land cadastre and for the introduction of funduary books in the Old Kingdom and Bessarabia
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 90 90 of 20 April 1933



CAROL II, Through the grace of God and the will of the National, King of Romania, To all present and future, health: The legislative assemblies voted and adopted, and We sanction what follows: + Part I Land cadastre and funduary books + Chapter 1 General provisions + Article 1 The cadastral and funduary book regime is established for all land properties. + Article 2 The land cadastre comprises the description of all land properties and their topographic representation on maps. + Article 3 The funduary book includes the description of land properties with the showing of real estate rights. Personal rights, facts, or legal relations in connection with the goods contained in the funduary book, will be entered in the funduary book, only in cases when the law expressly provides for this registration. + Chapter 2 Law enforcement bodies A. For cadastre + Article 4 The technical cadastre works will be carried out by the Ministry of Agriculture and Domains in directing, in the enterprise, or how it will be more advantageous for the State, based on specifications made up by the Cadastre Directorate and approved by the Minister most. late until the end of January of each year. B. For the funduary book + Article 5 For the drafting and judicial administration of the funduary books, the courts of the constituencies of the Bucharest Court of Appeal, Chisinau, Constanta, Craiova, Galati and Iasi led by a judge between the judges in operation, a funduary book director, a funduary director's aid and the necessary staff. + Article 6 Besides the Ministry of Justice will operate, from the promulgation of the present law, a council of funduary books made up of four jurists appointed by the Ministry of Justice and a cadastral engineer appointed by the Ministry of Agriculture and Domains, with indebtedness to give the Ministry of Justice opinions on the necessary norms, directives, instructions and regulations, completion of the drafting, rectification and commissioning of the funduary books. The Ministry of Justice can hire and give delegation to retired magistrates and former officials in the service of funduary books, for the application of the provisions contained in articles from 39 to 42. + Part II Land cadastre + Chapter 1 General principles + Article 7 The purpose of the land cadastre is: a) To procure the elements necessary for the establishment, completion, rectification or reconstitution of the funduary books and their maps; b) To create a just basis for the establishment of public contributions on land properties. c) To facilitate the execution of agrarian reform, settlement and property merging works; d) To give security to the transactions on the buildings and to facilitate the land credit; e) To know the extent and economic value of the real estate of the State and the individuals. + Article 8 The essential parts of the cadastre are: a) Cadastral maps, their plans and sketches; b) Cadastral register; c) The files on which the cadastral inscriptions were made, and d) Cadastral indexes. + Article 9 The cadastral works will be done on the communes. Each commune constitutes one or more cadastral territories. Land property is counted within the meaning of this law, part of the natural surface of the soil, which is separated from the neighbouring parts by a stable and visible delimitation or by boundary of exploitation, differing from the neighbouring parts by way of of culture or use. Each land property is drawn geometricis in the land cadastre. The land property thus drawn is called the plot and is individualized by a number. The land in the same properties, if it does not exceed 100 sqm for vineyards, gardens and unproductive land, or 800 sqm for the other properties, will not form a plot, but will unite to a neighbouring plot of the same owner with whom he has a Closer identity in terms of cadastral income. But if this land presents a historical interest, or is encumbered particularly tasks, it will form a distinct plot. + Article 10 The land property will be indicated after the following branches of culture or use: A. Buildings with cadastral income, that is, buildings that are mainly subject to public contributions according to their economic destination, are divided into: a) Arable; b) Faneata; c) Gardens; d) e) Passions; f) Forests, zavoaie (bcles); g) Trestis (stufaris); h) Balti, natural and artificial lakes as they do not enter the provisions of point B. B. Buildings without cadastral income, namely: a) Cladite and courtyards; b) Non-productive land, puddles, swamps, natural or artificial lakes in as much as they do not exploit economically, or do not bring any income by exploiting fishing or peat. + Article 11 The files of the land cadastre are public. Officials charged with keeping them will make them available to those interested, who will be able to research them only in the presence of the official. They will free certified children if the petitioners pay the fees set by the Ministry of Agriculture and Domains. + Chapter 2 Cadastral operations + Article 12 The cadastral operations of measurement, necessary to achieve the land cadastre, will be made according to the plan of the Ministry of Agriculture and Domains. The geodesy works will be executed according to a special regulation. The technical cadastral operations started can only be interrupted at 15 Decemvrie and restarted on 1 March. The detailed works will be carried out according to the approval of the Ministry of Agriculture and Domains, based on the technical opinion of the Framework Directive, by any graphic, numerical, photogrammetric or combined method. Measurement and mapping operations, will be done and where they exist, will be rectified based on the metric system. + Article 13 For the execution of cadastral technical works, the State is in the right to use, without compensation, any particular buildings for the purpose of placing triangulation signals, geodetic pyramids, polygoning, measuring and leveling. He can express the portions of land necessary for the settlement of geodetic signals when the owner of the land would object to this settlement. The procedure will be that provided for in the expropriation law for the cause of public utility. + Article 14 The cadastral technical delegates and their helpers tasked with the triangulation operations with signals or pyramid constructions, in the operations of measurement, classification, revision or control are entitled to have access to foreign buildings. and get soil samples needed for chemical analysis. A. Fixing of communal decisions and perimeters + Article 15 The delimitation of the communal decisions will be made according to the provisions provided in the law for the organization of the local administration The Ministry of Agriculture and Domains, the Framework Directive, will keep at the disposal of the administrative commissions of communal delimitation, its delegates, for all necessary technical references and works. + Article 16 Where the communal borders are established and uncontested by the parties, thus remaining final, either by not testing the works of the delimitation commissions, or by exhausting the remedies provided by the administrative laws, the delegate of the cadastre will execute the outline of the decisions, meaning the points fixed and will record in its minutes and their topographic description. The communal borders will be marked with delimitation stones, cadastral type, stable and visible, after which the plot will be carried out. The cost of the stones to delimit the judgments will be borne obligingly by the municipalities concerned with the delimitation to the extent of their interests. B. Cadastral Measurement + Article 17 The delegated engineer will communicate to the city hall at least 30 days before the start of technical operations The mayor will notify by display and by means of regular advertising in the commune the owners of the land to present themselves in person or through their authorized trustees to give clarification regarding the identification and limits of possessions. + Article 18 Before the start of the plot measuring works, the communal authorities will draw and land on the ground through visible and stable signs the exploitation roads and the roads of the borders, and the owners of the land properties will be fixed by visible signs the limits of their possessions. The communes will provide the delegates and commissions free of charge with the necessary offices, providing them with the opportunity to work. + Article 19 The delegate of the Framework of the Cadastre assisted by two delegates of the city hall, listening to those interested, will proceed to: a) Identification, measurement and delimitation of land properties, as well as the establishment of real estate holdings in the commune; b) Finding the agreement of the neighbouring owners on land decisions; c) Registration of foreign disputes and the stipulation of litigious portions in case misunderstandings arise between the neighbouring owners. In the case of such misunderstandings the cadastral engineer will fix both provisional borders of contentious surfaces. d) Preparation of the cadastral parcel plan of the commune and alphabetical and topographic indicator of the owners. The village of Mosneni, the village obstiile, as well as the other collectives of persons, who without forming a association of a legal person are of common knowledge under a collective name, will be registered in the alphabetical indicator with the name collective; all at once a painting will be made according to the judicial decisions and the special laws in force, with the names of the individual persons, who together constitute the collectivity, noting in the right of each devalmas and the part due, determined in fractions, in relation to the whole. This painting will be annexed to the alphabetical indicator of which it is an integral part If individual persons, who constitute the collectivity, possess the building in divided parts, it will also be noted in the painting; The minutes will be concluded about all the works. C. Checking and receiving works + Article 20 The Ministry of Agriculture and Domains, through the control staff, will check the technical measuring works, executed by the delegated engineer. This verification will also be possible in stages, before the completion of the plot measuring works to the extent that the engineer has completed his work in the commune, or in a part of it. + Article 21 After checking the cadastral works in a commune, on the ground, the delegate of the cadastre will make known to those interested the plans drawn up so that they can ask for possible rectifications. D. Land cadastral register + Article 22 After the end of the cadastral operations on the ground, the cadastre delegate will calculate the surface of the measured buildings and will draft in the order of topographic appointments, the land cadastral register. It will be drafted on the communes and will be completed by the classification commission provided by art. 29. + Article 23 The land cadastral register will essentially include the following: a) The topographic number of the parcels and the indication of the boundary part in which it is located b) Culture branch according to the indications from art. 10, class and improvements on real estate; c) Area of plots in hectares and sqm; d) Cadastral net income; e) Name and pronouns of the owners, possibly their nickname and domicile. + Article 24 A copy of the cadastral register with its annexes and with the original cadastral plan will be kept in the archive of the Framework of the Cadastre. The second copy together with the cadastral plan and with the topographic and alphabetical indicator of the owners will be handed over to the judge for the drafting of the funduary book sheets. With this occasion will be handed over to the court and the minutes and the sketches regarding the disputes regarding the limits of the neighbouring properties, found on the occasion of the measurement. The third copy of the cadastral register, together with the possession plans and the alphabetical register of the owners, will be handed over to the cadastral commission for the classification and evaluation of the properties, in order to complete. + Chapter 3 Rules and cadastral works of classification + Article 25 In order to establish cadastral income, the Ministry of Agriculture and Domains will fix on the country evaluation regions after taking the opinion of the Chambers of Agriculture. Regions are divided into areas by soil, climate, communication and economic links. In each area and for each branch of culture, model land is designated for determining the quality classes of the plots. The number of quality classes inside an area cannot exceed eight classes in a branch of culture. Each land property with cadastral income will encompass in a quality class by comparison with model lands. + Article 26 The parcels having an area up to 5,000 square meters will be included in a single class resulting from the average of the classes that compose them. The temporary improved properties will be classified in the same way as the adjoining properties. The forests formed by a single body less than 30 ha, will be considered as a single class after the appropriation of the soil, the density and essence of the trees in the classified body. The forests formed by a single body of more than 30 ha, with significant differences in the value of the soil, the density and essence of the trees will be considered as part of several quality classes. + Article 27 The Ministry of Agriculture and Domains will publish on the regions the cadastral income in the quality classes established in the classification areas for each branch of culture, taking as the basis the average income of the model land. The cadastral income is the net gain that remains for the owner of the property after the decrease of the usual expenses in the classification area and necessary for the soil and production in the economy system of the majority of the owners. The calculation of these expenses will not take into account the individual material situation of the owner nor the tasks that encumber the building. When assessing the income of some plots that entirely or only partially are arranged with more important defense or improvement installations (flood defense embankments, irrigation or drainage installations, banks defences and other equipment). Iases, etc.), and which advertise a permanent maintenance and operation expense, will also be added to this expense at operating sites. + Article 28 Provisional changes made to crop branches on a plot will not form object of procedure or cadastral modification. Only the vineyards, destroyed by harmful insects, cryptogamic boals or other circumstances, have been abolished and destined for another culture, as well as land destroyed by floods, as they would have been completely changed. their composition. If the vineyard is restored, its owner is obliged to declare it at the communal town hall within 60 days from the start of the restoration works. City Hall will inform the respective cadastral service + Article 29 The Ministry of Agriculture and Domains, the Framework Directive, after the end of the technical operations, will order within two months at the latest the execution of the classification works on the ground. The field classification works will be executed by the cadastral classification commission composed of: 1. Delegate of the cadastre as president. 2. The Mayor (President of the Interim Committee) or his replacement, together with the members of the local agricultural committee. 3. Notary of the commune as secretary The start of the commission's works will be announced through the town hall, after the forms used in the locality, 30 days before The commission's work is public. Those interested are obliged to give it all the clarifications it will need. The works of the commission will conclude minutes in two copies, of which one will be kept in the communal archive as a document in connection with the classification of land cadastral properties, and the second will be handed over to the Cadastre's Directorate. + Article 30 Those dissatisfied with the assessment of cadastral income will be able to make within 30 days a reasoned welcome to the county agricultural assessment commission, consisting of the cadastral assessment inspector as president, from a delegate of the Agricultural Chamber and a delegate of the financial administration. The Commission shall assess the assessment errors taking into account the quality of the soil and the area in which it is situated. Against the decision of the County Commission those interested will be able to meet within 30 days from the communication of that decision through the administrative bodies, at the Ministry of Agriculture and Domains. + Article 31 The classification and cadastral identification works, remaining final, will be submitted-by the first commission-Evaluation and cadastral identification Inspectorate for their completion with the established cadastral net income. After their completion with the established cadastral net income, a copy of these works will be submitted to the financial administration for fixing the agricultural tax, and another copy will be handed over to the communal town hall. The original documents will be kept in the archive of the Framework Directive. + Chapter 4 Penalties relating to cadastre + Article 32 The one who will destroy or move the signs of delimitation or measurement is obliged to return to the State, the communes or those interested the expenses made with their restoration. The offender will pay the civil party and damages. Those who will oppose the orders given by the competent authorities, relative to the cadastral works will be punished with a fine of 1,000-10,000 lei and special damages to the Ministry of Agriculture and Domains. They will also be able to be prosecuted according to the codes in force. + Article 33 If one or more members of the commissions provided for in the present law, without thorough reason would not present themselves at the fixed deadlines, thwarting or hampering the works by this lack, they will be fined up to 200 lei in rural communes and up to 500 lei in urban communes and municipalities. The extra expenses arising due to the postponement of the works of the commission will be borne by the member who was absent. + Article 34 Judicial police officers, as well as cadastre delegates will find through minutes, contraventions to the present law, submitting them to the court to decide. The contravention minutes cannot be annulled for the vices of form. Within 10 days free from the communication of the decision you can appeal to the court of the place where the contravention was found. He will be motivated by the petition of appeal under the penalty of nullity. + Part III The funduary books + Chapter 1 The constituent parts of the funduary books and their contents + Article 35 The funduary book will include, apart from the title, three parts: I. Description of the building and inscriptions regarding the building; II. Inscriptions regarding the property; III. Inscriptions on tasks. + Article 36 The funduary book sheet contains one or more funduary book bodies. Any immovable that in nature or with regard to the economic purpose pursued by the owner, forms an economic unit, may constitute a funduary book body. Several buildings belonging to the same owner will be able to constitute a single funduary book body, when they are not engraved with different tasks and have common boundary points. The same owner can have several buildings registered on different funduary book sheets. The co-ownership of the buildings that are subject to a funduary book body will be entered into fractions determined in relation to the whole. Each fraction thus determined, forming a distinct property, will be able to be encumbered separately with tasks. If a change register or from the acts submitted by the parties would result that the property-the object of the research-would be the property of two or more persons in fractions determined in relation to the whole and that these co-owners would find, however, in the possession of distinct territorial parts, at the unanimous request of the co-owners will be formed from the plots that are in possession of each one a funduary book body, enrolling in a separate sheet or adding, on request, to the existing land body for the same person in the same register. The buildings on which there are individual property on floors or apartments, will form so many funduary bodies that are individual properties. Such buildings will be entered in a special sheet and will not be able to be met with the other properties of the same owner. + Article 37 The buildings that according to the civil law norms in force are part of the public domain and serve to use all, will be entered in the supplement of the funduary book of the commune. They will not enroll in the funduary book: a) The furnishings of the railways of the State, as well as of railway undertakings for public utility; b) Imobiles subject to the mining regime. + Article 38 The registration of the buildings in the funduary book will be made only on the basis of cadastral works and their plans, based on the official measurement of the cadastre. + Chapter 2 The draft of the funduary book register A. Work of the Judge + Article 39 After receiving the land cadastral register, the cadastral plan and the topographic and alphabetical indicators of the owners, the judge notifies the Ministry of Justice, which, if the works provided by art. 7, para. 2, will order the making of the works of composition of the funduary books on the communes, delegating to this end a judge. Where the cadastral measurement works have been completed for several years, without having made up the documents necessary to write the funduary books, the Framework Directive will make up the measuring works and will prepare the documents without delay. necessary for the judge + Article 40 The judge will communicate to the communal town hall at least 30 days before, the date of the start of the works, asking it to make up a painting of the changes made from the composition of the acts of cadastre up to date in land possessions. The judge will check and identify the lands, comparing the plots in the cadastre's acts, with the new situation actually shown in the picture of the communal town hall. He will determine which plots of land can constitute by them the insile funduary book bodies, as well as the eventual names with which a funduary book body is known. The judge's proceedings will conclude minutes for their use when drafting the inscriptions relating to the property. The judge will also gather the necessary data from the registers of inscriptions and transcripts and from the property registers, as well as from the final decisions given in terms of agrarian reform. + Article 41 The judge-delegate, assisted by the Registrar, shall determine: a) Rights in connection with the possession of the property, as well as rural and urban services that encumberate it; b) Property rights, co-ownership, individual property, on floors or apartments, as well as restrictions on the ability of the owners. About his research and establishment, the judge will conclude the minutes signed by those interested, invited for this by the communal town hall, through the forms used in the commune. The judge will appoint the representatives of those incapacitated owners, who must be quoted and whose legal representatives are not known, or if they cannot appear, they did not appoint trustees. Not depicting one of the persons cited, the magistrate who leads the research, will appoint them a representative, if the course of the works requires it. + Article 42 After completing the research and the checks, the judge-delegate will make the provisional inscriptions relating to the possession and to the property. The inscriptions relating to the tasks will be done only for rural or urban servitude and for the tasks not tested by the parties. A copy of them, together with the topographic and alphabetical indicators, with sketches and cadastral plot plan, with the minutes trained on the research done, will be submitted to the court, the funduary Book section, and the second copy to the the communal town hall, so that interested parties can take note of the inscriptions made. B. Completion and rectification of provisional inscriptions + Article 43 The Court, the funduary Book section, receiving the documents, invites you by the ordinance inserted in the Official Gazette and in the County Gazette, such by display at the headquarters of the communal mayoralties on all those interested to formulate their reasoned objections relating to the inscriptions in them, within 3 months from the date of display. The court appreciating, will extend the term for another month. The communal town hall, through all the usual advertising means in the locality, will notify those interested in the contents of the court order. + Article 44 After the expiry of the term, the funduary book judge will proceed to examine the pleadings filed, moving to the locality. The objections against the accuracy of the inscriptions based on any public and private acts may be filed both at the court and at the town hall or made verbally before the judge. The City Hall will immediately transmit the applications with all annexes. If these objections are based on acts that were not known when the first investigations were made, measures will be taken for the perfect clarification of the inscriptions made. Finding the right objections, the necessary additions or rectifications will be made. The result of the investigations as well as the decision taken by the magistrate will be recorded in the minutes. With this occasion will be settled by the judge and disputes concerning the limits of neighbouring properties, according to the common law. + Article 45 After the end of the procedure shown in the previous article, all the documents will be submitted to the section of the notary court, or in absentia, to the one designated by the first The tribunal will examine whether it has legally done its research and as far as it finds deprivation, it will take provisions to remove them and if necessary it will order new research, and the acts in rule will be submitted to the court for drafting The funduary book project. + Chapter 3 Declaration of projects as legal funduary books + Article 46 The funduary book projects will be submitted to the control commission next to the court, if they find them made up according to the provisions of the present law, regulations and instructions will declare them by presidential ordinance, published in The Official Gazette and displayed at the headquarters of the communal town hall and the detour court as legal funduary books and will order the start of the rectification procedure. + Article 47 The order of the Tribunal will show the territory for which the funduary books were drawn up, the judicial constituencies, the place where the funduary books will be examined by those interested and the date from which they are declared legal funduary books. The ordinance will also make it known that starting from the day shown, the property rights, the mortgage or other real rights on the buildings registered in the funduary book cannot be acquired, edges, transfer to other persons or abolish only by enrolling in the new property register. The ordinance will also contain the injunction to make the statements shown in the following article; it will indicate the court at which the statements will be filed and fixed the term-which will not be longer than ten months nor shorter than 4 months-indicating precisely the day in which the term expires; it will show that non-compliance with the term will have as a legal result the loss of the right to capitalize on the claims subject to the declaration against third parties who have in good faith made in the new funduary and remaining unchallenged books. + Article 48 They will be ordered to make statements: a) All persons who, having a earned right before the day of the inauguration of the funduary books, would claim an amendment to the inscription regarding the property or possession ratio, regardless of whether that change should be made by detachment, soldering or transcription, by changing the characterization of the buildings or otherwise; b) All persons who have acquired before the day of inauguration of the funduary books rights of mortgage, servitude or other real rights, on the buildings registered in the register, in as far as these rights are not registered with the occasion of establishment new registers, will be able to be inscribed as "old tasks". The obligation to make the declaration subsists and if the right subject to the declaration is invedered in the register of property or in a register of transcripts or inscriptions, in the register of the sheets of endowment or tracking, or in a decision, the sentence or other judicial decision, or if the party has entered into a court an application for that right. The ordinance will have to expressly mention the latter provision. + Article 49 The statement made according to the provision of art. 48, the letter a, will be mentioned in the funduary book. If the proof was not made that the process was started on the object of the statements, the public debate will be ordered, both with the persons against whom the declaration was made, and with the persons who according to the content of the legal in question. + Article 50 This debauchery will be possible to order for clarification of the case and on the spot, if no agreement is reached, the parties who asked for the amendment of the inscription will be guided to the trial, giving them for the introduction of the action a suitable term. If the parties reach an agreement, the amendment of the inscription will be passed in the funduary book. + Article 51 The statement of the declaration will be deleted if the party has lost the time limit for the introduction of the action or if the action has been definitively + Article 52 They have the value of a land inscription all the inscriptions existing on the date of the inauguration of the funduary books, if it was not declared within the deadline fixed by the ordinance no pretence contrary to the inscription, or the introduction of the action, or if the action was definitively rejected + Article 53 The statement made according to the provision of art. 48 the letter b must show the rank of the alleged right, as well as the funduary book body on which the inscription must be made, indicating the number of the sheet of the funduary book. The declaration will also show the basis on which the claimed right and rank are supported; the supporting documents will be presented or shown where they are submitted or entered. + Article 54 Rights declared as tasks, in accordance with the provisions of art. 53, will be inscribed with the showing of the alleged rank on the land body respectively, under the inscription "old tasks". + Article 55 After the expiry of the term fixed in the first ordinance, for the declaration of rights as tasks, the Tribunal will publish a second ordinance. It will also show the territory over which the funduary book stretches and for which, following the ordinance of the first, the inscription of the old tasks was made and completed and will summon all those who by the existence or rank of an inscription believes injured in their rights, to make the appeal within the term fixed in the ordinance, adding that otherwise the inscriptions will have value of land inscriptions. The term will not be shorter than 3 months, nor longer than 6 months. The ordinance will indicate precisely after the calendar the last day of the term. + Article 56 The appeal made against the inscription of a right as a task or in charge of the rank will be mentioned in the funduary book. If the proof was not made that the trial was started on the object of the appeal, it will be ordered to open ex officio so with the persons on whom the appeal was directed, as well as with the persons who, according to the content of the funduary book, have an interest legal in question. By reaching the parties in the open course to an agreement on an amendment to the inscription, this amendment will be entered in the funduary book. If, however, the parties will not be able to reach an agreement, the court will decide which of the parties, whose claims have remained challenged, will be guided to the trial, setting it for this purpose a term that will be counted from the day the decision remained. Definitive. + Article 57 If the appeal was made, the party itself in favor of which the inscription was made, being guided to the trial, did not start the process within the fixed term or lost the process by the final sentence, the inscription radiates or rectifies, as existence itself, or only the rank of law, has been challenged. If the opponent being guided to the trial did not start the process within the fixed term, or lost the process by the final sentence, the mention of the appeal will be removed, and the inscription will earn the value of a land inscription. + Article 58 They have the value of a land inscription and the inscriptions that were made following a declaration, if within the term fixed by the ordinance no appeal was made against them, or in case of challenge and guidance at the trial, the part of lost the time limit for the introduction of the action or was rejected by a final decision. + Article 59 In the procedure of rectification of the funduary books, the remedies against judicial decisions shall be regulated by common law. + Article 60 The ordinances provided for in the above provisions will be published ex officio three times, each, at intervals of at least one month, both in the Official Gazette and in two or more of the most widespread newspapers in the constituency of the Court of Justice. Appeal and will be displayed and announced by the usual means in the communes for which according to the text of the ordinances the new funduary books were established. Apart from the publication of the ordinances, it will be taken care that the stakeholders are also clear on the importance of the rectification procedure. The measures provided by laws to defend the rights of minors, as well as those put under prohibition or assisted by a judicial Council, will be distinguished. + Article 61 The statements and appeals introduced after the expiry of the term fixed in the ordinance will be rejected ex officio + Article 62 In the processes to which the party was guided on the basis of the above provisions, the jurisdiction of the courts is regulated by common law. + Article 63 If on a real estate or a real right that encumbered that building is issued an extract from the funduary book, in a time when the rectification procedure with regard to that building is not yet finished, this circumstance will be shown in the free extract. + Article 64 After determining the procedure ordered by the above articles, the coals belonging to the same funduary book will be provided with the order numbers and related in volume. The pages of each volume will be numbered, their number will be indicated on the first page and certified by the head of the court, with his own iscaliture and the application of the seal of the office. Archive + Article 65 The files regarding the establishment of the fundure books will be kept in the archive of the competent court for keeping these registers Besides each funduary book will also keep the land plans for demonstrating the situation and configuration of the plots. It will also keep an index on parcels and owners. The documents and documents on the basis of which any inscription was made in the funduary book will be kept in legalized copy to the file of the funduary card in which the inscription was passed. Procedure for completing or reconstructing the funduary books + Article 66 The provisions of the procedure for the establishment of the funduary books will be applied by analogy and in the case when a funduary book is to be completed by the registration of a building, which is not yet registered in any register, as well as in the case when a book The rope or part is to be reconstituted, if it has been destroyed or become unusable. + Chapter 4 Provisions for Transylvania, Banat and Bucovina + Article 67 The existing cadastre institutions in Transylvania, Banat and Bucovina will be coordinated, subjecting them to the same rules and to the same regime, in compliance with the provisions of Articles 72 and 75. By reambulating the entire territory of these provinces, it will be reviewed, complete and as necessary as necessary, the triangulation network will be restored; work to identify all the land placed on the said territory will be reviewed and will be reviewed. enroll in the cadastre the observed changes in the configuration, extent and culture of the land, and the person of their owners. + Article 68 The changes observed in the configuration, extent and culture of land, as well as in the person of the owners, will be communicated to the competent funduary courts, which will proceed to the rectification of the funduary books according to the laws in force on that territory. + Article 69 If it were found that a funduary book in its entirety or for a significant part of it is entirely obscure because of the multiple changes arising either in the buildings or in the person of the owners, or for any other cause, the Ministry Justice, following the documented report of the funduary court and after the prior opinion of the competent tribunal, will be able to order even a new establishment of the funduary book of the commune, in whole or in part, applying in this case the provisions Present law. + Part IV Revenue + Article 70 The expenses necessary for the works of realization of the Land Cadastre and the composition of the funduary books will be covered from the following annual fees on the net taxable income of the buildings, namely: a) Of 1% for orchards with trees and vineyards; of 0,5% for arable land and bluster; of 0,3% for pasture, and of 0,5% on the housing value of cladite town buildings. New buildings are not exempt from paying this tax; b) From the taxes collected after the extraordinary works of the staff of the Ministry of Agriculture and Domains, c) Of the fines collected for the offences in connection with the cadastral works. The establishment of taxes on taxable income and on the housing value of the buildings built will be made by the communal municipalities, and their collection of state perceptions in accordance with the provisions of the law for the collection of public revenues. + Part V Final and transitional provisions + Article 71 From the date of publication of the present law, apart from the Ministry of Agriculture and Domains, no authority is in the right to provide technical provisions regarding the completion, rectification, reambulation, etc. of cadastral works. + Article 72 The cadastral works existing in the united lands of the former Austro-Hungarian Monarchy remain in force until they can be revised, reambulated and rectified according to the principles established by the present law. + Article 73 The technical works of measurement, plot, composition and in general any works in connection with the application of the agrarian reform laws, the regulation of the property in Dobrogea-Noua and Bessarabia, will be executed with the cadastral technical works provided In the present law. + Article 74 The current entrepreneurs of the Framework of Cadastre, authorized for topometry works, having at least the baccalaureate or equivalent studies according to the provisions laid down in the laws of secondary education, as well as those who are authorized for at least 10 years for these works, can be entrepreneurs for geodesy and cadastre works only after passing an exam in the specialty for which they have not been authorized so far, organized by the Framework Directive, with a program analytical approved by the Ministry of Agriculture and Domains. For the cadastre works can also be authorized the entrepreneurs and graduates of the S. I-a and S. II topometry, the decisive engineers who have worked until now agrarian reform works for five years. + Article 75 As the works of geodetic and parcel measurements are completely finished, all laws and regulations of the contrary to the present law are also repealed. The laws and regulations of the united lands, relating to the funduary books, remain in force until their review and unification and real estate law according to art. 137 of the Constitution. + Article 76 All the documents and memoirs necessary for the making of the funduary books are exempt from stamps until the date of their declaration as legal registers of property, as well as the documents in connection with the cadastral procedure until the completion works. + Article 77 Implementing regulations will thoroughly unravel the principles of the present law, also establishing the rules on the record of the land cadastre, its rectification and periodic verification, as well as the provisions regarding the coordination of books Cadastre rope. + Article 78 The present law comes into force from the date of its publication in the Official Gazette. This law was voted by the Assembly of Deputies at the meeting of April 8, 1933 and was adopted by a majority of one hundred six votes, against six. Vice President, VIRGIL GROSSU ((L. S. A. D.). Secretary, N. S. Rusanescu This law was voted by the Senate at the meeting of April 11, 1933 and was adopted by a majority of eighty-six votes, against five. President, N. COSTACHESCU ((L. S. S.). Secretary, I. Eftimie We promulgate this law and order that it be invested with the seal of the State and published in the Official Gazette. Date in Bucharest, on April 13, 1933. ((L. S. ST.). CAROL Minister for Agriculture and Areas, Dr. Voicu Nitescu Justice Minister, Mihai Popovici ----------------