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Law No. 33 Of 7 April 1934 For Liquidation Of Debts Of Agricultural And Urban Areas

Original Language Title:  LEGE nr. 33 din 7 aprilie 1934 pentru lichidarea datoriilor agricole şi urbane

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LEGE no. 33 33 of 7 April 1934 for the liquidation of agricultural and urban debts
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 83 83 of 7 April 1934



+ Chapter 1 Regulation of debts of agricultural debtors + Section I Determination and liquidation of agricultural debts + Article 1 A. Are considered agricultural debtors, Romanian citizens debtors, individuals, purchase obsties, legal entities of private law, which have no profit purpose, the founders of any kind and the wealth communities of former graniceresti regiments. of Caransebes and Nasaud, if they are owners, even apparent, from 18 Decemvrie 1931 until today, of any of the goods provided below: a) Real estate likely to be subject to agricultural tax, provided by art. 3 of the law of direct contributions, even if they were exempted by any of the legal provisions in force; b) Of dwelling houses, whatever their situation, if their owners are manual labourers of land. The fulfilment of the above conditions can be proved by all means of evidence from the common law, but, if written documents were invoked, they will not be opposable unless they have a certain date, and in Transylvania and Bucovina if they have power probative, according to local legislations. In view of the application of this law it is considered the property inherited after 18 Decemvrie 1931 by the debtors with legal vocation to the succession, as their property, from the moment of the purchase of these goods by the deceased. B. Agricultural debtors mentioned under par. a above, benefit from the provisions of this chapter, if they meet one of the following conditions: a) To live in an effective and continuous manner, they, one of the spouses or any of their parents or children, or one of the individuals, in a rural commune no later than 18 Decemvrie 1931; b) That their personal agricultural income, according to tax matrices, represent at least 30 percent of the total amount of their personal elementary income, which served to calculate their global tax for 1933. Of this total amount of income will decrease the income of the debtor's personal home, as well as an amount of lei 80,000 of his total income coming from lefts, pensions, allowances of any nature or free professions. In the calculation of the annual incomes of forests, plantations of fruitful trees and vineyards, exempt from tax, will be counted for forests, half of the income of the agricultural land in that region, and for vineyards and plantations of fruitful trees, will be You count your income as if it were in full production. + Article 2 Fall under the application of this article all debts of debtors, entering the provisions of art. 1, born until the date of 18 Decemvrie 1931, except those exempted by this law. Debts with posterior maturities promulgation of the law, will be considered maturing on the date of its promulgation. + Article 3 The amount of each claim will be the one existing at the date of the promulgation of this law, including the percentages still owed, calculated up to 18 Decemvrie 1931, on the basis of the law or the conventions, in compliance with the laws on the chamber and from this data, based on a simple percentage of 2 percent per year. + Article 4 Debts of debtors referred to in art. 1 shall be reduced by 50 percent of their established amount, according to art. 3 3 of the law. The debts thus reduced, will be paid in 34 quarterly rates, which will also include a interest of 3 percent per year, payable every 15 May and 15 Noemvrie of each year, the maturity of the first rate being at 15 Noemvrie 1934. Each of the first two rates will be 2.50 percent, and each of the other two following 3 percent of the reduced claim according to par. 1. The other thirty installments will be equal and will comprise the rest of the unamortized debt through the four rates above. The implementing regulation of this law will also include a primer painting for calculating rates. + Article 5 Debtors will benefit for any rate paid in advance by a reduction of 6 percent per year, calculated from the day of payment until that maturity. + Article 6 Debtors who will pay in full even one anticipated claim, in the first two years from the promulgation of the law, will benefit on the claim paid by a total reduction of 70 percent, provided that they pay in the first year at least 15 percent, plus the interest related to this percentage, of its total amount, as established by art. 3, under penalty of losing the beneficiary of this reduction. Also, debtors who will pay even only one claim, in the first five years from the promulgation of the law, will benefit from a total reduction of 60 percent on the amount of this claim, fixed by art. 3, provided that they pay each year at least 8 percent of this amount, plus the related interest rates at this percentage, under the sanction of losing the benefit of this reduction. + Article 7 For the application of this law it is considered as definitive the statements of asanation made by debtors under the regime of laws of 19 April 1932, 26 Octomvrie 1932 and 14 April 1933, they can still be added or modified in any way, with the exception calculation adjustments, which became necessary on the basis of this law. The debtor will be able to oppose any payment or subsequent settlement of the debt to the creditor. + Article 8 Agricultural borrowers owners of more than 10 hectares, as well as agricultural borrowers, owners of less than 10 hectares, who would also possess urban or suburban properties, likely to be subject to tax on buildings, which did not. statements of asanation, will have to make such statements within one month from the publication of the law. The statements of the owners of more than 10 hectares will be made at the debtor's home court, and those of the owners of less than 10 hectares at the court of the debtor's home. They will include an accurate showing of all debts of the debtor, his asset and all the income he has, as well as showing the current domicile of the debtor and the domiciles of the creditors shown in the statement. + Article 9 Statements made according to art. 8 will be sent by debtors to all creditors shown in them, within one month of the promulgation of the law, by recommended letters. + Article 10 Debtors referred to in art. 8, which did not make statements of asanation at the latest until the expiry of the term provided in that article, as well as all those who in their statements made according to art. 7 and 8, have in bad faith omitted some of their asset or shown fictitious debts, will lose the benefit of the present law. The downfall given after the request of any interested party will produce its effects to all creditors. + Article 11 Creditors will communicate to debtors, at their request, the total amount of the remaining debt of payment, according to the law, and the rate that the debtor is to pay, according to art. 4. This communication does not amount to a recognition of the creditor in respect of the debtor's right to benefit from the law. + Section II Tracking the amounts owed by the agricultural debtors and the deductions resulting from their non-payment + Article 12 The present law does not change the existing conventions between the parties in respect of the place of payment. In any case, the debtor will be able to freely apply by submitting the amounts owed to the perception or the Financial Administration and the receipt in term at the judge's home court, announcing on him by the recommended postcard. + Article 13 The pursuit of the amounts owed under this law will be made by each individual creditor. Creditors who do not have enforceable securities, but whose claim has been recognised in its existence, in whole or in part, by the declarations of asanation, will be able to proceed, within the limit of recognition, to execution, on the basis of a certificate of the court where the made the declaration, invested in enforceability. Enforcement will be done in all cases within the limits of the reductions provided by law. In order to obtain the enforceable securities for debtors ' debts, entering into this law, the cooperative societies will draw up tables, in which the debts will be specified, identifying the receivables, names, domicile of the main debtors, guarantors and guarantors and who will display themselves against proof at the mayoralties of the main debtors, giranti and guarantors, for rural communes and at the respective police constituencies for urban communes. These paintings remain final and constitute enforceable titles by themselves in compliance with the procedure and remedies, provided by art. 133, para. 2-5 including the law for organization of cooperation. The appeal will be possible for all cases, without the filing of any guarantee and stamps. The claims of the companies subject to these laws, will be executed, against the debtors decided for its benefit, according to the law for the cooperation organization. + Article 14 In case of non-payment of a single rate, even compared to one of the creditors, the unpaid creditor will be able to pursue natural or civil fruits, or income of any kind of the debtor. In case of non-payment at maturities of two successive installments, even compared to one of the creditors, the debtor will be of right fallen for the benefit of the term, compared to the unpaid creditor, and can be pursued on his assets, for the claim as he been reduced by the present law. Judges will, however, be able to grant a term of grace in case of destruction of at least half of the harvest, by fortuitous case. Debtors will be able to prevent the effects of decay at any stage of tracking, until the day fixed for sale, if they pay all the amounts due at that time, including expenses. In case of seizure of the debtor's crops, he will be able to ask the court that ordered the pursuit, as on the basis of art. 66 bis of the civil procedure of the Old Kingdom, order the sale on the legal ways of the seized crops and the distribution of the amounts between creditors. Creditors with challenged claims, but found by final decisions, given after the promulgation of this law, will not be able to execute or invoke the loss of the benefit of the term, against the debtor, if it will pay them all the rates due on passed, together with the legal interest rates, from the maturity of each installment, within 3 months of the final decision. + Article 15 If following the loss of the benefit of the term, even to a single creditor, one of the debtor's assets has been definitively adjudicated, by rejecting the appeal to the High Court of Cassation, the debtor will be deemed to have lost the term benefit from all other creditors. Through the final adjudication in the territories where the funduary book is being, it is understood the conclusion by which the intabulation of the right of property in favor of the buyer + Article 16 If, following the final adjudication of any of the assets of a debtor, subject to the provisions of this chapter, creditors with reduced claims, based on the law, would come into the contest with creditors, not entering the provisions of the law, or provided in Chapter III, and when the price of the adjudication would not be sufficient to cover the total amount of the reduced and unrealized receivables, then the creditors with reduced claims will be entitled to capitalize on the painting, their claim, for its full amount, without having Heed the legal cuts. If following this distribution were assigned to these creditors an amount that would exceed the amount of the receivables, as reduced by law, the surplus will be distributed among the creditors with claims not taken, according to the rights of each. The provisions of this article also apply to the distribution paintings provided by art. 24 24 and 27 of the law, as well as any other distribution of amounts coming from the pursuit of the debtor's estate. + Section III Statement of the debtor's assets during liquidation + Article 17 All mortgages, privileges, guarantees of any kind, legally constituted by debtors, until the promulgation of this law, remain in force for the amounts owed, based on this law. + Article 18 Antiques legally constituted by debtors entering the provisions of this law, shall be considered abolished, the debtor being able to repossess the property, by simple presidential ordinance, given according to art. 66 bis of the civil procedure of the Old Kingdom. The lender will remain privileged over income for the asanation rates related to its claim. This privilege replacing the right of antiquity, cannot be opposed to the third, in terms of natural fruits, than by fulfilling the advertising formalities of the pledge, and for civil fruits, by fulfilling the applicable forms the revenue assignment. The fulfilment of these formalities within one month from the promulgation of the law, confers the privilege of the day when the act of antiquity became opposable to third parties. + Article 19 The gajes of shares, bonds, land writings and public effects, as well as any goods, held by the creditors of the debtors, entering the provisions of chapters I and II, will be able to be put up for sale with legal forms, by creditors, after 6 months from the promulgation of the law and sold on legal The product of the sale will be free to the Gagist creditor, until the competition of its low claim, considering everything that surpasses the value of the low rates, as the prepayment on this claim. The rest may be distributed among the other creditors, according to the procedure provided in art. 27. The debtor will also be able to ask the creditor to sell these pledges, for the purpose of paying in whole or in part of his debt, and in case of refusal on the part of the creditor, the value of the pledge, according to the stock exchange rates or the mercurials of the day, when the debtor asked for the sale of the pledge, will decrease from the debt. + Article 20 Debtors will be able to conclude with any of their creditors, any kind of transactions on their respective claims, without however being able to consent to them, new additional guarantees, lower debt discounts or higher interest rates than those established in art. 4. The nulity of such transactions will only be invoked by creditors who have accepted the provisions of this chapter. + Article 21 Acts of exchange, as well as broadcasts free of charge of any kind, are prohibited. Universal or universal legates are exempted, as well as the endowment of endowment, all the creditors of the testator or the endower keeping on these goods their previous rights, if they are to be made in respect of these buildings the particulars provided by art. 22 22 and 26. + Article 22 Creditors of agricultural debtors not obliged at the request of declarations, by this law, may request at the notary of the situation of each building of the debtor, within 3 months from the promulgation of the law, that their debtor be entered in a register of debtors subject to this law. This register will be held by the notary, under its responsibility, and the registration will be made on the basis of a simple request, which will be able to include on several debtors, with legalized signature, in which the claim will be indicated and home choice will be made and that will not contain any reserves. Those who, in bad faith, will be made false shows, will punish themselves with imprisonment from 10 days to a month. Notaries are obliged to issue to interested parties certified exempt from any stamp, ascertaining the existence or non-existence of these mentions. If such terms have been made, the certificates will show the names and domicile of the creditors who made the mentions. The mentions made by a creditor take advantage of everyone else. + Article 23 All those who will acquire real rights of any kind on the buildings of debtors not obliged to make statements and for which mentions will be made, according to Article 22, will not be able to obtain, under penalty of nullity, transcription, registration or intabulation in the funduary books of the acts of alienation or encumbrance of real rights of these buildings, unless with the respective application will be joined the proof that it was submitted to the Court of Justice the situation of the property, its receipt the amount payable to the act. Also will be joined to this request the certificate of the notary, provided in art. 22, and the claims that would be submitted as a price. The court where the transcript is made, the registration or the intabulation, will check ex officio whether the price deposited corresponds to that provided in the act, and whether the claims filed as a price are in a useful and undisputed rank Creditors shown in the certificate. The acts listed above, which will not have been transcribed, entered or intabulate, will not be opposable to creditors, even chirographers, of debtors. + Article 24 The detour judge will order ex officio the display of the respective act at the court door and at the local hall of Immediately after the display of the act a deadline will be fixed for the making of the distribution picture, which will not be shorter than 20 days from the date of display and will be quoted ex officio by recommended letters, the creditors shown in the notary certificate, submitted by any interested party. Any other creditor or guarantor will be able to intervene on behalf of the creditor, until the registration of the distribution picture, asking for his registration with the painting. The court will proceed with the distribution between the registered creditors and the bearers of enforceable securities, in proportion to the amount of each claim, according to her rank and for the entire claim remaining payment. The court will also provisionally allocate the amounts due to the other claims, without enforceable or contentious titles, which will remain filed until an enforceable title is obtained. The distribution will be made by an ordinance given in the first and last resort and subject only to the casing appeal at the county court. In case of sale in installments it will not be possible to stipulate in the sales act with the amount payable at the making of the act to be inferior to the half of the agreed price, and the payment term for the rest to be longer than 2 years from the making of the act The remaining price of payment will be considered as an irrevocable delegate, from the conclusion of the act, to all creditors who have figured at the first distribution. Each price rate will be recorded in the way shown above and will be distributed to creditors who have figured at the first distribution. Sales and constitutions of real rights on buildings, made in the period of 3 months from the promulgation of this law, without complying with the provisions of art. 23 and 24, will be inoposable to creditors, if the mentions provided in art. 22. In any event the distribution of the resulting amounts can only be made after the expiry of the 3-month period, provided for in the previous paragraph Sales and constitutions of real rights on the buildings of debtors entering the provisions of art. 22, made in the interval from the filing of the law in Parliament and until its promulgation, even if they were allowed by the laws in force at that time, will be inoposable to creditors, if they are made in the 3-month period from the promulgation of the the entries referred to in art. 22. The debtor who will be paid on all their creditors, subject to the provisions of Cap. I and II of the law, will be able to ask the judge of his domicile to order the deletion of the mentions provided by art. 22, joining on request and the notary's certificate, provided by the same article. The court will fix a term of appearance, citing all creditors shown in the certificate and will order the display of the application at the court door and the debtor's home town hall. The term will not be shorter than 15 days from the date of display. The deletion of the mentions will be ordered by the judge by an end subject to the appeal at the respective court, within 10 days of the ruling. This conclusion will only become enforceable after the rejection of the appeal or the expiry of the appeal. + Article 25 In case of sale, any creditor will be able, even after the transcript or intabulation of the act, prove by all means of evidence, by a common law action, that the price shown in the acts is inferior to the true price agreed between the parties and demands that both the seller and the buyer, be jointly convicted of the deposition of the difference found. The seller proven to have concluded such acts will lose the benefit of the present law. + Article 26 The creditors of the debtors obliged by the present law to make the statements, will be able to ask within 3 months from the promulgation of the law, the respective court, or the funduary book court, to make the mention in the register of inscriptions, by name the debtor, and for each immovable, the fact that the debtor asked for the benefit of the asanation. This mention will be made on the basis of a certificate issued by the court where the declaration of asanation was made, without any other formality. The request will not be able to include any kind of reserve and the signature will be legalized. The claim made after the request of one of the creditors takes advantage of + Article 27 The buildings of any kind of debtors referred to in Article 26, relative to which such claims were made, will not be able to be sold or encumbered by real rights, except with the authorization of the respective tribunal. council, taking the opinion of all creditors, appearing in the declaration of asanation and which will be quoted by letters or recommended postcards. The convocation of creditors will be published in a daily newspaper of great circulation in the Country Capital. In the event that creditors representing more than half of the total value of the claims, will not approve the price by appearing in the act, the tribunal will in no case authorize the sale except on a price representing at least the income from multiplied roles. with 10. The amounts payable at the making of the acts will be filed in court, before the transcript, registration or intabulation of the act, to be distributed, after the procedure of the common law, to declared or intervening creditors, bearers of enforceable securities, or recognized by statements, in proportion with the claim of each, according to her rank and for the entire claim remaining payment. The amounts due to other creditors, without titles, or with litigation claims, will be provisionally allocated to them and will remain filed until an enforceable title is obtained. In case of sale in installments, it will not be possible to stipulate in the sales act that the amount payable at the making of the act is less than one-third of the agreed price, and the payment terms are longer than 5 years. Each payment rate will have to be deposited and distributed in the manner shown above, the rest of the price being considered as an irrevocable delegate, from the conclusion of the act, to all creditors who figured on the first distribution. This picture will not be possible within a period of less than 15 days from the publication of the notice set out above. The sales, the constitutions of real rights, as well as all the payments relative to the buildings provided for in this article, for which the above formalities were not fulfilled, will not be opposable to creditors. The sales and the constitutions of real rights on the buildings, made in the period of 3 months from the promulgation of this law, without respecting the provisions of this article, will be inopposable to creditors, if they have been made during this period the particulars referred to in art. 26. In any case, the distribution of the resulting amounts, can only be made after the expiry of the 3-month period, from the previous paragraph. Sales and constitutions of real rights on the buildings of debtors entering the provisions of art. 26, each from the filing of the law in the Parliament and until its promulgation, even if they were allowed by the laws in force at that time, will be inopposable to creditors, if they have been made within the period of 3 months from the promulgation of the law, to art. 26. The debtor who would have paid all his debts subject to the provisions of Cap. I and II, will be able to ask the court that ordered the making of the mentions provided for in 26, the deletion of these mentions, on the basis of a request to which he will join the copy of the asanation declaration, as well as an ascertaining certificate of the mentions made, with the indication of the name and address of the creditors who asked for the making of the mentions. The court will fix a term of appearance, citing all creditors shown in the statement of asanation or who made mentions and will order the publication of the request in a daily newspaper, of great circulation, in the capital. The term of appearance will not be less than 15 days from the date of publication. The deletion will be carried out by an end given in the council chamber, subject, in all cases, to the appeal to the panel of the tribunal, within 15 days of the ruling. This conclusion will not become enforceable until after the appeal has been rejected or the appeal period has expired. + Article 28 The chirographic creditors of debtors subject to the provisions of this law, with claims born posterior to the law in Parliament, will not be able to exercise their rights to the amounts resulting from the sale or constitution of real rights on real estate of the relative debtor to which mentions were made, according to art. 22 and 26, than only after the indestulation of creditors prior to filing the law in Parliament Any interested party will be able to prove antidata by any means of evidence. + Article 29 Agricultural debtors who would also have urban buildings, will only be able to rent these buildings for no more than 3 years and will not be able to divest the income of these buildings or collect rents with anticipation for more than 1 year, under penalty. the inopposability of creditors who have accepted the provisions of this Chapter Agricultural debtors will not be able, under the same penalty, to divest or collect with anticipation arenzi, for a term of more than one year, nor do they constitute gajuri on their crops for more than one year. + Chapter 2 Urban debt regulation + Article 30 A. Are considered urban debtors, debtors of Romanian citizens, individuals, legal persons of private law, who do not have profit and foundation of any kind, if they meet both conditions below: a) To be owners even apparent from 18 Decemvrie 1931 until today, of buildings likely to be imposed on the tax on buildings, provided in art. 13 of the law of direct contributions, even if they were exempted by any of the legal provisions in force. The fulfilment of this condition can be proved by all means of evidence from the common law, but if written documents were invoked, they will not be opposable unless they have a certain date, and in Transylvania and Bucovina, evidentiary power, according to with local legislations. In view of the application of this law, it is considered the assets inherited after 18 Decemvrie 1931, by the debtors with the legal vocation to the succession, as their property from the moment of purchase of these goods by the deceased; b) They cannot be considered agricultural debtors by applying art. 1. B. The urban debtors mentioned under the letter A benefit from the provisions of this chapter, if they meet one of the following conditions: a) That their gross real estate incomes, according to the tax matrices, do not exceed the figure of 60,000 lei for Bucharest, 48,000 lei for municipalities and 24,000 lei for the other urban communes; b) That their personal property income, according to tax matrices, represent at least 30 percent of the total amount of their personal elementary income, which served to calculate their global tax for 1933. Of this total amount of income will decrease the personal income of the debtor, as well as an amount of lei 80,000 of his total income, coming from lefts, pensions, allowances of any nature or free professions. + Article 31 Fall under the application of this article all debts of debtors entering the provisions of art. 30, born up to 18 Decemvrie 1931, except those exempted by this law. Debts with posterior maturities promulgation of the law will be considered maturing on the date of its promulgation. + Article 32 The amount of debts subject to this chapter will be the one existing at the date of promulgation of the law, including conventional or legal percentages, due to this date, calculated in compliance with the legislation on the loan + Article 33 The debtors provided by this article will benefit from a reduction of 20% of their debts, calculated according to Article 32, the rest being payable in 10 years in equal semi-annual rates, in which a interest of 6% per year will also be included. These rates will be payable on 15 May and 15 Noemvrie of each year, the first maturity being at 15 Noemvrie 1934. The law enforcement regulation will also feature a primer painting for calculating rates. + Article 34 Debtors will benefit for any rate paid in advance of an 8% reduction per year, calculated from the day of payment until that maturity. + Article 35 Debtors who will pay in full, even only one claim in the first two years from the promulgation of the law, will benefit from a total reduction of 35%, provided that they pay in the first year at least 32% of its total amount, as established by art. 32, plus the interests related to this percentage, under penalty of losing the benefit of this reduction. Also, the debtors who paid in full even only an anticipated claim in the first 5 years from the promulgation of the law, will benefit from a total reduction of 30 percent of its total amount fixed by art. 32, provided that they pay at least 14% of this amount each year, plus the interests related to this percentage, under the sanction of losing the benefit of this reduction. + Article 36 Debtors, entering the provisions of this article, are obliged to make statements within the deadline, at the court and with the contents of the statements shown in art. 8 8 of this law. These statements will be communicated in the manner and deadlines shown by art. 9. Failure to make these statements in the way shown above, entails the decadations and sanctions provided by art. 10 10 of the law. + Article 37 The creditors of the debtors provided by this chapter will be able to ask for the making of the mentions 26 of this law, in the way shown by that article, mentions that will have the same effects as those shown by the text. + Article 38 The estrangements and the constitutions of real rights on the goods, for which the above mentions were made, will only be able to be done in the forms and under the sanctions provided by art. 27. + Article 39 Provisions of articles: 12, 13, 14, para. 1, 2, 4 and 6; 15, 16, 17, 18, 19, 20, 21, 26, 27, 28 and 29, will also apply to debtors entering the provisions of this article. + Chapter 3 Regulation of debts to creditors who would not accept the provisions of the preceding chapters + Article 40 Creditors who would not accept the liquidation procedure provided for in chapters I and II of this law, for their claims, will have to make statements in this regard at the debtor's domicile court, within 40 days from the promulgation of the present laws. This statement will contain: a) Name and domicile of the creditor b) Name and residence of the debtor; c) Turnover of the claim, with the indication of the initial capital, of the interest already charged and of interest still owed; d) The nature of the claim, its title and its guarantees, of any kind. The statements are irrevocable and cannot contain any reservations or restrictions. + Article 41 The non-making of these statements, as shown in Article 40, within the term fixed by the law, amounts to an irrevocable acceptance by the creditor, the provisions of chapters I and II of the present law. + Article 42 Creditors who have made declarations of non-acceptance will be able to exercise their rights deriving from their claims, only in the manner fixed by the following articles. + Article 43 It is granted to all debtors shown in Chapter I and II for their debts declared according to art. 40, within 10 years from the promulgation of this law, with a interest of 1% per year on the initial capital, payable at 15 Decemvrie of each year, the first maturity being at 15 Decemvrie 1934. At the expiry of this period, the Council of Ministers will be able to extend this term of grace on a period of a maximum of 5 years, under the same conditions. + Article 44 In case of non-payment of interest, the creditor will be able to track only the fruits of the debtor's wealth, for interest in the outstanding + Article 45 The debtor will be able, either by way of main action, or by way of exception to the prosecution, to ask for the recalculation of interest already paid or still due, even if a final decision on them had occurred in the meantime. In case it is found that the debtor paid as interest, commissions of any kind or any other accessories, an amount that surpasses that due on the basis of calculating a simple, equal interest or maximum legal interest, the difference will be considered as being collected on the basis of a customs convention and will be imputed to the debt. Interest, commissions of any kind, and any other accessories still owed, will be reduced by recalculation, according to the rules set out in the previous paragraph. The debtor will be able to wear out any evidence in the processes for recalculating interest rates. + Article 46 In order to ensure this law, the State will be able to expropriate, in whole or in part, the claims subject to the provisions of this chapter, considering this expropriation as public utility. The expropriation will be declared by the court, based on a request made by the Minister of Finance, authorized by the Council of Ministers, making the application of the forms provided by the expropriations law for public utility. The price of expropriation will be fixed in relation to the real value of the expropriated claim, calculated on the basis of the ratio between the amount of receivables and the debtor's asset taking into account the rank of each This price will be payable with cash or State annuity 4%, reckoned on face value and depreciable in 50 years. + Article 47 Once the claim has been declared expropriated, any stalking started on its basis is suspended until the price is filed. The creditor who has no enforceable title, will have, before the payment of the price, to obtain the enforceable title, citing in court and the State. After the deposit of the price, the State is subrogated in all the rights of expropiated creditors, the creditor being obliged to file its enforceable title with the expropriation court, before the price is collected. The execution of these claims by the State will be determined by a subsequent law. + Article 48 All tracking and insurance measures, of any kind, established on the basis of the claims regulated by this chapter, until the promulgation of this law, will be abolished, at the request of the debtor, on the way of art. 104 of the civil procedure in the old kingdom, the debtor being obliged to join on request certified copy after the creditor's statement, made according to Article 40. The orders of adjudication for which there is an appeal introduced in the term, pending by the High Court of Cassation and Justice, will be abolished according to the procedure provided in art. 68. + Chapter 4 General, special and transitory provisions + Section I Provisions relating to the distribution of losses + Article 49 The guarantors, guarantees and in general any accessory obligations of the claims subject to this law, benefit from all the advantages provided by this law for the main debtor, remaining obliged only within these limits. The guarantor or guarantor who would meet in his person the conditions laid down in art. 1 or 30, will be able to invoke the provisions of Chapter I and II, even if the main debtor would not enter into the provisions of these chapters. The guarantor or the solidarity guarantor, the natural person, of a debt, of an agricultural debtor, having a property under 10 ha will not be able to be pursued for the payment of the amounts due under this law, unless the creditor proves that he went with the pursuit against the main debtor until sequestration or the application of the command over its wealth. The principal co-debtor of a debtor entering into the provisions of this law, will be able to exercise his rights of regression on it, until the amount that the debtor subject to the provisions of the law, would have paid to the creditor common. + Article 50 Traders and industrialists, as well as companies, except those shown in art. 52 and the following as well as agricultural and wine-growing trade unions, which would have at least 15 percent of the total of their claims subject to the provisions of Chapter I and II and which accepted for all debtors, entering the provisions of Chapter I and II, the provisions of these chapters, will be able to ask the tribunal to proceed with the convening of creditors, such as to declare, if it accepts the proposal for an arrangement of the trader, made by him in the application itself; in the event of acceptance, the proposal becomes immediately binding on all parties. Otherwise, the matter will be referred to an arbitration panel, composed of a judge of the tribunal, as chairman, a delegate of debtors, elected immediately by the assembly of creditors and a delegate of debtors. All provisions of the law of preventive composition, relative to the convocation of creditors, to the verification of receivables and to the vote of creditors, are also applicable to the procedure provided for The request to convene creditors shall have the effect of suspending any pursuit, and shall not be able to establish any insurance measure, until the end of the arrangement with the creditors, or until the decision of the arbitration commission is given. + Article 51 The Commission will give a reasoned decision based on the actual payment capacity of the petitioner. It is given by a majority of votes, and in case more than two opinions arise, the president's opinion will prevail. The decision will be final, without appeal or appeal. The Commission will not be able to grant a reduction higher than the percentage ratio between the damages suffered by the petitioner, by the reductions deriving from this law and the totality of its asset, and without the payment deadline being able to pass for 5 years. If the commission considers that the petitioner is unable to meet these minimum conditions, or if the debtor fails to comply with its obligations, deriving from the arrangement made with its creditors, or would not comply with the obligations imposed by the arbitration decision, any unpaid creditor will be able to ask the court to liquidate the petitioner's patrimony, according to the bankruptcy procedure, but without being able to ask for a declaration of bankruptcy and without being able to intercept individual executions. + Article 52 Credit institutions of any kind, to the anonymous company, who will have a placement subject to the provisions of this law, more than 10% of their total receivables, and who have accepted for all their debtors, the provisions of chapters I and II, will be able to make it with creditors to an arrangement to pay the debts of that institution. The arrangement will be considered as valid and binding on all creditors, if it meets the written adhesion of creditors representing the majority of the Institution's claims. The institutions set out in the previous paragraph will also be able to ask the President of the tribunal to convene a Commission to judge the payment capacity of the Institution, composed of the delegate of the National Bank of Romania, as president, Representative of the Institution, appointed by the Board of Directors and a representative of the creditors, drawn by the First President of the Tribunal, after the list presented by the Institution of its creditors. + Article 53 The Commission will give a reasoned decision, based on the actual capacity to pay the Institution, by which it will set the deadline, the share of payment, as well as the interest on the debt of the Institution. The decision is given by a majority of votes, or in case more than two opinions arise, the president will prevail. Any creditor, as well as the Institution, will be able to present written pleadings, without the commission being obliged to quote the parties. Ending the commission will be without appeal and enforceable. She will be subject to the appeal in casing at the respective Court of Appeal, within 15 days of the ruling, for the reasons shown in the organic law of the High Court of Cassation and Justice. In case of scrapping, the Court of Appeal will evoke the fund + Article 54 The Commission will not be able to establish a rate of reduction of claims higher than the percentage ratio between the losses suffered by the reductions, deriving from this law and the asset of the Institution and no longer term of 5 years from the date of the decision. + Article 55 If the commission considered that the institution was not able to execute these minimum conditions, the commission would order the liquidation of the institution and appoint a liquidator, which can be a credit institution, charged with liquidating it according to the provisions of the Commercial Code of the Old Kingdom, without the institution being able to be declared bankrupt or subject to individual pursuits. + Article 56 In order to apply the provisions of 52, 53 and 54, The institutions shown in these articles will be entitled as a maximum duration of 6 months from the promulgation of the law, to refund their creditors only a quota in relation to their payment capacity, which will be fixed by the National Bank of Romania. In case of refusal from the National Bank of Romania to make a decision in this regard, the Institution will be able to apply to the courts for fixing these quotas. + Article 57 The request submitted to the National Bank of Romania will have the effect of suspending any prosecution, insurance measures or call for bankruptcy. The decision of the National Bank of Romania or of the courts will be given only within the period of 6 months from the promulgation of the law and will have no effect but for the maximum of the same term. + Article 58 Non-compliance by the Institution with any of the bonds deriving from the concluded arrangements, according to art. 52, or resulting from the conclusion of the commission provided for by the same article, entitling any creditor to ask for the revocation of the arrangement or the effects of the conclusion In case of admission of the request for revocation, the tribunal will at the same time order the liquidation of the institution and the revocation of its general meeting for a date fixed at the meeting, in order to appoint a liquidator who will proceed to liquidation after the provisions of the Commercial Code, without the establishment being able to be declared bankrupt or individual executations. + Article 59 Administrators and directors who, in bad faith, would have presented a list of creditors containing fictitious creditors or presented the commission with inaccurate data on the institution's situation, will be punished with the penalties provided for the criminal offence. cheating. + Article 60 Credit cooperatives will enjoy the regime established by art. 50 and following, with the following derogations: The creditors ' meeting will be chaired by the head of the respective court, and the arbitration commission will be chaired by the delegate of the National Office of the Romanian Cooperation. + Article 61 The credit institutions having an approved concordat to the promulgation of this law, which would have at that time a minimum of 15 percent of the total of their claims, subject to the provisions of this law, and who accepted for all their debtors provisions head. I and II, benefit from the right of a term of grace of 5 years from the promulgation of the law for the payment of all the consistent rates still owed. During this period, the above institutions will not be able to revoke their concordat, they will not be declared bankrupt, nor will they be subject to individual pursuits. These institutions will be able to benefit from the provisions of art. 50 and urm. of this law, according to the distinctions established by those texts, provided that, within one year of its promulgation, it would give up the concordat. + Section II Special provisions + Article 62 A special convention will intervene between the State and the National Bank of Romania, whereby the State undertakes that, during the maximum duration of this law, to pay the National Bank of Romania an amount of at most lei 450,000,000 annually, in order to serve both partial of the reductions suffered by the portfolio of the National Bank of Romania on the basis of these laws, as well as by the substantive law to maintain the credit in general and the cooperative The payment amounts will be entered in the budget of each year on the basis of this law and the convention. The National Bank will be entitled to retie these amounts from the peaks that are made for the State account to the National Bank of Romania. At the conclusion of the convention, the State will submit to the National Bank of Romania treasury bills, equal to the annual rates that will be paid in 15 years. These vouchers will be guaranteed with the production of the gold mines of the State, as well as with all the revenues of the State from the production of the particular gold mines. These vouchers will be returned to the State as payments made. The distribution and use of the amounts paid by the State will be made according to those who will be established in the above-mentioned convention. + Article 63 Debts to the First Civil Service Civil Service (Rural Credit) will rule the provisions of this Article, namely: 1. For loans contracted in rural land writing 5 percent, the Rural Credit, by way of derogation to the law for Civil Service Civil Service of 27 June 1923 and its statutes, is authorized: a) To withdraw from the circulation and cancel rural land writings 5 percent for a nominal value equal to half of the issue in circulation, representing the debt of the borrowers on January 1, 1932. Rural land letter detentors 5 percent, will receive from the society new land writings, the same issue, bearer of the same interest, for a nominal value, representing half of the nominal value of the letters presented at Change. For this purpose, it is granted to the detentors of writing 5 percent a term of 6 months from the date of publication of the present law in the Official Gazette, within which to make statements at the company's headquarters, whether or not to accept the exchange of titles that possess. Detentors who will not make the statement in the above-mentioned term, are considered to have accepted the exchange of securities in the conditions of this law. The new land scrips 5 percent will be exempt from any taxes, both present and future, either on the interest contained in the coupon or on the capital. Also will be exempt from stamp the payment terminals both of the coupons and of the capital of these writings presented at the House of Society. Rural land writings 5 percent, which are today in circulation that will not be presented at the Society House for exchange, will be subject to current taxes at a 60 percent tax override on perceived interest and a tax bill. tax of 50 percent (five tens percent) on capital, which will be retained by the company on payment, to be paid to the State. The state will cover the losses that the Rural Credit will try on land writings that will not be changed; b) To allocate the amount that will be achieved by this reduction, between the debtors of the loans contracted in land write 5 percent in the proportion of losses that each tried to transform the effects in cash, considering for loans contracted after January 1, 1919, the course of writing from the moment of making loans, and for those made before January 1, 1919, the course of writing will be counted by pari. 2. On loans made in writing 10 percent, the Rural Credit will charge, with effect from January 1, 1932, for 15 years, a interest of 5 percent, instead of 10 percent per year, and will pay to the detentors over the same time, based on the coupons, with a interest of 5 percent per year per cent of lei, nominal value. With effect from July 1, 1934, the Rural Credit will charge, within 15 years, to the capital owed from loans contracted in rural land writings 5 percent after 1 January 1919, as well as to loans owed in land write 10 to hundred, with a interest of 3 percent instead of 5 percent, and the State will bear the difference of 2 percent, which the Rural Credit will pay at the terms of May 1 and 1 Noemvrie of each year, according to the convention that will end with the Rural Credit, without being need a new state authorization law for it. 3. Late rates on land write loans, taking into account the discounts granted by the Company, will be capitalized on June 30, 1934 and will be reduced by half. Their payment thus reduced will be made in semi-annual rates with interest of 3 percent, of which 1 percent will charge the National Bank. The first rate will be chargeable to 1 Noemvrie 1934. The payment deadline will be a maximum of 15 years and will be fixed, according to the debtors ' request, by the Board of Directors. 4. As a result of the State bond taken by the law for the enhancement of land in the Danube flood zone of 1910, with the amendments of 1914 and 1925, to pay the loans guaranteed by the State and contracted to the first Civil Society of Rural Financial Credit (Rural Credit) in bonds 7 percent by the Ministry of Agriculture and Domains as legal trustee of the land improvement unions Oltenita-Surlari and Surlari-Dorobantu in Ilfov County and Bratesul-de-Sus from jud. Covurlui, the State takes on 70 percent of the low annuities until June 30, 1934, as well as 70 percent of the remaining capital of payment on July 1, 1934, to which the State will pay the corresponding annuity in the future. Through the special convention that will be concluded by the State with the Rural Credit, it will be the payment of both the low annuities until June 30, 1934, and the divided capital passed on the State without the need for a new law on the authorization of the State. The remaining 30 percent of debt, capital and annuities, remains as the burden on the dammed lands, in the conditions and with the guarantees with which the loans were contracted. The debt will be distributed equally per hectare, for both unions: Oltenita-Surlari and Surlari-Dorobantu, and for the Bratesul-de-Sus Union, the distribution will be made equally, per hectare between the owners of this union. The terms of payment of these loans are extended for 40 years. The Rural Credit will charge, starting from July 1, 1934, an annual interest of lei 2, money 60 percent of lei, on loans whose bonds are expected at the National Bank, and 3 lei, 50 bani on loans whose bonds were negotiated on the market. The Rural Credit will pay the debentors of bonds 7 percent, as annual interest on the basis of coupons, National Bank, lei 2, money 60 percent lei, face value, and other detentors, lei 3, money 50 percent lei, nominal value, with From 1 July 1934. The expenses of administration on these loans are reduced to 0.80 percent of lei, starting from July 1, 1934. 5. The debts coming from the loans with transfers, both those passed on to the State, according to the stabilization law of February 7, 1929, and those that did not pass on the State, considering the discounts consented by the company, are reduced by 50 50 percent. The terms of payment of debts thus reduced shall be extended until 1 July 1959. For the past on the State, the Rural Credit is removed from the bond and will charge, starting from January 1, 1932, as an annual interest, 2 percent, in favor of the State, and as administration expenses 1 percent to the borrowed capital, reduced. Past debts on the State will be able to be achiated with the state renta, internal, which will be received on face value, whatever its course and will be cancelled. It is authorized the State to conclude, through the respective Ministries, the Rural Credit, the convention regarding the payment of past loans on the State. For the same loans that have not passed on the State, the Rural Credit will charge, starting from July 1, 1934, a interest of 3 percent, of which 1 percent will be charged by the National Bank. Late interest and expense rates will capitalize on July 1, 1934, reducing by half and will be paid in half-yearly installments, with a 3 percent interest, of which 1 percent will be charged by the National Bank; the first rate being chargeable. at 1 Noemvrie 1934. The deadline will be fixed by the Board of Directors for debtors ' requests and will be a maximum of 15 years. 6. The debts coming from loans on pledge, account-current and discount are reduced by 50 percent. The reduced debt will be paid with interest of 3 percent of which 1 percent will be charged by the National Bank in terms that cannot pass for 15 years and which will be fixed by the Board of Directors at the requests of debtors. 7. All rights, guarantees and other conditions provided in the loan, law and statutes contracts, for the payment of debts (capital, interest, late rates and expenses) to the Rural Credit, remain untouched. 8. The poles that will give debtors for mobilizing the debts of the Rural Credit, are exempt from stamp. 9. It is reduced in the same proportion of 50 percent and the debts of the first Civil Service Civil Service (Rural Credit), to its creditors, whatever the nature of the debt, the form and the quality in which they were contracted. The Rural Credit Company (Rural Credit), will benefit from all its creditors from the interest and payment methods provided for in this Law. 10. For cash debts, the debtors of the Rural Credit will benefit from the provisions of art. 5 5 and 6 of this law. The same provisions will benefit the company from its creditors. 11. The state will cover all losses that the Rural Credit will try by applying this law. This will be determined by the convention that will end between the Rural Credit and the State, without the need for a State authorization law. The convention and all provisions of this section, regarding the Rural Credit, will be passed in the convention. 12. Article 1 of the law promulgated by Royal Decree no. 1.121 and published in the Official Gazette no. 82 of 6 April 1932, is amended only with regard to the Rural Land Credit societies in the following way: Land letters and bonds will be paid or fixed by lot, after the entries of the amounts affected by the depreciation, So that a number of write-offs for a higher nominal value than that of the mortgage loans are never in circulation. 13. Processes in progress on the basis of requests made according to the laws of conversion, published in the Official Gazette No. 93 of 19 April 1932, No. 251 of 26 Octomvrie 1932 and No. 88 of 14 April 1933, shall be considered extinguished, and the decisions rendered in such processes are and remain void and without any effect to the Rural Credit. + Article 64 Companies borrowed at Civil Service civil societies, today in being, the show 5 percent, apart from those who contracted loans before 31 Decemvrie 1918, are reduced by 25 percent, (twenty-five percent) capital. unamortized due on January 1, 1933, with a interest of lei 3,50 (three and fifty) annually, in the capital thus reduced to 75 lei (seventy-five), in which the expenses of administration that will be able to be decreased by the council of administration after the institution. In the same proportion and by way of derogation from the law of the Urban Land Credit companies of March 20, 1926, the nominal value of the letters issued by these companies with 5 percent annual coupon, is reduced by full right, by the effect of this law and with starting from January 1, 1933, to 75 (seventy-five) hundred with a coupon of lei 2,50 (two and fifty) annually, at this share of lei 75. Fencing detentors will not be able to advertise the unpaid leftovers from the coupons of the writings maturing on July 1, 1933 and on January 1, 1934, the companies being released by the effect of the law on the payment of these The above reductions in urban land writings, today in circulation will be done by stamping on effect and coupons, within one year of the promulgation of the law. The coupons whose writings will not be presented to the company, for stamping during this time frame, will be paid in the above conditions only after the presentation for stamping of the writing. The Detentors, who within one year from the date of the promulgation of the present law, will notify the company that they do not accept the capital reductions and coupons above shown, will be obliged by the effect of this law to pay at the company house, on the occasion collection of coupons, besides the mobile tax, legal, other tax of 50 percent, (fifty percent), on the nominal value of the coupon and writing. The state is authorized by the present law, to cede to these companies the tax of 50 percent above shown, to serve them to cover the coupon or write paid to these detentors, without having to conclude in this case. A special convention with these companies. Land scribes whose face value is reduced by 25 percent, are exempt from any tax both present and future, either on interest included in the coupon or on capital, starting from July 1, 1934. They will also be exempt from the stamp, the payment terminals, both the coupons and the letters presented at the company's house. On loans made in writing 10 percent, Urban Land Loans will reduce from January 1, 1933 this interest in half, paying the detentors of these writings, based on coupons, a interest only of 5 percent, (five percent). percent), instead of 10 percent, at face value. These writings and coupons are also used by the stamp exemption and taxes provided in par. 9 9 above. All delayed rates, due by borrowers to the Urban Land Credit Companies, up to 31 Decemvrie 1933, will be staggered over a period of 10-15 years, after the debtor's convenience with a interest of 6 percent per year, and the payment maturity of these rates will be the same as ordinary rates. For the relief of financial difficulties, arising from the capitalization of the delayed old rates, the State is authorized to open to these companies, through the House of Deposit and Consemnations, a separate current account, up to the amount of 75 to percent, from the amount of old rates, staggered for a term of 15 years, with a interest of 6 percent per year. In these current accounts will also enter the amounts due so far. The price remains owed to the Urban Land Credit Companies under the real estate sales contracts concluded until January 1, 1921 are not subject to the provisions of these laws. + Article 65 The debts of the Transitional Mortgage Credit for which no agreements were concluded according to the laws of April 19, 1932 and April 14, 1933 are subject to the provisions of this law. The state will indemnify the Transitional Mortgage Credit of all damages suffered through the cuts caused by this law. + Article 66 Loans granted by the Rural House to peasants, obes, cooperatives and peasant associations, for land purchase, through bond issues (Rural Bonuri), with interest of 5% and 10% annually, are reduced by half, i.e. to 50% payable in 15 years, with a interest of 3% annually, which will be paid at the headquarters of the Rural House, in two equal semester rates, on 15 May and 15 Noemvrie of each year, the first payment rate being at 15 Noemvrie 1934. The rates not paid so far by the borrowers and the related delay interest rates, will also be capitalized and also paid within 15 years, with a interest of 3% annually, also in two equal half-yearly installments, on 15 May and 15 Noemvrie of each year, the first rate of payment being at 15 Noemvrie 1934. Failure to pay two consecutive rates attracts the loss of the benefits granted by law Rural vouchers issued by the Rural House, in the execution of the above operations, carrying coupons of 5% and 10%, and in circulation, are reduced in the proportion given to borrowers for their debts, i.e. 50% and with a coupon of 3%, representing The interest that the Rural House will also perceive from its debtors. The reduction of the value of rural vouchers and coupons will be found by applying a stamp on titles, which will continue to circulate even further. The removal from circulation of these reduced rural Bonuses will be made to the extent of the annual primes collected. The rural vouchers thus reduced and their coupons will continue to be exempt from any present and future taxes. Also will be exempt from stamp payment terminals, both coupons and capital. Cash loans, granted by the Rural House to farmers, on short terms, as unpaid, capitalized interest rates, will be reduced by half, which will be paid within 15 years, with a 3% interest annually, in two equal half-yearly installments, at 15%. May and 15 Noemvrie of each year, the first payment rate being at 15 Noemvrie 1934. Failure to pay two consecutive rates attracts the loss of the benefits granted by law The state will compensate the Rural House, the damage suffered by the application of the law to liquidate agricultural and urban debts. + Section III General provisions and transitors + Article 67 All conventions and transactions with the object of extinguishing or liquidating debts between creditors and debtors, benefiting from the present law will enjoy a 50 percent reduction on stamp duties and tax taxes, which will be reduced. will be charged only on the amount that the debtor has remained obliged to pay, and the mobile tax will be charged only on the interest contained in this transaction; no mobile tax will be paid on the interest capitalized according to art. 3 3 and 32. The inheritance taxes relative to the claims subject to this law, and still unpaid to its promulgation, will be reviewed ex officio. + Article 68 All tracking and insurance measures of any kind, in being, taken until the promulgation of the present law, against the debtors, entering into the provisions of this law, by the creditors, entering into its provisions, will be abolished, following the request the debtor, who will be judged in the Board Chamber, with the citation of all the following or intervening creditors. The amounts made by seizing the income, the goods pursued on the basis of the tracking and insurance measures, abolished and which will be found at the disposal of the creditors until the promulgation of the present law, will be distributed immediately between the creditors of the wanted debtor, according to the rules laid down in 16 16 and the application of art. 5 5, 6, 34 and 35 of this law. The debtor will be able to ask that those amounts be used primarily to the payment of creditors exempted by art. 69 or upon payment of one or more claims with the discounts provided for in art. 6 6 and 35 of the present law. The orders of adjudication against which there is an appeal introduced in the term, pending before the High Court of Cassation, will be declared abolished by the High Court following the debtor's request, formulated in the form of special reason for scrapping within no more than two months after the law was promulgated. The recurring debtor will have to join on request, proof that he enters the provisions of the law and that he made the declaration of asanation in the term, if the law requires such statements. If the debtor declares that he understands to judge on the basis of the acts presented by the appellant, without asking for further evidence, or if otherwise does not prove that he has referred the courts to the substantive powers, the High Court will judge the reason even in substance, on the basis of evidence produced by the debtor. If, however, the creditor proves that the substantive courts have been notified, the appeal will be suspended until the trial is settled. In case of suspension of the judgment of the appeal, the adjudicator who has filed the price, will be entitled to waive the adjudication and ask the prosecution tribunal for the refund of the price filed, the Tribunal will rule urgently in the Council Chamber, printr'o end date with citation of all parties who have figured out the chase. In case of admission of the application any fees filed by the adjudicator for obtaining the order, including registration fees will be returned to the adjudicator. + Article 69 The following debts shall be exempted from the benefit of Chapter I and II of the Act: a) Debtors ' debts entering into the provisions of this law, contracted directly to the creditors of natural or legal persons or companies of foreign nationality who have this quality from the moment of contracting the debt and who have not domicile, main office or secondary office (agency, representative office) in the country. Foreign creditors who do not have their domicile in the country, whose claims come from sales of land acquired by way of succession, do not benefit from this exception. b) The debts of traders and industrialists who had this quality at the time of contracting the debt, if these debts are not civil in nature or if the civil nature of the debt does not result from the text of the loan contract. This provision shall not apply to the property owners referred to in art. 1, para. A, lit. a, which exercises a trade in a rural commune or which are small craftsmen in rural communes or owners of peasant mills who grind with oium if they meet one of the conditions provided in art. 1, para. B. c) Debtors ' debts of any kind, arising from criminal acts for which a final sentence of conviction has occurred; d) debts to the State, county or communes, deriving from taxes, fees or fines; e) Debtors ' debts entering into the provisions of this law, if their total amount does not exceed half of the taxable gross income, globally for 1933. If such an imposition did not exist, this income will be calculated according to the norms provided by art. 55 of the direct contributions law of 1923; f) Food pensions; g) The debts of the officers ' wives, until the competition of the regulation; h) Creants of credit institutions and aid of officials of the State and public institutions; i) Salaries of service personnel and manual workers; Background or tracking courts are competent, at any stage of the matter, to rule on the issue, if the debtor meets the conditions, to enter the provisions of the law or if the debtor or any of the claims falls within the exceptions set out above, as well as any downfalls. The creditor will also be able to ask for a main action to determine the above, and the action will be judged urgently and especially in the council chamber. + Article 70 Periodic benefits, still unpaid until January 1, 1934, arising from bonds, with indefinite duration, or annuity, born between January 1, 1920 and 18 Decemvrie 1931, due by debtors, entering the provisions of Cap. I and II, are subject entirely to the provisions of these chapters. The benefits of the same debtors, deriving from these bonds, due back to January 1, 1934, remain payable at their respective maturity, but reduced by 50% of their value for agricultural debtors and by 20% for urban debtors. They are subject to the same regime, debtors ' bonds entering the provisions of Chapter I and II, deriving from lease or lease contracts, prior to 18 Decemvrie 1931, the owner can, however, within 2 months of the promulgation to the law, to ask for the termination of the contract on the day As regards the claims arising from service benefits, they consider themselves born at the time of the service. + Article 71 Insurance companies that for their mortgage claims have fully accepted the provisions of Chapter I and II, will be able to maintain these mortgage claims in the calculation of their mathematical and technical reserves, required by art. 27 and 28 of the insurance law, also on their entire value, as received by the insurance office, for a time that will not exceed five years from the promulgation of the law. However, they will be obliged to cushion the reductions suffered on the basis of the law, by equal annual depreciation, during this five-year term. Insurance companies whose legal placements at the "Vieata" branch are touched by the provisions of this law, at least 30% of their total placement at this branch, will be able to ask the Ministry of Industry and Commerce to postpone repurchase obligations and loans to contracts concluded up to 18 Decemvrie 1931, for a maximum period of 5 years and for a share of not more than 50% of those bonds. Both the term and the respective quota will be fixed by the Ministry of Industry and Commerce, with the opinion of the Insurance Control Office, in relation to the situation of the companies concerned + Article 72 Credit institutions that have complained about the benefits of this law, are obliged to accept in the compensation of their debts, to their debtors, the claims that they would have against the respective Institution, even if these claims were purchased by post debtors promulgation of this law. However, interest owed on the current year will be paid in cash. The amount of receivables given in compensation will be determined, considering the discounts they have suffered, according to art. 52 and the next. By way of derogation from the provisions of this Article, the compensations shall not be binding within the 6-month period provided for in art. 56 56 and 57. + Article 73 All natural persons or companies, bound by law to the keeping of registers and who would have suffered by applying this law discounts of their claims, will be entitled to account for these discounts in a special account and to depreciation, without the amounts intended for this amortisation to be subject to the related taxes. Also, the revaluations of assets are exempt from tax, made in order to cushion with the asset difference thus obtained, the discounts being in the special account above. + Article 74 All agreements concluded under the empire of the laws of 19 April 1932, 20 April 1932, 26 Octomvrie 1932 and 14 April 1933, promulgated by the High Royal decrees No. 1.346/1932 ,, No. 1.411/1932, 1.411/1932, No. 3.037/1932 3.037/1932 and No. 1.154/1933, as well as all the estrangements or constitutions of real rights, made in compliance with the provisions of the laws in force at the time of their making, are and remain valid, and the parties are obliged to respect them. Also the debtors, who under the empire of the laws provided in the previous paragraph have expressly waived the benefit of these laws, can no longer invoke the provisions of the present law and remain subject to common law. The transactions concluded by the debtors with the People's Banks remain in force, except when the general meetings of these institutions would determine the improvements of the conditions provided for in these transactions. The offers made by debtors according to Articles 5, 6 and 9 of the law of April 14, 1933, are void and null effect, even if they were accepted by creditors, debtors can invoke the provisions of this law, if they meet its conditions. + Article 75 All statements, requests and in general all procedural documents relative to the application of the provisions of this law are exempt from any stamps and taxes; cambiale shares, provided in art. 76 will only be subject to the half of the tax. + Article 76 They will be considered low, on the day of the promulgation of the law, bills with due or extended maturities according to the previous laws, on which the debtors are signed entering the head provisions. I and II. For the exercise of cambiale action, based on the bills of the previous paragraph, the creditor is dispensed with the making of protest formalities, being able to file the actions at any time, within 3 months from the promulgation of the law, with the maintenance of regression. The cambiale actions already filed, will continue at any stage they would find. The decisions thus obtained will only be able to be executed within the limits provided for in Chapter I and II. The non-protest of these bills at previous maturities, even if the debtors did not enter into the provisions of any previous law of asanation, do not constitute any revocation for the detente of the cambia, compared to any of the signatories of the cambia, giranti or avalists, the actions relative to these bills can be filed at any time, within 3 months from the promulgation of this law. Bills signed by debtors who have made agreements with creditors, as provided for in art. 74, shall be subject to all provisions of this Article. + Article 77 The bills signed as issuers of non-commercial, natural persons or legal entities of private law that do not have profit or foundation of any kind, with maturities inside of 3 months from the promulgation of the present law, will be able to be protested At any time in the period of 3 months from the promulgation of the law, with all the effects that the laws in force attribute to valid protests + Article 78 The fact of the exchange of cambies, which refers to a claim entering the provisions of Cap. I and II, will be able to prove with any means of proof. Creditors, owners of white bills, which in order to make their debtors not benefit from the effects of the present law, will disingenuously complete those bills, either by changing the issue date or the due date or by changing the cause. the obligation, or by the antidated transmission of these bills, to the persons exempted from the law or in any other way, will be punished with correctional imprisonment from 1-2 years. Proof of the achievement of these workings will be done by any means of proof. In all cases where such workings would be found, the cambia thus completed becomes null. + Article 79 Benefit from the provisions of this law and spouses who have made debts for the preservation or improvement of the dotal fund through construction or investment, if the wife gives within one month from the promulgation of the law an authentic declaration by which to affect, when paying the husband's debts, the dotal fund If the dotal fund is inalienable, the wife will have to be authorized for the above purpose by the Tribunal administering the endowment and who will appreciate after the circumstances. It also benefits from the provisions of the present law and the use of an agricultural or urban fund if the owner nude affects the fund to guarantee the debts of the usufructuary within one month from the publication of the law. + Article 80 The debts of the legal and legal parents of the rural property of their young children, enter into the provisions of the present law if these usufructuaries will present a mortgage guarantee, in the first rank, on rural buildings, other than the goods of minors. The area of the goods thus offered as a mortgage guarantee, found by the tax matrices and counted at six thousand lei the hectare, will have to cover in full the value of the reduced receivables, according to the present law. The owner of the goods, offered as a mortgage, cannot be a beneficiary of the present law himself. The declaration of guarantee must be presented in authentic form with the declaration provided for in art. 8. The prosecution tribunal will appreciate whether the guarantee satisfies the conditions in this article. + Article 81 Agricultural or urban debtors provided in par. A al art. 1 1 and 30, which would not meet the conditions of par. B of the same articles in order to be able to benefit from the legal discounts, will pay their full debts born up to 18 Decemvrie 1931, within 5 years, in equal annual rates, with the interest of the National Bank account, payable with capital ratios. The first annuity will be chargeable at 15 Noemvrie 1934. Failure to pay an annuity at maturity attracts the debtor's downfall for the benefit of the term. Benefit from these provisions and the merchants and industrialists owners of any of the goods provided up the mentioned texts, but only for their civil debts, excluding the commercial ones, as defined by art. 69 69, lit. b. + Article 82 For the application of this law it is equivalent for Transylvania and Bucovina the stretch of 10 hectares with 20 jugation. + Article 83 The tax authorities, of any kind, are obliged to release following a simple request, and without any other proof, children legalized from tax charges of any kind, for 1933. + Article 84 Debtors of agricultural owners entering the provisions of art. 1, whose buildings are located in Bucovina, will benefit from a reduction of 70 percent, on the amount of their debts fixed by art. 3. The debts thus reduced will be paid in the conditions provided in art. 4, para. 2. + Article 85 All crimes of alienation, reduction, or displacement of pledge provided by the special law of the pledge houses under the National Bank of Romania, committed by debtors who benefit from this law, tried or enjoyed until the date of submission to Parliament of the present law, whether they are being investigated or judged. Amnesty does not extinguish the civil consequences of the crime, the criminal court notified may continue at the request of the party, the trial of civil + Article 86 The laws of April 19, 1932, October 26, 1932 and April 14, 1933, as well as any other provisions of any law, to the contrary to the present law, are and remain repealed, and the even final decisions to liquidate the debts of the debtor obtained on the basis of They are considered null and void effect, with the exception of the points judged relative to the provisions maintained by the present law. + Article 87 A public administration regulation will unravel the principles and the application of this law. (Opinion of the Legislative Council, Section II, No. 7/1934). (Desbaters: Room No. 36/38-1933/1934; Senate No. 26-1933/1934). (Voted by the Assembly of Deputies and the Senate on 4 April 1934). --------