Law No. 178 Of 30 July 1934 To Regulate Consignment Contract

Original Language Title:  LEGE nr. 178 din 30 iulie 1934 pentru reglementarea contractului de consignaţie

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Law No. 178 of 30 July 1934 to regulate the ISSUING of contract processing, PARLIAMENT Published in the Official Gazette on 30 July 1934 Article 1 consignment contract is convenţiunea through which one party, called the consignant, the other party shall assign the named consignee, freight or mobile objects in order to sell them at the expense of consignantului.
Assets is entrusted to its consignatarului can be, all at once or gradually through successive notes or bills, issued in accordance with the contract.

Article 2 contract processing, as any convenţiune regarding modification, transformation or dismantling of him, may be written only by proof.

Article 3 the contract for consignment does not pass the consignatarului property property entrusted to it.
It is revocable by the consignant at any time, even if it was concluded for a fixed term, out of stipulaţiune contrary to the act.
Consignantul retains all rights to the goods entrusted to continue to be able to dispose of them at any moment, out of stipulaţiune to the contrary in the contract.

Article 4 Consignantul can resume and pick up, whenever, even if the contract has been concluded for a period determined, all or part of the goods entrusted to the consignatarului, without the need for notice.
Resume property will be able to make consignant about the Presidential Ordinance, in accordance with article 5. 66 bis of the code of civil procedure of the old Kingdom.
The Presidential Ordinance will be given without summoning the parties, if the consignment contract is genuine; with the attendance of the parties if the contract is under private signature. In the latter case the deadline for summoning the Parties shall fix for the day of receiving the request.
Consignantul has the right to pick up whenever the goods, in this way, even if the contract would have stipulated a clause of the notice.

Article 5 Consignatarul is obliged to take all the measures of a good trader, to preserve the good condition of the assets entrusted to it.
He is responsible for any absence, loss or damage, arising from his guilt or his agents and prepuşilor.

Article 6 Consignatarul is bound to ensure the assets entrusted to it, to a company approved by the consignant.
Insurance will be made by the consignee an amount at least equal to the price of the goods as provided for in the contract or in these notes and bills so that all risks are covered, starting from the moment of dispatch of goods by consignant.
Consignatarul is also obliged to pay insurance premiums on a regular basis.
In case of neasigurare or cancellation of insurance because of non-premium, the term consignatarul is considered, in law, in guilt and will be responsible for any shortages or damage caused by a fortuitous event or force majeure.
Insurance of any kind incurred by the consignee, in relation to goods which have been taught in on consignment, is considered of as concluded in favour of consignantului, with condiţiunea as it consignatiei to notify the insurer before the existence of the payment of damages.

Article 7 In order to identify the goods consignment data, consignatarul is bound to preserve the goods in their original packaging and labels, to preserve intact the marks and any other outward signs, as were applied by the consignant.
When the consignment agreement provides for a specific storage or storage of the goods entrusted to it, consignatarul is off to move or store those goods to another location.
When the Convention does not provide for a specific storage, consignatarul can store or store the goods entrusted to him, only premises whose use has on the basis of documents by the date of the brawl or targeted financial administration, being obliged to make known as soon as consignantului, place of storage of the goods and any move of their own.

Article 8 Consignantul is entitled to control and verify, whenever the goods entrusted to the consignatarului and to undertake an inventory of them. To exercise this right, you will get consignatarul, whenever, upon request, the Presidential Ordinance, according to dispoziţiunilor art. 4 of this law.

Article 9 Consignatarul is required to notify in writing consignantului vitiile apparent or hidden assets entrusted to it.
In case of not reporting treatment, it is believed that the goods were received by the consignee in good condition.
Vitiilor apparent communication shall be made within two days, "whenever a long time and it would not be necessary, because condiţiunilor the goods sent.
Vitiilor communication will make the hidden within two days of their discovery.
Once the above time limits expired, consignatarul can no longer be received to invoke its exemption, on the basis of these vitii.

Article 10 all expenses for preservation and disposal of goods, consignment, relating to the consignee, except stipulatiunile.

Article 11 Consignatarul cannot sell or alienate the goods entrusted to consignment than rigid conditions specified in the contract.
Consignantul may change at any time, unilaterally, ready for sale, if the contract does not stipulate otherwise. Changes are required for the consignee, since they will be brought to the notice in writing.
In the silence of the contract on the condiţiunilor sale and dispoziţiune in absence of written from consignantului, not consignatarul may sell the goods entrusted to it than against cash and at current market prices.

Article 12 when the contract was not provided for remuneration or benefit of consignatarului, it will be entitled only to suprapreturile you will get from the sales, i.e. the difference between the actual prices from retail sales and prices laid down in the consignment contract or notes, bills, and consignantului provisions.
Where neither the contract nor through the notes, bills or provisions of consignantului did not mandate any price, and the sale will be made by the consignee at the current price, according to art. 11, para. 3, consignatarul will be able to address its retributiei mechanism for justice.

Article 13 in the case of sale on credit goods consignment data, claims to price payable consignantului belongs.
Front of borrowers and third parties, consignatarul will be able to, validly, whatever acts upon the claim and in particular will be able to receive payment, track them and get any proceeds of insurance measures.
The first application of consignatarul consignantului, is obliged to notify the debtor the origin and nature of the claim. From the time of submission of such notification consignatarul will be able to make any valid act in respect of the claims that this right belonging only to consignantului.
Prior notice in the event of refusal on the part of consignatarului to notify, consignantul will be able to popri whenever the amounts owed to motivated borrowers without giving bail.

Article 14 If consignatarului is granted by contract the right to make sales on credit, without specifying ready, consignatarul will be able to grant loans only to merchants in the industry terms that's a maximum of 90 days, based on accepted bills of Exchange or promissory notes.

Article 15 Consignantul is entitled to prohibit at any time consignatarului sales on credit to certain firms or persons namely, even if the contract was consignatarul empowered to make sales on credit, with or without restrictions. Stopping is binding from the moment the consignee will be brought to the notice in writing.

Article 16 in the absence of contrary stipulaţiune, consignatarul is jointly and severally liable for payment of the consignant period, the price of the goods sold on credit.

Article 17 Consignatarul is bound to cover all operations related to entrusted his goods on consignment, in such way that their inspection and verification can be done with ease.
Through consignment contract may stipulate an obligation for the consignee to keep one or more registers for switching operations relating to goods entrusted to consignment. Special registers for processing operations covered by the tribunal, would be held after the rules contained in the code of Commerce of the old Kingdom.
If the contract provides for an obligation for consignant to keep special records, he is obliged to present, whenever such records at first request to consignantului. To proceed to the examination and verification of special records on consignment, consignantul has the right to obtain the Presidential Ordinance in the manner provided for in art. 4 of this law.

Article 18 Consignatarul is obliged to notify on consignant, at times specified in the contract, all sales made from the goods entrusted to consignment, notification will need to show, precisely, the goods sold against cash and those sold on credit, indicindu for the latter's name and exact address of each borrower, the amount due, the date for payment of bills or guarantees granted and received.
In the case of silence, consignatarul is bound to make notification to the latest sales at the end of each week for all of the operations in question.

Article 19

Consignatarul is forced to submit and teach consignantului, at times specified in the contract, the price of all goods sold by him against cash and all proceeds from the proceeds of receivables arising from the sale of those goods until their prices, competition and the Bills and the guarantees received from the buyer.
If the contract does not provide remission consignatarul age is bound to teach consignantului, the latest at the end of each week, all moneys, bills and warranties above.
Until their remission, consignatarul can not do any act of disposition over the sums of money or securities resulting from the sale of property held by it on consignment, being the depositary of their own.

Article 20 Consignatarul may exercise vis-à-consignant no right of retention, any on the goods entrusted to him on consignment, nor the amounts or values resulting from the sale of those goods.

Article 21 in cases of bankruptcy of consignatarului, consignantul will be able to reclaim assets entrusted to their price or which had not been paid in money or otherwise.

Article 22 the parties may agree that consignatarul should be forced to teach consignantului of bills of Exchange or any other guarantees to ensure the value of the assets entrusted to it and exactei indepliniri of contractual duties, without thereby changing characters and effects of the consignment contract.
In case of removal of the goods entrusted to it, the consignantul can keep bills of Exchange and other guarantees have been given, to ensure the payment of the price of goods will be found to have been sold or are missing, but the amounts received from the consignee, such as neremise and damage caused.

Article 23 shall be punished with imprisonment from 2 months up to 2 years and by a fine ranging from 10 000-100 000 lei, without being able to grant extenuating circumstances, consignatarul: 1. Who will himself entrusted goods on consignment, or otherwise alienate or other conditions than those provided for in the contract, whether or not they will repay consignantului request.
2. consignantului will not remit moneys, bills, or collected or received by him, as the price of the goods sold in the manner described in article 11. 19 of this Act.
3. at the request of consignantului Which will not immediately make the notifications referred to in article 1. 13, of this law.

Article 24 shall be punished with imprisonment from one month up to one year, without being able to grant extenuating circumstances, consignatarul: 1. That, in bad faith, will not make the notifications referred to in article consignantului. 18 of this law.
It is considered bad faith consignatarul who, within three working days upon written request of consignantului, i never did notice up is shown.
2. That, with good science, you make consignantului neexacte situaţiunea notices relating to sales and revenue has been made 3. Consignantului will not notify any focus on tracking the goods entrusted to him on consignment or the values resulting from their sale, once it had knowledge of those chases.
4. Who will remove, destroy, or damage will be done to remove, destroy or damage packagings, labels, trademarks, or any other outward signs applied consignant for the goods entrusted to consignment.
5. which will store or move the goods entrusted to him on consignment in contra dispoziţiunilor contract or art. 7 of this law.
6. Who will not make available to consignantului, on request, special registers of consignment in the case when the contract provides for the keeping of such registers.

Article 25 if the offences provided for in the preceding articles would be committed by a legal person, the above penalties shall be applied to legal representatives and prepuşilor.
Particularly the punishment imposed representatives and prepuşilor, the legal person is jointly and severally responsible with prepuşii or representatives, to repair damage caused consignantului and shall be punished by a fine of 10 000-100 000 civil law.

Article 26 Pasuirile and consignatarului tolerances granted by consignant, for teaching the amounts or values, or for a refund of the goods and receipt of bills or other warranties by consignanti, don't remove the hard art. 23-25 of this law.

Article 27 (amended on 1 April 1936). Consignment contract is subject to a proportional tax of 0.75% on the value of the loan in goods set by the act regardless of the value of the quantities of goods which are taught during exercise, i.e. the duration of up to one year. Income tax proportionately is 1.50% for contracts concluded for a longer period or without a fixed term.
Those who don't will pay income tax to the formation of the Act will be punished in addition to income tax, and a fine equal to three times the amount of tax due.
The finding of violations and remedies are those listed in, the law on stamp duty.

Article 28 Art. 66 bis from the old Kingdom civil procedure extends well into United provinces, in terms of hard law.

Article 29 this law shall apply to both contracts on consignment which will conclude after its publication in the Official Gazette and consignment contracts that its publication can be found in the course of execution, for all things that pertain to future relations between the consignant and the consignee.

Article 30 of this law Any contrary dispoziţiuni, am and remain repealed.