LEGE no. 153 153 of 5 April 1937 (* updated *) on general stores and the guarantee of goods and cereals (updated until 1 October 2011 *)
ISSUER
PARLIAMENT
---------- *) The updated form of this normative act until October 1, 2011 is carried out by the legal department of S.C. "Territorial Center of Electronic Computing" S.A. Piatra-Neamt by including all modifications and additions made by LAW no. 71 71 of 3 June 2011 . The content of this act is not an official document, being intended to inform users + Chapter 1 The broadcast of the warance + Article 1 The administrations of the general silos and shops of the State, as well as the company or companies for the establishment of silos, which would be created under the Law for the establishment of silos, published in the Official Gazette no. 143 of 1 July 1930, at the request of the depositor, shall issue for the goods or cereals received in the storage container warant in the conditions set out below. + Article 2 The container shall include the following: 1. The name of the administration to which the goods were deposited. 2. Current number of the warante recipsis. 3. Name, surname, quality and domicile of the depositor. 4. The place where the goods are stored. 5. The way and the quality of the goods submitted, with all the necessary showings, to be able to establish her identity. 6. The mention that the goods are insured, at which company, for what amount and on what term. 7. The amounts with which the goods are possibly loaded for transport payments, advances and others. 8. The maturity of these debts and the respective interest with showing the date when it flows. 9. The date on which the goods are to be returned and the place of return. 10. Storage and handling fees. 11. Date of release of the warant recipher. + Article 3 In each container is joined under the name "warant" a pledge bulletin containing the same forefings as the container. + Article 4 For the cereals that the administration has classified according to the law for the classification of cereals, the container and the warant will include all the shows of the ranking certificate and the administration is obliged to return to the term the quantity of grain of the quality shown. + Chapter 2 Negotiation of reefs and wares + Article 5 Recipsas and wares are transmissible through gir or both together, or each one. When they are transmitted together at the same time, the same person, the endorsement is constituted by the signature put in the back of the recipher and the warant and conveys to the assignee the right to dispose of the goods. The endorsement of the reef separate from the warant conveys to the transferee the right to dispose of the goods, with the restriction of paying the amount borrowed through the warant. The endorsement of the warant separately from the vessel constitutes, by way of derogation from the rules of common law, a lien on the goods for the benefit of the transferee of the warant. The endorsements are made by simple signature, put at the back of the titles in the respective columns, except provided for in art. 6. + Article 6 The first gir of the warant separated from the container will show: a) Amount guaranteed by pledge, with interest and maturity; ... b) Name, profession and address of the creditor. The maturity cannot be further apart as the term for which the deposit made. The same entries will also be made on the container, being signed on it by the beneficiary of the warant. ... + Article 7 The first bearer of the warant separated from the container shall be obliged to transcribe in the registers of the issuing administration the complete mention of the endorsement, as specified in art. 6. The issuing administration will certify on the warant performing the transcript, showing the pag. and No. of enrolment in the administration's transcript of transcripts. + Article 8 Each of the subsequent bearers of the warant are obliged as soon as they have acquired the warant to endorse this, by registered letter, the administration that issued the warant while communicating its name, surname and address. The same obligation must also be fulfilled by the reef's bearer. In case of failure to comply with these opinions, they remain liable for any damages arising from this omission. + Article 9 By way of derogation from the rules of common law, the goods for which the container was issued-warant-can neither be traced nor seized, under any circumstances. are still found in the debtor's hand. + Chapter 3 Liquidation of reefs and warant + Article 10 The goods for which the warant containers have been issued will be issued against the reef and the warant, as well as the payment of the amounts and taxes due. + Article 11 The bearer of the recipsis is obliged to pay the warant bearer the wartime debt at maturity, obtaining in return from him the paid warant. He may also pay the debt before the fixed term, and in this case it is reduced interest for the remaining time to maturity, less than 10 days, for which interest remains to the creditor as compensation. + Article 12 When the owner of the warant receives all the guaranteed amount through the pledge, he is obliged to return the warant with the paid mention, when he receives only part of the amount then he will make an appropriate mention on the warant and will release to the one who paid a receipt for the amount received + Article 13 If the warant is not known or missing, or does not accept payment according to art. precedent, the reef's bearer will be able to obtain the goods, submitting to the issuing administration, instead of the paid warant, the amount guaranteed by him The issuing administration will endorse the last known carrier of the warant and will pay this amount to the owner of the warant, on request, against the deposit of the warant, with the mention of acquittal + Article 14 When the endorsement of the warant and the warhead amount are neither mentioned on the container, nor transcribed in the registers of the issuing administration, it may release the goods to the carrier of the recipher, but only after the 8-day crossing from the presentation of the recipher. + Article 15 If the amount deposited with the issuing administration for the payment of the warantate debt is not reported by the bearer until 8 days after the expiry of the maturity, the administration will record the amount at the House of Deposers and Consemnations. + Article 16 The bearer of the warant has a privilege over the amount deposited, + Chapter 4 Execution in case of non-payment + Article 17 Repealed. --------- Article 17 was repealed by letter. f) a art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 18 The exercise of the rights of the warlord is not suspended by bankruptcy, suspension of payments, prohibition or termination of the borrower or the owner of the goods. + Article 19 Repealed. --------- Article 19 was repealed by the letter. f) a art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 20 Repealed. --------- Article 20 was repealed by the letter. f) a art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 21 Repealed. --------- Article 21 was repealed by the letter. f) a art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 22 Repealed. --------- Article 22 was repealed by the letter. f) a art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 23 Repealed. --------- Article 23 was repealed by the letter. f) a art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 24 Repealed. --------- Article 24 was repealed by letter. f) a art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 25 Repealed. --------- Article 25 was repealed by the letter. f) a art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 26 Repealed. --------- Article 26 was repealed by the letter. f) a art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 27 Repealed. --------- Article 27 was repealed by the letter. f) a art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 28 Repealed. --------- Article 28 was repealed by the letter. f) a art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 29 The amounts shall be remitted to those in law only against the refund of the documents with the mention on the back that the amounts In case the resulting amounts do not fully cover the amount guaranteed by the warant, then the warant shall be returned to the owner, after which the amount paid in the account of the pledge will be mentioned by the issuing administration. + Chapter 5 Appeal against the borrower and the guarantors + Article 30 The borrower and the following guarantors shall be jointly and severally liable to the bearer, in case of appeal against them. The bearer of the warant, however, may not resort against them until after having exercised his rights to the goods or to the insurance allowances and only for the part of the unpaid claim. + Article 31 The terms fixed by the law on the cambia of May 1, 1934, for the making of the protest against the borrower and the communications to the guarantors, flow from the day when the total sale of goods In all cases, the bearer of the warant loses the right of appeal against the guarantors if he did not ask for the sale of the goods within 30 days of the maturity of the + Chapter 6 Miscellaneous provisions + Article 32 The warante recipisas will be issued from matca carnets and will carry a current number, date and signature of authorized persons to engage the administration that issues them. The reefs as well as the payment certificates are subject to the fiscal stamp provided by the stamp law. The first issue of the warant, separate from its container, is subject to a stamp duty as well as bills given for goods, with maturities of less than six months. The latter fee will be charged by visa, before the first gir is transcribed in the registers of the issuing administration. The various transmissions of the recipher, as well as the subsequent endorsements of the warant, are exempt from any stamp duty and registration. The warant recipuses issued for cereals by the administration of the State silos or the mixed direction "Romanian Society for Silos"-S.A., will be exempt from all the stamp duties provided above, which will apply only to other goods than cereals. + Article 33 Companies that issue containers and wares shall be liable to third parties to the regularity of the securities issued and to the preservation in good condition of the goods deposited in the conditions established by their operating regulations. + Article 34 The owner of the warant recipsis has the right to ask the administration that issued the title, renewal or split in several titles, paying the expenses of the operation. + Article 35 If the goods do not rise within the period fixed by the warant container, the issuing administration is entitled to sell it by public auction, after the passage of eight days from the expiry of this period, recording the amount resulting from the House of Submissions and Consemnations, to provision of those in law. + Article 36 The bearers of the reefs and of the warrants shall keep on the allowances due in case of sinister or on the amounts recorded in case of sale, the same rights and privileges that had on the goods. + Article 37 The bearer of the warant recipsis can ask for the sale of the goods at the auction that will be made according to the norms 19 19-27 above. + Article 38 Apart from the state's silos and general store administrations, they will not be able to be authorized to issue warante than the company or companies, by country or region, which would be established under the Silo Establishment Act, published in the Official Gazette no. 143 of 1 July 1930. Any company for the establishment of silos will also have to satisfy the needs of cleaning, ranking and artificial drying, preferably of manufacturers. Until the operation of the new silos begins, the provisions of the amending law of art. 8 of the law for the establishment of silos, published in the Official Gazette no. 216 216 of 15 September 1932. + Article 39 Wares issued according to art. 38, will be able to be endorsed at the National Bank, for a term of up to 270 days and for an amount representing no more than 80% on the value of the goods after the exchange rate of Braila, Galati or Constanta, from the day the pledge was made. The term of the pledge will not be able to exceed the term in the warant to raise the goods. + Article 40 If before the maturity of the warant intervenes the sudden decrease in the price of the goods, so that the value of the goods no longer covers the payment of the claim guaranteed with the pledge, the bearer of the warant may ask the debtor to The request will be made by registered letter and if within 5 days free does not receive the coverage, the creditor is in the right to ask for the sale of the goods as shown in art. 17. + Article 41 In case of loss of the reef or of the warant, the lost title ceases to be valid from the moment the loss was notified through the carriers of the issuing administration. The one in law can obtain a duplicate of the lost title from the trade court in the locality where the title was issued. For this purpose, he will make it public in the Official Gazette and in a newspaper in the locality where the title was issued, two announcements every 5 days, showing the number of the title, the date and the administration that issued them, as well as the amount and maturity of the debt warante. The same publication will be made by afipte at the door of the trade court, at the town hall, at the Chamber of Commerce and at the local Bank or the nearest to the locality where the titles were issued. Will address a request to the issuing administration of the lost title, submitting proof of performance of the above publications that will be legalized by the respective authorities. After 30 days from the fulfilment of these formalities, the president of the trade court will be able to order by presidential order the issuance of the duplicate of the lost All expenses occasioned for it will be borne by the petitioner. During the above period, the owner of the lost title will be able to exercise all the acts for the preservation of his rights, and at maturity can ask for payment, giving bail or recording the amount. The bail filed by the complainant becomes free after three months from the date of the injunction, which orders the release of the duplicate. + Article 42 After the deadline of 30 days, provided above, the interested parties are deprived of any appeal against the issuing administration that issued the duplicate, without the damage of their action against those who will be unjustly disposed of goods or the amounts recorded. + Article 43 The provisions of the Law on Cambia and the Ticket on Order 1 May 1934 also apply to the reef of the warant, in so far as these provisions are compatible with these securities. + Article 44 Payment, postdating and any false mention, either in the registers provided by this law or in titles, will be punished according to the provisions of the Criminal Code for coin counterfeiters. ---------------
