Law No. 153 Of 5 April 1937 Relating To General Stores And Securing The Goods And Cereals

Original Language Title:  LEGE nr. 153 din 5 aprilie 1937 privind magazinele generale şi garantarea mărfurilor şi cerealelor

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Law No. 153 of 5 April 1937 (* updated *) concerning the General stores and securing the goods and cereals (updated until October 1, 2011 *)-PARLIAMENT ISSUING — — — — — — — — *) form of this updated regulatory action until October 1, 2011 is carried out by the legal department within the S.C. "territorial Center of Electronic Computing" Piatra Neamt by including all the changes and additions brought about by law No. 71 in June 2011.
The contents of this act is not an official document, being intended for the information of users Chapter 1 article 1 Issue warantei recipisei silos and Administrations of the State stores, and the company or companies for setting up the elevators, which would create the basis for establishment of silos, published in Monitorul Oficial nr. 143 on 1 July 1930, at the request of the depositor, shall be issued for goods or deposit receipts received grain warrant in rigid conditions listed below.


Article 2 Receipt will contain the following: 1. name appearing administration at which it was deposited.
2. Reference number of recipisei warrants.
3. The name, surname and domicile of the depositor, the quality.
4. The place where it is stored.
5. Kinds and quality of goods deposited, with all arătările trebuincioase, in order to be able to establish her identity.
6. Noting that the goods insured, e company, for what amount and for what period.
7. Debt for which he is eventually loaded cargo for transport payments, advances and others.
8. Due date of such debt and interest with the brightness of that date when flowing.
9. The date on which the goods are to be returned and the place of return.
10. the rental fees and manipulatie.
11. Date of issue of the warrant recipisei.


Article 3 every receipt is joined under the name of "warrant" a pledge containing the same appearing as the receipt.


Article 4 For the grain Administration has classified them according to the law, the receipt for the grain ranking and warantul arătările will encompass all of the ranking and the Administration to return to e bound on the amount of term grain quality shown.


Chapter 2 the negotiation of receipts and acknowledgements of and warrants article 5 they are transmissible through gir, or both together, or each individually. When they are transmitted together at the same time, the same person, it constitutes indorsement by the signature placed in back of recipisei and warantului and forward to the assignee the right to dispose of the goods. Endorsement of the recipisei separated from the assignee the right to forward the warrant to dispose of the goods, the payment of the sum borrowed with the restriction imposed by the warrant. Endorsement of the warantului separated from the receipt shall, by way of derogation from the rules of common law, a pledge over the goods on behalf of the transferee's warantului. Endorsements are made through simple signature, put in back in the respective columns headings, except as provided for in art. 6. Article 6 of the First gir warantului separated from the receipt will show: the sum secured by pledge), with interest rate and maturity;
  

b the name and profession), address of the creditor. Due date may not be more distant as the term for which he made the deposit. Same entries will be made and the receipt, signed by the beneficiary on it warantului.
  


Article 7 the first bearer of the warantului separated from the receipt e to transcribe records forced the issuing administration endorsement of girului, as specified in article 7. 6. the issuing Administration will certify on the warrant making the transcript showing pag. and no entry in the register of transcripts of the administration.


Article 8 each of the subsequent wearers warantului you are obliged as soon as they got warantul to endorse this, by registered letter, why did the administration released warantul domestic him/her names, first names and address. The same requirement must be satisfied and the wearer recipisei. In the event of failure to comply with these opinions, they are not responsible for any damage will result from this omission.


Article 9 Notwithstanding the common law rules, the goods in respect of which the receipt was issued-warrant can neither be traced, nor seized, on any grounds whatsoever. Tracking can be done only on goods and securities representing only if these titles are found still in the hand of the borrower.


Chapter 3 the liquidation of warantului article 10 receipts and Goods for which receipts have been issued the warrant will be issued against recipisei and warantului, and how payment amounts and fees paid.


Article 11 recipisei Spokeswoman obliged to pay duty at the wearer waranta warantului, obtaining maturity in return from this warantul paid for. He can pay the debt before the deadline, and in this case it reduces the interest for the time remaining until maturity, less than 10 days, for which the interest rate remains the lender as compensation.


Article 12 when the owner receives all warantului the sum secured by pledge, it is obliged to return the warantul with the mention, but only when it receives a portion of the amount then will make a corresponding indication on the warrant and will release that paid a receipt for the amount received.


Article 13 If the wearer is not known or warantului is missing, or not accepting payment in accordance with art. the previous wearer, recipisei will be able to get the merchandise, making the issuing administration, instead of warantului, the amount guaranteed by it. Outbound tourism administration will deliver the last known bearer of the warantului and will pay this amount to the holder, at his request, warantului v. warantului, noting the submission of the payment.


Article 14 When warantului and warantata amount endorsement of neither the receipt nor the mentioned transcribed in the issuing administration registers, it can release the cargo carrier, but only recipisei after passing eight days from the presentation of recipisei.


Article 15 if the amount deposited to the issuer for payment of debt warantate is not claimed by the wearer warantului until 8 days after the expiry of the due amount, the Administration will keep a House Deposit and Consemnaţiuni.


Article 16 warantului Spokesman over the amount secured by privilege, according to the article.


Chapter 4 Implementation in the event of non-payment Article 17 Repealed.
— — — — — — — —- 17 was repealed by lit. f) art. Act No. 230 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 18 the exercise of rights is not carrier suspended the warrant bankruptcy, suspension of payment, cessation of prohibition of the borrower or owner of the goods.


Article 19 Repealed.
— — — — — — — —- 19 was repealed by lit. f) art. Act No. 230 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 20 Repealed.
— — — — — — — —- 20 was repealed by lit. f) art. Act No. 230 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 21 Repealed.
— — — — — — — —- 21 c was repealed. f) art. Act No. 230 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 22 Repealed.
— — — — — — — —- 22 was repealed by lit. f) art. Act No. 230 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 23 Repealed.
— — — — — — — —- 23 was repealed by lit. f) art. Act No. 230 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 24 Repealed.
— — — — — — — —- 24 was repealed by lit. f) art. Act No. 230 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 25 Repealed.
— — — — — — — —- 25 was repealed by lit. f) art. Act No. 230 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 26 Repealed.
— — — — — — — —- 26 c was repealed. f) art. Act No. 230 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 27 Repealed.
— — — — — — — —- 27 was repealed by lit. f) art. Act No. 230 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 28 Repealed.
— — — — — — — —- 28 was repealed by lit. f) art. Act No. 230 71 in June 2011, published in MONITORUL OFICIAL nr. 409 of 10 June 2011.


Article 29 Amounts remitted to those in law only against refund documents provided on the reverse of the amounts are received. In case when the proceeds do not cover completely the amount guaranteed by the warrant, then warantul is returned to the holder, after which it will mention him by the Administration that issued the amount paid on behalf of the pledge.


Chapter 5 claims against the borrower and the borrower and endorsers article 30 the following sureties are liable jointly and severally to the wearer, in the event of warantului appeal against them. The wearer may not warantului but in against them than after he exercised his rights in respect of the goods or the insurance payments and only for the part of the buyer's claim.


The time limits laid down in article 31 of the law on the promissory note of 1 may 1934, for making the protest against the borrower and guarantors, the communications flow from the day when the sale of the goods. In any event, spokeswoman warantului lose appeal against endorsers if asked not to sell goods within 30 days of the due date warantului.


Chapter 6 miscellaneous Article 32 Dispoziţiuni


Receipts will be issued warrants from books with Queen Bee and will bear a number, date, and signature of persons authorized to represent the issuing administration. Acknowledgements as certificates of payment are subject to stamp tax provided for by the law of stamp duty. The first issue of warantului, a separate receipt, is subject to stamp duty as data for goods, bills of Exchange with due less than six months. This fee will be charged by Visa, before the transcript first registers the issuing administraţiunii gir. Various broadcasts of recipisei as well as warantului subsequent endorsements are exempt from any stamp duty and registration. Warrants issued for grain receipts by the administration or overhead bins of mixed State "Romanian society for silos"-S.A. will be exempt from all stamp taxes referred to above, which will apply only in respect of goods other than cereals.


Article 33 Companies issuing receipts and warrants against third parties are responsible for the regularity of the securities issued and keeping in good condition of goods deposited set forth in regulations in their ready for exploitation.


Article 34 the holder of the warrant is entitled recipisei to ask the administration which issued the certificate renewal or split it into several titles by paying the expenses of the operation.


Article 35 If the merchandise is not up within the time limit fixed by the receipt issuing the warrant, the Administration is right to sell by public auction, after eight days of the expiry of that period, consemnand the amount resulting from deposits and Consemnaţiuni, available to those entitled.


Article 36 receipts and warrants Wearers keep over benefits due in the event of loss or the amounts recorded in the event of a sale, the same rights and privileges that would on the goods.


Article 37 the wearer may require warrant recipisei sale of goods by auction which will be made after the rules laid down in article 21. 19-27 above.


Article 38 besides silos and General Administration of the State's businesses, may not be authorized to issue warrants than the society or societies, on the country or region that would take being under the law for establishment of silos, published in Monitorul Oficial nr. 143 on 1 July 1930. Any company incorporation of silos will have to meet and needs cleanup, finish and artificial drying, producers ' preference. Before the new silos, officials remain dispoziţiunile law of modifying art. 8 of the law on the establishment of silos, published in Monitorul Oficial nr. 216 of 15 September 1932.


Article 39 Warrants issued in accordance with art. 38, will be the National Bank girate, for a period of up to 270 days and for an amount representing a maximum of 80% on the value of the goods after the course scholarships Brăila, Galaţi, or from the day on which the pledge was made. The term gajarii may not, however, exceed the time limit entered in the warrant for lifting cargo.


Article 40 If before maturity warantului sudden price decrease is involved, so the value of the goods to cover payment of debt guaranteed with pledge, spokeswoman warantului may require a completion guarantee debtor. The request shall be made by registered letter and if within 5 working days does not receive coverage, the lender's right to demand the sale of the goods as it looks at art. 17. Article 41 In case of loss of recipisei or warantului, the title lost ceases to be valid from the moment of what the loss was notified by the issuing administration portăreii. The law can get a duplicate title lost at the Court of Commerce in place of title has been issued. To this end, he will make it public in the Official Gazette and in a newspaper in place of title has been issued, two ads every 5 days, showing the date and the title number, the Administration has issued, as well as the amount and maturity of the debt warrants. The same publication will be done and by the Court of afipte, the Town Hall, the Chamber of Commerce and local bank or nearest town where titles have been issued. Will address a request to the issuing of the certificate administration lost by submitting proof that the above evidence-based publications that will be legalized by respective authorities. After 30 days from the fulfillment of these formalities, the President of the Tribunal of Commerce will depend on the availability through Presidential Ordinance issuing the duplicate title lost. All costs for this will be handled by petitionar. In the above period, the owner will be able to pursue the title lost all the paperwork for keeping his rights, and may require payment at maturity, giving the bond or consemnand sum. Penalty filed by the complainant becomes free after three months from the date of the Presidential Ordinance, issuing the duplicate.


Article 42 after passing the 30 day time limit referred to above, third parties interested are deprived of any appeal against the issuing administration which issued the duplicate without damage their action against those that are to be disposed of or the amounts recorded.


The provisions of article 43 of the law on bills of Exchange and promissory 1 may 1934 recipisei warantului applies, to the extent that these dispoziţiuni are compatible with these titles.


Article 44 regulating the Payment, and any false statement, or in the registers provided for by this law, or in equity securities shall be punished in accordance with dispoziţiunilor of the criminal code for counterfeiters of coins.
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