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Law No. Of 30 September 1938 3,406 For Extending The Legislation From Bukovina Romanian Old Kingdom

Original Language Title:  LEGE nr. 3.406 din 30 septembrie 1938 pentru extinderea în Bucovina a legislaţiei din Vechiul Regat

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LEGE no. 3.406 3.406 of 30 September 1938 for the extension in Bucovina of the legislation of the Old Kingdom
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 228 228 of 1 October 1938



CAROL AL II Through the grace of God and the national will, King of Romania, To all present and future, health: On the report of the President of Our Council of Ministers and of the Ministry of Our Secretary of State at the Department of Justice with No. 95.052 of 29 Septemvrie 1938; Seeing the journal of the Council of Ministers with No. 2.401 of Septemvrie 1938; Seeing the opinion of the Legislative Council with No. 23 of 30 Septemvrie 1938; Pursuant to art. 98 of the Constitution, We decreed and decreed: + Article 1 In addition to the provisions introduced so far in order to unify, it extends, starting from 15 Octomvrie 1938, throughout Bucovina: the Romanian Civil Code of 4 Decemvrie 1864, with all the changes brought to it until today; Civil from March 14, 1900, with all the amendments made until today, as well as all the laws, regulations and civil, commercial, procedural and criminal provisions of any nature, as in force today in the Old Kingdom, without any exception. + Article 2 On the same date above, all codices, laws, regulations and provisions not unified and maintained until today in force by art. 98 of the Constitution, as well as all provisions of any nature, which would be contrary to the Romanian laws and regulations, shown above and extend in Bucovina, as well as to this law, are and remain repealed. + Article 3 The prescriptions started before the implementation of this law, will be regulated according to the local laws prior to the present one. + Article 4 The strengthened acts, according to the notary law, will be invested with the enforceable formula of the court or tribunal in the district of the notary residence. The actions and all applications introduced until the entry into force of this law, will be judged, according to the procedural norms in force, at the date of the request, and the executations started will continue according to the same norms. + Article 5 The pending trials on the implementation of this law, will continue to be judged by the court before which they are found. + Article 6 Land books are maintained with advertising registers. The establishment, transmission and extinguishment of real estate rights and other rights and acts subject to advertising, will be made according to the provisions of the Romanian legislation introduced. + Article 7 Until the final regulation of the institution of public notaries, the current public notaries will continue to operate in the locality where at the date of implementation of the present law they have their office, with the competence provided by art. 2 of the law for authenticating documents. On holiday case, public notaries will be able to be transferred, after request, by the Ministry of Justice, to the place become vacant. The award of the Registrar will be fulfilled by the person appointed by the Ministry of Justice, after the proposal of the notary and the opinion of the president In case of lack or prevention of the notary, the president of the tribunal will designate, after his proposal, the person to replace him; this will also follow in case of lack or prevention of the Registrar. The public notary's replacement will have to be major and licensed in law, and in case of lack of licensee will be able to be another public notary or a person in his office, approved by the tribunal president. The assignment of notary public is incompatible with the profession of lawyer and with any other public service. The public notary and the Registrar will not be able to act in the acts in which the persons shown by art. 274 274 of civil procedure. The files and registers of the notary public will be submitted to the district court in which it is based, at the end of each year. The documents authenticated by the notary public will be invested with the enforceable formula of the court or tribunal in the constituency to which the notary is based. The president of the tribunal will have on public notaries in his constituency the right of nightingale In case of deviations from duties, the tribunal as a disciplinary court, notified by the ministry, will be able to suspend on the public notary, within 15 days, up to 6 months, or to withdraw the notary the right to operate. In the case of judgments handed down by the courts as a disciplinary court, an appeal may be appealed within 15 days to the Court of Appeal. The business will be investigated, both at first instance and on appeal in the council chamber, with the citation of the notary and the hearing of the public ministry. The fees that can be charged by public notaries, are those in force at the time of the present law. Appeals to execution against notarial acts, will be directed at the court that approved the enforceable title. President of the Council of Ministers, Miron Patriarch of Romania CAROL Minister of Justice Victor Iamandi Referred to the Council of Ministers, Ministers, It is known to you that following the completion of the Romanian State in its historical borders, it was not possible for the legislation of the Old Kingdom to be extended throughout the entire country, nor for the total legislative unification to be carried out until today. This state of affairs had as a result the maintenance in force of old laws, being on the date of union in the allied territories and with all the strings made so far, could only be reached in part to the unification of certain laws, such as criminal code and criminal procedure, as well as several other special laws. In Bessarabia, it was the only part of the country where, through the law promulgated with Royal Decree No. 876 of 29 March 1928 , to suddenly extend: the civil code, the civil procedure code and the regulation for the making and enforcement of decisions, all the ordinances of procedure, contained in the trade code, as well as its regulations, the law on the rights of the owners, the law for ocoal courts, with its regulation and the law for the authentication of documents, without any inconvenience or any disturbance, and from the contrary to general satisfaction and to the satisfaction of the most natural national feeling. In Bucovina there was in force at the time of the Union the Austrian legislation and which, except for the laws and provisions of unification introduced so far throughout the country, is still in force today, being maintained by the provisions of art. 98 of the Constitution. This state of affairs, however, can no longer endure, not only because the Constitution itself states that all laws and codices in force will be reviewed, in order to unify legislation, but because it is inadmissible to keep in force in a part of the country a legislation that is no longer found today in force either in its country of origin and which could no longer be subject, nor can it be subject to any kind of modification. In order to reach the same regime of legislation throughout the country, it has been working for a long time at the Legislative Council on the codices of unification in order to bring such constitutional provisions to fruition, as well as the desideratum Unanimous that cannot form the object of any kind of speech. The works of the Legislative Council, however, although quite submitted, are not yet reached at their end in order to be implemented and how these works require a lot of study and examination in relation to their importance, it is absolutely necessary that For the time being, until the total legislative unification, the Austrian legislation in Bucovina will disappear, which is not only obsolete, but presents great inconvenience to the new administrative division of the country. In truth, through the new administrative division, the Suceava County has in its contents, apart from the contents of Bucovina and Dorohoi and Hotin counties, where the legislation of the Old Kingdom applies. On the other hand, the Court of Appeal of Chernivtsi has in its constituency the Tribunals: Dorohoi from the Old Kingdom and Hotin from Bessarabia. In such a situation it is inadmissible to be able to maintain in force a legislation that no longer has an application than in Bucovina and that presents so great inconveniences for a good administration of justice. For all these considerations, I reckoned that it is useful and necessary that, until the total legislative unification, the entire legislation of the Old Kingdom is also introduced in Bucovina, while repealing the entire Austrian legislation, as well as any other provisions and regulations still in force today in force and ununified. This measure, not only does not present inconveniences, but I reckon it is timely and easy to realize, especially that apart from the criminal code and criminal procedure, in a series of laws and special provisions, we are today in the presence of a beginning of partial unification, which can no longer be reconciled in all cases with the old Austrian legislation, causing to give birth in many cases conflicts of interprovincial law. For this purpose, we drew up the adjoining bill, whereby, besides the provisions introduced so far in view of unification, we provided with effect from 15 Octomvrie 1938 the extension throughout Bucovina of the entire legislature of the Old City. Kingdom, and also on the same date we provided for the abrogation of the entire legislature and all regulations and provisions of any ununified nature and maintained today in force by art. 98 of the Constitution or that would be contrary to the laws and regulations of the extended Roman regulations. In order to avoid any possible disturbances, we also provided that the prescriptions started before the implementation of this law, will be regulated according to previous local laws and that actions and all applications entered until the entry into The future of the law, as well as the executations started will continue to be tried and carried out according to the rules in force, at the date of the application and before the courts before which they are found With regard to the public notaries, we provided for the abolition of the institution by default, by repealing the laws and provisions that regulated it and by introducing in their place the provisions of the laws of the Old Kingdom, but given because The final regulation of this institution could in the future be the subject of a general unification legislature, we have provided for the maintenance of the current public notaries, with the competence provided by art. 2 of the law for authenticating documents. At the same time, because the provisions regulating this institution were repealed, it had to be provided in the law and some provisions to regulate the legal situation and the functioning of the public notaries held in the works, in the agreement and with the extended legislature. If you and your gentlemen share this way of seeing, please authorise us to submit to the High Signature of Her Majesty the King the adjoining bill. Justice Minister, Victor Iamandi ------------