Law No. of 30 September 1938 3,406 for expansion in Bukovina legislation old Kingdom PARLIAMENT ISSUING published in MONITORUL OFICIAL nr. 228 of 1 October 1938 to CHARLES II By the grace of God and the will of the King of Romania's national team, all of the face and future health: President of the Council on the report of our Ministers and Our Ministry Secretary of State at the Department of Justice with Nr. 95,052 Septemvrie 29, 1938;
Seeing the journal the Council of Ministers No. Septemvrie 2,401 from 1938;
Seeing the opinion of the Legislative Council with the No. 23 of 30 Septemvrie (1938);
Pursuant to article 1. 98 from Constitutiune, I decreed and decretam: Besides the dispoziţiunile placed before unification, in order to expand, starting at 15 Octomvrie 1938 throughout Bucovina: Romanian civil Code of 4 1864, although Decemvrie changes what i have brought up today; Code of civil procedure of 14 March 1900, with any changes until today, as well as all applicable laws, regulations and dispoziţiunile of civil, commercial and criminal proceedings of any kind, as they are in effect today in the old Kingdom, without exception.
Article 2 on the same date above all codices, the laws, regulations and dispoziţiunile neunificate and maintained in force until today through art. 98 from Constitutiune, and all dispoziţiunile of any kind, which would be contrary to the laws and regulations referred to above, and expand in Bukovina, and of this Act, are repealed and remain.
Article 3 Prescripţiunile started before the implementation of this law shall be governed the laws of preceding local front.
Article 4 the acts strengthened law notary, will invest the enforceability of court or Tribunal notary residence in Vienna.
Actions and all applications entered before the entry into force of this law shall be judged according to the procedural rules in force at the date of application, and runs started will continue according to the same rules.
Article 5 Processes pending the implementation of this law will continue to be judged by the Court before which they are found.
Article 6 land Books shall be maintained with advertising.
Establishment, transmission and switching off of real estate rights and any other rights and acts subject to advertising, will be made after dispoziţiunile the Romanian legislation introduced.
Article 7 until permanent institution regulating notaries public, current public notaries will continue to operate in the town at the time of the implementation of the present law have their Office with competinţa provided by art. 2 of the law for the authentication of documents.
At the event, public notaries will be transferred after the request, the Justice Ministry instead of the vacancy.
Atributiunea the Registrar will be fulfilled by the person designated by the Minister of Justice, after a proposal from the President of the Court and the opinion of the notary district.
In case of lack or foreclosure of the notary, the President of the Court shall designate, after its proposal, the person to replace him; all this will be followed in the event of the absence or foreclosure of the Registrar.
The notary public will have to be major and graduated in law, and in case of lack of degrees could be another notary public or a person in the Office, approved by the President of the Tribunal.
Commission of the notary public is incompatible with occupation and with any other operation.
Notary and Registrar will not be able to in the acts in which the tool storage would figure people shown by art. 274 from civil procedure.
The files and records of public notary shall be lodged with the District Court in which it has its registered office, at the end of each year. The acts of notary public authenticated will be invested with the enforceability of court or Tribunal in the constituency to which the clerk has its headquarters.
President of the Tribunal will take over the notaries public in Vienna to the right privighere.
In the event of deviations, the Tribunal charges that Dale Court refers the matter to the disciplinary, Ministry, will be able to suspend the notary public, for a period of 15 days up to 6 months, or to withdraw the notary right to work.
From the judgments of tribunals as a disciplinary court, can be appealed within 15 days at the Court of appeal.
Shall be given to business, both at the first instance court, and the appeal board room, summoning and hearing of the public notary.
What fees may be charged by public notaries are those in force at the time of the face.
Enforcement & appeals to the notary acts, will head the Court countenanced the instrument permitting enforcement.
The President of the Council of Ministers, the Orthodox Patriarch of Romania Miron CHARLES Justice Minister Victor Iah Council of Ministers Report, gentlemen Ministers, Will is known as intregirii in the aftermath of the Roman State in its historical borders, was not possible as the law of the old Kingdom to be extended throughout the country, nor as rounded total legislative unification to be kin until today.
This state of affairs resulted in the maintenance in force of the old legiuirilor, aflătoare at the time of the Union territories connected with all sfortarile made so far, not been able reach only in part to the unification of certain laws, such as criminal law and criminal procedure as well as a few other special laws.
In Bessarabia, was the only part of the country, by the law which was signed with Royal Decree No. 876 of 29 March 1928, was extended at once: the civil code, the code of civil procedure and rules for the creation and execution of hotarniciilor, all the Ordinances of the procedure contained in the commercial code, as well as his regulations, law on the rights of the owners, the law courts of wards, with its regulation and law for the authentication of documents without any inconvenience or perturbatiune some, & general satisfaction and towards satisfying the most natural feeling.
In Bukovina was in force at the time of annexation by the Austrian legislation and that, with the exception of unifying laws and dispoziţiunile introduced so far throughout the country, is still in force today, being maintained by dispoziţiunile art. 98 from Constitutiune.
This state of affairs but can no longer endure, not only because Constitutiunea itself provides that all laws of the country and will be in force codices review and eventual unification, but because it is impossible to maintain in force in one part of the country's legislation which are no longer found today in force nor in her country of origin and who has not previously been subject to nor can no longer be the subject of any kind of change.
In order to reach the same legislation across the country, is working for a long time to the Legislative Council to unify codices in order to bring to fruition, both constitutional dispozitiuinile and unanimous desire which cannot form the subject of any kind of discutiune.
Proceedings of the Legislative Council but, although pretty, are not yet reached their completion to be implemented and how these works require much study and exam amanunti towards their importance, it is absolutely necessary that for the time being, until the unification of the disappear total legislative, Austrian law, which not only is obsolete, but exhibit considerable inconvenience compared to the new neighbourhoods of the country.
In truth, through the new neighbourhoods, Land in Westmeath has or, apart from the contents of the Bukovina Khotyn and Dorohoi and counties, where it applies to legislation of the old Kingdom.
On the other hand, the Court of appeal in Chernivtsi has a constituency to the courts: Danko of the old Kingdom and Khotyn in Bessarabia.
The situaţiune is also inadmissible to be able to maintain in force legislation that no longer has aplicatiune than in Bucovina and posing so great inconvenience for a proper administration of Justice.
For all these, I counted as heritage issues is useful and necessary to ensure that, until the total legislative unification, should be introduced and the Bukovina, the entire legislation of the old Kingdom, abrogandu-the entire Austrian legislation and any other dispoziţiuni and regulations still in force today and neunificate.
This measure not only does not present problems, but reckon that is far-sighted and easily achieved, especially as apart of the penal code and criminal procedure in a series of laws and special dispoziţiuni, we find ourselves today in the presence of a partial unification begun, neither can no longer reconcile in all cases with old Austrian legislation citing his birth in many cases conflicts as interprovincial.
To this end, we have drawn alăturatul through the Bill, which, besides the dispoziţiunile placed before the purpose of unification, I laid down with effect from 15 Octomvrie 1938 extension throughout the whole of Bukovina legislatiuni of the old Kingdom, and at the same time on the same date we provided for the repeal of the entire legislatiuni and all regulations and any kind of dispoziţiunilor neunificate and maintained in force by article. 98 from Constitutiune or which would be contrary to the Romanian laws and regulations.
In order to avoid any possible perturbatiuni, I never made that prescripţiunile started before the implementation of this law, will be governed after local laws and that the actions and all applications entered before the entry into force of the law, as well as continuous runs commenced will be judged and conducted according to the rules in force at the date of the application and in the courts before which they are found.
In terms of public notary, have provided for the abolition of institutiunii by default, by repealing laws and dispoziţiunilor which a regulating and by inserting in lieu of their dispoziţiunilor from the laws of the old Kingdom, but given this definitive because regulamentarea instituţiuni could do in the future subject to legislatiuni of General unification, we provided for the maintenance of the current public notaries, with competinţa provided by art. 2 of the law for the authentication of documents.
At the same time, because dispoziţiunile were repealed regulating this institutiune, I had to lay down the law and some dispoziţiuni to cover legal and situaţiunea functioning of notaries public stand out from the consent and functions with legislatiunea.
If your Majesty and share this way of seeing, please authorize us to submit ourselves to His signature High Majesty King alăturatul Bill.
Justice Minister Victor Iah ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─