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Law No. 173 Of 3 March 1941 For The Declaration Of Presumed Death Missing

Original Language Title:  LEGE nr. 173 din 3 martie 1941 pentru declararea morţii prezumate a celor dispăruţi

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LEGE no. 173 173 of 3 March 1941 for the declaration of presumed death of the missing
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 53 53 of 4 March 1941



+ Chapter 1 Death declaration + Article 1 At the request of any interested person or the Public Ministry, the disappearance may be declared dead by court decision: 1. If it has been 10 years since the date of the last news about the existence of the missing one and 31 years since its birth. 2. If it has been 5 years since the date of the last news and 70 years since his birth. The term of 10 or 5 years, will be counted from the latter day of the year in which, according to the latest news, the disappearance was still alive. + Article 2 It can also be declared dead, under the same conditions, that, whatever its age, disappeared in such circumstances that death must be regarded as safe and it has been 6 months since it took place, and if the date of this cannot be established, from the date of the last news + Article 3 The court will determine in case of declaration of death by its decision, taking into account the circumstances, the date on which the disappearance was presumed to have died. In the absence of indications, the date of death will be considered as the date of death when the deadlines provided for by the above + Article 4 If it does not prove otherwise, it is presumed that the disappearance was in life until the date on which the declarative decision establishes it as that of death. + Article 5 The declaration of death produces the legal effects of death. + Article 6 If the declared dead is returned or if the proof of his existence is made, he resumes his goods in nature, and if this is not possible, to the extent of the enrichment of the possessor. When the owner was aware that the one declared dead is in life, the liability will be determined, counting on the action in the claim from the day when the good faith ceased. If the date of death is established, the same rights belong to those who at that time were his legitimate heirs or testamentaries. + Chapter 2 Provisional administration + Article 7 The Tribunal will be able to order the provisional administration of the disappearance of the missing majority, if it is not put under guardianship or cleanse; when the disappearance has left a general trustee, it will not be called a provisional administrator unless there is any circumstances that would entitle the revocation of the mandate. The provisional administrator will be appointed by the court. + Article 8 The rules prescribed for the guardianship of the ban, apart from those relating to the person, will also apply to the provisional administration, as it is not otherwise ordered. The provisional administration will be without the family council. + Article 9 The rental or lease for more than one year or the renewal of these contracts made more than 6 months before the deadline, will be subject to the consent of the court. The acts subject to the consent of the court, will be approved only if they are of a speedy and undefended need. + Article 10 At the request of any interested person, the court will be able to order that the provisional administrator hand over, in whole or in part, the income exceeding the needs of the administration of persons who, according to the law, have the face to food. + Article 11 The provisional administration ceases if the disappearance is no longer prevented from taking care of its goods alone or if its death is proven. The termination of the right of representation of the provisional administrator cannot be opposed to a third person, however, against an act concluded by him with the administrator if it was not published in the Official Gazette the conclusion about the termination the provisional administration, or if the third person does not know the other way before the end of the act. + Chapter 3 Procedural provisions + Article 12 For the declaration of death, it is exclusively competent the tribunal of the last domicile + Article 13 The disappearance will be represented, in the absence of a legal representative, by a curator, appointed by the court. + Article 14 The president invites you through publications, those who have news about the existence of the disappearance, to communicate to the tribunal. The publication will be inserted at the expense of the petitioner, in the Official Gazette and in one of the more widespread newspapers, a copy will be displayed at the City Hall of the last home of the + Article 15 After 6 months from the date of publication in the Official Gazette, the court will investigate ex officio whether the person shown in the application disappeared in the conditions provided for in Cap. I, being able to take any information and admit any means of proof, after which the president will set a deadline for the court to rule. + Article 16 If the petitioner does not appear at the deadline, the court will reject the request ex officio and abolish the provisional measures taken. The decision will be given with listening to the Public Ministry. + Article 17 If the court in the course of the debaucheres finds that the alleged disappeared is in life, or if he finds his death by an act of civil status, he will reject the application. + Article 18 The irrevocable decision finding the death will be communicated to the Office of Civil Status to be entered in the register. The costs are charged to the petitioner. + Article 19 Rectifying the date of presumed death can be required at the same court that pronounced the declaration of death, by anyone who has an interest. It is done by way of action, quoting the parties that have figured in the application for the declaration of death. The Public Ministry will make conclusions. + Article 20 When the one whose death was declared by the irrevocable sentence is alive, he or those interested can ask for the annulment of the decision. If the very person whose death has been declared is presented, the tribunal, quoting those who took part in the declaration procedure, will ascertain his identity with that missing person and annul the decision to declare the death, making mention on the the act of birth and death. + Article 21 The procedure for declaration, rectification and cancellation shall be made ex officio. The lack of parties shall not preclude the decision + Article 22 When it is required to rectify or cancel the decision to declare the death and there is real estate, the court of office, will ask for the request to be noted in the land ---------------