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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Law No. 173 of 3 March 1941 for the Declaration of presumed death missing ISSUER PARLIAMENT Published in MONITORUL OFICIAL nr. 53 of 4 March, 1941, Chapter 1, article 1, Declaration of death at the request of any person interested or of the Public Prosecutor, disparutul can be declared dead by court decision: 1. If 10 years have passed since the last news about disappeared and 31 years after its birth.
2. If 5 years have elapsed from the date of last news and seventy years from his birth.
The term 10 or 5 years, will be calculated from the last day of the year in which the flow, according to the last news, disparutul was still in life.


Article 2 can also be declared dead, under the same conditions, that, whatever his age, disappeared under such circumstances that the death should be regarded as secure and 6 months have passed as fact had taken place, and if this date cannot be established, since the last news.


Article 3 the Court shall establish in cases of declaraţiune of death through its decision, taking into account the circumstances, the date on which it is presumed that disparutul died.
In the absence of evidence will be considered as the date of death the day expires the timelines items above.


Article 4 unless the contrary is proved, be presumed that disparutul was in vieata till date a declarative decision sets as being that of death.


Article 5 the statement produces legal effects of the death of death.


Article 6 If the declared dead shall be returned or if evidence is made, he resumes his property in nature, and if it is not, as far as possible to enrich the possessor.
When the owner had knowledge of the declared dead is in vieata, the liability will be determined, reckoning it started the action in claim from the day when good faith ceased.
If it is determined the date of death, the same rights belong to those who at that time were his legitimate heirs or estate.


Chapter 2 article 7 Provisional Administraţiunea the Tribunal will be able to put up a provisional majorului administraţiune wealth disappeared, if it is not put under guardianship or curatorship; When disparutul left an authorized agent will not appoint a provisional administrator unless he first appeared in any circumstance that would move toward revoking the mandate.
The provisional administrator will be appointed by the Court.


Article 8 Regulations prescribed for the tutelage of interzisului, apart from those concerning the person, shall apply and provisional, since not administraţiunii otherwise.
The provisional Administraţiunea Council will without being family.


Article 9 the rental or lease of more than one year, or for the renewal of such contracts have been made for more than 6 months before reaching term, will be the subject of judicial încuviinţării.
Subject to laws, regulations, court încuviinţării will be încuviinţate only if they are speedy and really need.


Article 10 at the request of any interested person, the Court will be able to provide that a provisional administrator to teach, in all or in part, the proceeds in excess of the needs of administraţiunii persons who, by law, have gone towards the right to food.


Article 11 Administraţiunea provisional disparutul no longer shall cease if it is prevented to take care of his belongings alone or if his death is proven.
Termination of the right of representation of the provisional administrator will not be able to be the opposite of a third person against an act concluded by it with the administrator if there was published in the Official Gazette incheerea about termination of provisional administration, or if the third party does not know another way before incheerea of the Act.


Chapter 3 article 12 procedure Dispoziţiuni for declaration of death, the competent court is exclusively the last home of the disappeared.


Article 13 Disparutul will be represented, in the absence of a legal representative, by a trustee, appointed by the Court.


Article 14 the President will invite through publications, those who know the news about dispărutului, to communicate to the Tribunal.
The publication is inserted at the expense of petitioner, in the Official Gazette and in one of the most widespread newspapers, a copy will be displayed at City Hall the last residence of the disappeared.


Article 15 After 6 months dela publication in the Official Gazette, the Court shall investigate ex officio if the person indicated in the claim disappeared into the rigid conditions provided for in chapter. I can get any informaţiuni and admits any means of proof, after which the President will set a time limit to which the Court is to rule.


Article 16 If the petitioner fails to appear, the Court shall reject the application ex officio and will disband the precautionary measures to be taken.
The decision will be given with the obedience of the Public Prosecutor.


Article 17 If the Court during desbaterilor, finds that the alleged disappeared was in vieata, or if you find death or through ' an act of civil status, will reject the application.


Article 18 the irrevocable Decision that finds the death will be communicated to the Office of civil status to be included in the register.
Legal costs are borne by the petitioner.


Article 19 presumed date of death Correction can be requested at the same Court ruled that the Declaration of death, anyone who has an interest. She is doing about it, quoting parts that were listed in the application for a declaration of death.
The Public Ministry will put the conclusions.


Article 20 When one whose death was declared by final sentence is alive he or those interested may request the annulment of the decision.
If it presents itself, the person whose death has been declared, the Court, quoting those who took part in the procedure declaration, will find its identity with that disappeared and will cancel the decision on the Declaration of death, mention the Act of birth and death.


Article 21 Procedure Declaration, rectifying and cancellation shall be effected ex officio. The absence of the parties does not prevent the pronouncement of the judgement.


Article 22 and shall require rectification or cancellation of the decision of declaring the death and there's real estate fortune, ex officio, the Court will ask the land demand in the notation.
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