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Law No. 254 Of 27 March 1941

Original Language Title:  LEGE nr. 254 din 27 martie 1941

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LEGE no. 254 254 of 27 March 1941 for the passage of Jewish urban properties into the State's patrimony and for the cessation of Jews to acquire urban real estate or certain real rights to these buildings
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 74 74 of 28 March 1941



+ Chapter 1 The passage of Jewish urban buildings in the state patrimony + Article 1 The urban buildings that are the property of Jews, individuals or Jewish societies, enter full right into the patrimony of the State, from the date of publication of the present decree-law. Thus, the state patrimony of superficie rights belongs to the individuals or companies provided above, on urban buildings. + Article 2 Urban buildings are considered, within the meaning of the present law, the buildings located within the perimeter of the municipalities, urban or suburban communes, with the exception of goods that are rural, according to art. 3 of the decree-law for the passage of Jewish properties into the patrimony of the State, from 4 Octomvrie 1940, or which are provided by art. 1 of the decree-law of 17 Noemvrie 1940, for the completion of the decree-law of 4 Octomvrie 1940. It is not subject to the provisions of the present law on cladite land that is effectively affected by the exploitation of an industrial or commercial enterprise, if the + Article 3 They are considered Jews within the meaning of the present decree-law, those provided by art. 2 of Decree-Law No. 3.347 of 4 Octomvrie 1940 . + Article 4 They are considered Jewish, within the meaning of the present decree-law, civil or commercial societies in which one of the limited associations is Jewish or those in which 40 percent of the capital belongs to the Jews. + Article 5 The provisions of the present decree-law will not apply: a) Jews who acquired naturalization by individual laws until August 15, 1916; b) Jews who belong to the Romanian army were injured in the wars of Romania, or were decorated or quoted with an order of day for acts of bravura, enjoyed during these wars; c) descendants of those Jews who, belonging to the Romanian army, fell in the wars of Romania; d) Jews or Jews baptized Christians for at least 20 years, if they are married to Romanian or Romanian; e) Jews or Jews, baptized Christians, if they are married to a Romanian or a Romanian for at least 10 years and if from marriage were born children who were baptized Christians; f) Jews who have been baptized Christians for at least 30 years; g) descendants of those shown in the preceding paragraphs. The fulfilment of the legal conditions in order to benefit from the above mentioned exceptions, will be found and confirmed, by the National Romanization Center, the jurisdictional section, by reasoned decision. + Article 6 Jews who have given evidence of exceptional devotion to the country and who have brought, they or their ascendants, exceptional services to the country, will be able to be exempted from the application of the provisions of this decree-law, only by decree-law. The proposal will make it the Council of Ministers, based on the reference of the National Romanization Center, the jurisdictional section. + Article 7 Within 30 days from the date of publication of this decree-law, all Jewish holders of a right of property or superficie, on a building entering the provisions of the present decree-law, are obliged to submit to the National Center of Romanization (Ministry of National Economy), a declaration that includes: a) name, pronoun and domicile of the declarant b) the individualization of goods entering into the provisions of this decree-law, with the showing of stretching, limits, neighbourhoods and their settlement, county, commune, street and number, land registry number and topographic numbers, as well as with showing real rights, bearing on these goods. Failure to submit statements within the deadline, as well as to knowingly make unaccurate statements, will attract the loss of the right to the indemnity provided in art. 15, without the prejudice of the right of third parties subrogated on + Article 8 The former Jewish owner is obliged to hand over to the National Center for Romanization, the good past in the patrimony of the State, at the deadline set by the Center, through + Article 9 Taking possession of goods passed into the patrimony of the State, by virtue of this decree-law, will be made by special delegates of the above-mentioned Center, who will draw up an inventory in double copy, with the showing of the state of these goods. One of the copies will be submitted to the National Romanization Center, and the other will be handed to the owner or the superficial. + Article 10 Former Jewish owners retain the right of use, on urban buildings passed in the patrimony of the State, in the power of this decree-law, until the reception of the notice provided by art 8; they are responsible for the natural and civil fruits of the property, from the date of receipt of this notice. The tenancy contracts, concluded by virtue of their right of use by the former Jewish owners, without prior authorization of the National Romanization Center, will not be opposable to the State, than for no more than one year, counted from the date publication of this decree-law. + Article 11 In the case of urban buildings in indivision, non-Jewish co-owners, or only some of them, with the invocation of others, will have the right to redeem, at the value established by the National Romanization Center (jurisdictional section), the individual rights of the Jewish co-owners. Individualized property on floors or apartments, according to special laws, does not fall into the provisions of the previous paragraph. The payment of the Jewish individual rights will be made in the conditions provided by art. 14. If the non-Jewish owners will use the right of redemption, making a request for appreciation, within three months from the date of publication of this decree-law, the above-mentioned Center, the redeemed individuals will be reckoned that they have not passed in the State's + Article 12 The Romanian owner of an urban building, on which a Jew has a right of uzufruit, use or habitation, will be able to redeem these rights, paying the Jew, in the conditions provided by art. 14, the value established by the National Center for Romanization (Legal Section), cherished according to the norms provided by the stamp law and the tax on legal acts and deeds. + Article 13 Due diligence for urban goods that pass into the patrimony of the State, it will be established on the basis of the gross income with which these buildings are found in the matrices of direct contributions, by the last census. In the case of the right of superficie, account shall be taken of the non-expired part of the period for which that right was constituted. If from any causes, the value of the property has depreciated since the date of the last census, the indemnity will be decreased accordingly. + Article 14 The exhortity will be paid by the National Center for Romanization, and the nominal value, in annuity, wearing a 3% interest. The former Jewish owner will not be entitled to the coupons due before the date of handing over the property. + Article 15 Urban goods will enter the patrimony of the State, free of any tasks and the demands of any nature on a good past in the patrimony of the State, will be capitalized only on due compensation. + Article 16 By derogation from the provisions of art. 14, the non-Jewish holders, of the real rights, bearing on the urban buildings listed in the patrimony of the State, as well as the non-Jewish chirographic creditors of the Jew, will be paid at the choice of the National Center for Romanization, in reimbursable securities, in no more than three years, bearing a interest of 3%, or with the invocation of entitlement by giving in payment of goods passed in the patrimony of the State, in the power of the present decree-law. In the case of the usufruit, the exhortity in money or securities, due to the full ownership, will be paid to the usufructarului, if it gives guarantees counted indestulating by the National Center for Romanization, and to extinguish the usufruit, its cash the titles will be returned to the said Center that will pay the indemnity of the Jewish owner in the conditions provided by art. 14. If the usufructsar cannot give the guarantees required by the National Center for Romanization, he will receive the value of the uzufruit after the appreciation made according to the stamp law and the proportional tax. The buildings, the property of the Jews, entering the provisions of this decree-law, which will be encumbered by the obligation to pay a viagere annuity constituted as the price of the purchase by the Jew in favor of the non-Jewish seller, will be able to be returned the former owner or renta paid in cash by the National Romanization Center. The same right will have the Christian sellers of buildings who have not collected from the Jewish buyer until the date of publication of this decree-law, than no more than 50% of the sale price. + Article 17 The National Center for Romanization (Judicial Section) is competent to settle all appeals regarding the rights derived from the application of this decree by way of derogation from the provisions of the Civil Code Commercial Code. + Article 18 The National Center for Romanization will be organized by a special decree. + Chapter 2 Stopping Jews from acquiring certain real rights to urban buildings + Article 19 Jews cannot acquire with any title, property rights, superficie, uzufruit, use or habitation on urban buildings, except if by special law certain neighborhoods or perimeters intended exclusively for the Jewish population and only in the conditions of that law. + Article 20 Public notaries will refuse to draw up acts, and courts and land registry courts will reject applications for authentication and registration regarding the constitution or displacement of rights stopped Jews by art. 19. + Article 21 At the request of the Public Ministry or any interested person, the tribunal in the constituency to which the urban property held without title or under one of the rights provided by art. 19, by a Jew, will order its removal from the dominion of that building and the appointment of the National Center for Romanization, as a seizure, to administer it, all without the damage of the rights recognized by the those interested and the Public Ministry. The provisions of this article will not apply to urban buildings owned by Jews on the date of publication of the decree-law. All real or personal actions put under seizure, will be prescribed by the passage of a term of 5 years from the date of appointment of the seizure, and the building will pass into the patrimony of the State. + Article 22 Legal acts between vineyards concluded with the violation of the provisions of art. 19 They're null. Nullity can be invoked and deregistration will be required by any interested party and the Public Ministry. Subject to the provisions of the land book, the nullity of the act of interest will also produce its effects to the underacquiring, even if it is not Jewish. + Article 23 In the communes where there are land books if it is found in the course of the inheritance procedure, that it would enroll for the benefit of a Jewish rights that are stopped, the land registry court will register in the case of property or superficial only Value rights. If the Jew does not alienate the right interest, within a period of three months, reckoned from the date when the conclusion by which the registration of the right to value was ordered, the land book court will automatically sell, by public auction, entitlement entered. In the communes where there are no land books, at the request of the Public Ministry or any interested person, the court in the constituency to which the urban building is located will order the sale, by public auction, of the property or of the right of superficie, if these rights are due by inheritance or related to a Jew and he did not alienate them within three months from the date when he accepted the inheritance or the legit. If the Jew has inherited a right of usufruit, use or habitation, the Public Ministry or any interested person will be able to ask the tribunal, in the constituency to which the building is located, to find the invalidity or extinguishing of these rights. -----