Law No. 254 Of 27 March 1941

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

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Law No. 254 of 27 March 1941 for passage of urban properties in the Hebrew State and stopping the Jews to acquire urban real estate or rights in rem over these immovables Self-published PARLIAMENT ISSUING the MONITORUL OFICIAL nr. 74 of 28 March 1941 Chapter 1 Crossing of the urban heritage of buildings the Hebrew State in article 1 which are the urban Buildings owned by Jews, persons or companies enter the full Hebrew, a State law, from the date of publication of the decree-law. So pass the State Heritage superficies rights belonging to individuals or companies referred to above, of the urban real estate.


Article 2 Are counted in urban real estate, meaning the law of real estate located in front of the municipalities, urban or suburban communes, with excepţiunea goods that are considered rural, under art. 3 of Decree-Law for passage the Hebrew State Heritage properties, Octomvrie 4, 1940, or which are provided for in art. 1 of the Decree-Law of 17 Noemvrie 1940, on completion of the Decree-Law of 4 Octomvrie 1940. Are not subject to the provisions of law on the face of the land with which they are actually affected by the exploitation of industrial or commercial undertaking, if the undertaking are property.


Article 3 Are counted Jews within the meaning of the decree-law, those covered by article 6. 2 of Decree-Law No 4 Octomvrie 3,347 1940.


Article 4 Are counted within the meaning of the Hebrew, Decree-Law, civil or commercial companies in which one associates with limited liability is Jewish or those in which 40 percent of the capital belongs to the Jews.


Article 5 of the Decree-Law Dispoziţiunile of face shall not apply: a) the Jews who got naturalized through individual laws until August 15, 1916;
  

b) Jews belonging to the army were injured in Romanian, or wars were decorated with the order or quote day for acts of bravery, committed during these wars;
  

c) descendants of those Jews who, belonging to the Romanian army had fallen in wars of Romania;
  

d) Jews or Christians baptized evreicelor for at least 20 years, if you are căsătoriti with romance or stubs;
  

e) evreicelor or Jews, are baptized Christians, if căsătoriti with an English or Romanian for at least 10 years and if the marriage were born children who were baptized Christians;
  

f) Jews are baptized Christians at least 30 years;
  

g) descendants of those show in the preceding paragraphs. Performance of condiţiunilor for the benefit of the excepţiunile above referred to, will be established and confirmed by the national centre of Romanization, the jurisdictional section, by year, motivated.
  


Article 6 the Jews who gave evidence of exceptional devotion towards his country and who brought her their ascendants, or exceptional service to the country, will be exempt from the application of dispoziţiunilor of this decree-law, only by the decree-law. The proposal will be the Council of Ministers, on the basis of paragraphs of the national centre of Romanization, the jurisdictional section.


Article 7 within 30 days of this publication, which from the decree-law, all Jews who hold a right of ownership or superficies, delving into the building decree-law provisions of the face, are obliged to submit to the National Center of Romanization (Ministry of national economy), a declaraţiune comprising: a) the name, domicile and pronouns of the declarant;
  

b) individualization of goods entering into the provisions of the present Decree-Law, with the brightness of the land, its boundaries, and their settlement, village, County, street and number, the number of land register and topographical numbers and real rights, consistently appearing thereon. Failure to declaraţiunilor within, as well as doing good science has some declaraţiuni neexacte, will lose the freedom provided for in art. 15, without injury to the right of third parties subrogati over indemnitatii.
  


Article 8 the former Jewish owner is obliged to hand over the national centre of Romanization, the property passed into the patrimony of the State, at the time fixed by the Center, through somaţiune.


Article 9 taking possession of the goods listed in the heritage of the State, pursuant to this Decree-Law will be made by special delegates susmentionatului Center, which will draw up an inventory in duplicate, with the brightness of the status of these goods. One of the copies will be submitted to the national centre of Romanization, and the other will be handed to the owner or superficiarului.


Article 10 the former Jewish owners retain the right of use, of the urban heritage of buildings of past State, the power of this decree-law, until receipt of the formal notice provided by art. 8; they are responsible for civil and natural fruits of real estate, from the date of receipt of this somaţiuni. Lease contracts concluded by virtue of their use of former Jewish owners without prior autorizaţiune of the national centre of Romanization, will not be binding upon the State than for a period of not more than one year, reckoned from the presence of the date of publication of this decree-law.


Article 11 in the case of urban buildings in joint possession, co-owners or non-Jews, some of them, with his consent, shall have the right to redeem the amount fixed by the national centre of Romanization (jurisdictional Section), indivize rights of the truthfulness of the Jews. Custom property on the floors or apartments, according to special laws, does not fall within dispoziţiunile of the preceding subparagraph. Hebrew indivize duties are generally provided for in art. 14. If the owners of the Gentiles will avail themselves of the right of redemption, making application for appraisal, within three months after publication of this Decree dela, susmentionatului Center, indivize parts repurchased will calculate that they have passed the State's heritage.


Article 12 English Owner of a building to which urban a Jew has a right of usufruct, use or habitatiune, will be able to redeem these rights, paying authority, in rigid conditions laid down in articles 81 and 82. 14, the amount of national Romanization (Jurisdictional Section), in accordance with the procedural rules of treasured law of stamps and income tax acts and legal acts.


Article 13 Freedom due to goods crossing urban heritage of the State, will be determined on the basis of gross income with which they are imposed on these real estates in contributiunilor, rely on direct through the last census. In the case of the right of superficies, account shall be taken of the period of neexpirata part for which this right has been established. If for any reason, the value of the property was depreciated from the date of the last census, freedom will be deducted accordingly.


Article 14-Freedom will pay National Centre of Romanization, and the nominal value, in a seeming bearing interest of 3%. Former Jewish owner will not be entitled to coupons maturing before teaching.


Article 15 Goods will enter the urban heritage of the State, free of all tasks and pretentiunile of any kind on the property passed into the State's heritage, will capitalize only proper compensation.


By way of derogation to article 16, which from the dispoziţiunile art. 14, holders of non-Jews, rights in rem, carrying on the past heritage buildings in the urban areas of the State, as well as non-Jews chirografari lenders you Jew, will be paid at the discretion of the national centre of Romanization, redeemable in three years, bearing an interest rate of 3%, or with his consent by putting in indreptatitului payment of goods recorded in the assets of the State, the Decree-Law of power. If freedom for cash, or securities, thanks to full ownership, will pay uzufructarului if it give sufficient guarantees to be considered national center of Romanization, and for extinguishing, banknotes or securities will be returned to the susnumitului Center that will pay the owner the Jewish freedom generally provided for in art. 14. If uzufructarul cannot give guarantees demanded by the national centre of Romanization, he will receive for value after law the worth of stamps and made to income tax proportionately. Buildings owned by Jews, delving into the provisions of this decree-law, which shall be subject to the obligation for the payment of a lifelong pension constituted as price of purchase of the Jewish neevreu in favor of the seller, will be returned to former owners rent or paid in cash by the national centre of Romanization. The same right you will have real estate sellers Christians who were not charged until the buyer Jew, which from the date of publication of this decree-law, than no more than 50% of the sale price.


Article 17 national Romanization (jurisdictional Section) has jurisdiction to hear and determine all contestaţiunile regarding the rights deriving from the application of this Decree notwithstanding dela dispoziţiunile laws of procedure of Civil Code and commercial code.


Article 18 national Romanization will be organised through a special decree.


Chapter 2 Stopping Jews to acquire certain rights in rem over real estate urban article 19


Jews may not acquire any title, rights of ownership, superficies, usufruct, use or habitatiune over the buildings, except only where special law ' would establish certain neighborhoods or areas intended solely for the Hebrew populatiunii and only the very top of that law.


Article 20 public Notaries will refuse to draw up acts, and the courts and the book registry will reject applications for authentication and inclusion regarding the creation or displacement rights stopped Jews through art. 19. Article 21 at the request of the Public Prosecutor or any interested person, the Court in which the property is situated circumscriptiunea urban owned Untitled or by virtue of any of the rights provided for in art. 19, a Jew, will remove him from mastering the features of that building and the appointment of national centre of Romanization, as seizure, to administer it, all without injury to the rights recognised by the Decree-Law of those interested in Public Ministry. Dispoziţiunile of this article shall not apply to urban real estate owned by Jews to the publication of Decree-law. All real or personal actions seized, shall prescribe by passing a 5-year term appointment date of seizure, Lyssa and real estate will go into the State's heritage.


Article 22 legal acts between live concluded with violation of dispoziţiunilor art. 19 are void. Nullity may be invoked and deletion can be requested by any interested party and the Public Ministry. Subject dispoziţiunilor relating to the land, the nullity of the Act provides the data will take effect and subdobanditor, even though he is not Jewish.


Article 23 In the municipalities in which they are books are found in land if the legacy, that would register on behalf of a Jewish rights what are terminated, the land register will score in the case of property or rights of superficiei. If the Jew does not alienate the right competent, in a period of three months, reckoned from the way the date when concluding that ' the inclusion of the right to maintain value remained, the land register will pull out of the Office in the sale, by public auction, the right signed up. In municipalities where there are no land cards, at the request of the Public Prosecutor or any interested person, the Court of first instance in whose circumscriptiunea property is situated shall order removal in urban sale by public auction of the property or of the right of superficies if these rights are yours through inheritance or tied to a Jew and it has not disposed of within three months which from the date when he accepted the legacy or legate. If the Jew has inherited a right of usufruct, use or habitatiune, the Public Ministry or anyone interested will be able to ask the Court of first instance, in whose circumscriptiunea property is situated, to ascertain invalidity or extinguish those rights.
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