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Law No. 609 From July 1, 1941 For Exceptional Measures Applicable While The Army Is In A State Of Răsboiu

Original Language Title:  LEGE nr. 609 din 1 iulie 1941 pentru măsurile excepţionale aplicabile în timpul cât armata se află în stare de răsboiu

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LEGE no. 609 609 of 1 July 1941 for the exceptional measures applicable during the time the army is in a state of rasboiu
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 153 153 of 1 July 1941



Decree no. 1.942 1.942 of 30 June 1941 . + Chapter I + Article 1 Enter the provisions of this law all those called under the flag, including volunteers, those mobilized on the spot, persons who perform a service in the interest of national defense, as well as any person who performs a service in the army or who has Taken by the enemy as a hostage. + Chapter II Provisions of civil and commercial law + Section I Provisions regarding the person and the family + Article 2 Mayors in rural communes, quaestors and police chiefs in municipalities and cities of residences and commissioners in urban and suburban communes, within 2 months of passing the army on war footing will send ex officio or at the request of the interested, according to the competence, the peace judge or the respective tribunal, the list of those mobilized, indicating for each of the following data: a) Capacity; b) Civil status; c) Name of major or minor children; d) If he is a tutor, curator, judicial council or caretaker council; e) Profession; f) Warning; g) Any other clarification would be necessary. When a person is subsequently mobilized, the term of two months will flow from the date when he has acquired this quality. For the preparation of the lists will be used, in the urban and suburban communes, the data in the building books. The military authorities will communicate ex officio to the above provided the names of those mobilized. + Article 3 After receiving the lists, the peace judge or the tribunal will be invested ex officio or at the request of those interested, the acts to be fulfilled in terms of guardianship, cleaning, judicial council and provisional administration, according to this law. For cases that are not within their jurisdiction, peace courts and courts will invest some on the others, according to the jurisdiction. + Article 4 The parental power over the person and property of the minor children of the mobilized shall be exercised by the mother. If the mother is deprived of parental power, forbidden, disappeared, unable to manifest her will or mobilized, the court or tribunal will appoint a provisional tutor, who will have the rights and duties of a tutor, and the duties The family council will meet the court. + Article 5 If the mobilized is himself tutor, curator, judicial council or caretaker council, the court will appoint a tutor, curator, judicial council, or provisional caretaker council with the same rights and duties. + Article 6 If the mobilizer has not left a general trustee for the administration of his estate, his wife will be a provisional administrator and will be able to do only acts of administration. In the absence of wife, the court will appoint a provisional administrator. When the mobilizer is a trader, the administrator will be able to do all the acts inherent in the smooth running of The provisions of this article will be applied by similarity and when it is the administration of the wealth of the mobilized woman. The mobilized trader will not be able to be declared bankrupt for operations enjoyed during the provisional administration. + Article 7 The mobilizer who would like to marry and the circumstances would not allow him to leave his service, or if his death or his future wife is imminent, he will be able to end the marriage through special proxy trustee, authenticated by one of the the authorities referred to in Article 10. The marriage thus contracted will be celebrated after three days off from the publication date. When, however, the civil or military authority finds that the state of health of one of the future spouses does not allow this term, the marriage will be able to be celebrated immediately after the publication of the Within 3 days free from the celebration of marriage, the respective file together with all the documents will be submitted to the prosecutor's office that will be able to request the cancellation when, in the absence of the conditions provided in the previous paragraph, the marriage was celebrated without compliance with the 3-day deadline + Article 8 If the trustee ceases from life before fulfilling the mandate provided by art. 7, he shall be executed by any of his heirs. In the event of negligence on their part, the tribunal's prosecutor will appoint a special trustee who will execute the warrant. + Article 9 The mobilized will be able to present itself in the process of divorce by proxy, which will also be given in the conditions provided by art. 10. + Article 10 The mobilisation will be able to recognise an illegitimate child through a single declaration, exempt from stamp duty and proportional tax, made in the area of operation, in the region of stages and at the sedentary part, before the heads of bodies, services, or their substitutes, as well as those who, according to military laws and regulations, have equal rights with them. The identity will be determined by two witnesses, preferably from the chief officers of the declarant. It together with the witnesses and the person handling the documents will sign the documents. In case of book ignorance or impossibility to sign, special mention will be made. The declaration will be ascertained by a minutes drawn up in duplicate. A copy will be submitted through the sedentary part of the civil status officer where the birth act is located, to make the mention provided by the civil code. The other copy will be submitted to that court + Article 11 Mobilizations will be able to obtain authentication, legalization or the definite date for acts committed, apart from the means provided by the common law, according to the provisions of art. 10. + Section II Provisions relating to legacies + Article 12 The widow of the one called under arms has on the assets of the succession of the husband ceased from life under the flag a right of inheritance in full ownership, which is: 1 1. On one side of the child when he comes to succession together with the legitimate children of the deceased, without this right being able to exceed a third of the succession. 2 2. Of half of the succession when he comes to inheritance with the ascendants, brothers or sisters of the deceased or their descendants. 3. The entire legacy in the absence of the heirs shown above. However, the wife will not be able to exercise her right over the assets of which the deceased will not be disposed of by free acts, without prejudice to the rights of the reserve heirs. + Section III Stopping commercial operations with the enemy + Article 13 From the date of the declaration of war is stopped any commercial operation with the enemy State, with its nationals or with legal entities having the nationality of that State, as well as those of the States shown in a journal of the Council of Ministers. The legal acts concluded with the ironing of this provision will be void of law, if they have been concluded or are to be executed on the territory of Romania or if one of the contractors is Romanian. + Article 14 Legal acts concluded with the persons referred to in art. 13, prior to the declaration of war, they would not be able to execute, even if at that time a beginning of execution had received. If the bonds to make payments abroad to any person in the category provided above are guaranteed with pledge or any kind of deposits or records in the enemy countries of Romanian State securities, communes, counties or different companies in Romania, the payment of the debt will not be made, and these securities will be considered as hit by unavailability in the holder's hand. Any total or partial alienation of these titles, as well as their coupons shall be considered null and void, remaining that after the end of the peace they shall be ruled upon. The individuals or companies that are found in this situation, are obliged to communicate to the Ministry of Finance, counties, communes and all companies numerical to the effects and titles of any nature deposited abroad. + Article 15 The nullity of the more suppressed acts will be pronounced at the request of the public ministry or any interested + Section IV Provisions relating to companies + Article 16 In companies in collective or limited liability, if one of the administrators has been mobilized without having left the trustee and is alone or together with another, the signatory of the firm, the other associates, will be able to sign in his place. In the companies in the order, if the order *) will be found in the situation provided in the previous paragraph, the commanders will be able to do the necessary acts of management. ___________ Note * *) Text corrected according to the rectification of the Official Gazette No. 157 of July 5, 1941. In all these cases, as well as in that provided by art. 20, the companies will not be able to be declared bankrupt during the state of war. + Article 17 If the sole administrator is mobilized, the tribunal, at the request of a censor or any of the associates, will appoint an administrator between the Romanian shareholders, who consents and who owns the shares. the largest number of shares. The assignment given by the court lasts until the meeting of the nearest general meeting, which will have to be convened by the censors within three months from the appointment of the administrator by the court. + Article 18 If the companies shown in the previous article cannot meet the statutory number of members on the board of directors, the remaining administrators will ask the tribunal, in the conditions of the same article, to complete the number of administrators provided for in status. + Article 19 The term of office of the members of the board of directors of a joint stock company or joint stock company, which shall expire during the course of the war, shall be extended until the meeting of the first general meeting. + Article 20 If the general assembly cannot function due to war, its powers will be exercised by the administrator throughout the war and by the meeting of the first general assembly, after the passage of the army on the foot of peace. + Article 21 If the number of censors in a joint-stock company, in action-based and limited liability, has fallen below that legal or statutory, the company will be able to operate with the remaining censors. If the only remaining censor is mobilized, any of the associates will be able to ask the court, in the conditions of art 17, naming a censor. + Article 22 During the state of war, companies on shares or in order on shares, will not be able to be declared bankrupt, when the owners of at least one third of the shares are mobilized. + Section V About deadlines and moratorium + § § 1. General provisions + Article 23 All time limits for attacking the judicial decisions, provided in the code of civil and criminal procedure, those provided in the trade code and the civil code, for the performance of the acts and formalities required by these codes and having a character patrimonial, as well as the preemption deadlines, increase by 15 days for the whole country. + Article 24 In the actions of justice or enforcement against persons who have not been mobilized, the courts will be able, during the state of war, to grant terms of grace, with the condition that the rights of the creditor should not be endangered, and may also take Insurer measures. The term will not be able to exceed three months and will flow from the date of conclusion by which it was granted Upon his expiration, the court will be able to grant him again. The term grace does not prevent interest from flowing. + Article 25 No legal action will be able to be filed or continued, and no act of procedure or judicial prosecution will be able to do so against those mobilized, throughout as long as the state of war lasts. The conservative and insurer measures are exempted, however, the validation provided by art. 460 and 607 of the civil procedure of the Old Kingdom. The scales or the lefties of those mobilized are not entered in this exception; the stops started and even executed in part on them are suspended. + Article 26 It is suspended, for the benefit of those mobilized, throughout the state of war, all deadlines of prescriptions, revocation, perimation, deadlines provided by law for the performance of certain acts in civil, commercial, administrative, criminal and tax, as well as the time limits provided for in the Conventions, for their execution, if they were concluded before the debtor had been mobilized. + Article 27 At the end of the war, the persons referred to in art. 26 will only be able to use the time frame that still remains to pass from the date of suspension, until the expiry of these deadlines, without however that they can expire before a month from the end of the war. + Article 28 Any conviction or execution obtained against the one mobilized and against the provisions of this law, shall be annulled by an application to the court that pronounced or carried it out, within one month of the communication to be made to the party. interested, after the end of the war. The request will be judged in particular. + Article 29 When due to war facts, in some judicial constituencies, the functioning of justice would become arduous, the provisions of previous articles will be able to be extended for the benefit of all those who live in these constituencies, such as and of those whose action must be brought against a person who resides in such a place, or is the competence of a court that is there. The extension will be made by royal decree, at the proposal of the Minister of Justice, with the opinion of the Council of + § § Two. Provisions relating to securities to the order + Article 30 When a title to the order (cambie, cheque, warant) bears the signature of mobilized persons, its maturity is extended by right up to one month after the end of the war. In case of non-payment by this date, the title is considered to be protested by law. + Article 31 When all signatures on a title to the order or only some of them are of unfurnished persons, in respect of which the title will be considered protested by the right by default or upon expiry of the extension period granted by creditor, according to the following article + Article 32 The creditor may, in respect of the unfurnished, grant an extension of the maturity, which cannot be more than three months. At the expiration he can grant it again. The creditor will make the following statement on the title that he will sign: "the maturity is extended until ......". + Article 33 The finding that the obligation of the title to the order is mobilized will be made by a certificate issued by the commune, prefecture, police or military authority. The certificate will be issued without any charge to anyone who will ask for it and will be able to be presented by anyone in justice for the one referred. + Chapter III Provisions in matters of judicial organisation + Article 34 The residences of the courts can be moved by decree of the Ruler of the State, on the proposal of the Minister of Justice, in another locality or in another constituency. In the latter case, the old territorial jurisdiction remains the same without acquiring a new one. + Article 35 In the cases provided by the previous article, no trial will be able to be tried until the parties are called by summons to indicate the new residence. These citations are exempt from any taxes. + Article 36 A single judge can be delegated by the justice minister to lead two or more peace judges, close to the same county or two neighboring counties. The judge will order in advance the display of the decision on the days in which he will be at the residence of each judge. The display will be made both at the headquarters of the court and at the respective town hall. + Article 37 When the courts cannot complete themselves with peace judges, they will be able to judge with one judge the facts given in their jurisdiction in the first instance. + Chapter IV Final provisions + Article 38 The state of war ceases, within the meaning of the present law, from the date of the decree for the passage of the army on peace. __________