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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Law No. 609 from July 1, 1941 for exceptional measures applicable while the army is in a State of răsboiu published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 153 of 1 July 1941, Decree nr. from 1.942 June 30, 1941.

Chapter I Article 1 the provisions of this law shall enter into all those called under the flag, including the volunteers, those who mobilized, people who provide a service in the interest of national defense, and any person who performs a service in the army or that the enemy was taken as a hostage.

Chapter II Dispoziţiuni of civil and commercial law section Dispoziţiuni relating to the person and the family Article 2 Mayors in rural communes, Quaestors and police chiefs in municipalities and cities of residence and the Commissioners urban and suburban municipalities, within 2 months from the presence of the army on a passing war will send ex officio or at the request of the parties concerned According to the competence of the Court of Justice of the peace, or the Court concerned, the list of those mobilized, indicating for each the following data: (a)) Capability;

b) marital status;

c) Name adult children or minors;

d) if tutor, curator, judicial Council or Council caretaker;

e) Occupation;


(g) any other personal information) would calculate need.

When a person is subsequently mobilized within two months will flow from the way the date when has this quality.
For the establishment of lists can be used in urban and suburban municipalities, data contained in the books.
Military authorities will communicate on its own initiative above referred to authorities the names of those mobilized.

Article 3 after receiving the lists, the peace court or Tribunal shall învesti officio or at the request of the parties concerned, to be acts perform in matters of guardianship, trusteeship, the Judicial Council and provisional administration, according to law.
For cases that are not within their jurisdiction, the courts and tribunals will be învesti some others, according to the competence of parental Power over Article 4 the person and property of the minor children mobilized will wield by the parent.
If the mother is deprived of parental power, prohibited, extinct, in helplessness to manifest the will or statement, or Court Tribunal will appoint a tutor, who will have the rights and duties of a tutor, and atribuţiunile family Council will be fulfilled by the Court.

Article 5 If mobilizatul is himself the tutor, curator, judicial Council or the Court caretaker Council will appoint a tutor, curator, the Judicial Council, or provisional caretaker Council with the same rights and duties.

Article 6 If mobilizatul didn't let an authorized agent to manage his wealth, his wife will be governed by the provisional administrator and will be able to make only acts of administration. In the absence of the wife, the Court will appoint a provisional administrator. When mobilizatul is merchant, the administrator will be able to do all the paperwork inherent asset of the trade.
Dispoziţiunile this article shall apply by likeness and when it comes to wealth management woman mobilized.
The mobilized will not be declared bankrupt for operations performed during the administraţiunii.

Article 7 Mobilizatul who would like to get married and the circumstances would not permit him to leave the service, or if the death of times of the future spouses is imminent, will be able to conclude marriage through an agent with power of Attorney, certified by one of the authorities referred to in article 1. 10. marriage so contracted shall be famous after three days off, which from the date of publication. When civil or military authority, however, finds that the health condition of one of the future spouses does not approve any such time limit, the marriage will be able to celebrate as soon as after displaying publicaţiunii.
Within 3 days free celebration of marriage, Dale dossier together with all the documents it will submit to the Prosecutor's Office who will be able to ask for the cancellation, except when otherwise provided for in the preceding paragraph condiţiunilor, the marriage was celebrated without the deadline of 3 days.

Article 8 If the trustee having ceased before completion of tenure provided for in art. 7, it will be executed by any of his heirs. In the event of gross negligence on their part, the Prosecutor of the Court will appoint a special representative who will execute its mandate.

Article 9 Mobilizatul will be in the process of divorce by proxy, which will be ready in time and provided for in art. 10. Article 10 Mobilizatul will be able to acknowledge an illegitimate child through ' one declaraţiune, exempt from stamp duties and tax, proportionately, in the area of operation in the region, and the sedentary stages, before the heads of bodies, or their substitutes, and those who, under the laws and military regulations, have equal rights with them.
The identity is determined by two witnesses, preferably from officers the declarant's Ministers. This together with the witnesses and the person who institutes will sign records. In case of errors or impossibility to sign will make special mention.
The statement will be verified by a report done in duplicate. One copy shall submit through the sedentary civil status officer where is the Act of giving birth, to make the indication provided by the civil code. The other copy shall submit to the Tribunal, respectively.

Article 11 Mobilizaţii will be able to obtain authentication, legalization or definite date for documents is performed in addition to the means provided for by the common law, according to the dispoziţiunilor art. 10. Section II Dispoziţiuni concerning inheritance article 12 the one Widow called under arms has ownership of the estate of the husband from having ceased under an inherit flag in the middle of the property, that is: 1. A part of the baby when it comes to succession along with legitimate children of the deceased, without the right to be able to exceed one third of the estate.
2. One-half of the estate when it comes to joint-Heirship with the ascendants, brothers or sisters of the deceased times their descendants.
3. The entire inheritance in the absence of heirs show above.
His wife will not be able to exercise his right, however, than upon property which the deceased will not be ordered by laws, free of charge, without any prejudice to the rights of forced heirs.

Section III Stopping commercial operations article 13 enemy with Dela declaraţiunii of war date is off any commercial transaction with the enemy State, with its nationals or legal persons possessing the nationality of that State, as well as with those of the States referred to in the journal of the Council of Ministers.
Legal documents concluded with the breaking of this dispoziţiuni will be null and void if they have been completed or will be running on Romanian territory or if one of the contractors is English.

Article 14 legal acts concluded with persons referred to in art. 13, previously declaraţiunii of war, will not be able to run, even though at that time had a beginning.
If bonds to make payments abroad any person of category referred to above are secured by collateral or any submissions or entries in enemy countries of the Romanian State titles, communes, counties or of the various companies in Romania, debt payment will not be made, and these titles will be deemed stricken from attending the licensee's hand. Any total or partial disposal of these titles, and they will consider whether null and void, remaining as after încheerea peace be upon their inheritances.
Particularii or societies that are found in this situaţiune, are required to notify the Ministry of finance, counties, municipalities and all companies the Securities and numerical effects of any nature filed abroad.

Article 15 the nullity of acts more susarătate will rule at the request of the public prosecutor or any interested.

Dispoziţiuni section IV relating to article 16 companies In the companies with limited liability, if one of the Admins was mobilized to be left without an agent and is alone or jointly with another, the signatory company, other Associates, will be able to sign in his place.
In societies limited partnership, if comanditatul *) will find the situaţiunea referred to in the preceding paragraph, the sponsors will be able to do the necessary paperwork.
_ _ _ _ _ _ _ _ _ Note *) Text corrected according to rectification from official Gazette No. 157 on July 5, 1941.

In all these cases, and in that article provided 20, companies will not be able to be declared bankrupt during the State of war.

Article 17 If in a joint stock company or limited partnership the shares, the sole administrator is mobilized, the Tribunal, at the request of any one of censori or associates, will appoint an administrator of the shareholders of the Romanians, who agrees and who holds the largest number of shares.

Commissioned by the time Court till the nearest general meeting, which will be convened by censori within three months of the appointment of the Manager, which from the Court.

Article 18 If the companies referred to in the preceding article cannot meet the statutory number of members on the Board of Directors, the remaining administrators will ask the Court in the same article, generally filling in the number of Trustees provided for by statute.

Article 19 the mandate of the members of the Board of Directors of a company's shares or the limited partnership shares, which expires in the course of the war, will be extended right up to the first General Assembly meeting.

Article 20 if the General Assembly cannot work for reasons relating to the war, its atribuţiunile will be performed by administrator throughout the war and until the first General Assembly meeting, after passing the army's foot.

Article 21 if the number of censori from a joint-stock company in limited partnership joint stock and limited liability, has fallen below that statutory or legal, the company will be able to work with the remaining censorii.
If the only left is mobilized, censor any of associates will be able to ask the Court of first instance, in the rigid conditions of art. 17, the appointment of a censor.

Article 22 during the State of war, or joint-stock companies into joint stock limited partnership, will not be able to be declared bankrupt, when holders of at least a third of the shares are expensive.

Section V About deadlines and moratorium (1).
Dispoziţiuni article 23 All deadlines for attacking judgements, provided for in the code of civil procedure and criminal, those provided for in the code of Commerce and civil code, for the performance of the acts and formalities required by the codes and having a heritage character, as well as the time limits of pre-emption, it increased for 15 days across the country.

Article 24 in justice or enforcement against individuals who runs ' were deployed, the courts will be able, during the State of war, grant periods of grace, with condiţiunea as the creditor should not be jeopardized, you can take relief measures. The term shall not exceed three months and will flow from the rock through which closing date was given. On the expiry of his, the Court will grant it again.
The period of grace shall not impede the flow of interest payments.

Article 25 Any legal action will not be able to commence or continue, and no act of procedure or judicial prosecution will not be able to do against the mobilized all the time how long it will take the State of war.
It exempts relief measures and conservatives, however, remain suspended validation provided by art. 460 and 607 from the old Kingdom civil procedure. Not included in this exception soldele or we cautiously save those mobilized; garnishments initiated and even executed in part thereof shall be suspended.

Article 26 shall be suspended, for the benefit of those mobilized, throughout the State of war, all prescripţiuni deadlines, revocation, lapse, time limits provided by law for the performance of certain acts in civil, commercial, administrative, criminal and tax, as well as limits in convenţiuni, for their execution if they were concluded before the debtor have been mobilized.

Article 27 termination of State of war, persons referred to in art. 26 will no longer be able to use than the time interval which abandoning one more pass, until the date of the suspension, which from the expiry of these time limits, but that they can expire one month before termination of State of war Dale.

Article 28 Any conviction or run counter to the one obtained in mobilized and against dispoziţiunilor of this Act, shall annul through an application addressed to the ' Court who pronounced it or carried it out within a month of communication you need dela is made by the party concerned, after the termination of a State of war.
The application is going to judge in particular.

Article 29 When because of acts of war, in some circumscripţiuni, the operation of Justice would become tedious, dispoziţiunile previous articles will be expanded for the benefit of all those living in these constituencies, as well as those whose action shall be instituted against the persons residing in such a place, or the competence of a court which is located there.
The expansion will be made by Royal Decree on a proposal by the Minister of Justice, with the opinion of the Council of Ministers.

§ 2.
Dispoziţiunile regarding the order article 30 titles When the order (cheques, cheque, warrant) bears the signature of persons deployed, his maturity is extended by operation of law until one month after the termination of a State of war. In the event of non-payment until this time, the title is considered rightfully protested.

Article 31 When all the signatures on the title to order, or only some of them are of individuals in respect of their immobilized, the title will be considered law by protesting the non-payment at maturity or upon expiry of the extension granted by the lender, according to the article.

Article 32 the lender may, in respect of those nemobilizaţi, grant an extension of maturity, which may not be longer than three months. The timeout can be granted again. The lender will make the following statement on title a sign: "maturity is extended until".

Article 33 finding that obligatul of the title of the order is to be mobilized will be made by a certificate issued by the municipality, Prefecture, police or military authority. The certificate shall be issued at no charge to anyone it will be required and will be presented by anyone in court for at îndrituit.

Chapter III Dispoziţiuni in matters of judicial organization Article 34 Where the courts will be able to be moved by the Decree of the ruler of the State, upon the proposal of the Minister of Justice in elsewhere or in another constituency. In the latter case, the old territorial jurisdiction remain the same without acquiring a new one.

Article 35 in cases provided for in the preceding article, any process will not be able to be judged until the parties will not be matched through citaţiuni you will indicate your new residence.
These citaţiuni are exempt from any charges.

Article 36 a single judge may be delegated by the Minister of Justice to lead two or more Justices of the peace, close in the same county or between two neighboring counties.
The judge will dispose of the time display of deciziunii concerning the days on which will be located at each of the judges. The display will be done both at the seat of the Court and City Hall.

Article 37 When the courts cannot complete with justices of the peace, will be able to judge with one judge causes data in their competinţa in the first instance.

Chapter IV final provisions Article 38 Dispoziţiuni State of war shall cease, in the meaning of the present law, from the date of the decree for the passage of the army's foot.