Law No. 60 Of 1 January 1881 Concerning The Procedure For Execution Of Transylvania)
Original Language Title: LEGE nr. 60 din 1 ianuarie 1881 privitoare la procedura de execuţie din Transilvania*)
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LEGE no. 60 60 of 1 January 1881 regarding the execution procedure in Transylvania *)
Published in OFFICIAL MONITOR no. 1 1 of 1 September 1942
-------- Note ... *) With all amendments made by August 1, 1942 + Title I GENERAL PROVISIONS + Article 1 Amended by art. 31 31 of Law LIV/1912, as follows: Article 31. -Article 1 of the Law LX/1881 is amended as follows: The enforcement takes place on the basis of an enforceable authentic act. They are authentic executors: 1. Sentences and terminations of civil courts, raised to the amount of law * 1); 2. Transactions concluded before the civil courts and which have the effect of high court rulings at the value of law * 2); 3. Payment warrants (art. 592, 609 pr. civ.), denunciations or summons (art. 628 pr. civ.), executors; 4. Sentences given with provisional execution, of civil courts * 3); 5. Unidicated conclusion to the legal value of civil courts, against which no appeal (recourse) can be submitted with suspensive effect, if their execution is not suspended or stopped (art. 556 pr. civ.); ------------- * 1) A sentence or termination shall amount to the amount of law, after it has been ruled on it and the last resort, therefore also the court of appeal, or, if it does not appeal, after the term granted for the exercise of the appeal expires. Therefore, in the legal terminology of Transylvania, distinctions must be made between the sentences and the high terminations of law value and between the final sentences and terminations. Against the final sentences and terminations, the appeal may be brought before, until the sentences and the jurevalid terminations have already been tried on appeal. Parallel to the term "high to the right value" the term "jurevalid" is also used. * * 2) See art. 423 pr. I'm burning. * * 3) See art. 415 pr. I'm burning. 6. The enforceable decisions of the civil courts, given in graceful cases; 7. Those strung in points e)-h) of art. 1 of the Law LX/1881, also all authentic decisions and acts, which any special legal provisions declare to be authentic executors. Points e)-h) of art. 1 of the Law LX/1881 maintained in force by art. 31 of Law LIV/1912, have the following text: e) The sentencing decisions, given by the arbitrators, by the judge of the stock exchange and effects of Pesta, as well as by the special judgments of the regional halls of products and cereals (Law II/1870) or the minutes about the transactions concluded before such judges, their respective editions; ... f) High rulings on the law value of criminal courts, which contain civil condomnations * 4); ... g) Authentic acts written by public notaries enforceable on the basis of art. 111 111 of Law XXXV/1874; ... h) The enforceable decisions of the disciplinary courts, as well as of the administrative and financial authorities, which, in accordance with the rules of law in force, are given to the courts. ... Today the provisions of art. 1 of the Law LX/1881 regarding the execution procedure are completed and modified by a whole series of laws. The most important are: Decree-law for the tax procedure code, published in the Official Gazette No. 78 of April 1, 1942. According to the provisions of this Decree-law, the collection and pursuit of public claims is made according to special norms. We only quote art. 176 of this decree-law. Article 176. -All claims of any nature of the State, counties, communes, autonomous houses, public regions, commercial administrations, as well as all institutions and public authorities of any kind, shall be collected and pursued according to Provisions of the present law. It is also collected and followed according to the provisions of the present law and the claims of the public utility institutions, whose budgets are approved by the Ruler of the State, the Council of Ministers, ministries, as well as those of the Romanian Academy. For all tax rights, which are established by way of taxation, the title of claim is the minutes of taxation. ----------- * * 4) See art. 520 520 and 546 code of criminal procedure. Law for the High Court of Cassation and Justice, published in the Official Gazette No. 212 of 14 Septemvrie 1939. This law provides: Article 89. -The impricees may ask for the execution of the final decisions of the substantive courts, but this execution will be suspended by the opposing party by providing or submitting the appropriate value, in case it appealed in the scrappage. The recourse in scrapping suspends the execution and without ensuring or submitting the value of the process, in the principles regarding the displacement of borders or the abolition of constructions. In terms of claim, possession or other business in which it is not a sentence to a sum of money, the court of law will be able to approve the suspension with bail that will be appreciated after hearing the parties called to the council chamber. Bail will only be released after a month from the date of rejection of the appeal and if the party in law has not filed for damages. Law on amending the Law of 19 May 1925, regarding the unification of certain provisions of civil and commercial procedure, for the facilitation and acceleration of judgments, before the courts and courts of appeal, as well as for the unification of the competence the courts, published in the Official Gazette No. 150 of July 11, 1929. This law provides: Article 70. -The decisions rendered by the ocoals courts as a last resort, will be subject to appeal to the respective courts for excess of power, incompetence, violation of law, essential omission and distortion of acts. The Omission may consist or in the non-pronouncement of the judge on any means of defense invoked by the party, or the non-invocation of the ex officio judge of any means of defense that reesea from the facts The appeal shall be declared at the Registry of the Court of Justice. The appeal is suspensive of execution. The appeal declaration is made in the same way as the beginner court application. Law on Cambia and Ticket to Order, published in the Official Gazette No. 100 of May 1, 1934. This law provides: Article 61. -Cambia has an enforceable title value for capital and accessories, established according to art. 53 53, 54 and 57. Until the unification of the rules of procedure, it extends, in terms of cambia, the enforceable formula as shown in art. 135 135 Code. pr. Civil from the Old Kingdom. The competent court to invest the cambia with the enforceable formula is the detour court if the amount shown in the cambie does not exceed the amount of lei 50,000 and the tribunal otherwise. Against the investment journal it is not right of appeal. The cambia issued abroad has the same enforceable effects, if they are also admitted by the law where the cambia was issued. The execution notice must include the exact transcript of the cambia or the protest, as well as the other acts resulting in the amount due. For cambiale bonds subscribed by proxy, the injunction will also make mention of the act resulting in the mandate. Article 62. -Within 5 days from the receipt of the summons, the debtor may object to the execution. The opposition will occur at the court that invested the cambia with the enforceable formula. She will judge herself urgently and especially before any other cause. The ruling on the opposition can be appealed within 15 days of the ruling. The court will be able to suspend enforcement only if the opponent does not recognize the signature, by registering in forgery, or does not recognize the proxy. In case of suspension of execution the creditor will be able to obtain insurance measures. Law for the establishment and organization of labor jurisdiction, published in the Official Gazette No. 38 of February 15, 1933. This law provides: Article 11, paragraphs 1 to 4: In civil matters, the courts of work judge in the first and last instance, with the right of appeal, on 15 days off, from the ruling, to the court in the constituency to which they are based, all disputes of their jurisdiction, the object of which does not pass by 50.000 lei, out of percentages complained and costs. In the first instance and with the right of appeal to the court, on 15 days off, from the pronouncement, the labor courts, judge all applications exceeding the amount provided by the preceding paragraph, as well as those which, by their nature, do not have a value Determined. It will not be possible to appeal against the journalists the preparers or interlocutors until with the appeal against the final decision. Against the decisions given in the appeal, it will be possible to appeal to the Court of Appeal in the constituency of which the work of the labor court is located, on 15 days off from communication. Article 62. -The appeal is not suspensive of execution. The president of the court will nevertheless be able to grant, on the basis of the appeal and following a bail of at least 1/3 of the amount provided for in the decision or from the value of the dispute, when the decision does not condemn the payment of a sum of money, the suspension of execution decision until the appeal is adjudicated; if the entire amount provided for in the decision or the entire value of the dispute is recorded, the suspension is mandatory. Article 64. -The president of the labor court will grant the provisional execution of the decisions given with the right of appeal, when the object of the decision forms the payment of salaries and accessories; the suspension of execution will only be possible by recording the amount. Art. 68. -At the request of the interested parties, the president invests with the executory formula the conciliation minutes concluded according to the provisions of the present law, the final decisions and the arbitration decisions given in collective labor conflicts. The execution will be done according to the rules of the common law, either according to the norms of the law of the ocoals courts or after the civil procedure in force. Article 69. -The appeals to the execution will be addressed to the president who has invested the decision that is executed and will be tried by him according to the norms of the civil procedure. The decisions given in these appeals are final. They may be appealed under the conditions laid down in art. 11 and 61 of this law. If the appeal is admitted, the president will set a new deadline, when the judgment will be made according to the norms of the present law. Decree-law for the organization of the Romanian Corps of Lawyers, published in the Official Gazette No. 205 of 5 Septemvrie 1940. This Decree-Law provides: Article 159. -The Convention on Honour shall be authenticated either by the usual forms or by its delivery by the client and the lawyer to the President of the court before which the dispute is pending. When the case reached the High Court of Cassation, the convention will be submitted to the last court of substance where the trial was tried. The president or his replacement, seeing the convention, will conclude a counter-signed record of the Registrar, which finds the parties ' statements. The original will be entrusted to the lawyer, and a duplicate will remain in keeping the graft. Article 160. -Based on the convention written by the honourable, lawyers will be able to obtain, without bail, the insurer seizure or attachment on their debtors ' wealth. Article 161. -Honorary claims authenticated according to art. 159 can be invested and executed according to legal prescriptions. The execution can only be suspended by recording the amount due. Judging the challenge will be done in the council chamber. + Article 2 Amended by art. 32 32 of Law LIV/1912, as follows: Article 32. -Article 2 of the Law LX/1881 is replaced by the following provisions: The execution shall order it in the cases of points 1 to 6 of precedent, the first instance that did the case. In case of point e) of art. 1 of Law LX/1881, except for judges of arbitrators (art. 787 pr. civ.), in the case of point f), without exception, and in the case of point h) when any special legal norm does not have otherwise, the execution orders the court of detour in the constituency to which the seat of the first court or authority is located, which has The case. (There is a proposition without actuality). In the other cases, the court competent to order the execution is determined by special legal provisions. + Article 3, 4 and 5 Modified by art. 33 33 of Law LIV/1912, as follows: Article 33. -Articles 3, 4 and 5 of the Law LX/1881 are replaced by the following provisions: Regarding the order of execution on the basis of an authentic instrument enforceable from abroad, it serves as an orientation the international convention that exists with that State. In the absence of a convention, it is permisded to order the execution only then, if reciprocity is found and if: 1. The execution shall be based on a decision raised by the law value of a civil or commercial court, or on a court settlement with the same effect; 2. Compared to that decision or judicial transaction, none of the circumstances listed in art. 414 pr. civ. The Minister of Justice's statement on reciprocity, is binding on the court. In case of doubt, the declaration will be required ex officio. In these cases, on the issue of ordering the execution the court decides, which, according to art. 18 of the LX/1881 Act, is competent for carrying out the execution. If more courts are asked for execution, in respect of the order, the court appointed in its place shall be notified of its decision, the other courts. If, for the execution of the commission rogatory is not the competence of the rogata court, but another court, the roready court sends the rogatory commission to the competent court and knows about this foreign court. + Article 6 Paragraph 1 is amended by art. 34 34 of Law LIV/1912, as follows: Article 34. -The first paragraph of art. 6 of Law LX/1881 is replaced by the following provision: If the law does not have otherwise, the order of execution must be requested in writing by request drawn up in three copies and the original document must be attached to the original document, which serves the basis for ordering the execution. Judicial decisions or court transactions may be annexed and in simple copy, making reference to the original that is at the court. Then the other paragraphs of art. 6 6: In the cambiale processes, it will be attached to the first copy of the application for execution, the original cambia, and if it were in the file of the court to which the execution is requested, in the application for execution will be made mention of it. If the execution is to be carried out against several defendants or in several places, the application will be submitted in so many copies to arrive a separate copy for each pyrite and for each roready authority, respectively for each portarel. The specimens for the rogate authorities, those for the portara, will be submitted without annexes, and on the specimens on account of the followers will join in simple copy only those annexes, which have not yet been communicated to them. In cases of points e), f), g) and h) of art. 1, the court ordering the execution withholds the copies of the authentic acts serving at the basis of the execution, submitted for this purpose by the pursuer, which shall be legalized ex officio. Applications for execution submitted with shortages, shall be returned for completion. The execution requests shall be timed according to art. 6, § 12 of the stamp law. In the present translation, we use for the Hungarian term "kikuldott" the expression "portarel". See in this regard the note regarding art. 19. + Article 7 In summary processes, except when the execution is required on buildings, the execution request can be made and verbally, in which case, the court will train about the verbal request a minutes. + Article 8 The pursuer is obliged to specify in the application for execution his request. In the application for execution will be shown the court or the courts in the constituency or in the constituencies to which the execution is to be carried out and if the pursuer wants to carry out the execution ex officio, it must show this decision. The execution must be requested after the period of fulfilment fixed by the authentic instrument underlying the execution has expired. Art. 8 was completed by art. 31 of Law XII/1908, but this addition no longer has news. + Article 9 Amended by art. 35 35 of Law LIV/1912, as follows: Article 35. -Article 9 of the Law LX/1881 is replaced by the following provisions: If the execution is required on the basis of a decision of a civil court, the court ordering the execution, will find ex officio, if in terms of execution, the court decision, which serves the basis for execution, was communicated in a manner regularly, if the appeal (recourse) or opposition with suspensive effect has been submitted within the legal term and if this appeal (recourse) or opposition is admitted by law. If, in this case, the first instance decided to execute the appeal (appealed with recourse), for this execution, until the appellate court will solve the appeal (recourse), art. 41 41 of this law. If the execution is required then, when the letters are already submitted to the higher court, the party requesting the execution is obliged, on the occasion of the request, to present the authentic edition or the legalized copy of the decision or part of the decision without reasons (the device) and the certified copy of the proof of delivery, in the case, when the decision was communicated to the following by hand. If the execution is required on the basis of an enforceable decision of the appellate court, then, when the file has not yet been returned to the first instance (Art 511, 546 pr. civ.), at the first copy of the application for execution will be joined such an authentic edition or legalized copy of the border, which the notary of the call senate * 5) noted, in the form of a claudible, the day of delivery or communication, how and the fact that it was not submitted within the legal deadline application for review (appeal in scrapping), if such a request has not been submitted. If the right of execution is pending by a condition or the performance of a consideration, the pursuer is obliged to prove the fulfilment of the condition or consideration, as well as the other prior conditions of the executability, if they could not be found from the documents that are at the court. Art. 41 of the Law LIV/1912 is quoted in art. 36. + Article 10 The request for execution is solved, as a rule, without listening to the opposing party. ---------- * 5) Today, the clerk of the ward who tried the case on appeal. In case of art. 3, without exception, and in the cases of art. 9, 13 and 15 then, when the prior conditions of the execution do not prove with authentic act or legalized private act (art. 92, 93 law XXXV/1874), before the application for execution is resolved in merit, shall be held at the judgments of summary detour, and at the tribunals of the protocol. Paragraph 3 of art. 10 is repealed and replaced by art. 36 36 of Law LIV/1912: Article 36. -Amend art. 10 of Law LX/1881 in the sense that, in the case of art. 33 of the present law, the court decides on the order of execution, following the rogatory commission of the foreign court, without hearing the parties. The court takes into account the conditions fixed by art. 33, ex officio. If the court had perplexity about these conditions and if the data and annexes of the rogatory commission did not dispel its perplexity, it can ask for clarification from the foreign court. If the roready court refuses to order the execution, art. 17 pr. civ. Against the conclusion of ordering the execution takes place appeal (recourse), according to art. 40 40 of this law. Apart from this, the following may submit exceptions against the conclusion of the order of execution, at the court that ordered the execution, within 15 days from the delivery of the conclusion, on the grounds that the execution was ordered contrary to art. 33 33 of this law. The exceptions have the suspensive effect shown in art. 41 41 of this law. Following the exceptions, the court decides on the order of execution, after hearing the parties, by conclusion (art. 40 40). In the others, the exceptions will apply accordingly to art. 134, 135, 140 and 141 from pr. civ.; art. 141 must also be applied in the case, when the party has submitted the exceptions with delay. Exceptions based on the reasons shown in points 4, 5 or 6 of art. 414 pr. civ., may also be submitted after the deadline set in the preceding paragraph. Last paragraph of art. 10 of Law LX/1881, is repealed. If the international convention had otherwise, this art. will not be applicable. The Law LX/1881, regarding the execution procedure, besides the special provisions of the procedure containing, also makes some references to the civil procedure norms, which were then in force. Suddenly with the implementation of the new civil procedure * 6), by art. 3 of the implementing law * 7), the texts of the old civil procedure laws were repealed, and replaced by the provisions of the new procedure. As regards the procedure to be followed, there, where special laws referred to the rules of procedure repealed, art. 9 of the law on the implementation of the civil procedure has the following general provisions. Article 9 of the LIV/1912 Law: " There, where any previous rule of law refers to a rule of law or other legal provision, repealed by art. 3, in their place must be understood from now before the provisions of the civil procedure and the present law. Thus, instead of the summary procedure or the protocol applied to the detour courts, the procedure before the detour courts, regulated by the civil procedure, must be understood from now on, and instead of the ordinary procedure or the The protocol applied before the courts, the procedure before the courts, regulated by the civil procedure, must be understood from now on. " " Since in the regulated procedure a previous rule of law, not entering art. 4, 5 and 6, was applied, in the absence of a special rule, any of the rules of law repealed by art. 3, from now on they are to apply the appropriate provisions of the civil procedure. " Besides the provisions of art. 9, of a general nature, the law on the implementation of the civil procedure also has, in paragraphs 2 and 3 of art. 55, special provisions in relation to the Law LX/1881, relating to the same matter. We also quote these provisions: Paragraphs 2 and 3 of art. 55 of Law LIV/1912: " When the Law LX/1881 orders the contentious or graceful summary procedure, they will apply in the execution procedure, the norms established in the civil procedure for detour courts. However, the special provisions of the Law LX/1881 regarding the processes that arise in the course of the execution procedure remain in force, as the present law would not have otherwise ". "In cases where the LX/1881 Act orders the graceful, dismissive summary or proof procedure, no hearing of the parties under oath and no transactional oath shall be permitted." Finally, it must be noted that, many of the provisions contained in the above-mentioned Hungarian laws, were modified by the subsequent Romanian laws (the acceleration law, the law for the High Court of Cassation and Justice, the law for the establishment and the organization of labor jurisdiction, etc.), so, today it must be investigated step by step what it is and what is not in force. --------- * 6) Law I/1911 on civil procedure entered into force on 1 January 1915. * 7) The LIV/1912 law on the implementation of the civil procedure. * 8) Ask art. 55 of the LIV/1912 Law is quoted in art. 13. In accordance with art. 17 of pr. civ. ard., on the refusal to execute a rogatory commission-at the request of those interested or following the complaint of a court that addressed the rogatory commission-decides the Court of Appeal to which the roready court is subordinated. Art. 33 of the Law LIV/1912 is quoted in art. 3 3, 4 and 5; art. 40 of the LIV/1912 Law is quoted in art. 34, and in art. 41 of the LIV/1912 Law is quoted in art. 36. + Article 11 In case of ordering the execution, the conclusion must be precisely shown the claim, which is to be carried out, together with the accessories and the expenses arising with the ordering of the execution must be established. If the court, which orders the execution, is also the competent court for its execution and if the execution is to be carried out through the portarel, the portarel shall also be deleted. Since the service of the porters works in Transylvania, for the execution of the securities, it is noticed, by the conclusion of the execution of the execution, the body of the porters of the respective court or the portarel delegate from the detour that from the constituency of that court, and if the wealth to be pursued is found in a county other than that of the respective tribunal, it must be done according to art. 35 35 of the regulation for the service of porters. + Article 12 About the ordering of execution shall be known, the pursuer, by conclusion that is passed on the first example of the application for execution, the portarel or the roready authority and the following, through the conclusion that are passed on the other copies of the application for execution (art. 6 6) and which shall be handed to the latter, as a rule, on the occasion of execution. In case of art. 7, the stalker, the portarel and the stalker will become aware of the conclusion, which is passed on the copy of the minutes. If the execution is not ordered, it is known by reasoned conclusion, only the one who asked for it, with the return of the copies of the execution request. If the execution is not carried out within 3 months of its ordering, following the request of the following, which will address the court that ordered the execution or the court rogate for its performance, the conclusion of the execution of the execution must be communicated Directly. The communication in this way of the conclusion of the ordering of execution and the eventual remedy of law to be made use, does not prevent the normal execution of the execution. Art. 12 is completed by art. 26 of Law VII/1912, as follows: Article 26. -If the execution, directed exclusively on mobile, is not to be carried out ex officio, the editions of the conclusion of the execution order will be passed on the request for execution or on the copies of the ordered minutes about the verbal request and all copies will be the stalker's hand. The pursuer, for the purpose of carrying out the execution, presents the necessary specimens for the portarel and for the following, the portarel from the court in law to carry out the execution, commissioned to carry out the execution according to the norms of In this case, the first paragraph of art. 12, paragraphs intaiu, two and three of art. 19 and the first paragraph of art. 23, of Law LX/1881. If the pursuer has not carried out the forced execution within three years from the date of conclusion of the order, for performance, it must be requested, at the court that ordered it, a new rogatory commission or delegation. For the executions to be carried out apart from the application territory of this law, this article cannot be applied. See note from art. 11 11 and art. 22 22, 33 and 35 of the regulation for the service of porters. + Article 13 As a rule, the execution is ordered in the favor of the one in law according to the authentic instrument enforceable and against the one obliged by If, following a sale, a change has occurred in the person of the one in law and the change proves with authentic act or legalized private act, the execution must be ordered in the favor of the new entitled. If, the assignment does not prove with authentic instrument or legalized private act, the court-before deciding on the order-listens on the cedent and the divestment, by way of the respective summary protocol. In cambiale claims, if the original cambia presents itself with the request for execution, the execution must be ordered without obedience even then, when the assignment is proven with private act with full evidentiary force. Art. 13 is completed and amended by art. 55 55 of Law LIV/1912, as follows: Article 55. -By private act with full force probance, which is recalled in the Law LX/1881, must be understood the private act drafted in accordance with art. 317 pr. civ. When the Law LX/1881 orders the contentious or graceful summary procedure, they will apply in the execution procedure, the norms established in the civil procedure for detour courts. However, the special provisions of the Law LX/1881 regarding the processes that arise in the course of the execution procedure, in as much as the present law would not have otherwise, remain in force. In cases where the LX/1881 Act orders the graceful summary procedure, obedience, debauchery or proof, no hearing of the parties under oath and no transactional vow shall be permitted. + Article 14 If in the meantime he dies the condemned part and the one in law will carry out the execution only on the wealth that is in the succession of his pursuit that has passed him on to the heirs, the execution will be ordered against the known heirs or justify, possibly against unknown heirs. If the heirs are unknown, at once with the order of execution, a curator is appointed to their account, and if it is not justified that the right of inheritance is due only to the heirs shown in the application for execution, a curator will be appointed Account of any still existing heirs. The conclusion of the order of execution will be handed to each of the known heirs and the curator, being able to carry out the execution on its basis only on the wealth in the succession of his pursuits that passed him on the heirs. + Article 15 If the pursuer does not want to carry out the execution on the things that are in the succession of his pursuit of the things that have passed from him on the heirs, but directly against the heirs, a summary debauchery is held on the request 9) and in case of need, after the procedure of proving the decision is given by conclusion. The question of whether the execution can be ordered against the heirs will be decided by the rules of substantive law in force. ------------- * 9) See art. 9 and para. 2 2 and 3 of art. 55 of the LIV/1912 Law, quoted in the first note under art. 10. + Article 16 If in the meantime died the one in law, the heirs can ask to order the execution in their favor, if they legally justify that, the inheritance is only due to them. If the right of inheritance cannot be justified, at the request of the one who makes his verosimile the right of inheritance, the execution is ordered, but at the same time, it is called a curator, who flows the money or the values collected by execution, to the court succession, if in the meantime the question of inheritance would not be resolved. The lawyer entrusted in the trial, can take the necessary steps of execution, until the death of the one in law is brought to his attention, in the name of the one in law, and if the death is brought to his attention, until then, until the meaning of to the above, on behalf of the unknown heirs, however, he is obliged to pay the money or the amounts collected, at the succession court, if in the meantime the issue of the inheritance would not be resolved. + Article 17 If change happens in the person of the one in law during the execution, the continuation of the execution in the favor of the new entitled must be requested at the court that ordered the execution. However, the portarel until then, until the court that orders the execution, is obliged to carry out all those enforcement measures, which are necessary in order to ensure the claim. If, on the occasion of the execution it is found that, the following died or that death intervened after the execution of the execution, the execution must be carried out according to art. 14, without any new decision of the court that ordered it, on the wealth found in the succession or on the wealth that passed from the one obliged to the heirs. In this case, the curator required in accordance with the provisions of art. 14, will be called by the portarel. + Article 18 In order to carry out the execution is competent, if the execution is required on the buildings, the respective court as a funduary book authority, in all other cases, the court in the constituency to which the execution is to be carried out. If, by the same conclusion, the execution is ordered to be carried out by the funduary book court as well as the execution to be carried out by trial of detour, both authorities will be separated separately. Hungarian text of art. 18 has another paragraph, regarding the execution of executions in Budapest, today without actuality. + Article 19 The first copy of the application for execution accompanied by the conclusion of the execution order, shall be handed to the pursuer, and the other copies, as a rule, shall be handed over to the porter, respectively shall be sent to the competent court for execution. If the pursuer asks, all the examples of execution are handed to him, with which he can directly address the porter or the competent judge for carrying out the execution; but, for this procedure, no extra expenses can be counted. After arriving at the competent court for the execution of the execution requests accompanied by the conclusion of the order or after their presentation, if the execution is to be carried out through the portarel, the portarel must be immediately delegated and to be Short-track the execution requests accompanied by the conclusion of the order and the delegation or, if required, they shall be handed over to the pursuer. In order to carry out the execution, as a rule, the port is delegated (in the Hungarian text, bailiffs are said) and in urgent cases, when the porters are prevented, officials or judicial practitioners are delegated. In more important cases, the court may delegate for execution, judges or a notary public. Paragraphs 1, 2 and 3 of art. 19 are not applicable in the cases provided by art. 26 of Law VII/1912. See the text of art. 26 of Law VII/1912, in art. 12. In the Hungarian text of the law on the execution procedure there is talk everywhere of "kikuldot" = "delegate", giving it to the word understood by: the person responsible for carrying out acts of prosecution. In accordance with art. 19, in order to carry out the executions were delegated, as a rule, bailiffs-as the agents charged with carrying out the executions were called in Transylvania-but, in urgent cases, when the executors were unpeed, the court could also delegate officials or judicial practitioners or, in more important cases, judges or public notaries. Making this point we show that, in the present translation we used for the Hungarian "kikuldott" the Romanian expression of "portarel", because, with us, the executions are carried out through court agents appointed to the port. By the regulation of public administration for the service of the porters and for the procedural fees, published in the Official Gazette No. 282 of 20 Decemvrie 1925 * 10) (which we publish, with the changes that were brought to him in the meantime, at the end of this works), they also introduced themselves in Transylvania, instead of bailiffs, the service of the porters, known even before in the Old Kingdom. In this situation, the provisions of the Law LX/1881 are also amended by the regulation for the service of porters. About art. 19 of the Law LX/1881, are to be seen in particular art. 1 1-10 of the Regulation. -------- * 10) This Regulation was given on the basis of art. 51-54 of the law for the judicial organization of 1924. Provisions of art. 51-54 of the Law of 1924, shall be included in the law for the judicial organization of 1938, in art. 187-190. In accordance with the circular orders of the Ministry of Justice, the Judicial General Directorate, Nrii 82.561 of 29 Octomvrie 1926 and 93,816 of 18 Decemvrie 1926, in case of preventing or burdening the porters or when at any court Located outside of the courthouse's residence, they are no place for the porter, the courts are obliged to commission officials from the grafts, for all the performances to be made. + Article 20 The portarel is obliged to carry out the execution ex officio only then, if in the end of the execution order it is shown that the execution is to be carried out ex officio and if, before the performance, the pursuer or his entrustment does not know the porter in writing, that she gives up the execution or that she demands her suspension. In the cases art. 3 3 and 4, the execution shall be carried out ex officio, if the contrary is not clarified in the rogatory or in the application committee. As the execution is not to be carried out in the locality, the portarel can ask to advance its expenses. This shall be endorsed, if the execution is to be carried out ex officio, the pursuer, on the occasion of the delegation; in case of a rogatory commission-if the house of the pursuer or his representative is not known-the authority which addressed the commission rogatory. See art. 49 49, 212 and 224 of the regulation for the service of porters. + Article 21 The portarel is obliged to carry out the executions, without delay: the ex officio in the order of delegation, and those that are not made ex officio, in the order of presentation, but the executions to be carried out outside the locality only then, if provide the necessary expenditure advance. At the request of the stalker, the porter is obliged to pass on the following's copy of the execution order, the day and time of the presentation and to sign and if he were prevented in carrying out an urgent execution, at the request of the pursuer, it is obliged to return the scripts for proof, in order to obtain the delegation of another portarel. The portarel answers for delay and materialises. See art. 49 49, 64-88, 212-215 and 224 of the regulation for the service of porters. + Article 22 As a rule, the execution cannot begin and the one started cannot continue, before 8 am and after 8 o'clock in the evening. In urgent cases, the head of the court may consent, namely even in advance, that the execution be carried out after 8 p.m. or before 8 a.m. In the usual holidays of the Gregorian calendar and in the religious holidays of the following, only the execution measures can be fulfilled, which are necessary to ensure the claim to be executed. Art. 22 is completed by art. 37 37 of Law LIV/1912, as follows: Article 37. -The second paragraph of art. 22 of Law LX/1881 is amended in the sense that, the provisions of this paragraph must also be applied to national holidays. This article is amended by art. 143 of the law for the judicial organization, as follows: Article 143. -Public holidays for the Courts and Tribunals, as well as for the auxiliary services of justice, during the year, outside of holidays and Dumineci, are the following: 1. Vasile, 2. Baptism of the Lord, 3. Sft. John the Baptist, 4. The celebration of the union of all Romanians, 5. God's welcome, 6. Hello Vestire, 7 Three Days Sft. Easter, 8. Sft. Great Martyr Gheorghe, 9. The proclamation of independence and the Kingdom, 10. Ascension of God, 11. Sft. Emperors Constantine and Helen, 12. Serbarea of the restoration 8 June (suppressed in 1940), 13. Sft. Third, 50 days after Easter, 14. Saints. Apostles Peter and Paul, 15. Assumption of God, 16. Birth of Our Lady, 17. Ascension Sft. Crosses, 18. Sft. Great Martir Dimitrie, 19. Saints. Archangels Michael and Gavril, 20. Sft. Nicholas, 21. Three days of Christmas. + Article 23 If for 3 months it does not arouse at the portarel for carrying out an execution, which should not be carried out ex officio, the execution scripts, after presenting themselves to the court with the report, are put to the archive. The right of execution is prescribed, regardless of the way and title of the claim, within the limitation period established by civil law, counted from the rise to the right value of the sentence or from the expiry of the term of fulfillment, contained in other acts authentic executors, who will not be able to interrupt for any reason. During the limitation period, at the request of the stalker, the portarel is deleted again. Paragraph 1 of art. 23 is not applicable in the cases provided by art. 26 of Law VII/1912. See the text of art. 26 of Law VII/1912, in art. 12. + Article 24 The delegated portarel is obliged to hand the following the end of the execution order, before the execution is started. When carrying out the execution can be present those interested and besides them, two-two adult male witnesses, both from the pursuer and from the following. If the pursuit is not found at home, the conclusion is handed to a member of his house or power of attorney. In case they are not of them, the execution is carried out against two witnesses called by the portarel, and the conclusion of the execution of the execution is handed to a curator, who will be appointed to the following by the portarel. + Article 25 If the execution is to be fulfilled in a place distinct from the domicile of the pursuits, the portarel appoints a curator, to whom he hands the conclusion and knows about it on the following-whether his domicile or residence is known-by recommended letter, which will be posted in 24 hours, counted from the end of the execution. In the case when the execution was carried out against the State and public foundations, the portarel incunostiintates the central body called to represent the State or the public foundation, by registered letter, which will be posted in 24 hours, counted from the end of execution. The reefs will join the scripts. If the execution is carried out outside the seat of the court, and the following habitation at the court's headquarters, the conclusion of the execution of the execution will be handed, after the execution, the following himself, without being called a curator (art. 24 24). Article 25 of the law on the procedure of execution is amended by art. 336 of the Decree-Law for the Fiscal Procedure Code, which provides: Article 336. -Mobile and immovable wealth and income of any nature of the State, public authorities and institutions, will not be able to be pursued by any creditor for any kind of claim. Claims against the State, public authorities and institutions, will be executed only by registering in the budget of the year following the one in which the application was made, after the age of the claim and the date of application. The claims of the House of Submissions, the House of Savings and Postal Checks, as well as any public credit institute, are exempted. + Article 26 The execution of the execution is right, in which the following will be included: a) Mentions relating to the execution procedure, on behalf of the parties, at the conclusion of the execution of the execution and in the execution of the execution of the execution, the mention on the conclusion of delegation; ... b) The place and time of execution, with the precise showing of the time when it started and when the execution was finished. In larger cities, the place of execution will be shown by showing the street and the number, possibly by showing the neighborhood; ... c) The name of the carrier and of the present parties concerned of their representatives; ... d) Showing the obligation and the accessories for which the execution was ordered; ... e) Precise description of the implementing acts; ... f) Applications and observations relating to the case, the parties and possible interested parties, the latter as concise as possible. ... The minutes will be designated by the portarel, by the respective parties by their representatives, by the other interested who would have been present and by the eventual witnesses called by the portarel or by the parties (art. 24 24). About the refusal of signature, also about the circumstance that prevents the signing, mention will be made to the subscription of the minutes. The parties and those interested or their representatives can see the minutes and all the execution scripts and can take, at their expense, children on them. + Article 27 The execution expenses bear the one convicted even then, if in the trial he was not obliged to pay the costs. On the occasion of the submission of the application and on the occasion of each measure, the expenses arising until then shall be counted and set separately, for which purpose, the portarel, is obliged to submit the letters, to the court that delegated it, within 3 days from the end Procedure. The court determines the expenses of the procedure-understanding here and the taxes and expenses of the portarel-and they know about this parties and if the continuation of the execution is necessary, restitue the file of the portarel. Art. 27 was completed by art. 4 4 of Law XII/1908, as follows: Article 4. -Article 27 of the Law LX/1881 is completed with the following provisions: In the case of an execution aimed at collecting a claim, which, without accessories, does not exceed the amount of 1000 Lei * 11) or whose object is a thing with a value below 1000 lei, the following cannot be loaded nor can be established in His expense charge, which he caused the stalker by his presence at the execution. This rule also applies to the continuing executions because of that. The value of the object of execution shall be determined by the court with the proper application of the provisions contained in art. 3 3 and 4 of Law XVIII/1883, without hearing the parties; in this regard there is no appeal. The provisions regarding the determination of the value of the execution object are modified. The value is determined in accordance with art. 5 5-8 of pr. I'm burning. ------------- * 11) In the Hungarian text, a value of 100 crowns is shown, which, in accordance with the ordinance of 31 Octomvrie 1919 of the Dirigent Council, published in the Official Gazette No. 79 of 10 January 1920, is raised to its tenfold, that is to 1,000 lei, Counting the lion equal to the crown. In the Ordinance of the Dirigent Council it is not shown, how the value of the lion should be counted against that of the crown. The practice admitted to counting the lion equal to the court. In this sense and Cas. II. Dec. civ. No. 118 of February 9, 1934 (Severe Andru: Jurisprudence Summarized, vol. III, Oradea 1939, p. 312 312). + Article 28 Amended by art. 38 38 of Law LIV/1912, as follows: Article 38. -Article 28 of Law LX/1881 is replaced by the following provisions: Both the court which ordered the execution and the court responsible for carrying out it shall, at the request of the pursuer, suspend or restrict the execution, if the following proves with a genuine act that the decision on the basis of which the execution was ordered, has been reformed, taken out of force or restricted by a high court decision to the value of law. The court may, in these cases, after the circumstances, order and take out of force the execution measures already carried out. As far as the process is in progress, the prosecution can ask for the restitution of the damage caused to it with the provisional execution, even before the appeals court. + Article 29 With regard to the effect of the orderly bankruptcy against the pursuit, and the manner of continuing the execution carried out before the bankruptcy is opened, the provisions of the bankruptcy law must apply. + Article 30 Amended by art. 39 39 of Law LIV/1912, as follows: Article 39. -Article 30 of the Law LX/1881 is replaced by the following provisions: If the right of execution of the pursuer has passed away in its entirety or in part or has been suspended by granting a postponement, the following may submit a trial, to the court that ordered the execution, for the cessation, restriction or suspension of the execution: a) when the execution is based on a court decision, based on a fact that arose then, when after the rules of civil procedure, the fact was no longer able to be validated in the procedure of the trial before the border; ... b) when the execution is based on a court settlement, based on a fact, that happened after the end of the broadcast; ... c) when the execution is based on a public notarial act, namely for the cessation or restangation of the execution, even if the prior conditions of the executability are missing or in part. Art. 113-122 of Law XXXV/1874 and art. 29 of Law VII/1886 is repealed. ... Against the approval sentences given by the appellate courts, there is no appeal (application for review). The sentences of cessation, restriction or suspension of execution have the suspensive effect shown in art. 38 38, 41 and 43. Art. 38 of the Law LIV/1912 is quoted in art. 28; art. 41 of the LIV/1912 Law is quoted in art. 36, and art. 43 of the LIV/1912 Law is quoted in art. 40. + Article 31 The action for the cessation, restriction or suspension of the execution has suspensive effect on the continuation of the execution only then, if it is founded on the facts that prove with authentic acts or private acts with full force probance, presented in original and if it is submitted within 3 days from the execution, respectively from the communication of the conclusion of the notation of the right of execution in the funduary book, or, if the right of execution ceased following a fact ivit later, from termination of the procedure undertaken after this fact-within 3 days of the communication the conclusion that the court or the porter gave. The Court decides by the conclusion by which the term of dissolution is fixed on the question whether or not the action has suspensive effect and if it suspends the continuation of the pursuit, it is obliged to notify without delay, the portarel, the respective court roready. The original copy of the document serving basic to action will be held at the court. The action submitted for the cessation, or suspension of the execution, with suspensive effect, obviously unfounded, is punishable by a fine up to 10,000 lei * 12). + Article 32 Carrying out the execution cannot stop by opposition, exceptions or resisting. If, for carrying out the tracking act it would be necessary, the porter can open the home and the pursuits of the following and can keep the search. ----------- * 12) In the Hungarian text there were 500 floreans equal to 1,000 crowns, the amount that increased to its tenfold, based on the law on increasing the figure of the fines and the way of their collection, published in the Official Gazette No. 279 of March 25, 1923. In case of resistance, the execution must be carried out with the help of the nearest police body of the respective municipality or commune, to which the portarel is addressed directly. If the armed force were needed, the portarel is obliged to address, for its dodanation, the head of the court that delegated it. In case of preventing the execution by resisting, the portarel is obliged to make a separate report to open public action. See art. 253, 255, 261 and 266 of the penal code. + Article 33 At the royal palace and in general in the buildings of the Royal Court,-in the buildings serving as housing for any of the members of the royal family and at the home of those who benefit from the right of extraterritoriality, execution measures can only be the delegate of the Court of Justice or by a judicial body referred to it. In the buildings of the army or in those that are in the use of the army, execution measures can be carried out only after the respective commander has been known. The commander can delegate a military to be present at the performance. Today, paragraph 1 of art. 33 is applicable only to executions that would be directed against people who enjoy extraterritoriality, if they live or have wealth in Transylvania. + Article 34 Amended by art. 40 40 of Law LIV/1912, as follows: Article 40. -As far as the law would not exclude the path of the appeal, against the terminations that are given in the course of the execution procedure-understanding here and the execution ordered on the basis of a public notarial act-can be appealed (recourse). Appeals (appeals) directed against the terminations given during the execution of the detour courts, are adjudicated in the second instance by the courts, and appeals * 13) filed against the terminations given in the second instance, when the appeal is admissible, is judged by the High Court of Cassation. -------------- * 13) In the Hungarian text it is shown that, against the terminations you can make "felfolyamodas", a word that I translated "appeal (recourse)". Also with "felfolyamodas" were also attacked the concluded in the second instance. Therefore the "felfolyamodas" was a first-degree remedy when an end of the first instance was attacked and a second-degree remedy when an end handed down in the second instance was attacked. "the Grade II" Felfolyamodas "I translated" appeal. " The term of appeal (recourse) against the terminations of ordering the execution, given following a rogatory commission of a foreign impersonation, is fifteen days. Against the conclusion given in the second instance there is an appeal and then, if the second court approved the conclusion of the first court; all this rule must also be applied to the conclusion of the second instance, data on appeals (appeals) declared against the ends by which the exceptions submitted in accordance with art. 36 36 of this law. As the law does not have otherwise, against the conclusion given in the second instance, no further appeal can be made. It can be appealed against the terminations given on the issue of ordering the execution-understanding here and the execution of insurance and seizure. In fact, in terms of the appeal (recursion) the provisions of the civil procedure will be applied. Against the procedure, measures or decisions of the port, the appeal can be appealed. Article 40 of the LIV/1912 Law, which repealed and replaced art. 34 of the Law LX/1881 provides that, against the conclusion given in terms of execution and seizure is admissible the appeal of appeal (recourse), in Hungarian (felfolyamodas); as against the conclusion given in the second instance, but only as those concern the question of ordering execution or seizure, a second appeal is also allowed (recourse, in Hungarian also felfolyamodas) and as in all matters regarding the appeal (recourse, "felfolyamodas" regulated and treated by that article, the provisions of civil procedure, relative to this route, will apply attack, that is, on the term of the appeal, the provisions of art. 552 which provides that, the term of appeal (recourse, in Hungarian felfolyamodas) is eight days and it flows from the date of delivery, and for the part to which the conclusion must be handed, only from the date of the delivery. The appeal (recourse, in ungureste felfolyamodas) is a special remedy, unknown in the Romanian legislations and treated in Chapter III of Title IV of the Transylvanian civil procedure; remedy of which is not susceptible, but a conclusion and nicicand a sentence, which ordinarily is solved in the council chamber without hearing the parties, based on the documents from the file and which, as shown above, with the restrictions made by law, is inadmissible and in the second degree; this appeal (recourse, in ungureste felfolyamodas) is not identical to the call (in Hungarian fellebbozes), treated in pr. civ. in Chapter I of Title IV, nor with the recourse in scrapping, the equivalent of which in pr. I'm burning. is the "application for revision", in Hungarian "felulvizsagalat", dealt with in Chapter II of Title IV. Organic Law of the High Court of 1925 by art. 79 and 81 repealed the appeal-the second degree recourse disputing that, the sentences, decisions and terminations given after its promulgation, by a second instance, in any litigious or graceful procedure, are perfect from the moment of communication and on the contrary No other remedy is permitted than only the recourse in the scrapping, according to its provisions. So, suddenly with the repeal of the call-second-degree recourse, they were opened to the parties the right to appeal in scrapping * 14). -------------- * 14) See Dec. 58 of 3 Decemvrie 1931 Cas. S. U. Severe Andru: Jurisprudence Summarized, vol. I, Bucharest, 1933, p. 15. The Law for the High Court of Cassation and Justice, published in the Official Gazette No. 212 of 14 Septemvrie 1939, contains the following provisions in force: Article 49. -Section III-to judge the following appeals: d) In terms of furniture and real estate tracking, forced execution, appeals, insurer and judicial seizure. The appeals against the sentences given by the court as a court of appeal in respect of execution and appeals against the terminations given by the courts of Transylvania as a court of appeal (recourse) in any matter of appeal shall be exempted. execution, these appeals, to be judged by the respective Courts of Appeal. ... The Courts of Appeal are obliged to send to the Prosecutor General of the High Court of Cassation, children from the decisions rendered in these appeals, to put him in a position to exercise his right provided in case of violation of law, as well as in case of Contrariety of judgments. According to the provisions of the last paragraph of art. 40 of the LIV/1912 Law, an appeal can be made only against the procedure, measures or decisions of the port. The High Court of Cassation has shown the issues that can be discussed in an appeal, as follows: " As indeed, the challenge to execution, being an exceptional way open against the defects of execution, and not an ordinary way of reforming, follows that such an appeal cannot be supported by the parties, except by the vices and illegalities acts of execution, which have followed the decision that is executed, or the meaning, extent and application of the device of that decision, or on grounds that concern the validity of the form, of the title that is executed, and not on the grounds substantive, which were judged, or were able to be judged on the merits, such as the question of competence " . (Cas. S. II. Dec. civ. No. 890 of June 21, 1935, Sever Andru: jurisprudence Rezumata, vol. III, Oradea, 1939, p. 418 418). + Article 35 The appeal must be submitted within 8 days from the aggrieved procedure or provision or from the communication of injurious conclusion, at the court or at the portarel, which is obliged to submit the letters of the court with a report, within 24 Hours. Paragraph 1 of art. 35 was completed by art. 5 5 of Law XII/1908, as follows: Article 5. -The first paragraph of art. 35 of the Law LX/1881 is completed with that, the appeal can be made verbally in front of the porter, with the occasion of the harmful procedure, which is obliged to record it to the minutes. Then follows paragraph 2 of art. 35 35: On the appeal, namely, in case of need, after hearing the parties or the port, decides, within 8 days, the competent court according to art. 8 and I go in as much as cancels any procedure for an irregularity enjoyed by the portarel, at the request of the parties and based on their reckoning, obliges on the portarel, to pay in 15 days the expenses caused. See art. 64 64-87 of the regulation for the service of porters. + Article 36 Amended by art. 41 41 of Law LIV/1912, as follows: Article 41. -Article 36 of Law LX/1881 is replaced by the following provisions: Until the resolution with the right value of the appeal-except the case of art. 104 of the Law LX/1881-cannot be auctioned; it cannot be used for the indestulation of the pursuer the amount collected with the occasion of the execution, but will be recorded at the court; it cannot be transferred to the pursuer nor the ordinance at the hands his claim seized (poprita); and in case of execution for the extradition of fungible things or effects, it can sequester and put under the seal the object of the sentence or, if the object of the sentence is missing, it can be carried out until Competition's competition. As the Law LX/1881 or the present law would not otherwise have, the provisions of the preceding paragraph must be applied in all cases, when the law assigns to any act suspensive effect on the continuation of the execution or when the court suspends the execution in the course of the procedure, according to the civil procedure or + Article 37 The appeal (recourse) filed against the judicial proceedings, has suspensive effect only on the issue of the price collected on the occasion of the securities auction, on the execution of the real estate, on the transfer, on the seized receivables, on the ordering of cash, on the handover to the pursuer of the object of the sentence and on the ordering of execution against the portarel convicted according to art. 35. The appeal (recourse) directed against the conclusion of the execution of the execution has a suspensive effect on the auctioning of the seized mobiles. If the second instance, by decision approving or reforming, orders: tender, transfer to the stalker of the seized claim, ordering of cash or handing over to the pursuer of the object of the sentence, against the conclusion of the first the courts by which these decisions are executed, no remedy shall take place. See art. Precedent. + Article 38 If, as a result of the appeal, that annulment is annulled, the procedure, the provision or the conclusion of the port, the appeal (recourse) made from the pursuer against the conclusion of the court that has been given in this regard, has an effect In so far as the acts of execution carried out are maintained with the effect of right pending the resolution of the call (recursion). + Article 39 Amended by art. 42 42 of Law LIV/1912, as follows: Article 42. -Article 39 of the Law LX/1881 is replaced by the following provisions: It has suspensive effect on the continuation of execution, in the conditions of art. 41 of this law, and the court decision not yet idled to the value of law, which reformed, removed from force, disolate or restricted the decision on the basis of which the execution was ordered. As far as any court decision restores the provisions of the border that served at the basis of the execution, the execution must be continued. Last paragraph of art. 38 of this law shall also apply to art. present. Art. 41 of the Law LIV/1912 is quoted in art. 36, and art. 38 of the LIV/1912 law at art. 28. + Article 40 Amended by art. 43 43 of Law LIV/1912, as follows: Article 43. -Article 40 of the Law LX/1881 is replaced by the following provisions: The execution in the regression takes place, if the decision on the basis of which the execution was ordered and carried out, was reformed, taken out of force or restricted, by a high court decision to the value of law. In these cases there is an execution in retrogression and then, if the following, in order to prevent execution, he indestulated on the following willingly, but only in the case, when the indestulation was done, or through the intervention of the court, or in front of the porter with the occasion of the execution process, or if it proves with genuine act. The execution in regression is made according to the norms established for Last paragraph of art. 38 of this law shall also apply to art. present. Art. 38 of the Law LIV/1912 is quoted in art. 28. + Article 41 The convicted party has the right to make the payment of the amount to which it was convicted, after ordering the execution and even before its ordering, through the intervention of the trial court. If both parties are presented for this purpose, after the identity of the parties is found, the minutes, which are signed by the parties and join in the file, shall be drawn up. The one who pays, can also claim a separate receipt. If only the convicted party is presented, the winning side or her representative from the trial will be quoted without delay and if the winning side were not present personally or through the trustee entitled to receive money, the convicted party has the right to record the sum of the sentence to the court, irrevocably at the disposal of the winning party. The expenses that are caused to the winning party or its representative with the presentation, are obliged to pay the convicted party. In the same way the payment can be made also through the intervention of the court rogate to carry out the execution, but only then, if the winning part lives in the constituency of the rogate court or if he has there a trustee entitled to receive money. The above rules are also applicable accordingly to the meetings where the conviction is not a sum of money, if the bond, taking into account the quality, can be executed in the official place of the court, without piedeca. + Article 42 If the following submits against the sentence on the basis of which the execution was ordered without suspensive effect or application for justification, renewal or action for annulment without suspensive effect and if at the same time shows that, in the event of a recast, the dissolution, cancellation or removal from force of the sentence, its right of execution in retrogression is jeopardised, may require that the respective indestulation forced execution, be conditional on the giving of a bail from the pursuer and if not would give such a bail to be allowed, that instead of payment, to record at the court the amount of payment or the object of the execution and in the end that the latter is not suitable for the record, to record at the court the cash value, which, in case of need, will be determined after hearing some experts. This request will be submitted to the court of the trial, which will decide on it, in case of need, after hearing the opponent. It will be granted bail-if in this regard the parties had not agreed otherwise-cash or effects declared by the Government of good for bail, but only up to two-thirds of their course and no case above their nominal value. The request submitted has suspensive effect on the ordering of execution or on the execution of the execution already ordered only then, if the amount of the sentence is recorded at the court or the object of the sentence or its value. Art. 42 is amended by art. 44 44 of Law LIV/1912, as follows: Article 44. -Article 42 of the Law LX/1881 is amended in the sense that, by the appeal referred to in art. It must be understood that the appeal (recourse) and the provision of the action for annulment and the annulment of the sentence should be repealed. Paragraph penultimate of art. 42 is repealed, and the way of insurance will be followed according to art. 127 of pr. civ. Article 127 of the Fr. civ. ard.: " Cautiunea-as far as the parties do not agree the way of insurance-must be deposited in cash or in declared effects of good for bail. The effects can be received in the amount of two thirds, from the last time quoted before the application, on the Bucharest Stock Exchange * 15), but at no rate above their nominal value. --------- * 15) In the Hungarian text of Budapest. See also art. 89 of the law for the High Court of Cassation and Justice, quoted after art. 1. Art. 36 of the Law LIV/1912 is quoted in art. 10. + Title II EXECUTION FOR CASH RECEIVABLES * 16) + Article 43 The execution for the collection of cash receivables, can be made, after the election of the stalker, on securities or real estate, or at once on both categories of wealth of the following. The pursuer is obliged to show, in the application for execution or in the minutes trained art. 7, on which he wishes to make the execution. If the pursuer wants to do the execution on mobile, it is enough if it shows the detour court in the constituency of which the mobiles are located, to be seized. In conclusion of the order of execution will be shown, apart from the capital of the claim, interest and percentage, with the showing of time since the interest flows. If, in the sentence or the transaction underlying the execution, the obligation to pay the interest is not included, it is due to the expiry of the term of fulfillment and to the acquittal, a interest of six percent. -------------- * 16) In the Hungarian text it is said: (............), which would mean: "Execution for the collection of cash claims". The last paragraph of this art. is amended by art. 1 of the Decree-Law for the establishment of interest rates and the removal of the chamber, published in the Official Gazette No. 102 of May 5, 1938, as follows: Article 1. -The annual legal interest is set at one percent (1%) in civil affairs and two percent (2%) in commercial business counted over the account of the National Bank of Romania. When the debtor is held to pay a interest without it being fixed by act, he will pay the legal interest. The debtor who, in bad faith caused, by delaying in the execution of the bonds, an injury to his creditor, will be able to pay, besides the interests of moratoriums and damages distinct interests. At the appearance of this work, the account of the National Bank of Romania is three percent (3%). + Article 44 If an execution was ordered, demanded on movable wealth that is in the constituency of several detour judges or an execution required on movable and immovable wealth, the pursuer can ask for each of these executions to be carried out. If the stalker, although he knew that the claim and the accessories are fully covered by a furnishing execution that he carried out previously, still carry out the execution and in another place, the following can ask, at the court that ordered the execution, to be exempted from expenses caused by carrying out the execution of the latter and to be sentenced to the payment of the expenses occasioned. The court decides on the request, in case of need, after hearing the parties and after procuring the execution scripts. Against the conclusion that is given, there is no appeal (recourse). + Article 45 If the execution was carried out on mobile wealth that is in the constituency of several detour judges, I enter as much as the writer's claim and the accessories have acquired full coverage from the purchase price made at the auction held in spring, at The application of the following must be declared dissolate to the other executions and must be known to the adjudicators rogate. If the execution was carried out on movable and immovable property and if the claim of the pursuer was paid completely on the occasion of the securities auction, the court competent to order the execution, is obliged, after the arrival of the execution scripts, to notify the court the competence for carrying out the real estate execution, to stop the pursuit and to radiate any execution inscriptions that carried out. These regulations will apply accordingly and in the case, when the execution was ordered on buildings located in the constituency of several funduary book authorities. + Article 46 In the cases art. precedent, if the resolution of preference issues prevents the purchase of the purchase price made at the furniture auction or if the purchase price of the auctioned property has not yet been divided, the following may request the suspension follow-up measures to the competent court for carrying out, if it shows that, after all likelihood, the purchase price will cover the stalker's claim together with the accessories. I. EXECUTION OF FURNITURE + Article 47 The executive sequestration of the securities is made by conscription, which the porter is obliged to do on the spot. The sequestration gives the right of pledge on the conscribed objects, from the moment the conscription was made. If the objects that could be seized represent such a small value, it can be stipulated that from them would not cover more than the auction expenses, the seizure will be omitted. The pursuer exercises the right of choice regarding the mobiles to be seized even then, if the claim is secured by mortgage. When the execution is carried out ex officio, without the stalker being represented, the right of choice is due to the porter. The sequestration must be continued until the pursuer wants, and in the executions that are carried out ex officio, until the claim and the accessories seem to be completely covered. The things about which the stalker or anyone else states that they form the property of others or which can be assumed from circumstances that form the property of others, can only be seized then, if the rest of the mobile wealth of the pursuit would not fully cover the claim. The execution minutes will show the names and home of the alleged entitled. + Article 48 The mobiles that are in possession * 17) of the following can be seized without any condition, and the mobiles that are in the possession of another, as a rule only then, if the owner consents to seizure. The execution can also be carried out in case of an opposition from the owner, if, from the evidence presented by the pursuer, it follows that verosimile, that the mobiles to be seized, form the property of the following. In this case, the owner or persons in his house, respectively the curator who will be appointed to his account (art. 24 24), must be frowned upon by the portarel. The holder has against the procedure the right of appeal and appeal (recourse) and if, following the appeal, the port procedure is annulled, the appeal (recourse) against the conclusion that is given in this matter, has no suspensive effect on Seizure removal. ------------- * 17) In the Hungarian text the word "birlalas" is used, which means "detentiune". If it does not seem verosimile, that the mobiles found in the possession of another, to form the property of the following, the impounding to seizure is included in the minutes, and the owner remains responsible to the pursuer for the damage caused, from the moment of training the minutes. The action for damages shall be brought forward by common law. + Article 49 As long as the spouses live together, they can be seized, in the case of an execution directed against the husband, the mobiles that are in the common possession * 18) of the spouses, except for the golden and silver objects, precious things and objects of clothing, marked with the name or initials of the name of the wife, further except furniture, which, according to their destination, are meant to be used by the wife. In the case of an execution directed against the wife, gold and silver objects can be seized, precious things and clothing items, marked with the name or initials of the wife's name, further the furniture, which, according to their records destination, are meant to be used by the wife and finally the mobiles in respect of which, from the evidence presented by the pursuer, it seems to be verosimile that it would form the property of the following. ((Art. 92 92). Clothing intended for the use of minor children, who live with their father and mother, followed, cannot be seized. + Article 50 The furniture is recorded, with the indication of the rooms and other rooms, in numerical order, in positions. -------------- * 18) As in art. 48, in the Hungarian text the word "birlalas" is used, which means "detentiune". In the minutes of execution each position must be passed, specifying as precisely as possible, the quality, quantity, pieces, number, measure or other distinctive signs. Furniture of the same nature, with less value, can be included several in a position, but grouped in such a way, that the total position does not have an estimate value of more than 2,000 lei * 19). The portarel can conwrite * 20) only the mobiles it has seen and which have been counted or measured in front of it. -------- * 19) In the Hungarian text 100 florets. See, in respect of the value, grade 11 of art. 27. * 20) To pass in the minutes of seizure. + Article 51 Amended by art. 2 2 and 3 of Law XII/1908, as follows: Article 2. --Instead of art. 51 of Law LX/1881; They are removed from prosecution and therefore, they cannot be seized, even with the consent of the following: 1. Objects directly intended for the divine service or for the worship of the home, the prayer books, the dotations of the rooms intended for the divine service, the ornaments of the tombs and sepulchres, as well as the objects directly necessary for the burial of the following or persons in the 2. Religious relics and familiar portraits; 3. Badges, medals and other decorations; 4. Pecets, stamps, scripts, registers for notes, commercial and other registers, belonging to a public or private service, or to a institution or store, as well as another arrangement belonging to a public or private service; 5. Uniform necessary for the performance of a public service or for the exercise of a profession, also the vestmind, which is required in the exercise of the mission, to persons performing religious ceremonies; 6. Weapons, equipment, tools, instruments, carriages and horses of persons from armed personnel, gendarmerie, as well as persons from the security service of other authorities, if they belong to the service; 7. Books, scripts, models, tools, utensils of officials, public or private officials, priests, teachers and teachers, public notaries, lawyers, doctors, engineers, writers, artists and in general persons operating in a cultural or artistic circle, as well as those of the midwives, necessary for the exercise of their profession; 8. The pharmacy arrangement, the instruments, the vessels and the stock of medicines, since the following needs them to continue the pharmacy enterprise; 9. The installations of hospitals and public sanatoriums, as well as those of private hospitals and sanatoriums, having the character of public hospitals; 10. House and kitchen furniture, dishes, dishes for cooking and cutlery, stoves, vetbad, necessary for the household, the necessary items for clothing, bed and body lingerie necessary, for the following and for people in the house; 11. Medicines and other doctors, as well as the necessary prostheses due to the disease or bodily defects suffered by the following or those in the house; 12. Books and school supplies, of the following and persons in the house; 13. The weapons necessary for the continuation of the profession and for personal safety; 14. The unelets, tools, instruments and animals of small industrialists, craftsmen, workers of industries (factories), daily and generally of those, who maintain themselves from manual labor, necessary for the continuation of their trade, further the stock of materials for processing available to small industrialists and craftsmen, up to the amount of 1,500 lei * 21). --------- * 21) In the Hungarian text 150 crowns. 15. Food, materials for heating and lighting, necessary for the following and persons in the house, for one month; and in their absence, from the cash that could be seized, the amount necessary for their purchase; 16. From cash, the amount required to pay the rent for a quarter of a year, for the home owned by the following and by the persons in the house; 17. After the choice of the following: a cow or four sheep, or four goats, or four pigs, also the fodder, straw and litter for these animals, for half a year, and in the absence thereof, from the cash that could be seized, the necessary amount for their procurement; 18. Samanta (art. 28 * 22), the shooting animals, the fodder, the straw and the litter for half a year, further the agricultural tools and the garbage, which those dealing with agriculture need, for the land worked by the Danes, or that others work for The Danes, but not more than for the twentieth flurries of the arator; and in the absence of seed, of the numerary which might be seized, the sum necessary for its purchase; 19. In those persons, whose rights * 23) cannot be seized in whole or in part, from the cash that is located at the Danes, the amount corresponding to the rights that could not be seized, counted during the execution and to the proximate maturity of rights; --------- * 22) Article 28 of Law XII/1908. This article is quoted in art. 208. * 23) In the Hungarian text it is said: "jarandosag". For this word, the expression "competence" is used in Transylvania. I found that, it is more correct if it is used for the Hungarian "jarandosag", the Romanian word "rights". 20. The goods that special laws bring out from under-tracking. Art. 3.-It can be seized by the way, by the execution of any object shown in art. 2, for the collection of the purchase price of that object, if the court that ordered the execution, on request, declares the object to be seized by the end of the execution or later, by separate conclusion. In case of point 2 of art. 2 frames (frames) can be seized, as they can separate from relics or portraits, without ruining the substance. For the collection of the food pension that was established in the favor of the one that the following is obliged to maintain on the basis of the law or a legal use, as well as for the collection of the food pension that was established in the natural child's favor, it can be seizure in the cases of points 15, 16, 17, 18 and 19 of art. 2, half the cash shown there. In case of paragraph 19 of art. 2 2, must be compensated for (compute) the amount which has been left to the pursuits in accordance with paragraph 15. + Article 52 Postal law, further means of transport, stocks and things intended for postal service, postal charges and amounts for transport, collected for the State, finally the rights of postal masters for transport and office pausal, no may form the object of a pursuit. Also you cannot follow: cash and other values sent by post, amounts from postal repayments and amounts mandated by post or telegraphic. Article 52 is amended by art. 79 of the law on the exploitation of posters, telegraphs and telephones, published in the Official Gazette No. 143 of 25 June 1938, as follows: Article 79. -No seizure or attachment may be established on the objects, values and effects of trade, entrusted to the P.T.T. services and on the guarantees of enterprises or persons in the service of the P.T.T. Administration. Also, the income, subsidies, appliances, materials, vehicles, animals, fodder and any other objects of the P.T.T. Administration and its prepuses, necessary for the execution of the service, cannot be seized or popri: See in relation to art. 52 and the provisions of art. 336 of the Decree-Law for the tax procedure code, quoted after art. 25. + Article 53 The industrial concession can only be pursued then, if, in accordance with the industrial rules in force, it can be validly disposed of. As far as the execution of the State monopoly objects takes place and the work necessary for their production or sale, further on the lottery wins and the goods that are in customs, must be decided according to the rules of Monopoly in force. Law for the administration and exploitation of monopolies of the Kingdom of Romania, published in the Official Gazette No. 144 of 2 July 1930 Article 16. -The amounts due to growers as a value of the harvested tobacco cannot be paid either in whole or in part. They cannot be pursued by how much for debts to the State, county or commune, C.A.M., or other state institutions marketed and by the owner or tenant for the lease of the land cultivated with tobacco. The tools and ecarettes procured to growers by C.A.M. form the exclusive pledge of the amounts owed to this administration. They cannot be traced for any debts other than after the full payment of the C.A.M. claim. Any follow-up or assignment made against the present prescriptions is void of law, and nullity can be invoked in any way. Law for the organization of the exploitation and administration of the State Lottery by classes for public health and social protection, published in the Official Gazette No. 170 of July 26, 1934; Article 21. -The loz is the property of the one who owns it by buying from a collector. No attachment, seizure or prosecution can be made for any kind of title on the winners of the draw. In case of death, absence or incapacity, legally established and proven, of the owner of the lotted lottery, the winner will be recorded at the House of Submissions and Consemnations, at the disposal of the legal representatives. + Article 54 Amended by art. 6 of Law XII/1908, as it is called: Article 6. --Instead of art. 54 54 of Law XL/1881; Provided that it remains untouched to watch, over seizure, an annual amount of lei treisecime, one third of the usual salaries and salary accessories can be seized, as well as from the rights in case of availability, which they are subject to. receive: officials and officials of the State, counties and communes, further priests, teachers and teachers employed at State, communal and confessional public schools, persons holding on to the armed power, gendarmerie, as well as staff prisons and correctional institutes, officials and other categories of employees with annual salary or per diem or monthly salary, of public railway and navigational enterprises with motor force, operation in the direction, from technical and economic management, dramatic and operatic artists employed for certain roles, people in the orchestra and in the choir, of the national theatre and the opera and finally, the lower officiants and servants employed in public services. The indemnity of rent of persons shown in the previous paragraph can be seized only for rent claims; and the other rights that are due after service, cannot be seized at all. If any of the persons shown in the preceding paragraph, in order to build or buy their dwelling house, take the obligation to pay by authentic act, linking to this purpose the indemnity of rent, for the collection of receivables dintr'un such an act, it can sequester and indemnity of the rent of the obliged. At the executions made on the rights of these persons, the claims deriving from salary advances, do not have priority over the claims of the followers, who have acquired the right of pledge before the advance is ordered, but the claims deriving from the service, especially from service charges, extra high salaries, refunds, as well as from fines and penalties in money, have the right of priority over the claims of creditors with the right of previously acquired pledge. Further, they have priority over the claims of creditors with the right of previously acquired pledge, claims for public medical treatment (Law XXI/1898), as well as other such claims from special laws. For the claims shown in the previous paragraph, you can make deductions from rights without consideration to the restrictions fixed by this law. In terms of the amount of detentions, it must be followed according to the special norms, which were given in this direction; in the absence of such norms, it will be possible to make deductions no more than twenty percent of the amount that according to the law could not be executed. The amount that must be left to the following, over seizure, was fixed by art. 6 of Law XII/1908 to 2,000 crowns annually. This amount was then increased by ordinance No. 5.051/1917 M.E. to 3,000 crowns annually and finally, the amount of 3,000 crowns annually was increased to 30,000 crowns annually, by ordinance of 31 Octomvrie 1919 of the Dirigent Council, published in Gazeta Official No. 79 of January 10, 1920. (We give at the end of this work and the ordinance of the Dirigent Council of 31 October 1919). When the order of the Dirigent Council was given, the crowns were not yet removed from circulation and for this reason, the Dirigent Council increased the limits of value simply to their tenfold. Subsequently, after the crowns were removed from circulation, the practice admitted to calculate the value limits in the execution law, counting for each crown a lion. Thus, the limit of value in par. intaiu al art. 6 Law XII/1908 is today 30,000 lei annually. The High Court of Cassation, in a case in which the limit of value in art is discussed. 4 of Law XII/1908 (which completes art. 27 of the law on the procedure of execution) calculated the limit of value as shown above, counting for each crown a lion and then increasing the value to its tenfold, based on the ordinance of the Dirigent Council, published in Gazeta Official No. 79 of 1920 * 24). In other cases, the High Court of Cassation avoided specifying the texts by which the limits of value are calculated. In connection with the pension of officials, the High Court of Cassation even set a value higher than the tenor of the amount in the Hungarian text, without showing the legal provisions that would admit such a calculation * 25). -------- * 24) Cas.S. II. Dec. civ. No. 118 of Feb. 9, 1934, published in Severe Andru: Romanian Jurisprudence, vol. III. Oradea, 1939, p. 312. * * 25) Cas.S. II. Dec. civ. No. 1171 of 21 Oct. 1935, published in Severe Andru: Romanian Jurisprudence, vol. III Oradea, 1920, p. 444 444 A. The amount that can be followed for the collection of food pensions established on the account of the wife, the ascending relatives and descendants of the following and the natural child, is shown in art. 9 of Law XII/1908, quoted in art. 58. See in relation to this article and art. 11 and 15 of Law XII/1908, quoted the first one in art. 61 61 and the second after art. 64. The decree-law for the code of civil servants, republished in the Official Gazette No. 59 of March 10, 1942, does not contain any relative provisions on the pursuit of salaries. In this code, however, there are provisions regarding the pursuit of child benefit and funeral aid. Code of civil servants: Article 25. -The official who has minor children receives for each child a monthly allowance of 500 lei. No retention for tax or pension shall be made of this allowance; it may not be poprita or traced for any debt. (I quoted from art. 25 only para. 1 1 and 2). Article 41. -The family of the deceased official is entitled to a funeral aid, equal to the gross salary, plus the indemnity of rent and the child allowance, for three months. The funeral aid will immediately be paid to the family or to the one who bears the funeral expenses. This aid will not be able to be pursued for any debts, except for burial. The family of the deceased official will continue to use the public housing for three months from the date of death. In case of death of the wife or husband, who is not a public servant, or a child, a funeral aid will be allowed to the official. In the old Kingdom, the salaries of civil servants follow on the basis of art. 409 409 of the civil procedure code. Civil procedure code of the old Kingdom: Article 409. ((Way. Lg. 1 June 1905). Retirement pensions, national rewards, lephiles and diaries: of the ecclesiastics, the military, and all the officials paid by the State, district, commune and welfare institutions, whose budgets vote by the House, cannot be ceded either. Totally, not in part. They can only be pursued up to a third for debts to the State, penalties provided by law, for rents and food claims, as well as for the privileged claims prescribed by Article 1729 Civil Code * 26); up to half as far as the payment of the wife's legal endowment, as well as the food granted by law to the wife, children and ascendants. --------- * 26) Romanian Civil Code; Art. 1729. -The privileged claims on all furniture are the lowest shown, and shall be exercised in the following order: 1. Judgments made in the common interest of creditors; The pension divestment, with titles prior to the law of March 1, 1881, can ask for the return of the counted capital, with its legal interest, and obtain their compensation by tracking up to a third of the pension. The rent allowances that are granted to officials, such as those of the railways, are untraceable and absolutely non-sensitive. However, they can be watched and ceded in total only for rent, due to the semester at which those allowances are related. Article 410. -It is null any tracking or divestment made against the front prescriptions. + Article 55 Amended by art. 7 7 of Law XII/1908, as follows: Article 7. --Instead of art. 55 55 of Law LX/1881: Provided that it remains untouched to watch, over seizure, an annual amount of eighteenth lei, one third of pensions and grace pensions can be seized, which the persons shown in the first paragraph of art. 6, also the bonuses of persons due in case of retirement, as well as the old-age pension of priests. If these persons receive, instead of a pension, a definitive global amount (excontentment) or if persons belonging to the armed power receive, with loss of degree, a pension of grace, from the point of view of the executability, they consider themselves equal to pension. If the definitive global amount (excontentation) has been fixed in the amount of the two-year remuneration, the part that can be seized will be counted, for each year, separately. The same is done in the case of a pension repurchase (art. 28 28 and 29 of Law XI/1885). In the case of the three preceding paragraphs, paragraphs three and four of art. 6. ------- 2. The expenses of the burial in relation to the condition and condition of the deceased; 3. The expenses of the disease of the latter made in the course of one year; 4. Salaries of service people for a past year and the rest of the current year's debt; 5. The six-month salary of the store calfes, and the one-month salary of the workers with the day; 6. The price of subsistence items of the debtor and his family in the course of six months. When the value of the buildings has not been absorbed by the privileged and mortgage receivables, the part of their price that remains will be affected with a preference to the payment of receivables shown by this article. Pensions, grace pensions, definitive global amount (excontentment) or pension redemption, also education aids (art. 39-44 of Law XI/1885), which is granted to the widows left after the persons shown in the first paragraph of art. 6, they can't sequester. The amount that must be left to the following, for seizure was fixed by art. 7 of Law XII/1908 to 1,200 crowns annually. This amount was then increased by ordinance No. 5.051/1917 M.E. to 1,800 crowns annually and finally, the amount of 1,800 crowns annually was increased to its tenfold, by ordinance of 31 Octomvrie 1919 of the Dirigent Council, published in the Official Gazette No. 79 of 10 January 1920 * 27). See in relation to the limit of value and note from art. Precedent. Article 7 of Law XII/1908 is amended by several back laws. The most important are: General Pension Law, published in the Official Gazette No. 85 of April 15, 1925; ------- * 27) The High Court of Cassation probed a sentence of the Maramures Court established the non-prosecution amount from pension to 3,000 lei monthly. In the decision of the High Court of Cassation, it is said: " Given that from the conclusion brought on appeal it follows, that the Tribunal, in order to resolve in a manner shown the appeal made to be pursued, motivates, that I enter as much as through art. 6 and 7 of the executive novella (54 and 55 the law of execution) clearly states, that it can be pursued only those part of the pension, which goes above the minimum of existence-so that 1/3 remains untouched, which exceeds this minimum established by the practice and jurisprudence at 3,000 lei monthly,-and in particular, the monthly pension of the following being 2,100 lei monthly, the pension that the following receives can no longer be subject to detentions ". " Considering that from the exposed ones resulting, that the appellate court made a good application of the law texts and the general principles in the matter-having no influence in the cause of the fact that the stalking is also a lawyer-the reasons for scrapping are unfounded, to be removed and therefore the appeal is rejected as unfounded. " (Cas.S. II. Dec. civ. No. 1.171 of 21 Octomvrie 1935, published in Severe Andru: Jurisprudence Summarized, vol. III, Oradea 1939, p. 444 444). We find that the considerations of the above decision are wrong both in terms of value limit and on the amount that can be pursued. In accordance with art. 7 of Law XII/1908 of the pension can be followed 1/3 part, but provided that it remains untouched to watch, over seizure, an annual amount of 18,000 lei (monthly 1,500 lei) and not as shown in the recitals of the above decision, that the pension must be to remain untouched 1/3 part but at least 3,000 lei monthly. Article 69. -The pensions cannot be yielded either in total or in part. They cannot be followed by 1/3 for debts to the State, criminal fines, rents and food claims; up to 1/2 for the payment of the wife's endowment, as well as for the amounts granted by food to the wife, children and ascendants. " For the amounts owed to the State, for which there is no definitive title, according to the respective laws, the pursuit will be made on the basis of a reasoned decision given by the ministry on which the pensioner depended on when he is in operation. This decision, which will show what amounts is due to the State and for what causes, will be communicated to both the pensioner and the General House of pensions that will make the detentions. Against this decision, the pensioner will be able to appeal to the court of his home, within 10 days of communication. The tribunal will judge urgently and without right of opposition: the authority that pronounced the decision and the caller will be quoted. The court's ruling can be appealed to the High Court of Cassation within a month of the ruling, which will judge without right of opposition. The descendants ' guesthouses cannot be traced for the amounts owed by their author. The law on the guesthouses of those who took part in the war to complete the nation of 2 Septemvrie 1920; Article 33. -The pensions acquired by virtue of this law are exempt from any kind of detentions in the profit of the general house of pensions. They cannot give in, neither in total nor in part, and can only be pursued for debts to the State and for food pensions owed to the wife and minor children. In no way will these detentions be able to exceed 1/4 of the hostel. If on this detour the State comes in competition with the wife and children, in this case, the State will receive 1/8 and the children and the other wife 1/8. The exceptional aid provided for in Chapter V of this Law shall be exempt from any kind of detentions. Decree-law for the Statute of invalids and war injuries, descendants of the dead or missing in the war, published in the Official Gazette No. 209 of 4 Septemvrie 1941; Article 24. -The pensions and national rewards granted by the present law, can be ceded only for food pensions due to the wife and minor children, when the attachment can only be made on the pension and cannot exceed 1/4 of its amount. The amount that can be followed for the collection of food pensions established on the account of the wife, the ascending relatives and descendants of the following and the natural child, is shown in art. 9 9 of Law XII/1908. quoted in art. 58. See also art. 15 of Law XII/1908 quoted after art. 64. + Article 56 Cannot be traced: the amounts granted to invalids for food, the bonuses granted to the injured, the premiums for bravery medals, the amounts that are ordered with the title of the burial quarter or as the definitive global amount (excontentment), for the families of the deceased military, as well as the gratification granted to the widows or children left after the persons shown in the present article and art. 54, for services provided by the respective husband father. See the notes from art. precedent in connection with the law on pensions of those who took part in the war for the reunification of the nation and the Decree-law for the Statute of invalids and war injuries, the descendants of the dead or missing in the war. + Article 57 From the dabandays of the cautions for military marriages, only a third can be seized and only on condition, to remain exempt from tracking an annual amount of at least 500 floreans. With this restriction you can approve the execution only for bonds contracted during the marriage of both spouses or, after the end of the marriage, by the wife. The capital of bail for military marriages can be seized, however, with the restriction, to be able to use for the indestulation of the wanted claim, only after the bail bond has ceased. Art. 57 is amended by art. 8 8 of Law XII/1908, as follows: Article 8. -Article 57 of the Law LX/1881 is amended in the sense that, from the interest rates of military marriages, only one third can be seized, but in such a way, to remain of interest exempt from seizure an annual amount of eighteenth lei. The amount exempted from the seizure was fixed by art. 8 of law XII/1908 to 1,200 crowns annually. This amount was then increased by ordinance No. 5.051/1917 M.E. to 1,800 crowns annually and finally, the amount of 1,800 crowns annually was increased to its tenfold, by ordinance of 31 Octomvrie 1919 of the Dirigent Council, published in the Official Gazette No. 79 of January 10, 1920. See in relation to the exempt amount and the note from art. 54 54 (Art. 6 6 of Law XII/1908. The marriage of the military is now regulated by the law on the marriage of the military, published in the Official Gazette No. 83 of April 9, 1931, with its subsequent amendments. See art. next as well as art. 15 of Law XII/1908, quoted after art. 64. + Article 58 Amended by art. 9 9 of Law XII/1908, as follows: Article 9. --Instead of art. 58 of Law LX/1881; When the pursuer is executed for alimony established on account of his wife, on account of his ascending or descending relatives, as well as for his natural child, the exemptions fixed by art. 6 and through the first three paragraphs of art. 7 are reduced by half, and from the rights shown in the last paragraph of art. 7, it can sequester half. The dabandays of the cautions for military marriages, can be seized without any restrictions in their total amount, for the food pension that is due to the wife and relatives descendants of the debtor. But, in terms of the alimony that is due to the ascendant relatives, the debtor, from the interest of the bail to the military marriages, only the part that passes over the annual lei eighsprecezemias can be seized. Paragraph intaiu al art. 9 of Law XII/1908 is amended by art. 2 of ordinance No. 5.051/1917 M.E., as follows: Article 2. -The first paragraph of art. 9, as well as the first paragraph of art. 14 of Law XII/1908 is amended in the sense that, in the case of an execution directed for the collection of the food pension due to the wife, the ascending or descending relatives of the following, or for the collection of the food pension established on account illegitimate child, one can sequester half and from the untraceable part of rights * 28), but only in such a way, to remain untouched for pursued, over seizure, from salary and from rights with the same character due for active service (art. 6 and 11 of Law XII/1908), at least an annual amount of 10,000 lei * 29), and from the pension (definitive global amount * 30)) and of the rights of the same character (the three first paragraphs of art. 7, further the penultimate paragraph of art. 13 of law XII/1908), at least an annual amount of 6,000 lei * 31). -------- * 28) In the Hungarian text it is said: "a jarandosagoknak vegrchajtas alol mentes reszebol". * 29) In the Hungarian text 1,000 crowns. * * 30) Excontentation. * 31) In the Hungarian text 600 crowns. See art. precedent and note on the limit of value, as well as art. 15 of Law XII/1908, quoted after art. 64. Art. 6, 7, 13 and 14 of Law XII/1908, are ciated in art. 54 54, 55 and 64. + Article 59 Exhortities and rights for trips made on the basis of delegation or by virtue of the function, which is due-in accordance with the rules in force-to persons shown in art. 54 and 55, cannot be seized, even if the payment of these exhortations or rights would not be made by a public cashier. + Article 60 Amended by art. 10 10 of Law XII/1908, as follows: Article 10. --Instead of art. 60 of Law LX/1881; Conventions or waivers, made to be followed, contrary to the provisions regarding the restriction of the execution, contained in art. 54, 55, 57 and 58 of the Law LX/1881, modified by art. 6-9 of the present law, as well as in art. 56 and 59 of the Law LX/1881, are void. The effect of the execution made on the salary stretches, if in the meantime there was any change also on the salary, pension, grace pension, definitive global amount (excontentation) or pension redemption of later, in such a way that, without any new court provisions, the seized part of the salar changes in relation to the new rights. If the rights fall to the exempt amount or below, the effect of the execution is suspended and revived from oneself, when the rights again exceed the exempt amount. After a five-year suspension, the execution effect ceases. + Article 61 Amended by art. 11 11 of Law XII/1908, as follows: Article 11. --Instead of art. 61 of Law LX/1881; Provided that it remains unscathed for the purpose, over seizure, an annual amount of retresibling lei, one third of salaries and any other rights that persons receive for active service, unstrung in art. 6, employed in a stable manner in a public or private service. In accordance with this article, they will be considered by employees to establish those, who are not paid by daily allowance and by day, by week or by piece. Article 10. -It will also apply accordingly to the persons shown in the first paragraph of this article, namely the three latter paragraphs of art. 10 as long as the persons remain in the service of the same company, enterprise or other patron. Provisions of art. 11 of Law XII/1908 are modified in terms of persons entering the provisions of the law on employment contracts, by art. 67 67, 68, 69, 70 and 92 of this law. Law on employment contracts, published in the Official Gazette No. 74 of April 5, 1929; Article 67. -Wages can only be pursued up to two-tenths of the intransy, and can only be given up to the competition of another two-tenths. Salaries cannot be traced for any claim deriving from the purchase of alcoholic beverages. Art. 68. -No compensation can take place between salaries or part of benefits due to a certain claim of the owner. In cash advances, the compensation can only take place until the competition of a tenth, with the exception of advances that will have been made for works in progress and which can be retained in its entirety. The liquid and chargeable receivables in the supply of labour instruments or the raw material necessary for the work, which will be able to be compensated in a proportion of 1/5 of each payment, shall be exempted. Article 69. -The deductions on the salary, made with the title of bail or guarantee, cannot exceed one tenth of each payment, until the coverage of the amount provided by the parties ' convention. The detentions will be filed on the owner's liability at an economy house of the State from the circumscription of the respective Chamber of Work. Article 70. -The cumulation of detentions made under any title, within the limits shown above, will not be able to reduce the salary below 1/3 of each payment. Compensations and detentions are privileged, and they pass before the other claims even privileged outside the taxes to the State, county and commune. Article 92. -The salaries of officials in industry and trade, entering the provisions of this chapter, cannot be ceded or pursued for more than 1/3. The remaining 2/3 in these officials and six tenths in the wages of the workers (art. 67 67), can only be ceded or pursued in the cases provided by par. 1 1, art. 409 of the Civil Procedure Code of the old Kingdom. The limit of value in par. 1 1 art. 11 Law XII/1908 was fixed at the beginning in 2,000 crowns annually. This amount was then increased by ordinance No. 5.051/1917 M.E. to 3,000 crowns annually and finally, the amount of 3,000 crowns annually was increased by the ordinance of 31 Octomvrie 1919 of the Dirigent Council, published in the Official Gazette No. 79 of 10 January 1920, at her tenor. See in respect of the value limit and the notes from art. 6 6 and 7 (art. 54 54 and 55). The amount that can be followed for the collection of food pensions established on the account of the wife, the ascending relatives and descendants of the following and the natural child, is shown in art. 14 14 of Law XII/1908. This art. is quoted after art. 64. Art. 6 and 10 of Law XII/1908 are quoted in art. 54 54 and 60. + Article 62 and 63 Modified by art. 12 12 of Law XII/1908, as follows: Article 12. --Instead of art. 62 62 and 63 of Law XL/1881; From the diurnal you can watch only the part that passes seventy lei to the day. From the salaries of the workers, if they are paid by day or week, only the amount that passes by seventy lei to the day can be followed. Wages that are due for work in the agreement (work determined by piece) can be sequestered only to this extent, to remain exempt from execution an amount of sptetens of lei for each working day. The amounts which cannot be followed in accordance with the preceding paragraphs shall be reduced by half if the execution is made for debts from food and rent on account of the pursuits and of his family. The rights of simple soldiers cannot be pursued. See art. 67, 68, 69, 70 and 92 of the law on employment contracts, published in the Official Gazette No. 74 of April 5, 1929, quoted in art. Precedent. The limit of value in paragraphs 1, 2 and 3 of art. 12 was fixed at the beginning in 5 crowns to the day, This amount was increased then by ordered No. 5.051/1917 M.E. to 7 crowns 50 filers to day and finally, the amount of 7 crowns 50 filers to the day was increased by ordered from 31 Octomvrie 1919 a The Dirigent Council, published in the Official Gazette No. 79 of January 10, 1920, at 75 crowns up to date. See in relation to the limit of value and the notes from art. 6 6 and 7 (art. 54 54 and 55). + Article 64 You cannot follow the pardoning pensions that are paid from a public cashier, from a fund to help the poor or a fundational one, as well as the benefits of charity and mercy that are granted to widows, orphans and in general those needy, by companies, institutions, foundations or individuals. Art. 64 is completed by art. 13 13 of Law XII/1908, as follows: Article 13. -Article 64 of the Law LX/1881 is completed with the following provisions: Loans for the case of misery, scholarships, as well as aid for studies and trips granted by the authorities, institutions, meetings or cooperatives, cannot be seized. The pension and other annuity that the pursuer receives from an institution, society or meeting, constituted in order to help or maintain their members and persons left after them, if otherwise not removed from the pursuit, further the pension. and another right of a pension entitled to persons shown in the first paragraph of art. 11, which he receives from the patron, can only be seized until the competition of a third, but also this provided he remains natinsa for watching, over seizure, an annual amount of eighteenth lei. Pensions and rights cannot be seized, which the widows and children of the persons shown in the first paragraph of art. 11, for services provided by the respective man their father. The limit of value shown in the penultimate paragraph of art. 13 of Law XII/1908 was at the beginning of 1,200 crowns annually. This amount was then increased by ordinance No. 5.051/1917 M.E. to 1,800 crowns annually and finally, the amount of 1,800 crowns annually was increased by the ordinance of 31 Octomvrie 1919 of the Dirigent Council, published in the Official Gazette No. 79 of 10 January 1920, at her tenor. See in respect of the value limit and the notes from art. 6 6 and 7 (art. 54 54 and 55). Art. 11 of Law XII/1908 is quoted in art. 61. Law XII/1908: Article 14. -In the case of an execution directed for the collection of the food pension due to the wife, the ascending or descending relatives of the following, or for the collection of the food pension established on the account of the illegitimate child, the exemptions shown in art. 11 in the first, second and third paragraphs of art. 12, as well as in the penultimate paragraph of art. 13 are reduced by half, and from the rights shown in the last paragraph of art. 13 can sequester half. With regard to claims for public medical treatment (Law XXI/1989) and on those other claims available to special rules, deductions may also be made from the amounts shown in art. 11, in the first, second and third paragraphs of art. 12, as well as from the amounts shown in the penultimate paragraph of art. 13, to the extent shown in the last paragraph of art. 6. Paragraph intaiu al art. 14 of Law XII/1908 is amended by art. 2 of ordinance No. 5.051/1917 M.E., as follows: Article 2. -The first paragraph of art. 9, as well as the first paragraph of art. 14 of Law XII/1908 is amended in the sense that, in the case of an execution directed for the collection of the food pension due to the wife, the ascending or descending relatives of the following or for the collection of the food pension established on the child's account illegitimate, one can sequester half and from the untraceable part of rights * 32), but only in such a way, to remain untouched for pursued, over seizure, from salary and from rights with the same character due for active service (art. 6 and 11 of Law XII/1908, at least an annual amount of 10,000 * 33) lei, and from the pension (definitive global amount * 34)) and from the rights with the same carcater (the three first paragraphs of art. 7 further the penultimate paragraph of art. 13 of Law XII/1908), at least an annual amount of 6,000 lei * 35). Art. 6, 7, 11, 12 and 13 of Law XII/1908 are quoted in art. 54 54, 55, 61, 62-63 and 64. The value limits in the Hungarian text were increased to their tenfold by the order of 31 Octomvrie 1919 of the Dirigent Council, published in the Official Gazette No. 79 of 10 January 1920. See in relation to the value limits and the notes from art. 6 6 and 7 (art. 54 54 and 55). --------- * 32) In the Hungarian text it is said: "a jarandosagoknak vegrehajtas alol mentes reszebol". * 33) In the Hungarian text 1,000 crowns. * * 34) Excontentation. * 35) In the Hungarian text 600 crowns. Law XII/1908: Article 15. -If several rights of the pursuit are executed, from those shown in art. 6 6, 7, 8, 9, 11, 12 and 13, the exemptions fixed there shall be due after each separate right. Art. 6, 7, 8, 9, 11, 12 and 13 of Law XII/1908 are quoted in art. 54 54, 55, 57, 58, 61, 62-63 and 64. + Article 65 As long as the contractual relationship, concluded on the one hand between the State, public authorities and general foundations and on the other between private persons, cannot be pursued at all the objects that must be delivered under the contract away the advances and partial payments that the State, the public authority or the foundation must pay, and the works necessary for the performance of the contract can be pursued only in such a way, not to be prevented by this use in fulfillment of contract During the duration of the contract, the receivables due after the performance of the contract and after the final settlement, due to private persons, who have concluded contracts with the state, with public authorities or with general foundations. Cash or values given by way of bail, although it may be seized, however, the creditor may ask for his indestulation only when and when he ceases the character of bail. Art. 65 is amended by art. 112 of the law on public accounting and on the control of the budget and public patrimony, published in the Official Gazette No. 167 of July 31, 1929, as follows: Article 112. -Popriri and seizure on the amounts due to the entrepreneurs for services carried out will only be able to apply to the final settlement; all these amounts due to entrepreneurs will serve more intaiu to ensure the contracted works, then to pay the workers of agents or taserons and the furnishing of materials until the completion and provisional reception of the works. + Article 66 The amount of life insurance that is due to the beneficiary cannot be traced to the insured's debts. This rule also applies when you are shown as beneficiaries-without any closer clarification-the heirs of the insured. Compensation to be paid by the insurer on the basis of a fire insurance, although it cannot be pursued for the insured's debts, however the porter is obliged to incuse the execution procedure on the creditors mortgages that had a mortgage right before the fire damage happened. These creditors have the right to capitalize on their priority rights or to claim to apply sequestration on the amount of compensation and to use it to restore the burnt edifice. The compensation to be paid for insured movable property, cannot be pursued for the insured's debts, however, those who have acquired the right of pledge on insured mobiles can claim to be indestulated as a priority, if they announce their this entitlement prior to the ordering of the insured amount. + Article 67 Amended by art. 16 of Law XII/1908, after the curm follows; Article 16. --Instead of art. 67 of Law LX/1881; In the case of an execution made against those dealing with agriculture, although the shooting animals and agricultural tools, which do not enter point 18 of art. 2, however, if the pursuer wants to use them for the continuation of the farmer and if in respect of the shooting animals he also cares for the necessary fodder, they cannot be taken from his free disposition nor can they bid, in the From 15 March to 15 Noemvrie. This restriction does not apply if the execution is directed against the tenant for the collection of the arene and if the court competent for ordering the execution admits it by concluding the execution order, or later, by concluding Separate. Art. 2 of Law XII/1908 is quoted in art. 51. + Article 68 On the objects handed over for the transport of the navigational and railway undertakings with the motric force or other carausi, executions can be carried out for the debts of the recipient only after the goods arrived at the place of destination and after being handed The recipient's letter of carriage. For the debts of the sender, the objects handed over for transport can be seized only in the case, if the delivery container or the loading ticket has not been issued and if at the same time it is known about carrying out the execution Railway and navigational enterprises with motric force the head of the station where the unloading must be made-in a time when it can still be prevented the release of the carriage letter to the buyer. If the loading ticket or delivery container has been issued, in the above conditions the goods handed over for transport can be seized, for the debts of the owners of the loading ticket or the teaching receptacle, but only then if found the loading ticket or the delivery container and shall be recorded in the court deposit or the seizure shall be noted. The Carausul is in no way obliged to release the seized things before his claim is paid for which on the basis of art. 411 of Law XXXVII/1875 is due as a pledge and even if they release them, the right of pledge remains untouched; this claim shall be paid from the price made at auction as a matter of priority. If the pursuer acquits this claim of the carause, it enters the rights of pledge and indestulation with priority of the carause. Article 411 of Law XXXVII/1875 (Commercial Code): " The Carausul has the right to pledge on goods transported up to the competition of claims deriving from the transport contract, in particular, for transport, storage and customs duties and for other debursaries. This right of pledge operates until the goods transported have been handed over to the consignee. " " Based on this valid pledge right and if the owner has been declared bankrupt, the carausul can claim for the payment of his claim the partial or total sale of the goods in the sense of the provisions of art. 409 409 ". + Article 69 Before the seizure begins, the portarel is obliged to count, at the request of the following, the claim and the accessories and to include this account in the minutes of execution. See art. 36 36 of the regulation for the service of porters. + Article 70 With the occasion of execution, the portarel is obliged to investigate as possible and to show in the minutes, whether or not the objects on which the execution is made are sequestered by an earlier execution. Seizing the already seized mobiles again is usually done by overriding. The overriding is done without a new conscription in that, the overriding is noted on the original copy of the minutes trained with the occasion of the previous execution, making mention of the name of the new pursuer and possibly that of his representative, his domicile, the amount of the claim and the conclusion that contains the order of execution and the delegation and this note is signed by the portarel with the exact showing of the time when the oversequestration was made. The conscription of other mobiles, which possibly would sequester apart from those overridden, is routinely done. If, on the occasion of the previous seizure, the seized things were not put under strict seizure and the previous seizure is made before the new execution by more than six months, or if the minutes of the basic execution cannot be purchased, the new execution is not done by overriding, but by a new ordinary conscription. Even apart from these cases, the portarel, after its appreciation or at the request of any of the interested, makes the execution of a new conscription and then, when from the circumstances it follows that verosimile that in the meantime a change happened in the objects impounded. The previous execution of which it was found, must also be shown in this case in the minutes, making mention of the domicile of the previous pursuer or that of his representative and the amount of the claim. See also art. 41 41 of the regulation for the service of porters. + Article 71 Amended by art. 17 17 of Law XII/1908, as follows: Article 17. -The value of seized mobiles is determined by evaluation at once with the application of seizure. If the stalker and the stalker get on the valuation price, it is obligatory. Otherwise, the evaluation makes it as a rule of porcelain. If the execution must be carried out at the seat of the court and if a stable valuer is employed at the court, the portarel takes him with himself and he makes the assessment. In cases of executions that must be carried out outside the seat of the court, the porter leads with himself to the cherished place and he makes the assessment only then, when it is stipulated that the mobiles to be seized are those whose evaluation requires expert knowledge. In addition to the case of the previous paragraph, it must be valued at the same time, when requested by at least one of the parties. However, if only the stalker asked to use himself as a treasurer, without the need for it for the purposes of the preceding paragraph, the assessment expenses cannot be determined in the pursuit of the pursuits. If necessary, it can also bring value in the course of execution. The assessment price shall be shown in the minutes of execution for each separate seized item. + Article 72 If they are sequestered mobile, on which they could have a claim secured with the right of legal pledge that the prosecution stands with or stayed in the rental or lease report, the portarel incunostiintates the execution of the execution on the rental or on the arendator, by registered letter, which will be posted within 24 hours, counted from the end of the execution. The container will be attached to the pulleys. It is due to the legal pledge of the rent on the mobiles that are in the rented rooms, up to the rent competition for half a year, and the tenant on the products, economic installations * 36) and cattle * 37) who are on the good leased or kept by him, until the competition of the arenzii for a year. The right of legal pledge may be made up to the competition of this rent for half a year and that up to the competition of the one-year arses, either for rates that have already been due, or for rates that will be due in the future, either in part for rates that have been due and in part for rates that will be due in the future, namely without consideration if the mobiles form the property of the tenant or the tenant. The right of legal pledge, however, does not extend to the objects that ended up in the possession of the tenant or the tenant by any way stopped by the law. -------- * 36) In Hungarian: "host asagi felszerelvenyekre". * 37) In Hungarian: "labas joszagokra". + Article 73 The cash found among the objects conscribed deca the following does not consent to be used for the total or partial acquittal of the pursuer's claim,-further the gold and silver objects and other precious things, after being cherished, in fine, the effects (art. 80), takes the portarel to itself, gives about them the receipt of the following and if the pursuer is also asked and makes without delay the report for the recording of these objects in the court warehouse. The pursuer and the following have the right to watch for the porter to make the record without delay, which if not to happen, I can announce the verbal omission or in writing to the court. + Article 74 The seized mobiles, with the exception of those shown in the previous article, shall be declared by the portarel placed under judicial seizure, without applying strictly seizure. Attention will be paid to his pursuit in his absence those who were present at the execution, on the criminal consequences in case of alienation or intentional destruction of seized objects. If the execution was carried out invreo dwelling or store, the logo of the resac will be applied on the door of the main entrance of the home or store. See art. 263, 264 and 265 of the penal code. + Article 75 At the request of the stalker, the portarel can order the strict seizure of seized mobiles. The strict seizure is usually done in that, the portarel, after listening to the proposal of the pursuer, calls a sequester curator and gives the mobiles seized in its administration. If goods of trade are seized, the porter is obliged to place them under strict seizure, by closing the shop or store, and if the entire stock is not seized, by placing and sealing the seized goods instead of closed * 38), outside only, if the present pursuer expressly asks to omit the application of the strict seizure. -------- * 38) In the Hungarian text it is said: "tartalyokba helyezese es lepeosetelese altal". I translated the word "tartaly" with "closed place", because in Romanian the word "tartaly" has no synonym. In fact "tartaly" is the generic appointment for anything in which something can be kept, such as: crates, barrels, tanks, etc. The closure or the placing under the court seal of other seized objects can only make the portarel then, if this is not prevented the home necessary for the pursued and his family and his usual occupation. + Article 76 The move of seized objects, if found necessary to ensure the pursuer, is ordered by the competent court according to art. 18, at the request of the pursuer, which either includes in the minutes of execution, or that it will be submitted later. Before ordering, the court listens to the wanted and as much as it finds necessary, it can condition the move to file a bail (art. 42 42) from the pursuer. The move is on the pursuer's liability + Article 77 In case of override, if at the request of the previous stalker did not apply strictly seizure, at the request of the posterior stalker must order strict seizure, but the previous pursuer must be heard by the portarel regarding the proposal of the sequestration curator and as long as it is not done, can be called only a temporary seizure curator. If the override requires that the move is ordered, the court is obliged to listen in any case and on the previous pursuer. + Article 78 If the following, the previous pursuer, the one who submits the action of the excinder or any other interested, records in the court deposit the valuation price of the seized objects or, if the figure would be at a lower amount, the claim pursued and her accessories, as bail (art. 42) that the seized objects will be found at the auction untouched, the application of the strict seizure must be omitted and the ordering of the move-the respective strict seizure will dissolve and the moved objects will be restored in the possession of the following. + Article 79 If he seizes the claim that the prosecution has against a third person, the debtor of the following will be informed about the execution, by ordinance, which will be handed over against proof of delivery, according to the norms of handing out introductory the court, but omitting the citation by publication. If it is found about the written document claim, the seizure will be noted and the document itself will join the execution minutes. In case of seizure of any debt secured by mortgage, the portarel directly notifies the respective funduary book authority for the intabulation of the right of subjection, sending it the extract of the minutes of execution in authentic edition. In this case the rightful effect of the seizure is counted from the moment the complaint was registered. If the seizure is applied to the reimbursements payable for goods handed over for transport to the motric force or railways, the head of the teaching station will be informed about the execution. + Article 80 Cambiale claims, commercial warrants, vouchers, loading tickets, general store deposit securities and other effects that can be transmitted through the filing (art. 294 and 295 of Law XXXVII/1875), further the amounts of money deposited on cassa vouchers or on the filing libel to financial institutions obliged to publish its balance sheet or to other companies-only if the depositor has not reserved the right to to raise them personally-such as in general those claims that can be capitalized in accordance with the laws in force or with the statutory provisions of the companies only by the holder of the document issued about the claim, as a rule can be seized only if the document is found on the occasion of the execution. Bills, effects and other documents strung above, will be recorded in the warehouse according to the provisions of art. 73, after the seizure was noted. If the documents strung above cannot be found with the occasion of execution, but from the teaching of the following or from the evidence presented by the pursuer it follows that verosimil that there is claim and it is due to the following, the seizure can be made by describing details of the claim, but its effect depends on the subsequent finding of the document necessary for the valorisation of the claim or its cancellation by legal procedure, started either to be pursued at its expense by the pursuer. Law XXXVII/1875 (Commercial Code) Article 294. -Payment orders and vouchers drawn up for making payments in cash or for the delivery of fungible things or titles without stipulating the obligation to give a counter benefit if they are to the order can also be transmitted by Bending. The filing is valid and when the pass passes on the counterpart only his name or his company. ((Indosament in white). Art. 295. -In the same way, shipping bills, cartels, then maritime loan titles and insurance policies can also be transmitted, if they have been issued to the order. (The translation of these two articles is taken from the Commercial Code of Transylvania annotated by Ioan I. Predovici and Paul Ney). + Article 81 If a claim is seized, resulting from the commercial registers, the extract from the register will be attached to the execution minutes, and the commercial register will be made mention of execution, at the seized claim. If all the claims contained in a commercial register are seized, it is sufficient if the claims are recorded making reference to the commercial register and showing exactly the names of the debtors and the amounts of the claims, and in the commercial register will be note on the first tab the seizure of all the claims contained in that register, with reference to the names of the parties and to the conclusion of the For the making of extracts and respective for the calculation of the amount of receivables, the portarel can use in case of an expert need, the remuneration of which will be counted at the execution expenses. + Article 82 The debtor of the following, after being aware of the seizure of the chalk, can no longer pay his debt but is obliged, as soon as he became due before the new court disposition, to record it at the competent court for carrying out the execution or at the judge of the place of payment, which knows the court mentioned before. The expenses considered for this, which will be determined by the court, will be returned to the debtor from the amount recorded. The debtor, who pays the claim seized by his pursuits to anyone other, without judicial disposition, in addition to any criminal consequences, remains obliged and materialises, as if the payment had not been made. + Article 83 If a claim is seized, which can be raised from a public cashier or if amounts or objects recorded in the court deposit are seized, the order by which the seizure is brought to the attention shall be communicated to that person. cashiers and that authority superior to the cashier, which has the right to order. The rightful effects of the seizure begin to follow from the seizure, and for the cashier from the time it was frowned upon. The cashier takes note of the seizure and can no longer make the payment to the wanted, that can no longer release the court deposit, so long, while it is not aware of the seizure of the seizure from the competent judge for carrying out Execution. Art. 83. -It is completed by art. 18 18 of Law XII/1908, as follows: Article 18. -Art. 83 and 84 of the Law LX/1881 are completed with that, in that case when the liquidation is not done by the accounting of the cashier, but therefore by the authority with the right of ordering, about the seizure must be The cashier, her superior authority and the accounting of this and the rightful effects of the seizure begin for the cashier from the moment when the accounting was known. With regard to the attachment in the hands of Cassei de Depuneri and Consemnations, the Decree-Law for the organization of the Cassei of Depuners and Consemnations, published in the Official Gazette No. 253 of 1 Noemvrie 1939, contains the following provisions: Article 75. -The attachment, the disposals and any other notices tending to prevent a refund or modify the existing rights to the deposit, which will not be made according to the following provisions, are void, and the judges are held to pronounce from office nullity in any way and degree of court. Article 76. -The posts in the hands of the Cassei of Depuners and Consemnations will not be able to be established on the depositors, when in the application for submission there is made the mention provided by art. 10, para. c. Such stops will be able to be established and valid in the hands of the authority or court that has its container in conservation. Article 77. -If the authority or the court which has its container in conservation has regularly disposed of it in favour of the depositor, or of the one on whose account the deposition has been made, the attachment will be able to be set up in the hands of Cassei. Article 78. -If, although there is the mention provided by art. 10, paragraph c, the container was not entrusted to the one shown, according to that text the attachment will be able to establish valid in the hands of Cassei, according to the regulations shown below. From the day following the receipt of the citation and questioning provided in art. 79 the indicated, according to art. 10 para. c, will no longer receive the preservation container, and if the depositor refuses to receive it back, he will submit it to the court that ordered the attachment. Article 79. -Proof of fulfilment of the conditions required by art. 77 and 78 para. 1 can only be done by questioning the one indicated by art. 10 10 para. c Article 80. -On the deposits that were made without the mention of art. 10 paragraph c. as well as on those who were made with this mention but enter within the provisions of art. 77 and 78, para. 1, you can set up the attachment in the hands of the Cassei of Depuners and Consemnations. Article 81. -The filings on the deposits made at the central cashier of the Cassei de Depuneri and Consemnations will be established at the main headquarters of Cassei in Bucharest. The filings on the deposits made to the receipts and payments administrations will be established both at the main office of Cassei in the hands of her legal representative and at the administration of receipts and payments where the amount was deposited and which issued the container. Article 82. -The minutes of attachment must contain the following indications: the number, date and value of the reef issued for the warehouse that stops, the cashier where the deposit was made, the name of the poprit depositor and the summary showing of the deposit. Art. 83. -Copy of the request for validation of the attachment, which must contain the particulars provided for in the previous article, must be notified to the one on which the deposit was made, whether the debtor may be the depositor, or the poprit debtor is the one on whose account the filing was made, with the invitation to enter the appeal, if he has any opposition to do. Article 84. -The notification provided for in the previous article will be addressed both at the domicile shown in the submission declaration and at the homes that have been notified to Cassei according to art. 17 Her communication will be made according to art. 51 the last paragraph of the present law. Article 85. -If the one to whom the notification is addressed has not appealed, the poprit debtor is considered to be Cassei's only creditor. Article 86. -At the time of validation, Cassa does not have the obligation to appear in court, but only to declare in writing, until that deadline, the existence of the deposit and the existing poprying circumstances, as well as any other statements. had to do. The court has the obligation to consider the written statements made by Cassa. Article 87. -Based on the final and vested validation sentence, the Cassa de Depuneri and Consemnations will make the payment at the request of the popritor creditor, without asking for the container, which becomes void by the effect of the definitive validation. Article 88 The stops in the hands of Cassei de Depuneri and Consemnations can only be established and valid only through the Bucharest City Court and the Ilfov Court, the notary section. If there are several stops established on the same containers of both these courts, the distribution of the amounts will be made at the Ilfov court, the notary section. The Ilfov Court, the notary section, is alone competent to judge the appeals against the court books handed down on the validation, as well as the appeals in appeals or against the distribution. Any other courts before the promulgation of the present law will automatically decline their jurisdiction in favour of the courts shown in paragraph 1 of the present article. State and institutions provided for in art. 54 of the law for the unification of the tax procedure will make attachment in compliance with the forms indicated by that law. Art. 10, 17 and 51 of the Legislative Decree for the organization of the Cassei de Depuneri and Consemnations, to which reference is made in the articles cited above have the following text: Article 10. -Any deposit shall be made on the basis of a timbrated, written and written request by the depositor, containing the following indications: a) Name, surname and domicile of the depositor; ... b) The name, surname and domicile of the one on which the deposit is made ... c) The institution, the court or the person who will preserve the container that will be issued for the submission made, as well as their headquarters or domicile; ... d) The amount to be deposited or the detailed description of the effects, acts, jewelry or objects deposited and their value. ... The effects will be received on their face value. The documents, jewelry, or objects submitted will be evaluated, the evaluation can be less than 10,000 lei. If the depositor does not know the indications referred to in point b, he shall make mention of it in the application for submission. Article 17. -The depositor has the obligation, under his responsibility, to notify to Cassei's direction, immediately, any change of his domicile, as well as of any persons provided in art. 10, paragraph a, b and c, and which would be known to him in any way. The same bond has the person on whose account the filing was made as soon as he knew this existence, in legal form. The notification is necessary to Cassei, exclusively for the fulfilment of the forms provided by 51 of the present law, regarding the loss of the reef and the attachment; it does not involve from the one who makes it neither the acceptance of the deposit, nor the affirmation or denial of the rights that it possibly has on the deposit. Article 51. -If the particulars in the application correspond to those of the declaration of submission provided for in art. 10, it will be notified by portarel to a copy certified by Cassa, from the request, to all those who appear in the declaration of submission, both at the home shown in the declaration and at the homes that have been notified to it, according to art. 17 of the present law. The carrier or agent in charge of carrying out this notification shall communicate it in accordance with the provisions of the civil procedure, and in case it is declared or ascertains that the person on receipt of which notifications is to be made does not live at the address shown, or is deceased, he is obliged to display at the address the notification, making due the mention in the minutes to you. + Article 84 If the pursuer specifies in the order of execution, that he or she will carry out the execution only on claims determined in the application, which may arise from a public cashier, or on amounts recorded in the court deposit, shall be omitted. the delegation of the portarel and it is known about the seizure of the cashier and its superior authority by an order in this regard, which will be included in the conclusion of the order of execution. Article 84. -It is completed by art. 18 18 of Law XII/1903, as follows: Article 18. -Art. 83 and 84 of the Law LX/1881 are completed with that, in that case when the liquidation is not done by the accounting of the cashier, but therefore by the authority with the right of ordering, about the seizure must be The cashier, her superior authority and the accounting of this and the rightful effects of the seizure begin for the cashier from the moment when the accounting was known. See regarding the stops in the hands of Cassei de Depuneri and Consemnations art. 75-88 of the Decree-Law for the organization of Cassei de Depuneri and Consemnations, cited after the previous article. + Article 85 In order to carry out several executions ordered at once against the same pursued, only one porter must be delegated, and in order to carry out the executions ordered later, the portarel, which carried out the execution, will be delegated. Previously unfinished. + Article 86 If the same porter is called from several followers to carry out various executions against the same party then, when the seizure has not yet begun, the conscription will be done in the favor of all the followers together and at once. That portarel, which was commissioned to carry out an ex officio execution, if it carries out against the same debtor another orderly execution, is obliged to carry out together and at once and the execution ex officio, even if the pursuer in the favor of which He ordered the execution to be carried out ex officio, he did not pay according to art. 20 any necessary expenses. From the purchase price of some mobile thus seized, the followers who seize at once, receive indestulation in proportion to their claims. + Article 87 If a new pursuer is presented at the portarel after the seizure has begun or if during the execution the port is commissioned to carry out an ex officio execution against the same debtor, on the already conscribed goods has priority the previous pursuer to the posterior stalker, but the unequestrated mobiles will still be recorded together and at once in the favor of all the followers, with the effects of law shown in the previous article. + Article 88 Provisions of art. 86 and 87 will apply accordingly and then, if they meet at the same debtor more the porter. In this case, the conscription is done in the same minutes for all the following, namely, if no other agreement has intervened, it makes that portarel that has already begun seizing, and if the seizure has not yet begun by any, the one whose The delegation is older. + Article 89 The portarel emits immediately after the completion of the sequestration procedure a summons in which, showing the name of the stalker and the following, their domicile, the amount of the claim, the place of execution, the general description of the seized mobiles and their assessment price, of like the domicile of the portarel, invites all those who understand to claim ownership of the seized objects, to submit their action of excination to the competent court according to art. 18, within 15 days from the date of somatiunei. In the cases art. 86, 87 and 88 will be issued a single summons with the names of all followers. The portarel hands against proof of delivery or sends by post with registered letter a copy of the somatiune within 3 days, counted from the end of the execution of the communal town hall of the execution place to be displayed or published after the custom of the place, and a copy displays it at the court Those, who were presented in the course of the execution procedure as entitled (claimants) or whose rights were also then announced, are handed the proof of delivery of a copy of the summons within 3 days or received. send by mail with registered letter. If the claim's home is unknown, the notice will be omitted. If the claim shown in art. 54-59 and 80, further cash, or if it is sequestered for the claim of the mobile tenant or tenant on which the pursuer has the right of pledge according to art. 72, regarding them there is no joint order for the claim of rights and no action of excinders with suspensive effect (art. 93), but can continue to be the execution steps after 8 days have passed from the execution. + Article 90 If they are seized mobile that is said to form the property of a person without right of self-representation and if the execution is carried out against the legal representative of this person without right of self-representation, or if they do not certainly knows the existence of the legal representative of the person without the right of self-representation or his person or the place where he is located, the porter is obliged to send a copy of the summons to the respective guardianship authority. + Article 91 The portarel is obliged to submit to the court-trained minutes, within 3 days counted from the end of the procedure. The Court, after determining the expenses in accordance with art. 27, refund the porcelain's scripts for the continuation of the procedure. The portarel is obliged to submit at once with the minutes and a copy of the somatium for the claim of rights, which is held at the court to be attached to the eventual process of excination that would be submitted. See art. 44 of the regulation for the asrvice of porters. + Article 92 The action of excination will only be directed against the pursuer, and if there are more followers against all and will come to the competent court for carrying out the execution in so many copies, that, holding a copy to Judge, to remain one copy for each defendant. At the copy of the court, the minutes of execution or its extract are joined, in certified copy. The complainant who excinde * 39) and the following will be notified under the heading. The latter can go into the process to defend the rights of the stalker. In case of art. 14, if the execution is not carried out on mobile that is in succession or that have passed from the deceased on the heir, but is carried out on other mobile that forms the property of the heir, for the removal from seizure of these mobile, the heir can do the action of excinders. Art. 92 is completed by art. 45 45 of Law LIV/1912, as follows: Article 45. -Article 92 of the Law LX/1881 is completed with that, regarding the actions of excinders will be otherwise applicable to art. 134 and 135 pr.civ. Law/1911 (Civil Procedure): Art. 134. -The action must be submitted to the court of the trial in writing, in Romanian, in two copies and with a column, and if there are several defendants, in so many copies to reach each defendant one copy. If the plaintiff wanted to try to hand the action to the defendant in several places at once, he can present even more copies of action, on his words the attachment. To the action must be attached further, so many copies of citation terminations, drawn up with the text prescribed by art. 142, how many copies are to be handed out. If several interested parties have a common representative or if the delivery can be made valid and in the hand of one of several representatives of any interested, the action will be submitted for them, only in a single copy. If the applicant is represented by the lawyer, each copy of the action must be countersigned by the lawyer. In the absence of representation by lawyer the party or his trustee must draw up the action according to art. 100 100 paragraph two. If the party does not submit the action copies of the required column or annexes, the court Registry, ex officio, shall draw up copies of the act, on the words of the party and legalize them. If the party does not enclose the copies of the citation, they shall be made public. ------ * 39) Reclaim. Article 135. -In the proceedings of the detour courts the action can also be submitted to the minutes, before the court of the trial. If the action is presented orally, the court is obliged to give the party the necessary instructions, considering the shortcomings of the exposure, but it cannot refuse to train the minutes, if the party asks even after it has been warned. Copies of the minutes, necessary for the delivery and the necessary annexes (art. 133), will draw them up and legalize the court's graft, ex officio. At the action of excination has as only the owner of the seized mobiles. The Gajist lender does not have this right. In connection with this matter the High Court of Cassation ruled: "The tribunal considered the intimates, as having a lien on the seized assets." "" Through art. 89 of the executive law is provided among other things that the porter must summon all those who would have to claim any ownership of the seized mobiles and submit within 15 days from the date of the summons, to the Court of completeness, according to art. 18 the action of excindere-contestation ". "" According to art. 459 and 461 c.c.a., the debtor remains and further the owner of the pledged wealth the pledged creditor was not entitled to use the good pledged, he was obliged to keep it and return it to the maturity of the debt, in case of its payment. " " The Gajist thus not having a right of ownership, but only of retentiune and preference, in accordance with art. 89 of the executive law, did not have the right to action of excinder-appeal, so the Tribunal only by raping above the mentioned texts of law upheld the appeal of the objector, to have removed from the seizure the goods pursued and which formed property of the craftsmen's cooperative in Cluj ". "Thus being, the reason being founded, the appeal of how much is admitted, and that in substance the action of excination-appeal-of the intimate will be rejected." (Cas. S. II. Dec. civ. No. 591 of 29 Noemvrie 1930, published in Severe Andru: Jurisprudence Summarized vol. I, Bucharest 1933 pag. 418 418). In the context of an action of excinders, the stalking may challenge-by way of exception-the effectiveness of the legal act from the basis of the action of excinders when this act is done in order to damage the creditors and evade the basis of indestulation. See in connection with this matter public jurisprudence in Stefan Laday: Austrian Civil Code, vol. III, pag. 209-220. When the pursuit is done through the organs of the Ministry of Finance, for claims entering the provisions of the Decree-law for the tax procedure code, those who have to claim any property right, cannot submit an action of excination according to the norms of the law on the execution procedure, but will have to appeal to the prosecution, in accordance with art. 273 273 and the next of that code. To the prosecutions ordered on the basis of the law for the establishment and organization of labor jurisdiction (published in the Official Gazette No. 38 of 15 February 1933), it is applicable to art. 69 69 of this law: Article 69. -The appeals to the execution will be addressed to the president who invested the decision that is executed and will be judged by it according to the norms of the civil procedure. The decisions given in these appeals are final. They may be appealed under the conditions laid down in art. 11 and 61 of this law. If the appeal is admitted, the president will set a new deadline, when the judgment will be made according to the norms of the present law. + Article 93 The action of excinders, if submitted within 15 days counted from the summons, has, in respect of the objects claimed, suspensive effect on the continuation of the execution. On the basis of an action of excination, which has been submitted after that period or, in the event of a refund for completion, on the basis of an action which has been submitted after that period with the deficiencies completed, the execution may be suspended only in the case, if the plaintiff makes his right to act and also records at the court, for the case that he loses the action of excination, as bail (art. 42), the stalker's claim and the accessories, or the valuation price of the claimed objects, if it is smaller. Against the conclusion by which the request for suspension is rejected, no appeal can be made (recourse). The portarel deludes itself about the suspension of the execution that was admitted following the action of excination, by official section. + Article 94 The action of excinders is judged by summary and resolves by sentence. Several actions of excinders, submitted against the same pursuer on the basis of the same execution or following the seizure several times of the same objects, are judged and solved at once. Those, who carried out until the day of the overriding debauchery on the claimed objects or seized them again will also be quoted at the disposal by conclusion, but they can present themselves at the debauchery and without subpoena and formulate their defense. The pursuers may be cited in the dissension of the action of excinders and their representatives who have intervened in the execution. See art. 55 of Law LIV/1912, quoted after art. 13. + Article 95 In the processes of excinders which have suspensory effect on the continuation of the execution, will be heard, from the witnesses proposed by the applicant, only the witnesses who live in the district of the court, or on which the evidentiary side will bring to the debauchery, or to a new term, which will be fixed for this purpose in at least 8 and in no more than 15 days. + Article 96 In case it proves the right, the claimed wealth is removed from the seizure. The rights established by the sentences given in the processes of excination without suspensive effect, if the tender was held and the price has not yet been divided, have an effect only on the purchase price. The sentence given in the process of excination does not have the effect of law on the ratio of law between the one claiming * 40) and pursued, but they can exercise their rights, against each other, on the way of common law. + Article 97 Paragraph intaiu al art. 97 is amended by art. 46 46 of Law LIV/1912, as follows: Article 46. -The first paragraph of art. 97 of Law LX/1881 is replaced by the following provisions: In the process of excination, the applicant cannot make justification, and in the case of omission of the term of constitution of the process, he cannot ask for a repetition of the citation ( 430 pr. civ.). Opposition and renewal process (review) does not take place. It follows paragraph two of art. 97 97: After it was given a sentence, even unidicated at the value of law, on an action of excination without suspensive effect, it can no longer be held tender on the mobiles removed from the seizure, or in the case that the tender was held, the purchase price still Existing, cannot be divided. For this purpose, a copy of the sentence shall be communicated without delay. -------- * * 40) Claimant. + Article 98 If, from the circumstances existing at the time of the seizure, the stalker was able to be of good faith that the seized objects are the property of the following, the expenses of judgment are compensated, even if the action of excinders would be admitted. + Article 99 Those who submit an action of excination with suspensive effect on the continuation of the execution, if the claim has evidently proved unfounded, it is condemned, besides their obligation to the expenses of judgment, and to a fine up to 10,000 lei * 41). ---------- * 41) In the Hungarian text it was 500 floreans, equal 1,000 crowns, the amount that increased to its tenfold, based on the law on increasing the figure of the fines and the way of their collection, published in the Official Gazette No. 279 of 25 March 1923. + Article 100 Provisions of art. 92-99 will also apply accordingly to the processes of excinders, which shall be submitted for mobile seized with the occasion of executions carried out in cases of giving and administrative, or with the occasion of other executions, which shall not be carried out according to the provisions of this law. These processes of excinders shall be started before that judge, in the constituency of which the execution was carried out. Provisions of art. 100 are modified by art. 273-286 of the decree-law for the tax procedure code, published in the Official Gazette No. 78 of April 1, 1942. When the prosecution is done through the organs of the Ministry of Finance, for claims entering into the provisions of this decree-law that have to claim any property right, they cannot submit an action of excination according to the norms of the law on the procedure of execution, but will have to challenge the prosecution, according to art. 273-286 from the top-shown decree-law. To the prosecutions ordered on the basis of the law for the establishment and organization of labor jurisdiction (published in the Official Gazette No. 38 of 15 February 1933), it is applicable to art. 69 69 of this law. Article 69. -The appeals to the execution will be addressed to the president who has invested the decision that is executed and will be tried by him according to the norms of the civil procedure. The decisions given in these appeals are final. They may be appealed under the conditions laid down in art. 11 and 61 of this law. If the appeal is admitted, the president will set a new deadline when the trial will be made according to the norms of the present law. + Article 101 After the deadline for submitting the excinders action with suspensive effect on the continuation of the execution expires, if no action of excination has been submitted, the steps will be taken to continue the execution in respect of all seized mobiles, and if Concerning some of them, there was an action of excination, on mobiles that do not form the object of the action of excination. + Article 102 The seized mobiles are usually sold by court auction. The portarel fixes the auction deadline, in the cases of executions that are carried out ex officio, without persistence, and otherwise, upon the verbal or written persistence of the pursuer or the following and issue about this publication. The publication will show: the name of the stalker and the following * 42), the conclusion of the execution of the execution and the delegation, the place, the day and the time of the auction, the general showing of the objects that follow to be auctioned and the evaluation price. Items with a higher value and those of exceptional quality must be shown in separate publishing. The publication is displayed at the court, it is sent for the usual publication and display of that communal town hall where the auction is to be held, it is sent to the stalker, the stalker and if there are several followers of each of them, and in Art. 72 and the renter. If the valuation price of the mobiles to be auctioned passes 6,000 lei * 43), the auction publication will be inserted in a local gazette-in the absence of it in the gazette that appears in the nearest place-and if the valuation price passes 40,000 lei * 44), in the official gazette. In Budapest the auction is published in the official gazette and then, when the valuation price is higher than 6000 lei but under 40,000 lei. Without consideration to the valuation price of the mobiles to be auctioned, each interested party is entitled to insert at its own expense the auction publication, even several times, in the gazettes that it will choose. To that end, the porter is obliged to issue a copy of the auction to the party concerned. Late or wrong insertion of such publication, it has no inrauration on the effect of the auction. Art. 102 is amended by art. 19 19 of Law XII/1908, as follows: Article 19. -Paragraph three of art. 102 of Law XL/1881 is amended in the sense that, in the tender published, it is not allowed to show the name of the following. Paragraph four of the same article is amended in the sense that, if there are more followers, the auction publication will be communicated only to those of them, in the favor of which the auction is ordered according to art. 20 20 * 45). In all cases (art. 102, 152, 176, 185 and 187 of the Law LX/1881 when the auction publication must be inserted, in the province, in a local gazette or in one that appears in the nearest place, the court is obliged to choose for these publications only a gazette in Romanian language * 46). The value limits of the execution law were increased to their tenfold, by order of 31 Octomvrie 1919 of the Dirigent Council, published in the Official Gazette No. 79 of 10 January 1920. When the order of the Dirigent Council was given, the crowns were not yet removed from circulation and for this reason, the Dirigent Council increased the limits of value simply to their tenfold. Subsequently, after the crowns were removed from circulation, the practice admitted to calculate the value limits in the execution law, counting for each crown a lion. We showed in the text of the translation the limits of increased value, in lei, but at the same time we showed in the notes and the limits of value in the Hungarian text, in crowns or floreans. See in relation to the value limits and the notes from art. 27 27 and 54. ---------- * * 42) See para. 1 1 of art. 19 of Law XII/1908 quoted below. * 43) In the Hungarian text 300 floreans. * 44) In the Hungarian text 2,000 floreans. * 45) Article 20 of Law XII/1908 is quoted in art. 120. * 46) In the text the Hungarian language is said. + Article 103 The auction deadline, if the evaluation price does not exceed the amount of 40,000 lei * 47), cannot be shorter than 8 days and longer than 15 days, otherwise, it cannot be shorter than 15 days and longer than 30 days. This term is counted from the day following the day when the publication was displayed at the court. See in respect of the limit of value note from the previous article. ---------- * 47) In the Hungarian text 2,000 floreans. + Article 104 If, by keeping, the seized objects are exposed to a great depreciation, or if the preservation can be done only with expenses that do not stand in proportion to their value, the competent court for carrying out the execution, at the request of any party interested, may order the auction to be held before the expiry of the deadline for submitting the action of excinders with suspensive effect, or if such action has already been submitted, before its resolution. The Court decides on the application, after listening to the interested parties and the known claimants, and if the citation for a short term of these interested intimates hardships, after listening to the curator named on them and in case of need, after listening and experts. Against the conclusion by which the auction is ordered, no appeal can be made (recourse), but if the convicted party or the claims record the price of valuation in cash or in good effects for bail (art. 42 42), or if the parties are understood in another insurance, the seized items shall be released from the seizure with the omission of the young auction. If the auction is ordered, the auction deadline sets the judge, for a time that cannot pass 8 days. Publications through gazettes-without consideration at the valuation price of the mobiles to be auctioned-can only be done by those interested, at their expense. The amount collected at the auction shall be recorded in the court deposit until the expiry of the deadline for submitting the action of excinders with suspensive effect, or if such action has already been submitted, until its resolution with the right value. + Article 105 In cases of executions carried out ex officio (art. 20), the portarel also holds the auction ex officio, and otherwise only then, if it presents itself at the auction deadline either the pursuer, whether the following, personally or through the representative, or if it announces that, although it does not want to be represented at auction, however, call for tender. Before the auction, the portarel, following the disposition of the head of the court or his aid, takes to himself the stored objects and presenting himself on the spot on the day and time fixed for the auction, reckons the amount of indestulation and the accessories, which, if it were not paid to follow, immediately begins the auction. + Article 106 The following has the right to indicate the order in which to hold the auction, and may even auction other mobile instead of the written ones, but if the claim and accessories are not collected, the auction continues on the objects Written. If the convict does not want to wear out this right of his own, the auction is done in the order of the conscription, in positions. The competent court for carrying out the execution, at the request of any of the interested parties and in case of need after hearing and the other interested, may order to auction at once the collections, and taking into account the circumstances, and the objects of the same kind or gender, even if they were sequestered under different positions. Against the conclusion that has been given in this regard, no appeal can be made (recourse). + Article 107 Each object is called out with the assessment price and if the valuation price is not offered, the call price is gradually reduced. The auction is continued until offers are made and if no further offer is made, the auctioned item, after it was called three times the price offered, it is declared bought from the one who offered more, even then if from other No bids were made. + Article 108 At the auction must be paid immediately the purchase price of each object, in cash and after the payment has been made, the auctioned object is surrendered in the buyer's possession. If that, which offered more than not immediately pay the purchase price, the object is immediately auctioned again. The competitor who has not made the payment, does not have the right to the eventual price difference made in addition, instead is obliged to complete the eventual amount less and can no longer participate in the auction further. If they are not known previous sequesters or if they are not creditors with the right of pledge and if they have not made any statements of privilege nor ordered the preservation in the court deposit of the amount collected from the auction, the pursuer has the right to buy at auction without payment in cash, until the competition of its claim and accessories or to allow others to buy on credit. In both cases, the purchase price is counted (computa) in the claim. If there are more followers this right can only be exercised then, if in this regard an agreement of mutual agreement has intervened. In the case of a forced execution, carried out on the basis of a decision given on a cambiale action in regression for insurance * 48), the pursuer cannot wear out this right. ---------- * 48) In the Hungarian text it is said: [...]. + Article 109 As the exceptional quality of the furnishings to be auctioned or the given circumstances claim to establish special tendering conditions, at the request of any interested party,-which will be submitted until the publication of the publication auction and to which the certified copy of the execution minutes will be joined,-the competent court for carrying out the execution, possibly after hearing the other interested, establishes the tender conditions and endorses it without deferral of porcelain and stakeholders. Against the conclusion of what was given in this regard, whether it was admitted or rejected the application, no appeal can be made (recourse). If in the special conditions the payment in instalments is fixed, at the request of any interested party, it must be included in the tendering conditions and that a corresponding vadium will be submitted and that the auctioned items will be handed over to the buyer only after full payment of the price. In the auction publication must be included where one can see the special tendering conditions established and the tender will be held on the basis of these conditions. The Court has the right to include in its publication the essence of the special conditions it has established and if it is presented as necessary, it can fix instead of the set auction deadline, another tender term. If special tender conditions have been established, those who wish to bid are obliged to sign these special conditions before being admitted to the auction. + Article 110 The auction shall be based on the minutes in which: the name of the parties, the number of the execution minutes underlying the auction, the claim and the accessories, the showing of the auctioned objects in current order and besides the signing of the positions from the minutes of execution, the name of the buyer and the selling price. Those who have made statements of privilege (art. 111) will be shown precisely in the minutes of the auction. The minutes of the auction shall be signed by the following and by the parties present or by their representatives (Art. 26 26). The furniture sold in the auction, outside only if no other condition has been established in accordance with art. 109, immediately pass into the buyer's property, and the cancellation of the auction has no effect on the property right acquired by the buyer. The fact that the tender was held will be noted on the execution minutes and this note will be signed by the portarel. In accordance with art. 233 of the regulation for the service of porters, the tender is held according to the norms of the law on the execution procedure Thus, the provisions of art. 51 of the regulation for the service of porters does not apply in Transylvania. + Article 111 All those, who claim to have the right from the price of mobiles auctioned to an indestulation before the claim of the pursuer, enter how much of the execution scripts do not result that an execution would have been carried out previously in their favor, they are obliged to declare their privileges to the porter, until the beginning of the auction, in writing, in a copy, or verbally. About the verbal statement, the portarel must take the minutes. More such verbal statements can be included in a single minutes. The laws, in which the most frequent privileges are included, are: Decree-law for the tax procedure code, published in the Official Gazette No. 78 of April 1, 1942: Article 317. -The claims of the State, counties, communes and all public authorities and institutions, arising from taxes, increases, taxes, other special contributions and fines, have the privilege over the entire mobile and immovable property of the debtor, after the provisions below. In terms of buildings, the privilege is limited only to taxes and increases due over the last five years, under the express condition that taxes and fees bear on the property pursued, without the need for it to meet formality of inscription. The years count on financial years. For all other taxes, fees and fines, as well as any other claims with accessories, the privilege has the rank of the inscription, and in the case that it was not taken inscription, the privilege passes before any chirographic creditor. In terms of furniture, privilege passes in all cases, before any privileged creditor, in compliance with special privileges. In case of competition between the authorities, the order of preference is: State, authority and public institutions of State, county, commune and public, county and public authorities and institutions. Decree-law for the organization of the Romanian Corps of Lawyers, published in the Official Gazette No. 205 sin 5 Septemvrie 1940: Art. 157 para. Last: The payment of the fee is ensured, in respect of mobile things, preserved or entered into the customer's patrimony through the services provided by the lawyer, with the legal privilege over these things, and for the buildings, through a legal mortgage, which will rank from the day of the inscription, without prejudice to the rights of preference of the Law on employment contracts, published in the Official Gazette No. 74 of April 5, 1929: In art. 71 of the law on labor contracts slipped a typo. The exact text is: Law on employment contracts, published in the Official Gazette No. 74 of April 5, 1929: Article 71. -The claim of the employee against the owner, whether employed with the day, week, month or year, with work or by piece, for the non-payment of salary and the benefit part, is fully guaranteed, with a general privilege in the rank immediately before any Chirograph receivables. + Article 112 Renters and tenants are obliged to announce, until the start of the tender, the amount of the claim for which they claim legal pledge even then, if the right of legal pledge, based on the rental or lease report, is shown in the minutes of execution, without however specifying there the amount of the claim. + Article 113 If the declaration of privilege has not been submitted and after the execution scripts are not previously known, the auction will continue until then, until the claim of the stalker and the accessories are covered, until all Sequestered furniture. In this case, the claim of the stalker together with the accessories shall be paid off immediately, against the receipt, from the purchase price collected; the original document relating to the claim, if it was entirely cancelled by payment made, shall be take from the pursuer and surrender to the following, and otherwise it is noted from the following on the original payment document and after this happened, the document is returned to the pursuer, against proof. If the stalker cannot present the original document, the portarel submits to the court the amount that the claim makes. After the stalker's claim was indestulated, the portarel teaches the following possible cash that is left, against the receipt, releases from the court seizure the seized and unsolicited objects and makes within 3 days report about the procedure-also presenting the letters-to the judge who delegated it, and this, if the execution was carried out on the basis of a rogatory commission, sends the scripts of the court that trained the rogatory commission. The court that ordered the execution incunostipiates the parties about the arrival of the scripts, by concluding, with the addition that, they can see at the court and children can be removed from them. In the case of an execution, carried out on the basis of a decision given on a cambiale share in regression for insurance, the amount collected shall not be released to the pursuer, but shall be submitted without delay with a separate report, in order to be recorded in the warehouse Court. + Article 114 If the statement of privilege has been submitted or if the execution letters result that it is previously known, the auction shall continue until then, until it covers all the claims and accessories, or until all the furniture is liquidated. impounded. In this case, if in terms of sharing the purchase price all the interested have reached an agreement of common agreement, the agreement that will be included in the auction minutes itself, the distribution of the purchase price is made by the portarel immediately, in compliance with this agreement; otherwise, all the letters and possible statements of privileges submitted will be submitted within 3 days to the competent court for carrying out the execution, and the purchase price and possible items of unsolicited value (Art. 73) will be submitted without delay with a separate report, to be recorded in the court deposit. See also art. 51 51-63 and 223 of the regulation for the service of porters. + Article 115 The auction will be held according to art. 102 and the following even then, when ordered on the basis of art. 106 of Law XXVII/1876 on the manual pledge held by the cambial creditor or on the basis of art. 305 and 306 of Law XXXVII/1875 on the manual pledge given for the insurance of a claim deriving from a commercial act. In these cases there is no joint order for the claim of rights nor the procedure for privileges. After ordering the tender and assessing the manual pledge, the porter is obliged to issue the auction publication and carry out the tender. The insured claim will be indestulated by the portarel, and the eventual difference in addition together with the original cambia paid, is returned to the debtor, possibly the mass of bankruptcy, or in the case of a hindrance, is submitted to the court (art. 113 113). Against the judicial terminations given during this procedure, appeal (recourse) can be appealed, and against the procedure and terminations of the opposition port, but they have suspensive effect only on the distribution of the money collected in auction. Law XXVII/1876 is repealed by the law on cambia and ticket to order, published in the Official Gazette No. 100 of May 1, 1934. Law XXXVII/1875 (Commercial Code): Article 305. -If the pledge was given, on the basis of a written contract, to guarantee a claim, which derives from a commercial act and if the debtor does not satisfy his obligations in time, the creditor is in the right to compensate from the objects given to him in the pledge, without be obliged to bring forward action against the debtor. For this purpose the creditor presenting the necessary documents will make application to the tribunal of his domicile, which without hearing the debtor and on the rizik-the danger-and the creditor's expense orders the sale of objects put into the pledge or part of These. The creditor is obliged as far as possible to notify immediately to the debtor both the ordered sale and its performance and to hand over to the debtor the amount that comes after the sale. If the creditor does not make the notification, he is indebted Article 306. -If the pledge is given to guarantee a bond deriving from acts of trade and if the parties have stipulated in writing, that the creditor, to be able to compensate from the given pledge, without the intervention of the Justice, the creditor is in law, in case if the debtor does not satisfy its obligations in time, to put into public sale the given pledge, in such a case it is free, if the objects given in the pledge have been quoted on the market or on the stock exchange, to sell them through authorized and private persons, on the quoted price. The sale made is obliged as far as possible and under the consequences of the damages liability, to notify this immediately to the debtor and to hand over the prisus from the price of the sale. (The translation of these two articles is taken from the Commercial Code of Transylvania, annotated by Ioan I. Predovici and Paul Ney). + Article 116 If the purchase price collected at the auction is unstuffing for the payment of the applicant's claim and accessories, the stalker can claim that the porter will continue the execution and enter as much as he addresses such a request directly to the porter until the auction scripts are submitted, the portarel is obliged to carry out the continuative execution on the mobiles of the following that are in the constituency of the same judges, without a new delegation. Except this case, the continuative execution is ordered, until the letters have been returned in accordance with art. 113 to the court that ordered the execution, by the judge roped for the execution, and after the roready court returned the scripted, by the court that ordered the basic execution. + Article 117 Apart from the art cases. 116, the continuative execution takes place: a) If the stalker shows that, his claim is not covered by the objects taken under seizure with the occasion of the previous execution; ... b) If the action of excinder regarding the seized furnishings or part of them has been submitted, or if the privilege has been declared; ... c) If the conscription of seized objects is required to be removed, on the grounds that they cannot be followed. ... As a rule, the continuative execution is ordered by the competent court to carry out the execution. However, in the case of point a), if several judges were asked to carry out the execution, it is competent to order the continuative execution of that court, which also ordered the basic execution. In the case of point a), the judge has the right, according to the circumstances, to determine the expenses of the continuative execution in charge of the pursuit or to stop them. In all other cases, the expenses of the continuative execution support their pursuit. If the pursuer requires that the continuative execution be ordered before the previously ordered execution has been carried out, in this case, although the continuative execution may be ordered, however the expenses of the execution request cannot be determined in charge of the following. + Article 118 In case of art. 114, if in respect of the division of the purchase price did not intervene any agreement by mutual agreement, the competent court for carrying out the execution fixes a short deadline for the distribution of the price and quotes all interested parties for it. Those interested can also quote themselves at the debauchery through their representatives who intervened at the execution. If any party cannot be summoned for the reason that his domicile is not known, or if until the debauchery does not arrive proof of legal citation of a party that has not presented itself, it is called on its curator, without citation by publication, and as with the citation of the curator cannot be held by the deadline fixed, a new term shall be fixed for as soon as possible. + Article 119 The order of indestulation is established by the judge, after hearing those interested, and the conclusion given on this matter shall be pronounced against the parties immediately. The auction, publication and performance expenses will be the series before any other claim. If, on the occasion of delivery, it is not declared against the conclusion of appeal (recourse), the purchase price shall be distributed immediately, and in the case of appeal (recourse), declared on the occasion of delivery and which may be motivated in writing within 3 days, The scripts will be submitted within 8 days. The appeal has suspensive effect only in respect of the acquittal of those claims, the indestulation of which depends on the decision that will be given on the appeal (recourse) of the higher court. Those claims, which, without consideration to the decision of the higher court, bring down indestulation in any case from the purchase price, shall be paid even if the appeal (recourse) has been made immediately. In the counter to the conclusion of the second instance, if the end of the first instance has changed, there is an appeal with suspensive effect at the third instance This appeal shall be submitted within 8 days, counted from the date of communication of the conclusion of the second instance * 49). The claim of that creditor, which has acquired the right of pledge on the basis of insurance execution, although it is serialized in the order of preference of the right of pledge, if between those interested does not intervene another invocation, it is recorded in the court deposit in an amount appropriate, until resolution with the right value of the process regarding the claim. If the veracity of a claim secured with the right of legal pledge is challenged, besides recording the corresponding amount in the court deposit, the one who claims will be directed to submit action to the competent court, within a fixed period of 30 days, counted from the rise to the right value of the conclusion and if the claim is not yet due, counted from the day of maturity to be shown by conclusion. This process will start against the pursuit, remaining untouched the right of intervention in the process of those interested. The laws, in which the most frequent privileges are included, are shown after art. 111. The decree-law for the tax procedure code, published in the Official Gazette No. 78 of April 1, 1942, has: Article 324. -The courts will communicate to the ex officio any painting of the distribution of any amount of money, to the composition of which the tax was quoted. ---------- * 49) See art. 40 of Law LIV/1912, quoted in art. 34, as well as the notes in relation to this article (page. 23-25 23-25). + Article 120 Amended by art. 20 20 of Law XII/1908, as follows: Article 20. --Instead of art. 120 120 of Law LX/1881: In case more followers meet (art. 86-88 of the Law LX/1881), as well as when the same mobiles are seized and overridden, as the law does not distinguish, the tender must be ordered-even if its ordering was requested only from one of the pursuers-for the indestulation of claims of all pursuers, with basic and overriding seizure, in the favor of which the seizure was already carried out until the day of issue of the auction publication. This provision shall not apply to: 1. If the stalker or override has announced the termination of his claim; 2. If the following justified the termination of the claim with the postal or other document; 3. Unless the execution has been carried out ex officio, if the pursuer or override does not require a tender for one year, counted from the date of the seizure. In the case of point 1 and 2 the announcement may be made verbally or in writing at the court that carried out the execution or at the port. Verbal announcement must be taken at the minutes. In the case of point 1 must be known about the announcement of the following, and in the case of point 2 the stalker. If the notice shown in paragraph 2 is made after the publication of the auction, the tender must be held in the favour of the pursuer or the override to which the announcement relates only then, if it is presented at the auction and requires it to be held. The above provisions shall not reach the right of the manor of the stalker or the override of the person referred to in point 1-3. + Article 121 If effects were seized, which were quoted on the stock exchange, those, as a rule, are not auctioned, but are sold from the port with the intervention of interested parties, if it is in the stock exchange, through the intercession of a scholarship courier, and if in the locality is not a stock exchange, by means of any financial institution, or otherwise, but in any case against payment in cash. The sales bill joins the scripte. Selling more than two percent below the middle price of the day, can only be done with the consent of all those interested. If in the locality is not the scholarship and if the valorization cannot be done in the way shown above, the competent court for carrying out the execution, based on the report made by the portarel, addresses for the purpose of carrying out the commission the competent court of the nearest scholarship. If the valorization cannot be done after any of the above modes, the effects of the exchange quoted on the stock exchange are also sold by court auction. + Article 122 If a claim of the pursuit has been seized, at the wish of the pursuer, the debtor of the following is obliged to declare himself in that regard: 1. If he recognizes and to what extent does the existence of the claim recognize and if he is willing to make payment 2. If anyone formulates any right to the claim seized and what is right? 3. If the claim is still seized in another creditor's favor and if so, for what purpose? The order for the making of the declaration will be included in the ordinance bringing to the attention of the execution, or if the pursuer would request it later, the debtor will be ordered by the portarel to make the declaration, by separate conclusion. The declaration must be made within 8 days, counted from the delivery of the order or the separate conclusion, by a script signed by the debtor, or verbally at the portarel. The portarel will present the written statement or the minutes trained about the verbal declaration, for which the stalker is obliged to complete the stamps. + Article 123 If the claim seized is a claim in cash and has no claim on it as pledge no other than the pursuer, the pursuer may ask, at the competent court to carry out the execution, to transfer * 50) by execution this claim on him. If the claim seizes the following's claim and accessories, in the absence of another invocation, the transfer can only be made then, if the stalker pays the difference in cash. If there is a document about the claim, the transfer is written on the document, which is issued to the original stalker. Except for art. 80 80, the seized claim cannot be transferred to the pursuer before the deadline for submitting the action of excinders with suspensive effect expires, or if such an action of excinders has been submitted, until its resolution with the value of law. The following shall be responsible for the existence and collection of the claim transferred by way of execution. If for the insurance of the claim is intabulat in the funduary book the right of mortgage, for the inscription of the transfer in the funduary book, the funduary card authority is notified. ---------- * 50) I have used the word "transfer" in the present translation, because in the Hungarian text there is talk of [........]. + Article 124 If the seized claim cannot be transferred * 51) according to the previous article, as well as then, if the stalker does not wish to transfer the seized claim, he can ask the competent court to carry out the execution, be authorized to collect the seized claim or to appoint for this purpose a curator. If on the claim has another right of pledge or if the claim seized is higher than the claim of the stalker and its accessories, only if another invocation has intervened between the parties, for the collection will be appointed a curator; otherwise with the collection is entrusted to the pursuer. The pursuer may request that provision be made with regard to the collection of the seized claim and before the expiry of the time limit for the submission of the action of excinders with suspensive effect, or before the resolution of such action. However, if the action of excinders with suspensive effect has been submitted, until its resolution with the value of law, it cannot be ordered (art. 125 125) or distribute (art. 136) amount collected. The entrusted pursuer or the appointed curator may start the process for the collection of the claim on his behalf as a claimant, but he is obliged to endorse the following about starting the process, if his home is known, by registered letter that Send him to his home. ----------- * * 51) See ................ + Article 125 The stalker entrusted with the collection or the appointed curator is obliged, after the collection of the claim, to make a report to the competent court for carrying out the execution, and the curator is obliged to present by the report the cash collected. The Court, if apart from the pursuer does not have another right of pledge on the amount collected, orders it for the depreciation of the claim. The depreciation is noted on the possible document that would exist about the claim and for this purpose the original document must be presented. The pursuer may not have an amount collected before such an order is communicated. + Article 126 The Court fixes the deadline for the distribution of cash collected and paid by the curator and distributed the amount collected according to art. 118 118 and 119. If for the insurance of the receivable claim there was an inscription of the mortgage right in the funduary book and on it were acquired rights of subjection, the order of indestulation is established by the serial rank from the funduary book, with the application corresponding to the rules relating to the distribution of the purchase price made from the buildings and for this purpose, the entrusted curator is obliged to present besides his report and the legalized extract of the funduary book. Those expenses and fees of the entrusted curator, who have not settled against the debtor of the following, shall be established on the occasion of the distribution of the price and shall be paid from the amount collected in the first place. The distribution of the price will be made according 118 and 119 and then, when either a private or a public cashier, voeste to submit to the court the amount that was seized in them in the favor of several. In this case the money will be submitted to the court whose portarel carried out the first execution. At the request for deposit will be attached a painting signed by the depositor, drawn up about all the followers in the chronological order of the sequestration, and the original ordinances issued by the court or other authority, respetive by the porters * 52) to them. ------------ * * 52) Their delagations. See art. 19. + Article 127 If the claim collected is not cash * 53), the judge orders the use of the object of the pretentious collection and delegates for this purpose. In this case, no notice must be issued for the claim of rights, and the assessment price, which serves as an outcry price, sets him the porter, as much as he believes necessary with the intervention of one of the judicial experts employed In a stable way, without the usual procedure of appreciation. From the price collected, the indestulation is made according to the norms of art 125 125 and 126. -------- * * 53) [.......], money. + Article 128 If the seizure is unbreakable, the stalker has the right to insist that his claim is indestulated by execution directed at another of the consequences. The expenses and fees arising with the collection of the seized claim, established by the court, will be added to the accessories of the claim in the basic process. The right shown above is due to the pursuer and when he gives up the right of pledge related to the seized claim, or if he shows that, although he has seized the claim, he does not have sufficient coverage (art. 117 117 point a). In case of waiver of the right of pledge, the debtor of the following will be advised. + Article 129 If the claim seized by execution is pending by a condition, if the maturity of the claim extends for a time longer than half a year, if the claim is peddled by a consideration, if against the debtor of the following is pending the procedure of bankruptcy, or if the realization of the claim is surrounded with hardship for other reasons, the court orders the sale of the claim by court auction or orders its valorization in another way. On this request, the judge is obliged to listen to the following, and if he is not in the country or if his domicile is unknown to him, the curator who will be appointed to his account. The tender shall be held after the rules fixed for the tender. At the cash receivables it will serve as the first price of outcry the nominal value of the claim, but at the receivables that do not bring interest, it decreases from their face value a difference of interest up to the maturity of 6 percent. The price of shouting for such pretentious sets him the portarel, according to art. 127. The buyer in the auction enters into the rights of an onerous assignee; and the documents issued about the claim and the eventual manual pledge that serves as insurance, will be handed over to the buyer in the auction. If for the insurance of the claim there is an inscription of the mortgage right, the respective funduary card authority will be notified ex officio, both for the notation of the tender that was ordered and for showing the change that intervened in person Creditor. Against the purchaser in the auction he cannot make any third-party right, who has failed to submit his or her share of excinders in a timely manner. + Article 130 Rente viagere and other claims payable in installments from time to time, with indefinite duration, cannot be capitalized according to art. 129, but the indestulation is made by transferring * 54) to the rates seized according to art. 123, or by way of collection according to art. 124. ---------- * 54) See note 50 of art. 123. + Article 131 Minor royals * 55) sequester after the rules fixed for the execution of the furniture. The valuation price establishes the portarel in an amount representing the income tax or income tax. If the amount of income tax cannot be proven, the valuation price will be determined on the basis of the data and information presented by the parties, or if these rights are jointly administered, based on the data and information that will be collected from The president of the composesorate, from the cashier, from the only members of the composesorate or from the tenant of the law. However, if the exercise of a minor Regalian right is inseparable related to a building, this right can only be executed at once with the building. With the exception of these cases, in the case of a real estate execution, the pursuer can ask to be taken under execution at once with the building and the minor regalian right not yet wrecked by the building. -------- * * 55) "Minor Regalia", in Hungarian [........]. + Article 132 If a right of pursuance is seized, acquired on an estate on the basis of a legal act between the living, the pursuer will authorize himself from the competent court to carry out the execution, by conclusion, so that he can capitalize on the right impounded. Documents relating to the seized right, as far as they were found to be found, are issued to the pursuer in order to capitalize on the right The above conclusion entitles the pursuer to capitalize in the favor of the following property right or other real right, as the pursuer could have capitalized on him. For this purpose the pursuer may also start the process on his behalf as a plaintiff. The expenses and taxes established by court in this process, are added to the accessories of the claim in the basic process. The continuation of the follow-up measures on the right of ownership or other real value, shall be made according to the appropriate rules. These rules apply to the procedure and then, when the execution is made on the right of redemption of the zalog that the following would have regarding a building * 56). ----------- * 56) In Hungarian: [...]. + Article 133 If a cash claim of the following has been seized, which can be raised from a public cashier or warehouse, the competent authority for carrying out the execution, orders the stalker in cash seized, after having risen to the house. The procedure for carrying out and sending the conclusion containing this ordinance, to the authority superior to the cashier (art. 83 83). This authority is obliged to guide the cashier without delay, to make the payment at the hands of the pursuer, waiting for the eventual payment deadline. In the conclusion of the ordinance, the amount executed together with the accessories will be shown, counted until the day of the ordinance, as will be shown that, if the interest is due from the day of ordering and up to indestulation * 57) and if so, after the amount and how many percentages. If there is about the document claim, the stalker is obliged to present it to the court, in order to note on the original document, before issuing the conclusion of ordering, payment or amortization carried out by ordering. ----------- * * 57) acquittal. + Article 134 If it is intended to carry out forced execution on immovable property seized by insurance execution, it shall be ordered by the competent court according to art. 2. This court, if it is also competent for carrying out the execution, is obliged to issue the notice according to art. 89 and to delegate the portarel for carrying out the forced execution; otherwise it is obliged to address for this purpose the rogatory commission to the competent court according to art. 18. In this case, the 15-day period for submitting the action of excinders with suspensive effect, shall be counted from the day of posting of the summons to the court. Any actions of excinders, submitted before the issuance of the somatium, also have suspensory effect, but as far as the shares of the excinders do not include a contrary request, they shall be judged and settled only after the expiry of the term from the summons, at once with the other possible actions of excinders that were submitted. In fact, in terms of forced execution, the rules set out above even then, when the forced execution is done on some mobile previously seized by insurance execution. II. REAL ESTATE When the real estate execution is made for claims entering the provisions of the decree-law for the tax procedure code, published in the Official Gazette No. 78 of April 1, 1942, are applicable to art. 240-272 of this decree-law. Extracted from the tax procedure code is published at the end of this work. + Article 135 If the execution for the collection of a cash claim is to be made on a building, the application for execution will determine the property by the funduary book number and if in a funduary book several bodies of wealth are included funduara and execution is not done on all bodies of wealth, it will also show the body or bodies of wealth on which the execution is required, with reference to the topographic numers in the funduary book. At the same time it will be shown in the application for execution and the authority of funduary books for execution. If, in order to ensure the claim to be entered on the way of execution, it has been intabulat or has already pre-noted the right of mortgage, this circumstance will also be shown, with reference to the number of the conclusion by which the intabulation was ordered or Pregrading. Article 135 shall be completed by: Law on modification and repeal Law No. 230 of July 11, 1930 , for the unification of certain provisions relating to enforcement, published in the Official Gazette No. 179 of August 5, 1938: Article 1. -In the application for real estate execution, the creditor is obliged to show the value of each of the buildings that follows, the value being less than ten times the income from the tax roles for urban buildings and eight times the income from tax roles for rural buildings. The command or conclusion ordering the execution will make mention of the value shown by the creditor. Decree-law to complete art. 1 of the law promulgated with the Royal Decree No. 2,772 of 1938, published in the Official Gazette No. 179 of August 5, 1938, published in the Official Gazette No. 273 of 24 Noemvrie 1939: Unique article. It is added after paragraph I al art. 1 of the law promulgated with the Royal Decree No. 2,772 of 1938 and published in the Official Gazette No. 179 of August 5, 1938, the following paragraphs: " If the following property consists of land whose topographic number in the funduary book cannot be identified with the positions in the fiscal roles, the Town Hall of the commune where the land is located will issue a certificate showing the average housing value per jugar ". "The wanted debtor will be able to challenge these certificates, making proof that the identity of the land can only be done with tax roles." " The average housing value provided for in the City Hall certificate replaces the income in the role, mentioned in the first paragraph of this article. " If the property pursued consists in forest that does not appear in the fiscal roles, its value will be established by the certificate of the Forest District, within which the forest is located and which will take into account the age of the forest massif, the possibilities exploitation and transport, as well as distance to the nearest outlet ". + Article 136 If the execution is ordered, the court shall send a copy of the execution request accompanied by the completion of the execution order, in order to intabulate the right of mortgage, or to make the inscription of the justification Pre-written mortgage right, in order to grade the right of execution. The authority of funduary books rogata * 58), as far as there is no funduary book, is obliged to order the intabulation of the mortgage right, the inscription of the justification of the prewritten mortgage right, namely the notation of the right of execution. ---------- * * 58) Complaint. + Article 137 The intabulation of the right of executive mortgage, namely the notation of the right of execution, can be ordered when the right of property is only prewritten in the following favor, with a right effect pending the justification of the prenotarization, and if on the right of property intabulat in the favor of the following is prenoted the property right of another, with the effect of right pending the non-justification of the prenotarization. In this case, the pursuer, based on the conclusion by which the execution of the executive mortgage right or the notation of the right of execution was ordered, may take the necessary steps to justify the right of property the favor of his pursuit for the deregistration of the right of property prenoted against the pursuit, adding to the expenses that are established by court at the accessories of the basic process; and the tender can be requested after rising to the value on the basis of the decision ordering the justification or the deletion. If it was noted in the funduary book the process started by the pursuer for the collection of its intabulate or pre-noted claim, the intabulation or the pregrading of the ownership in the favor of a third person, which would be made after the notation of the process, cannot serve as a hindrance to the unconditional notation of the right of execution and execution. These provisions also apply if the right of mortgage has been filed, without prior procedural procedure, on the basis of an enforceable act (art. 11 of Law XXXIV/1871, art. 111 of Law XXXV/1874, Law XXV/1878, art. 11 of the statutes of pawnshops and art. 2 of Law XXXIX/1879), or whether it was intabulate or prewritten on the basis of a sentence of conviction, or on the basis of judicial transaction, in which cases, the intabulation or pregrading of the right of property in the favor of a third person, made after what the mortgage right has entered, it also can no longer prevent the unconditional notation of the right of execution and execution. + Article 138 If, in accordance with art. 74 of the regulation of the funduary books, conditionally intabulates the right of executive mortgage on a past building on the following by way of succession or related, but unintabulated yet or even prewritten as its property, the continuation execution measures must be suspended until the ownership of the following is filed. For this purpose, the pursuer is entitled to take the necessary steps, on the basis of the conclusion by which the conditional intabulation was ordered. The expenses arising, set by court, are added to the accessories in the basic process. Regulation (ordinance) of the funduary books of February 5, 1870, in force on the territory of application of the Austrian civil code: Article 74. -As soon as the right of inheritance of the hereditary has been opened, his creditors have the right to acquire the insurance of their claims on the goods and receivables in the inheritance, by intabulation, although the property in the inheritance, is not yet transcribed by the name hereditary, as there are the other legal conditions relating to it; such insurance, however, can be admitted only with the reserve, so as not to harm the claims of law, which would arise in the dissolution of the inheritance, and to have effect only from the time, when it was made the surrender (The translation of this article is taken from Dr. Ioan Papp and Paul Balasiu: The Book of Funduara, vol. I, Cluj, 1922, page 65). + Article 139 The conclusion of the execution of the execution is communicated both to the pursuer and to the pursuer; but if the request for execution is rejected, the following shall be known only, with the restitution of all copies of the application. If the roready authority * 59) rejects in its entirety the intabulation of the right of executive mortgage, the justification of the pregrading of the right of mortgage,-namely the notation of the right of execution, shall be known only to the pursuer and the court that addressed Rogatory Commission * 60). If the conclusion is returned, it is not possible to present the following, it is called on his account a curator, without citation by publishing, and the curator is communicated to the conclusion as well as the other decisions that are made during the execution, until the following announces his home or cares for himself in representation. ---------- * * 59) Complaint. * * 60) The court that made the complaint. + Article 140 Both parties have the right to appeal (recourse), within 8 days counted from the communication, against the conclusion given by the competent court on the matter of ordering the execution, as well as against the conclusion given by the funduary card authority in the question of the inscription of the executive mortgage right or the notation of the right On the appeal (recourse) directed against the conclusion of the order of execution, the appellant must annex the copy handed to him from the application for execution. However, against the conclusion of the second instance, the conclusion of the funduary authority, the date on the question of the intention of the mortgage right The executive, the justification of the prenotarization and the notation of the right of execution, can be appealed, which will be submitted in 8 days * 61). With regard to the suspensive effect of these calls (recourse), they serve as the provisions of art. 37. --------- * 61) See art. 40 of Law LIV/1912, quoted in art. 34 34 and the notes from this article (p. 23-25 23-25). + Article 141 About the submission * 62) of the appeal (recurgerei) declared against the conclusion of the execution of the execution and of the decision of the higher court, the authority of the funduary books will be endorsed. If the second court annulled, dissoluted, the conclusion of the execution order, or changing the conclusion rejected the application for execution, the intabulation of the executive mortgage right, the justification of the prenotarization or the notation of the right of execution will radiate ex officio and for this purpose the competent authority of funduary books shall also be endorsed. If the second court changes the conclusion of the funduary authority, it will be known, apart from the parties, and the court that ordered the execution. As regards the knowledge of the parties, the general rules apply. --------- * 62) About sending the call (recursion) to the competent court. + Article 142 The intabulation of the right of executive mortgage or the notation of the right of execution has the effect of law that, a posterior intabulation or prescoring of the right of property, cannot prevent the continuation of the pursuit + Article 143 If the ownership of a common wealth is entered in the names of the co-owners in undetermined parts and the execution is not directed for the collection of a claim that strikes all the owners, the funduary card authority, citing by the conclusion ordering the intabulation of the right of executive mortgage or the notation of the right of execution on all interested parties, holds the protocol * 63) and after an eventual necessary proof procedure, decides by sentence * 64) on the portions of the property. If the contrary does not prove, the portion of all co-owners is considered equal, except, when the husband and the descendants of a person are registered with undetermined portions, in which case half of the building is considered the property of the husband, and the other half property of the descendants enrolled as owners, in equal portions on the ends or on the slopes. In this case, the tender can only be required after the right amount of sentence is lifted. Art. 143 is amended by art. 47 47 of Law LIV/1912, as follows: Article 47. -The first paragraph of art. 143 of the Law LX/1881 is amended in the sense that, the authority of funduary books decides by conclusion and not by sentence. The last paragraph of art. 143 of Law LX/1881 is replaced by the following provisions: The party, which has suffered in the course of this procedure any damage, can capitalize on its claim on the ordinary course of the law. In the case of this Article, an auction may be requested only if it is not justified by the order book authority, within thirty days, to submit the process against the conclusion of this authority. In case it is justified to submit the process, the tender can be requested only after it has risen to the value of law the decision to settle the process. --------- * * 63) See para. 2 2 and 3 of art. 55 of Law LIV/1912 (p. 10 10). * 64) See art. 47 of the LIV/1912 Law, further quoted. + Article 144 After expiring 15 days, counted from the communication with the following of the conclusion of ordering the intabulation of the executive mortgage right or the notation of the right of execution, the pursuer may ask, In a copy, order the auction. In this request will be shown exactly the buildings required to be auctioned, the claim will be calculated together with the accessories, further the necessary data will be presented for the establishment of the call price (art. 145 145) and the draft of the tender conditions will be presented. In this way he can ask for auction and the following. In accordance with art. 1 of the law on modification and repeal of Law No. 230 of July 11, 1930 , for the unification of certain provisions relating to forced execution, published in the Official Gazette No. 179 of August 5, 1938, the pursuer is obliged to show the value of each of the buildings that already follows in the application for execution. See this text by law after art. 135 135 (p. 91 91). + Article 145 In order to be able to determine the price of the call, a certificate issued by the perception must be presented, or if the giving is paid in the commune, a communal certificate, about the giving to the State, at how much was imposed in the last year expired be auctioned. If together with the building is auctioned and the minor regalian right, in order to determine the price of the call, the data will also be presented according to art. 131. The minor regalian right is considered to be auctioned together with the property only then, if this express is shown in the auction publication. Article 145 is amended by art. 1 of the law on modification and repeal of Law No. 230 of July 11, 1930 , for the unification of certain provisions on forced execution, published in the Official Gazette No. 179 of August 5, 1938, as well as by the decree-law to supplement this law. Texts amending art. 145 are quoted after art. 135 135 (p. 91 91). + Article 146 The order book authority, if it finds that the tender can be ordered, has a tender publication, and if it finds that the tender cannot be ordered, a rejection conclusion, which will be passed on the tender application, return to the following the scriptes submitted according to art. 144 and possibly showing in the conclusion of rejection the shortcomings that must be completed, in order to be able to order the tender. + Article 147 In the event that the tender is ordered, the auction publication to be issued shall contain the following: a) The exact showing of the property auctioned, after the district court, the commune and the number of the funduary book; ... b) The name of the stalker and the following and showing in figures the capital of the claim, for the collection of which the execution is directed; ... c) The established call price; ... d) Place and time of the auction, the latter with the showing of the day after the calendar and the hour; ... e) Amount of the vadium that must deposit the persons who want to buy; ... f) Payment Terms; ... g) The mention that, the tender conditions, established at once with the issuance of the auction publication, can be seen in the official hours at the funduary book authority and at the town hall of the respective commune. ... If the call price of the property passes 100,000 lei * 65), also, if the call price is lower, but the building is located at the office of the funduary card authority or near it, the auction will be fixed at the card authority's place funduare, and for the bidding of buildings located in another place, if the call price does not pass 100,000 lei, the auction will be fixed at the respective communal town hall. At the reasoned request of the stalker, made by the auction request, or at the request of the other interested parties, submitted before the auction request is resolved, the funduary card authority may fix the auction on the spot and when The price of shouting passes 100,000 lei. Suddenly with the issuance of the auction, the auction will be noted in the funduary book. Art. 147 is completed by art. 21 21 of Law XII/1908, as follows: Article 21. -Article 147 of the Law LX/1881 is completed with the following provisions: The court determines the amount of the vadium according to the circumstances, taking into account the proposal of the pursuer, made in this regard This amount may not be less than five percent and higher than twenty percent of the price of the outcry. When he bids the State, he is not obliged to submit vadium. They are not obliged to submit vadiu, when they are auctioned buildings encumbered in their favor with mortgage law, nor anonymous companies and cooperatives based in Budapest, authorized by the second paragraph of art. 10 of Law XXX/1889 to issue land scribes exempt from tax, as well as the central credit cooperative constituted under Law XXIII/1898. If in the sense of the law the competitor loses the vadium, the competitor exempted under this article to submit vadiu, is obliged to record in the court deposit the amount corresponding to the vadium, within eight days from the receipt of the summons the funduary card authority. In the auction publication must be shown that, the property is not auctioned under the share of the call price shown in art. 26 and that, the buyer is obliged to complete the vadium according to art. 25 25 * 66). The limit of value in art. 147 was at the beginning 5,000 floreans equal 10,000 crowns. This limit of value was then increased, by the ordinance of 31 Octomvrie 1919 of the Dirigent Council, published in the Official Gazette No. 79 of 10 January 1920, of its tenor. When the order of the Dirigent Council was given, the crowns were not yet removed from circulation and for this reason, the Dirigent Council increased the limits of value simply to their tenfold. Subsequently, after the crowns were removed from circulation, the practice admitted to calculating the value limits in the execution law counting for each crown a lion. Thus, the limit of value in art. 147 is today 100,000 lei. See also note 11 of art. 27 27 (p. 27 27) and the notes from art. 57. Article 147 is amended by art. 3 of the law on modification and repeal of Law No. 230 of July 11, 1930 , for the unification of certain provisions relating to enforcement, published in the Official Gazette No. 179 of August 5, 1938: Article 3. -The auction will be held separately for each of the goods followed, and where there are land books, on each of the land bodies. The guarantee that competitors will have to file for real estate sales, according to the laws in force, will be in cash. Privileged creditors or mortgages on the property pursued, as well as its co-owners are dispensated by the guarantee. The amount from which the cries begin, will be the one fixed according to the provisions of art. 1, reduced by 25%; it will be indicated in the sales publication. ------------ * 65) In the Hungarian text, 5,000 florets * 66) Article 25 of Law XII/1908 is quoted in art. 170, and art. 26 of the same law in art. 171. + Article 148 Paragraph intaiu al art. 148 is amended by art. 48 48 of Law LIV/1912, as follows: Article 48. -First paragraph of art. 148 of Law LX/1881 is replaced by the following provisions: In the absence of an expert evaluation according to art. 22 of Law XII/1908, the call price must be determined after the valuation price of the property, proven with official certificate of giving and evaluation. It follows paragraph two of art. 148 148: In order to be able to determine the outcry price of a tax-exempt building, the pursuer is obliged to annex to the tender application (art. 144), if the building is located at the office of the funduary authority, the evaluation book issued by any of the treasured employees of this authority, and if it is located elsewhere, the evaluation book issued by two members of the the respective communal mayors. In this case, the call price will be the assessment price (art. 159 159 and 160). Provisions of art. 148 are also completed by art. 22 22 of Law XII/1908, as follows: Article 22. -The provisions of art. 148 of the Law LX/1881 is completed with the following provisions: The stalker, and apart from the art. 159 of the Law LX/1881, may ask, before the issuance of the publication of the auction, that the valuation price of the property should be determined, at its expense, by way of ordinary assessment, by two experts who will be appointed ex officio. In this case, the auction publication can be issued only after the evaluation is finished and that the call price serves the assessment price. This article is today amended by paragraph 3 of the art. 3 of the law on modification and repeal of Law No. 230 of July 11, 1930 , for the unification of certain provisions relating to enforcement, published in the Official Gazette No. 179 of August 5, 1938: Art. 3 para. three: The amount from which the cries begin, will be the one fixed according to the provisions of art. 1, reduced by 25%; it will be indicated in the sales publication. Article 1 of the law published in the Official Gazette No. 179 of August 5, 1938, as well as the decree-law for the completion of this article, are quoted after art. 135 135 (p. 91), and the full text of these laws at the end of the work. See also art. 171, as well as the notes from this article. + Article 149 On the call price, which will be determined according to art. 148, shall be auctioned at once with immovable buildings and accessories only with the ruination of the substance or with a significant depreciation. As long as the tender conditions do not include a contrarian stipulation, suddenly the property is auctioned and the unculeasa harvest due to the following. Their evaluation price, if any of the interested proves it with a certificate issued by a judge or two members of the city hall (art. 148), presented before the auction with 8 days, will be added by the portarel at the auction price with the occasion of the auction. This does not touch the provisions of the auction publication regarding the vadium to be submitted. See the art. 1 and paragraph 3 of the law for amending and repealing Law No. 230 of July 11, 1930 , for the unification of certain provisions relating to forced execution, published in the Official Gazette No. 179 of August 5, 1938. The full text of this law is at the end of this work. + Article 150 Suddenly with the issuance of the auction publication, the funduary card authority sets the tender conditions-taking into account the building to be auctioned, its price and the project presented by the pursuer-in such a way, as on the one hand The pursuit of the pursuer can be done without unmotivated delay, and on the other hand not to harm the interests of the pursuits and of the mortgage creditors, nor to make it difficult to compete between those who want to buy. The tender conditions will include in particular clear stipulations: in what rates, at what intervals and where the purchase price must be paid and what exactly the buyer must meet in order to be able to take into possession the property taken out in auction and to be able to make the transcript in the funduary book. In the tender conditions it must be included that, the buyer is obliged to pay after the purchase price a 6% interest, counted from the auction day, and the tax charges in connection with the purchase. These bonds fall to the buyer and then, if in the bidding conditions there is no memory of them. Whereas in the tendering conditions the opposite is not expressly included, the vadium shall be deposited in cash or in good effects for cautions at the rate shown in art. 42. Art. 150 is amended by art. 1 of the decree-law for the establishment of interest and the removal of the chamber, published in the Official Gazette No. 102 of May 5, 1938, quoted after art. 42 42 (p. 30-31 30-31). Article 150 is also amended by paragraph 2 of the art. 3 of the law on modification and repeal of Law No. 230 of July 11, 1930 , for the unification of certain provisions relating to enforcement, published in the Official Gazette No. 179 of August 5, 1938: Art. 3 para. two: The guarantee that competitors will have to submit to real estate sales, according to the laws in force, will be in cash. Privileged creditors or mortgages on the property pursued, as well as its co-owners are dispensated by the guarantee. + Article 151 For the auction a single auction term is fixed, if the call price does not pass 40,000 lei * 67), for at least the season and no more than ninety days, counted from the day following the publication of the publication, and if the call price passes 40.000 lei, for at least ninety and at most unasutadoutered days, counted from the same day, with the mention that, the property is sold at this term and below the price of outcry. See paragraph 3 of art. 3 3, art. 4 and 5 of the law for amending and repealing Law No. 230 of July 11, 1930 , for the unification of certain provisions relating to forced execution, published in the Official Gazette No. 179 of August 5, 1938. The full text of this law is at the end of this work. -------- * 67) In the Hungarian text, a value of 2,000 floreans is shown. See in relation to this limit of value the notes from art. 27 27, 57 and 147. + Article 152 The auction publication shall be brought to the attention, by display to the funduary card authority and by its circular circulation on the territory of the respective commune and the neighboring communes. The communal town hall, on the territory of which is located the building to be auctioned, is sent a copy of the auction publication, for display, and a copy of the tender conditions, in order to become aware of them (art. 147 147). If the call price passes 300 floreans, an extract from the publication with points a), b), c), d) and e) of art. 147, insert a date in a local gazette, in the absence of it in the gazette that appears in the nearest place,-and if the call price passes 2,000 floreans, it will be inserted three times in the official gazette. In Budapest, the extract of the auction of the auction in the official gazette is inserted, but only once, even then, if the call price is over 300 floreans but does not pass 2,000 floreans. Apart from this, each interested (art. 153 153) may ask to insert the auction publication, at its expense, without consideration at the price of the call, and in another gazette or and several times. To that end, the funduary authority shall be obliged to issue to the party presenting a copy of the auction. The late or wrong insertion of such publication has no bearing on the effect of the auction. On the publishing copy, displayed at the funduary card authority, the head of the expedition service is obliged to note the day of the display and sign. This copy of the publication shall be lifted after the expiry of the tendering period and after the day on which it was raised is noted, it must be attached to the file * 68). Paragraph 3 of art. 19 19 and art. 23 of Law XII/1908 had the following text: Art. 19 para. 3: In all cases (art. 102, 152, 176, 185 and 187 of the Law LX/1881) when the auction publication must be inserted, in the province, in a local gazette or in one that appears in the nearest place, the court is obliged to choose for these publications only a gazette in Romanian. Article 23. -Article 152 of the Law LX/1881 is amended in the sense that, the auction publication will be inserted into the official gazette only once and then, if the call price passes four thousand crowns. Art. 152 is today amended by art. 2 of the law on modification and repeal of Law No. 230 of July 11, 1930 , for the unification of certain provisions relating to enforcement, published in the Official Gazette No. 179 of August 5, 1938, as follows: Article 2. -The creditor is obliged to publish in a newspaper spread from the country and one from the locality where the auction is held, an extract of the afipt or the publication, containing the description of the good put up for sale, the name of the debtor, the court the sale, the locality where the auction will be held, if the sale will be made by auction on the spot, the date and time of the sale and the file of the wetting court. This publication, the only one mandatory, will be made five days before the day fixed for the auction. See, in respect of immovable property located in military areas, art. 1 of the decree-law to amend some provisions of the law for the creation of military areas and for the necessary measures to defend the country, published in the Official Gazette No. 79 of April 2, 1942. --------- * 68) Art. 152 was completed and amended by paragraph 3 of art. 19 19 and art. 23 of Law XII/1908, but the completion and amendment that was brought to him by these texts was repealed by art. 2 of the law on modification and repeal of Law No. 230 of July 11, 1930 , for the unification of certain provisions relating to forced execution, published in the Official Gazette No. 179 of August 5, 1938. + Article 153 The auction publication, which is also to be considered to be concluded by the order of the tender, shall be communicated together with the tendering conditions: a) ... b) Tracking; ... c) All those, in favor of whom it is intabulat, according to the book, right of mortgage, or is intabulat as a subjection on any mortgage right intabulat, or is intabulat or prewritten, on the property to be auctioned, another right of funduary book, or whose application with such an object is noted with marginal note or as non-definitively rejected, being understood here and the eventual co-owners of the following or other interested according to the funduary book; ... d) Inspectorate of dare * 69). ... If in the favor of the tax office a claim is intabulated that does not derive from taxes or fees, but of another nature, the publication is communicated to the directorate of judicial affairs * 70). The auction publication is communicated to the interested persons shown in points b) and c), with the omission of the citation by publication, according to the rules for the delivery of the introductory court terminations. If, within 30 days, counted from the display of the publication, the proof of regulated delivery does not arrive about the communication of the auction publication with interests from b) and c), the funduary card authority appoints for representation You are unfamiliar with the curator. Suddenly with the appointment of the curator will be handed down, at least 15 days before the auction deadline, and the auction publication together with the tender conditions. For interests whose domicile is unknown, one can also be called a curator before the attempt of the delivery. The named curator represents in the course of the entire execution procedure the interest, on account of which he was appointed, until he is not taken care of by the representation. As far as it is not verosimila a collision of interests, the same curator can be called for several interested, but for the following he will always be called a separate curator, if he has not already been called according to art. 139, namely, if his representative from the trial is known and lives at the seat of the court, in his person. The interested persons know about the appointment of curator by registered letter, addressed to their domicile and if he did not know himself, at the commune to which the building to be auctioned belongs. --------- * 69) In the place of the dare inspector, the Financial Administration is quoted today. * 70) Instead of the judicial business, the Central Contencios of the Ministry shall be quoted. + Article 154 After 30 days expire, counted from the display of the publication, the funduary card authority, at once with the eventual appointment of curator, required according to the previous article, tasks with conducting the tender a delegate, to whom he teaches the scripts necessary. For the performance of the auctions from the headquarters of the funduary card authority ( 147), shall be delegated, as a rule, a judge or a notary public, and for the holding of tenders on the spot, shall be delegated, as a rule, a portarel, that is addressed to the rogatory commission in order to delegate the portarel, to that judge of detour, in the constituency to which the auction is to be made. + Article 155 The buildings, as they form according to the law a single body of wealth, must be auctioned at once. If, however, any body of funduary wealth consists of several parcels registered under different denominations, the pursuer is entitled to formulate by the tender petition the request, that the only plots to be auctioned separately. On this request it decides the authority of funduary books after listening to all the interests in the funduary book with known domicile. No appeal (recourse) takes place against the conclusion. The pursuer is obliged to present in this case the data shown in art. 144 in such a way, as from those, it may be possible to determine the outcry price of the various parcels separately. Several bodies of funduary book wealth, even if they were auctioned at the same time, as a rule, cannot be auctioned at once. However, at the request of the motivated pursuer by the auction petition and after listening to the interested in the funduary book with known domicile, the funduary card authority can order, to auction at once the buildings encumbered with the same inscriptions of Funduary book, if they are contained in the same funduary book, or if in nature they are located next to each other. Article 155 is amended by paragraph 1 art. 3 of the law on modification and repeal of Law No. 230 of July 11, 1930 , for the unification of certain provisions relating to enforcement, published in the Official Gazette No. 179 of August 5, 1938: Art. 3 para. The auction will be held separately for each of the goods followed, and where there are funduary books, on each of the land bodies. + Article 156, 157 and 158 Modified by art. 24 24 of Law XII/1908, as follows: Article 24. --Instead of art. 156 156-158 of the Law LX/1881: If, among several co-owners of a building, the execution is done only for the duty of one or more of them, but not for the duty of all, as a rule, the tender is ordered only on the portion of the one followed or those followed. However, if within 15 days, counted from the display of the auction, all the other co-owners demand, through authentic petition, and also advance the necessary amount-which falls to them-for the expenses of the new publishing, the funduary card authority orders the tender on the entire building and setting a new auction deadline, issues a new publication. This application cannot be revoked. Each of the co-owners who requested the tender can compete for the building For this purpose, it must submit from the vadium only the proportional share in relation to the portions of the building of the other co-owners. If he bought the property one or more co-owners, the buyer is not obliged to pay the share of the purchase price that falls on his portion of the property. The distribution of the purchase price collected and the deletion of the tasks is done in this case in such a way, as if only the portions of the other co-owners were auctioned. + Article 159 The accessories of the building to be auctioned, as a rule, do not comply on the spot. The pursuer, however, has the right to present at the request for tender and a conscription and evaluation of the accessories, made by a treasurer court employed stable, respectively by two members of the communal town hall, in which case the evaluation price of accessories will be added to the call price. And if from the letters joined at the request for auction it would result that, the call price of the property to be auctioned, which will be determined according to art. 148, is at least 100,000 lei * 71), as well as then if the pursuer proves with certificate issued by a treasurer employed in a stable manner or by two members of the communal town hall, or authentically otherwise, as on the building to be auctioned is built a factory, or steam mill, or another building having decisive importance on the establishment of the price, can ask, that before the auction is ordered, to be made through portarel * 72) a punctual conscription of the accessories on site and to determine both their valuation price and the valuation price of the property, by way of of ordinary evaluation, through two experts who will be appointed ex officio. In this case, the auction is ordered after the end of the procedure on the spot and that the call price serves the assessment price. See also the provisions art. 1 of the law for amending Law no. 230 230 of 11 July 1930 , for the unification of certain provisions on forced execution, published in the Official Gazette no. 179 of 5 August 1938, as well as the decree-law to complete this article, at the end of the work --------------- * 71) In the Hungarian text 5,000 floreans. See in relation to this limit of value the notes from art. 27 27, 57 and 147. * 72) In the Hungarian text: delegate. + Article 160 And apart from the cases of the previous article, until the tender application has been submitted, the following has the right to ask the funduary authority-as far as the expenses that fall in its charge advance-to make the conscription and evaluation the accessories of the building through two experts appointed ex officio. If such a conscription and evaluation of the accessories is made, the minutes to be joined to the script and the auction publication are issued after the end of the procedure; and as a call price will serve the evaluation price. See note from art. 159. + Article 161 If on the property to be auctioned is noted in the funduary book a claim of ownership, non-resident still with the value of law, and the claim of the pursuer is intabulated in the funduary book after the claim of As a property, the auction cannot be ordered until resolution with the right value of the claim. If, with regard to the noted claim, the process is not yet in progress, at the request of the pursuer, the claimant must be directed to submit the process in a fixed term; having the right to intervene in the ongoing process or in the one that will Forward. And if the writer's claim has inscription in the land book before the claim is noted, the auction will be ordered and carried out without consideration to the claim, but the part of the purchase price, which remains after the indestulation of the tasks positions with the inscription before the notice is noted, must be held in court filing until the resolution with the right value of the claim. These rules will also apply then, if, on the property to be auctioned, any property process is noted. + Article 162 If on a building is noted in the funduary book, with priority over the claim of the pursuer, a right of zalog redemption, the tender must be ordered provided that the right of zalog redemption remains untouched. But, if the stalker's claim is intabulated with priority over the zalog redemption right note, the auction will be ordered without consideration to the zalog redemption right and the rest of the purchase price, which remains after the date. they will fill the positions of tasks before the notation of the right of zalog redemption, must be recorded in the court deposit, until it is decided on the right of redemption of zalog, by the court sentence or by transaction. + Article 163 If on the property to be auctioned is inscribed in the funduary book a right of servitude, the auction is ordered provided, that the right of servitude remains untouched. However, if a claim is filed on the property before the servitude is filed, suddenly with the ordering of the auction, the amount must also be determined, which is shown sufficient for the total indestulation of previous mortgage claims servitutions, and in the tender conditions will also be shown that, as far as the property is sold with the mention of the right of servitude for a price that does not reach the established amount, necessary for the purpose of stuffing the positions of tasks prior to the inscription of the servitude in the funduary book, the auction becomes without effect and the property is sold at the fixed term of new, without the maintenance of the right of servitude. + Article 164 If the object of the tender is a vineyard, at the request of the pursuer, or of the following, or of any tabular interest, the competent court for carrying out the execution may order the vineyard to be given in the administration of a sequester appointed ex officio. The administration through the sequestering curator of other buildings can be ordered only then, if the petitioner justifies that, without this property is exposed until the auction of a danger of depreciation. + Article 165 With regard to the appeal (appeal) to be submitted against the publication of the auction issued by the funduary authority, which is also to be considered as closing the auction, as well as to the suspensive effect of The general rules shall apply (Art. 37 37). In this appeal (recourse) it may also be necessary to remedy the damage caused by the provisions of the funduary card authority regarding the ordering of the auction, prior to or concurrent with the issuance of the publication. Besides this, those interested (art. 153 153) have the right to appeal to the funduary card authority, which must be submitted in 8 days counted from the delivery of the publication, for the modification of the established tender conditions, as well as for the remediation of the defects of form enjoyed by the provisions of the funduary book authority relating to the ordering of the tender * 73). On the appeal it decides the authority of funduary books in 8 days-in case of need after listening to the other interested-and as far as it finds the grounded appeal, it has accordingly and in case of need it issues a new tender publication. The application for the modification of the tender conditions, submitted after the 8-day period, may be taken into account only then, if all interested (art. 153 153) by declaration with authenticated signatures or taken to the minutes by the funduary card authority. If the appeal (recourse) and appeal are submitted, the letters shall be submitted to the second court after the resolution of the appeal, but only in that case, if the damage complained has not been remedied following the appeal. -------------- * 73) In the Hungarian text it is said: [...]. + Article 166 If, when the execution of the right of executive mortgage is ordered, a forced execution procedure is pending against the same pursued and on the same building, in order to collect the claim of another pursuer, the funduary card authority, declares, by concluding the order of the execution of the executive mortgage, on the posterior pursuer as adhered to the previous pursuer, and about the ordering of the unknowing accession on the pursuer, also followed on the previous pursuer. + Article 167 If the accession has been ordered, as soon as the tender publication has not been issued in the previous pursuer's favour, a collective auction publication will be issued at the request of any pursuer for the purpose of collecting the claims of the previous pursuer and posterior, with the showing of both followers, except when one or the other pursuer announces the regulation of his desistance from execution. And if the auction publication has already been issued in the previous pursuer's favor, the funduary book authority, at once with the ordering of accession, issues the additional publication, ordering it to be held in the favor of the posterior pursuer the auction ordered in the previous pursuer's favor This additional publication shall be communicated only to the stalker and shall be displayed at the funduary card authority. However, at its expense, each interested party has the right to insert the additional publication in the gazettes, in the way shown in art. 152. In the 15 days before the auction can no longer be made an additional publication and if at this auction the property has not sold, at the request of the posterior pursuer a new auction publication will be issued according to art. 147 and the next. With the exception of this case, the accession has the effect of law that, if the tender ordered in the previous pursuer's favor is not held for any reason, the tender is held in the favor of the adhered posterior + Article 168 Third person, who, through the execution that has been made on any immovable, feels harmed in the real rights he has on the property or on a part of it, apart from the specific cases regulated by art. 156, 161, 162 and 163, may submit, to the authority of funduary books, action against the pursuer, for the cessation in whole or in part of the real estate execution. This action is judged by the rules of the protocol procedure and is resolved by sentence * 74). Against the second court sentence, by which the sentence of the first court was approved, there is no appeal. If the claimant justifies the merits of his right, by action or in vain, in a manner worthy of being believed, the funduary authority may suspend the tender until the jurevalid resolution of the action, whether unconditional or conditional on filing a bail (art. 42 42). ---------- * 74) See paragraphs 2 and 3 of art. 55 of the LIV/1912 Law, quoted after art. 10 10 (p. 10 10). + Article 169 On the day of the auction, the portarel * 75), presenting itself on the spot, if the auction must be held ex officio, it is held ex officio, and otherwise only then, if the pursuer or the following is represented or if any of them announce, by petition written or by delegation given to the minutes, that they do not want to be represented at the auction, but they still ask for their holding. The pursuer cannot take part in the auction as a competitor, unless, when he is not a debtor personally obliged to the pursuer, but is obliged to suffer the bidding of the property only for the reason that the dance is the owner of the funduary book. ----------- * 75) In the Hungarian text: the delegate. + Article 170 Before the start of the auction, the goalkeeper * 76) reckons the amount of indestulation and the accessories, which, if not paid to watch, reads the tender conditions and invites those who want to bid, to submit to his hand the established whiff or to teach regulatory proof * 77) about the anticipated consigning of the vadium in the court deposit and sign the tendering conditions. After this, the auction starts with the price of shouting and continues until then, until gradual offers are made. If no one wants to offer more, the porter fixes a fixed time for closing the auction, which cannot be shorter than 5 minutes and longer than 15 minutes, but which can extend, at the request of any of the competitors, once, with minutes. If a new offer is made, the auction must be continued and when the offers cease, a new fixed time is fixed, according to the above. Until the fixed time expires, anyone would like to bid, perhaps and in the meantime to deposit the vadium and can make offers. After the expiry of the fixed time, if in the meantime no higher offer was made, the building is declared bought from the one who offered more and through this tender it is declared finished. Art. 170 is completed by art. 25 25 of Law XII/1908, as follows: Article 25. -Article 170 of the Law LX/1881 is completed with the following provisions: That, which offered for the building a price higher than the call price, if no one wants to offer more, is obliged to immediately complete the whiff in relation to the amount offered, at as many percentages as was the percentage of the whiff in relation to The price of shouting. If it does not meet this bond, the offer is not considered and can no longer take part in the tender, which must be continued without delay. If at the continuation of the auction no one makes any offer, but before he bid another, the building is declared bought from him, namely, if there were several competitors, from the one who offered more. If this offer passes the call price, the provisions of the preceding paragraph must be applied. Competitor, exempt under art. 21 to submit vadiu, is not obliged to submit any amount for the completion of the vadium. ----------- * 76) In the Hungarian text: the delegate. * 77) Today the vessel of Cassei de Depuneri and Consemnations. + Article 171 If the price of shouting is not offered, the portarel * 78) is obliged to gradually decrease the price of shouting until offers are made. If the offer is made, in terms of the procedure further, the provisions of art. 170 170. The building is declared bought from the one who offered more, even if he offered below the call price and took part only himself at the auction. The stalker, if present or if represented at the auction, may request the suspension of the auction, even in the course of the gradual decrease in the price of the call, but only until then, until either of the competitors made the offer. In the case of an auction ordered in the favor of several followers, only the followers together can wear out this right. This right of suspension cannot be exercised when the following requests the tender. Art. 171 is completed by art. 26 26 of Law XII/1908, as follows: Article 26. -Article 171 of the Law LX/1881 shall be supplemented by the following provisions: Buildings subject to tax on buildings cannot be sold under half of the call price established by the auction publication, and other buildings under two thirds of the call price. If, in the course of the gradual decrease in the price of the call, the offer is not made at the minimum price, the portarel suspends the As regards the procedure, the following is followed according to art. 176 and 177 of the Law LX/1881, with the proper application of art. 21 21, 22 and 23 above * 79). Article 171 is amended by art. 3, 4, 5 and 6 of the law for amending and repealing Law no. 230 230 of 11 July 1930 , for the unification of certain provisions on forced execution, published in the Official Gazette no. 179 of 5 August 1938. Art. 3 para. three: The amount from which the cries begin, will be the one fixed according to the provisions of art. 1, reduced by 25%; it will be indicated in the sales publication. Article 4. -If at the first deadline fixed for the auction was not offered a price higher than that fixed by the previous article, the tender will be postponed, the term of the new auction may not be shorter than 25 days nor longer than 40 days off from the date of the new Publications. At the new deadline will be fixed, the price from which the cries begin will be the one fixed by art. 3, reduced by 10%, and if the price thus reduced or more is offered, the tribunal will pronounce the adjudication according to the laws in force. Article 5. -If it is not obtained at the second term of sale the price provided by art. 4, the sale will be postponed under the same conditions, to the new term the adjudication being made at the maximum price that will be obtained. Article 6. -In the laws in force that admit the adjudication of the good pursued on the creditor, in the case when it was not offered a higher price than that fixed by art. 4 4 above, the adjudication will only be able to be made on it on the price of which the amount is fixed by that article. See the entire text of the law for amending and repealing Law no. 230 230 of 11 July 1930 , for the unification of certain provisions relating to forced execution, at the end of this work. ----------- * 78) In the Hungarian text: the delegate. * 79) Art. 21, 22 and 23 of Law XII/1908 are quoted in art. 147 147, 149 and 152. + Article 172 If, at the same term, several bodies of funduary wealth or several plots of the same body of funduary wealth are to be auctioned separately, the following has the right to determine the order in which to auction the buildings. If the pursuit does not want to wear out this right of its own, the pursuer may unseal the order in which to auction the buildings; otherwise the order shown in the auction publication and in the funduary book will follow. If, among several bodies of wealth or among several plots of the same body of wealth, was sold a part in the auction for such a price, that, taking into account the funduary book situation and also taking into account the verosimila sum of privileged claims, from the purchase price of the buildings already sold, unconditionally cover the claim of the pursuer together with the accessories, the further tender must be suspended. + Article 173 The minutes shall be drawn up about the auction, which shall include the following: a) Showing the object, place and time of the auction, with reference to the conclusion of delegation and to the auction publication that was issued; ... b) Name of the carrier * 80) and of the parties present or their representatives; ... c) The calculation of the claim and the fact that the tendering conditions have been read; ... d) Name and dwelling of those who want to bid; ... e) The exact signing of the gradual offers, in such a way, that, after the name of each bidder, show the amounts of the offers made by him; ... f) In case of art. 171, showing the gradual maturity of the purchase price; ... g) The highest offer, written in figures and letters, and showing that, as a result of this higher offer, in the fixed time no higher offer was made, the object of the tender is declared bought from the one who offered more; ... h) The mention that the vadium of the highest bidder was retained and that the vadium of the other competitors was returned. ... Competitors who do not want to participate further at the auction, confirming the receipt of the vadium or the submission certificate, can sign the tender minutes at any time during the auction. ----------- * 80) In the Hungarian text: the name of the delegate. + Article 174 The buyer, if he has tendered from the entrustment of someone or in comrade with someone, is obliged to appoint at the end of the auction on the warrants or on his property companion and to sign the minutes showing this quality. If such a statement is not made, as well as then, if, although the statement has been made, no immediate proxy is filed, given by the warrants or the companion of property and legalized as a rule, or if it has not been submitted to the court in no more than eight days from the auction, it is considered the only buyer, who made the highest offer. At the request and at the expense of the buyer, the porter * 81) is obliged to appoint a temporary seizure curator, whose mission is to supervise the unscathed preservation of the property and accessories, until the surrender or seizure of Property. ----------- * 81) In the Hungarian text: the delegate. + Article 175 After the end of the auction, the goalkeeper * 82) is obliged to submit to the funduary card authority, without delay, all the scripts, the auction minutes, as well as the amount or effects submitted as a vadium. If, for any reason, the scripts cannot be submitted without delay, the amount or effects submitted as a vadium, shall be submitted with a separate report, at the auctions held in the locality, immediately after the end of the auction, and at other auctions, after arriving at home Goalie. The auctioned auction expenses shall determine the funduary authority after the arrival of the report. ----------- * 82) In the Hungarian text: the delegate. + Article 176 If the auction is left without a result, the portarel is obliged, in addition to submitting the scripts, to do within three days the report of the funduary card authority. Within six months, counted from the day of the auction without result, the funduary card authority shall fix at the request of the pursuer or the following a new tender term, for thirty days, which shall be made public in the manner shown in art. 152, with the distinction that the extract of the publication is inserted only with the official gazette even then, when the call price passes 40,000 lei * 83). The publication is communicated to those interested, according to art. 153, for proof of delivery and if the proof of delivery does not arrive within fifteen days, counted from the display of the publication, is called a curator. The appeal (recourse) and the appeal, submitted against this new auction publication, have no suspensive effect on the young auction. If no application has been submitted for the fixing of a new tendering period within six months, counted from the day of the auction left without a result, the deletion of the tender shall be ordered ex officio. These rules also apply when a fixed tender has been postponed by the joint agreement of the parties * 84). Article 176 is amended by art. 2 of the law for amending and repealing Law no. 230 230 of 11 July 1930 , for the unification of certain provisions on forced execution, published in the Official Gazette no. 179 of 5 August 1938, quoted in art. 152. -------------- * 83) In the Hungarian text 2,000 floreans. See in respect of the limit of value the notes from art. 27 27, 57 and 147. * 84) Art. 176 was also completed by paragraph 3 of art. 19 19 of Law XII/1908, as follows: " In all cases (art. 102, 152, 176, 185 and 187 of the Law LX/1881) when the auction publication must be inserted, in the province, in a local gazette or in one that appears in the nearest place, the court is obliged to choose for these publications only a gazette in Romanian ". Today, following the provisions contained in art. 2 of the law for amending and repealing Law no. 230 230 of 11 July 1930 , for the unification of certain provisions relating to forced execution, the above completion became without object. + Article 177 After six months, counted from the deadline of the remaining auction without result, or postponed, the order of the new auction must be requested at the funduary card authority according to art. 144 144. In this case it will be done with regard to the ordering of the auction and the fixing of the auction deadline according to the rules 145 and the following, and regarding the publication of the auction deadline and the knowledge of the interested, according to the provisions of art. 152 and 153. + Article 178 For the vices of form enjoyed at the auction * 85), the pursuer, the stalker, the mortgage creditors and the co-owners, in the case that they were also bid their portion, can do within eight days, counted from the end of the auction, which will be submitted directly to the funduary card authority; to the resolution of which the provisions relating to art. 165. Regarding the appeal (recourse) that was declared against the conclusion given on the appeal, the general rules apply, but, if the funduary card authority cancels the tender following the appeal against this conclusion, it can appeal (recourse) and the buyer in the auction. ------------- * 85) In the Hungarian text: [...]. + Article 179 The cancellation of the auction, carried out on some buildings, takes place only in the following a) If it was not presented to the auction publication of place, or not in time to be served, or not to be presented regularly, to the respective interested curators and, in the cases of art. 185 and 187, to the previous buyer (art. 153 and 176, no further art. 185 185 and 187); ... b) If the publication of the first auction has not been displayed at the funduary authority at least 60 days before the auction, and the publications of the following auctions at least 15 days and in as much as is necessary and an insertion in the gazettes, if the publication of the first auction was not inserted, according to art. 152, 15 days before the auction, and the publications of the following auctions, according to art. 176, 8 days before the auction; ... c) If the tender was held, although in the course of the execution procedure it was submitted on the basis of art. 140 and 165, in legal term, appeal (recourse) or appeal with suspensive effect on young tender; ... d) If the auction was not held in its place during the time shown in the published publication, handed or inserted, or if the property shown in the publication was not bid; ... e) If anyone was admitted to bid without lodging the vadium, or if, without legal reason, a competitor was excluded from the auction, who offered to submit the vadium; ... f) If the provisions of art. 170 170 and 171 relating to the gradual offers, the establishment of fixed time and the termination of the tender; ... g) If, in accordance with art. 171, 172 and 185, the auction should have been suspended and yet it was held. ... On the grounds that the auction publication has been handed out regularly or has not been handed down, the auction may be cancelled only then, when the appeal is filed on this ground by the interested party, who, due to the irregularity of delivery, has not I was very pleased. On the grounds that he was not appointed curator, or on the grounds that the auction publication was not handed to him regularly or by the place, the cancellation of the auction takes place only then, if he makes an appeal to the interested non-knowledge of separate auction (art. 153 153). + Article 180 If, in 3 days counted from the day of the auction, no appeal is submitted, only if the tender conditions do not provide otherwise, it is issued to the buyer-purchase certificate, on the basis of which, the buyer may take possession of the property bought and entered as much as he would have prevented in this from his pursuits by someone else, he can ask, for taking possession of the property, the help of the communal or administrative authority. If the buyer asks, putting in possession is done through the portarel and in case of need, using public force. If the appeal is submitted, within 8 days, counted from the day of the auction, at the request and at the expense of the buyer, the buildings sold are taken under seizure even without the justification of any danger. + Article 181 If the tendered property is given in rent or lease, tenants or tenants are obliged-only if the opposite has not been stipulated in the tender conditions-to cede to the buyer the right of use, namely: the tenants, according to the contract, at the end of the economic year in which the tender was held, and the tenants, in accordance with the local norms and in their absence, after a three-month denunciation. The price of the location, due after the auction day, is due to the buyer. The rights, which the tenant or the tenant would have against the lessor, possibly also on the purchase price, remain untouched. The tenant or the tenant, if they were approved about the auction by the buyer, can no longer pay the following the price of the place that becomes due from the auction day and until they are raised to the right value, but are obliged to submit it to Court. + Article 182 If it amounted to the value of right the auction and the buyer fulfilled the tender conditions, in particular he paid the purchase price, the funduary card authority orders ex officio to meet on his/her name the right of ownership over Property. Suddenly with the intabulation of the right of ownership, all positions of intabulate or pre-noted tasks and notations will be radiated ex officio, except for those who eventually remain in the being according to art. 162 and 163, or which would take over according to art. 183. + Article 183 The buyer is free to invade with mortgage creditors, to stay their claims-in as much as they would receive indestulation from the purchase price-and further on the property as a task. Such claims are considered as if they were shed and ordered to the creditors. + Article 184 Taxes, which encumber the property, due after auction day and transcription fees, will be borne by the buyer. The rates due after the auction day, from the vineyard dijma, from urbarial redemptions and similar ones, as well as from the debt for water regulations, which encumber the building, fall to the buyer, without being counted in the purchase price. For other tasks of the previous owner-only if the tender conditions do not contain the opposite-the buyer does not respond. + Article 185 If the buyer has not fulfilled the tendering conditions within the period fixed, in addition to the loss of the vadium, which will be added to the purchase price that will be charged to a new auction and which is distributed at once with that, at the request of any interested, the funduary card authority orders a new auction. In this case, the new auction deadline shall be fixed by the 30-day funduary card authority according to the rules of art. 176 176. The auction publication that is issued in this case, must be communicated apart from those shown in art. 153 and the previous purchaser, namely the latter after the rules for the delivery of the introductory acts of court, but with the omission of the citation by publication, at least 8 days before the auction. The previous buyer cannot take part in the new auction as a buyer. If, before the term of the new auction, the buyer, besides paying all the expenses caused by the order of the new auction, fully fulfils the tendering conditions in a time, when the porter can be endorsed before holding the auction, the funduary authority is obliged to suspend the tender, and if this payment is made before the start of the auction at the portarel, the portarel is obliged to suspend the auction * 86). -------------- * 86) Article 185 was also completed by paragraph 3 of art. 19 19 of Law XII/1908, as follows: " In all cases (art. 102, 152, 176, 185 and 187 of the Law LX/1881) when the auction publication must be inserted, in the province, in a local gazette or in one that appears in the nearest place, the court is obliged to choose for these publications only a gazette in Romanian ". Today, following the provisions contained in art. 2 of the law for amending and repealing Law no. 230 230 of 11 July 1930 , for the unification of certain provisions relating to forced execution, the above amendment is without object. + Article 186 If at the new auction the property would sell for a price higher than the previous purchase price, the extra difference is not due to the buyer. Otherwise, if the building is sold for a lower price, the previous buyer is obliged to pay the difference that arises between the old and the new purchase price, but in this difference the vadium is also counted. Until the competition of the difference to be paid, at the request of any interested party, even without justification for any danger, the funduary card authority is obliged to order against the buyer execution of insurance and after listening to a Protocol debauchery on the interested and the previous purchaser, determines the amount that the previous buyer will be obliged to pay within 15 days under penalty of execution. On the basis of the conclusion that is given in this regard, forced execution takes place, but on it, the appeal (recourse) that is submitted, has suspensive effect. + Article 187 Amended by art. 27 27 of Law XII/1908, as follows: Article 27. --Instead of art. 187 187 of Law LX/1881: If, within 15 days after the auction, someone-besides the submission of the established whiff, or in the case of art. 25 of the completed vadium,-makes an offer, which surpasses the buyer's offer by at least the tenth part and also advances the expenses of the new auction in relation to the expenses established for the previous auction (oversupply), the card authority funduare declare the previous auction without effect and order a new tender, to which they are to apply, regarding the issuance and delivery of the auction, the norms of art. 176 and 185 of the Law LX/1881 and art. 21 21, 22 and 23 above. Oversupply can no longer be revoked. Paragraph penultimate of art. 21 21 must be applied in case of oversupply. The new auction is held according to the general rules, except that: 1. The oversupply is mandatory and then if the bidder does not appear at the auction; 2. If a higher offer than oversupply has not been made at the auction, the property shall be declared bought by the overbidder; 3. The expenses of the new auction are obliged to pay the buyer, above the purchase price. All these deviations must be shown in the auction publication. Among several overoffers is considered the highest. Oversupply is also mandatory then, if the auction held in its wake was cancelled, ordering a new auction. After it was held in accordance with this article the new auction raised to the value of law, another oversupply cannot be made * 87). -------------- * 87) Art. 187 was also completed by paragraph 3 of art. 19 19 of Law XII/1908, as follows: " In all cases (art. 102, 152, 176, 185 and 187 of the Law LX/1881) when the auction publication must be inserted, in the province, in a local gazette or in one that appears in the nearest place, the court is obliged to choose for these publications only a gazette in Romanian ". Today, following the provisions contained in art. 2 of the law for amending and repealing Law no. 230 230 of 11 July 1930 , for the unification of certain provisions relating to forced execution, the above amendment is without object. + Article 188 After the auction was raised to the value of law, the funduary card authority fixes the deadline for the opening of the officio series and quotes for it those interested according to the funduary book, respectively the curator named on them in the course the execution and the tax inspector * 88), the latter with the invitation, to submit, until the deadline fixed for the opening of the series, a painting about the taxes to the State and the commune, which directly encumbered the building and which became due until the day of the auction, specifying in it the day of maturity and the accessories, as well as a note about the taxes that enclose the property, with the specification of the day in which the legal act of the transfer was declared, finally the paintings justifying the existence of debts from taxes and older taxes, intabulated with mortgage right, all the more that, if Their advance would be omitted and if they were not present at the opening of the series, taxes and fees are removed with the occasion of the distribution of the price. I enter in the course of the execution procedure would not be appointed curator for the representation of mortgage lenders with unknown domicile, must be appointed for the representation of mortgage lenders with unknown domicile curator, communicating and its conclusion. If it results from the funduary book or if the funduary book authority is aware that, the building is encumbered with vineyard dijm, urbarial redemption or other such redemption, or debt for water regulars, must be cited at unstriking for the distribution of the price and the rightful owner, or the representative of the composesorate, the representative of the company for the For absent or unknown creditors it is not necessary to issue publications. The buyer, if he did not shed the entire price, must also be pleased about the opening of the series. ---------------- * 88) Today, The Financial Administration. + Article 189 From the purchase price will be paid, before the mortgage creditors, the following privileged positions, in the following order: a) The expenses made by the following and in the cases of art. 166 and 167 followers, for the publication and performance of the real estate auction, established by the court, further the stamp expenses of the drawer, the fees for the opening of the series due to the curator appointed to represent unknown creditors and in the case of art. 164 and 212, the expenses and charges of the sequestration curator; ... b) This paragraph has been amended several times. See, instead of this paragraph, art. 317 and 318 of the decree-law for the tax procedure code, published in the Official Gazette no. 78 of 1 April 1942, cited below; ... c) The rates, which in accordance with the laws in force directly encumber the property, from the vineyard dijm, from the amounts of urbarial redemptions or other like and from debts for water regulations, which became due before the auction day, outstanding for a time no longer old than three years. ... If the claims from point c) could not be paid in full from the purchase price, the claims for water regulations will be paid in the first place, and the other claims will suffer a proportional reduction. Subsequent laws, in which the most frequent privileges are included, are: Decree-law for the tax procedure code, published in the Official Gazette no. 78 78 of 1 April 1942: Article 317. -The claims of the State, counties, communes and all public authorities and institutions, arising from taxes, increases, taxes, other special contributions and fines, have the privilege over the entire mobile and immovable property of the debtor, after the provisions below. In terms of buildings, the privilege is limited only to taxes and increases due over the last five years, under the express condition that taxes or fees bear on the property pursued, without the need for it to meet formality of inscription. The years count on financial years. After the expiry of the five-year term, the privilege is preserved by the mortgage inscription For all other taxes, fees and fines, as well as any other claims with accessories, the privilege has the rank of the inscription, and in the case that it was not taken inscription, the privilege passes before any chirographic creditor. In terms of furniture, privilege passes in all cases, before any privileged creditor, in compliance with special privileges. In case of competition between the authorities, the order of preference is: State, authority and public institutions of State, county, commune and public, county and public authorities and institutions. Article 318. -The inheritance tax, with the respective increases, has the privilege for its totality, on all the buildings of the succession, without the need for this to fulfill the formality of transcription. The privilege begins to flow from the date of opening of the succession and lasts 5 years from the date of approval of the minutes of simple taxation or contravention. In case of succession, the privilege may be restricted, with the approval of the Ministry of Finance, on each building in succession, in relation to the succession part of each heir. After the expiry of the 5-year term, the privilege is preserved by mortgage inscription. Decree-law for the organization of the Romanian Law Corps, published in the Official Gazette no. 205 205 of 5 Septemvrie 1940: Art. 157 para. Last: The payment of the fee is ensured, in respect of the mobile works, preserved or entered into the patrimony of the customer through the services provided by the lawyer, with the legal privilege on these things; and for the buildings, through a legal mortgage, which will rank from the day of the inscription, without prejudice to the rights of preference of the Art. 158. -In respect of the real estate in dispute, this mortgage is preserved at the request of the lawyer, without the presence of the debtor and without any guarantee, by the insurer inscriptions of the honorarium claim, found even by act under signature private, in the register of real estate mutations or in the local funduary books, according to the special law, with the mention that this inscription has an insurer character. This inscription is of final right, with the original rank, when the claim of honorarium has become chargeable. Any interested person will be able to ask for the removal of the assuring inscription, proving the final loss of the process, on the basis of which The request for deletion will be resolved by the president of the tribunal, or his deputy, by way of presidential order, according to the rules provided in the civil procedure code. Law on employment contracts, published in the Official Gazette no. 74 74 of 5 April 1929: Article 71. -The claim of the employee against the owner, whether employed with the day, week, month or year, with work or by piece, for the non-payment of salary and the benefit part, is fully guaranteed, with a general privilege in the rank immediately before any Chirograph receivables. Article 72. -The employee also has a special privilege in the first rank on the objects at which he incorporated his work for the salary corresponding to this work. Law to ensure payment of the work carried out, published in the Official Gazette no. 91 91 of 21 April 1931: Article 29. -Those targeted at art. 1 and 2 have the privilege for the cost of the work carried out "and for the payment of the employee's work" on the object made. For the works carried out on construction, the small industrialist, the patron craftsman and the entrepreneur keep, without any inscription, a privilege on the object made, until complete acquittal, without the need for training of Minutes required by the civil code. + Article 190 After the indestulation of privileged claims, they will indestulate from the purchase price the claims of mortgage lenders, in the serial rank of the funduary book. The claims on several bodies of funduary wealth, contained in the funduary books of the same authority of funduary books, auctioned at once, will be passed in the indestulation order with the observation that, in how much the distribution of the price would be made suddenly, the receivables, whose total indestulation can be done and besides a proportional distribution, will be indestulated from the proportional purchase price. -This rule also applies to mortgage claims, which encumbered the portions of several co-owners in a common building. And if the claim secured by the mortgage also strikes on another immovable property in the auction, or also on an unsolicited portion of a common building of another co-owner, from the purchase price will indestulate the creditor, according to his will, in whole or in part. Posteriori mortgage lenders have the right to repurchase, with cash payment, until the price distribution, the claims of previous mortgage lenders. If several mortgage lenders want to wear out this right, the priority is due to creditors in the order of inscription in the funduary book. But, the mortgage lender with posterior inscription, can capitalize on its right of redemption and against the previous mortgage lender, if it redeems it and its debt with cash payment. The mortgage lender, which has redeemed any claim, enters into the claim redeemed in the rights of the creditor. The Law on the liquidation of agricultural and urban debts of 7 April 1934 provides: Article 16. -If, following the final adjudication of any of the assets of a debtor, subject to the provisions of this chapter, creditors with reduced claims, based on the law, would come into competition with creditors, not entering the provisions of the law, or provided for Chapter III, and when the price of the adjudication would not be sufficient to cover the total amount of the reduced and unrealized receivables, then the creditors with reduced claims will be entitled to value at the painting, their claim, for its full amount, without holding The legal cuts. If following this distribution, it would be assigned to these creditors an amount that would exceed the amount of their claim, as reduced by law, the surplus will be distributed among creditors with claims not taken, according to the rights of each. The provisions of this article also apply to the distribution paintings provided by art. 24 24 and 27 of the law, as well as any other distribution of amounts coming from the pursuit of the debtor's estate. + Article 191 If on the tendered property is intabulat in one's favor the right of use, the purchase price, the respective point of this price, which remained after the indestulation of previous creditors, will be recorded in the court deposit or will capitalize under art. 202, and the interest income must be released to the usufructuary. In the case of another servitude, if the building was auctioned in accordance with art. 163 without the maintenance of the servitutes, it will be considered in the reckoning, in the amount claimed by the creditor: the amount payable as equivalent of the servitude, and in the case of an lease or unabated rental, the amount of compensation claimed by the tenant or tenant for the termination of the tenancy report. The same rule applies in the case of registered stipulations, in respect of their cash equivalent. Claims with an indefinite amount, for the insurance to which it was intabulat or prenoted according to the regulation of funduary books a maximum amount, will be counted with this maximum amount, and the receivables provided by the registration of a guarantee, will be past in the reckoning, with the amount of the guarantee that has entered. I enter as much as the auctioned property is registered as receivables, by the conclusion ordering the opening of the series, the creditor will be warned, that, as I am not present at the debauchery and would not make the calculation of the claim, it omits from the order of Serial. The conclusion is communicated to the creditor's own hand, without citation by publication, and if the delivery cannot be carried out, the curator will be appointed. + Article 192 They will meet in the serial rank of capital due to mortgage creditors, also in the serial rank of the capital of privileged positions, seriate according to point b) of art. 189 189: a) Interest rates, outstanding for a time no longer than three years, counted retrograde from the day of the auction; ... b) Interest rates that flow further and after the auction day. ... If the percentage in the inscription in the funduary book is not shown, it cannot be the series a dobinda of more than six percent. The costs of the process and the expenses, not admitted among the privileged positions, arising with the representation of the execution and the distribution of the price, can be series in the same order of priority as the capital only then, when, until competition of the amount that serves as a guarantee to cover expenses, the right of mortgage was also entered, but also in this case only then, if these expenses do not exceed the amount stated. -In fact, the expenses will be indestulated in the serial rank of their intabulation and if such intabulation does not exist, after all mortgage receivables have been indestulated, possibly with a proportional reduction, from the rest of the purchase price. For the mortgage lender, which, although quoted, does not show up for the distribution of the price, only the capital in the inscription shall be taken into account. Mortgage receivables producing interest, not yet present on the day of distribution of the price, will meet with an amount, to which, adding a interest of 6%, would correspond to the maturity of the capital intabulat or prenoted. On loan derivatives, deriving from the loan, to which the capital is depreciated, interest and possibly other accessories, in equal installments, in a certain number of years, which include the depreciation of capital, interest and possibly other accessories, to which it is shown this nature and in the intabulation of the funduary book, it can be exempted the series of interest and possible other accessories from the bond, in the order of priority of capital, only in so far, that the amount claimed with the title of capital and accessories would be greater than the capital intabulat and the percentages shown in this intabulation, and if the percentage was not shown, if it were higher than a 6% interest rate, counted for three years. Art. 192 is amended by the decree-law for the establishment of interest rates and the removal of the chamber, published in the Official Gazette 102 of 5 May 1938. --See art. 1 of this decree-law, on page 31. + Article 193 If the annual annuities are met or pre-noted, the outstanding amount for the three years before the auction day will be filled from the purchase price, and for the coverage of the annual rates that will become due in the future, it will pass in reckoning and the necessary capital will be fruitful, according to the agreement of the parties. If, in this regard, no agreement has intervened between the parties, the proposals made decide the court. The capital placed may be used for the indestulation of the trailing claims only after the obligation for the payment of the annuity has ceased. + Article 194 The opening of the series leads the judge delegated and drains about this a minutes, in which the opening of the opening is shown. The opening is started with that, it is counted approximately: the amount of the purchase price recorded in the court deposit and the one not yet paid by the buyer, together with the current interest rates and mention is made in the minutes of the result of this Reckoning. After this, listening to those interested, the receivables are counted, that is established the draft payment order. In this project, the positions counted, under current numbers, without consideration to any exceptions, but in such a way, to register in the separate heading the non-exceptional positions and also in the separate heading the exceptional positions, and in the case of partial exception, the exceptional part in the heading of the exceptional positions. The reckoning is continued until then, until the entire purchase price is exhausted through the non-exceptional positions, or until all mortgage receivables are counted. + Article 195 After the making of the reckoning is over, the judge listening, in respect of each exceptional position, those who make the exceptions and those with contrary interests, records their statements to the minutes, with reference to any evidence, and forward without delay to the card authority the minutes, signed by the dance and the parties. + Article 196 The funduary card authority is obliged to establish the order of indestulation on the basis of the minutes presented, in such a way, to be completed at the latest 15 days, counted from the day of the opening of the series, in order to be exposed to the sight interested parties. The order book authority shall settle the exceptions regarding the privileged positions set out in point a) of art. 189, always, and as a rule and exceptions regarding mortgage claims, which refer only to the issue of the serial rank in the funduary book, based on the minutes presented and after the funduary book situation, without guidance at the trial. But, if the exceptions regarding the serial rank in the funduary book cannot be settled on the basis of the funduary book, one of the parties with contrary interests will refer to the action, giving it a fixed term. With regard to taxes and fees announced as privileged positions, the funduary card authority shall decide only on the question whether or not the taxes and fees in the painting are serialized among the privileged positions according to art. 189 and in this regard, if it believes necessary, it can guide the tax authorities to serve more thorough information and data. In terms of the amount of taxes and fees, those interested can address themselves with remedies of law to the competent tax authorities, according to the rules in force. Decree-law for the tax procedure code, published in the Official Gazette no. 78 of 1 April 1942, has: Article 324. -The courts will communicate to the ex officio any painting of the distribution of any amount of money, to the composition of which the tax was quoted. + Article 197 If the debtor has exempted any mortgage claim or the veracity or the amount of any claim listed in art. 189 point c), the creditor must be guided to the trial, if it does not prove that he is not able to prove that his claim is established by the sentence raised by law or by court, or that it is based on an authentic instrument, enforceable according to the law without a prior procedural procedure, or that is pending trial. Also, the creditor must be guided at the trial and then, when the claim counted according to art. 191 191, either by the debtor or by another mortgage lender. With the exception of these cases, when exempted by another mortgage creditor a claim not established by the high sentence of law or transaction, or a claim that is not based on a genuine, enforceable act according to the law without a prior to the procedural procedure, but recognized by the debtor, the creditor who raises exceptions will be referred to the process. And if the claim is established by sentence raised to the value of law or transaction, or is based on an authentic, enforceable act according to the law without prior procedural procedure, exceptions may be considered only then, if those what they raise them have made verosimile that, the claim has ceased entirely or in part, following factual circumstances arising after the date of the high sentence of law, transactience or authentic instrument. In this fact that, whether the exceptions are raised by the debtor, or that they rise by the creditor, those who exempt must be referred to the process. The one guided to the trial is obliged to submit action to the competent court in a fixed term of 30 days, counted from the rise to the right value of the conclusion and to announce the submission of the action of the funduary card authority, in the same term. If the validity of an inscription in the funduary book is exempted, the one who raises the exception will be guided to the trial. However, against the validity of the inscription in the funduary book can raise exceptions only that, which in accordance with the regulation of the funduary books has the right to do action. + Article 198 If those who make exceptions show that, the renewal action (revision) or the annulment procedure against the sentence by which the exceptional claim was established, if it justifies a danger (art. 42 42), may claim that the exceptional amount should be kept in the court deposit until it is settled by high court decision to the amount of law that is pending. + Article 199 Against the conclusion of the series, given by the funduary card authority, there is an appeal (recourse), which must be submitted within 8 days, counted from the fulfillment of a period of 15 days, from the day of drawers, and if the second instance of changed the conclusion of the first instance, takes place further to the third instance, within 8 days of communication * 89). The appeal (recourse) has suspensive effect in so far, incit until its resolution cannot be done the indestulation of receivables, whose indestulation from the purchase price depends on the decision that will be given on the appeal (recurrence) * 90). --------------- * 89) In the Hungarian text it is called, both the first-degree remedy and the second-degree remedy: [...], a word I have translated, when it comes to a first-degree remedy: "appeal (recourse)" and when it comes to a second-degree remedy: "" appeal ". See in this regard the note in relation to art. 40 of Law LIV/1912, from pag. 24-25. * 90) Under appeal (recourse) must also be understood the second degree of attack, which we have translated with "appeal". See note 89. + Article 200 After the expiry of the term of appeal (recourse) the funduary card authority has ex officio to indestulate the claims, the acquittal of which does not depend either on the possible appeals (recourse) submitted or by the guidance at the trial. With this occasion, the funduary card authority shall determine, according to the positions, the amounts that must be kept in the court deposit until the fixed term for the submission of the process, respectively until the resolution with the right value of the the process that started, or until it is concluded on the call (recursion). To the extent that one or another of the exceptions will be resolved, by decision raised to the value of law, or by the expiry of the fixed term, namely by the fact that it amounted to the value of right the decision given by the superior court on the appeal (recursion), the further payments will be made by the funduary card authority, from time to time. + Article 201 Payment is made, as a rule, in such a way that, it is ordered to the one in law amount from the deposit. For this purpose, the entitled person is obliged to present to the card authority the original document, in as much as he would not have presented it at the opening of the series, on which the payment will have to be noted. The payment made by ordering is noted on the original document and if, by payment, the document has lost its value, it is issued to the debtor, and otherwise, it is returned to the creditor. If it is ordered on account of any creditor, as partial acquittal, the rest of the purchase price, without being able to determine the amount, which remains after the indestulation of the other claims, established in determined amounts, which are paid, in the court deposit, the perception will be directed to report to the funduary card authority, after the payment has been made, the amount of this rest, in order to note the depreciation. As far as the circumstances claim, the order book authority may order to make the payment of the claims, in whole or in part, by a delegate of its own, at a time fixed for that purpose, or in more important cases, by a notary public, entrusted for this purpose; counting the latter's taxes among the privileged positions. + Article 202 On account of the creditor, whose claim was exempted unfounded, those who exempted it, are jointly obliged to pay the difference of interest, according to the amount of deposit, which is due to the creditor. The creditor has the right to capitalize this right in the process started according to art. 197 197, or by separate process. If it exempts the debtor receivable, the creditor can claim to account for this difference of interest for two years and writing in the rank of his claim, to be provided by consigning in the warehouse. And if the exception arises from any other creditor, the creditor, whose claim has been exempted, can claim through the minutes trained about the opening of the series, that those who exempt, assure them, the difference of interest and process expenses, according to art. 42, after which, the judge directs, by concluding the date with the occasional series of series, those who exempt, to submit a bail, which will be determined on the basis of judicial assessment. Against this part of the conclusion no remedy of law takes place and if those who have raised the exceptions do not record the bail, within 8 days, counted from the delivery of the conclusion, the amount established in the order of seriere, shall be ordered, at the application of the rightful one, without regard to the guidance at the trial. In another respect, interested parties have the right to invoke themselves, as the amount that serves as a cover for the exempted position, to capitalize, instead of a court deposit, to any financial institution, which the Danes will choose, or to release any interested, possibly after providing a guarantee from him. If the action put forward by the creditor who raised exceptions is evidently found, following the guidance at the trial, the one who raised exceptions, is punishable by a fine up to 10,000 lei * 91). ------------- * 91) In the Hungarian text was 500 floreans equal 1,000 crowns, the amount that increased to its tenfold, based on the law on increasing the figure of the fines and the way of their collection, published in the Official Gazette no. 279 of 25 March 1923. + Article 203 In the case of an execution to be carried out on unregistered buildings in the funduary book, in the application for execution will be described exactly the buildings and it will be shown that, the following is in the possession of the goods in question. In order to carry out the execution, the funduary card authority, which delegates a portarel, will also be notified in this case, in order to conscribe on the spot and take the building under seizure. With the occasion of the procedure from the site, the accessories of the buildings will also be recorded and both these and the buildings themselves, will be evaluated through two experts appointed ex officio. The priority of the mortgage right is counted, from the moment of seizure. The auction publication will also include the summons, that all those who understand to claim their property seized as property or other right, to submit their share of excinders, and if they claim from the purchase price a indestulation as a matter of priority, to submit their statements of privilege, before the deadline of the first auction, all the more so, because otherwise, their claims are not taken into account. The action of excinders submitted until the first auction period, has suspensive effect on the young auction. In other respects, they are to apply, accordingly to the nature of things, the norms established for the pursuit of buildings registered in the funduary books. If any pursued is due, besides the use of a building, the ownership of the superbuildings on it, without having inscription in the funduary book, and the acquisition of the ownership in the funduary book depends on the performance certain conditions, or subverts a report of law, on the basis of which the rights of pursuits may form the object of a sale and purchase, shall apply, correspondingly with the nature of things, the above rules. + Article 204 The owner, intabulat in the funduary book, has the right to ask at the court of competent funduary books, to have his real estate sold, by voluntary court auction, namely: or in such a way, that the voluntary tender will have mortgage lenders effect the rightful effect of an executive auction, or in such a way, that the tasks remain on the estate and after the auction. This application, in respect of which the provisions of art. 144, must have the legalized signature of the owner or his entrusted, having legalized power of attorney. The order of the tender and the procedure further shall be made according to the rules on the executive property auction, with the deviations established by the following articles. + Article 205 If the tender was requested in such a way, to have the rightful effect of an executive auction, at the request of any mortgage creditor, which will be submitted within 8 days, counted from the delivery of the auction, the tender must be suspended for six months and the new tender term can be fixed only after the six months have expired. Also in this case, the legal effect of the auction note will apply the provisions of art. 142 and regarding the distribution of the purchase price of the auctioned property, the rules for the distribution of the purchase price collected at the executive auctions will be observed. + Article 206 If the tender is required in such a way, to remain the tasks entered and further on the fortune, the owner shall establish himself the tendering conditions and may fix the amount, under which the property cannot be sold at auction. About ordering the auction does not incuse the mortgage creditors and after it amounts to the value of the auction, respective after the tender conditions are met, the right of ownership in the buyer's favor is filed, The tasks entered shall be maintained. + Article 207 The rules of art. 204-206 shall apply also in the case, when ordered, by the court of succession or by the guardianship authority, the sale by auction of any immovable from the succession and for its performance, shall be addressed to the commission rogatory to the funduary card authority. III. EXECUTION, ON THE USE OF BUILDINGS + Article 208 When the pursuit has the right to use, inscribed in the funduary book, on a building that forms the property of another, in the case that it was ordered the execution on this uzufruit, they will apply, regarding the intabulation of the mortgage right executive, justifying the respective prenotaries the notation of the right of execution, the provisions of art. 135 and 136, corresponding to the nature of things. After the execution of the right of executive mortgage, the justification of the respective prenotaries the notation of the right of execution, the funduary book authority orders the implementation of the uzufruct under the executive seizure and taking into account the proposal of the pursuer, appoints sequestration curator and deleaga portarel * 92) for taking over the inventory of the uzufruct put under seizure and accessories, they refer to this purpose the competent court. In the case of several executions, to be carried out at once or consecutively, it will be called one and the same curator. As regards the administration in directing of the usufruct put under seizure or its valorization by lease, it decides, after listening to those interested, the authority of funduary books and gives the sequestering curator the necessary guidance (art. 245 245). Art. 208 is completed by art. 28 28 of Law XII/1908, as follows: Article 28. -Article 208 of Law LX/1881 is completed in the sense that, at the execution carried out on the use of a building, the exemption provided for in paragraph 18 of art. 2 * 93) is due to the following, in respect of the seed, and then, if the collection of the harvest took place within a month from the execution of the uzufruit (paragraph two of art. 208 208 of Law LX/1881). Law on modification and repeal Law no. 230 230 of 11 July 1930 , for the unification of certain provisions on forced execution, published in the Official Gazette no. 179 of 5 August 1938, provides: Article 7. -In case of forced sale of receivables, caught by the roots, it will not be possible to order their sale until after they have been picked. ----------------- * 92) In the Hungarian text: delegate. * 93) Article 2 of Law XII/1908 is quoted in art. 51. + Article 209 The income, which does not consist of money, collected during the administration of the seizure curator, will be capitalized on the part of the seizure curator according to the agreement of those interested, and if no agreement has been agreed, by tender court, after the rules prescribed for the bidding of furniture, with the distinction that, the sequester is obliged to present, for the purpose of delegating a portarel, to that competent judge, on whose territory the object of the uzufruit is located, the list of things to be auctioned and the evaluation book (art. 148) showing their value. The portarel issues the auction publication without notice of claim of rights. The purchase price and the minutes of the auction shall be issued to the sequester against the proof, who is obliged to submit to the funduary card authority, with report, the minutes of auction, the desoarmation and the remaining money, namely, if The executive seizure lasts longer than one year, annually (art. 248-250 248-250, 252). Any current tax, which encumbered the usufruit of the property, will be paid during the execution of the executive seizure by the curator. See the art. 7 of the law for amending and repealing Law no. 230 230 of 11 July 1930 , quoted after the previous article. + Article 210 From the income collected during the seizure, if in the funduary book is not inscribed on the use of the right of mortgage in the favor of another, it shall be paid by the authority of funduing books the applicant's claim and the accessories and the possible rest release the tracker. If another claim is inscribed on the usufruit, before the applicant's claim, it is held by the auctioning book authority to regulate and apply accordingly to the nature of things the norms prescribed for the distribution of the price at the buildings, the distribution of the price is made + Article 211 As far as the ownership of the property is of the following, the pursuer has the right to make execution on the uzufruit, either at once with the execution on the fund, or without it, only on the uzufruit according to the norms of art. 208 208 and 209. About the conclusion, ordering the inscription of the right of executive mortgage or the notation of the right of execution, will be known in this case and the creditors prior to the inscription or notation. The execution made on the usufruct does not prevent the tendering of the property, and if the building is auctioned, the execution carried out on the usufruit has no effect on the pending harvest still on the day of the auction and if the building is rented, on Rent that did not become due until this day. The claim of the stalker, who carried out the execution only on the use of the property, will be the series of the purchase price of the property after the claims of all mortgage creditors. The priority between several such creditors determines the moment when the execution of the execution on the uzufruit was made. + Article 212 In the case of an execution carried out on the uzufruit according to art. 211, mortgage creditors in the favor to whom the right of executive mortgage has entered or has noted the right of execution on the property itself, before reaping the pending harvest or before the rent becomes due, may claim, printr'o petition addressed to the funduary card authority, as the amount collected from the pending harvest or from the rent, not to use for the indestulation of the stalker's claim, but to hold itself in the court deposit for the time being. If the property itself is auctioned, within one year from the collection of the harvest, or from the day of the rent due, the amount collected from the pending harvest or from the rent is added to the purchase price of the property and the purchase price is distributed according to rules of the previous article. In this case, the expenses of the executive seizure are among the privileged positions, from the purchase price. And if the building was not auctioned during this year, the amount recorded in the warehouse is used for the indestulation of the claim of that creditor, who carried out the execution on the uzufruit. + Article 213 If the following has the right to wear fruit on a building, without this right or being inscribed in the funduary book, the execution is carried out on this uzufruit as on the mobiles. However, the usufruit does not form the object of auction and is capitalized, with the proper application of art. 208 and 209, by way of executive seizure. The appointment of the seizure curator and the distribution of the purchase price enter the competence of the competent court according to art. 18. The priority between several such followers is counted after the moment the seizure was carried out. These rules also apply when the execution is carried out-in the case of the last paragraph of art. 203-only on the use of the following. + Title III OTHER EXECUTION GENRES + Article 214 If the object of the execution forms it the surrender of a certain securities or a determined quantity of a certain kind or speta of good mobile, the portarel, after conwriting the furniture wealth or the quantity established from the mobile good with the case determined, declares them seized in the pursuer's favor, raises them from the following or from the one who owns them in the name of the following and provisionally teaches them to the pursuer, against proof. If the object of the execution is not in the detention of the following, the erection and handover can only be done with the consent of the detente. If the object is found under judicial guard, the portarel declares it sequestered in the pursuer's favor. + Article 215 In the cases art. 214, the porter, if he did not appeal against his procedure, after the expiry of the deadline fixed for the appeal, and if he was challenged after having risen to the value of law the court decision approving the procedure, by closing the date ex officio, declares the object of the execution in the pursuer's favor, or if the object of the execution is under the judicial guard, orders it to the following. The pursuer fully acquires the respective right of use as a use of the objects provisionally taken over, according to 214, but its rightful effect begins from the moment of the procedure according to art. 214. + Article 216 Third person, who by execution carried out according to art. 214 feels lezata in his right of ownership or use, can start, before the competent court for carrying out execution, action for the cessation in full or in part of the execution, until the moment of final surrender regulated by the previous article. The action is judged by the rules of the summary procedure * 94) and is solved by sentence. Against the judgment of the second instance, by which the sentence of the first court is approved, no appeal is allowed. If the claimant justifies the merits of his right of belief, the court may suspend the surrender or order of the object of the execution until the effective resolution of the action, without any condition or condition of filing, of a Appropriate cautions (Art. 42 42). The unemployed for claiming rights (art. 89 89) is not necessary. ------------- * * 94) See para. 2 2 and 3 of art. 55 of Law LIV/1912 (page 10). + Article 217 If the execution cannot be carried out according to art. 214 for the reason that, called furniture wealth or the determined quantity of the said gender or the case of mobile things is not in the detention of the following, the portarel is obliged to establish the money value of the object of the execution-as in this There is no provision in the public act underlying the execution-by the intervention of an expert appointed ex officio and is obliged to carry out the execution of insurance on the mobile wealth of the pursuit, until the competition of this amount. After the port report arrives in this regard, if the seized objects do not present full coverage, at the request of the pursuer, the competent court for carrying out the execution is obliged to order the execution of insurance and on mobile or immovable property of the following, which would be in another place, until the competition of the money that was established. Also, the competent judge for carrying out the execution automatically quotes the parties, after the arrival of the report, and establishes by conclusion, after summary dissolution * 95), in case of need after proving with experts, the money value of the object Execution. Appeal (recourse) can be appealed against and if the second instance changes the conclusion of the first instance, appeal may be made to the third instance. After the rise to the right value of the conclusion, the pursuer has the right to demand forced execution on the objects seized with the occasion of the insurance execution or on another estate of the following, until the competition money. ------------- * * 95) See para. 2 2 and 3 of art. 55 of Law LIV/1912 (page 10). + Article 218 If the execution could not be carried out according to art. 214 for the reason that, the third person in whose detention the object is not agreed upon his erection and surrender, the pursuer is entitled, after his election, or to precede against the following according to art. 217, or to exercise his rights by way of separate trial against third-party persons who object to uplift and surrender. + Article 219 If by sentence the pirate was obliged to surrender a certain securities or a certain amount of a case determined by movable property, or to pay their money, in the amount of the sentence it does not contain a provision contrary, the choice is due during the time of fulfilment of the defendant, and after the expiry of this time, the plaintiff. + Article 220 If the object of the execution is a right of property or other right relating to a building, the court orders the unabulation of the right of property or of the real right by the conclusion of the order of execution and refers to this purpose the authority of Funduary books. If the ownership is prewritten in the following favor, or if the process or seizure is noted, the stalker is obliged to show in the execution request the number of the conclusion by which the pregrading was ordered. If, for the transcription of the ownership of the property forming the object of the execution, it is necessary to dismantle any parcel registered under a topographic number, it will be sent to the notified authority the sketch corresponding to the book ordinances funduara, if such a sketch was presented in the course of the process, in which to show the portions of immovable to be opened. The inscription is made on the basis of this sketch, after ordering, in case of need, obedience according to art. 56 point d) of the funduary book regulation. And if such a sketch was not joined in the process, the funduary card authority noticed for carrying out the execution noting the serial rank in which the referral for execution was made, delegates a portarel for the on-site preparation of the sketch. dismemberment, with the intervention of an expert, it addresses for this purpose the commission rogatory to the competent court. In this case, all the data in the process and with regard to the citation of the follow-up to the procedure from the site will be handed over to the carrier. The intabulation of the right of property, in connection with the abnotation, is ordered and carried out on the basis of the report of the portarel, in the serial rank of the application for execution, possibly in the serial rank previously acquired by prescoring, noting his process Seizure. If the execution was also ordered for the introduction into possession (art. 221), the procedure on site will be done at once in both directions. + Article 221 If the pursuer suddenly asks for the intabulation of the right of property or of another real right and his introduction by execution in the possession of the property or of the real right, the authority of funduing books referred for execution, at once with the executive order of intabulation, delegates a portarel to carry out on site the introduction into possession, respectively addresses for the commission the rogatory commission of the competent detour. And if the object of the execution is only the possession or use of any immovable or real right, the court ordering the execution has, with regard to the delegation of the port or the complaint of the respective detour, on the occasion of the execution of the execution. In these cases, all the trial scripts are handed over to the porter, who is obliged to incuse, about the term he fixes on the spot for carrying out the execution, the following or his representative from the trial, by letter recommended, addressed at the home shown in the process, which will be posted at least 8 days before the deadline. In connection with this article the High Court of Cassation has decided: " Given that from the conclusion submitted to the appeal and the documents of the file are found, that at the request of the followers Gulyas Ion and his wife against the defendants Weinberger Coloman and others, the Oradea Urban Court through the Conclusion no. 14.591/1929, orders the execution on behalf of the defendants, delegating to carry out the execution on the portarel of the Court, which presented itself on April 11, 1930 to forcibly evict them from the building, they met on the grounds, that they did not The summons provided by art. 221 of the executive law and which welcome being admitted, called the Court ordered the annulment of the execution carried out, directing the body of the porters to reintegrate the evacuees at the expense of the followers, in the possession of the evacuated rooms. " " That this conclusion was also confirmed by the Tribunal with the completion that the body of the porters was directed to make first the injunction required by art. 221 of the Executive Law, namely after 8 days to proceed with execution. " " Given that the appellant by reason of the I scrapping claims that the substantive courts have made the wrong application of art. 221 of the Executive Law since in the present case not being a real right, reinstatement, it was no longer necessary to issue the notice provided by this text. " " Considering that from the categorical provisions of art. 221 of the Executive Law results, that the summons about the term fixed for carrying out the execution, must be sent to the executor at least 8 days before, in all cases when the introduction to the possession of the property or the real right is required. " " Having in mind that in the present case as follows from the works of the file, the court book of the Urban Court that was to be executed, had to object the evacuation from the rooms of the building in Oradea from Str. General Holban of the defendants Weinberger Coloman and Markus Francis. " "As in the device of this decision it is categorically stipulated that the defendants are obliged to evacuate the property in 30 days counted from June 7, 1929, under the sanction of forced execution, without consideration on appeal." " Given that by the very device of the border, the defendants being ordered to evacuate the building within 30 days, by the passage of this time frame they were put into delay and therefore a new injunction was no longer necessary, so the portarel had to be to carry out the execution without giving them a new term, as the defendants were deprived of this benefit. " "" Like, but, only the wrong interpretation of art. 221 of the Executive Law decided the substantive courts as in the matter of eviction, when in the very hatching to be executed the notice of the evacuation of the property in a fixed term is provided, the summons from the port side is still necessary. " "As this is the reason, finding itself founded, the appeal of how much is admitted, without entering into the discussion of the other reasons, and the decision-making, is to be rejected." (Cas. S. II. Dec. civil No. 336 of May 27, 1932, Sever Andru: Jurisprudence Summarized, vol. II Oradea. 1936, p. 467 467). + Article 222 Amended by art. 49 49 of Law LIV/1912, as follows: Article 49. -Article 222 of Law LX/1881 is replaced by the following provisions: If the object of the execution is a work or other performance, the pursuer may ask, by the request for execution, that the following be constrained to it, by a proportionate fine, fixing it accordingly. The fine fixes the judge by concluding the execution order. In case of non-performance of the work, following a new request of the pursuer, the forced execution will be ordered for the collection of the amount, on the furniture and buildings of the following. If this procedure is without result, and even without this procedure, the pursuer can ask for execution in order to collect the cash value of the work. Regarding the establishment and collection of the value, art. 217. Paragraph intaiu must apply properly and then, when the stalking is obliged to tolerate or cease something. In the summary processes of reposition and for the restoration of the borders, the court may take the measures contained in the paragraph even by its provisional provisions for the defense of the possession (art. 580 Code civil procedure). Provisions of art. 219 will also apply in cases of execution regulated in this article. + Title IV INSURANCE PROVISIONS I. EXECUTION OF INSURANCE + Article 223 Amended by art. 50 50 of Law LIV/1912, as follows: Article 50. -Article 223 of the Law LX/1881 is replaced by the following provisions: Suddenly with the submission of the action, or after the submission of the action, the insurance execution takes place: if the object of the action concerns the payment of a claim in the amount determined by the money and the claimant proves the existence, amount and maturity of the claim authentic or private act drawn up in accordance with art. 317 Code civil procedure, or with cambie, commercial warrant, receipt or cheque, which in accordance with art. 606-620 Code civil procedure can be carried out by way of payment mandate and if it also shows the verosimility of danger. Also, the execution of insurance takes place, in case the danger is made verosimil, based on a sentence of the civil court, which obliges to a determined the amount of money, before the expiry of the term of fulfillment. See, for criminal cases, Title VI, Chapter VI (Art. 120-123) of the Code of Criminal Procedure. The decree-law for the Fiscal Procedure Code, published in the Official Gazette No. 78 di 1 April 1942, provides: Article 319. -The state is in the right to take any insurance measures through seizure, attachment and mortgage inscriptions, to guarantee its rights, without being indebted to the record of any bail. If it is not a debt instrument of those provided for in this Law, all such insurance measures will only be able to take place on the basis of legal action on the merits of the claims. Furniture and real estate insurance measures can be appealed against, according to the present law. Art. 320. -Any tracking and insurance measures taken by the tax, will be maintained with the title of insurance measures, based on the appeal declared by the tax office, even if the court rejected its claims, formulated by way of tracking, minutes of offence or direct action. The decree-law for the organization of the Romanian Law Corps, published in the Official Gazette No. 205 of Septemvrie 1940, has: Article 160. -Based on the convention written by the honourable, lawyers will be able to obtain, without bail, the insurer seizure or attachment on the wealth of their debtors. The law for the establishment and organization of labor jurisdiction, published in the Official Gazette No. 38 of February 15, 1933, provides: Article 65. -In urgent cases, the President may take any protective or useful measures, either on the worked items provided for in the complaint, or on tools, machinery or materials belonging to one of the litigating parties, and may order their refund. In law. The law to ensure payment of the work carried out, published in the Official Gazette No. 91 of April 21, 1931, has: Art. 26-The President of the Commission will also be able to order before the trial of the fund, any insurance or useful measure: either on the objects worked or on the tools, machines or materials of the small industrialist, and may order teaching them, if they are retained by the customer, in the reception of the small industrialist. + Article 224 Amended by art. 51 51 of Law LIV/1912, as follows: Article 51. -Article 224 of the Law LX/1881 is replaced by the following provisions: On the basis of sentence, which obliges the payment of a claim in cash, also on the basis of a payment warrant issued pursuant to a bill, commercial warrant, receipt or cheque (art. 606-620 Code civil procedure), after the expiry of the term of fulfilment, the execution of insurance takes place, if the obliged party has appealed the decision within the legal term, by opposition or appeal with suspensive effect respectively with exceptions. Law LIV/1912: Article 52. -If the court has fixed by sentence that obliges to pay a claim in cash, a term of fulfilment shorter than the term of appeal or opposition and if it has not declared the enforceable sentence without consideration to the appeal, the execution of insurance already then, if the convicted party does not execute the sentence within the period of fulfilment fixed by sentence. + Article 225 Until the competition of rent or lease amounts due, but outstanding for a time no longer than two years, at the request of the lessor, without justifying the verosimility of any danger and the amount of the claim, the execution of insurance will be ordered on furniture that is located in the rented rooms and on products, economic installations * 96) and cattle * 97) that are on the leased property, if the housing report proves with written contract or otherwise. -------------- * * 96) In Hungarian: "[...]". * 97) In Hungarian: "[...]". With the same condition, it will be ordered, at the request of the tenant, the execution of insurance on the same objects, for the insurance of the arene, which will become due in the proximal semester * 98), if it is justified that, the claim is endangered. -------------- * * 98) In Hungarian: "[...]" + Article 226 In the cases art. 223, 224 and 225, if the object of the execution is not cash, but a determined quantity of a certain kind or mobile good case, also the execution of insurance takes place, besides the conditions there shown, for the probable cash value of the object of the process. In this case, the applicant is obliged to present, in addition to the request, the data from which the probable consideration of the trial object can be found. + Article 227 Against officiants, officials and members of the governing bodies, charged with administering money and assets to the State, funds and public foundations, counties and communes, the insurance execution for insurance will be ordered. claims deriving from their management and without justification for the submission of the process and the existence of the danger, whether in the address of the competent State, county or common authority, the cash claim or the cash value of any other claim is specified what is to be ensured. Art. 227 is amended by art. 21, 195, 196, 224, 225 and 226 of the Law on public accounting and on the control of the budget and public patrimony, published in the Official Gazette No. 157 of July 31, 1929, as follows: Article 21. -The handlers of money, values or public materials, will not be able to be downloaded by the lack found on them, invoking verbal orders, written orders or receipts from different officials, or even higher in the degree. As unloading acts for money and values will be received only the ordinances or payment mandates and the official recorders given in accordance with the provisions of the present law; and for the materials, the acts provided in art. 187 187 of this law. Officials who will give orders to pay, or receipts, either for amounts received for personal interest, or for the purpose of justifying the shortcomings of those charged with handling money, values or public materials, will be punished both with These. Handlers of money, values or public materials, found in the deficit, will be constrained, by the application of the tracking law, that, based on the minutes trained by financial inspectors, the heads of the respective authorities or their delegates, to spill provisional amounts found missing, without judgment. Based on these minutes, mortgage inscriptions on real estate wealth will be taken immediately and any mobile wealth will be seized. Article 195. -The officials charged directly and specifically with the supervision of the handlers, the accountants and with the control of their operations, are responsible for any deficits that would not cover and which would come due to the lack of verification or control. In such cases, the Ministry will fix a reasoned decision on the total or part of the deficit that the official is responsible for. Against the ministerial decision, the Court of Auditors will be able to appeal within two months from the communication of the decision. The Court of Auditors will permanently state, after the citation and hearing of the parties, with the right of appeal, according to the organization law. Art. 196. -If by the same ministerial decision several verification and control agents are jointly convicted and only one of the parties appeals, the Court of Auditors will call ex officio, all those who appear in the sentencing decision, as well as the administration that pronounced it, and by the decision that will give, will definitively state on the responsibility of the entire deficit that was found, thus establishing the liability side of each. Article 224. -Any public official who, by following the provisions of this law, by committing or omission, intentionally or not, would cause damage to the State or any public administration, is obliged to repair it, independently of the penalties to which it is could be subjected to it. Article 225. -Ministers can refer to the Court of Auditors, through the prosecutor of that Court, any public official who contravenes the provisions of this law and its regulation. The Court of Auditors may also refer itself to the judgment of the deviations found on the occasion of its own control. The directors and heads of service who in the exercise of their function would find out about any fact, which could give place to liability, in accordance with the provisions of this law, are obliged to inform the respective minister, by report confidential; contrary to the penalties provided for in the following article, para. 1. Art. 226. -The Court of Auditors notified, after hearing the accused official, finding the irregularity or deviation, on the one hand, will be able to condemn the guilty, by reasoned decision, to a tax fine equivalent to his total salary, from 15 days up to a maximum of 4 months; on the other hand, he will be able to ask for his referral to the disciplinary commission, to decide if it is not the place to apply any of the disciplinary penalties, in accordance with the provisions of the Staff Regulations Public. In case of serious or repeated misconduct, the Court will order the sending of the culprit to the judgment of the discipline commission, to decide if it is not the place to be removed from operation. Osebit by this Ministry or public administration will condemn the guilty, by reasoned decision, to compensate the State or public administration of damage suffered, outside only if it were not found to have worked from the order signed by the minister or his delegate. The decisions of the Ministry or of the public administration are appealed to the Court of Auditors within 2 months from the communication of the decision. The conviction will be proportional, taking into account the duties and fault of each, when several officials will have competed at the deviations from this law. + Article 228 The application for the ordering of the insurance execution shall be submitted, as a rule, to the court of the trial; 225, the execution of insurance can also be required at the detour court, in the constituency of which there are the mobiles to be seized. In case of art. 227, the address will be made to the detour court, to the insurance executions to be carried out on mobile and to the funduary court, to the insurance to be carried out on the buildings. If the insurance execution is to be carried out on mobile and immovable property, it is competent to order the execution of the funduary court insurance. In the case of an insurance execution, to be carried out in the constituencies of several funduary courts or detour judges, the right of choice is due to the one who asks for insurance. + Article 229 The application or address for ordering the insurance execution is solved without listening to the opponent, who is unconscious about it, on the occasion of carrying out the insurance execution, and if the insurance execution is done only on the buildings, when the ordered execution. As the order of the insurance execution is pending by showing the verosomility of a danger, the execution of insurance will be ordered, either without condition or provided that the one who asks for the insurance, is obliged to file before performing insurance execution, a cash bail or in good effects for bail (art. 42 42), which will be fixed by the court by appreciation. In case of art. 226, the amount up to the competition to which the execution of insurance is ordered, shall be determined by the court by assessment, taking into account the data to be presented. + Article 230 The execution of insurance is carried out, on mobiles, by application of seizure and evaluation according to the norms shown in this law, and on the buildings, by pregrading the right of mortgage. In the case of the last paragraph of 225, you cannot order the relocation of seized items. For the purpose of pregrading the right of mortgage, the funduary card authority is notified. The rightful effect of the insurer seizure and the assessment is identical to the rightful effect of the seizure and the evaluation of the forced execution. The rightful effect of the pre-grading of mortgage law is judged by the rules existing in this direction. The expenses of the insurance execution are obliged to advance them that requires the execution of insurance. These expenses, in as much as the execution of insurance would not dissolate according to art. 234 or 235, or following an appeal (recourse)-and as in the basic process it would not be decided otherwise,-it bears the one against which the execution of insurance was carried out only then and only in the proportion, if and in how much it was obliged to bearing the expenses. The execution of orderly insurance on the mobiles will be carried out in 30 days, counted from the day on which the conclusion of the stalker was handed. In case of the opposite, the conclusion loses its effect. + Article 231 That, against which the execution of insurance was ordered, has the right to record at the court the amount to be insured, in cash or in good effects for bail (art. 42 42), which if it fulfils, the execution of the insurance conclusion must be terminated, the dissolution of the insurance execution that was carried out on mobile, or the deregistration of the right of mortgage, must be ordered ex officio. The same will be done when the parties have agreed to give guarantee by guarantor, pledge or insurance in another way. + Article 232 That, against which the execution of insurance was ordered, can declare appeal (recourse) against the conclusion of ordering the insurance execution, in the following cases: a) If the insurance execution was ordered contrary to art. 223 223-228; ... b) If the claim was fully covered, before the insurance execution was ordered. ... If you join the call (recourse) new documents, or if from the content of the call (recurrence) presents itself as necessarily necessary, before submitting the scripts, the opponent will be heard. + Article 233 At the request of any of the interested parties must order the sale by auction of the mobiles seized by way of insurance execution, if their preservation is possible only with a considerable depreciation or with unproportionally high expenses in ratio with value. In this case, the provisions of art. 104 104, properly. + Article 234 If for the claim is pending trial, the orderly and performed insurance remains in the being until the resolution by the jurevalid decision of the process and cannot dissolate even if it was rejected by the lower courts, by the sentence unsecured to the value of law, the action of the party that asked for the insurance, or if the higher court disolva, annuls and orders the additional procedure or changes, by sentence not yet idly to the value of the law, the sentence on which the order was ordered execution of insurance according to art. 224. If, by the high sentence of law value of the higher court, the sentence was entirely annulled on the basis of which the execution of insurance was ordered, together with the whole procedure, or if the pirate was acquitted of under action by the high sentence at the right value of the higher court, the execution of insurance must be dissolved. Art. 234 is amended by art. 53 53 of Law LIV/1912, as follows: Article 53. -Instead of the dissolution or cancellation of the sentence in the first paragraph of art. 234 of the LX/1881 Act and instead of the cancellation in paragraph two of this article, it must be understood to remove the sentence from force. + Article 235 In case of art. 225, if with the occasion of ordering the insurance execution the process has not yet been started, the party that claims is obliged to start the process within 30 days, counted from the delivery of the conclusion of ordering the insurance execution, in question in the last point of art. 225, from the day of maturity; otherwise, at the request of the opponent, the execution of insurance shall be dissolute. In case of art. 227, the authorities there listed are obliged to start the process against the official, official or member of the management body, before the competent judge, or to start the procedure according to the existing norms before the competent authority, or to make the criminal denunciation, within a fixed period of 30 days, counted from the delivery of the conclusion of the order of insurance; otherwise, at the request of the opponent, the execution of insurance shall be dissolute. The action submitted or the procedure started after the fixed term of 30 days, does not prevent the dissolution of the insurance execution even then, if the disolation was requested after the start of the process or procedure. If the party that asked for the insurance did not justify starting the process or proceeding with authentic act, following the request for dissolution, it is ordered to listen to the parties and if the party that asked for the insurance, does not justify, with the occasion of the dissolution or printr'o the declaration made before, that it has submitted the process or procedure within the fixed term, the execution of insurance must be desolated. In case of dissolution, the party that asked for the insurance will be obliged to pay all the expenses that arose. + Article 236 That, which makes the execution of insurance to cover an obviously unfounded or terminated claim, is responsible for all damages caused by it and in addition, at the request of the party who suffered the insurance, can be ordered to pay a fine up to 10,000 lei * 99). -------------- * 99) In the Hungarian text it was 500 floreans equal to 1,000 crowns, the amount that increased to its tenfold, based on the law on increasing the figure of court fines and on the way of their collection, published in the Official Gazette No. 279 of 25 March 1923. As far as the compensation claim was capitalized, by way of counterclaim, in the process for the basic claim, on it it decides the court of the trial, at once with the main process. In other cases, the action must be started at the court that ordered the execution of insurance, within three months, counted from the rise to the right amount of the acquittal sentence, given in the basic process, or the conclusion by which it was ordered the dissolution of the insurance execution, which is judged, by the nature of the procedure, by summary or protocol * 100), and is solved by sentence. -------------- * * 100) See para. 2 2 and 3 of art. 55 of Law LIV/1912 (p. 10 10). In these cases, it is judged and solved, at once with the pretence of compensation, and the issue of conviction to fine. When only the fine is required, the application must be submitted, within the three-month period shown above, to the court that ordered the execution. The court, after listening to the parties by summary or protocol * 101), decides by conclusion. The call (recourse) against the conclusion has suspensive effect. -------------- * * 101) See para. 2 2 and 3 of art. 55 of Law LIV/1912 (p. 10 10). Before the expiry of the three-month period and if within this period the compensation process was submitted or if the procedure for sentencing to the fine was started, until their fair resolution, the bail recorded according to art. 229, cannot be returned. II. SEIZURE + Article 237 There's a seizure: a) before the proceedings are brought forward or in the course of the trial, whether the object of the claim is a good or a determined right, and whether, that which requires seizure, it justifies its right to the possessor, by authentic instrument or by act by force of evidence full and also shows that, without the application of the seizure, the exploitation of its right is endangered; ... b) modified by art. 54 54 of Law LIV/1912, as follows: ... Article 54. -Point b) of art. 237 of the Law LX/1881, is amended in the sense that, the seizure takes place: b) on the basis of a sentence of conviction, the date in a lawsuit filed for a determined thing or right, whether the pirate has submitted opposition or appeal * 102) with effect on the execution. ... -------------- * 102) In the Hungarian text: "[...]". But if the court has fixed for fulfillment a shorter term than the term of appeal or opposition and not declared the enforceable sentence without consideration to the appellate, it takes place seizure and then if the obligated party does not execute the sentence within the time limit of fulfilment; c) in cases of art. 227, if a certain good or a determined right is claimed; ... d) if the possession of any movable or right property becomes litigious and cannot be established, who is in the legal possession, or who is entitled to the judicial protection; ... e) in the course of the case brought for the termination or termination of a lease agreement, if the tenant refuses to re-receive his lease; ... f) at the request of the mortgage creditor, with the claim intabulated on any immovable, on the mortgaged property and its accessories, if it justifies the mortgage creditor that it has submitted action for its claim the owner, resulting in a significant lesion of the substance of the property or a depreciation thereof and thereby jeopardises the guarantee offered by the mortgage. ... If the right of mortgage is intabulated with the effect of right pending by the justification or non-justification of the pregrading of the property right, the order of the seizure cannot take place. + Article 238 The application for the order of seizure shall be submitted to the court of the trial, in the states of points b) and e) of art. 237 unconditionally, and in the case of point a) when the process for objects to be taken under seizure is started or if it starts at once with the submission of the seizure request. In case of point a) of art. 237, if the seizure is required before the process is submitted, also in the cases of points c), d) and f) of art. 237, as the object of the seizure forms a movable or a movable property, the application or the seizure address is submitted to the funduary court or to the detour court in whose constituency the seizure is to be carried out. If it is intended to carry out seizure on mobile and immovable, for ordering is the jurisdiction of the funduary court. If the seizure is to be carried out in the constituency of several courts and several detour judges, the right of choice is due to the one who asks for the seizure. + Article 239 The application or the seizure address shall be solved in the cases of points b) and c) of art. 237, without listening to the opponent, and in the cases of points a), d) and e), as a rule, after listening to the opponent. In the latter cases, as from the delay there would be danger, the seizure can be ordered early and without listening to the opponent; however, it is fixed at the same time the term for listening to the parties and then, it is decided by concluding, maintaining Anticipated seizure, or his disolation. The call (recourse) against the conclusion of disolation of the ordered seizure with anticipation, has suspensive effect. In case f) of art. 237, the seizure can be eroded only after listening to the opponent and in case of need., after a prior proof procedure. About the ordering of the seizure is known the opponent, of the object, with the occasion of the seizure, and if the seizure is carried out only by scoring in the funduary book, with the occasion of the release of the conclusion of ordering the seizure. In cases a) and f) of art. 237, the seizure is ordered either without the condition or provided, that the one who asks for the seizure, is obliged to file, before the seizure, a cash bail or in effects declared good for bail (art. 42 42), which will be fixed in court, by appreciation. + Article 240 If the seizure was ordered only to ensure any ownership of a building, the performance is made without appointment by the seizure curator, by noting the ordered seizure in the funduary book and in this case, the authority of Funduary books. However, at the express request of the one who asks for the seizure, the court can also order in these cases the conscription of the accessories and their giving in the administration of a seizure curator. The seizure, which was ordered on some mobile or the right to use a building, is done on the spot, by conwriting the object to be taken under seizure, by assessing it and introducing a sequester curator. The sequester shall appoint him the court that orders the seizure, following the proposal of the parties, or if the seizure was ordered without hearing the parties, on the proposal of the one requesting the seizure. The sequester will be appointed a person, who will present sufficient material security and be reliable, keeping in mind, that the domicile and the situation of the seizure curator, do not have as a result the pointless increase of taxes and Curator expenses. As the seizure is to be carried out in the constituency of another judges, the court that orders the seizure may entrust the appointment of the sequester to the court seised for carrying out. + Article 241 In the cases of points a), b), c), d) and e) of art. 237, the seizure has the effect of law that, the third parties cannot acquire rights to the object of the seizure, at the expense of the one who requested the seizure, at the buildings, from the moment of arrival of the rogatory commission for the making of the notation in the funduary book in case of seizure carried out on mobile at the spot, from the moment of performance. + Article 242 In the cases of points a), b), c), and d) of art. 237, as the movable property taken under seizure can only be kept with a considerable depreciation or unproportionally high expenses in relation to the value, it must be auctioned according to art. 104 104. In this case, the one against whom the seizure was ordered, has the right to record at the court the value of the object of the seizure, in cash or in good effects for bail (art.42), which if it fulfilled, the seizure dissolates from Office. The same will be done then, when the parties have agreed to give guarantee, pledge or insurance in another way. The value to be ensured, if the parties have not agreed in this direction, shall establish the court that ordered the seizure, in case of need, after listening to experts. + Article 243 Against the conclusion by which the seizure is ordered, the part in which the seizure was ordered, may declare appeal (recourse) in the following cases: a) If the seizure was ordered contrary to art. 237 237; ... b) If the object of the process, respectively, the mortgage creditor's claim, was completely secured before the seizure was ordered. ... If any new document is joined on appeal (recourse), or if the content of the call (recurrence) is presented as necessary, before the script is submitted, the opponent must be heard. As regards the duration and dissolution of the seizure, the provisions of art. 234. + Article 244 If, in the cases of points a) and d) of art. 237 And when the sequester was ordered, the trial was not set up, nor did it go out at once, for the object of which the seizure was ordered, the part, at whose request the seizure was ordered, is bound to proceed to the trial at the court of law. competence, within a period of 30 days, counted from the day of delivery of the conclusion of ordering the seizure; otherwise, at the request of the opponent, the seizure shall be dissolute. In case of point c) of art. 237, the process will be started, before the competent judge, within this period of 30 days, or the procedure will be started before the competent authority according to the existing norms, or the criminal denunciation will be submitted; otherwise, at the request of the what seizure, seizure should be desolate. In fact, as regards the disolation of the seizure, the provisions of art. 235, and in respect of responsibility arising from a seizure required on the basis of an obvious non-existent or ceased right, the provisions of art. 236. In case of point e) of art. 237, will dissolve the seizure after it has been resolved, by the high sentence of law value, the process started for the termination or termination of the lease contract. In the case of point f), of the same article, the seizure will be dissolved ex officio, if the claim of the one who requested the seizure was removed or if, in the process that was pending at the date of ordering the seizure, a sentence of acquittal was given, for the pirit, Raised to the right value. And if he ceased the reason why the seizure was ordered, or if the mortgage creditor's claim was secured according to art. 42, at the request of the owner, in case of need, after hearing the mortgage creditor who asked for the seizure, the seizure will dissolate. The call (recourse) against the conclusion of lifting the seizure has suspensive effect. + Article 245 The court that orders the seizure, gives the curator of seizure, as necessary, ex officio, possibly after hearing the parties or at the request of any of the parties, administration guidance corresponding to the circumstances, which the seizure curator is forced to follow them. Such administration guidance can also give the porter, until it gives provisions to the court. In case of non-compliance with administration guidelines or in case of misadministration, the parties may appeal to the court that ordered the seizure. The court decides, in case of need, after hearing the parties and the seizure curator. In case f) of art. 237, will be given to the curator of seizure such administration guidance, which, besides the mention, as far as possible, unirate of the owner's right of disposition, to correspond in terms of the unirate preservation of the fund Mortgages and accessories. In this case, the income of wealth taken under seizure is due to the owner. In fact, the rights and obligations of the sequester are identical to the rights and obligations of the trustee. + Article 246 If the sequester does not meet its obligations punctually, or if doubts arise regarding the trust in it, it may be removed from the post at the request of either party, after the assessment of the court, even in the course of time. In urgent cases, the court removes from the post on the seizure curator even ex officio. Against the conclusion by which the removal was ordered there is no remedy of law. Instead of the removed sequester from the post, the court appoints another curator of seizure, after listening to the parties, and until his appointment takes, after the circumstances, the provisional measures necessary to maintain the seizure. In the case that removal is ordered, for the takeover of the seized things from the seizure curator and for their surrender to the newly appointed sequester curator, portarel is delegated. Until the competition of the probable amount, which covers the obvious lack of teaching and takeover, the court orders, after the arrival of the report, the execution of insurance against the seizure curator. + Article 247 If the income or administration of any good or right has been seized, the seizure curator is obliged, with the end of the seizure or if the seizure lasts longer than one year, at the end of each calendar year, possibly at the order of the court and in a shorter time, to submit to the court that ordered the seizure of the reckoning conducted in the rule. If the sequester does not submit his accounts, in a fixed term, which will be fixed, after the expiry of time, ex officio, and which can no longer be extended, he will be removed from the post ex officio and at the same time, at the request of either of those interested, will order against him execution of insurance up to the amount of the amount that covers the probable lack. + Article 248 In order to capitalize on the furniture that forms the income of the object taken under seizure, the seizure curator is obliged to submit his proposal to the court that ordered the seizure. As regards the method of recovery, possibly keeping in nature, the court decides after its appreciation, after listening to the parties. If the parties have not agreed in another way of valorisation, the recovery shall be made by way of a court tender. Against the conclusion that was given in this regard and against the publication of the auction there is no appeal (recourse) and appeal. + Article 249 About the annual and final accounts, before the seizure curator, and which can be seen at the court, the court knows the parties with that, to submit their observations in writing, in a fixed term of 30 days, all the more so that, in case Contrary, the reckoning is considered correct. In the event that observations are submitted, the court, after listening to the parties and the sequester on the way of summary or protocol dissolution * 103), after an eventual procedure of proving, decides by sentence. Against the sentence confirming the sentence of the first instance, no appeal is allowed. -------------- * * 103) See para. 2 2 and 3 of art. 55 of Law LIV/1912 (p. 10 10). + Article 250 The expenses of the seizure, understanding here and the fees of the seizure curator, are obliged to advance the one who asks for the seizure. Expenses arising under the duration of the seizure, except for the cases of point f) of art. 237, must be covered by the income that is collected during the management of the seizure curator. If the one who asked for the seizure would not spill, at the order of the court and within the fixed term, the necessary expenses that arise after the seizure, which cannot be covered by the income during the seizure, the seizure must be dissoldered ex officio. + Article 251 The issue, which between the parties and in what proportion they are obliged to bear the expenses caused by seizure, decides, in the cases of points a), d), e) and f) of art. 237, as well as in the case of point c), when the seizure is started, the court, as a rule, in the course of the trial. If in the process it was not given a decision in this regard, as well as in the cases of point b), the court of the trial, or if the trial was not started, the court that ordered the seizure, listens to the parties by way of summary or protocol dissolution * 104), and decides on the question of the support of the seizure expenses, after the right amount of the sentence in the trial is lifted, respectively after the termination with the right value of another procedure or possibly after the dissolution of the seizure. The appeal (recourse) against the conclusion that has been given in this regard has suspensive effect. -------------- * * 104) See para. 2 2 and 3 of art. 55 of Law LIV/1912 (p. 10 10). + Article 252 The expenses of the seizure, as soon as the sequester is obliged to count, establish the court according to art. 249 at the same time as the matter of reckoning, and in other cases, on the basis of the reckoning presented by the seizure curator and parties, in case of need, after hearing the parties. The fees of the sequester shall be determined even if the parties have not submitted comments. Against the conclusion regarding the establishment of the sequestration curator's fees it has the right to appeal (recourse) and the seizure curator. The call (recourse) against the conclusion on the establishment of seizure expenses and the fees of the seizure curator, has suspensive effect. + Article 253 Provisions of art. 245, 246, 247, 248, 249, 250 and 252 of this law, regarding the guidance given to the seizure curator, to the rights and obligations of the seizure curator, to the reckoning of the seizure curator, to the valorization of the objects collected in the course of the management of the seizure curator as income, the resolution and establishment of the seizure of the seizure curator, the advancement and the establishment of seizure expenses and the fees of the seizure curator, will apply accordingly to the nature things and in cases of seizure ordered based on art. 75, 164, 180, 208, 211 and 213 of this law, as well as in cases of foreclosure ordered during the course of the succession. The expenses and fees of the sequestering curator shall be determined, in this case, by the competent court for carrying out the respective execution by the succession court. + Article 254 In the cases of other seizure, contained in the existing laws, the usual procedure will apply until now. See, for criminal cases, Title VI, Chapter VI (Art. 120-123) of the Code of Criminal Procedure. FINAL PROVISIONS Art. 255, 256, 257, 258, 259, today without actuality. + Article 260 With the execution of this law is the Ministry of Justice -----
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