Law No. 60 of 1 January 1881 concerning the procedure for execution of Transylvania) published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 1 of 1 September 1942--Note *) With any amendments until 1 august 1942 title I GENERAL article 1 DISPOZIŢIUNI as amended by art. 31 of Act LIV/1912 as follows: Art. 31.-Art. 1 of the law change LX/1881 as follows: forced Execution takes place on the basis of an enforceable notarial act.
Are enforceable authentic instruments: 1. The sentences and decisions by courts in civil law value * 1);
2. Transactiunile concluded in civil courts and the impact of judicial sentences raised to value right * 2);
3. Terms of payment (art. 609 pr 592, civ), denuntarile or somatiunile (article 628. Civ.) enforceable;
4. provisional execution data Sentences, of civilian courts * 3);
5. the amount of uncollected Finishes as civil courts against which you cannot forward call (exercise) with suspensive effect, if not their execution is suspended or halted (article 556. civ.);
— — — — — — — — — — — — — * 1) a concluding sentence or stand up to the value of law after he pronounced upon them and the last court, so and the Court appeal, or, if there is attack, after deadline expires for exercising horses. Therefore, the legal terminology of the Transylvanian distinctiune must be made between sentences and decisions by the high value of law and between sentences and decisions final. Against sentences and discharges, for myself: d, may submit the appeal, till she finishes sentences and jurevalide have already been judged on appeal. Parallel with the term "high value" law is no longer used and the term "jurevalid".
* 2) see art. 423. civ. ard.
* 3) see art. pr 415. civ. ard.
6. The decisions of the civil courts are enforceable, graceful causes;
7. Those strung in e)-h) of art. 1 of the law of 1881, LX/all decisions and authentic instruments, that any special legal dispoziţiune declaring them authentic instruments are enforceable.
E points)-h) of art. 1 of Law LX/1881 maintained in force by article. 31 of Act LIV/1912, were the following: e) sentencing Decisions, courts, arbitrators and stock exchange Court effects of pest, and the courts of regional warehouses and grain products (Act II/1870) or reports about transactiunile in the face of such judges, concerned their editions;
f) high value Decisions of criminal courts of law, containing civil condamnatiuni * 4);
g) authentic instruments drawn up by notaries public are enforceable under article. BYOMKESH Law 111/1874;
h) disciplinary Decisions of the courts are enforceable, as well as financial and administrative authorities which, in accordance with the rules of law in force, there are courts for execution data.
Today dispoziţiunile art. 1 of the law concerning LX/1881 procedure execution are supplemented and modified through a whole series of laws. The most important are: Decree-Law Code of tax procedure, published in Official Gazette No. 78 on 1 April 1942. According to dispoziţiunilor this decree-law, collection and tracking of claims is made public after special rules. We quote only art. 176 of this decree-law.
Art. 176. all claims of any nature of the State, counties, municipalities, autonomous houses, companies, public administrations, as well as trade of all institutiunilor and public authorities of any kind shall be levied and shall be pursued according to law dispoziţiunilor of the face.
He also shall be levied and shall be pursued according to law dispoziţiunilor of face and institutiunilor claims of public utility, whose budget is approved by the head of State, Council of Ministers, ministries, as well as those of the Romanian Academy.
For all of fiscal rights, which shall be determined on the verge of imposing title claims is the minutes.
— — — — — — — — — — — * 4) see art. 546 520 and the code of criminal procedure.
The law on the High Court of Cassation and justice, published in Official Gazette No. 212 from Septemvrie 14, 1939. This Act provides for: 89. Împricinaţii-may require the execution of judgments of the courts ' final, but enforcement will be suspended on the side of the antagonist by ensuring appropriate value or submission in the case when he made the appeal in cassation.
Appeal in cassation suspend execution and without insurance or filing process, the value in the principles relating to the displacement of borders or the abolition of constructiuni.
In the matter of the claim, or any other ownership deal in that it's not a condamnatiune to a sum of money, the Fund will be able to încuviinţeze with suspension bail that will appreciate it after hearing the parties called into the Council.
Bail will not be able to release one month after the date of the rejection of the appeal and from the way if the right has not filed the action in damages.
Law on modification of the law of 19 May 1925, concerning unification of certain dispoziţiuni of civil and commercial procedure, in order to facilitate and accelerate judecaţilor, before tribunals and the courts of appeal, as well as for the unification of competintei courts, published in Official Gazette No. 150 of 11 July 1929. This Act provides for: 70. Decisions handed down by the courts-from wards in the last court, shall be subject to appeal to the courts for excess of power, incompetence, violation of law, an essential omission and distortion.
Or omission may consist in nepronuntarea judge upon any defence raised by the party, or ex officio by the judge neinvocarea of any defence that reesea from facts of the case.
The appeal is declared at the registry of the Court which pronounced the judgement.
The appeal is suspensive.
The statement of appeal is made in the same manner as the initial request from the Court.
The law on the Bills of Exchange and promissory, published in Official Gazette No. 100 of 1 may 1934. This Act provides for: 61.-Draft value title executor for capital and accessories, established in accordance with article 4. 53, 54 and 57.
Until the unification of the rules of procedure, extending, as regards draft, appended as is laid down in art. 135 cod. Fr. civil of the old Kingdom.
Court jurisdiction to invest is appended to the draft Court of detour if the amount shown in the promissory note does not exceed 50,000 lei and the Tribunal otherwise.
V. investment journal is not a right of appeal.
Draft issued abroad has the same effects are enforceable if they are admitted and the law where the draft was issued.
Somatiunea of execution must include the exact transcript of the promissory note or protest, as well as other documents which show the amount.
For the bonds underwritten by proxy, cambial somatiunea will make the statement and act which shows the mandate.
Art. 62.-within 5 days, the debtor receiving dela somatiunii can make opposition to enforcement.
The opposition will occur at the Court which has invested appended draft. She will judge the urgency and, in particular, before any other issues.
Judgement pronounced upon by the opposition will be able to be attacked with call within 15 days from the way of pronunciation.
The Court will be able to suspend execution only if the opponent does not recognize your signature, enrolling in the bogus or not recognizing the power of attorney.
In the event of the suspension of the execution creditor will be able to get insurance measures.
The law on the establishment and organisation of the labour jurisdiction, published in Official Gazette No. 38 of 15 February 1933. This Act provides for: 11 1-4: in civil, labour courts judge in first and last instance court, with right of appeal within 15 working days, from the date of the Court of first instance, in whose constituency are established, all disputes of their competence, the object of which cannot exceed 50,000 lei, out of the reported percentages, and costs.
In the first court and entitled to appeal to the Court, within 15 working days, from the date of employment, courts, judge all applications in excess of the amount provided for in the previous paragraph, as well as those which, by their very nature, do not have a defined value.
It will not be able to appeal against the preparatory or journals contacts than with the appeal against the final decision.
V. decisions given in the call, it will be appealed to the Court of appeal in the District Court headquarters in 15 days off from the rock.
Art. 62.-the appeal is not suspensive.
The President of the Court, however will be able to fund grant, on the basis of the appeal and following a security of at least 1/3 of the amount referred to in the judgement of the value of the dispute, the decision of not condemning to the payment of a sum of money, to suspend execution until the judgment of the appeal; If the whole amount shall be laid down in the decision or the whole of the dispute, the suspension is mandatory.
Art. 64. the President of the Court will grant the provisional execution of the data, when the subject of the judgement forming salaries and accessories; suspension of enforcement is not going to be able to get through than the amount recorded.
Art. 68.-at the request of interested parties, the Chairman of invest appended to the minutes of the conciliation entered into under the provisions of the law before the final decisions and arbitration decisions given in collective labour conflicts.
Enforcement of these rules will be made under the common law or rules of law courts or wards of the civil works.
Art. 69. In relation to execution-will address President who invested what decision is made and will be judged by him after the civil procedure rules.
The data in these appeals decisions are final. They can be attacked with the conditions laid down in article 21. 11 and 61 of this law.
If the appeal is allowed, the President will set a new deadline, when judgment will be made after the rules of law.
Decree-Law for organizing Body of lawyers in Romania, published in Official Gazette No. 205 Septemvrie 5, 1940. This Decree-Law: Art. 159. Convention concerning onorar-authenticate or after usual forms, either by handing over her client and lawyer to the President of the Court before which the litigation is pending.
When Panday came to the High Court of Cassation, convenţiunea will be the last instance court where the trial process.
President or replacement, or, seeing convenţiunea, will conclude a Protocol against-signed by the Registrar, to find the testimony of the parties. The original will be entrusted to the lawyer, and a duplicate shall remain in the keeping of the registry.
Art. 160.-based Convention authored by onorar, lawyers will be able to obtain, without bail, seizure or garnishment insurer on the wealth of their borrowers.
Art. 161.-fee Claims authenticated according to art. 159 can invest and run according to prescripţiunilor laws.
Enforcement cannot be suspended except by recording the amount owed. The judgment of the appeal will be made in the Council Chamber.
Article 2 amended by art. 32 of Act LIV/1912 as follows: Art. 32.-Art. 2 of the Act is replaced by the LX/1881 with the following dispoziţiuni: an ordered Execution in cases 1-6 points. first previous court which acted in the case.
In the case of point (e)). 1 of law 1881, LX/except for courts of arbitrators (article 787. civ.), in the case of section f), without exception, and in the case of the h point) when any special legal rule otherwise, execution of court orders a detour in the district headquarters of the first court or authority which acted in the case. (Without a topical propozitiune).
In other cases, the Court's competence to order the execution is determined by special legal dispoziţiuni.
Article 3, 4 and 5 as amended by art. 33 of Act LIV/1912 as follows: Art. 33.-Art. 3, 4 and 5 of the Act are replaced by the LX/1881 with the following dispoziţiuni: regarding the ordering of execution based on an enforceable notarial act abroad, serves as guidance International Convention that exists with that State. In the absence of convenţiuni, it is lawful to ordering the execution only if reciprocity and shall ascertain whether: 1. The implementation of the resolution is based on a high value of law of a civil or commercial courts transactiune, or on a court with the same effect;
2. The face that's why judicial decision or transactiune, shall not oppose none of the circumstances in article. enumarate 414. civ. Justice Minister's statement with respect to reciprocity, be binding on the Court. In case of doubt, the statement will be required ex officio.
In these cases, the issue of ordonarii Court, which decides on the execution, according to art. 18 of the law of 1881, LX/is the competence to carry out the execution. Whether to run more instances are rogate, on the ordonarii decides the Court called instead of intaiu and it shall notify its decision, about other instances. If, for the execution of the rogatorii Commission is not within the competence of the Court, but another rogata Court, court rogatorie Court rogata send the competent Commission and incunostiinteaza about this Court.
Article 6 1 is amended by art. 34 of Act LIV/1912 as follows: Art. 34. The second paragraph of article 215-intaiu. 6 of the Act is replaced by the LX/1881 with the following dispoziţiune: where the law otherwise, ordering the execution must be required in writing in the application drawn up in triplicate and the intaiu copy must be attached to the original document, which serves for ordering execution. Court judgements or transactiunile may be attached and simply copy, making reference to the original that stood on the Court.
Then the other paragraphs of article 9. 6: in cambial, it will annex the first copy of the application, the original draft, and if it was in the dossier of the Court to which application for execution, the runtime will make mention of it.
If implementation is to be carried out against several defendants or in several places, the request will go forward in as many copies as a copy to arrive separately for each respondent and for each authority concerned for each rogata, portărel.
Copies to the authorities concerned for the rogate, portarei, will go forward without attachments, and to the copies on behalf of urmaritilor will join us in simple copy only those annexes that have not yet been disclosed.
In cases where the points e, f)), g) and (h)). 1, the Court which ordered the execution retains copies of authentic instruments which serve to workmanship, based on submitted for that purpose on the part of urmaritorului, which legalizes it ex officio.
Runtime applications submitted with deprivation, for completion is restitue.
Runtime applications pursuant to article 44 are the river cogîlnic. 6, § 12 of the law on stamp duty.
In the translation of the term, to face Hungarian employ "kikuldott" expression "portărel". See in this regard the note relating dela art. 19. Article 7 of the summary trials, except when running on real estate is required, the application execution can be done verbally and, in that case, the Court will request a higher-ranking verbal report.
Article 8 Urmaritorul is obliged to specify in his application the request for execution.
The request for execution will show the Court or courts in the district or in districts to perform execution and if urmaritorul wants to carry out the execution, it must look decidedly.
Execution should be requested after the period expired for authentic Act fixed the underlying execution.
Art. 8 was completed through art. 31 of the Act XII/1908, but this add-in no longer topical.
Article 9 amended by art. 35 of Act LIV/1912 as follows: Art. 35.-Art. 9 of Law LX/1881 dispoziţiuni is replaced with the following: If the execution is requested on the basis of a decision of a civil court, the Court that ordered the execution, will ascertain ex officio, whether in terms of execution, judgement, which serves basic execution, was communicated on a regular basis, if she filed within legal appeals (recourse) or opposition with suspensive effect and if this call (exercise) or opposition (e) permissible according to the commandment. If, in this case, the Court ruled the first performance of hotărîrei (network attacked with recourse) for it, until the Court of appeals will solve the call (recourse), be applied to art. 41 of this law. If execution is required when the basis are forwarded to the higher court, the part that asks for execution shall be bound, at the request, submit authentic or authenticated copies Edition of hotărîrei times of the decision without reasons (the device) and notarized on the proof of handing over, in case, when the decision was communicated to the urmaritului through the offering.
If execution is requested on the basis of an enforceable judgement of the Court of appeal, when folder has not yet been returned to the first instance (article 511, 546. civ.), the first copy of the application running it will join such Edition authentic or authenticated copy of the hotărîrei, which call the clerk of the Senate * 5) noted, in the form of clauzula that day, or how that was not filed within the legal request for review (appeal in cassation), if such a request was not submitted.
If the right is pending execution of a condiţiune or of the performance of a contraprestatiuni, urmaritorul is obliged to prove the fulfilment of condiţiunii or contraprestatiunii, as the other prior conditions of executabilitatii, though they would not be able to ascertain from the acts that are still on the Court.
Art. 41 the LIV/1912 stood quote at art. 36. In article 10 the request for execution is usually resolve without listening to the opposite side.
— — — — — — — — — — * 5) Today, the Registrar of the Department judged the case.
In the case of art. 3, without exception, and in cases where articles 81 and 82. 9, 13 and 15 when the prior of execution does not generally turn out with authentic instrument or with the act legalized private (art. 92, BYOMKESH law 93/1874), before it can be solve in runtime application, merit gets you to courts of summary desbatere, and detour to desbatere formal courts.
Paragraph 3 of article 10. 10 is repealed and replaced with the art. 36 of Act LIV/1912: Art. 36.-amend art. 10 of 1881 Law LX in the sense that, in the case of art. 33 of the Act, the Court shall decide in face of domestic ordonarii execution, following the Commission rogatorii of court, without hearing the parties. The Court consideration generally fixed by art. 33, ex officio. If the Court would take these conditions with respect to bewilderment and if the data and the annexes the Commission does not dispel the perplexity of rogatorii, perhaps to a foreign court explanations from the presence of wax.
If the court ordering the execution, rogata refuse to apply art. 17. civ.
Against conclusion of ordering the execution takes place (use) according to art. 40 of this law. In addition, people watching can submit excepţiuni against the conclusion of ordering the execution, the Court which ordered the execution, within 15 days of the conclusion of handing over, on which from the grounds that execution has been ordered contrary to art. 33 of this law.
Excepţiunile have suspensive effect described in article 10. 41 of this law. Following excepţiunilor, the Court decides on the execution of ordonarii, after hearing the parties, through termination (art. 40). In the other, in terms of excepţiunilor shall apply accordingly article 1. 134, 135, 140 and 141 from Fr. Civ.; art. 141 should be applied in the case, when part of the excepţiunile submitted with delay.
Excepţiunile based on the grounds referred to in points 4, 5 or 6 of art. 414. Civ., may submit and after the deadline in the previous paragraph.
The last paragraph of article 10. 10 of 1881 Law LX/is repealed.
If international convenţiunea available to otherwise this article 2. will not be applicable.
LX/1881 law on the procedure of execution, besides the dispoziţiunile special procedure to make and contains some references to the rules of civil procedure, which were then in force. Suddenly, with the implementation of civil procedure nouei * 6), through art. 3 of the law implementing * 7) were the ancient texts of the civil procedure law, replaced by nouei and dispoziţiunile procedures.
With regard to the procedure to be followed, where special laws were made reference to the rules of procedure which have been repealed, art. 9 of the law on the implementation of civil procedure has the following general dispoziţiuni.
Art. 9 of Act LIV/1912: "there, where any rule of law referred to a previous rule of law or other legal dispoziţiune, repealed by article. 3, instead you must understand now before the civil works and dispoziţiunile of the present law. Thus, instead of a summary or works to that Protocol applied to courts ocol must henceforth understand the procedure before the courts of detour, regulated by the civil procedure, and instead of the regular protocol works or to that applied in the courts, must henceforth understand the procedure in courts governed by the civil procedure ".
"Whereas in a procedure governed by the rule of law ', not calling into art. 4, 5 and 6, he applied, in the absence of any specific rules, the rules of law repealed through art. 3 henceforth are to apply the civil procedure dispoziţiunile ".
Besides the dispoziţiunile art. 9, general law relating to implementation of civil works, in paragraphs 2 and 3 of article 10. 55, dispoziţiuni special in relation to the law of 1881, LX/relating to the same matter. Quotation and these dispoziţiuni: paragraphs 2 and 3 of article 10. 55 of the law: "LIV/1912 when Law LX/1881 ordered the summary contentious procedure or graceful, to be applied in the procedure, the rules laid down in the civil proceedings courts detour. Remain in force dispoziţiunile of Law 1881 concerning LX/processes that occur during the execution of works, how the presence of the law would not otherwise. "
"In cases where the law orders the LX/1881 summary procedure, or graceful desbatere evidence, hearing the parties under oath nor transactional oath".
Lastly, there should be as many of the retina dispoziţiunile contained in susamintitele Hungarian laws, have been amended by subsequent Romanian laws (law of acceleration, the law on the High Court of Cassation and justice, the law on the establishment and organisation of the labour jurisdiction, etc.), so today we must examine step by step what is and what is not in place.
— — — — — — — —-* 6) the law concerning I/1911 civil procedure came into force on January 1, 1915.
* 7) law of 1912 on the LIV/implementation of civil works.
* 8) Whole art. 55 of Act LIV/1912 is quoted at art. 13. In accordance with article 5. 17. civ. burn, on the refusal to execute a rogatory-at the request of the parties concerned or the Department which addressed reclamaţiunei Commission rogatorie-Court of Appeal decides whom is subordinated to the Court rogata.
Art. 33 law LIV/1912 stood quote at art. 3, 4 and 5; art. 40 law LIV/1912 stood quote at art. 34, and at art. 41 the LIV/1912 stood quote at art. 36. Article 11 in the case of ordering the execution, in closing I must point out specifically claims, which are to be achieved, along with accessories and must settle the expenses cropped up with ordering the execution.
If the Court, which ordered the execution, it is also the Court's competence to perform them and if implementation is to be carried out by portărel, by concluding it has delegated and portărelul.
When it works and portareilor service in Transylvania, for carrying out the execution, it shall refer the matter, by ordering the execution of portareilor body advising the Court of first instance or District Court delegate dela portărelul detour said in Vienna that courthouse, and if pursued wealth is found in a different County than that of the Court in question, should be carried out in accordance with art. 35 of regulation for the portareilor service.
Article About ordering execution is incunostiinteaza, urmaritorul, by concluding that pass on the intaiu application, portărelul or rogata authority and people watching, by conclusion that pass on other copies of the application (article 6) and which is handed out in the aftermath, as a rule, with the opportunity to carry out the execution. In the case of art. 7, urmaritorul, portărelul and incunostiinta will be people watching through the closing, which pass on a copy of the minutes.
If you are not ordering the execution, is incunostiinteaza through a reasoned conclusion, only one who has asked for a refund, with copies of the application execution.
If the execution is not carried out within three months, in order from the way of written application urmaritului, which will address the Court which ordered the execution or the Court for making them, rogate on-line ordering of execution must be communicated directly.
Communicating in this way the conclusion and execution of any order of the remedy which it makes use, does not prevent the making of the execution.
Art. 12 is supplemented by art. 26 of Law VII/1912 as follows: Art. 26.-If the execution, directed exclusively at mobile, not following an ex officio, order the closure of the editions of the execution will be passing on the run or on request copies of minutes trained about the request and all copies shall be handed in at the urmaritorului.
Urmaritorul, for the purposes of the performance, presents the necessary copies for portărel and portărelului to follow the law of court Dale perform implementation, tasked to carry out the execution after the regulation rules of that Court.
In this case, paragraph intaiu does not apply. 12, intaiu, two and three. 19 and paragraph intaiu of article. 23, the LX/1881.
If urmaritorul ' forced execution has been carried out within three years of the date of conclusion of the ordering dela, for carrying out must be wax, the Court that ordered it, a new rogatory or delegation.
For the executions to be carried out in addition to the territory of aplicatiune of this law, cannot be applied to this article.
See note dela art. and article 11. 22, 33 and 35 of regulation for the portareilor service.
Article 13 of regulation, implementation of ordering in favor of him in law enforcement and in accordance with the instrument against the bound by this act.
If, as a result of an assignment, came a change in the person of the right and change is proving with authentic instrument or with private act legalised execution must be ordered in favor of the new will emerge.
If not, the assignment turns out with authentic instrument or with the act legalized private court-before deciding on the ordonarii-listen to the transferor and assignee, the respective formal summary.
The claims, if the original cambial draft must be submitted with the application, implementation must be ordered without listening even when it's proven with act assignment with full strength probanta.
Art. 13 is completed and modified by art. 55 of Act LIV/1912 as follows: Art. 55. through the act with full force probanta, which recalls the 1881 Law LX, must understand the private deed drawn up in accordance with art. 317. The law Civ. when LX/1881 ordered the summary contentious procedure or graceful, to be applied in the procedure, the rules laid down in the civil proceedings courts detour. Remain in force dispoziţiunile of Law 1881 concerning LX/processes that occur during the execution of works, how the presence of the law would not otherwise.
In cases where the law orders the LX/1881 summary procedure graceful, listening, desbatere or evidence, hearing the parties under oath any oath and transactional.
If in the meantime the condemned dies and the part entitled voeşte to carry out the execution only the wealth that lies in the sequence urmaritului or who passed him over to the heirs, the execution will be ordered against the known heirs or justified, possibly against unknown heirs. If the heirs are necunoscti, with ordering the execution, called them a curator, and if it's not a justification for regulatory right of inheritance of heirs should only show the application running, it will appoint a trustee on behalf of the eventual heirs still existing. The conclusion of the execution of the order will be handed to each of the heirs known curator, can be carried out only on the basis of her execution on the property side of the sequence urmaritului or who passed him over to the heirs.
Article 15 If urmaritorul voeşte not perform execution over things that stood out in the sequence urmaritului or things that have passed him over to the heirs, but directly against the heirs, the application gets you a brief formal question desbatere * 9) and if necessary, the procedure of proving your judgement is given through closing. Whether the execution may be ordered against the heirs, will be decided after the substantive rules in force.
— — — — — — — — — — — —-* 9) see art. 9 and para. 2 and 3 of article 10. 55 of Act LIV/1912, cited in the first note under art. 10. Article 16 If Meanwhile died at law, heirs can ask to ordering the execution in their favor, if lawfully justify that, li should be their only. If the right of inheritance cannot be justified, at the request of one who makes credible the right of inheritance, the execution is ordered, but at the same time, it's called a trustee, which shed the money earned through values or execution, the Court shall, if in the meantime the succession issue was not heritage ' would solve.
Lawyer entrusted in the process, you can do the steps, until i shall bring to the notice of the death of the person entitled in the name of the law, and if the death i shall bring to the attention of, up until then, proceed for the purposes of the foregoing, on behalf of the unknown heirs, he is obliged to pay money or earned values at the Court of the estate, if in the meantime the issue of inheritance has not been ' would solve.
Article 17 If the change happens in the person of the person entitled in the course of execution, continuing execution in favor of the new Court should be required to put right who ordered the execution.
However, portărelul and until the Court decides who ordered up the execution, is obliged to carry out all measures of execution which are necessary in order to ensure that debt.
If, with the opportunity to carry out the execution, it is found that people watching died or that the death occurred after ordering the execution, the execution must be carried out according to art. 14, without any new decision of the Court which ordered it, the wealth found in succession or estate what has gone on at forced upon the heirs. In this case, the trustee necessary in accordance with dispoziţiunile art. 14, will be called portărel.
Article 18 competence to carry out the execution is, if execution is required on the estate, said Court as authoritative book funduara, in all other cases in which the 2nd Circuit Court, following an execution. If, through the same closing, ordering both the execution to be carried out by the Court of funduara book and execution to be carried out by a Court of the detour, it will refer the matter to separate both authorities.
Hungarian text of article. May 18 has a paragraph about the making, execution, today without the date.
Article 19 the first copy of the runtime application accompanied by the conclusion of the execution of the order, shall be given to urmaritorului, and the other copies, usually taught portărelului, shall send to the competent court for carrying out the execution.
If urmaritorul asks, all copies of the execution shall be given him, they may apply to the competent court directly or portărelului for carrying out the execution; However, for this process, you cannot calculate expenses.
After arriving at court with competence for carrying out execution runtime applications accompanied by the conclusion of the ordering or after their submission, if implementation is to be carried out by portărel, must delegate to portărelul and immediately i Treasurer at about short run applications accompanied by the conclusion of order and of delegation or, if it is required, they shall be submitted to urmaritorului.
To carry out the execution, as a rule, it has delegated portarei (Hungarian text it says bailiffs) and in urgent cases, when portăreii are hindered, it officials or judicial delegate practitioners. In major cases, the Court may delegate to perform the execution, judges or a notary public.
Paragraphs 1, 2 and 3 of article 10. 19 are not applicable in cases provided for by art. law VII/26, 1912. See the text of articles. law VII/26, 1912, at art. 12. The text of the law relating to Hungarian procedure execution is spoken everywhere, "kikuldot" = "delegated", giving him the word understood: person authorized to perform acts of stalking. In accordance with article 5. 19 for execution is usually CPUs delegated bailiffs-how is called in Romania the agents responsible for carrying out execution-however, in urgent cases, when the executors were impiedecati, the Court may delegate and judicial officials and practitioners, or in the most important cases, judges or public notaries.
Making this statement show that, in the presence of the translation I used for ungurescul "kikuldott" Romanian "portărel expression", that, to us, the executions must be carried out by judicial agents called portarei.
Regulation of public administration for portareilor service and fee procedure, published in Official Gazette No. 282 of 20 Decemvrie 1925 * 10) (that you publish, with the changes that were brought up in the meantime, at the end of this paper) were introduced and in Transylvania in place bailiffs, portareilor service, known before in the old Kingdom. In this situation, the law dispoziţiunile LX/1881 are modified and by regulation for portareilor service. In connection with art. 19 of the law of 1881, LX/see in particular article. 1-10 of regulation.
— — — — — — — — * 10) this agreement was given on the basis of art. 51-54 of the law on judicial organization since 1924. Dispoziţiunile art. 51-54 of the law of 1924, include the law on judicial organization since 1938, at art. 187-190. In accordance with the circular of the Ministry of Justice's orders, the General Judicial Personnel, Nrii 82,561 Octomvrie 29, 1926 and 93,816 of 18, 1926, in case Decemvrie foreclosure or credit agreements of portareilor or when the Court situated apart from the residence, not place portarei, courts are obliged to insarcineze officials from graft, for all runs done.
Article 20 Portărelul is bound to carry out the execution of ex officio only then, if the conclusion of the execution of the order as the execution following an ex officio and whether, before relocating, urmaritorul or incredintatul or incunostiinteaza portărelul in writing not as giving up running or that requires her to be suspended.
In the cases of art. 3 and 4, the execution shall be carried out ex officio, if the Commission or the rogatorie application includes refined counterpart.
In order to execute your cat not to be carried out in the village, portărelul may ask to move. It endorsed, in cases when the execution to be carried out ex officio urmaritorul the delegation; in the case of rogatory-if it is unknown or urmaritorului or representative housing-authority to the Commission rogatorie.
See art. 49, 212 and 224 of regulation for the portareilor service.
Article 21 Portărelul is bound to carry out the executions without delay: the ex officio in order for delegation, and those that are not on their own initiative, in order of presentation, but the executions to be carried out in addition to commune only then, if i provide the required advance payment of expenses. At the request of urmaritorului, portărelul e obliged to pass on the urmaritorului from the conclusion of the execution order, the day and hour of presentation and sign and if it would have prevented the carrying out of an urgent application at the • urmaritorului, is obligated to repay them on the basis of counter evidence, in order to obtain the delegation of another portărel.
Portărelul is responsible for the delay and materialiceste.
See art. 49, 64-88, 212-216 and 224 of regulation for the portareilor service.
Article 22 of regulation, implementation cannot begin the begun cannot go before 8 am or after 8 pm. In urgent cases, the Chief Court can incuviinta namely even in advance, as the execution to be carried out after 8 pm or before 8 am.
In the regular gregorian calendar holidays and religious holidays in urmaritului, can only fulfil the measures, which are necessary to ensure the claim.
Art. 22 is supplemented by art. 37 of Act LIV/1912 as follows: Art. 37.-the second Paragraph of art. 22 of Law modify LX/1881 in the sense that dispoziţiunile this paragraph should also apply to national holidays.
This article is amended by art. 143 of the Act for judicial organization, as follows:
Art. 143.-legal Holidays for Courts and tribunals, as well as ancillary services of Justice, throughout the year, except for vacations and Dumineci, are the following: 1. Sft., 2., 3. The baptism of John the Baptist, Pbs 4. Celebration of the Union of all Romanians, 5.6. Candlemas, the Annunciation, the three-day 7th Pbs. Pbs, 8. Grand Martyr George, 9. Proclamation of independence and Kingdom , 10. Resurrection, 11. SFT Demetrios and Helena, 12. Restoration celebration June 8 (suppressed in 1940), 13. SFT. Trinity, 50 days after Easter, 14. Sftii. The Apostles Peter and Paul, 15. The assumption, 16. Virgin birth, 17. Exaltation of the cross, Pbs 18. SFT. Grand Martyr Dimitrie, 19. Sftii. Archangels Mikhail and Gavril, 20. SFT Nicholas, 21. Three days of Christmas.
Article 23 If three months is not starue at portărel for executions, which must not be carried out ex officio, on the basis of execution, after presenting the Court with a report, apply to the archive.
The right to prescribe execution, regardless of how the title claim in limitation period established by civil law, reckoned the amount of generations from the expiry of the sentence or execution dela, contained in other acts enforceable authentic instruments, which will not be able to pause for no reason. In the course of the limitation period, at the request of urmaritorului, it has delegated again portărelul.
Paragraph 1 of article 8. 23 is not applicable in cases provided for by art. law VII/26, 1912. See the text of articles. law VII/26, 1912, at art. 12. Article 24 Portărelul delegate is obliged to conclude Treasurer at urmaritului ordering the execution, before they begin making runs.
When carrying out the execution may be ahead of those interested in and out of them, two male adults-two witnesses, both by the urmaritorului cat and urmaritului.
If people watching at home is not found, the conclusion shall be given to a member of the House or the assignee. In the event that they are not, the execution is carried out against two witnesses called by portărel, and the conclusion of the execution of an order shall be given to the Trustees, who shall be called on account of urmaritului by portărel.
Article 25 If the execution to meet in a place distinct from domicile urmaritului, portărelul shall appoint a trustee, who handed out the conclusion and incunostiinteaza about this on tracked if the domicile or residence are them-by registered mail, which will be put in the mail within 24 hours, finishing the execution count dela. In cases when the execution was carried out against the State and public fundatiunilor portărelul incunostiinteaza central body called upon to represent the State or public fundatiunea, by registered mail, which will be put in the mail within 24 hours, finishing the execution count dela.
Receipts will join the "records.
If the execution is carried out in addition to the seat of the Court, and people watching at the headquarters of locueste Court, on-line ordering of execution will be handed after execution, urmaritului himself, without call curator (art. 24).
Art. 25 of the law on the procedure of execution is modified by art. 336 of Decree Law for fiscal procedure code, which States: Art. 336.-furniture and Fortune Realty income of any nature of the State, public authorities and institutions, will not be able to be tracked by any creditor for any claims.
Claims against the State, public authorities and institutions, will be run only by the inclusion in the budget of the year following that in which the application was made after the date of application and the length of the claim.
It exempts claims of savings Deposits, Cheques and Postage, as well as of any Institute public credit.
Article about the execution protocol is dreseaza, which shall include the following Particulars: (a)) relating to the procedure, the names of the parties, at the conclusion of the ordering and execution of cat s ' execution would be carried out by a court, concerning rogata conclusion of delegation;
(b)) and run-time, with the brightness of the time when he first started and when it was finished. In larger cities, the place of execution will look through the appearing Street and number, if possible by showing the neighbourhood;
c portărelului and Name) the Parties present their respective representatives;
d) obligatiunei and accessories for Appearing that she ordered the execution;
e) precise description of acts;
f) applications and observaţiunile relating to the case, the parties and any interested, eventually very concisely.
The minutes will be appointed by their respective parties, the portărel of their representatives, other interested people who would have been present and potential witnesses called by portărel or by the parties (article 24). Refusal of signing, also about the circumstance that prevents signing will make mention of the subscription of the minutes.
And those interested parties or their representatives can see the minutes and all on the basis of execution and may take, at their own expense, copies of them.
Article 27 implementation Costs they incur condemned even then, if the process was not obliged to pay the costs.
With the opportunity to submit the application and with the opportunity each measure, the expenses arising until then are counted separately, and shall be determined in purpose, portărelul, e.5 obliged to submit, on the basis of the Court which it has delegated, within 3 days from the presence of finishing works. Court determines the expenses-înţelegand works here and portărelului fees and expenses-and incunostiinteaza of the parties and if the continuation of the performance required, restitue portărelului folder.
Art. 27 was completed by art. 4 of the Act XII/1908 as follows: Art. 4.-Art. 27 of Law 1881 LX shall be supplemented by the following dispoziţiuni: in the case of executions by which it pursues a claim receipt, without accessories, not race the sum of 1000 Lei * 11) or whose object is a thing with a value below the 1000 lei, the people watching cannot upload nor i can lay down his burden expenses , which he had caused by his presence at urmaritorul.
This rule also applies to executions because of continuative.
The value of the object of the performance shall be determined by the Court with the proper application of the dispoziţiunilor contained in art. 3 and 4 of Law 18TH, 1883, without hearing/parties; in this regard does not occur.
Dispoziţiunile concerning the determination of the amount of the performance object are modified. The value shall be determined in accordance with article 5. 5-8 fr. Civ. ard.
— — — — — — — — — — — — — * 11) In Hungarian text reads a value of 100 kroner, which, in accordance with the Ordinance of 31 Octomvrie 1919 Dirigent Council, published in Official Gazette No. 79 dated 10 January 1920, is raised to inzecitul them, i.e. to 1,000 lei reckoning is equal to Lion Crown. Dirigent Council Ordinance in doesn't look, how reckoned the lion's value in relation to that of the Crown. The practice has admitted to calculate lion equal curoana. The Cas. II. Dec. Civ. No. 118 of 9 February 1934 (Sever Andru: the Jurisprudence Summarized, vol. III, Oradea, 1939, p. 312).
Article 28 amended art. 38 of Act LIV/1912 as follows: Art. 38.-Art. 28 of the law of 1881, LX/is replaced with the following dispoziţiuni: Both the Court ordered execution and court competence to perform them, shall, at the request of urmaritului, suspend or restrict the execution, if it proves people watching with authentic instrument as a decision under which he ordered the execution, was reformed, removed from the force or restricted by a high court decision to the value.
The Court may, in such cases, as appropriate, to order the removal from the force and the measures of execution already carried out.
Among the cat would have lawsuits pending, the people watching can require restitution for the damage that was caused with provisional execution, even before the Court of appeal.
Article 29 with respect to the effect of the bankruptcy urmaritului ordered against, and in terms of how to continue execution carried out prior to the opening of bankruptcy, should apply to dispoziţiunile bankruptcy law.
Article 30 amended by art. 39 of Act LIV/1912 as follows: Art. 39.-Art. 30 LX/1881 Act is replaced by the following: dispoziţiuni where a right of execution of urmaritorului was extinguished in whole or in part or was suspended by granting a postponement, people watching the process can go forward, the Court which ordered the construction suspended, restriction or suspension of execution: a) when execution is based on a court decision, on the basis of a factual circumstances which then arose was When the rules of civil procedure, the circumstance was not actually ' was unable to process the procedure preceding validita hotărîrei;
b) when execution is based on a transactiune Court, on the basis of factual circumstances, decided after the conclusion of the trade;
c) when execution is based on an act by the notary public, namely, cessation or restangerea execution, even though the rigid conditions of prior executabilitatii thoroughly or missing. Art. 113-122 of the Act and article BYOMKESH/1874. 29 of Law VII/1886 is repealed.
Against judgments of approval given by the courts of appeal, no appeal (application for review).
Sentences of restriction, restriction or suspension of execution have suspensive effect described in article 10. 38, 41 and 43.
Art. 38 the LIV/1912 stood quote at art. 28; art. 41 the LIV/1912 stood quote at art. 36, and art. 43 the LIV/1912 stood quote at art. 40. Article 31
Action for restraint or restriction, suspension of execution have suspensory effect on the continuation of the performance only, if founded on facts prove authentic acts or private acts with the full force of probanta, presented in the original and if it is submitted within 3 days of the execution of the respective dela dela, making communication conclusion of law execution notation in the book funduara, or If the right execution has stopped as a result of actually coming along later, both finishing works undertaken after this factual question within three days of conclusion of the EC communication dela given court or portărelul.
District Court acting through the conclusion by which snaps over the period of desbatere chestiunei if the action has or does not have suspensory effect and if suspend continuing prosecution, shall be obliged to notify without procrastination, portărelul, concerned the Court rogata. The original copy of the document which serves at the base, it will retain in the Court.
The action made in respect of cessation, or suspension of the execution, with suspensive effect, obviously unfounded, is punishable by a fine up to 10,000 lei * 12).
Article 32 Making cannot stop execution through opposition or resistance excepţiuni.
If, for the carrying out of follow-up would be necessary, may portărelul Open House and urmaritului tanks are able to keep the search warrant.
— — — — — — — — — — — * 12) In Hungarian text was 500, 1,000 kronor floreni equals the amount which was increased to inzecitul them, under the law concerning court fines increase turnover and how their collection, published in Official Gazette No. 279 of 25 March 1923.
In the case of opposition, the execution must be carried out with the assistance of the nearest police organ of the municipality or commune in question whom portărelul is addressed directly. If it would take the army force, portărelul is forced to address, for dodandirea them, the head of the Court which it has delegated.
In case of execution through resistance, prevention portărelul is required to report separately to make opens public action.
See art. 253, 255, 261, and 266 of the penal code.
Article 33 The Royal Palace and in general in the Royal Court buildings, buildings serving as in-house for any of the members of the Royal family and the House of those who benefit from the right of extraterritoriality may be measures of execution only by the Maresalatului delegate Court or by a competent court refers the matter to it.
In the army or in the buildings that are in use, you can perform steps execution only after it has been încunoştiinţat Commander respectively. A military commander may delegate to the face.
Today, paragraph 1 of article 8. 33 e only applicable to summary executions that were ' would turn against people who enjoy extraterritoriality, if living, or have your fortune.
Article 34 modified by art. 40 of Act LIV/1912 as follows: Art. 40. Among the law-cat would not exclude the path apelatiunii, against the discharges what give during the works execution-înţelegand here and ordered execution on the basis of an act by the notary public can submit appeals (recourse).
Calls (recurgerile) against the discharges during the execution of data by courts of detour, is judge in the second Court of appeals courts, and 13) intreptate against the discharges given in the second court, when the appeal is admissible, the judge of the High Court of Cassation.
— — — — — — — — — — — — — — * 13) In Hungarian text reads as, against the discharges can be made "felfolyamodas", a word which I translated "(use)". With the "felfolyamodas" is attacked and the decisions handed down by the second instance. Hence "felfolyamodas" was the first degree when it attack a closing of the first instance court and the grade II when attacking a second dismissal in court. "Felfolyamodas" degree I've translated "appeal".
The deadline for appeals (recourse) against discharges of ordering the execution, data following a rogatory to a foreign imstante is 15 days. Against the discharges given in the second appeal court takes place and then, if the Court of first instance approved the conclusion; all this must be applied and the rule regarding the discharges of the second Court of appeals, on the dates (recurgerilor) declared against the discharges that have rezolvit excepţiunile submitted in accordance with article 5. 36 of this law.
Into how the law otherwise, against the discharges given in the second court, you can't appeal further. You can appeal against the issue of discharges data execution ordonarii-înţelegand here and execution and seizure. Moreover, in terms of the call (recurgerei) will apply to civil works dispoziţiunile.
Against decisions or measures works, portărelului, notice of opposition may be made.
Art. 40 of Act LIV/1912, which repealed and replaced the art. 34 of the Act stipulates that the LX/1881, against the discharges in terms of data execution and seizure is admissible appeal of appeal (recourse), in Hungarian (felfolyamodas); as against the discharges given in the second court, but only into how those relate to the issue of waiver execution or ordonarii, it is accepted and a second call (use felfolyamodas, all in Hungarian) and that in all matters relating to the use, call ("felfolyamodas", regulated and dealt with here that article dispoziţiunile apply in the procedure relative thereto, civil remedy , i.e. regarding the term, dispoziţiunile horses. 552 which provides that the time limit for appeals (recourse, in Hungarian felfolyamodas) is eight days and it flows from the rock, and the date of pronouncement of the conclusion which must be handed over, but dela inmanarei date.
Call (recourse, in Hungarian felfolyamodas) is a special remedy unknown legiuirile and treated in chapter III of title IV of the civil works in Transylvania; that remedy is not likely, but a dismissal and never a sentence, which usually resolves in the Council Chamber without hearing the parties, on the basis of documents and files removed from him as he showed above, with restrictiunile made by law, is forbidden and in the second degree; This call (exercise, in Hungarian felfolyamodas) is not identical with the call (in Hungarian fellebbozes), treated in pr. civ. in chapter I of title IV and with the appeal in cassation, whose equivalent in PR. Civ. ard. is "request for a review," the Hungarian "felulvizsagalat" treated in chapter II of title IV.
The organic law of the High Court from 1925 through art. 79 and 81 passed the call-use of grade II as major resource, deciziunile sentences, and the promulgation of decisions given after them, a second court in any litigioasa procedure or graceful, am attributes during communication and in their counter is not allowed another appeal in cassation appeal only, according to her dispoziţiunilor. So, suddenly, with the repeal of the call-use grade II, were opened to the parties entitled to appeal in cassation * 14).
— — — — — — — — — — — — — — * 14) see Dec. 3 Decemvrie 58 from 1931. U.s. Severe Andru: the Jurisprudence Summarized, vol. I, Bucharest, 1933, pag. 15. The law on the High Court of Cassation and justice, published in Official Gazette No. 212 of 14 Septemvrie 1939, contains the following dispoziţiuni effect: Art. 49. section III-to judge the following appeals: d) in the field of real estate, movable tracking and enforcement of its own, contestatiuni, insurer and judicial seizure. It exempts the appeals against rulings given by the Court as the Court of appeal in terms of opposition to execution and appeals against the discharges given by courts in Transylvania as the Court of appeals (recourse) in any implementation, such remedies should be tried by the courts of appeal in question.
The courts of appeal are obliged to send to the Attorney General of the High Court of Cassation, copies of given deciziunile in these appeals, in order to put him in position to exercise the right provided for in the event of a breach of the law, as well as in the case of contrarietate decisions.
According to the last paragraph of article dispoziţiunilor. Law 40/1912, LIV opposition can only be made against decisions or measures works, portărelului. High Court of Cassation pointed out issues that may discuss during an appeal, as follows: "As in ' truth, contestatiunea to run, making it an exceptional path open against Addictions, and not an ordinary path to reform, such as the contestatiune may not be supported by the sides, rather than on the vices and nelegalitatile acts, which followed the decision of what is or meaning, extent and application of the device of that judgment, or on the grounds who relate to validity from the point of view of form, of the title image is executed, and not on substantive grounds, which have been prosecuted, or have been charged to the Fund, such as the question of competintei ". (Cas No. S. II. Dec. Civ. No. 890 of 21 June 1935, Sever Andru: jurisprudence Summarized, vol. III, Oradea, 1939, pag. 418. Article 35 Contestation) must be submitted within 8 days from the presence of deleterious or procedure or dispoziţiunea dela prejudicioase conclusion, communication from the Court or from portărel, which is obliged to submit a report with the Court on the basis of, within 24 hours.
Paragraph 1 of article 8. 35 was completed by art. 5 of Act XII/1908 as follows: Art. 5. The second paragraph of article 215-intaiu. 35 of the LX/1881 supplemented that opposition can be made and verbally in front of portărelului, works with opportunity, which is deleterious to a record the minutes.
Then paragraph 2 of art. 35: on the appeal, namely, where necessary, after hearing the parties or portărelului, decide within a period of 8 days, the jurisdiction of the Court pursuant to article 13. 8 and how any procedure for a cancel number committed portărel, at the request of the parties and on the basis of their reckoning force portărel, to pay the expenses caused in 15 days.
See art. 64-87 of regulation for portareilor service.
Article 36 as amended by art. 41 of Act LIV/1912 as follows: Art. 41.-Art. 36 of the Act is replaced by the LX/1881 with the following dispoziţiuni: up to rezolvirea with the value of the opposition-except for art. The LX 104/1881-may be carried out; cannot indestularea urmaritorului apply for the amount charged with the execution, but the opportunity will consign to the Court; You cannot transfer over urmaritorului and any order at the hands of claims cheated (poprită); in case of execution for extradition of fungible things or effects, it is possible to seize and put under condamnatiunii or peceţii object, if the object condamnatiunii is missing, you can run the equivalent of up to his competition.
Into how Law LX/1881 or before the law would not otherwise, dispoziţiunile the preceding paragraph must be applied in all cases, when the law on suspensive effect of any atribue act on the execution of its continuance, or when the Court suspend execution in the course of the procedure, the procedure or civil law.
Article 37 the call (recourse) lodged against judicial discharges have suspensory effect only upon the issuance of the invitation to tender and the price charged, the opportunity to carry out the execution of movable property, upon the transfer of receivables, the urmaritorului, the ordonanţării seized cash, upon surrender by the pursuer of the condamnatiunii and the ordonarii execution against convicted under article portărelului. 35. Call (recourse) directed against the conclusion of the execution of the order shall have a suspensive effect and the licitarii furniture seized.
If the second court decision approving or Reformation, ordered: tender, transferring over urmaritorului to claim the cash seized, authorisation or handing the pursuer of condamnatiunii, against the first instance whereby discharges are made these decisions, no action takes place.
See art. precedent.
Article 38 If, as a result of the opposition, cancelled shall reformeaza procedure, dispoziţiunea or portărelului, the call completion (recourse) lodged on behalf of the Court against the closure of the urmaritorului what was given in this regard, in order to have suspensory effect, the cat execution acts performed with the pending law on how to call rezolvire (recurgerei).
Article 39 as amended by art. 42 of Act LIV/1912 as follows: Art. 42.-Art. 39 of the LX/1881 dispoziţiuni is replaced with the following: Has a suspensive effect on the execution of its continuance, the rigid conditions of art. 41 of this law, and the Court decision neridicata the value of law yet, which has reformed, out of place, disolvat or restricted on the basis of which the decision was ordered.
Into how any court decision restores dispoziţiunile hotărîrei who served at the base of the execution, the execution should be continued.
The last paragraph of art. 38 of this law shall also apply in the case of art. of the face.
Art. 41 the LIV/1912 stood quote at art. 36, and art. law 38/1912 art LIV. 28. Article 40 amended by art. 43 of Act LIV/1912 as follows: Art. 43.-Art. 40 of the LX/1881 dispoziţiuni is replaced with the following: execution in regression occurs, if the decision was ordered and carried out the execution, it was removed from the force reformed, or restricted, by the Court decision raised to value the rule of law.
In these cases takes place in regression and then if people watching in order to prevent the execution, sated on the pursuer willingly, but only if, when indestularea was made, or by the intervention of the Court, or in front of the portărelului with the opportunity, works or if it is proved with authentic instrument.
The execution is done after setback rules established for execution.
The last paragraph of art. 38 of this law shall also apply in the case of art. of the face.
Art. 38 the LIV/1912 stood quote at art. 28. Article 41, part stoned is entitled to pay the sum to which he had been convicted, after ordering the execution and even before ordering them through the intervention of the court process.
If you submit to this end both sides, after checking the identity of the parties, shall be dreseaza of minutes, which shall be signed by the parties and joins to the file. The one who pays, can claim and receipt.
In the case that is presented only the convicted, will cite the part or attribute them without delay its representative from the process and if the winning bloc did not ' would present personally or by an agent entitled to receive money, the convicted has the right to record the amount of condamnatiunii to the Court, irrevocably provide the winning Bloc Party.
What causes costs to the party or its representative attribute them with the presentation, it is obliged to pay part stoned.
In the same manner payment may be made through the intervention of rogate and the Court to carry out the execution but only then, if the winning bloc in locueste District Court or if rogate theres a trustee entitled to receive money.
The above rules are applicable in an appropriate manner and at indepliniri where the condemnation is not a sum of money, if the bond, taking into account quality, you can run the court official, without PIP.
Article 42 If ruling against people watching shall forward on the basis of which he ordered the execution of appeal without suspensive effect or action request for justification, for the renewal or cancellation action without suspensive effect and if at the same time show that, in the event of dissolution, annulment, reforming or removing from the force of the sentence or execution, the right of contribution or recourse is threatened, it may require that the respective forced execution indestularea to be subject to the giving of security on the part of urmaritorului in the case that would give such a ' bail to be ingadue, as instead of payment, to record the amount to be paid to the Court or the subject of the performance and how the latter is not fit for duty, to enter the Court equivalent in money, which, in case of need , will determine after listening to experts.
This application will submit to the Court, which will decide on them, if necessary, after hearing of the opponent.
You will receive as bail-if in this regard the parties ' would have otherwise agreed-cash or effects of Government declared good for security, but only up to the competition of two thirds of their course and in no event more than their face value.
Request submitted have suspensory effect on the execution or the performance of ordonarii execution already ordered only then, if the Court shall be the sum of the condamnatiunii or condamnatiunii object times the equivalent amount to him.
Art. 42 is amended by art. 44 of Act LIV/1912 as follows: Art. 44.-Art. 42 of the LX/1881 change in the sense that, by calling the spoken of in art. remembered, you must understand the (possible) and as dispoziţiunea concerning the action in cancellation and annulment of the sentence, the remains have been repealed.
Paragraph penultim of article. 42 is repealed, and the way to ensure it will follow according to art. 127 from Fr. civ. 127 from Fr. Civ. ard: "Bail-in order to how the Parties shall agree on how to ensure the cash should be deposited-or the good effects have been declared security. The effects you can get worth two-thirds during the last ininte standard lodging of the application, the Bucharest Stock Exchange * 15), but in no event more than their face value.
— — — — — — — —-* 15) in the Budapest Hungarian text.
See also art. 89 of the Act for the High Court of Cassation and justice shall, after the quote. 1. Art. 36 of Act LIV/1912 is quoted at art. 10. Title II IMPLEMENTATION for the RECEIPT of the CLAIMS for CASH * 16) article 43 Implementation for the receipt of the claims for cash, it can be done, after the choice of the urmaritorului, over movable or immovable property, or both at once on the wealth of urmaritului.
Urmaritorul is obliged to point out, the request for execution or in the train art. 7, the Sioux City wants to make fortunes. If urmaritorul voeşte to do execution on mobile, it is sufficient if the Court looks for detour in Vienna that stands, furniture to be impounded.
In conclusion, the execution order will look like, apart from the capital's claim, and the percentage interest, with showing the time when interest flows.
If, in the sentence or transactiunea the underlying execution, do not encompass the obligation to pay interest, dela expiry of fruition and until payment, an interest rate of six percent.
— — — — — — — — — — — — — — * 16) In Hungarian text it says: (), which would mean: "Implementation for the receipt of pretentiunilor in cash".
The last paragraph of this art. is modified by art. 1 of Decree-Law for establishing the interest and usury, published in Official Gazette No. 102 of 5 May 1938 as follows: Art. 1.-annual legal Interest shall be set at one per cent (1%) in Civil Affairs and two percent (2%) in commercial business counted discounting over the National Bank of Romania.
When the debtor is held to pay any interest other than as is fixed by the act, he shall pay the legal interest rate.
The debtor who, in bad faith, caused by the delay in the execution of the obligations, the creditor or injury will be obliged to pay compensation, in addition to damages and interests.
The appearance of this work, the National Bank of Romania discounting is three percent (3%).
Article 44 If he ordered an execution, claimed on furniture fortune in Vienna several justices of the detour or an execution claimed on furniture and fortune Realty, urmaritorul may be required to perform each of these executions.
If urmaritorul, although he knew that debt and accessories are fully covered by a movable EC carried out execution previously, however carried out execution and elsewhere, people watching may wax, the Court which ordered the execution, to be exempted from expenditure caused by carrying out the execution and be sentenced to pay expenditure people watching.
The Court shall decide on the request, if necessary, after hearing the parties and after the acquisition of scriptelor. Against what conclusion Yes, no (recourse).
Article 45 If the execution was carried out on wealth furniture in Vienna several justices of the detour, cat claims urmaritorului and accessories have got full coverage of the purchase price achieved at auction at the request of attire! urmaritului, disolvate must be other executions and must be încunoştiinţeze courts rogate.
If the execution was carried out on the furniture and fortune Realty and whether claims of urmaritorului fully paid securities in connection with the invitation to tender, the Court's competence to order the construction is required, after the arrival of scriptelor, to refer the matter to the Court with jurisdiction for conducting the execution of real estate, to cease his pursuit and eventual execution inscriptiuni strike out what has done.
These regule apply properly and if, when the execution was ordered over some buildings located in more than one constituency of authority book funduara.
Article 46 in cases where articles 81 and 82. previous rezolvirea preference if issues prevent the Division of the purchase price achieved at auction securities, or if it has not been done yet dividing the purchase price bid, people watching may wax tracking measures to suspend the Court's competence for carrying out, whether it looks like, after all the probability, of the purchase price will cover claims urmaritorului together with accessories.
I. IMPLEMENTATION of the PLEDGE in article 47 of the movable property Seizure executionala is done by conscriere, which portărelul e obliged to do it on the spot.
Seizure Yes lien conscrise objects, from the moment it was done conscrierea.
If the objects ' could impound represents a value so low, that may provide that one of them has not been ' would cover more than the expenses of seizure, auction will be omitted.
Urmaritorul exercise the right of choice in terms of furniture to seizure even then, if the debt is secured by the mortgage.
When the execution is carried out ex officio, without the urmaritorul to be represented, the right of electing him portărelului.
Seizure should be continued until urmaritorul, and wishes the executions to be carried out ex officio, until the debt and seem to be completely covered. Things about which people watching or anyone other that forms the property of others or who it could be presumed from the circumstances that formed the property of others may seize only then, if the rest of urmaritului's mobile property would not cover claims in its entirety. In the minutes of running it will look like the name and residence presupusilor justified.
Article 48 the furniture that is in the possession of urmaritului * 17) can seize without any condition, and furniture that is in the possession of another, usually only then, if the holder agrees to the seizure. The execution can be carried out and in the event of opposition on the part of the holder, if, from the evidence presented, it appears credible as a pursuer, as middle to seizure, form the urmaritului property. In this case, the owner or persons of his house, concerned that it will appoint the trustee on his account (art. 24), must be încunoştiinţat of portărel. The holder has the right of opposition against the works and appeals (recourse) and if, in consequence of the opposition, cancelled proceedings, call portărelului (recourse) against the conclusion of what is given in this matter, does not have a suspensive effect on the removal of the seizure.
— — — — — — — — — — — — — * 17) is mainly used in the Hungarian word "birlalas" which means "imprisonment".
If it doesn't seem credible, as cell phones found in the possession of another, to form urmaritului, opposing property seizure shall encompass the minutes, and the owner remains responsible to the pursuer for the damage since dresarii report. Action for compensation shall be submitted on the path of the common law.
Article 49 marriage while husbands are living together, they can seize, if executions directed against her husband, furniture in possession of 18) of spouses, except for objects of gold and silver, precious things and clothing items, marked with the initials or name with the name of a spouse, further excluding furniture, which, after their record of landing are meant to be used by the wife. In the case of executions directed against the wife, may impound objects of gold and silver, precious things and clothing items, marked with the initials or name with the name of a spouse, any further handsets, which, after their obvious destination, are meant to be used by the wife, and finally with respect to furniture which, from the evidence presented by the pursuer, seems to be credible that would form the urmăritei property. (Art. 92).
Clothing intended for children's use, which I am together with their father and mother, watch, you cannot impound.
Article 50 the furniture is conscriu, with details of the rooms and other spaces, in numerical order, positions.
— — — — — — — — — — — — — — * 18) as in art. 48 in Hungarian text shall use the word "birlalas" which means "imprisonment".
In the minutes of execution must proceed every position, specifying as precisely as possible, quality, quantity, number, measure, cuts or other distinctive signs.
The furniture of the same nature, of lower value, it may include more than one location, but grouped in such a way as not to position total have a value estimate more than 2,000 lei * 19).
Portărelul may conscrie * 20) only furniture they had seen and that were counted or measured in front of it.
─ ─ ─ ─ ─ ─ ─ ─ * 19) In Hungarian text 100 Ialoveni. See, in terms of value, note 11 dela art. 27. * 20) To pass the minutes of seizure.
Article 51 as amended by art. 2 and 3 of the Act XII/1908 as follows: Art. 2.-instead of art. 51 of the LX/1881;
Prosecutions are taken out of and therefore cannot be seized, even with the consent of urmaritului: 1. direct Objects intended for the divine service or for inchinaciunile the home, prayer books, dotatiunile of rooms intended for divine service, cavourilor ornaments and graves as well as direct objects necessary for the burial of the House urmaritului or persons;
2. religious Relics and portraits of familiar;
3. Badges, medals and other decorations;
4. Pecetele, on the basis of single stamps, records, for scraps, the commercial registers, belonging to a private or public service, or a instituţiuni, or huts, and another belonging to a public service arrangement or private;
5. necessary for the performance of a Uniform public service or for the exercise of a profession, also vestmintea, which is required in the mission, people who satisfy the religious ceremonies;
6. The weapons, equipment, tools, instruments, coaches and horses to persons from the Armed Constabulary, frameworks, as well as individuals from the security service of the other bodies, whether they belong to the service;
7. on the basis of models, Books, utensils, tools, public officials or private individuals, oficiantilor, priests, teachers and teachers, notaries, lawyers, doctors, engineers, writers, artists and those working in an artistic or cultural circle, as well as those of midwives which are necessary for the exercise of their profession;
8. The arrangement of the pharmacy, the tools, and the stock of drugs, whereas people watching needs them to continue the Pharmacy;
9. Instalatiunile of public hospitals and sanatoriums, as well as those of hospitals and private homes, with the character of public hospitals;
10. House furniture kitchen, dishes, cutlery and dishes for cooking, stoves, hearths, necessary household items, clothing, lingeria bed and body necessary to follow and for the people of the House;
11. Medicines and other doctors, as well as dentures required due to illness or bodily defects of which suffer from the House or people watching;
12. Books and school supplies, the urmaritului and the people of the House;
13. the necessary Weapons to continue profesiunei and for personal safety;
14. Uneletele, tools, instruments and animals of small industrialists, artisans, workers in industry (factories), zileri and generally of those who maintain from manual labor required to continue their trade, further processed for materials stock available to small-scale industrialists and artisans, until competition amount of 1,500 lei * 21).
─ ─ ─ ─ ─ ─ ─ ─ ─ * 21) In Hungarian text 150 crowns.
15. food materials for heated and lighted, urmaritului and people from necessary House for one month; and in the absence thereof, from cash that has been ' could impound, the amount needed to purchase them;
16. from the cash amount necessary to pay the rent for a quarter of a year for the House owned by and watched people in the House;
17. After choosing the urmaritului: a cow or sheep, four or four goats, or pigs, four also fodder, straw and sheets for these animals, for half a year, and in their absence, of cash that has been ' could impound, the amount needed to purchase them;
18. Seed (art. 28 * 22) tragatoare animals, fodder, straw and sheets for half a year, ahead of agricultural tools and trash, they need those dealing with agriculture, for the land they worked, or you are working for others, but not more than needed for dousprezece jughere arator cadastral; and in the absence of cash, from seed that were ' could impound, the amount needed to purchase them;
19. To those persons, whose rights * 23) cannot impound in whole or in part, of banknotes which is needed, the amount corresponding to what rights have not been able to seize, credited at the time of execution and making up from the rock to the next due date rights;
─ ─ ─ ─ ─ ─ ─ ─ ─ * 22) Art. 28 of the Act XII/1908. This article is cited at article 1. 208.23) In Hungarian text reads: "jarandosag". For this word is used in the phrase "competinţa". I've found that it's more fair, where it is mainly used for ungurescul "jarandosag", "entitlements" Romanian Word.
20. Goods special laws, as you point out.
Art. 3.-it can seize on the track, running any item described in article 3. 2 for collection of the purchase price of that item, if the Court which ordered the execution, on demand, said the seized object that by ordering the execution of or later through closing.
In the case of point 2 of article 2. 2 may impound frames (frames), whereas you can separate relic and portraits without ruining the substance.
For receipt of alimony what was fixed in favor of him that people watching it's obligated to keep it based on the law or a legal as well as the usual practice for receipt of alimony which has ' settled in the favor of the child naturally can seize 15 points in cases, 16, 17, 18 and 19. 2, half the cash shown there.
In the case of section 19. 2, must compensate for the amount (compute) i was left urmaritului in accordance with section 15.
Article 52 the postal Law, further, stocks and things destined for the postal service, postal charges and amounts collected for transport, for the State, finally, transport rights letter-master and paushal, can not form the object of chases.
You can also follow: cash and other valuables sent by post, the amounts of cash on delivery and postage amounts mandated by post or telegraph.
Art. 52 change through art. 79 of the law of postelor exploitation, telegraphs and telephones, published in Official Gazette No. 143 of 25 June 1938 as follows: Art. 79.-you can't sequester or garnishment set up on objects, values and the effects of trade and services, entrusted P.T.T. on undertakings or guarantees of persons in the service of the Administration also P.T.T. cannot be impound or popri: incomes, subsidies, apparatus, materials, vehicles, animals, feed and any other objects of his prepuşilor, P.T.T. and necessary service.
See in relation to art. 52 and dispoziţiunile art. 336 of Decree Law for fiscal procedure code, after the quote. 25. Article 53 industrial Grant can follow only if, in accordance with the rules in force, industrial can validly be instrainata.
Execution takes place among the cat's monopoly of the State object and the work required to produce or to sell them, ahead of earnings over the lottery and on goods in customs, must decide after monopoly rules in force.
The law on the Administration and operation of the Romanian Kingdom monopolies, published in Official Gazette No. 144 of 2 July 1930: Art. 16.-Amounts due to tobacco growers that harvested value cannot be devolved to poprite any total or in part. They can't be traced how the State debt, the county or Township, C.A.M., instituţiuni, or other State or marketed by the owner of arendaşul for rent of land grown with tobacco.
Tools and ecaretele purchased the C.A.M. growers formed the exclusive pledge amounts due to this administration. They can't be traced to any other debts only after complete payment of the claim or Any C.A.M. stalking assignment is made against the presence of the prescripţiunilor is null and void, and the nullity may be invoked on any path.
Law on organization of the exploitation and management of the State's Lottery classes for public health and social ocrotiri, published in Official Gazette No. 170 of 26 July 1934;
Art. 21.-Jackpot is one who owned it holds a fundraiser by purchasing dela.
Can't make the garnishment, attachment or chases any title to earnings out lots.
In case of death, incapacity or absence, and lawfully established, proven lozului come to owner draw, win will consign you to the House, and at the disposal of representatives of Consemnaţiuni.
Article 54 as amended by art. 6 of Act XII/1908 as numeaza: Art. 6.-instead of art. 54 of the Act XL/1881;
Provided to remain untouched for pursued, over the seizure, an annual amount of treizecimii lei, can seize a third of usual salaries and of the accessories with the character, as well as their rights in case of availability, they receive: functionerii and oficiantii of the State, counties and municipalities, far more priests, teachers and teachers in the public schools by State communal and parochial, people are of the power of the army, the gendarmerie, as well as the staff of prisons and correction institutions, officials and other servants with annual salary or daily allowance or monthly with lad, public undertakings for railways and navigaţiune force, officials of the national motric, technical and economic management, theatrical performers and employees for specific roles people from the orchestra and choir of the National Theatre, and you work, and finally, the lower oficiantii and servants employed in public services.
Freedom of the persons referred to in rent in the preceding paragraph may seize only for lease receivables; and other duties that are yours after service, cannot seize it at all. If any of the persons referred to in the preceding paragraph, in order to build or to buy a House, get a payment bond by notarial act, binding and for this purpose lease for freedom, collection of claims from such an act, may impound and freedom of the rent required.
The executions made on the rights of such persons, crentele deriving from advances of salary, does not take precedence over the claims of followers, who got a pledge prior to the advance, but the Ordinance claims deriving from the service, especially from service fees, salaries raised in addition, refunds and cash fines and punishments, have priority over the claims of creditors entitled to pledge previously collected. Further, they have priority over the claims of creditors entitled to pledge previously collected, claims for medical treatment (Law XXI/1898) and other receivables from special laws.
For claims referred to in the preceding paragraph may be made without consideration of retaining the restrictiunile fixed by this law. In terms of the amount of detention, must follow special rules, which were given in this direction; in the absence of such rules, they will be able to make reservations no more than twenty per cent of the amount that was not the law could run.
The amount that should be urmaritului, over the seizure, was fixed by art. 6 of Law XII/1908 at 2,000 kronor on a yearly basis. This amount was then increased by order No. 5.051/1917 M.E. at 3,000 kronor on a yearly basis, and Lastly, the amount of 3,000 crowns annually has been increased to 30,000 crowns annually by order of 31 Octomvrie Dirigent Council, 1919, published in Official Gazette No. 79 dated 10 January 1920. (We give at the end of this work and Dirigent Council Ordinance of 31 Octomvrie, 1919).
When she gave Council Ordinance Dirigent, crowns were not yet taken out of circulation and for this reason, the Council increased the limits of Dirigent value simply to their inzecitul. Later, after the crowns were removed from circulation, accepted practice to calculate the limits of the law of value, according to each one's Crown. Thus, the limit value in paragraph 1. intaiu of art. 6 XII/1908 Law is today of 30,000 lei per year.
High Court of Cassation, in a humanitarian which discussed the limit value. 4 of Law XII/1908 (which complements article 27 of the law concerning the procedure of execution) the limit value as was shown above, each counting for one Crown lion and then its value to inzecitul majorand, Dirigent Council based on the Ordinance, published in Official Gazette No. 79 of 1920 * 24). In other cases, the High Court of Cassation has avoided to specify texts after which you want the value limits. In connection with pension officials, the High Court of Cassation has set an even higher value on how inzecitul amount in the text, but without the legal dispoziţiunile would admit such a calculation * 25).
─ ─ ─----* ¥ 24) Cas. II. Dec. Civ. No. 118 of 9 February 1934, published in Romanian Jurisprudence Andru: Sever, vol. III. Oradea, 1939, pag. 312.25) Cas. II. Dec. Civ. No. 1171 of 21 October 1935, published in Romanian Jurisprudence Andru: Sever, vol. III, 1920, pag. 444 a. which one can trace the food set out for the receipt of pensions on account of my wife, relatives and downward urmaritului upward and on behalf of the child naturally, reads in art. 9 of the Act XII/1908, cited at article 1. 58. In connection with this article and article. 11 and 15 of the Act XII/1908, cited at dintaiu at art. 61 and second after art. 64. Decree-Law Code civil servants, republished in Official Gazette No. 59 of 10 March 1942, contains no relative wage tracking dispoziţiune. In this code, however, can be found dispoziţiuni in respect allowance tracking for children and aid for burial.
Civil servants ' code: Art. 25.-the official who has minor children for each child receives a monthly allowance of 500 lei.
This allowance shall be made for any tax or pension restraint; It cannot be poprită or tracked for any debt.
(I quote from article 25 paragraph 1, only 1 and 2).
Art. 41.-the family of the deceased civil servant is entitled to a burial, equal to the gross salary, plus freedom of rent allowance on three months.
Funeral aid will pay immediate family or person who incur expenses for burial.
This aid will not be pursued for any debt except for burial.
The family of the deceased officers will continue to make use of public housing for a period of three months which from the time of death.
In case of death of the spouse or the spouse who is not a public servant, or a child, it will be able to grant an aid official burial.
In the old Kingdom, the salaries of civil servants shall be pursued on the basis of art. 409 of the code of civil procedure.
Code of civil procedure of the old Kingdom: Art. 409. (Mod. LG. 1 June 1905). Pensions, bounties, lefile and allowances: the military of ecclesiastics, and all officials pay the State, district, commune and charitable institutions whose budgets voted by the Chamber cannot yield any total or in part. They can't track than to a third for the State debt, penalties provided by law, for rent and food, as well as claims for privileged claims prescribed by the civil Code article 1729 * 26); up to half in terms of payment, as well as husbands dotei legiuitei and foods provided by law, children and spouse, ascendants.
─ ─ ─ ─ ─ ─ ─ ─-* 26) Civil Code;
Art. 1729.-privileged Claims on all the furnishings are shown below, and shall be exercised in the following order: 1. The expenses of the Court made in the common interest of the creditors.
Assignees, with previous titles on March 1 1881 legei dela, may require repayment of capital of his, pinned with legal interest, and get their compensation by tracking down to a third of his pension.
Rent allowances shall be granted what functionaries, as well as railways are those of neurmaribile and necesibile, are absolutely.
They can, however, follow up and giving in to total only for rent, thanks for the semester that those allowances are related.
Art. 410.-is null any tracking or assignment made in front of the counter prescriptions.
Article 55 as amended by art. 7 of the Act XII/1908 as follows: Art. 7.-instead of art. 55 of the LX/1881: provided to remain untouched for pursued, over the seizure, an annual amount of optsprezecemii lei, can seize a third of retirements and pensions of grace, they receive the persons referred to in paragraph intaiu of article. 6, also rises due in case of people retiring, and old age pension to priests.
If these people receive, instead of a pension, a lump sum final (excontentare) or whether the persons belonging to the armed power, with the loss of pension, a degree of grace, from the point of view of the executabilitatii, they are considered equal to the pension.
If the amount of the definitive global (excontentarea) was fixed in the amount of remuneration on two years, the party can seize will be calculated for each year separately. Proceed as in the case of a ransom of pension (articles 28 and 29 of the Act XI/1885).
In the case of the three preceding paragraphs shall apply accordingly in paragraphs three and four of the art. 6.
2. Ingroparei expenses in relation to the condiţiunea and the status of the deceased;
3. The expenses of the disease to that after following a course made in a year;
4. people's Wages for one year passed and the rest of the debt;
5. six months of salary of calfelor shop, and one month salary of the workers day;
6. the price of subsistence of the debtor and his or her family in the course of six months.
When the value of real estate ' was absorbed by the privileged claims and mortgage-backed securities, part of their price which may remain will affect payment claims with the preference indicated by this article.
Pensions, pensions of grace, total final (excontentarea) or redemption of retirement as well as AIDS for education (articles 39 to 44 of the Act XI/1885), which is granted to widows left after the persons referred to in paragraph intaiu of article. 6 you cannot impound.
The amount that should be urmaritului, for the seizure was fixed by art. 7 of Law XII/1908 at 1,200 kroner annually. This amount was then increased by order No. 5.051/1917 M.E. at 1,800 kronor annually and finally, 1,800 kronor annually was raised to inzecitul them, by order of the Council 31 Dirigent Octomvrie 1919, published in Official Gazette No. 79 dated 10 January 1920 * 27).
See in relation to the limit value and note dela art. precedent.
Art. 7 of the Act XII/1908 is amended several laws. Most importatnte are: General Law, published in Official Gazette No. 85 of 15 April 1925;
─ ─ ─ ─ ─ ─ ─ * 27) High Court of Cassation has substantiated a court sentence which has ' Maramures established the amount of the pension to 3,000 neurmaribila lei per month. The decision of the High Court of Cassation it says: "considering that the conclusion of the appeal brought before it appears, as the Court of first instance to resolve in the manner shown the call made to follow, in order to motivate, like cat through art. 6 and 7 of the novela executionala (54 and 55 of the execution law) it clearly States, that one can trace only those part of the pension, which runs over a minimum of existence-such as 1/3 to remain untouched, which go beyond this minimum set of practice and jurisprudence at lei monthly 3,000,-and in particular, the monthly urmaritului 2,100 being lei per month people watching, what pension he receives may no longer be subject to withholding tax. "
"Considering that the resulting exposed, as the Court of appeal made a proper application of the regulations and the General principles on the matter-having no influence in the cause of circumstance that is people watching and lawyer-breaking reasons are groundless and should be removed and so the appeal shall be rejected as unfounded. (Cas No.. URDec.civ. No. 21 Octomvrie 1,171 1935, published in Sever Andru: Jurisprudence Summarized, vol. III, Oradea, pag. 444). We find that decision, recitals above are wrong both in terms of value and limit on the amount you can follow. In accordance with article 5. 7 of the Act XII/1908 from retirement watch 1/3 part but provided to remain untouched for pursued, over the seizure, an annual sum of 18,000 lei (lei monthly 1,500) and how it looks in the considerations of the above decision, the retirement should remain untouched and 1/3 part but at least 3,000 lei a month.
Art. 69.-the pensions cannot yield any total or in part. They can't keep track of how up to 1/3 for debts to the State, criminal fines, rentals and receivables; up to 1/2 for payment, as well as wife dotei sums granted by way of food, children and spouse, ascendants. "
For the amounts the State datorite for who there is no definitively, according to their respective laws, tracking will be done on the basis of a reasoned deciziuni data of the Ministry depended on when the pensioner was in operation. This year, that will show what amounts are due to the State and for what reasons, will be communicated to both the pensioner and General House of guesthouses that will make the withholding.
In deciziuni against this, the pensioner will be able to appeal to the Court of his place of residence within 10 days from the way of communication.
The Tribunal shall judge rushed and without opposition: they will cite the authority that pronounced the decision and the caller.
The verdict of the Tribunal can be appealed to the appeal to the High Court of Cassation within one month of the date of that will end from judge without opposition.
Survivors pensions should not be pursued for amounts owed by their author.
Law concerning the pensions of those who took part in the war for the nation of completion Septemvrie 2, 1920;
Art. 33.-the pensions acquired under this law are exempt from any kind of detention for the benefit of the General House hostels.
They can't give up neither in total nor partly, and cannot track than the State debt and for food datorite wife and minor children.
In no event shall such detention may not exceed 1/4 of the pension.
If this competition comes in State detention with his wife and children, in this case, the State will receive 1/8 his wife and children and the other 1/8.
Exceptional aid provided for in chapter V of this law are exempt from the adsolut mode of any deductions.
Decree-Law accidentatilor for invalids and Status of R2, those followers dead or missing in his loom, published in Official Gazette No. 209 Septemvrie 4, 1941;
Art. 24.-pensions and national rewards granted by law, cannot yield any sequels than for food datorite and wife pension minor children, when the attachment can not be done than over pension and may not exceed 1/4 of the amount of them.
The amount that you can follow for collection of food pensions determined on account of my wife, relatives and downward urmaritului upward and on behalf of the child naturally, reads in art. 9 of the Act XII/1908. quote from article 4. 58. See also art. 15 of the Act XII/1908 after the quote. 64. Article 56 should not be pursued: amounts for food for invalids, rises early for the wounded, awarded medals of bravery, amounts which are authorised under the quarter of funeral or by way of a definitive global amount (excontentare), for the families of deceased servicemen as well as gratificatiile granted widows or children after people shown in the article and in article 3. 54, for services provided by their respective spouse's dad.
See notes from the rock art. precedent in relation to the law concerning the pensions of those who took part in the war for the nation's unity and Decree-law status of the R2 invalids and accidentatilor, descendants of the dead or missing in R2.
Article 57 From dabanzile bails for military marriages, may seize only a third and only provided to remain exempt from tracking a sum of at least 500 floreni. With this restricţiune you can incuviinta only execution for bonds contracted during the marriage by both spouses or, after termination of the marriage, the wife.
Bails for capital one can seize military marriages, however, with restrictiunea, to be able to apply for indestularea claim pursued, only after he stopped bond for bail.
Art. 57 is amended by art. 8 of the Act XII/1908 as follows: Art. 8.-Art. 57 of the Act amend LX/1881 in the sense that the interest for military marriages bails may seize only a third, but in such a way, to be exempted from interest of seizure in an amount of optsprezecemii lei.
Amount exempted from seizure was fixed by art. 8 of Law XII/1908 at 1,200 kroner annually. This amount was then increased by order No. 5.051/1917 M.E. at 1,800 kronor annually and finally, 1,800 kronor annually was raised to inzecitul them, by order of the Council 31 Dirigent Octomvrie 1919, published in Official Gazette No. 79 dated 10 January 1920.
See the amount exempt from the rock and art. 54 (art. 6 of the Act XII/1908.
Military marriage is now regulated by the law on the military marriage, published in Official Gazette No. 83 of 9 April 1931, with its subsequent amendments.
See art. Next, as well as art. 15 of Law XII/1908, after the quote. 64. Article 58 as amended by art. 9 of the Act XII/1908 as follows: Art. 9.-instead of art. 58 of the Act LX/1881;
When the people watching is executed for the established alimony on behalf of his wife, on account of his relatives upward or downward, as well as for the child or the exemptions laid down by natural art. 6 and the first three paragraphs of article 5. 7 shall be reduced by half, and of the rights referred to in the last paragraph of art. 7, may impound.
Dabanzile bails for military marriages, can seize without any downward spiral in their total amount for alimony and wife reenact what relatives progeny of the debtor.
However, with regard to alimony should be what relatives upward, of the borrower, the interest of military marriages, the bails may seize only passing over optsprecezemii annually.
Paragraph intaiu article. 9 of the Act XII/1908 is modified by art. 2 of Ordinance No. 5.051/1917 M.E. as follows: Art. 2. The second paragraph of article 215-intaiu. 9, and paragraph intaiu of article. 14 of the Act XII/1908 changed in the sense that, in the case of executions directed for receipt of alimony due to the spouse, relatives or downward urmaritului upward, or receipt of alimony determined on behalf of the illegitimate child, it can seize half the rights neurmaribila * 28), but only in such a way, to remain untouched for pursued, over the seizure of wages and rights with the same character due to active duty (articles 6 and 11 of the Act XII/1908) at least one annual sum of 10,000 lei * 29), and since the hostel (global final amount * 30)) and of the same character (first three paragraphs of article 7, paragraph penultim of article 13 of llegea XII/1908), at least one annual amount 6,000 lei * 31).
─ ─ ─ ─ ─ ─ ─ ─ * 28) In Hungarian text it says: "jarandosagoknak vegrchajtas reszebol alol Andy".
* 29) In Hungarian text 1,000 kronor.
* 30) Excontentare.
* 31) In Hungarian text 600 kronor.
See art. previous and note relating to the limit values, as well as art. 15 of Law XII/1908, after the quote. 64. article. 6, 7, 13 and 14 of Act XII/1908, ciate at art. 54, 55 and 64.
Article 59 Indemnitatile and rights for journeys made on the basis of delegation or by virtue of the duty which is owed-in accordance with the existing rules referred to in article-persons. 54 and 55, cannot seize, even if these rights are not indemnităţi or s ' would make by a cashier.
Article 60 as amended by art. 10 of the Act XII/1908 as follows: Art. 10.-instead of art. 60 of the LX/1881;
Convenţiunile or waivers made to follow, contrary to dispoziţiunilor regarding the execution restriction contained in art. 54, 55, 57 and 58 of the Act 1881, LX/amended by art. 6-9 of the law on the face of and in art. 56 and 59 of the law of 1881, LX/are void.
The effect on wage execution extends, if in the meantime she happened upon any change in salary, pension, retirement pension, the amount of the definitive global thanks to (excontentarii) or redemption of retirement later in such a way that, without any new dispoziţiune, the court seized from her salary change in relation to nouile rights.
Though tо rights exempted amount deducted or under it, adjourn the execution and effect revives itself when dela rights compete again the amount exempted.
After a five-year suspension, the effect ceases execution.
Article 61 as amended by art. 11 of the Act XII/1908 as follows: Art. 11.-instead of art. 61 of the LX/1881;
Provided to remain untouched for pursued, over the seizure, an annual amount of treizecimii lei, can seize a third of salaries and any other rights that they receive for active service people, neînşirate in art. 6, engaged in a stable way in public or private service.
In accordance with this article, shall be considered in determining those employees, who are not paid with subsistence nor day or week with the piece.
Art. 10.-will be applied properly and in respect of persons referred to in paragraph intaiu of this article, namely the three paragraphs of article 23. 10 as long as people remain in the service of the same companies, enterprises or other patron.
Dispoziţiunile art. 11 of the Act XII/1908 are amended in respect of persons falling within the provisions of the law on contracts of employment, through art. 67, 68, 69, 70 and 92 of this law.
The law on contracts of employment, published in Official Gazette No. 74 of 5 April 1929;
Art. 67.-Wages should not be pursued until the next competition than second tenths dintransul and may not be transferred until the competition than any other two-tenths.
Wages should not be pursued for any claims arising from purchase of alcoholic beverages.
Art. 68.-no compensation may not take place between the wages or part of a debt due to the benefits and some of the employer.
The cash advances, the compensation may not take place until the next competition than a tenth, except for advances to be made in respect of work in progress and who can be retained in its entirety.
Claims are exempt from providing liquid and chargeable instruments or the raw material necessary to the work, which will be compensated at the rate of 1/5 of each payment.
Art. 69.-salary Deductions over, made by bail or surety, cannot outrun a tenth of each payment, up to the amount provided for by the Convention coverage.
Withholding will be submitted under the responsibility of the employer at a home economics Room of State circumscrisptia of work in question.
Art. 70.-addition of the deductions made under any title, up to the limits indicated above, you will not be able to reduce the salary of less than 1/3 of each payment.
Compensatiunile and withholding are privileged, and go before the other privileged claims even out of taxes to the State, the County and township.
Art. 92.-Wages in industry and Commerce officials, delving into the provisions of this chapter may not be ceded or tracked for more than 1/3. The remaining 2/3 to these officials and six tenths from the workers ' wages (art. 67), may not be assigned or pursued than where provided for in paragraph 1. 1, art. 409 of the code of civil procedure of the old Kingdom.
Limit value in paragraph 1. 1 art. 11 Law XII/1908 was fixed at the outset in 2,000 kronor on a yearly basis. This amount was then increased by order No. 5.051/1917 M.E. at 3,000 kronor on a yearly basis, and Lastly, the amount of 3,000 crowns annually was raised by order of 31 Octomvrie Dirigent Council, 1919, published in Official Gazette No. 79 dated 10 January 1920 at inzecitul them.
See in terms of value and limit notes dela art. 6 and 7 (article 54 and 55).
The amount that you can follow for collection of food pensions determined on account of my wife, relatives and downward urmaritului upward and on behalf of the child naturally, reads in art. 14 of the Act XII/1908. This art. is quoted after art. 64. article. 6 and 10 of the Act XII/1908 are cited at article 1. 54 and 60.
Article 62 and 63 as amended by art. 12 of Law XII/1908 as follows: Art. 12.-instead of art. 62 and 63 of the Act XL/1881;
From daytime one can trace only the passing of saptezecisicinci lei.
From the workers ' wages, if you are paying with your day or week with, you can track the amount of saptezecisicinci lei.
Why wages due for work agreement (determined after the work piece) may seize only in so far as, to remain exempt from execution, an amount of sptezecisicinci lei for each day of work.
The amounts which cannot follow in accordance with the foregoing paragraphs, shall be reduced by half if the execution is made for debts in food and rent on behalf of urmaritului and his family.
Rights as soldiers cannot prosecute.
See art. 67, 68, 69, 70 and 92 of the law on contracts of employment, published in Official Gazette No. 74 of 5 April 1929, cited at article 1. precedent.
Limit value from paragraphs 1, 2 and 3 of article 10. 12 was set early in the day, five crowns this amount has been increased by then by orderly 5.051 No. 1917 M.E. 7 50 Crowns and Fahad, 50 £ 7 kronor to date was Fahad increased through orderly of 31 Octomvrie Dirigent Council, 1919, published in Official Gazette No. 79 dated 10 January 1920 , at 75 kronor.
See in relation to the limit value and notes dela art. 6 and 7 (article 54 and 55).
Article 64 cannot trace gratier pensions payable from a cash box from a public fund to help the poor or ' fundational, and AIDS charity and mercy accorded to widows, orphans and the needy ones, generally by the companies instituţiuni, fundatiuni or private sellers.
Art. 64 is supplemented by art. 13 of the Act XII/1908 as follows: Art. 13.-Art. 64 of law 1881 LX shall be supplemented by the following dispoziţiuni: Loans for misery, as well as scholarships and grants for study and travel provided by authorities, instituţiuni, reunions or cooperative cannot impound.
Pension and other rent it receives people watching dela institutiune, or a company meeting in order to help or support members and the remaining people after them, if not otherwise would be removed, as further pension and other pension law having the character of what is appropriate to the persons referred to in paragraph intaiu of article. 11, which the employer receives people watching can end from the impound competition only up to one-third, but it provided to remain natinsa to follow over the seizure, an annual amount of optsprezecemii lei.
You cannot impound pensions rights, they receive widows and children, which from the patron of the persons referred to in paragraph intaiu of article. 11, for services rendered by the man their father respectively.
The limit value laid down in paragraph penultim of article. 13 of the Act XII/1908 was the beginning 1,200 kroner annually. This amount was then increased by order No. 5.051/1917 M.E. at 1,800 kronor annually and finally, 1,800 kronor on a yearly basis was increased by order of 31 Octomvrie Dirigent Council, 1919, published in Official Gazette No. 79 dated 10 January 1920 at inzecitul them.
See in terms of value and limit notes dela art. 6 and 7 (article 54 and 55).
Art. 11 of the Act XII/1908 is quoted at art. 61. Law XII/1908: Art. 14.-in the case of executions directed for receipt of alimony due to the spouse, relatives or downward urmaritului upward, or receipt of alimony determined on behalf of the illegitimate child, the exemptions referred to in article 1. 11 in paragraphs intaiu, two and three. 12, and paragraph penultim of article. 13 shall be reduced by half, and of the rights referred to in the last paragraph of art. 13 may impound.
With respect to claims for medical treatment (Law XXI/1989) and in respect of those other claims which have special rules, you can make deductions and of the amounts referred to in article 1. 11, paragraphs intaiu, two and three. 12, and of the amounts referred to in paragraph penultim of article. 13, to the extent shown in the last paragraph of art. 6. paragraph intaiu of the art. 14 of the Act XII/1908 is modified by art. 2 of Ordinance No. 5.051/1917 M.E. as follows: Art. 2. The second paragraph of article 215-intaiu. 9, and paragraph intaiu of article. 14 of the Act XII/1908 changed in the sense that, in the case of executions directed for receipt of alimony due to the spouse, relatives or downward urmaritului upward or to the receipt of alimony determined on behalf of the illegitimate child, it can seize half the rights neurmaribila * 32), but only in such a way, to remain untouched for pursued, over the seizure of wages and rights with the same character due to active duty (articles 6 and 11 of the Act XII/1908 at least one annual sum of 10,000 * 33) lei, while from the hostel (global final amount * 34)) and of the same carcater (first three paragraphs of article 7 further paragraph penultim of article 13 of the Act XII/1908), at least one annual amount 6,000 lei * 35).
Art. 6, 7, 11, 12 and 13 of the Act XII/1908 are cited at article 1. 54, 55, 61, 62-63 and 64.
The value limits have been increased to the Hungarian inzecitul their Octomvrie by order of the Council 31 1919 Dirigent, published in Official Gazette No. 79 dated 10 January 1920.
See in relation to the boundaries of art and notes from the rock. 6 and 7 (article 54 and 55).
─ ─ ─ ─ ─ ─ ─ ─ *-32) In Hungarian text it says: "jarandosagoknak vegrehajtas reszebol alol Andy".
* 33) In Hungarian text 1,000 kronor.
* 34) Excontentare.
* 35) In Hungarian text 600 kronor.
Law XII/1908: Art. 15.-If you run several rights of the urmaritului referred to in article 1. 6, 7, 8, 9, 11, 12 and 13, the exemptions laid down there is appropriate right after each separately.
Art. 6, 7, 8, 9, 11, 12 and 13 of the Act XII/1908 are cited at article 1. 54, 55, 57, 58, 61, 62-63 and 64.
Article 65 report how long takes the contract concluded on the one hand between the State, public authorities and fundatiuni and on the other hand between the individuals cannot track at all objects that must be delivered under the contract further advances and partial payments, State public authority or fundatiunea must be paid, and the work required for the performance of the contract you can trace only in such a way , not to prevent their use by it in the performance of the contract.
They can seize and during the duration of the contract, claims due and after their completion of final contract due desocotirea individuals, who have concluded contracts with the State, with public authorities or with General fundatiuni.
Cash or values given by way of security, bond, though they can seize, however the lender may wax Chaser indestularea only when and how cease character of bail.
Art. 65 is amended by art. 112 of the law on the public accounting and budget control and public patrimony, published in Official Gazette No. 167 of 31 July 1929 as follows: Art. 112. Garnishment and attachment-over amounts due for services entrepreneurs will not be able to apply only on the final statement; all these amounts due will serve more entrepreneurs to ensure intaiu of the work covered by the contract, and then to pay workers or agents taseronilor material and fittings up to completion and receipt of provisional works.
Article 66 an amount of life insurance that is appropriate to the beneficiary, cannot be pursued for debts of the insured. This rule shall also apply when the am show as beneficiaries-with no indication earlier-the heirs of the insured.
Compensation to be payments by the insurer on the basis of fire insurance, although it cannot track for the debts of the insured person, however portărelul is bound to încunoştiinţeze about the procedure of execution on lenders who got a mortgage right before it happens the fire damage. These lenders are entitled to capitalize against their pursuer's rights or to claim priority to apply to seizure over the amount of compensation and to call for the restoration of the building burned.
The compensation to be provided for payment of movable, it cannot pursue debts of the insured, however, those who got a lien on the furniture provided can pretend to be îndestulaţi with priority, if he announces this justification prior to authorisation of the sum secured.
Article 67 amended art. 16 of the Act XII/1908 after curm follows;
Art. 16.-instead of art. 67 of the LX/1881;
In the case of executions made against those who deal with agriculture, although they can impound animals tragatoare and agricultural tools, which do not fall within paragraph 18 of article 2. 2, however if people watching voeşte for continuing to employ them agriculturei and tragatoare in terms of animal if care and feed of trebuincios, they may not be taking from its available nor can bid, in the period until 15 March, which from 15 Noemvrie.
This case does not apply if the execution is directed against the lessees ' for receipt of tenancy agreement and if the Court jurisdiction for ordering the execution of admitting it by ordering the execution of, or later, by concluding separate.
Art. 2 of the Act XII/1908 is quoted at art. 51. Article 68 objects for transport undertakings taught navigaţiune and rail by force or any porters motric, executions can be made for the debts of the recipient only after the goods have arrived at the place of destination and after he handed the receiver the letter of carriage.
For the debts of the sender may impound objects handed over for carriage, only if there was issued a ticket or receipt of teaching load and if it incunostiinteaza about carrying out the execution — and the culpability of the railways and navigaţiune force motric head station where descdarcarea must be made-in a time when it can still achieve a release of the carriage.
If the ticket was issued charging or receipt of instruction, in the very top above may seize the goods handed over for carriage, ticket holders for the debts of the teaching load or recepisei, but only if you find the ticket of loading or handover and receipt shall be recorded in the judicial deposit or write on it the seizure.
Carrier shall not be obliged in any case to release the seized things before i pay the debt for which the basis of art. 411 P.92 law/1875 him lien and even if they'd release them, Lien remains untouched; It claims he is paid the price achieved at auction as a priority.
If urmaritorul paid this debt of carrier, enters into the rights of pledge and indestulare priority of the carrier.
Art. 411 P.92 law/1875 (commercial code): "the Carrier has the right of lien over the goods carried until the competition claims deriving from the contract of carriage, in particular, for shipping charges, rental and for customs duties and for other debursari. This right of pledge operates until the transported goods were delivered to the recipient ".
"Under this lien valid and whether the owner was declared bankrupt, the carrier is entitled to claim for payment of the debt to its partial or complete sale of the goods for the purposes of dispoziţiunilor art. 409. "
Article 69 prior to the commencement of the seizure, portărelul is required to calculate, at the request of urmaritului, claims and accessories and to cover this expense and in the minutes.
See art. 36 of regulation for the portareilor service.
Article 70 of the execution, With portărelul opportunity is obliged to inquire after their best and to look into the minutes, if the objects over which the execution is made are or not sequestered through a previous execution.
Seizing again has already seized furniture is made through suprasechestrare.
Suprasechestrarea is a new conscriere in that, it is write suprasechestrarea on the original copy of the minutes of the previous execution train with opportunity, making mention of the name of a new pursuer and possibly that of the representative, his place of residence, amount of the claim and the conclusion containing the execution order and to delegate and this note is signed by portărel with the brightness of his time when he made suprasechestrarea.
Conscrierea other mobile, which eventually would seize apart from the suprasechestrate, is made in the usual way.
If, with the opportunity of seizure earlier, things seized were not put under sequestration and seizure shall be made before the new run with more than six months, or if the record of the execution of the base is not available, the new execution is not by suprasechestrare but by ' a new conscriere. Even apart from these cases, portărelul, after his appreciation or at the request of any of the parties concerned, do the execution through a new conscriere and then, when it appears from the circumstances as credible as the's ' in the meantime occurred a change in the objects seized. The previous execution that was learned, must be made in this case in the minutes, with mention of the previous domicile or urmaritorului that of the representative and the amount of the claim.
See also art. 41 of regulation for the portareilor service.
Article 71 amended by art. 17 of Act XII/1908 as follows: Art. 17.-the value of the seized containers is determined by evaluating suddenly with seizure.
If urmaritorul and the people watching on the price of appraisal, it is obligatory. Otherwise, the assessment of a portărelul rule. If the execution must be carried out at the premises of the Court and if the Court is hired a pretuitor stable portărelul leads with oneself and it is assessing. In cases of executions to be carried out in addition to the seat of the Court, portărelul leads the pretuitor spot and it makes evaluation only when it is stipulated that furniture to seizure are those whose valuation requires specialized knowledge.
Apart from the case of the preceding paragraph, pretuitor should be used and when it is requested by at least one of the parties. However, when only urmaritorul asked pretuitor to call, without the need of it for the purposes of the preceding paragraph, the costs of evaluation cannot be set in the task urmaritului.
If necessary, it can bring pretuitor and during execution.
The price of the assessment must be made in the report for each object seized separately.
Article 72 if you sechestreaza mobile, which might have a claim insured with the same legal Lien with which people watching or just sit in the State report of lease rental, portărelul incunostiinteaza for carrying out the execution on inchirietor or on the eviction, by registered mail, which will be put in the mail within 24 hours, finishing the execution count dela. The receipt shall annex to the scripts.
It needs the legal lien inchirietorului over the furniture in the rooms rented to competitors of the rent on a half a year, and the agreement of economic, instalatiunilor * 36 * 37) and cattle) that stood on the property leased or otherwise related to it, before the competition one year tenancy agreement on the enforcement of legally pledge up to this competition and rent on a half-year in question before the competition one year tenancy agreement or for rates that were already due, either for the rates that will be due in the future, either in part for rates that were overdue and in part for the rates that will be due in the future i.e. without consideration if the tenant or property-forming furniture lessees '. The legal right of pledge does not extend, however, and on objects that have come into the possession of the tenant or lessees ' in any way stopped by law.
─ ─ ─ ─ ─ ─ ─ ─ * 36) In Hungarian: "gazdasagi felszerelvenyekre."
* 37) In Hungarian: "joszagokra labas".
Article 73 Cash found among objects conscrise deca people watching don't consents to be used for the payment of all or part of the claim-urmaritorului, further objects of gold and silver and other precious things after they have been cherished, finally, the consequences (art. 80), take them to portărelul themselves, give them your receipt and if you ask urmaritului and urmaritorului and do without postponing the report for such objects in judicial deposit.
Urmaritorul and people watching are entitled to ensure that portărelul to do recording without postponing, if not what would happen, I can announce the failure of the Court orally or in writing.
Article 74 seized Furniture, except as indicated in the previous article, shall be declared by the portărel seized the judiciary, without apply strictly seizure. Will be careful in absence of people watching or to those who face criminal consequences, in cases of intentional destruction or disposal of seized objects.
If the execution was carried out invreo home or shop, the judecatoresac Monaco the main entrance door of the dwelling from the presence or the store.
See art. 263, 264 and 265 of the criminal code.
Article 75 at the request of urmaritorului, portărelul may order the sequestration of the seized furnishings strictly.
The seizure is made strictly in that rule, portărelul, after listening to the urmaritorului proposal, called a trustee of seizure and Yes its administration sequestered in furniture.
If goods trade is sechestreaza, portărelul is bound to put them under the seizure strictly by closing the tailor's shop, and whether or not it sechestreaza entire stock through laying and sealing the seized goods in stead 39), closed out only if urmaritorul now requires express forgetting the seizure strictly.
─ ─ ─ ─ ─ ─ ─ ─ * 38) In Hungarian text it says: "tartalyokba helyezese es lepeosetelese altal". I have translated the word "tartaly" with "dark place", that the Romanian-language word "tartaly" is a synonym. In fact, "tartaly" is generic for any appointment thing they can keep something, such as crates, barrels, tanks, etc.
Shutting down or putting it under judicial seal other seized objects can make portărelul only then, if it is not hindered by this House needed to follow and his family and his usual ocupaţiune.
Article 76 Moving objects seized, if it is found necessary to ensure urmaritorului, ordering by the jurisdiction of the Court pursuant to article 13. 18, at the request of urmaritorului, that is to say, as included in the report, whether it will move forward at a later date. Before ordering, listen in on the Court and watched how he finds necessary, can make moving the filing of security (art. 42) from urmaritorului.
Removal shall be done under the responsibility of urmaritorului.
Article 77 in the case of suprasechestru, if at the request of urmaritorului was not applied strictly at the request of seizure urmaritorului posterior should be strict, but order the seizure urmaritorul should be listened to by the trustee with respect to the proposal portărel seizure and as long as you don't do it, you can call only a curator of the provisional seizure.
If suprasechestrantul ask to move court ordering is obliged to listen in any case previously and on urmaritorul.
Article 78 If people watching, previously urmaritorul, he who shall forward the action to excindere or any other interested, entered in the judicial deposit appraisal price of things seized or, if s ' would figure at a smaller amount, and they tracked bonds, bail law (art. 42) that seized objects will find the untouched, there should be strict and omit the seizure order moving-concerned the seizure strictly disolva and objects will be moved will repay in possession urmaritului.
Article 79 if you sechestreaza claims he has people watching from a third party, it will incunostiinta about the execution debtor urmaritului, by order, which shall be handed in at the counter, after offering proof rules for awarding Court discharges started, but omitandu-is summoning through publication.
If you find about debt document, he shall note on the seizure and the document itself will be joined in the minutes.
Where is sechestreaza any claim provided with mortgage, portărelul book Authority notifies directly funduara that for the preparation of subipoteca law, sending them an extract of report execution in Edition. In this case the effect of the seizure shall be reckoned from the time when was registered the appeal.
If the seizure is applied on the rambursurilor payable for goods handed over for transport enterprises of navigaţiune force or railroads, motric about running incunostiinta will head the teaching station.
Article 80 Claims, commercial mandates, cambial receipts, tickets, loading of general stores warehouse and other effects that can be transmitted through indosament (art. 294 and 295 of P.92/1875), further moneys deposited cash vouchers or on filing libel at instituţiuni financial obligation to publish their balance sheet or other companies only if the applicant has not booked since the right to pick them up personally, generally those claims that can be capitalize in accordance with applicable law or the articles of Association of companies with dispoziţiunile only by the holder of the document issued about claims, usually can only seize if they find opportunity document execution.
Bills of Exchange, and other effects strung above, shall be registered in the repository according to the dispoziţiunilor art. 73, after it was noted the seizure.
If strung above documents cannot be found with opportunity, but teaching execution urmaritului or from the evidence presented by the pursuer arises that there are credible claims and should be urmaritului, seizing can be done through a detailed description of the claim, but its effect depends on finding the necessary document for the annulment of the claim or on his way for legal procedure , started by either pursued either at his own expense by the pursuer.
P.92/1875 law (commercial code) Art. 294.-payment orders and receipts for cash payments or for supply of fungible things or securities without being stipulated obligation to give a prestaţiune if you are to order may be transmitted also by indosament. Indosamentul is valid when transmitentul pass contrapagina official name or his company. (White Indosament).
Art. 295.-in the same way it can transmit shipping and conosamentele, letters of carat, then maritime titles and loans insurance policies, if the order were issued.
(The translation of these two articles is taken from the commercial code in Transylvania annotated by John i. Predovici and P. Wayne).
Article 81 if you sechestreaza a debt resulting from the commercial registers, extract from the register shall annex to the minutes, and in the commercial register shall make mention of the execution, to claim seized.
If you sechestreaza all claims contained in a commercial register, it shall be sufficient if it conscriu the claims making reference to the commercial register and showing is exactly the name of the debtors and the amounts of the claims, and the commercial register shall record on the first seizure of all claims contained in that register, referring to the names of the parties and at the conclusion of the judecatoresca.
For making the statements, and for calculating the amount of the claims, portărelul may apply in case of need expert, whose remuneration will be at the expenses of execution.
Article 82 urmaritului Debtor, having been încunoştiinţat by seizing the crentei, can no longer pay his debt but is bound, how would become due date before the new Court, dispoziţiune to record the Court's competence to carry out the execution or at the place of payment, the Court which incunostiinteaza mentioned before court.
The expenses considered for it, to be determined by the Court, the debtor will receive a refund of the amount recorded.
The debtor, who pays the debt urmaritului or cheated anyone, without a court dispoziţiune, in addition to any criminal consequences, remains bound and materialiceste, as if he did not pay ' would have done.
Article 83 if you sechestreaza a debt of urmaritului, which you can pick up a cashier or Dale if you sechestreaza amounts or items recorded in the judicial deposit Ordinance through which it brings to the attention of the seizure, it shall notify both the tellers and the respective authorities to the cashier that superior, entitled ordonantare. The effects of seizure law begin to sequester, and watched from the presence of the cashier for dela date when it was incunostiintata.
Treasury notes about sequestration and can no longer pay the pursued, not the judicial deposit may be issued, as long as, as it is not incunostiintata cessation of seizure on the part of the competent court for carrying out the execution.
Art. 83.-Is supplemented by art. 18 of the Act XII/1908 as follows: Art. 18.-Art. 83 and 84 of the Act LX/1881 is completed by the fact that, in the particular case when the liquidation is not carried out by the accounting of the cashier, but that under the authority of the ordonantare, about the seizure must be încunoştinţate: cashier, its superior authority and accounts of this and the legal effects of seizure are starting to cash in from the time when it was incunostiintata accounts.
In terms of Cassei popririlor in the hands of deposits and Consemnaţiuni, Decree-Law for organizing Cassei, Consemnaţiuni submissions and published in Official Gazette No. 253 of 1 Noemvrie 1939, contains the following dispoziţiuni: Art. 75.-Garnishments, disposals and any other notices purporting to prevent a refund or change existing rights on the repository, which will not be made in accordance with dispoziţiunilor below are void, and the judges are held to pronounce the nullity ex officio in every kind and degree of court.
Art. 76. Cassei-Garnishments in the hands of deposits and Consemnaţiuni cannot be established upon the deposition, when the request for submission there made the endorsement provided for in art. 10, paragraph 1. c. the garnishment will Also be able to set up and validate it in the hands of the Court or authority that has the receipt in conservation.
Art. 77.-If the authority or the Court which has the receipt in preservation she regularly desesizat her in favor of depunatorului, or on account of which he made submission, attachment is going to be able to set up in the hands of Cassei.
Art. 78.-If, although there's the indication referred to in article 2 10, paragraph 1. c the receipt has not been entrusted to the one shown, according to that text attachment will be able to create valid in Cassei hands, according to these rules shown below.
From the day following the receipt of citaţiunii and interrogation prescribed in article 3. 79 that indicated, pursuant to article 5. 10 para. c, you will not receive the receipt, retention and if depunatorul refuse to accept it back, it will submit to the Court that ordered the attachment.
Art. 79. condiţiunilor-proof of completion of required by art. 77 and 78 para. 1 cannot be done only by questioning one specified by article. 10 para. c Art. 80.-on deposits that were made without mentioning the art. 10 paragraph 1 c and those that were made with this statement but fall within the provisions of art. 77 and 78, para. 1, you can set up the garnishment in the hands of Cassei deposits and Consemnaţiuni.
Art. 81.-Garnishments on deposits made at the central cashier Cassei submissions and will establish the Consemnaţiuni Office Cassei in Bucharest. Garnishments on deposits made to the cash receipt and payment authorities will set up both at the headquarters of Cassei at the hands of her legal representative, and the administration of receipts and payments where the amount has been deposited and which issued the receipt.
Art. 82.-minutes of garnishment must contain the following indicatiuni: number, date and amount of the deposit for recipisei stops, where the cashier made the submission, the name of depunatorului poprit and summary of appearing.
Art. 83.-copy of the application for validation of wage garnishment, which should contain mandatory particulars referred to in the previous article, shall be notified to the person whose account was made the submission, if the debtor is depunatorul, poprit or poprit, where the debtor is one account which he made submission, with invitatiunea to enter the opposition if it has any negative effects.
Art. 84.-previous notification referred to in article will address both the domicile stated in the Declaration of deposit, and at what addresses were notified in accordance with article Cassei. 17 Communication they will be made in accordance with art. the last paragraph of the Law 51 of the face.
Art. 85.-If the one he did not adresta notification of opposition poprit, the debtor is considered to be the only creditor of Cassei.
Art. 86.-The term ' validation, Cassa has no obligation to be present in court, but only to declare in writing, until that term, about the existence of the deposit and the circumstances existing, popritoare and any other declaraţiuni would still have to be done.
The Court has an obligation to consider the testimony by made by Cassa.
Art. 87.-on the basis of the sentence final validation and invested Cash deposits, and payment will be made at Consemnaţiuni request creditor popritor without asking for the receipt, which shall become null and void by operation of a definitive validation.
Art. 88 Cassei hands of Garnishments in deposits and Consemnaţiuni cannot establish and validate only through Court 1 and Court urbana, Department of notaries.
If you are more than one garnishment set up on the same receipts both of these instances, distribution amounts will be made at the Tribunal, Department of notaries.
Ilfov Tribunal notary Department, is alone competent to judge the calls against the books of judgment pronounced upon validation and challenges calls or for distribution.
Any other court seised by the promulgation of the law previously before the will of its own motion decline jurisdiction in favour of the courts referred to in paragraph 1 of article from the face.
State and institutiunile. 54 of the Act for the unification tax garnishment procedure will make observing forms specified by that law.
Art. 10, 17 and 51 of Decree-Law for organizing Cassei, Consemnaţiuni submissions and to which reference is made in the articles cited above have the following wording: Art. 10.-any deposit is made on the basis of an application timbrata, written and subscribed by depunator indicatiuni, containing the following: a) the surname, forename and domicile of depunatorului;
b) name, surname and place of residence of the person on whose account deposit is made;
c) Institutiunea, the Court or the person who will preserve the receipt what will be done for, as well as their domicile or headquarters;
(d) the amount is deposited) or a detailed description of the effects, instruments, jewelry or valuables deposited and their value.
The effects will be received by their nominal value. Acts or objects and jewelry deposited will be assessed, the assessment cannot be less than 10,000 lei.
If depunatorul knows no indicatiunile provided for in point (b), he shall make mention of this in the request.
Art. 17.-Depunatorul has an obligation, under his responsibility, has to notify the works Cassei, immediately of any change of residence or, and any person referred to in art. 10, paragraph 1. a, b and c, and that i would have known any way.
The same bond and on whose behalf the person was made the submission as soon as he knew the existence of this, in legal form.
Notification is required for the performance of Cassei, excluding the forms provided for in art. 51 of the Act, regarding the presence of the recipisei and the loss from the garnishment; It does not imply on the part of the person who makes any acceptance of submission, any affirmation or denial of rights that eventually it has on deposit.
Art. 51.-If the particulars of the application are in accordance with the filing of the declaration provided for in article. 10, it will notify you via portărel by a certified copy of the Pat on the request, all the information given in the Declaration of deposit, in both the Declaration and the addresses that were notified, pursuant to article 5. 17 of the law on the front.
Portărelul or agent entrusted with the performance of this disclosure will communicate according to civil procedure dispoziţiunilor, as i declare or observe the person in receipt of which follows the notification does not live at the address shown, or is deceased, he is obliged to display the address notification, making due mention in the minutes which shall adaptations.
Article 84 If urmaritorul specified in cerearea, as voeşte to carry out the execution only on some decidedly claims as indicated in the application, which can raise public, a cashier from the rock or the amounts recorded in the judicial deposit, omit the delegation portărelului and incunostiinteaza cash seizure is about its superior authority and through ' an order to that effect, which will be included in the on-line ordering of execution.
Art. 84.-Is supplemented by art. 18 of the Act XII/1903 as follows: Art. 18.-Art. 83 and 84 of the Act LX/1881 is completed by the fact that, in the particular case when the liquidation is not carried out by the accounting of the cashier, but that under the authority of the ordonantare, about the seizure must be încunoştinţate: cashier, its superior authority and accounts of this and the legal effects of seizure are starting to cash in from the time when it was incunostiintata accounts.
See popririlor in privinta Cassei hands of deposits and Consemnaţiuni art. 75-88 of Decree Law for organizing Cassei, Consemnaţiuni submissions and quotes after the previous article.
Article 85 For carrying out several executions ordered suddenly against the same sought, there should be a single delegate after experiencing portărel, and subsequently ordered to perform execution, will delegate after experiencing portărelul, who carried out the previous execution still unfinished.
Article 86 If the same portărel is required on the part of several chasers carry different executions against the same party when not yet started actually seizing, conscrierea will be in favor of all followers together and suddenly.
That portărel, who has been tasked to carry out an execution, if carried out against the same debtor to another orderly execution, is obliged to carry along and suddenly and ex officio, even if urmaritorul in whose favor ' ordered the execution to be carried out ex officio, paid according to art. 20 necessary costs.
Of the purchase price of some mobile thus seized, which suddenly sechestreaza pursuers receive indestulare in proportion with their claims.
Article 87 If the portărel a new pursuer after seizing the beginning or if during the execution of portărelul is called upon to perform a execution of its own against the same debtor, in respect of goods already previously conscrise urmaritorul priority towards the posterior urmaritorul nesechestrate furniture, but still will be conscrie together and suddenly in favor of all followers, with effect as indicated in the previous article.
Article 88 Dispoziţiunile art. 86 and 87 shall apply properly and then, if you meet the same borrower several portarei.
In this case, conscrierea is done in the same minutes for all of the following, namely, whether there was another insight, makes that portărel which has already begun, and if sequestration sequestration have not yet started ' none, whose delegation is the oldest.
Article Portărelul 89 issue immediately after the completion of works in which a seizure somaţiune, showing the name of urmaritorului and urmaritului, their residence, the amount of the claim, the place of execution, a general description of containers seized and their price evaluation, portărelului, domicile also invites all those who understand to claim an ownership interest in the seized objects, to submit to the excindere action of the District Court jurisdiction under art. 18 within 15 days date. MORIS somaţiunei
In the cases of art. 86, 87 and 88 will be one somaţiune with the names of all followers.
Portărelul handed out against proof of handing over or send by regular mail or registered mail with a copy of the somaţiunei within 3 days, counted from the presence of communal town hall is completed the execution of execution to be displayed or published according to the custom of the place, and a copy to display it at court.
Those that were presented during the procedure of execution as justified (revendicatori) or whose rights were then announced, shall be provided with proof of the counter handing over a copy of the somaţiune within 3 days or send via mail with registered mail. If it's unknown, revendicatorului House reminder will be omitted.
If the debt is shown in sechestreaza art. 54-56 and 80, further cash, or if it is inchirietorului or sechestreaza for mobile-claims agreement over which has the right of lien urmaritorul; 72, in terms of their somaţiune does not occur for claiming rights and any action of excindere with suspensive effect (art. 93), but you can still make the steps of execution after eight days conducting execution dela.
Article 90 if you are sechestreaza about mobile stating that form a person's property without autoreprezentare and if execution shall be made against that person's legal representative without autoreprezentare, or if it is unknown to the existence of the legal representative of the person without autoreprezentare or person of times spot where, portărelul is required to send a copy of the guardianship question somaţiunei.
Article 91 Portărelul is obliged to submit to the court record train, within three days counted from the way of finishing works.
District Court, after determining the expenses in accordance with art. 27, portărelului the basis for the continuation of refunded works.
Portărelul is obliged to submit all at once with the minutes and a copy of the somaţiunei for claiming rights, which it retains to the Court to be attached to the eventual process of excindere that s ' would go forward.
See art. 44 of regulation for asrviciul portareilor.
Article 92 excindere action will only turn against the urmaritorului, and if you are several trackbacks against all and will submit to the jurisdiction of the Court to carry out the execution in as many copies as, whichever is a copy from the Court, to leave one copy for each fired again. The copy of the Court joins the minutes run or extract thereof certified copy. An applicant who excinde * 39) and people watching will know with rubru. The latter can come into the process in order to defend the rights of urmaritorului.
In the case of art. 14 if the execution is not carried out on some mobile in succession or who have passed on the defunct upon the heir, but is performed on other mobile property forming the heir, for removing of these mobile under seizure, the heir may make excindere action.
Art. 92 is complemented by art. 45 of Act LIV/1912 as follows: Art. 45. Art. 92 of the LX/1881 is completed with that, regarding the actions of excindere will be otherwise applicable to art. 134 and 135 URpr.civ.
Law/1911 (civil procedure): Art. 134. Action must be made at-court process in writing, in the Romanian language, in two copies and with a, and if am rubru several pariti in as many copies as you reach each fired again a copy. If the applicant voeşte try forwarding action on account of paritului in several places at once, you may submit multiple copies of its action on spesele poprii.
The action shall be accompanied by as many copies further closing of citation, drawn with the text prescribed by art. 142, how many copies will be over immediately.
If you are more interested in having common representative or if forwarding can be made true in the hand of one of several representatives of any interested action will be forwarded to them, only a single copy.
If the complainant is represented by counsel, each copy of the action must be countersigned by the lawyer. In the absence of representation by counsel or party or agent must draw up action according to art. 100 paragraph two.
If the party did not forward it to rubrul or action copies the necessary annexes, the registry of the Court, ex officio, will draw up the children's act, spesele the party and they will legalize it.
If the party does not have attached copies of the summons, they will be drawn up ex officio.
─ ─ ─ ─ ─ ─ * 39) Claim.
Art. 135. In the procedure of courts-detour action may be subject to proceedings before the Court. When the action is orally, the Court is obliged to give the party the necessary instructions, and put them in view of shortages, but the exposure cannot refuse training assistance report, asking if the party even after it has been avertizata.
Copies of the minutes, which are necessary for handing over trebuitoare and annexes (article 133), they will be drawn up and legalized graft court, ex officio.
The excindere action is entitled only to the owner of the seized furnishings. The lender does not have this right Pledger.
In connection with this matter High Court of Cassation ruled: "the Court has considered, as having a intimaţi lien over assets".
"Through art. 89 of the Act provision is made for executionala among others like portărelul must require material from all those who would have claimed any right of ownership of the seized furnishings and to submit within 15 days from the date of somaţiunei dela, completenta Court, according to art. 18 excindere-opposition action ".
"According to the dispoziţiunilor art. 461 459 and c.c.a., the debtor remains the owner and averei further pledged the lender pledged not to have been entitled to make use of the property pledged, he was obliged to keep it and to repay debt on the due date, in case its ".
"Gajistul having a property right, but only by retentiune and preference in accordance with art. 89 of law executionala, was not entitled to the action of excindere-opposition, so the Tribunal only by violating mentionatelor law texts up to contestatorului, request to be removed from under the seizure goods tracked and who formed the cooperative's property in Cluj County ".
"Thus, the reason why the finding is valid as long as the appeal is allowed, the Fund to reject the action of the opposition-excindere-intimatului". (Cas No. S. II. Dec. Civ. No. 591 of 29 Noemvrie 1930, published in Sever Andru: the Jurisprudence Summarized vol. I, Bucharest, 1933. 418). Within a excindere action, people watching may challenge-about the effectiveness of the legal act exception-dela excindere action basis when this act is done in order to păgubi lenders and steals the indestulare base. See in this connection the matter public jurisprudence in Stephen Laday: Austrian Civil Code, vol. III, pag. 209-220. When tracking is done by bodies of the Ministry of finance receivables, provisions for delving into Decree-Law Code of tax procedure, those who have claimed any proprietary right, not excindere may submit action after the rules of law relating to the procedure, but will have to make opposition to the prosecution, in accordance with article 5. 273 and the following code.
The prosecution ordered on the basis of the law on the establishment and organisation of the labour jurisdiction (published in Official Gazette No. 38 of 15 February 1933), applicable art. 69 of this law: Art. 69. In relation to execution-will address President who invested what decision is made and will be judged by the rules of civil procedure after this.
The data in these appeals decisions are final. They can be attacked with the conditions laid down in article 21. 11 and 61 of this law.
If the appeal is allowed, the President will set a new deadline, when judgment will be made after the rules of law.
Article 93 excindere action, if forwarded within a period of 15 days counted from the rock somaţiune, has claimed in respect of objects, have suspensory effect on the execution of its continuance.
On the basis of an action of excindere, which was submitted after this deadline or in case of refund, on the basis of an action that was filed after this deadline with gaps filled, execution can be suspended only in case if the applicant makes it to the verosimila action and also recorded at Court, where he would lose the action of excindere , as bail (art. 42), claims urmaritorului and accessories, or price assessment of the claimed objects, if this is lower.
Against conclusion whereby it shall reject the application for the suspension, you can't call (exercise).
Portărelul is incunostiinteaza about the suspension of the execution which was admitted as a result of the action of excindere through rubru official.
Article 94 excindere action is summary judgemental way and is solved by sentence.
More excindere action, filed against the same pursuer on the basis of the same usage or as a result of seizure multiple times to the same objects, is judge and solve it at once.
Those who have carried out until the day desbaterei suprasechestru reclaimed or objects they have seized it again will also cite at desbatere through closing, but may be present in desbatere and without subpoena and can formulate defences.
Pursuers liable to be summoned to the desbaterea action of excindere through their representatives and who stepped in to run.
See art. 55 of Act LIV/1912, quoted after art. 13. Article 95
Excindere processes which have a suspensive effect on the execution of its continuance, it will listen to witnesses proposed by the plaintiff, but witnesses living in the District Court, or probanta side will bring them to desbatere, or to a new term, which will be fixed for this purpose at least 8 and no later than 15 days.
Article 96 In case it proves right, the estate is claimed under seizure.
The rights established by the sentences given in the excindere processes without suspensive effect, if the auction was held and the price was not yet divided, have effect only on the purchase price.
The verdict date in the process of excindere has no effect on the report of the law as between one who claim * 40) and pursued, but they can exercise their rights against each other, and on the common law.
Article intaiu Paragraph of article 97. 97 is amended by art. 46 of Act LIV/1912 as follows: Art. 46. The second paragraph of article 215-intaiu. 97 of the LX/1881 is replaced with the following: dispoziţiuni in the excindere process, the complainant may not do justification, and in case of failure, the time limit for establishment of the process may not require repetition of the summons (art. 430. Civ.). The opposition and the renewal process (review) does not take place. in paragraph two of article Follows. 97: after ' gave a verdict, even neridicata the value of the right, upon an action of excindere without suspensive effect, no longer can you auction on the furniture removed from under seizure, or in the event that the auction was held, the purchase price still existing, it cannot be split. To this end, it shall send a copy of the portărelului deferment of the sentence.
─ ─ ─ ─ ─ ─ ─ ─ * 40) plaintiff.
Article 98 if circumstances existing at dara urmaritorul seizure, could be good faith seized objects are the property of urmaritului, the expenses of the Court be reversed, even if the action of excindere s ' would admit.
Article 99 Those submitting action excindere with suspensive effect on the execution of its continuance, if the claim was proven unfounded, it is obviously condemn, in addition to their obligation to the expenses of the Court, and a fine up to 10,000 lei * 41).
— — — — — — — — — — * 41) In Hungarian text was 500, 1,000 kronor floreni equals the amount which was increased to inzecitul them, under the law concerning court fines increase turnover and how their collection, published in Official Gazette No. 279 of 25 March 1923.
Article 100 Dispoziţiunile art. 92-99 will be applied properly and in terms of excindere processes to be provided for mobile execution carried out with opportunity seized in cases of release and administrative or other opportunity that executions are not carried out according to dispoziţiunilor law.
These excindere are processes that start before the judges in the 2nd Circuit of which the execution has been carried out. '
Dispoziţiunile art. 100 are amended by art. 273-280 of Decree Law for fiscal procedure code, published in Official Gazette No. 78 on 1 April 1942. When tracking is done by bodies of the Ministry of finance, for delving into claims provisions of this decree-law have claimed any proprietary right, not excindere may submit action after the rules of law relating to the procedure, but will have to make opposition to the prosecution, in accordance with art. 273-286 of the top aratatul decree-law.
The prosecution ordered on the basis of the law on the establishment and organisation of the labour jurisdiction (published in Official Gazette No. 38 of 15 February 1933), applicable art. 69 of this law.
Art. 69. In relation to execution-will address President who invested what decision is made and will be judged by him after the rules for civil works.
The data in these appeals decisions are final. They can be attacked with the conditions laid down in article 21. 11 and 61 of this law.
If the appeal is allowed, the President will fix a new date when judgment will be made after the rules of law.
Article 101 after the lapse of the time limit for submission of action excindere with suspensive effect on the execution of its continuance, if ' advanced excindere action will do the steps for further enforcement in respect of all containers seized, and if in respect of some of them was submitted to the action of excindere, the furniture that do not form the subject-matter of the action excindere.
Article 102 seized Furniture are sold through auction or Tribunal.
Portărelul fixed term of the tender, in cases where execution is carried out ex officio, without perseverance, and otherwise, but the verbal or written to urmaritorului or urmaritului and publicaţiune about this one issue.
In publicaţiune it will look like: urmaritorului name and urmaritului * 42), on-line ordering and execution of delegation, the place, day and hour of the auction, generally appearing object that is going to be auctioned and the evaluation price. Objects with a higher value and exceptional quality must be made separately in publicaţiune.
Publicaţiunea is displayed at the Court, shall be sent to the usual publication and display of that town halls where communal to be tender, attire shall be sent to urmaritului and urmaritorului, if you are several trackbacks each of them, and in the cases of art. 72 and inchirietorului.
If the assessment of price furniture to be auctioned passes 6,000 lei * 43) publicaţiunea auction will insert itself into a local newspaper-the lack of it in the Gazette, which appears in place of closest-and if the price of 40,000 lei passes assessment * 44), in the Official Gazette. Budapest auction shall be published in the Official Gazette and then, when the price assessment is more than 6000 lei but under 40,000 lei.
Without consideration to the assessment of the price of furniture to be auctioned, every interested party is entitled to request at its own publicaţiunea tender, even multiple times in the nationwide they will choose. To this end, portărelul is required to release the person concerned a exemplar of publicaţiunii auction. Late or incorrect insertion of such publicaţiuni, no leaven effect auction.
Art. 102 is amended by art. 19 of Act XII/1908 as follows: Art. 19. The second paragraph of article 215-three. 102 of the law change XL/1881 in the sense that the tender publicaţiunea inserted, not allowed to name the urmaritului.
In paragraph four of the same article shall be amended in the sense that, in the case if you are several trackbacks, publicaţiunea auction will communicate only those of them, in favor of which it ordered the auction according to art. 20 * 45).
In all cases (art. 102, 152, 176, 185 and 187 of the LX/1881 when tendering should be inserted publicaţiunea, in the province, in a local newspaper or in one that appears instead of the nearest court is obliged to choose for these publicaţiuni only a Romanian-language Gazette * 46).
Value limits of the law of execution have been increased at their inzecitul, by order of the Council 31 Dirigent Octomvrie 1919, published in Official Gazette No. 79 dated 10 January 1920.
When she gave Council Ordinance Dirigent, crowns were not yet taken out of circulation and for this reason, the Council increased the limits of Dirigent value simply to their inzecitul. Later, after the crowns were removed from circulation, accepted practice to calculate the limits of the law of value, according to each one's Crown.
I pointed out in the text of traducerei limits of increased value in lei, but in the meantime I pointed out in the notes and the limits of value from text in Hungarian, crowns or floreni.
See in relation to the boundaries of art and notes from the rock. 27 and 54.
— — — — — — — — — — * 42) see para. 1 of art. 19 of Act XII/1908 quoted below.
* 43) In Hungarian text 300 floreni.
* 44) In Hungarian text floreni 2,000.
* 45) Art. 20 of Law XII/1908 is quoted at art. 120.46) in the text it says Hungarian.
Article 103 the term tender evaluation price, if not outstrip the amount of 40,000 lei * 47) may not be less than 8 days and more than 15 days, otherwise, may not be less than 15 days and longer than 30 days. This time limit shall be reckoned from the day following the day when publicaţiunea was displayed in court.
See the terms of the previous article note value dela.
— — — — — — — — — — * 47) In Hungarian text floreni 2,000.
Article 104 If, through the storage of seized objects are exhibited a large declines, or if preservation can be done only with expenditures that are not in proportion with the value of their court jurisdiction for conducting the execution, at the request of any interested party, may require keeping the auction prior to the expiry of the period for lodging the action of excindere with suspensive effect, or whether such an action was already submitted before rezolvirea them.
Court decides on the request, after listening to stakeholders and on revendicatorii, and if the attendance for a short term of those interested in meet with difficulties, after listening to the trustee assigned to their account and in case of need, after listening to the experts. Against ordering the closure of the invitation to tender, cannot be appealed, but the (possible) if the party convicted or revendicatorii evaluation price recorded in cash or in good effects for the Security (art. 42), or if the parties understand insurance in another, seized objects shall be issued under the seizure with the omission of holding the auction.
When ordering the auction, the auction, the Court fixed it for a while which cannot pass 8 days. Publicaţiuni through the Gazette-without consideration of the evaluation of the furniture to be auctioned can be done only by those interested, at their expense.
The amount charged to auction shall be recorded in the judicial deposit until the expiration of the term of submission of excindere with suspensive effect, or whether such an action was filed, up to rezolvirea with her.
Article 105 in cases where execution made ex officio (art. 20), the portărelul you and all ex-officio auction, and otherwise only then, if the term of the tender be urmaritorul people watching, either personally or through a representative or if you announce that, though not voeşte to be represented at the auction, however, requires keeping the auction.
Before the auction, portărelul, following the disposition of the Court or the head of the aid, or, takes upon itself the objects stored and presented herself at the spot on the day and time fixed for the invitation to tender, reckons the amount of indestulare and accessories, which, if pursued would carry, immediately start the auction.
Article 106 people watching is entitled to indicate the order in which to take the auction, maybe even out to auction mobile phones instead of conscrise, but if there shall be levied from these claims and accessories, the auction continues over conscrise objects.
If the convict does not voeşte to use this right, the auction shall be made in the order conscrierei, positions.
The competence of the Court to carry out the execution, at the request of any of the interested and if necessary after hearing the other parties and may require colectiunile to bid on, and suddenly taking into account the circumstances and the items of the same kind or genre, even though they have been sechestate in various positions. Against the conclusion of what ' in this regard, it cannot be appealed (recourse).
Article 107 each object is shouting at the cost of assessment and if there is no valuation price, auction price is reduced gradually.
The auction continues until the deals are done and if you make any other offer, subject to the bid, after he shouted three times the price offered, are declared on the part of whoever bought that offered more, even if from other competitors were not made available.
Article 108 of the auction should be paid immediately to the purchase price of each item, cash and once he did, the subject of the bid shall teach in the possession of the buyer. If the one that offered more n ' would immediately pay the purchase price, the bid is immediately again. The competitor who did not pay n ' is entitled to eventual price difference in addition establsihed in Exchange is obliged to complete the eventual amount less and can no longer attend the auction on ahead.
If there are no previous sechestranţi are not known or if the creditors entitled to bail unless they made any statements of privilege nor the judiciary ordered the safe custody of the amount earned from the auction, urmaritorul has the right to buy at auction without paying cash to its debt and competition accessories or to allow others to buy on credit. In both cases, the purchase price shall be reckoned (computa) in debt. If there are several trackbacks this right can be exercised only if in this respect has been a învoiala in agreement.
In the case of an execution, executions carried out on the basis of a judgment given in an action or recourse to insurance cambial * 48) urmaritorul cannot use this right.
— — — — — — — — — — * 48) In Hungarian text reads: .
Article 109 of exceptional quality among the cat furniture to be auctioned or pretend circumstances to lay down special conditions of tender, at the request of any interested party, who shall forward it until tender and display publicatiunei to join the certified copy of the minutes, the competence for carrying out court-execution, possibly after hearing others interested in generally, appoint tender and advises about this without postponing portărelul and stakeholders. Against the conclusion of what ' in this regard, whether he admitted either as he rejected the request, it cannot call (exercise).
If the rigid conditions of payment shall be determined in the special instalment, at the request of any interested party, it must be entered in the very top of the auction and that it will take an appropriate and vadiu objects will bid the buyer only after full payment of the price.
The publicaţiunea tender should be cover where you can see the very top of the auction special auction and will keep you on the basis of these conditions.
Court has the right to include in the publicaţiune special condiţiunilor on essence it has set and whether it presents as necessary, can fix instead of the auction deadline set, another term for auction.
If you have set special conditions of tender, those who wish to bid are obliged to sign these special conditions before being admitted to the auction.
Article 110 About auction is dreseaza minutes in which include: the designation of the parties, the number of the minute of running the underlying debt auction, and accessories, showing current bid in sequence objects and besides insemnarea items in the report, the name of the buyer and the sale price. Those who have made statements of privilege (art. 111) will look precisely in the minutes of the auction.
The tender shall be signed by the pursuer and the parties or their representatives may be present (art. 26).
Handsets sold in auction, only if you were not out ' has set another condition in accordance with art. 109, passing immediately in the property to the purchaser, and the cancellation of the auction has no effect on the right of the property buyer got.
The circumstance that she kept the note auction will be on the record and this record will sign for portărel.
In accordance with article 5. 233 of regulation portareilor, the auction service is after the rules of law relating to the procedure of execution. Thus, the dispoziţiunile art. 51 of regulation for service portareilor does not apply.
Article 111 All those who claim that they had the right price furniture removed from a indestulare auction before debt, urmaritorului as the basis of execution not s ' would be carried out previously in favor of their execution, are obliged to declare their privileges, portărelului, before the auction, in writing, a copy, or verbally. About the verbal statement, portărelul should take minutes.
Many such statements are verbal may include in a single report.
The laws, which include the most common privileges include: Decree-Law Code of tax procedure, published in Official Gazette No. 78 of 1 April 1942: Art. 317.-Claims of the State, counties, municipalities and all public authorities and institutions from taxes, surcharges, fees, fines and other special contribuţiuni, had the privilege over the entire fortunes and movable property of the debtor, after the provisions below.
In terms of property, privilege is limited only to taxes and surcharges due to the past five years, under the express condition that the taxes and fees to wear upon property sought, without the need for it to comply with the formality inscripţiei.
Years are counted on the exercises.
For all other taxes, fees and fines, and any other claims with accessories, inscripţiei rank, privilege has and if I'd taken the inscription, privilege passes before any lender chirografar.
In terms of furniture, privilege passes in all cases before any privileged creditor, in compliance with special privileges.
In the case of competition between the authorities, the order of preference is the State authority and public institutions of the State, County, and township authorities and public institutions, and municipal services.
Decree-Law for organizing Body of lawyers in Romania, published in Official Gazette No. 205 sin 5 Septemvrie 1940: Art. 157 paragraph 1. last: payment of the fees is provided in terms of the things mobile, preserved or entered in the customer services provided by heritage lawyer with legal privilege over these things, and the buildings, by means of a legal mortgage, which will rank on the day of inscripţiei, without injury to the rights of preference.
The law on contracts of employment, published in Official Gazette No. 74 of 5 April 1929: The art. 71 of the law on contracts of employment and he slipped a misprint. The exact text is: the law on contracts of employment, published in Official Gazette No. 74 of 5 April 1929: Art. 71.-Claims against the employer of the employee, be it employee with day, week, month or year with work or piece, for failure to pay wages and benefits, is guaranteed in full, with a general privilege in rank immediately before any unsecured claims.
Article 112 Inchirietorii and arendorii are obliged to announce, before the auction, the amount of the claim in respect of which a claim to legal lien even if the right of pledge, based on the rental or lease, it is pointed out in the report, without specifying the amount of the claim there.
Unless he submitted Declaration of privilege and after execution basis nor is previously known, the pursuer auction will continue until then, until the cover claims urmaritorului and accessories, in question until all bids are seized furniture.
In this case, claims urmaritorului together with the accessories is payable shall be paid off immediately against receipt, of the purchase price receivable; original documents relating to the claim, if it has been entirely cancelled by payment made, shall be taken from the way of the pursuer and surrender, and urmaritului otherwise note urmaritorului on the part of the original payment document and after having done it ', the document is returned to urmaritorului for proof. If urmaritorul is unable to produce the original document, submitted to the Court the amount portărelul how make claims.
After being urmaritorului, portărelul indestulata debt urmaritului cash possibly teach what's left, against receipt, issued by the court seized objects under seizure and nelicitate and do within 3 days-report about the procedure on the basis of court and presenting him-to delegate, and that, if the execution was carried out on the basis of rogatory, on the basis of the Court who has trained Commission rogatorie. District Court which ordered the execution of incunostiinteaza parties about the arrival of scriptelor, by concluding with adaugirea as they may see tribunals and removing children from them.
In the case of executions, carried out on the basis of a judgment given in an action or recourse for cambial insurance amount charged shall not be released, but urmaritorului shall be forwarded without procrastination with report separately, to be recorded in the judicial deposit.
Article 114 If the submitted statement of privilege or if on the basis of execution arises is previously known, the pursuer auction continue until till to cover all the claims and the accessories, or until validated all cell phones seized.
In this case, if the terms of the purchase price after all interesatii have reached a mutual agreement, the învoiala of învoiala that will be included in the report itself, the distribution of the purchase price is immediately portărel, according to this învoiala; otherwise, all on the basis of statements and any privileges submitted shall forward within 3 days the competent court for carrying out the execution, and the purchase price and any valuables nelicitate (art. 73) shall submit without delay with the report separately, to be recorded in the judicial deposit.
See also art. 51-63 and 223 of regulation for the portareilor service.
Article 115 the auction will be the outfit according to the rules of art. 102 and following even when it is ordered pursuant to article 13. 106 of Act XXVII/1876 on the pledge manual of creditor or under article cambial. 305 and 306 of the Act on the pledge P.92/1875 manual given to ensure claims deriving from a commercial act. In these cases there is no somaţiune for claiming rights and privileges for any procedure. After he ordered the auction and was rated the pledge manual, the portărelul is obliged to issue the tender publicaţiunea and carry out the auction. Insured bonds will be indestulata by the portărel, and the eventual difference in addition along with the original draft, paid shall be returned to the debtor, the bankruptcy of mass, or possibly in case of setbacks, is submitted to the Court (art. 113).
Against judicial discharges data during this procedure can be done (use), and works against discharges of opposition, and portărelului but these have suspensive effect only the distribution of money received in the auction.
Law 1876/XXVII abrogated via the law on the Bills of Exchange and promissory, published in Official Gazette No. 100 of 1 may 1934.
P.92/1875 law (commercial code): Art. 305.-If the pledge was given, on the basis of a written contract, in order to guarantee a debt, derived from a commercial act and if the debtor does not meet its obligations on time, the lender is entitled to any of the objects in the database, without being obliged to institute court proceedings against a debtor in advance.
For this purpose the creditor presenting records required will make application to the Tribunal, his domicile, or that without hearing the debtor and on rizicul-danger-and the expense of the creditor directs sale of objects put up for collateral or any part thereof.
The lender is obliged as far as posibilitatei to notify the debtor immediately ordered both the sale and making them and teach the debtor the amount to prisoseste after sale. If the lender does not make notification, compensation is liable.
Art. 306.-If the pledge is given in order to guarantee a bond deriving from acts of trade and whether the parties have stipulated in writing, as the lender may compensate from the pledge is given, without the intervention of the judiciary, the lender has the right, in case if the debtor does not meet its obligations on time, to pledge the public sale pue, in such a case it is free, if data objects in pledge also being quoted on the stock exchange or market , sell them through authorized persons and, on the price quoted. About selling carried out is obliged as far as posibilitatei and under raspunderei aftermath of damage, to notify it forthwith to the debtor and to teach them the overflow of the vanzarei.
(The translation of these two articles is taken from the commercial code, annotated by John i. Predovici and P. Wayne).
Article 116 If the purchase price receivable from the auction is scant to pay claim urmaritorului and accessories urmaritorul can claim as portărelul to continue execution and cat make such request directly portărelului till tender shall be submitted on the basis of portărelul, is obliged to carry out the execution: urmaritului continuativa upon which stood in the constituency of the same judges, without a new delegation.
Except in this case, ordering the execution of continuativa until ' basis have been repaid in accordance with article 5. 113 the Court which ordered the execution by the Court for carrying out execution rogata after rogata returned on the basis of court, the Court ordered the execution.
Article 117 except art. 116, the execution takes place: a continuativa) where urmaritorul looks like, its not covered claims through objects taken under liens with the opportunity the previous execution;
b) If s ' excindere action has been made regarding the seized furniture or part of them, or if the said privilege;
c) if it requires deletion from conscriere seized objects, on the grounds that you can't keep track.
As a rule, construction and ordering by continuativa court competence to carry out the execution. However, in the case of section a), whether for carrying out the execution were several judges, rogate is competence to order the execution of that court which continuativa ordered his execution.
In the case of section a), District Court shall have the right, as appropriate, to determine the expenses borne by the urmaritului execution of continuative or cease. In all other cases, the expenses of executing continuative people watching them endure.
If urmaritorul ask to ordering continuativa execution before being carried out orderly execution, in this case, though the execution may have been ordered, continuativa though costs demand execution cannot be set in the task urmaritului.
Article 118 in the case of art. 114, if in respect of the purchase price allocation n ' there was no învoiala in agreement, court jurisdiction for conducting the execution in the short period in which to secure a distribution and price quote for all stakeholders. Those interested can cite the desbatere through their representatives and who stepped in to run. If any part cannot be quoted at desbatere because i do not know if their domicile or until proof of desbatere arrives on legal citation of a part that was not shown, is called on account of its curator, without citation by publication, and with the attendance of the Trustees can't you desbaterea at the specified time , a new time limit shall be fixed for a short time as possible.
Article 119 the order of indestulare is determined by the judge, after hearing of the parties concerned, and the date over the issue ruled against parts immediately.
The expenses of the auction, and will be publishing the series before any other claims.
If, with the opportunity that shall not be declared against the closure of the (use of) the purchase price shall be distributed immediately, and in the case of appeals (recourse), declared that the opportunity may motivate in writing within 3 days, the basis shall submit within eight days.
The appeal has suspensive effect only with respect to the payment of those claims, whose indestulare depends on the judgement that will be given on the call (use) of the superior court. Those claims, which do not account for the higher court decision, are indestulare at any rate of the purchase price is paid, even if he did appeal (recourse) immediately.
In the second against the conclusion of the Court, if he changed the first instance occurs with suspensive effect to the appeal court.
Such an appeal shall be submitted within 8 days, counted of the date of conclusion of the communication, which from the second court * 49).
Claims that the lender, which has a right of pledge-based execution, although it seriaza in the order of preference of the right of pledge, if does not intervene between those interested in another învoiala, shall be recorded in the judicial deposit in an amount corresponding to rezolvirea with the value of the claim process.
If you dispute the credibility of a claim secured by pledge, along with the corresponding amount recorded in judicial deposit, the claim will be guided to submit to the jurisdiction of the court action, in a fixed period of 30 days, counted the value of Dale as the conclusion and whether the debt is still not counted on the day of maturity, the maturity that will show through. This process will start against urmaritului, remaining untouched right of intervention in the trial of the person concerned.
The laws, which include the most common privileges are shown after art. 111. The Decree-Law on tax procedure code, published in Official Gazette No. 78 on 1 April 1942, features: Art. 324.-courts to communicate to the Office any picture of the distribution of any amount of money, at whose tax was quoted as saying.
— — — — — — — — — — * 49) see art. 40 of Act LIV/1912, cited at article 1. 34, as well as notes related to this article (pag. 23-25).
Article 120 amended by art. 20 of Law XII/1908 as follows: Art. 20.-instead of art. of the 120 LX/1881: In cases when there are several trackbacks (86-88 LX/Act 1881), as well as when the same mobile are seized and suprasechestrate, how the law does not make the distinction, the auction shall be ordered if the ordering of them was required in only one of the trackbacks-indestularea claims for all followers with seizure and with suprasechestru , in favor of which was already performed the seizure until the day of issue of the publication of the tender.
This dispoziţiune does not apply to: 1. If urmaritorul or suprasechestrantul has announced the termination of his claim;
2. If justified the termination of the people watching the claim with receipt of money order or other document;
3. Except in cases when the execution was carried out ex officio, if urmaritorul or suprasechestrantul don't ask auction for one year, counted from the way the date of seizure.
In the case of point 1 and 2 announcement can be made orally or in writing to the Court that he carried out the execution or at portărel.
Verbal announcement must be made in minutes.
In the case of section 1 must be încunoştiinţeze about people watching announcement, and in the case of section 2 urmaritorul.
If the announcement indicated in paragraph 2 shall be carried out after the issuance auction publicatiunei auction, you must dress in favor urmaritorului or suprasechestrantului referred to in the announcement only then, if the auction and require keeping them.
Dispoziţiunile above do not reach the right of pledge of urmaritorului or suprasechestrantului mentioned in point 1-3.
Article 121 If they confiscated effects, which were being quoted on the stock exchange, those, as a rule, do not remove the auction, but they sell the part portărelului with the intervention of the parties concerned, whether it is in the stock market, through the intercession of a scholarship, and curtier if the commune is not inducing any scholarship, instituţiuni, or in some other appropriate manner, but in any case against payment in cash. Sales invoice joins the scripts.
The sale by more than two percent below the middle of the day, the price can only be made with the consent of all interested parties.
If the commune is not capitalizing on the stock exchange, and if you can't do it in the manner indicated above, the competence of the Court to carry out the execution, on the basis of the report made by the portărel, address for the purpose of sale within the competence of the Court of rogatory dela headquarters nearest scholarships.
If you can't make the capitalization after any of the above ways, the effects of having being quoted on the stock exchange are sold through auction and judicial process.
Article 122 If he seized a debt of urmaritului, the urmaritorului urmaritului, the debtor is obliged to declare themselves in that regard: 1. Whether and to what extent recognize acknowledges the existence of the claim and whether it is willing to make payment?
2. If someone formulates any right in respect of the claim seized, and what law?
3. If there is in favor of another seized debt creditor and if so, what claim?
Somatiunea for making the Declaration shall be included in the Ordinance by which we bring to the notice of the execution, or if urmaritorul would ask for it later, the debtor will be summoned by the portărel to make the Declaration, by concluding separate.
The Declaration must be made within eight days, counted from the way the Ordinance is handed over or separate conclusion through a script signed by the borrower, or at portărel.
Portărelul will present a written statement or court the train about verbal declaration for which the urmaritorul is obliged to make the entry stamps.
Article 123 If debt is a debt in seized cash and has lien upon it none other except the pursuer, urmaritorul may wax, the Court's competence to carry out the execution, to transfer 50) about executionala this debt upon himself.
If the debt-claim and seized urmaritorului accessories race, in the absence of other învoieli, the transfer can be done only if urmaritorul pays the difference in cash.
If there's a document about debt, transferring to write on the document, which shall be issued in the original urmaritorului.
Except art. 80, claims can not be cheated, transferred over the urmaritorului before it expires the deadline for the submission of excindere with suspensive effect, or whether such an action of excindere was forwarded to her with rezolvirea.
People watching is responsible for the existence and incasabilitatea of the claim transferred about execution.
If the claim is for securing the tabulated the book funduara the right mortgage, for the transfer of funduara inscriptiunea in the book, it notifies the authority of funduare books.
— — — — — — — — — — * 50) I used in the translation of the word ' transfer ' face, because Hungarian is spoken in the text [..].
Article 124 if the claims cannot be cheated, transferred * 51) according to the previous item, and then, if urmaritorul wants to transfer the claim seized, may request the Court of Justice jurisdiction for conducting the execution, be authorized to collect claims cheated or appoint a curator for this purpose.
If upon the claim and other lien or if claims cheated, is greater than the urmaritorului and its accessories-claims, if only between the parties n ' there was another învoiala, cash will appoint a curator; otherwise it is entrusted with the collection of urmaritorul.
Urmaritorul may be required to take dispoziţiuni in terms of cash seized and claim before expiry of the period for lodging the action of excindere with suspensive effect or rezolvirea of such actions.
However, if the submitted action excindere with suspensive effect, until its resolution value right, you can't order (art. 125) or distributed (art. 136) the amount charged.
Urmaritorul entrusted or trustee appointed may start the process for cashing claim on behalf of or as the applicant, but is obliged to inform about starting on the process is being pursued, if i know the House, by registered letter which i sent to your home.
— — — — — — — — — — — * 51) see.
Article 125 Urmaritorul entrusted with collection or the trustee is bound, named after the receipt of the claim, to report to the competent court for carrying out the execution, and the trustee is obliged to submit report besides the cash received.
District Court, where apart from the pursuer ' has another lien on the amount received, an authorised to cover the claim. Amortisation rate on any document that would exist about the debt and for this purpose the original document should be presented.
Urmaritorul can not dispose over an amount receivable shall be made before this closing of ordonantare.
Article 126 Court fixed time limit for the distribution of the cash received and paid up by the curator and distribue the sum charged in accordance with art. 118 and 119.
If the claim for insurance received has been a inscriptiune of the right of mortgage in the book funduara and over it they got subipoteca rights, the agenda is set by the indestulare serial funduara of rank, with the proper application of the rules on the distribution of the purchase price in real estate and for this purpose, the trustee is required to provide the entrusted to advise or report and a recent book funduara was acknowledged.
Those expenses and fees of the trustee, which were not settled towards the debtor, are urmaritului with opportunity and price shall be paid to the distribution of the amount charged in the first place.
Price distribution will be made in accordance with art. 118 and 119, and then, when either a particular public, either a cashier to submit to court-voeşte amount that was seized from them in more favor. In this case, the money will be submitted to the Court whose portărel has carried out the first execution.
The warehouse request will annex a painting signed by the depositor, compiled about all pursuers in chronological order of sechestrelor, and the original ordinances issued by a court or other authority, respective of their portăreii * 52).
— — — — — — — — — — — — * 52) of their Delagatii. See art. 19. Article 127
If the cash received is not pretentiunea * 53), the Court ordered the capitalization of object pretentiunei received about tender and portărel delegate for this purpose.
In this case, you do not need to issue somaţiune for claiming rights, and the price of appraisal, which serves as the auction price, it sets the portărelul, how it thinks necessary with the intervention of one of judicial experts employed in stable manner, without the usual procedure of appraisal. The price charged, indestularea is done according to the rules of art. 125 and 126.
— — — — — — — — * 53) [.], they were.
Article 128 in the case when the claim seized, urmaritorul e neincasabila shall have the right to claim its starue as indestulata by either running to focus on another urmaritului wealth. Expenses and charges cropped up with the claim by the court seized, will add to the claim of the accessories.
Right above it needs urmaritorului and when relinquishing the right of pledge collected over the claim seized, or if it looks like, although he has not seized it claims, sufficient coverage (art. 117 of the point).
In case of waiver of the right of pledge, urmaritului debtor will be endorsed.
Article 129 If claims seized through execution is pending of a condition, if the due date of the claim spans longer than half a year, if it's a debt pedinte contraprestatiune if urmaritului against the debtor is under bankruptcy, or if the realization of the claim e impreunata with weights for other reasons, the court orders the sale by auction court claim or require harnessing them otherwise.
Upon such a request, the Court is obliged to listen to follow, and if it is not in the country or if the domicile is unknown, the trustee who shall be called on his behalf.
The auction rules are laid down for you after the auction securities.
The cash claims shall serve as a first-price sealed the nominal value of the claim, but which do not bring claims interest, will be deducted from their nominal value a difference of interest until the due date of 6 per cent.
Auction price for such pretenţiuni it establishes, pursuant to article portărelul. 127. the auction Purchaser enters into the rights of an assignee for valuable consideration; and documents released about claims and eventual pledge manual that serves as insurance, will the auction. If there is a claim for the insurance inscriptiune the right mortgage, it will refer the matter to the Office of authority, funduare books for notatiunea auction what was ordered and what change has occurred, appearing in person to the creditor.
Against the purchaser in tender cannot formulate any third party right, which failed to submit the action of excindere in a timely manner.
Article 130 lifelong pension and other claims payable in installments from time to time, with indefinite duration, cannot capitalize in accordance with art. 129, but indestularea is done by transferring * 54) seized pursuant to article rates 123, or revenue; 124. — — — — — — — — — — * 54) see note 50 dela art. 123. Article 131 minor Rights regaliene * 55) is sechestreaza after the rules fixed for execution of securities. It establishes assessment price portărelul in the amount of unasuta times income tax. If the amount of income tax you can't prove, the evaluation will be determined based on the data and informatiunilor presented by the parties, or if these rights are administered jointly, based on data and informatiunilor who will reap dela dela composesoratului President, cashier, both members of the loners or composesoratului dela arendaşul.
However, if the exercise of a right is inseparably linked regalian minor of a building, this right can only be executed at once with the building.
With the exception of those cases where an urmaritorul real estate executions may wax to take property under execution and suddenly with minor yet regalian unseparated.
— — — — — — — — * 55) "minor Regalia" in Hungarian [..].
Article 132 if you sechestreaza a urmaritului law, got a over a fortune based on a legal act between the live, urmaritorul will be authorized on behalf of the competent court for carrying out the execution, through closing so that he could harness the right sequestered. Seized documents relating to the right, for how you have found to follow urmaritorului is issued in order to capitalize on the right.
The conclusion above entitle them to capitalize on urmaritorului in urmaritului favor the right of ownership or rights in rem, as it could harness the people watching. For this purpose it may start urmaritorul and process on behalf of or as the plaintiff. Expenses and fees established by judicial process in the process, it adds to the accessories of the claim.
Follow-up tracking over ownership or rights in rem capitalized, is made according to appropriate rules.
These rules apply with respect to works and then, when the execution is done over the redemption of zalogului that would have people watching with respect to an estate * 56).
— — — — — — — — — — — * 56) In Hungarian: .
Article 133 If he seized a debt in cash of urmaritului, which you can pick up a cashier or from the presence in the warehouse, the competent authority to carry out the execution, authorised cash urmaritorului bonds cheated, after she raised the value of law and the procedure for making this conclusion and it contains ordonantare, the superior authority of the cashier (art. 83). This authoritative guide to e bound without delay, to make cash payment at the hands of eventual urmaritorului, waiting for time to pay.
In conclusion, ordonantare, will show the amount performed together with accessories, counted until the day ordonanţării, as we will show that, if it is more appropriate interest from the day ordonanţării to indestulare * 57) and if so, after how many percentage amount. If there are about debt document, urmaritorul is obliged to present to the Court in order to recover the original document before they release the conclusion of ordonantare, payment or amortization through ordonantare.
— — — — — — — — — — — * 57) Payment.
Article 134 if you intend to perform the forced execution of immovable property seized on the way of implementation, it is ordered by the Court jurisdiction under article. 2. This Court, if it is at the same time competence and for carrying out the execution, it is obliged to issue somatiunea; 89 and to delegate enforcement to carry out execution of portărel; otherwise it's obliged to refer for that purpose to the jurisdiction of the Court of rogatory in accordance with art. 18. In this case, the period of 15 days for the submission of excindere with suspensive effect, it counts from the day the display somaţiunei from the Court.
Excindere any action submitted before issuance of the somaţiunei, they also have suspensive effect, but fully in excindere actions are not determined an application includes the contrary, they are judging and deciding only after expiry of the period from somaţiune, with other possible excindere actions that were submitted.
Moreover, with respect to the execution of enforcement will apply the rules set out above even when the forced execution is done on previously seized mobile through execution.
II. IMPLEMENTATION of IMOBILIARĂCînd execution is done for real estate claims delving into the provisions of the Decree-Law on tax procedure code, published in Official Gazette No. 78 on April 1, 1942, are applicable to art. 240-272 of this decree-law.
Excerpt from the code of fiscal procedure shall be published at the end of this paper.
Article 135 where the execution of a claim for cash collection to be done over a building in construction demand will determine the property number funduara book and if in a book funduara include several bodies of funduara and fortune doesn't make it over all the objects of wealth, it will look like and the body or bodies to which wealth is asking the execution with reference to the numbers from the book funduara topografici. At the same time it will look into the request and the Authority's competence to carry out funduare books runs.
If, for the claim to be cash on the way, and he tabulated or was already previously prenotat the right mortgage, it will look like and this circumstance, with reference to the number by which the conclusion was ordered preparation or advance booking.
Art. 135 is completed by: Law on the amendment and repeal of law no 230 of 11 July 1930, for the unification of certain dispoziţiuni relating to enforcement, published in Official Gazette No. 179 of 5 August 1938: Art. 1. the application for enforcement-In real estate, the lender is obligated to show the value of each of your listings that aims, the value cannot be less than ten times the revenues from the tax roles for urban buildings and eight times the revenue from the tax roles for rural buildings.
Ordonand command execution or conclusion will make mention of the value shown by the lender.
Decree-Law on completion of article 4. 1 of the law enacted with the high Royal Decree No. 2,772 in 1938, published in Official Gazette No. 179 of 5 August 1938, published in Official Gazette No. 273 of 24 Noemvrie 1939-unique article. Add after paragraph 1. I art. 1 of the law enacted with the high Royal Decree No. 2,772 since 1938 and published in Official Gazette No. 179 of 5 August 1938, the following paragraphs:
"If the building was pursued land whose natural number of funduara can be identified with the tax roles, Mayor of the commune in which lies the land will issue a certificate which shows the average value of dwelling jugar".
"The debtor pursued will be able to challenge these certificate, evidence that the identity of the land can only be made with the tax roles".
"The average amount of housing provided in the certificate from the Town Hall, replaced by referred to in the first paragraph of this article".
"When the building was watched Woods what not included in tax roles, its value will be able to establish through oneşti, certificate within which lies the forest and which will take account of the age of paduros, the possibilities of exploitation and transportation, as well as distance until debuseul closest."
Article 136 when ordering the execution, the Court shall send to the authority a copy of books funduare the execution of the application accompanied by the conclusion of ordering the execution in order to intabula the right mortgage, or to be made in regards to the right of inscriptiunea mortgage prenotat, concerned to note the right execution.
Funduare books authority rogata * 58), as there is no funduara book, PIP is obliged to order the tabulation of the mortgage law, mortgage law inscriptiunea in regards to prenotat, run notatiunea entitlement question.
— — — — — — — — — — * 58) Hearing.
Article 137 tabulation of the right of mortgage executionala, notatiunea question of the right of execution, can be ordered when the right property is only prenotat in urmaritului favor, pending law of justification, and if prenotarii over ownership in urmaritului favor tabulated is the prenotat property of another, with the effect of law pending of nejustificarea prenotarii.
In this case, urmaritorul, based on the conclusion that ' ordered tabulation of conditional mortgage executionala or notatiunea right, can make the steps needed to justify property rights in urmaritului favor prenotat or for termination of ownership prenotat against urmaritului, adding the expenses which shall be determined by judicial process based on the accessories; and the auction may be required after rises in value as the decision ordering cancellation of or justification.
Though it was noted in the book of funduara process started his claim for the proceeds of the pursuer tabulated or preparation or advance booking, reserve the right of ownership in favor of a third person who was ' would do after the process, notation cannot serve as a hindrance for the unconditional right of notatiunea and carrying out the execution.
These dispoziţiuni shall also apply where the right mortgage was tabulated, without a prior trial procedure, on the basis of an enforceable act (art. 11 of Law GUGALEALA/1871, article 111 of law/law of 1874, BYOMKESH XXV/1878, article 11 of the Statute of the pawn shops and article 2 of Law 39/1879), or if the tabulated or prenotat on the basis of a judgment of conviction , or transactiune, in which cases, preparation or advance booking of ownership in favor of a third person, made right after the mortgage was entered, also can no longer prevent the unconditional right of notatiunea and carrying out the execution.
Article 138 If, in accordance with article 5. 74 of regulation books funduare, intabuleaza right is conditioned upon an estate executionala mortgage passed over urmaritului about succession or tied, but still neintabulat or even prenotat as his property, the continuation of the measures of execution should be suspended until it intabuleaza ownership urmaritului. To this end, urmaritorul is entitled to make the necessary steps, based on the conclusion that ' ordered tabulation of the conditional. Expenses cropped up, established by judicial process, add the accessories in the process.
Regulation (Ordinance) funduare books on 5 February 1870, in force in the territory of the aplicatiune of the Austrian civil code: Art. 74.-as soon as he opened the inheritance right of eredelui, its creditors have the right to acquire ownership of their insurance claims and claims from legacy, through intabulatiune, although the property from an inheritance, it is not yet transcribed on the name, there's cat eredelui other legal conditions; such insurance, however, may be permitted only subject to, lest vatame claims of law, what would crop up at the desbaterea heritage, and have effect only when time, Dale ' did the teaching. (Translation of this article is taken from Dr. John Papp and Paul Funduara, paper Princess vol. I, Cluj, 1922, page 65).
Article 139 the conclusion of ordering the execution shall be communicated to both the urmaritorului and urmaritului; However, if the application is rejected, the execution is incunostiinteaza only urmaritorul, with return of all copies of the application for execution.
If the authority rogata * 59) rejects entirely the tabulation of the right of mortgage executionala, prenotarii mortgage right justification, run notatiunea entitlement question, incunostiinteaza and urmaritorul are the only court that has addressed the Commission rogatorie * 60).
If you repay the strictest it makes hand-urmaritului, it's called of a curator without citation by publicaţiune, and shall be communicated to the Trustees and the other judgement conclusion that it may bring in the course of execution, until the people watching their house looks or announce in representation.
— — — — — — — — — — * 59) Hearing.
* 60) the Court that made the referral.
Article 140 on both sides have the right to appeal (recourse) within 8 days counted from the presence of communication, against the conclusion given by the Court on the issue of jurisdiction as a prerequisite, and ordonarii against the conclusion given by the authority on the issue funduare cards inscriptiunii executionala the right mortgage or run notatiunii entitlement. The appeal against the (use of) the conclusion of the execution order, the appellant shall attach the copy was given to the execution of the application.
With respect to the conclusion of the execution of the court order, the second acting permanently. However, against the conclusion of the second court, to change the conclusion of the book authority, the issue date funduare intabulării executionala the right mortgage, in regards to prenotarii and run notatiunii entitlement, it may appeal that will go forward in 8 days * 61). With respect to the suspension of such effect (recurgeri), serve as the dispoziţiunile directive art. 37. — — — — — — — — — * 61) see art. 40 of Act LIV/1912, cited at article 1. 34 and this article notes dela (pag. 23-25).
Article 141 About call forwarding * 62) (recurgerei) against the conclusion of ordering the execution of the decision of the superior court and will be notified to the authority of funduare books.
If the second court to quash, disolvat, on-line ordering of execution, or changing the conclusion rejected the request for execution, preparation of the right of mortgage executionala, prenotarii or notatiunea justification of law execution will radiate from the Office and for this purpose the competent authority shall give consent and of books funduare.
If the Court has authority to change the conclusion of the two books funduare, incunostiinta about it, apart from the parties, and the Court ordered the execution.
In regards to inform Parties, apply the General rules.
— — — — — — — — — * 62) about the handoff (recurgerei) from the jurisdiction of the Court.
Article 142 tabulation of the right of mortgage executionala run notatiunea entitlement or has the effect of law, the tabulation or creditcard to the rear of the property, may not prevent the continuation of the prosecution.
Article 143 If ownership of a common wealth is the name of the truthfulness of the parties determined and execution is not directed to the receipt of a claim which would impose an additional burden on all owners, the funduare, citing books by ordering preparation of mortgage law executionala or notatiunea run all right interesatii, you desbatere formal * 63) and after a procedure of proof required , acting through the sentence * 64) over with.
If there proves to the contrary, the truthfulness is considered equal to all, except, when are enrolled with indeterminate portions of a person's descendants and spouse, in which case half the building is considered the property of the husband, and the other half owned by descendants enrolled as owners in equal portions on the ends or on parantele.
In this case, the invitation to tender may be required only after raising the value of the sentence.
Art. 143 is amended by art. 47 of Act LIV/1912 as follows: Art. 47. The second paragraph of article 215-intaiu. 143 1881 Act LX is amended in the sense that funduare books authority decides through closing and not by the verdict.
The last paragraph of art. 143 1881 Act LX shall be replaced by the following: part dispoziţiuni, who suffered during this procedure any injury, they can capitalize on the way to pretentiunea an ordinary law.
In the case of this article, may be required only if the auction does not justify the books funduare, within 30 days, the submission process against the completion of that authority. In the event that they justify the submission process, the auction may be required only after he raised the value of the right decision ' has settled the lawsuit.
* 63) see para. 2 and 3 of article 10. 55 of law LIV/1912 (p. 10).
* 64) see art. 47 of Act LIV/1912, cited below.
Article 144 expires after 15 days, counted from the rock with people watching the conclusion of the ordering intabulării executionala mortgage law or notatiunii law, urmaritorul may be required, through an application submitted to the authority ' books funduare a copy, to order the auction.
In this application will look exactly the required buildings being auctioned, it will calculate the claim together with the accessories, the farther it will present the data necessary for determining the price of sale (art. 145) and the draft condiţiunilor tender.
In this way may wax tender and people watching.
In accordance with article 5. 1 of the law on the amendment and repeal of law no 230 of 11 July 1930, for the unification of certain dispoziţiuni relating to enforcement, published in Official Gazette No. 179 of 5 August 1938, urmaritorul is forced to show the value of each of your listings that aims already in demand.
See this text after the Bill. 135 (p. 91).
Article 145 in order to establish the price of the auction, you must submit a certificate issued by the perception, or if the giving is in the village, a communal certificate, about putting the State at cat was imposed last year expired property to be auctioned.
If the property is removed together with the tender and regalian right, in order to establish the price of the auction, and will present data according to art. 131 regalian right minor considering the tender together with the building only then, if you look it in publicaţiunea tender.
Art. 145 is amended by art. 1 of the law on the amendment and repeal of law no 230 of 11 July 1930, for the unification of certain dispoziţiuni relating to enforcement, published in Official Gazette No. 179 of 5 August 1938, and by decree-law for completion of this Act.
Texts which amend art. 145 am after the quotes. 135 (p. 91).
Article 146 authority cards funduare, if it finds that the auction may be ordered, by issuing publicaţiuni has an auction, and if it finds that the auctioneer cannot be ordered through the conclusion of rejection, which will pass on the request for tender, on the basis of targeted soaking urmaritorului forwarded pursuant to article 5. 144 and pointing out possibly in conclusion of rejection must be filled out, gaps that can be ordered.
Article 147 The case ordering auction publicaţiunea auction, what issue should contain the following: a) exact property removed Appearing in court after the auction in Vienna and book number funduara;
b urmaritorului Name and urmaritului) and appearing in figures of capital claim, for whose collection it's facing execution;
c) price of auction;
(d) the time and place of the auction), the latter with the brightness of the day after calendar and time;
vadiului e) Amount you need to deposit people want to buy;
f) payment deadlines;
g) Noting that, generally, established auction suddenly issuing tender publicaţiunii, you can see the official times in the books funduare and the Mayor of the commune in question.
If the auction price of the property passes 100,000 lei * 65) also if the auction price is less, but the building is located on the premises of the authority of funduare books or close to him, the auction will be fixed on the premises of the authority funduare, and books for the auctioning of real estate located in another place, where the price of a sale cannot exceed 100,000 lei , will auction the communal Mayor's Office that fix. At the reasoned request of the urmaritorului, made by auction, or at the request of the other parties submitted prior to solve the demand for auction authority book funduare can fix the tender spot and when the price of timber passes 100,000 lei.
Suddenly with issue publicatiunei auction, the auction will be noted in the book funduara.
Art. 147 is complemented by art. 21 of the Act XII/1908 as follows: Art. 21.-Art. 147 1881 Act LX shall be supplemented by the following dispoziţiuni: the Court shall set the amount of vadiului after taking into account the circumstances and urmaritorului, made the proposal in this regard. This amount may not be less than five per cent and higher than twenty percent of the auction price.
When bids, State is not obliged to file vadiu. Are not required to submit bids, when vadiu estate encumbered in their favor with the right mortgage, no-liability companies and cooperatives based in Budapest, authorized by paragraph two of article. 10 of Law XXX/1889 to issue tax-exempt mortgage bonds analog, and the central cooperative credit established by Law XXIII/1898. If the purpose of the law, lose vadiul competitor competitor exempted under this article to submit vadiu, is obliged to enter in their judicial deposit amount corresponding to vadiului, within eight days of receipt of the Authority's somatiunii dela books funduare.
The auction publicaţiunea must point out and that the building does not bid under a quota auction price indicated in art. 26 and as, the purchaser is obliged to fill in the vadiul; 25 * 65).
Limit value. 147 was originally equal 5,000 floreni 10,000 kroner. The limit value has been increased by then, by order of the Council 31 Dirigent Octomvrie 1919, published in Official Gazette No. 79 dated 10 January 1920, inzecitul of them. When she gave Council Ordinance Dirigent, crowns were not yet taken out of circulation and for this reason, the Council increased the limits of Dirigent value simply to their inzecitul. Later, after the crowns were removed from circulation, accepted practice to calculate the value of the Act limits the execution for each counting one Crown. Thus, the limit value. 147 is 100,000 lei today.
See note 11 dela art. 27 (p. 27) as well as art. dela notes 57. article. 147 is amended by art. 3 of the law on the amendment and repeal of law no 230 of 11 July 1930, for the unification of certain dispoziţiuni relating to enforcement, published in Official Gazette No. 179 of 5 August 1938: Art. 3.-Auction will you separately for each of the goods, and where are the land books on each of the bodies of land.
Warranty what competitors will have to submit to real estate sales, according to the laws in force, will be in cash. Privileged mortgage or lenders on the property sought, as well as its joint owners are dispensaţi.
The sum of the beginning strigările dela, will be fixed according to the dispoziţiunilor art. 1, reduced by 25%; It will be shown in the publicaţiunea.
— — — — — — — — — — — — * 65) In Hungarian text 5,000 floreni * 66) Art. 25 of the Act XII/1908 is quoted at art. 170, and art. 26 of the same law in article 14. 171. Article 148 Paragraph intaiu of article. 148 is amended by art. 48 of Act LIV/1912 as follows: Art. 48. the first Paragraph of article-. 148 of the LX/1881 dispoziţiuni is replaced by the following: in the absence of an assessment by experts in accordance with art. 22 of Act XII/1908, auction price must be determined after evaluation of the property price, turned out with official certificate of release and evaluation.
Paragraph two of article follows. 148: in order to be able to set the price of an estate auction of tax exempt urmaritorul must accompany the request for tender (art. 144), where the building is located on the premises of the authority of funduare books, paper evaluation issued by any of the employees of the pretuitorii establish authority, and if it is located elsewhere, the book evaluation issued by two members of the respective town halls. In this case, the auction price will be the price of the evaluation (articles 159 and 160).
Dispoziţiunile art. 148 are filled in and through art. 22 of Act XII/1908 as follows: Art. 22. Dispoziţiunile-art. 148 of the LX/1881 is completed by the following dispoziţiuni: Urmaritorul, and apart from the case of art. 159 of the LX/1881, wax, before issuing the tender publicatiunei, ca real estate price assessment to establish, at its expense, about regular assessment by two experts who will appoint ex officio. In this case, publicaţiunea can deliver auction only after finished rating and price of auction price assessment serves.
This article is amended by paragraph three of article. 3 of the law on the amendment and repeal of law no 230 of 11 July 1930, for the unification of certain dispoziţiuni relating to enforcement, published in Official Gazette No. 179 of 5 August 1938: Art. 3 paragraphs 1 and 2. three: beginning strigările dela Amount will be fixed according to the dispoziţiunilor art. 1, reduced by 25%; It will be shown in the publicaţiunea.
Art. 1 of the law, published in Official Gazette No. 179 of 5 August 1938, and Decree-Law for filling in this article are cited after art. 135 (p. 91), and the complete text of these laws at the end of the paper.
See also art. 171, and notes this article. dela
Article 149 On sale price, which shall be established in accordance with article 4. 148, it bids the suddenly inseparable from the buildings and accessories real estate than ruining the substance or significant impairment.
Among the very top cat auction include an stipulaţiune to the contrary, real estate is suddenly bid and harvest neculeasa to him urmaritului. Price evaluation, if any of you interested in proving with certificate issued by a judicial or pretuitor by two members of the Town Council (art. 148), presented before the tender for eight days, will add of portărel at price of auction with auction opportunity.
By doing this do not touch dispoziţiunile from publicaţiunea vadiul tender regarding what must be filed.
See art. 1 and paragraph 3 of the law on the amendment and repeal of law no 230 of 11 July 1930, for the unification of certain dispoziţiuni relating to enforcement, published in Official Gazette No. 179 of 5 August 1938. The full text of this law lies at the end of this paper.
Article 150 Suddenly with issue publicaţiunii tender funduare books authority lays down rigid conditions of auction-taking into account of the real estate to be auctioned, for its price and the project presented by the pursuer-in such a way, as on the one hand indestularea urmaritorului to be made without delay without leave, and on the other hand not to vatame any urmaritului and interests of mortgage lenders nor to competition between the ingreuneze what they want to buy.
The very top of the auction will comprise in particular: stipulaţiuni clear in what rate, at what time and where you have to pay the purchase price and the buyer must meet in order to be able to take possession of the property auction and in order to make the transcription in the book funduara.
In the very top of the auction should be include as, the purchaser is obliged to pay the purchase price after a 6% interest rate, reckoned from the day of the auction, and tax charges in connection with the purchase. These bonds are the purchaser's task and then, if the auction does not generally make the remembrance of them.
Whereas in the very top of the auction is not expressly shown, includes vadiul in cash or in good effects for the security at the rate indicated in article 1. 42. Art. 150 is amended by art. 1 of Decree-Law for establishing the interest and usury, published in Official Gazette No. 102 of 5 may, 1938, cited after art. 42 (pag. 30-31).
Art. more 150 is amended and paragraph two of article through. 3 of the law on the amendment and repeal of law no 230 of 11 July 1930, for the unification of certain dispoziţiuni relating to enforcement, published in Official Gazette No. 179 of 5 August 1938: Art. 3 paragraphs 1 and 2. two: the guarantee of what competitors will have to submit to real estate sales, according to the laws in force, will be in cash. Privileged mortgage or lenders on the property sought, as well as its joint owners are dispensaţi.
Article 151 For one tender is fixed for the term of the auction, if the price of a sale cannot exceed 40,000 lei * 67), for at least sasezeci and not more than 90 days, counted from the day following the display publicaţiunii, and if the price of the sale 40,000 lei passes for at least ninety days and no more than unasutadouazeci, counted on the same day, noting that , the building is sold in this period and under the price of auction.
See paragraph 3 of art. 3, art. 4 and 5 of the law on the amendment and repeal of law no 230 of 11 July 1930, for the unification of certain dispoziţiuni relating to enforcement, published in Official Gazette No. 179 of 5 August 1938. The full text of this law lies at the end of this paper.
— — — — — — — — * 67) In Hungarian text reads a value of 2,000 floreni. See in this connection limit value notes dela art. 27, 57 and 147.
Article 152 Publicaţiunea auction brings to the attention of the authority, through the display of books and funduare her way through the regular circulation in the territory of the commune concerned and the neighbouring communes.
City Hall, in whose territory the property is situated to be auctioned, i shall send a copy of the publicaţiunea tender for display, and a copy of the auction, ready to take knowledge of them (art. 147).
If the auction price passes 300 floreni, an extract from publicaţiune with a), b), c), (d)) and e). 147, insert once in a local newspaper, the lack of it in the Gazette appearing in place of closest-and if the price of timber passes 2,000 floreni, you will insert three times in the Official Gazette.
In insert statement publicatiunei tender in the Official Gazette, but only once, and even then, if the price of the auction is over 300, however, cannot exceed floreni 2,000 floreni.
In addition, each concerned (art. 153) can wax to insert publicaţiunea auction, at its expense, without consideration for the sale price, and in another newspaper or several times. To this end, the authority is obliged to books funduare release party shall submit a copy of the tender publicatiunei. Late or incorrect insertion of such publicaţiuni has nothing to leaven the auction effect.
On the copy of publicaţiune, showing the books funduare, head of the dispatch is obliged to write down the day and sign display. This copy of publicatiunei rises after the expiry of the tender and after the day on which the rate was high, must be attached to the file * 68).
Paragraph 3 of article 7. and article 19. 23 of the Act XII/1908 had read as follows: Art. 19 para. 3: in all cases (art. 102, 152, 176, 185 and 187 of the LX/1881) when the auction should be inserted publicaţiunea, in the province, in a local newspaper or in one that appears instead of the nearest court is obliged to choose for these publicaţiuni only a Romanian-language newspaper.
Art. 23.-Art. 152 of the LX/1881 change in that auction, publicaţiunea will be inserted in the Official Gazette and only then, if the price of the sale by moving four thousand crowns.
Art. 152 is now modified by art. 2 of the law on the amendment and repeal of law no 230 of 11 July 1930, for the unification of certain dispoziţiuni relating to enforcement, published in Official Gazette No. 179 of 5 August 1938 as follows: Art. 2.-the lender is obliged to publish a newspaper spread in the country and one at the place where the auction, an extract of afiptului or publication contains the description of the asset sale, the name of the debtor, the Court referred to sale, town where you will hold the auction, if the sale will be done by tender spot, date and time of the sale and the folder of umarire.
This publication, the only mandatory, five days before the day fixed for the auction.
See, in terms of real estate located in military areas, art. 1 of the Decree-Law on the modification of dispoziţiuni of the law for the creation of zones and military measures necessary for defence, published in Official Gazette No. 79 on 2 April 1942.
— — — — — — — — — * 68) Art. 152 has been completed and amended by paragraph 3 of article 7. and article 19. 23 of the Act XII/1908, but filling and modifying what was brought by these texts has been repealed by article. 2 of the law on the amendment and repeal of law no 230 of 11 July 1930, for the unification of certain dispoziţiuni relating to enforcement, published in Official Gazette No. 179 of 5 August 1938.
Article 153 Publicaţiunea tender, which is also considering closing of ordering auction communicates together with the rigid conditions of auction: a) Urmaritorului;
c) all those in favor of which is tabulated, according to the book funduare, mortgage, or is subipoteca right over tabulated any right of mortgage is tabulated, or tabulated or prenotat, the real estate to be auctioned, another right, book funduara, or whose request with such an object is denoted by residential or note that indefinite rejected înţelegandu here and any co-owners or other urmaritului you interested in according to the book of funduare;
d) Inspectorate release * 69).
If revenue is in favor intabulata a claim that does not derive from any fees or taxes, but otherwise, publicaţiunea shall be communicated to the judicial affairs directiunei * 70).
Publicaţiunea tender interesatilor shall be communicated to show the points b and c)) with the omission of quote by publicaţiune, after handing over the rules of the Court discharges started.
If, within 30 days, counted from the rock publicatiunei arrives, showing proof of handing over regulated communication publicaţiunii tender interesatii dela b) and (c)), the funduare books for interesatilor neincunostiintati representation called the curator. Suddenly, with the appointment of the Trustees will be handed in, at least 15 days before the expiry of the tender, tender and publicaţiunea together with the very top of the auction.
For interesatii whose domicile is unknown, you can call the curator and Rumania before trying.
Curator named represents throughout the procedure of execution on a data subject, on account of which he was appointed, until it doesn't care.
Into how there verosimila a collision of interests, the same trustees can call and order more interested, but pursued will be called always separate, if not curator was appointed under article already. 139, namely, whether representative or from the process is also called locueste on the premises of the Court, in the person of it.
Interesatii is incunostiinteaza about the appointment of the trustee by registered mail, addressed to their residence and if it was not ' would know, the Township in which the property to be auctioned.
— — — — — — — — — * 69) instead of the reported quoting Inspector is today the Financial Administration.
* 70) instead of judicial affairs directiunei is quoting the Ministry's central legal Department respectively.
Article 154 after expire 30 days counted from the rock publicatiunei, display card funduare authority, with the eventual appointment of Trustees, required under the preceding article, shall entrust with carrying out the auction a delegate, who teach on the basis of need.
For conducting auctions books authority dela funduare (art. 147), delegate, as a rule, a judge or a notary public, and for keeping the spot auction it has delegated, as a rule, a portărel, shall be addressed to the rogatory in order to delegate portărel, that judges of the detour in which constituency following an auction.
Article 155 Stipulates, for cat form one body in accordance with the law, to be auctioned at a time.
But if any body of Fortune funduara consist of several parcels entered under different numbers, urmaritorul is entitled to submit an application through the petition tendering, as singuraticele plots to be bid separately. Upon such a request card funduare authority decides after listening to all the interesatii of the book funduara with home. Against the conclusion of data does not take place (recourse).
Urmaritorul is required to provide in this case the data referred to in article 1. 144 in such a way, that, to be able to fix the price of auction of various plots separately.
More bodies of Fortune book funduara, even if the ' tender at the same time, as a rule, may not be bid at a time. However, at the request of urmaritorului the petition tendering and after hearing from the book interesatilor funduara with home known authority can require the funduare books, to bid the same encumbered with buildings suddenly inscriptiuni book funduara, if you are covered by the same book funduara, or where the nature is situated beside one another.
Art. 155 is amended paragraph intaiu of article. 3 of the law on the amendment and repeal of law no 230 of 11 July 1930, for the unification of certain dispoziţiuni relating to enforcement, published in Official Gazette No. 179 of 5 August 1938: Art. 3 paragraphs 1 and 2. intaiu: the auction will you separately for each of the goods, and where are funduare books on each of the bodies of land.
Article 156, 157 and 158 amended by art. 24 of the Act XII/1908 as follows: Art. 24.-instead of art. 156-157 of the LX/1881: If, between several co-owners of an immovable, the execution is done only for duty for one or more of them, but not for everyone's duty, as a rule, the auction ordering only the portiunei of the person sought or track.
However, if within 15 days, counted from the presence of tender publicatiunei display, all other co-owners in the sky, by petition, and also advances the amount required — that falls into their task-for expenses, the nouei card publicaţiuni funduare ordered the auction over the entire building and setting a new deadline for the auction, deliver a new publicaţiune. This request cannot be canceled.
Each of the joint owners who called the auction can compete for real estate. For this purpose, you must submit only the proportionate share from vadiu in relation to the offices of the other co-owners.
If he bought the building one or more co-owners, the buyer is not bound to pay the purchase price share bouncing over his portion of the property. The distribution of the purchase price receivable and termination of tasks shall be made in this case in such a way, as if he were ' would be removed in the auction only portions of the other co-owners.
Article 159 Accessories real estate to be auctioned, as a rule, there is no conscriu on the spot. Urmaritorul has the right to submit the request for tender and a conscriere and accessories, made by a court employee pretuitor stable, the two members of the Town Council, in which case the assessment price of accessories will add to the price of the auction.
And if on the basis of the tender side by side would demand arises, the auction of real estate to be auctioned, which shall be established in accordance with article 4. 148, is at least 100,000 lei * 71) and then if urmaritorul turns out with a certificate issued by a pretuitor employee in stable or by two members of the municipal town hall, or authentically, as otherwise the property to be auctioned is built a factory, or a steam mill, or other previous building having the determination of significance of price may wax, before ordering, auctioning is effected by portărel * 72) a conscriere point accessories spot and settle both the price of their assessment and evaluation of the price of real estate, appraisal, by two experts who will appoint ex officio. In this case, the auction ordering after completion of works on the spot and that the price of the auction price of the evaluation served.
See also dispoziţiunile art. 1 of the law on the amendment of law No. 230 of 11 July 1930, for the unification of certain dispoziţiuni relating to enforcement, published in Monitorul Oficial nr. 179 of 5 August 1938, and Decree-Law for the completion of this report, at the end of the paper.
— — — — — — — — — — — — — — — * 71) In Hungarian text floreni 5,000. See in this connection limit value notes dela art. 27, 57 and 147.
* 72) In Hungarian text: delegate.
Article 160 And article apart from previous cases, until he submitted a request for tender, people watching is entitled to require the authority of funduare-books into how advances expenses fall into his task-to make conscrierea and evaluation of real estate through accessories two experts appointed ex officio.
If you make such a conscriere and evaluation of accessories, the minutes, which will join the scripts and adaptations and publicaţiunea tender is issued after completion of the works; and that price will be the price bid evaluation.
See note dela art. 159. Article 161 If over property to be auctioned is noted in the book funduara a claim of ownership, yet the nerezolvita law, and claims in his book urmaritorului funduara is intabulata after it has been noted that claim ownership, the auction cannot be ordered until rezolvirea with the value of the claim.
If, in respect of the claim, the trial marked is not yet under way, at the request of urmaritorului, revendicatorul must be guided to forward the process in a fixed term; having the right urmaritorul to intervene in pending or in process that is going forward.
And if the debt has inscription in urmaritorului land claim, before noting the auction shall be ordered and carried out without consideration for the claim, but that portion of the purchase price, which remains after indestularea with inscription positions in advance of the claim, you must outfit notation in judicial deposit until rezolvirea with the value of the claim.
These rules will be applied, and then, if, upon the real estate to be auctioned, is any process of ownership.
Article 162 If a building is noted in the book funduara, with priority over the claims of urmaritorului, a right of redemption, the auction shall be ordered Godwin provided to remain untouchable right of redemption of Zachariah.
However, if your debt is urmaritorului intabulata notatiunea with priority over the right of redemption of Zachariah, the auction shall be ordered without consideration to the right of redemption of Zachariah, and the rest of the purchase price, which remains after indestula positions of the pre-war loads notatiunea right of redemption of Zachariah, chronicled in court must deposit until it decides on the right of redemption by Zachariah through judicial sentence or through transactiune.
Article 163 If over property to be auctioned is documented in the book funduara a right of servitude, ordering auction provided that the right of servitude to remain untouched.
However, if the property is a intabulata over debt before tabulation of servitude, with ordering the auction should be established and the amount that is sufficient to indestularea the previous mortgage debt total servitude, and in the very top of the auction it will look like, and how that building was sold with right of servitude for a price which does not reach the amount determined an immediate goal, the required positions of the previous tasks from the book funduara inscripţiei servitude, the auction becomes without effect, and the property is sold at the deadline again, without maintaining the right of servitude.
Article 164 if the object of the auction is a vineyard, at the request of urmaritorului, or urmaritului, or any interested jurisdiction court tabular, for carrying out the execution may have been ordered to give via the administration of a curator of seizure appointed ex officio.
Administration through the curator of other immovable property seizure can be ordered only if the petitioner to justify that, without this property is exposed to auction until the danger of depreciation.
In terms of the call (recurgerei), which will go forward against publicatiunei tender issued by authority of funduare books, which is to be considered at the same time as the conclusion of the auction, as well as ordering with respect to the suspension of its effect, to apply the General rules (article 37).
In this call you can (use) requires and repair damage caused by dispoziţiunile funduare books Authority relating to the ordering of the tender, with the concomitant run-up to issue publicaţiunii.
In addition to this, those concerned (art. 153) have the right to make opposition addressed the authority of funduare books, which must be submitted within 8 days counted dela publicatiunei is handed over, for changing the condiţiunilor tender laid down, as well as deficiencies in the form of authority committed by dispoziţiunile funduare books relating to the ordering of Auction * 73).
Over the opposition of funduare books authority decides in 8 days-in case of need after listening to others interested in-and cat find opposition in consequence has to be justified and if necessary issue a new tender publicaţiune.
Request for modification of the condiţiunilor tender, submitted after the term of 8 days, it can only consider then, if she adheres to all interesatii (art. 153) through authenticated signature or declaration taken from the minutes of the funduare card.
If forwarded and appeals (recourse) and opposition, shall be submitted to the Court on the basis of the second appeal, but after rezolvirea only in that case, if the damage claimed has not been resolved as a result of the opposition.
— — — — — — — — — — — — — — * 73) In Hungarian text reads: .
Article 166 If, when ordering preparation of mortgage law executionala, is developing a procedure for the forced execution against the same watched the same building, in order to collect the debt of another follower, funduare books, authority declare, by ordering the execution of the mortgage intabulării, on urmaritorul urmaritorul as posterior adhered to previously, and the ordering of incunostiinteaza membership on the pursuer , previously pursued and on urmaritorul.
Article 167 If he ordered joining, as there was no ' issued yet tender in publicaţiune favor urmaritorului previously, at the request of any pursuer will issue a collective tender publicaţiune in order of receipt of claims previously urmaritorului and posteriorly, with the brightness of both trackbacks, unless one or the other to announce filing pursuer divestment dela.
And if publicaţiunea tender has already been issued previously in favor of urmaritorului, books funduare, suddenly, issues with ordering additional accession publicaţiunea, through which orders he gets you in the posterior and favor urmaritorului favor urmaritorului auction ordered previously. This is only publicaţiune additional urmaritorului communicate and display in the books funduare. However, at its expense, each interested party has the right to insert additional publicaţiunea in the Gazette in the manner described in article 11. 152. In the 15 days in advance of the auction can no longer make a publicaţiune and if at this auction the building was sold, at the request of posterior urmaritorului will be a new tender in accordance with article publicaţiune. 147 and the next. Except in this case, joining law has the effect that if the auction ordered in favor not urmaritorului you for any reason, the auction is in favor of the posterior urmaritorului joined.
Article 168 third person, which, through the implementation of what he did upon any building, feels damaged the rights in rem which it has upon the property or any part of it, apart from the specific cases covered by art. 156, 161, 162 and 163, may submit, with the authority of funduare books, action against urmaritorului, suspended in whole or in part of the execution of real estate.
This action is judged rules protocol works and resolve through sentence * 74). Against the decision of the second court, which approved the first sentence ' courts, does not take place.
If the applicant or right justify the merits, through action or at desbatere, in a way worthy to be believed, the authority may suspend the card funduare the auction until resolution of the jurevalida of the action either unconditionally, be subject to the lodging of a security (art. 42).
— — — — — — — — — — * 74) see paragraphs 2 and 3 of article 10. 55 the LIV/1912, cited after art. 10 (p. 10).
Article 169 on the day of the auction, portărelul * 75), presenting himself on the spot, if the auction shall be ex officio, an outfit you from Office, and otherwise only if the urmaritorul or people watching or if any of them announce, through the written petition or by delegation from the report date, they will not be represented at the auction, but the sky yet keeping them. People watching may not take part in the auction as a competitor, unless the debtor is not required by the urmaritorului, but is forced to suffer real estate bidding only for the reason that he's the owner of the book funduara.
— — — — — — — — — — — * 75) In Hungarian text: delegate.
Article 170 before the start of the auction, portărelul * 76) counts the amount of indestulare and accessories, which, if pursued would carry, read the very top of the auction and invite those who wish to bid, to submit to his hand vadiul or teach them proof reglementara * 77) about advance vadiului recorded in judicial deposit and ready to sign the tender.
After this, start with the auction price of the auction and shall continue until till to make deals. If nobody voeşte to provide more, portărelul set a fixed time for the closing of the auction, which may not be shorter than 5 minutes longer than 15 minutes, but may be extended, at the request of any of the contestants, along with another 15 minutes.
If you are making a new offer, the auction should be continued and when the offers cease, snaps a new fix, as above.
Until the expiration of the time fixed, everyone would want to bid, you can and in the meantime to submit vadiul and can make deals.
After the expiration of the time fixed in the meantime, if you haven't ' made no higher offer, the building is declared on the part of whoever bought that offered more and through this auction is declared complete.
Art. 170 is complemented by art. 25 of the Act XII/1908 as follows: Art. 25.-Art. 170 1881 Act LX shall be supplemented by the following: dispoziţiuni, which provided for building a higher price than the price of the auction, if nobody voeşte to provide more complete, it is obliged to immediately vadiul in relation to the amount offered, the cat was so many percentage points and the percentage vadiului in relation to the price of the auction. If it does not comply with this obligation, the offer did not take into consideration and can no longer take part in the auction, which should be continued without delay.
If the auction doesn't make anyone any offer, but before the bid and someone else building it bought from its side declare, concerned, if there were several competitors, who offer more. If this passes, price to be applied dispoziţiunile the preceding paragraph.
Competitor, exempt pursuant to article 13. 21 to file vadiu, it is not required to submit any amount for completing the vadiului.
— — — — — — — — — — — * 76) In Hungarian text: delegate.
* 77) Today and deposit receipt Consemnaţiuni Cassei.
Article 171 If there is no outcry, portărelul price * 78) is bound to diminish gradually until the auction price to make deals.
If the offer is made in respect of further works are to comply with dispoziţiunile art. 170. The property shall declare the person who bought the part offered more, even if the price offered by the auction and took part only him alone at auction.
Urmaritorul, if it is present or if it is represented at the auction may wax suspended, even in the course of the gradual decrease in the price of the auction, but only until then, until any of the competitors did not offer. In the case of auctions ordered in favor of multiple trackbacks, but his pursuers together can use this right.
This right of suspension may not exercise when people watching requires keeping the auction.
Art. 171 is complemented by art. 26 of the Act XII/1908 as follows: Art. 26.-Art. 171 of the law is completed by 1881 LX with the following: dispoziţiuni subject to tax on Buildings buildings may not be sold in less than half the price of the auction set by auction publicaţiunea, and other buildings under two-thirds of the price of the auction. If, in the course of the gradual decrease in the price of the auction, no offer is made or the minimal price, portărelul suspend the auction. In terms of further works followed in accordance with art. 176 and 177 of the LX/1881, with the proper application of art. 21, 22 and 23 above * 79).
Art. 171 is modified by art. 3, 4, 5 and 6 of the law on the amendment and repeal of the law. 230 of 11 July 1930, for the unification of certain dispoziţiuni relating to enforcement, published in Monitorul Oficial nr. 179 of 5 August 1938.
Art. 3 paragraphs 1 and 2. three: beginning strigările dela Amount will be fixed according to the dispoziţiunilor art. 1, reduced by 25%; It will be shown in the publicaţiunea.
Art. 4.-If the first term fixed for the auction has not been ' offered a higher price than that fixed by the preceding article, the auction will postpone the term nouei auctions cannot be shorter than 28 days and not more than 40 days off dela nouei publicaţiuni date.
The new term will fix starting price strigările dela will be fixed by art. 3, reduced by 10%, and if it will offer reduced price or more, the Tribunal will decide the award according to the laws in force.
Art. 5.-When will not be achieved in the second term of the sale price provided for in art. 4, it will postpone selling under the same conditions, to the new term being awarded the maximum price that is going to get.
Art. 6.-The laws in force that permitted the award of the object pursued over the creditor, when there was offered a higher price than that established under art. 4 above, the award will not be able to do it than on the price the amount of which shall be fixed by that article.
See the full text of the law on the amendment and repeal of the law. 230 of 11 July 1930, for the unification of certain dispoziţiuni relating to levy of execution, at the end of this paper.
— — — — — — — — — — — * 78) In Hungarian text: delegate.
* 79) Art. 21, 22 and 23 of the Act XII/1908 are cited at article 1. 147, 149 and 152.
Article 172 where, at the same period, is to be auctioned separately more fittings wealth funduara or more plots of the same body of Fortune funduara, people watching is entitled to determine the order in which to dig out the auction listings.
If you do not use voeşte to people watching this right, urmaritorul can order to designa is out to tender is made; otherwise it will follow the order shown in the auction and publicaţiunea in the book funduara.
If, between several bodies of wealth or of several plots of the same body of fortune, was sold in auction for such a price, taking into account, as the situation of the book and also taking into account funduara and verosimila amount of privileged claims, of the purchase price of property sold, unconditional debt be covered urmaritorului together with accessories further, the auction should be suspended.
Article 173 About tender dreseaza report, which must include the following: a) Showing the object, place and time of the auction, with reference to the conclusion of devolution and the tender publicaţiunea what was delivered;
b) portărelului Name * 80) and the Parties present or their representatives;
c) Calculation of the claim and the circumstance that, appearing ready to tender were read;
d) the name and residence of those who wish to bid;
It's accurate) gradually Insemnarea in tenders so that, after the name of each provider, showing amounts quoted in tenders made by him;
f) in the case of art. 171, scaderei gradually appearing of the purchase price;
g) Offer the greatest written in figures and words, and showing that, as a result of larger deals, how during the fix was not ' made a higher bid, the auction object are declared bought from the EC offered more;
h) Noting that, remember vadiul the biggest bidder and that she returned to vadiul the other competitors.
Competitors who do not want to participate in the auction, further confirming welcoming vadiului or permits submission, may sign the minutes of the auction during the auction at any time.
— — — — — — — — — — — * 80) In Hungarian text: name of delegate.
Article 174 if Buyer bid from entrusting someone or in cahoots with someone, is obliged to designate at the end of the auction on mandantele or on the allegations or the property and sign the minutes showing and this quality.
If you make such a statement, and then, if, though she made no statement shall be submitted immediately to the Special Attorney, mandantele or companion property and legalized rule, whether or not he filed court within eight days from the rock is considered the only auction, the buyer, who has made the highest offer.
At the request and expense of the purchaser, portărelul * 81) is obliged to appoint a curator for the provisional seizure, whose mission is to ensure the preservation of the property and accessories untouched, until surrendering or sequestration of property.
— — — — — — — — — — — * 81) In Hungarian text: delegate.
Article 175 after the end of the auction, portărelul * 82) is obliged to submit to the authority of funduare books, without postponing, all on the basis of, the tender, as well as the amount or effects submitted as vadiu.
If, for any reason, cannot go forward basis without procrastination, the amount or effects submitted as vadiu, shall be submitted with the report separately, at auctions held in the village, immediately after the end of the auction and at other auctions, arrives home after portărelul.
Auction costs counted, establishes the authority of funduare books, after the arrival of the report.
— — — — — — — — — — — * 82) In Hungarian text: delegate.
Article 176 If the auction has been to no avail, portărelul, along with scriptelor, to make the submission within three days of the Authority's report card funduare. Within the space of six months, counted from the day the auction was to no avail, the books at the request of funduare urmaritorului or urmaritului a new term auction, on thirty days, which bring to the attention of the public in the manner described in article 11. 152, except that publicaţiunii statement insert only official Gazette with even then, when the auction price of 40,000 lei pass * 83). Publicaţiunea shall be communicated to the person concerned, in accordance with art. 153, against handing over evidence and where evidence of offering arrives within fifteen days, counted from the way of displaying publicatiunei, is called the trustee.
Call (reliance) and the opposition submitted against this noui publicaţiuni auction does not have suspensive effect upon the propriety of the auction.
If you have not filed the application for ' fixing of a new date for tender within six months, counted from the day of the auction remaining without result, the cancellation of the tender will be notatiunei ordered ex officio.
These rules also apply when a fixed auction has been delayed by common agreement of the parties * 84).
Art. 176 is amended by art. 2 of the law on the amendment and repeal of the law. 230 of 11 July 1930, for the unification of certain dispoziţiuni relating to enforcement, published in Monitorul Oficial nr. 179 of 5 August 1938, cited at article 1. 152. — — — — — — — — — — — — — — * 83) In Hungarian text floreni 2,000. See notes about value limit dela art. 27, 57 and 147.
* 84) Art. 176 was completed and by paragraph 3 of article 7. 19 of Act XII/1908, as follows: "in all cases (art. 102, 152, 176, 185 and 187 of the LX/1881) when the auction publicaţiunea to insert, in the province, in a local newspaper or in one that appears instead of the nearest court is obliged to choose for these publicaţiuni only a Romanian-language Gazetteer ".
Today, following the dispoziţiunilor contained in art. 2 of the law on the amendment and repeal of the law. 230 of 11 July 1930, for the unification of certain dispoziţiuni relating to enforcement, completing the above has become without object.
Article 177 after six months, counted from the presence of the remaining term of the auction without result, or deferred, ordering nouei auctions must be required from authority under article funduare books. 144. In this case will proceed in terms of ordonarii and fixing the deadline for the tender tender according to the rules of art. 145 and following, and with respect to publication deadline for the tender and încunoştiinţării dispoziţiunilor interesatilor, according to art. 152 and 153.
Article 178 For irregularities in the tender form when performing police or * 85), urmaritorul, people watching, lenders and co-owners, if as were ' bid and their portion, within eight days, counted from the way the auction is completed, the opposition will submit directly to the authority of funduare books; resolve which shall apply accordingly in respect of dispoziţiunile. 165. With respect to the appeal (use of) what was said against data on the conclusion of the appeal, the General rules apply, however, if the Authority cancels auction of funduare books in the wake of opposition against this conclusion, may appeal (recourse) and buyer in the auction.
— — — — — — — — — — — — — * 85) In Hungarian text: .
Article 179 to annul the tender, carried out on some buildings, occurs only in the following cases: a) if ' the publicaţiunea auction place, or not in time trebuincios, or ' the respective curators, interesatilor and, in the cases art. 185 and 187, previous purchaser (art. 153 and 176 no further art. 185 and 186);
b) where publicaţiunea first tender was not displayed in the funduare cards with at least 60 days before the auction, and publicaţiunile next auction with at least 15 days and how much is needed and an insert in newspapers, if publicaţiunea the first auctions ' has been inserted, in accordance with art. 152, 15 days before the auction, and publicaţiunile next auction, according to art. 176, 8 days before the auction;
c) If she kept the auction, although during the construction works was submitted on the basis of art. 140 and 165 in legal term, call (exercise) or opposition with suspensive effect upon the propriety of the auction;
d) where the auction was not dress in place or while in publicaţiunea displayed, presented or inserted, or if the property was auctioned in publicaţiune;
e) If someone has been admitted to bid without any vadiul, or if, without lawful reason, was expelled from the presence of a competitor's auction, which was offered to submit vadiul;
f) unless they complied with dispoziţiunile art. 170 and 171 concerning the gradual establishment offers at the time and at the end of the auction;
g) where, pursuant to article 5. 171, 172 and 185, the auction would have been suspended and yet was kept.
On the grounds that the tender publicaţiunea was handed over to regular or was not handed over, the auction can be cancelled only when submitted to the opposition on this ground by the data subject, which, due to the neregularitatii of handing over, there was încunoştiinţat.
On the grounds that it was not called the curator, or on the grounds that the tender publicaţiunea was not handed over its regular or annul the tender place, only then, if the opposition makes a data subject neincunostiintat tender separately (art. 153).
Article 180 If within 3 days, counted from the day of the auction, there shall be submitted only if the notice of opposition, the very top of the auction not expressly provided, shall be issued to the purchaser of the purchase certificate, according to which, the buyer may take possession of the property bought and how much it would have prevented it from urmaritului side or by someone else, maybe to wax, to take possession of the property , using the communal authority or administrative.
If the buyer asks, putting in possession is made by portărel and in case of need, intrebuintand force.
If the notice of opposition shall be submitted within 8 days, counted from the day of the auction, at the request and expense of the purchaser, shall be taken under the buildings sold even without sequestration justify any danger.
Article 181 If the property auctioned is given in rent or lease, renters or leaseholders are obliged-unless stipulated to the contrary in the rigid conditions of tender-to cede the right of use of the purchaser and leaseholders, after the manner of a contract, the economic year JF was held the auction, and the tenants, in accordance with local rules and in their absence, after a notice period of three months. The price of the car, due the day of the auction, it needs. Rights, they would have the tenant or lessor, possibly arendaşul against the purchase price, remain untouched.
Tenant or arendaşul, if you were savvy about the auction purchaser can no longer pay the lease price urmaritului which becomes due on the day of the auction and raising the value of the right, but are obliged to submit it to the Court.
Article 182 If she raised the value of the auction law and buyer has met the rigid conditions of the tender, in particular, has paid the purchase price, the funduare card orders ex officio to intabuleze name or ownership of real estate.
Suddenly, with the right preparation, it will radiate from the Office all positions or tasks notatiunile reserve and tabulated, with the exception of those which are still being under article eventually. 162 and 163, or ' would take over under art. 183. Article 183 of the buyer is free with lenders is invoi, to leave their claims-into how much it would receive indestulare of the purchase price — and further that the burden on the property. Such claims shall be treated as if he was would be shed and creditors would be ordonantat.
Article 184 the property taxes due on the day of the auction, and transcription fees, buyer shall bear.
Due the day of the auction rates, from Paris (1947), urbariale from ransom and the like, as well as regular debt for water on the property, the purchaser's task fall without being counted in the purchase price.
For the other tasks of the previous owner-only if the auction does not generally contain otherwise-buyer does not respond.
Article 185 If purchaser has not fulfilled within a fixed rigid conditions of auction, in addition to the loss of vadiului, which will be added to the purchase price which will collect at a new auction and distribution, suddenly at the request of any interested authority books ordered a new auction funduare.
In this case, the new term of the tender shall be fixed by the authority of funduare books on 30 days according to the rules of art. 176. Publicaţiunea auction what is issued in this case must be communicated apart from those who show in art. 153 and previous buyer IE the latter after the rules for forwarding documents, but the Court started with the omission of the summons through publicaţiune, with at least eight days before the auction.
Buyer previously may not take part in the auction as a new buyer.
If, before the time nouei auctions, buyer shall pay, in addition to all costs that caused with the ordering nouei auctions, meets in full the very top of the auction in a time when portărelul can be endorsed before the auction, the keeping of books funduare is obliged to suspend the auction, and if this payment is made prior to the commencement of the auction at portărelul portărel, is obliged to suspend the auction * 86).
— — — — — — — — — — — — — — * 86) Art. 185 was completed and by paragraph 3 of article 7. 19 of Act XII/1908, as follows: "in all cases (art. 102, 152, 176, 185 and 187 of the LX/1881) when the auction publicaţiunea to insert, in the province, in a local newspaper or in one that appears instead of the nearest court is obliged to choose for these publicaţiuni only a Romanian-language Gazetteer ".
Today, following the dispoziţiunilor contained in art. 2 of the law on the amendment and repeal of the law. 230 of 11 July 1930, for the unification of certain dispoziţiuni relating to enforcement, modification of above is without object.
Article 186 If the new property auction s ' would sell for a higher price than the previous purchase price, the difference in addition is not appropriate.
Otherwise, if the property was sold for a lower price, the buyer is obliged to pay the difference that arises between the purchase price and the new Valdez, but this difference is reckoned to them and vadiul.
Until the competition gap to be pay at the request of any interested, even without warrant any danger, the authority is obliged to funduare cards require insurance against the buyer's execution and after listening to a formal on desbatere interested in buyer's previous, fixes the amount the buyer previously will be forced to pay within 15 days under penalty of execution.
On the basis of the conclusion of what is given in this respect to the enforced execution occurs, but over it, call (recourse) shall have suspensory effect.
Article 187 as amended by art. 27 of Act XII/1908 as follows: Art. 27.-instead of art. 187 of the LX/1881: If, within 15 days after the auction, someone-besides deposit of vadiului is established, or in the case of art. 25 to vadiului completed-make an offer, which tops the buyer's offer by at least one-tenth as well as expenditure advances nouei auctions in relation to previous expenditure set out for the auction (is reached), the funduare declare previous auction books without effect and ordered a new auction, at which they are to apply, in respect of issue and Rumania auction rules publicatiunei. 176 and 185 of the law and article LX/1881. 21, 22 and 23 above. Is reached can not be canceled.
Paragraph penultim article. 21 should be applied in the event of duly is reached.
The new auction rules are General, except that: 1. it is mandatory and is reached where the successful tenderer fails to appear at auction;
2. If the auction was not made an offer higher than property is reached, the claim bought by supraofertant;
3. expenditure nouei auctions is obliged to pay them over to the buyer, the purchase price.
All these deviations must be shown in the publicaţiunea auction.
Oversupply of many consider the greatest.
Is reached is mandatory and then, if the auction following her outfit has been annulled, ordonandu a new tender.
After she kept in accordance with this article the new tender raised to value the rule of law, you cannot make another * 87) is reached.
— — — — — — — — — — — — — — * 87) Art. 187 was completed and by paragraph 3 of article 7. 19 of Act XII/1908, as follows: "in all cases (art. 102, 152, 176, 185 and 187 of the LX/1881) when the auction publicaţiunea to insert, in the province, in a local newspaper or in one that appears instead of the nearest court is obliged to choose for these publicaţiuni only a Romanian-language Gazetteer ".
Today, following the dispoziţiunilor contained in art. 2 of the law on the amendment and repeal of the law. 230 of 11 July 1930, for the unification of certain dispoziţiuni relating to enforcement, modification of above is without object.
Article 188 after he raised the auction value of law and the authority of funduare fixed term for books desbaterea of seriere from the Office and quote it for those interested in accordance with funduare, the curator of the respective book called them during execution and a Royal Inspector of taxes on * 88), the latter with the invitation, to submit before the deadline for desbaterea of seriere , a painting about taxes to the State and the commune, which burden the property directly and which became overdue until the day of the auction, specifying in him due and day accessories, and a note about taxes on the property, specifying the day was declared a legal document of transfer, finally justifying the existence of paintings from taxes or duties debts, tabulated with the right mortgage with more than that, if you would omit their submission and if neither was presenting at desbaterea are seriere, taxes and fees are eliminated with the opportunity of distribution price.
Among the cat during the construction works has not been ' would be named curator for representing mortgage lenders with unknown domicile, should be named to represent the lenders with unknown domicile curator, giving it and its.
If it appears from the book funduara or if the authority has knowledge as funduare books, is encumbered with (1947), urbariala or other such repurchase repurchase, or due to regular water, must be summoned at desbaterea for price and the owner, or representative entitled composesoratului, representative of the respective company for regular water.
For absent or unknown creditors is not necessary to issue publicaţiuni.
The buyer, if not the entire shed price, you also need încunoştiinţat about desbaterea of seriere.
— — — — — — — — — — — — — — — — * 88) Today, financial administration.
Article 189 of the purchase price shall be paid before the following lenders privileged positions, in the following order: a) Expenses made by the pursuer and the cases art. 166 and 167 chasers for publishing and performing real estate auction, set by the Court, any further expenditure of stamp of desbaterei seriere, seriere desbaterea of fees due to be appointed as trustee the creditors unknown and if art. 164 and 212, the expenses and fees of the Trustees of the seizure;
b) This paragraph has been amended several times. See, instead of that paragraph, article. 317 and 318 of the Decree-Law on tax procedure code, published in Monitorul Oficial nr. 78 as of April 1, 1942, quoted below;
(c)), which Rates in accordance with the laws in force, curtailing property directly from Paris (1947), of the amounts of ransom urbariale or other such debts for regular water that have become due before the day of the auction, outstanding for not more than three years Valdez.
If claims dela c) could not been ' paid in full of the purchase price will be paid primarily for regular water claims, and other claims will suffer a proportional reduction.
Subsequent laws, which comprise the most common privileges include: Decree-Law Code of tax procedure, published in Monitorul Oficial nr. 78 as of April 1, 1942: Art. 317.-Claims of the State, counties, municipalities and all public authorities and institutions from taxes, surcharges, fees, fines and other special contribuţiuni, had the privilege over the entire fortunes and movable property of the debtor, after the provisions below.
In terms of property, privilege is limited only to taxes and surcharges due to the past five years, under the express condition that the taxes or fees to wear upon property sought, without the need for it to comply with the formality inscripţiei.
Years are counted on the exercises.
After the expiry of a period of five years, the privilege is preserved by inscription on mortgage.
For all other taxes, fees and fines, and any other claims with accessories, inscripţiei rank, privilege has and if I'd taken the inscription, privilege passes before any lender chirografar.
In terms of furniture, privilege passes in all cases before any privileged creditor, in compliance with special privileges.
In the case of competition between the authorities, the order of preference is the State authority and public institutions of the State, County, and township authorities and public institutions, and municipal services.
Art. 318.-Inheritance Tax, subject to the respective privilege for its entirety, upon all property of the succession, without the need for it to comply with the formality transcriptiei.
The privilege shall start and end from the date of opening of the succession takes 5 years dela approval date report from tax simple or with irregularity.
In the case of inheritance, sharing the privilege may collapse, with the approval of the Ministry of finance, on every building of the estate, in respect of part of the estate of each heir.
After expiry of the period of 5 years, the privilege is preserved by inscription on mortgage.
Decree-Law for organizing Body of lawyers in Romania, published in Monitorul Oficial nr. 205 Septemvrie 5, 1940: Art. 157 paragraph 1. last: payment of the fees is provided, regarding mobile works, preserved in the customer services provided by heritage lawyer with legal privilege over these things; and for real estate, through a legal mortgage, which will rank on the day of inscripţiei, without injury to the rights of preference.
Art. 158.-with respect to immovable property in dispute, this mortgage shall preserve at the request of the lawyer without the presence of the debtor and without warranty of any kind, through the relief of inscriptions claim fee, established by an act under private signature, in the register of real estate or in the books mutaţiuni funduare special local law, noting that this inscription is the insurer.
This inscriptiune is final, with the initial rank, when claims fee became due.
Anyone interested will be able to ask for the cancellation of the inscriptiunii relief, proving the permanent loss of the process, which had been obtained.
Application for cancellation will be solved by the President of the Tribunal, or the Deputy or, about the Presidential Ordinance, in accordance with these rules laid down in the code of civil procedure.
The law on contracts of employment, published in Monitorul Oficial nr. 74 of 5 April 1929: Art. 71.-Claims against the employer of the employee, be it employee with day, week, month or year with work or piece, for failure to pay wages and benefits, is guaranteed in full, with a general privilege in rank immediately before any unsecured claims.
Art. 72.-Employee has a special privilege in the first rank to the objects he incorporated unto his work for wage or salary corresponding to this work.
Law for securing the payment of work done, published in Monitorul Oficial nr. 91 of 21 April 1931: Art. 29.-Those targeted at art. 1 and 2 have the privilege for the cost of work done "and for paying the employee's labour" on the object made.
For work performed at construction sites, small industries, meseriaşul patron and entrepreneur keeps without any inscriptiune, a privilege on the object made, until full payment, without the need for training of reports required by the civil code.
Article 190 After privileged claims, indestularea will be indestula from the purchase price claims by lenders, in the rank of serial funduara.
Claims entered upon several bodies of Fortune funduara contained in funduare of the same books of authorities funduare, bid books at once, it will proceed in the order of indestulare with the observation that, how the distribution of s ' would make the price suddenly claims, which total indestulare can be made and besides a proportional distribution, will be indestula from the purchase price. This rule also applies to claims on the mortgage, segments of several co-owners of an estate.
And if the debt secured by the mortgage repayments at the same time and on the other real estate auction, nescos or nelicitate and on a portion of a building to another part owner, of the purchase price will be indestula the creditor, after his will, in whole or in part.
Mortgage lenders have the right to redeem an ex post, with payment in cash before distributing price, claims mortgage lenders.
If several mortgage lenders voesc to use this law, priority is given to the creditors in the order of inscription from the book funduara. However, the mortgage lender with the inscription may rear capitalize right of redemption and mortgage lender earlier, if he redeems its bonds and pay in cash.
The mortgage lender, which has redeemed any bonds enters in respect of the creditor's bonds redeemed.
Law on liquidation of debts of agricultural and urban areas from 7 April 1934: Art. 16.-in cases when, as a result of any final award from the assets of a debtor, subject to the provisions of this chapter, creditors with claims, on the basis of the law would come into competition with creditors, not calling into law, or referred to in chapter III, and when the price of award ' would be sufficient to cover the total amount of claims and uncapped, then creditors with claims will be entitled to in pictures , the amount of debt, for its entire, without regard to the reductions.
If after such distributions, these creditors would be assigned an amount that would far outstrip the amount of their debt, as has been reduced by law, the excess will be distributed among creditors with claims, according to everyone's rights will be uncapped.
Dispoziţiunile this article shall also apply to the distribution panels provided for in art. 24 and 27 of the Act, and to any other distribution amounts coming from pursuing the debtor's property.
Article 191 if you over bid real estate is in one's favor tabulated the right of usufruct, the purchase price, the price point of this question, which remained after the previous creditors, indestularea will be made in the judicial deposit or it will seize in accordance with art. 202, and interest income should be relieved there have been.
In the case of any other encumbrances, if the property was auctioned in accordance with art. 163 without maintaining servituţilor, will consider the settlement in the amount claimed by the creditor: amount payable as an equivalent of servitude, and in case of lease or rental tabulated amount of damages claimed by the leaseholder or tenant if the cessation of the tenancy. The same rule applies in the case of stipulaţiuni entered, in terms of an equivalent in money.
Undetermined amount claims, for whom she tabulated or was prenotat according to the regulation of a maximum amount funduare books, will move to the settlement with the maximum amount secured by the claims, and the inclusion of a guarantee, will be passed on in scores, with the security that has been ' enrolled.
Among the cat over the property auctioned are entered by concluding such receivables ordonand desbaterea of seriere, you will be warned that the creditor, as, as there was no presence at desbatere ' and would not make the calculation of the claim, it shall be omitted from the order of seriere. The conclusion shall be communicated to the creditor's own hand, without citation, and if by hand delivery of the publicaţiune cannot be carried out, it will appoint a curator.
Article 192 shall indestula the rank of capital due serial mortgage lenders, also in the rank of capital privileged positions serial, seriate as per letter b). 189: a) the interest outstanding for a while no longer Valdez three years, counted from the day of the auction the retrograde;
b) Interest flowing on and after the day of the auction.
If you look the inscription from the book funduara, it cannot be a higher interest rate series of six percent.
Process costs and expenses, propagation among the privileged positions, cropped up with the representation and distribution of the desbaterea price, can the series in the same order of priority as only when capital up to the amount that competition serves as collateral to cover expenses, was also inscribed the right mortgage, but in this case only, if these expenses do not pass over the amount recorded. -Otherwise, the expenses will be indestula in their rank and serial intabulării if such a tabulation does not exist, having been indestulate all mortgage claims, possibly with a proportional reduction, from the rest of the purchase price.
For the mortgage lender, who, though summoned, fails to appear at desbaterea for price, distribution is the only consideration of capital from inscriptiune.
Mortgage interest claims by producing, nescadente still the day of distribution price will be indestula by an amount, at which, adding a 6% interest rate, maturity date would correspond to tabulated or capital prenotat.
The claims deriving from tabulated loan, paid off the capital, interest and possibly other accessories, in equal installments, in ' a certain number of years, which include depreciation of capital, interest and possibly other accessories, which is this nature and the preparation of the book funduara, may excepţiona serierea interest and eventual other accessories from bond, in order of priority of the capital so, only that amount among the alleged by way of capital and accessories would be greater than the capital and percentages shown tabulated in this tabulation, and if the percentage were not ' would look like if it were larger than a 6% interest rate, reckoned on three years.
Art. 192 is modified by decree-law for determining the interest and usury, published in Monitorul Oficial nr. 102 of 5 May 1938. -See art. 1 of this decree-law, at page 31.
To in article 193 where are tabulated or reserve i(ii) the amount arrears for the three years before the day of the auction will be indestula of the purchase price, and to cover the annual rates that will become due in the future, it will move into the settlement and will put the necessary capital, according to învoielii. If, in this regard, there has been no învoiala between the parties, the Court decides on the nominations.
Capital can be placed along the posterior claims for indestularea only after he stopped paying rent for bond.
Article 194 Desbaterea of seriere a dreseaza judge-delegate lead and of this a report in which it said desbaterei stride.
Desbaterea start with that, it counts roughly: the amount of the purchase price stated in the judicial deposit and the buyer still unpaid, together with interest and shall make mention in the minutes of the result of this settlement.
After that, listening is interested, count these claims, determines the agenda project. In this draft, pass, considered under the headings of current numbers, without any consideration for the excepţiuni, but in such a way as to be registered under separate headings neexceptionale and also under separate headings, and in case of partial excepţionare, exceptional side under exceptional positions.
Russians continue until till runs through neexceptionale positions the entire purchase price, or until count all mortgage claims.
Article 195 after he finished making reckoning, listening to the judge, in respect of each exceptional positions, those who make exceptions and those with contrary interests, they recorded statements from the report, referring to the evidence, if any, and shall submit without deferment card authority funduare the minutes, signed by him and by the parties.
Article 196 books authority is required to establish the funduare order of indestulare based on the report presented in such a way as to be completed not later than fifteen (15) days, counted from the day of desbaterei seriere, in order to be exposed to the sight of stakeholders.
Authority excepţiunile funduare cards concerning positions settles Insider strung in point a of article) 189, always, and rule excepţiunile regarding claims and mortgage-backed securities, which relates only to the issue of rank from the book funduara serial, based on the report presented and after funduara book situation, without guidance from the process.
However, if the excepţiunile concerning the book funduara serial rank cannot be resolved on the basis of the book funduare, one of the parties with contrary interests will instruct you to submit action, with a fixed term.
In terms of taxes and levies announced as the privileged positions of authority only over funduare books chestiunei decides whether to seriaza or not from taxes and duties among privileged positions array according to art. 189 and in this regard, if necessary, the tax authorities may instruct you to serve informaţiuni and more detailed data.
In terms of the amount of taxes and fees, those interested can address with means as competent tax authorities, in accordance with the rules in force.
Decree-Law Code of tax procedure, published in Monitorul Oficial nr. 78 as of April 1, 1942, features: Art. 324.-courts to communicate to the Office any picture of the distribution of any amount of money, at whose tax was quoted as saying.
Article 197 if it was excepţionat by the debtor any mortgage debt or the credibility of any receivables amount times listed in art. 189 c), the lender should be guided at the trial, unless he proves that at the desbaterea of seriere, claims to is determined by the verdict raised the value of law or by a court, or transactiune as it is based on an authentic instrument, enforceable in accordance with the law without a prior trial procedure, or as it's pending lawsuit.
Also, the lender must be guided to the process and then, when the debt is reckoned in accordance with article excepţioneaza. 191, either by the debtor or by another mortgage lender. With the exception of those cases when it is excepţioneaza by another lender mortgage debt through a nestabilita sentence raised to value or transactiune, or a claim which is not based on an authentic instrument, enforceable in accordance with the law without a prior trial procedure, however, recognized by the debtor, it will instruct you to trial the creditor that raise exceptions.
And if the debt is determined by the verdict raised to value or transactiune, or is it based on an authentic instrument, enforceable in accordance with the law without a prior trial procedure, exceptions may only consider then, if those who pick them up have made credible that, claims ceased entirely or in part, as a result of circumstances arising after the date of the sentence actually raised the value of law transactiunei, or the instrument. In doing that, whether it rises excepţiunile by the debtor, whether it rises to the creditor, you must guide the process those who excepţioneaza.
At the breakfast at the trial is required to submit to the jurisdiction of the court action in a fixed period of 30 days, counted the value of Dale as the conclusion and to announce the submission action authority funduare the same books.
If you excepţioneaza the validity of a inscriptiuni of funduara, will help guide the process one that raise an exception.
However, against durability inscripţiei of funduara excepţiuni can raise only, that in accordance with regulation funduare books is entitled to do.
If those do look like exceptions, was put into action renewal flow (review) or the procedure of annulment of the sentence by which he established, in the case of exceptional claims when justifying a danger (art. 42), may require that the amount of exceptional quality to preserve the judicial deposit until it is settled through court decision raised the value of law procedure is in progress.
Article 199 Against conclusion seriere, funduare books, authority takes place (use), which must be submitted within eight days, counted from the presence of one term of 15 days from the day of desbaterii seriere, and if the Court of first instance changed, further appeal to the Court, within 8 days from the presence of communication * 89).
Call (exercise) in order to have suspensory effect, that until his rezolvirea can't do indestularea indestulare, whose claims of the purchase price depends on the judgement that will be given on the call (recurgerei) * 90).
— — — — — — — — — — — — — — — * 89) In the Hungarian text is called, so the appeal of the first degree and appeal of grade II: , a word which I translated, when it comes to the first degree: "call (exercise)" and when it comes to the grade II: "appeal". See in this regard the note in connection with art. 40 of Act LIV/1912, from pag. 24-25 * 90) Sub (recourse) must be understood and the appeal of grade II, which we translated it to "appeal". See note 89.
Article 200 after expiry (use) the Authority ex officio funduare books has to be indestula whose claims payment does not depend on any possible calls (recurgeri) submitted and no guidance to the process.
With this ocaziune card funduare authority determines, after the amounts that should be positions maintained in judicial deposit until the expiry of the period fixed for the submission of the respective process, until the rezolvirea value as the image was turned on, or until termination is given on the call (recurgerei).
To the extent that it will resolve one or another of the high resolution excepţiuni, by law the worth or the expiry of the period fixed, the question was raised as to the value of the decision of the superior court date on the call (recurgerei), further payments will be performed by the Registra funduare books, from time to time.
Article 201 payment is made, as a rule, in such a way that the preliminaries, is as the sum of the deposit. To this end, indreptatitul is forced to submit to the authority of the original books, funduare the cat would not be presented at the desbaterea of seriere, which will have to be noted.
Payment is made through ordonantare note on the original and if, payment document has lost its value, shall be issued to the debtor, and otherwise be restitue creditor.
If it is authorised on behalf of any creditor as partial payment, the remainder of the purchase price, without being able to determine the amount that remains after indestularea other claims, established in amounts to be determined, what is paid, shall be kept in judicial deposit, it will instruct you to report to the Authority's perception of funduare books, after the payment, this amount, in order to be able to record depreciation.
Into how circumstances claim the authority of funduare books can be ordered to pay the claims, in whole or in part, by a delegate of his at a time limit fixed for this purpose, or in the cases above, through a notary public, entrusted for this purpose; reckoning is the latter duties among privileged positions.
Article 202 on the account of the creditor whose claim was baseless, excepţionata those who excepţionat it, are jointly and severally bound to pay the difference in interest rate, amount of deposit, which should be made to the creditor.
The creditor is entitled to capitalize on this right in the process started; 197, or through separate process.
If the debtor, creditor debt excepţioneaza can pretend to calculate this difference in the interest rate on two-year and by writing in his claim, his rank be provided through log storage. And if excepţiunea rises on the part of any other creditor, the creditor whose debt was excepţionata, can claim through the train about desbaterea of seriere, as those who excepţioneaza, to reassure, the difference in interest and expenses, according to art. 42, after which the Court directs, by concluding with the opportunity of desbaterii seriere, the excepţioneaza, to seek bail, which is determined on the basis of judicial discretion.
Against this part of closing does not occur any remedy in law and whether those who do not have high security excepţiunile record, within eight days, counted from the presence of the hand-drawn up, the amount set out in the order of seriere, is authorised, at the request of him entitled, without regard to the direction of the trial.
In another regard, interested parties have the right to invoiasca, as the sum of what serves as cover for excepţionata position, to capitalize, instead of legal deposit, to any financial institutiune, which you will choose them, or to release any interested, possibly after offering guarantees on its part.
If you find obviously unfounded action lodged by the lender that raised the exception in the following guidance to the process, he raised exceptions, is punishable by a fine up to 10,000 lei * 91).
— — — — — — — — — — — —-* 91) In Hungarian text was 500, 1,000 kronor floreni equals the amount which was increased to inzecitul them, under the law concerning court fines increase turnover and how their collection, published in Monitorul Oficial nr. 279 of 25 March 1923.
Article 203 in the case of executions to be carried out on certain immovable property not listed in the book of funduara, the runtime application will describe exactly the properties and it will look like, the people watching is in possession of the goods in question.
To carry out the execution will seize and in this case the authority of funduare books, portărel, that a delegate to be conscrie spot and take the property under seizure.
Opportunity works with dela, conscrie and accessories will be real estate and these very buildings and will be assessed by two experts appointed ex officio. The priority of the right of mortgage shall be reckoned from the moment of seizure.
The publicaţiunea tender will include somatiunea, as all those who understand to claim ownership of the seized property or other law, to submit to the excindere action, and if you claim the price of buying a indestulare with priority, to submit statements of privilege before the term of the first auctions, and much more, because otherwise, their claims are not taken into account. Excindere action filed before the first auction, have suspensory effect upon the propriety of the auction.
In other respects, are to apply, in accordance with the nature of things, the rules established for tracking real estate listed in the books funduare.
If any pursued him, besides the usufruct of a building, ownership of supraedificatelor on it without funduara inscriptiune in the book, and the acquisition of ownership in book funduara depends on the fulfilment of certain conditions, or subverseaza a law, under which the rights may form the subject of an urmaritului vinderi and purchases, will be applied according to the nature of things the rules above.
Article 204 Owner, funduara book, tabulated is entitled to ask the Court of its jurisdiction, the funduare books i sell real estate through his judicial auction: volunteer or in such a way as to have volunteer auction against mortgage lenders cut off the effect of an execution, tender or in such a way, that the tasks to be on wealth and after the auction.
With respect to this request, which are applicable to the dispoziţiunile art. 144, must have a certified signature of the owner or incredintatului or with a certified power of attorney.
Ordering of the auction and the procedure to be determined after further rules governing real estate auction executionala, with deviations established by the following articles.
Article 205 If the auction was required in such a way as to have the effect of an auction, at the request of the execution of any mortgage lender who will forward it within eight days from the awarding of tender publicatiunei tender should be suspended for a period of six months and the new term of the auction may be fixed only after six months have expired.
In this case, in terms of the effect of notatiunii the auction dispoziţiunile will be applied art. 142 and with respect to the distribution of the purchase price of the property is auctioned, must comply with the rules for the distribution of the purchase price receivable from the auctions of the execution.
Article 206 shall be required If the auction in such a way as to appear on the tasks remain ahead on wealth, he generally sets the owner of the auction and may fix the amount, below which cannot sell the property at auction.
About ordering an auction is not incunostiinteaza mortgage lenders after rises in value as the respective auction, after the auction, it is generally intabuleaza property rights in favor of the buyer, shortening tasks listed are untouched.
The rules of art. 204-206 applies if, when ordering, by the Court or the authority portion of the tutelara, the sale by auction of the estate of any building and for making them, is addressed to the rogatory authority of funduare books.
III. Construction of BUILDINGS OVER for 208 people watching when the Article has the right of usufruct, inscribed in the book of funduara, the building which forms the property of another person, in the case that he ordered the execution of the usufruct, shall apply, as regards tabulation of the right of mortgage executionala prenotarii notatiunea, justification of the respective right, dispoziţiunile art. 135 and 136, according to the nature of things.
Following the tabulation of the right of mortgage executionala prenotarii notatiunea, justification of the respective right, authority for implementation funduare books have been ordered seizure under execution and taking into account the proposal of urmaritorului, called the curator of seizure and delegate portărel * 92) to advise of the inventory for the seizure and the respective accessories, refer the matter to the Court with jurisdiction for this purpose. In the case of multiple executions to be carried out at once or consecutively, will appoint one trustee.
In terms of directing for the Administration to put under seizure or recovery through a lease, shall decide, after hearing of the parties concerned, the authority of funduare books and give the necessary directions trustee seizure (art. 245).
Art. 208 is complemented by art. 28 of the Act XII/1908 as follows: Art. 28. Article 208 of the Act-LX/1881 is supplemented in the sense that the execution carried out on a building, for the exemption provided for in paragraph 18 of article 2. 2 * 92) it needs urmaritului, in respect of seed, and then, if the collection harvest took place within one month from the rock on the way of teaching for executionala (paragraph two of article 208 of the LX/1881).
Law on the amendment and repeal of the law. 230 of 11 July 1930, for the unification of certain dispoziţiuni relating to enforcement, published in Monitorul Oficial nr. 179 of 5 August 1938, reads: Art. 7.-in the event of the forced sale of receivables, trapped by roots, will not be able to require their sale until they were collected.
— — — — — — — — — — — — — — — —-* 92) Hungarian text: delegate.
* 93) Art. 2 of the Act XII/1908 is quoted at art. 51. Article 209 Income, which does not consist of money received during the administration of trustee of seizure, it will capitalize on the part of the Trustees of the seizure in accordance with învoielii of the parties concerned, and if ' there has been a învoiala, by mutual agreement, judicial auction, after the prescribed rules for auctioning furniture, except ca, curator of seizure is required to provide in order for delegation of a portărel that competent judges, whose territory is an important subject for a list of things to be auctioned and the book (art. 148) showing their value. Portărelul issue publicaţiunea somaţiune of tender without claiming rights. The purchase price and the minutes of the auction shall be issued against the Trustees of seizure, evidence must submit to the authority of funduare books, with the report, the minutes of the auction, desocotirea and the rest of the money, namely, if the seizure lasts more than the execution a year, annually (art. 248-250, 252).
Any current tax on property, usufruct will pay during the execution of the seizure.
See art. 7 of the law on the amendment and repeal of the law. 230 of 11 July 1930, quoted after the previous article.
Article 210 of the income received during the seizure, if the book is not funduara signed up for duty on the mortgage in favor of another, shall be paid by the funduare card debt urmaritorului and accessories and any remainder urmaritului is issued.
If it is stated on the other for claims before the claims urmaritorului, keeps the books funduare seriere desbatere reglementara and are applying to stay in the nature of things prescribed rules for the distribution of real estate prices, distribution price is made in conformity with these rules.
Article 211 in order to how the ownership of the property is the urmaritului, the urmaritorul has the right to make the execution over for either suddenly with execution on the Fund either without it, only for compliance with rules. 208 and 209.
About the ordering inscriptiunea executionala the right mortgage or run notatiunea entitlement will be incunostiinta in this case and previous lenders inscriptiunei or notatiunei.
The execution made upon for auctioning property does not prevent, and if the building is carried out on the implementation of the bids, for it has no effect on the harvest picked the day still pending tender and if leased, building e on the rent which has not become due date until this day.
Debt urmaritorului, who was running only for the real estate, will the series from the purchase price of the property after the claims of all mortgage lenders.
Priority among several such lenders determine the time in which he made the inscription over for execution.
In the case of article 212 of the executions for according to art. 211, mortgage lenders in favor of which was scored right mortgage executionala or was run over right to note the property himself, before they reap the harvest of pending or prior to becoming the rent can claim maturity, through a petition addressed to the authority of funduare books, as the amount collected from pending or in hiring, not to call for indestularea claim urmaritorului but keep for now in the judicial deposit.
If you bid the building himself, within one year of harvest, collection or removed from him on the day of maturity, the amount of rent charged from pending or rent plus the purchase price of the property and the purchase price is according to the rules of article distribue precedent. In this case, the expenses of seizure indestulesc execution is among privileged positions, of the purchase price.
And if the building was auctioned later this year, the amount recorded in the repository is mainly used for indestularea claim that the lender, which has carried out the execution on the usufruct.
Article 213 If people watching has right of usufruct over a building without his law to be inscribed in the book of funduara, the execution shall be carried out on the usufruct as over furniture. However, the usufruct shall not form the object of tender and is capitalise, with proper application of art. 208 and 209, on the verge of execution seizure. Appointment of trustee of seizure and distribution of the purchase price goes into the competent court under article competinţa. 18. Priority among many chasers also are counts after timing ' performed the seizure.
These rules also apply when the execution is carried out-in the case of the last paragraph of art. 203-only what is appropriate for urmaritului.
Title III OTHER TYPES of EXECUTION Article 214 if the object of the performance of a specific teaching formed the fortunes of movable or of a determined quantity of a particular gender or particular good mobile, portărelul, after conscrie the quantity fixed for each security or wealth from your mobile with humanitarian good determined, declaring them sequestered in urmaritorului favor, pick them up from the presence of him who watched or dela in urmaritului name and teach them provisionally urmaritorului extra proof.
If the object is not in the execution of imprisonment urmaritului, raising and teaching can be done only with his consent 203 or 204.
If the object is found under guard by judicial portărelul you declare in favor urmaritorului seized.
In the cases of article 215 article 1. 214, portărelul, if there was opposition against his works made after expiry of the period for opposition, if opposition was made after he raised the value of law judgement by approving the procedure, through the closing date of its own motion, declare in favor of executing surrendered urmaritorului object, or if the object of the execution was under guard, it authorised on behalf of urmaritorului.
Urmaritorul acquires full ownership rights of use of the relevant objects taken provisionally, in accordance with art. 214 effect of law, but its start from the moment works according to art. 214. Article 216 third person, through execution carried out in accordance with art. 214 feels damaged the right or ownership or use, can start before the competent court for carrying out the execution, suspended action in whole or in part the execution, until the definitive teaching of the previous regulated article.
The judge rules summary works * 94) and fix the sentence. Against the decision of the second court, which approves the verdict of first instance, is not allowed.
If the applicant justify merits of right or, in a manner worthy of credence, the Court may suspend the execution of object teaching authorisation or until rezolvirea jurevalida of action with no condiţiune or conditioning of a security deposit, corresponding to (art. 42).
Somatiunea for the claiming of rights (art. 89) is not necessary.
— — — — — — — — — — — — — * 94) see para. 2 and 3 of article 10. 55 of law LIV/1912 (pag).
If execution cannot be carried out in accordance with art. 214 for the reason that, called Fortune securities or the amount determined from the so-called gender or particular things in mobile is not urmaritului imprisonment, portărelul is required to determine the cash value of the object's execution-fully in this regard does not comprise any dispoziţiune in the Act underlying the public execution by the intervention of an expert-appointed ex officio and shall be obliged to carry out the execution of insurance upon movable property of urmaritului up to this competition.
Once the report arrives in portărelului about it, if the objects seized, does not present full coverage at urmaritorului request, court jurisdiction to carry out the execution is required to order the execution of insurance upon movable or immovable property of urmaritului, who was in another place, up to the equivalent value in money what competition was established.
Also, the Court's competence to carry out the execution is quoting ex officio after the arrival of the parts of the report, and fixed by closing, after brief desbatere * 95), in case of need after demonstrating with experts, the equivalent in cash of the execution. Against conclusion one can make (use) and if the Court of first instance second change, it can appeal to the third court.
After raising the value of the conclusion, urmaritorul has the right to ask for the enforced execution of seized objects with execution or opportunity over another fortunes of urmaritului, until the value of competition what ' settled in cash.
— — — — — — — — — — — — — * 95) see para. 2 and 3 of article 10. 55 of law LIV/1912 (pag).
Article 218 If the execution has not been ' could perform according to art. 214 for the reason that, third person in which imprisonment is an important object was not excused from lifting and his teaching, urmaritorul has the right, after his election, either to precedeze against urmaritului in accordance with art. 217, or to exercise its rights about separate process against third persons who oppose the lifting and teaching.
Article 219 if the verdict was bound to show teaching a certain fortune securities or a certain quantity of a particular term of chattels, or the payment of the consideration in cash, their cat sentence does not contain a dispoziţiune to the contrary, choosing him during the time of fulfilment of the defendant, and beyond that time, the plaintiff.
Article 220 if the object of the performance is an ownership interest or rights in rem relating to an estate, the Court ordered the preparation of the property or right in rem by ordering the execution of the matter and to this end the authority of funduare books.
If ownership is prenotat in urmaritului favor, or if it is worth to note the process or seizure, urmaritorul is forced to look into the request for execution of the closure of the number ' ordered the book.
If, for the transcription of ownership of the property forming the object of the performance, it is necessary to desmembrarea any parcels entered under a landmark number, will be sent to the appellate authority of Ordinances to sketch funduara card, if such a draft was presented during the trial, in which to show the portions of the real estate to be desmembrate. Inscriptiunea is made on the basis of this outline, after ordering, in case of need, listening; 56 point d) of regulation books funduare.
And if such was not the sketch herewith in the process, the Authority notified to carry out funduare books of executing serial in which rank and notes she made the appeal for portărel, a delegate for the preparation of this draft spot of dismemberment, with the intervention of an expert, the question addressed to it for this purpose by the competent court of rogatory. In this case, i taught portărelului all data in the process and in terms of the quote urmaritului dela spot, it must comply with the following dispoziţiunile article. Preparation of ownership in relation to abnotarea, ordering and carried out on the basis of the report of the portărelului, in the rank of referral for serial execution, eventually collected in the previous serial rank through noting the reservation process, or seizure.
If the ordered execution also for entering into possession (art. 221), the spot will be done in both directions at once.
Article 221 If urmaritorul demands at once with preparation of ownership or other real right and its introduction about executionala in possession of the property or right, authority for making books funduare execution is notified at once with ordering on the way to executionala intabulării, a portărel delegate to perform on-site introduction into possession, concerned for carrying out court rogatory detour.
And if the object of the performance is only the possession or use of any building or a right in rem, the Court which ordered the execution order with respect to delegation or referral to the Court of portărelului detour with opportunity ordonarii it runs.
In these cases, all on the basis of process i taught portărelului, which is bound to încunoştiinţeze, about the time which they fixed on the spot to perform execution of tracked or representative, on or from the process, by registered mail, addressed to the domicile stated in the lawsuit, which will be put in the mail at least eight days before the deadline.
In connection with this article High Court of Cassation decided: "considering that the conclusion of the subject of the appeal or of the dossier, at the request of all-round followers as Ganesh's wife in the counter Ion for recompense and Weinberger Coloman and others, Court Urbana Oradea through completion of nr. 14.591/1929, orders execution against the defendants, the unique rock massif delegand for carrying out the execution of the Court's portărelul, who presented herself in 11 April 1930 to evict by force from real estate, they have made welcome on the grounds that there were issued somatiile provided for in art. 221 of the Act executionala and welcome, that being called a court-ordered cancellation of the execution carried out, indrumand body portareilor to re-enter evicted at the expense of followers, in the possession of the premises evacuated. "
"As this conclusion was confirmed by the Tribunal with filling as it directs the body to do the portareilor first requested article domicile 221 of executionala namely after 8 days to carry out the execution. "
"Considering that the appellant by reason of Cassation claims them as instances of the Fund have made a wrong application of art. 221 of executionala whereas in particular not being a real right, throw in possession, was no longer necessary to deliver somatiunea provided by this text. "
"Considering that the absolute dispoziţiunile of art. 221 of the Act executionala, as somatiunea about the deadline for making executarei, executatului must be sent at least 8 days before, in all cases when it calls for the introduction in possession of real estate or real. "
"Taking into consideration that in particular as the result of the work, the book urban Court was executed, having to evacuate the property object aflator in Oradea str. General Habby for recompense of Weinberger Coloman and Markus Francis."
"As the judgement referred to in this categorically as defendants are obliged to evacuate the building within 30 days counted from the day of 7 June 1929, under the sanction of forced execuţiunei without consideration to appeal."
"Considering that by itself the device hotărîrei, a defendant being summoned to evacuate the building within 30 days, by passing this time frame they were faced with delays and so a new subpoena was no longer necessary, so portărelul was supposed to carry out execuţiunea without ever giving a new term, whereas defendants were deprived of this benefit."
"Like, but only through a wrong interpretation of art. 221 executionala law courts decided that in terms of background, when the hatararea run is itself provides the somatiunea property in a specified date, the somatiunea on behalf of portărelului. "
"That is why, finding it reasonable, as long as the appeal is allowed, without entering into discussion with the other reasons, and casandu-are to be managerial decision, reject the meeting."
(Cas No. S. II. Dec. civil No. 336 of 27 May 1932, Sever Andru: Jurisprudence Summarized, vol. II. 1936, pag. 467. Article 222) as amended by art. 49 of Act LIV/1912 as follows: Art. 49.-Art. 222 of the LX/1881 dispoziţiuni is replaced with the following: If the subject of the performance is a work or another prestaţiune, may urmaritorul wax, by request, as people watching to be coerced to it through a fine proportionate, fixing the appropriate term.
A fine fixed by the judge ordering the execution. In the event of failure, following a new request to urmaritorului, it will require the forced execution for cashing the sum over furniture and real estate urmaritului.
If this procedure without result, and even without this procedure, urmaritorul may wax running to collect the equivalent in cash of lucrarei. Regarding the establishment and the equivalent value, you need to apply art. 217. In paragraph intaiu should be applied properly and then, when the people watching is forced to tolerate or to stop something.
Summary of processes for restoration and repozitie borders, the Court may take the measures contained in paragraph intaiu of its right to defend dispoziţiunile provisional posesiunei (art. 580 Civil Procedure Code).
Dispoziţiunile art. 219 will be applied in the cases of execution under this article.
Title IV DISPOZIŢIUNI INSURANCE INSURANCE i. IMPLEMENTATION of Article 223 amended art. 50 of Act LIV/1912 as follows: Art. 50.-Art. 223 of the Act is replaced by the LX/1881 with the following dispoziţiuni: Suddenly descend the action, or after the action, the implementation of insurance: If the object of the action relates to the payment of a debt in the amount of money and the applicant proves the existence, amount and maturity of the claim with the authentic instrument or private act is drawn up in accordance with art. Civil Procedure Code 317, or with cheques, money, shopping, or cec, which according to art. 606-620 Civil Procedure Code can be made about the mandate and if at the same time look verisimilitude.
Also, the execution takes place, if that is done, the danger room, based on a judgment of the Court of Justice, which obligate a determined amount of money before the expiry of the period for the performance.
See, for criminal cases, title VI, chapter VI (articles 120-123) of the criminal procedure code.
Decree-Law for fiscal procedure code, published in Official Gazette No. 78 on April 1, 1942, di provides: 319.-the State is entitled to take any measures to ensure through garnishment and liens, mortgage inscriptions, to guarantee its rights, without being obliged to record any sureties. If title claims of those laid down in the present law, all these measures will not be able to take on only a legal action over the pretentiunilor Fund.
Measures of the real estate securities and insurance can attack with the opposition, according to the law of the face.
Art. 320.-Any tracking and insurance measures taken internally, it will keep the insurance measures, on the basis of the second appeal of the fisc, even if the first instance court dismissed on his pretentiunile formulated path tracking report of infraction or direct action.
Decree-Law for organizing Body of lawyers in Romania, published in Official Gazette No. 205 from 1940, Septemvrie features: Art. 160. conventiunii-on the basis of written onorar, lawyers will be able to obtain, without bail, seizure or garnishment insurer on the wealth of their borrowers.
The law on the establishment and organisation of the labour jurisdiction, published in Official Gazette No. 38 of 15 February 1933: Art. 65. In urgent cases, the President may take any relief measures or useful either on objects referred to in the complaint, worked either on the tooling, machinery or materials belonging to one of the parties litigant, making their return to those entitled.
Law for securing the payment of work done, published in Official Gazette No. 91 of 21 April 1931, features: Art. 26-Chairman of the Commission will be able to require prior to the judgment Fund, any relief measure or useful: either objects, either on the tooling, machinery or materials, allowing the small industries has their teaching, where they are retained by the customer in receipt of small-scale industries.
Article 224 amended art. 51 of Act LIV/1912 as follows: Art. 51.-Art. 224 of the Act is replaced by the LX/1881 with the following dispoziţiuni: on the basis of the verdict, which oblige the payment of a debt in cash, also on the basis of a mandate issued pursuant to the payment of a commercial mandate, bills of Exchange or cheque voucher (606-620 Civil Procedure Code), after the expiry of the execution takes place, if the party ordered an attack on the decision within the legal opposition with suspensive effect or apelatiune or excepţiuni.
LIV/1912 law: Art. 52.-If the court verdict which was fixed by the payment of a debt in cash, for a term shorter than the term apelatiune or opposition and if not declared enforceable sentence without consideration for the apelatiune, the implementation of insurance already, if the verdict does not execute condemned within the term of compliance with established under the sentence.
Article 225 up to competition or rent rent amounts due, overdue for a while but no longer than two years, at the request of the lessor without warrant any danger and the verisimilitude of the claim, it will require the execution of insurance over the furniture in the rooms rented and economic products, instalatiunilor * 96 * 97) and cattle) that stood on the property leased to If the report proves the tenancy with the written contract or otherwise.
— — — — — — — — — — — — — — * 96) In Hungarian: "".
* 97) In Hungarian: "".
With the same condition, will require, at the request of the insurance agreement, construction on the same objects, in order to ensure a tenancy agreement, which will become the due date in the proximul semester * 98) where justified claims as threatened, e.
— — — — — — — — — — — — — — * 98) In Hungarian: "" In Article 226 cases art. 223, 224 and 225, if the object of the performance is not cash, but a determined quantity of a particular gender or particular good mobile also occurs during execution, besides the conditions out there auditioning for the equivalent value in money of the probable trial.
In this case, the applicant is required to submit, in addition to the application, the data in order to ascertain the probable object of equivalent value.
Article 227 Against oficiantilor, officials and members of governing bodies, charged with managing money and assets of the State, public funds and foundations, counties and municipalities, will require the implementation of insurance for insurance claims deriving from their management and without justifying the submission process and the existence of a threat, if the competent authority of the State, County or township shall include claims in cash or the equivalent in cash of any other claims to be secure.
Art. 227 is amended by art. 21, 195, 196, 224, 225 and 226 of the law on the public accounting and budget control and public patrimony, published in Official Gazette No. 157 of 31 July 1929 as follows: Art. 21.-Manuitorii of money, values or public materials will not be able to be found on the download of their absence, citing his verbal orders, receipts or written order, which from various officials, or even superior in rank.
As acts for money and values arresters are not will receive than ordinances or mandates and recepisele official data in accordance with dispoziţiunile of the face; and for materials, acts referred to in article 1. 187 of this Act.
Officials who will give the order to pay, or payroll be for amounts received in personal interest, either for the purpose of justifying the privations of those charged with the care of the money, values or public materials, will punish them both.
Manuitorii of money, or materials can be found in the public deficit, will be forced, through law enforcement, prosecution, on the basis of record financial inspectors, trained by the heads of the respective authorities or their delegates to pay provisional sums ascertained lack, without judgment. Based on these reports will be taken as soon as inscriptions over the mortgage property and wealth shall seize any wealth.
Art. 195.-Officials charged with overseeing directly and specifically mânuitorilor, accountants and auditing their operations, are responsible for any deficits who haven't ' would cover, and who would come due to lack of verification or control.
In such cases the Ministry concerned will be fixed by means of a reasoned decision or share of the total deficit which official is made responsible. The ministerial decision against will be able to appeal to the Court of Auditors within a period of two months after notification of the decision from the rock.
The Court of Auditors will decide definitely after summoning and hearing the parties, the right of appeal under the law of the organization.
Art. 196.-in cases when the same ministerial decision are jointly and severally condemned several verification and control agents and only one in ' înşii appeal, the Court of Auditors will call ex officio, all those who are given in the condemnation decision, and the Administration has rejected it, and the decision will give, will finally decide on the responsibility of the entire deficit, what he found , thus establishing the liability of each side.
Art. 224. any public official who, while following dispoziţiunile of this law, by Act or omission, the commit intentionally or not, would cause damage to any public or State administratiuni, is required to make good, independently of the penalties could be subjected unto it.
Art. 225. Ministers may send in the judgment of the Court of Auditors, by the Prosecutor of that Court, on any public official who violates the present law and the rules of dispoziţiunile them.
The Court of Auditors may seize and ex officio prosecution for the irregularities found during control or own.
Directors and heads of service in the course of their own who would learn about any fact which could give place to account, in accordance with the provisions of this law, are obliged to bring to the attention of the Minister concerned, through a confidential report; failure to do so will be subject to the penalties referred to in the next article. 1.
Art. 226.-the Court of Auditors referred to it after hearing the official blamed noting wrong or deviation, on the one hand, we can condemn the guilty, by year, motivated, to a fiscal fine, equivalent to the total salary of it, from 15 days up to a maximum of 4 months; on the other hand, will be able to ask the Commission for sending his disciplinary judgment, to determine whether there is a place to apply any disciplinary penalties, in accordance with the Statute of the dispoziţiunile civil servants.
In the event of serious or repeated misconduct, the Court shall order the judgment sending the guilty of the Commission of discipline, to hotarai if this is not the place to be removed from service.
Osebit of this Ministry or Government will condemn the guilty, by reasoned decision, to indemnify the State or public administration from damage or loss, except where only ' would find that the working order signed by the Minister or the delegate.
Deciziunile Ministry or public administration are open to challenge in the appeal to the Court of audit within 2 months after notification of the decision from the rock.
Sentencing will be made pro rata, taking into account the functions and fault, when the deviations this law will be Dale raced several officials.
Article 228 applications for ordering the execution of insurance shall, as a rule, the court process; However, in the case of art. 225, construction and insurance may be required and the District Court, in which the 2nd Circuit detour is located middle-to be impounded.
In the case of art. 227, the address will be made by the District Court of detour, the insurance summary executions to be carried out on the Court and, funduara insurance to be carried out on the buildings. If the execution of the following insurance on mobile and stationary, it's competence to order the execution of Insurance Court funduara. In the case of executions, which are to be carried out in several districts or judges of courts funduare detour right choice it needs that require insurance.
Article 229 or address for ordering the execution of insurance to solve without hearing the opponent, which is inconstiinteaza about it, with the opportunity to carry out the execution, and if execution of insurance solely on real estate, when he ordered his execution.
Into how insurance is ordering the execution of pending danger of appearing verosomilitatii, construction and insurance will be ordered, without condition, be provided that require insurance, be obliged to submit prior to the execution of a bail in cash or in good effects for the Security (art. 42), which will be fixed by the Court through appreciation.
In the case of art. 226, sum up to competition which ordered the execution of insurance shall be fixed by the Court through appreciation, taking account of the data which were submitted.
Article 230 the execution of insurance is carried out on the furniture, through application of seizure and evaluation in accordance with the rules referred to in this law, and real estate, by advance booking the right mortgage. In the case of paragraph art. 225, one cannot require the moving of objects seized.
In order to prenotarii the right of mortgage shall bring the matter before the authority of funduare books.
The effect of seizure of the insurer and the assessment is identical with the law on the seizure and forced execution evaluation.
The effect of prenotarii the right of mortgage shall be judged the existing rules in this direction.
Execution costs insurance is required to move that requires execution of insurance. These expenses, how insurance did not execute ' disolva; 234 or 235, or following an appeal (use)-and in the process has not been based on ' would decide otherwise, them supports the one against which he carried out the execution of insurance only if and only if in proportion, and how he was forced to the costs.
The orderly execution of insurance upon the furniture will be made within 30 days counted from the day she handed the conclusion urmaritorului. In contrary case, concluding loses effect.
Article 231, against whom he ordered the execution of insurance, shall have the right to enter the Court amount to be provided in cash or in good effects for the Security (art. 42), what if it meets, it must be incetata the execution of that insurance is concluded, it should be ordered ex officio disolvarea insurance execution was carried out on mobile, or termination of the right of mortgage. The same will be done when the sides agreed to give a guarantee by a guarantor, pledge or otherwise insured.
Article 232, against whom he ordered the execution of insurance, may declare the appeal (use of) v. conclusion of ordering the execution of insurance, in the following cases: a) If she ordered the execution of insurance contrary to art. 223-228;
b) If the debt has been fully covered, before ordering the execution.
If it joins the call (exercise) or if noui, contents of the call (recurgerei) is absolutely necessary, prior to submitting the basis, will listen to your opponent.
Article 233 at the request of any of the interested must be orderly sale by auction of furniture seized about execution if their retention is possible only with a considerable impairment or with neproportional large expenses in relation to value.
In this case am shall apply, with regard to procedure, dispoziţiunile art. 104 accordingly.
Article 234 if debt is under process, ensuring the orderly and carried out remain in being until rezolvirea by decision jurevalida of the process and cannot be disolva no if she rejected by lower courts, by the verdict of law neridicata value, the action party demanded, or if the Court nullifies the upper disolva, and ordered additional proceedings or change through sentence neridicata still value in law, the verdict on the basis of which he ordered the execution of insurance in accordance with art. 224. If, by the verdict of the high value of the superior court, annulled the verdict entirely on the basis of which he ordered the execution of insurance, together with the whole procedure, or if the show was acquitted under the action by the verdict raised to value of superior court, construction and insurance must be reduced.
Art. 234 is amended by art. 53 of Act LIV/1912 as follows: Art. 53.-instead of disolvarea or cancellation of the sentence from paragraph intaiu of article. law 234 LX/1881 and instead of cancelling the provision of paragraph 2 of this article, you must understand the withdrawal from enforcement of the sentence.
In the case of article 235 article 4. 225, if with ordonarii insurance opportunity the execution process was not started yet, the claim is required to start the trial within 30 days counted from the way of handing over the conclusion of ordering the execution of insurance, in case the point of art. 225, from the due day; otherwise, at the request of the opponent, the implementation of insurance disolva.
In the case of art. 227, authorities there are obliged to enumarate boot process against oficiantului, the official or member of the governing body, from before the competent judge, or to start the procedure under existing rules before the competent authority or, in criminal law foresees a fixed term of 30 days, counted from the presence of insurance is entered into, the awarding of the order; otherwise, at the request of the opponent, the implementation of insurance disolva.
The action filed or proceedings initiated after the deadline fixed for 30 days, does not prevent the execution of insurance no disolvarea then if disolvarea was requested after startup or process works.
If the party who demanded he justified the trial commencement or works with the notarial act, following the request of dissolvents, ordering hearing of the parties and if the party demanded, does not justify the opportunity with desbaterei or through a statement submitted earlier, that has made the process or procedure within the term fixed, the implementation of insurance disolvata. In the event, the dissolvents demanded will be ordered to pay all costs were coming along.
Article 236, which makes execution of insurance to cover a claim evidently groundless or stopped, is liable for all damages caused by this and Furthermore, at the request of the party who has suffered, insurance may be required to pay fines up to 10,000 lei * 99).
— — — — — — — — — — — — — — * 99) In Hungarian text was equal to 500 floreni 1,000 kronor, the amount was increased to inzecitul them, under the law concerning court fines increase turnover and how their collection, published in Official Gazette No. 279 of 25 March 1923.
Pretentiunea of claims among the cat was recovered, about action counterclaim, in process for claims, the Court decides upon it suddenly, with the main trial. In other cases, the action must be initiated at the Court which ordered the execution, within three months, counted the amount of generations from the sentence of acquittal, in the process, or the conclusion whereby he ordered the execution of disolvarea, that is, after the nature of the works, about summary or formal * 100), and solved by the verdict.
— — — — — — — — — — — — — — * 100) see para. 2 and 3 of article 10. 55 of law LIV/1912 (p. 10).
In these cases, judge and solve it at once with pretentiunea of compensation, and the issue of conviction to a fine.
When he is asked only to sentencing, the application must be submitted within a time limit of three months shown above, in the Court which ordered the execution. The Court, after listening to the parties about the summary or formal * 101), acting through the discharge. Call (recourse) against the conclusion has suspensive effect.
— — — — — — — — — — — — — — * 101) see para. 2 and 3 of article 10. 55 of law LIV/1912 (p. 10).
Before the expiry of a period of three months and if within that period he filed claims process or if he started the procedure to amend sentence, until their rezolvirea jurevalida, recorded under article penalty 229, cannot be refunded.
II. The SEIZURE Article 237 of the seizure occurs:) before submission process or during the process, if the subject of the claim is an asset or a right determined and if he who asks his seizure warrant or right holder, by notarial act or by the act with the full force and probanta look like without seizure, of the right or is threatened;
b) amended article 10. 54 of Act LIV/1912 as follows: Art. 54.-b) of art. 237 of the Act 1881, LX/change in the sense that the seizure takes place: b) on the basis of a judgment of conviction, date in a lawsuit for a thing or right, whether the show has filed opposition or apelatiune * 102) with effect on execution.
— — — — — — — — — — — — — — * 102) In Hungarian text: "".
However, if the Court has fixed for compliance with a shorter term than the term apelatiune or opposition and declared enforceable without consideration to the sentence apelatiune, seizure and then, if the party obliged not to execute the sentence within the term of fulfilment;
c) by the proprietors of art. 227, where it is claiming a particular asset or a right determined;
d if it becomes known as litigioasa) of any movable or law and cannot be ascertained, who is in possession of, or who is entitled to judicial protection;
e) during process termination or lawsuit for cessation of contract of rent, and if arendatorul and unusual for anyone to refuse to subject rents;
f) at the request of the creditor, with mortgage debt intabulata any building on the property mortgaged, and its accessories, if the mortgage lender justify that action filed claims to maturity at the same time proving a fact or omission of the owner, which shows a significant destruction of property or an impairment and this endangers the security offered by the mortgage.
If the right mortgage is tabulated with a pending law justification or nejustificarea prenotarii property rights, ordering seizure cannot take place.
Article 238 application for ordering seizure shall be submitted to the court process, the moods of the b) and e) of art. 237 unconditionally, and in the case of point) when it is switched on for the objects to be taken under seizure or if it suddenly starts with the submission of the application for seizure.
In the case of section a) of art. 237 if the seizure is required prior to the submission process, also in cases where the points c), d) and (f)) of art. 237 as the object of seizure it forms a building or a fortune, Adresse or seizure shall be submitted to the Court or the District Court funduara detour in whose constituency following the seizure. If you intend to perform the seizure on mobile and stationary, for ordering is funduara court jurisdiction. If the seizure is to be carried out in several instances funduare constituency and several justices of the detour, the right choice it needs that require the seizure.
Article 239 Request or seizure to solve the cases and points b) c) of art. 237, without hearing the opponent, and in cases of points), d) and (e)), as a rule, after hearing of the opponent. In the latter cases, as the resulting delays would jeopardize, seizure may be ordered in advance and without hearing the opponent; is fixed, however, at the same time limit for hearing the parties and then, finally, through the maintenance of seizure, or disolvarea's. Call (recourse) against the closure of dissolvents of seizure ordered with anticipatie, have suspensory effect.
In the case of section f of article 1.) 237, the seizure may erode only after hearing of the opponent and if necessary, after a previous procedure of proof.
About ordering seizure, opponent is myself: d incunostiinteaza, with the opportunity to carry out seizure, and if the seizure shall be carried out only by scoring in the book funduara, with the opportunity of issuing concluding ordering seizure.
In the cases of) and f) of art. 237, the seizure shall be ordered either without condition, be provided, as the one who asks for the seizure, be obliged to submit, prior to the seizure, a bail in cash or in securities declared good for effects (art. 42), which will lay down the Court, through appreciation.
Article 240 If the seizure was ordered only to ensure any ownership interest in a building, making it do without the appointment of a custodian, seizure, seizure ordered by the notation funduara book and in this case, it referred the matter to the authority of funduare books. However, at the express request of him who asks for the seizure, the Court may require and in such cases conscrierea accessories and putting them under the administration of a curator of seizure.
Carrying out the seizure, which was ordered to mobile or over the right to use a building, shall be made on the spot by the object's conscrierea to take under seizure, by assessing and placing a curator of seizure.
Curator of seizure calls Court that ordered the seizure, following the proposal of the parties, or if the seizure was ordered without hearing the parties, on the proposal of asking the seizure. Curator of seizure will appoint a person having sufficient material guarantee and be reliable, bearing in mind that the domicile of the trustee and the seizure should not result in enhancing the fruitless charges and expenses of the trustee. In order to release the cat following in someone else's District Court judges, who ordered the seizure can be trusted with the appointment of the Trustees of the appellate court for carrying out the seizure.
In the cases of article 241 points), b), c), (d)) and e). 237, the seizure has the effect of law, that person said, can acquire rights to the object of seizure, the harm that demanded the seizure, to real estate, from the moment of arrival rogatorii for the creation of the Commission notatiunii in the book of funduara, and in case of seizure conducted on mobile spot, out of time.
Article 242 in the cases of points), b), c), and (d)) of article 6. 237, how mobile asset under seizure cannot keep than with a considerable impairment or neproportional large expenses in relation to the amount to be tendered in accordance with art. 104. In this case, the one against which he ordered the seizure, shall have the right to enter the Court seizure object value, in cash or in good effects for the Security (art. 42), which if fulfilled, the seizure shall be ex-officio disolva. The same thing will be done, and then, when the sides agreed to give surety, pledge or otherwise insured.
The value to ensure that, if the parties have agreed in this direction, a court determines who ordered the seizure in case of need, after listening to the experts.
Article 243 Against concluding ordering seizure, the party against whom the ' ordered the seizure, may declare the appeal (use) in the following cases: a) If the seizure was ordered contrary to art. 237;
b) if the object of the process, namely, debt mortgage lender, has been completely secured before ordering the seizure.
If it joins the call (exercise) any new document, or if the content of the call (recurgerei) presents itself as necessary, prior to submitting the basis, must be obeyed.
In terms of duration and disolvarii seizure, apply properly the provisions of art. 234. Article 244 If, in the cases of points) and (d)) of article 6. 237 when he ordered the release, ' has been started the process, nor does he set off at once, for the object on which the seizure was ordered, at the request of which side he ordered seizure is required to start the process of the Court ' jurisdiction, in a period of 30 days, counted from the day of conclusion of Rumania ordering seizure; otherwise, at the request of the opponent, the seizure shall be disolva.
In the case of point c of article) 237, will start the process in front of the judge, all within this term of 30 days, or it will start proceedings before the competent authority in accordance with the existing rules, or will submit criminal foresees; otherwise, at the specific request of one suffering from seizure, seizure shall be disolvat.
Moreover, in terms of disolvarea seizure shall apply correspondingly dispoziţiunile art. 235, and in terms of liability discourages of a seizure on the basis of a right demanded obviously feel there is or ceased, dispoziţiunile art. 236. in the case of point (e)) of article. 237, disolva will release after the verdict, high value through the rule of law, the process started for the cancellation or termination of the lease contract.
In the case of point (f) of the same article), seizure shall disolva officio if he radiated that claim requested seizure or if, in the process that was under way at the time of seizure, and ordonarii gave the order against the respondent, a verdict of acquittal, raised to value the rule of law. And if reason ceased and he ordered the seizure, or if the debt was insured mortgage lender in accordance with art. 42, at the request of the owner, if necessary, after hearing that the mortgage lender had asked the seizure, seizure shall be disolva.
Call (recourse) against the conclusion of seizure have suspensory effect.
Article 245 the Court which ordered the seizure, give the Trustees of seizure, upon necessity, of its own motion after hearing the parties, possibly, or at the request of any of the parties, appropriate management guidelines the circumstances, which curator of seizure is bound to follow them. Such guidance can give management and portărelul, until the Court gives provisions. In the event indrumarilor in case management or administration, opposition parties can make to the Court which ordered the seizure. The Court decides, if necessary, after hearing the parties and the trustee of the seizure.
In the case of section f of article 1.) 237, i shall give the trustee of such seizure management guidelines, which, besides the mention, as it may be, nestirbita of the right of disposition of the owner, to correspond in terms of conservation of the mortgage fund nestirbite and accessories. In this case, the income of property taken under liens it needs.
Moreover, the rights and obligations of the Trustees of seizure are identical to the trustee's rights and obligations.
Article 246 If the trustee of seizure does not fulfil a punctual, or if doubts arise regarding the trust in him, can be removed from the post at the request of any party, the Court's estimation, even over time.
In urgent cases, the Court removed from the post of curator seizure even ex officio.
Against the conclusion that ' ordered removal remedy does not occur.
In place of seizure removed from post, the court appoints another curator of seizure, after listening to the parties, and is appointed, as appropriate, take provisional measures necessary for the maintenance of seizure.
In the event that the ordering removal, for taking things seized dela curator of seizure and for the teaching of their newly appointed trustee, sequestration is delegate portărel. Until the competition likely amount to cover the lack of obvious what looks at teaching and taking charge, the Court shall, after the arrival of the report the execution of insurance against trustee of seizure.
Article 247 when he got under seizure or any income good or right, curator of seizure is required, with the termination of seizure or if the seizure lasts more than one year, at the end of each calendar year, possibly at the behest of the Court and in a shorter time, to submit to the Court which ordered the seizure of arithmetics led in regulation.
If the trustee of the seizure is not forwarded to the calculations, a fixed term, which shall be fixed after time runs out, ex officio, and which cannot be extended, it will be removed from post and also ex officio, at the request of any of the interested parties, will be ordered against his execution until the insurance sum which covers lack of competition likely.
Article 248 for the furniture which forms the subject-matter of income under seizure, curator of seizure is obliged to submit the proposal to the Court which ordered the seizure.
As regards the method of recovery, possibly keeping in nature, the Court shall decide after his appreciation, after hearing the parties. If the parties have agreed otherwise, the capitalization is done about judicial auction. Against the conclusion of what ' in this regard and publicatiunei auction does not take place (recourse) and opposition.
Article 249 About definitive calculations on an annual basis and prior to the curator of the seizure, and that you can see on the Court, the Court sides with the incunostiinteaza, to submit their comments in writing, in a fixed period of 30 days, especially as, otherwise, the calculations shall be considered correct.
In the event that shall be submitted to the Court after observari, hear the parties and curator of seizure about summary or formal desbatere * 103) after an eventual proof procedure, acting through the sentence. Against the sentence by which we confirm the verdict of first instance, the appeal is not allowed.
— — — — — — — — — — — — — — * 103) see para. 2 and 3 of article 10. 55 of law LIV/1912 (p. 10).
Article 250 Expenses of seizure, înţelegand here and trustee fees, seizure is required to advance the one who asks for the seizure. Expenditure arising under seizure duration, except in the case of section f of article 1.) 237, must be covered from the revenue that it receives in the course of the trustee gestiunei seizure.
If the requested seizure would not spill, at the order of the Court and within the deadline, necessary expenses arising after the seizure, which cannot fly from income from the time of seizure, seizure shall be ex-officio disolvat.
Article 251, that Issue between the parties and in what proportion are obliged to bear the expenses caused by seizure, one decides in cases of points), d), (e)) and f) of art. 237, as well as in the case of subparagraph (c)), when it starts to justify seizure, the court process, usually during the process.
If the process has not been ' gave a decision in this regard, as well as in cases where point (b)), the court process, whether or not he started the process, the Court which ordered the release, listen to the parts about desbatere summary or formal * 104), and decides upon chestiunei liability for expenses of seizure, after raising the value of the sentence of the trial, after the respective value of other proceedings or after disolvarea seizure. Call (recourse) against the closure of what was given in this regard have suspensory effect.
— — — — — — — — — — — — — — * 104) see para. 2 and 3 of article 10. 55 of law LIV/1912 (p. 10).
Article 252 the expenses of seizure, seizure cat curator is obligated to give some, it establishes the Court pursuant to article 13. 249 suddenly with issue of reckoning, and in other cases, on the basis of reckoning presented by the curator of the seizure and the parts, if necessary, after hearing the parties.
The fees shall be determined by the trustee seizes even where the parties have submitted observari '. Against conclusion concerning the setting of charges of seizure the right to call (exercise) and curator of the seizure.
Call (recourse) against the conclusion concerning the fixing of costs of seizure and seizure, trustee fees have suspensory effect.
Article 253 Dispoziţiunile art. 245, 246, 247, 248, 249, 250 and 252 of this Act, relating to what guidelines give the Trustees of seizure, the rights and obligations of the Trustees of the seizure, seizure of the calculations, the recovery of objects collected during the gestiunei curator of seizure as income from rezolvirea and establishment of reckoning trustee seizure, the advancement and establishment expenses of seizure and seizure trustee fees , shall apply in accordance with the nature of things and in the cases of seizures ordered pursuant to article 13. 75, 164, 180, 208, 211 and 213 of the present law, as well as in cases of seizures ordered during inheritance works.
Expenses and fees are established by the trustee in sequestration this case by the Court of justice the competence to carry out the execution of the Court's estate.
Article 254 In other cases shall be covered by the existing laws, will be applied the usual procedure until now.
See, for criminal cases, title VI, chapter VI (articles 120-123) of the criminal procedure code.
FINAL PROVISIONS Art. 255, 256, 257, 258, 259, today without the date.
Article 260 With the execution of this law is in charge of the Ministry of Justice.