Law No. 389 Of 21 June 1943 On The Extension Of Civil And Commercial Legislation In Romania Over The Carpathians

Original Language Title:  LEGE nr. 389 din 21 iunie 1943 privind extinderea legislaţiei civile şi comerciale în România de peste Carpaţi

Read the untranslated law here: https://www.global-regulation.com/law/romania/3071439/-lege-nr.-389-din-21-iunie-1943-privind-extinderea-legislaiei-civile-i-comerciale-n-romnia-de-peste-carpai.html

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Law No. 389 of 21 June 1943 (republished) for the extension of civil and commercial legislation of the old Kingdom in Romania over the Carpathian Mountains) PARLIAMENT published in the BROCHURE for the ISSUING of 1943 — — — — — — — — — — — — — — — * Note) Text corrected according to rectifying the problems arising in the Official Gazette No. 146 dated 26 June 1943.


Chapter 1 General article 1 Dispoziţiuni civil and Commercial Law of the old Kingdom expands its territories over the Carpathians as well as follows: 1. The civil code of 4 Decemvrie 1864;
2. Law courts of wards Octomvrie 30, 1907;
3. the code of civil procedure of 14 March 1900;
4. Commercial Code of 10 may 1887;
5. the law on the rights of the owners of rental and lease agreements, of 30 March 1903;
6. the law on the factory marks and trade of 15 April 1879;
7. the law on the patent inventiuni of 13 January 1906, with their subsequent amendments, as well as all applicable laws, civil and commercial procedure, of any nature, and how their regulations, in effect on the date of implementation of this law.


Article 2 references made to the laws and regulations that have been made after Connection,-1,-from Decemvrie local laws what repeal, count references to extensive laws and regulations. References made to the laws and regulations that have been made after connecting to the laws of the old Kingdom full throughout the country are counted as references to the corresponding local laws and regulations in force.
References made to the laws and regulations in force, the remaining local to local laws and regulations are repealed, the count made at dispoziţiunile in extensive legislation by this law.


Chapter 2 Dispoziţiuni from local laws that are maintained in force Article 3 to review the following codes Romanian dreptul dispoziţiuni: 1. Dispoziţiunile 20TH 1877 Law from 1885, and you start from the business for guardianship and curatorship, with their subsequent amendments, as well as those of other dispoziţiuni laws in the immediate and necessary relation;
2. Dispoziţiunile on the right of inheritance of the surviving spouse;
3. The laws, regulations or ordinances relating to land books, as well as dispoziţiunile from laws, regulations or ordinances relating to land books for Central railways and canals.
4. Dispoziţiunile from 1874 and BYOMKESH Law in 1886, relating to notaries public, and its subsequent amendments;
5. Art. 50-89 including art. 98-107 including the inheritance procedure.


Article 4 establishment, modification or extinction of a transmission, rights in rem in immovable property shall be made by entry in the land register. Remain exempted cases provided by the law in which rights in rem are taken registration is without land; the holder will not be able to dispose of them but only after they're done signing up. Convenţiunile and unilateral acts relating to the formation, transmission, modification or extinction of the rights in rem of immovable property will be valid unless they are made through the act writing and in cases stipulated by law, in authentic form. Whenever extensive laws provide for the inclusion in the register of transcription or inscriptions or transcripţiuni documents relating to rights in rem in immovable property or certain personal rights, or of insurance upon property, it will make the inclusion of appropriate land registry, in accordance with these rules and with what effects a carmuesc there.
It will be noted in the land, with the effects provided for in the laws of what a carmuesc, personal rights, or other legal relations, likely, according to local laws that are maintained in force.
When laws that extend provide for displaying an action or extract them, giving retroactive effect to the judgement, which will rule on estate and one of the parties as is the case of art. 285 of the civil code and art. 630 civil procedure, the action will be recorded in the land register in which shall be entered the property on which the decision is to take effect.


Article 5 If any building is the subject property on the floors or on the flats, it will open up a land register collective for the whole building and a land register for each individual floor or apartment. The building as a whole will be shown in the land register collective with a number nefractionat, and in the land registry books, each individual floor or apartment will be shown with a number of parcel spliced, whose lawyer will be shown in the land register number, and the denominator will be index or floor apartment.
In the land register collective opt all owners of floors or apartment times. This book will show, in the title, the subject individual's storied property times, together with the apartment number they parcel, and on the number of times each plot of the floor apartment with the land book appearing in the writing and the common parts of the building indivize.
The land registry will enroll individual floor or apartment owner, will look right joint proprietorship of indivize and common parts will be made to land the entire card number.
Entries for the entire building will be made in the land register collective and the individual.


Article 6 Copărtaşul will be able to ask, under the original conflict official and certified copy of warranty call, inclusion of a privilege over other buildings have collected copartasi what effect the Division, in order to guarantee the claim resulting from the crowd out. Enrollment will be made until the amount for which the competition was under warranty.


Article 7 In the case provided for by article 6. 1737, section 4, the privilege will enroll under the first protocol for the sum indicated in the contract, and if the value of the works does not result from a contract, privilege will enroll up to the maximum indicated in the application; the one against which he made his registration will be able to call to ask, however, in the latter case reducing the amount entered. The second report will note in the land, with reference to the first inclusion committed.
The Court shall incuviinta termination of the privilege, at the request of any interested, after hearing the parties, if it has not been ' asked notation of the second report, within the time limit of six months provided for in art. 1737, section 4, and the one against which he did embark, alienated the property or has been declared bankrupt or ceased from vieata and the succession was accepted under benefit of inventory.


Article 8 the assignee will be able to ask for the inclusion of the mortgage in its favour, based on official assignment of the claim. When it cedes a debt guaranteed mortgage entered in the land register, the closure of the application made by the debtor's land register Court take the place of the notification provided for in article 4. 1393 civil code.
The assigned debtor will be able to ask, within one month of conclusion of the communication by which dela was ordered inclusion of resettlement of the mortgage, excepţiunilor notation that it could preclude the assignor for previous causes communication and inclusion on let them oppose the transferee.
The land register will incuviinta in whole or in part the right to cancellation of the mortgage or note provided for in the preceding paragraph shall, pursuant to the judgement final remaining (or final), which was pronounced upon hearing excepţiunilor invoked by the assigned debtor.
Dispoziţiunile of this article shall apply in the case of similarity through pledge constituted an existing mortgage receivables.


Article 9 If the mortgage debt was reserved for novate guaranteeing nouei claims, it will score with rank of ancient mortgages, under official proving novatiunea.


Article 10 At subrogat in mortgage creditor will be able to ask about mortgage law enrollment under records proving subrogatiunea.


Revocation article 11 donaţiunilor for survenire and report the nature of immovable property forming part of an inheritance, shall not affect the tasks and instrainarilor set up by the owner of the table. Revocation for failure to donatiunii condiţiunilor or instrainarilor does not affect the tasks undertaken by the same owner, out only if they were generally recorded in the land register.
Brill will not be subject to the dispoziţiunilor art. 786 of the civil code, in respect of the immovables situated in lands where legislation extends by this law; She will have in this case a memorandum.


Article 12 Ordinance ordering the creation of a wage garnishment mortgage receivables will be communicated to the Office of the land register, which, after scoring a third party will communicate to poprit. Poprită amount will be distributed among creditors that have pursued under the provisions of art. 464 of the code of civil procedure.


Article 13 enforcement over real estate or for real estate, insurance and how these measures will be made according to art. 132, 137-213, 220 and 221 of the Act No. LX from 1881, as amended by the law of LIV since 1912. Remedies against the discharges and the time limits to which it may be exercised are set out in these laws. The appeal court will judge.
Real estate execution will be ordered by the Court which has tried in the first instance. Ordering the execution of real estate pursuant to a notarial deed, to a decision in criminal matters or the date of the decision of an administrative authority within the competence of the Court of domicile of the person sought; in cases where several debtors creditor should watch Court choice.

The request for enforcement shall include the particulars referred to in article 2 135 of the law executionala. It will be made in the number of copies required to be communicated to each borrower and watched each of the courts of the land register to proceed to execution, plus one copy for the Court with the request. At your request we will join the investment decision appended.
Application for ordering the execution of the will in the Council Chamber, without summoning the parties. If the application is admissible, the Court shall give an order and will follow according to art. 136 of executionala.


Article 14 the Court of appeal in the matter of the land register is the Court of Cassation.


Article 15 In the processes that have the object of immovable property rights and other rights in rem, or tasks times issue of property under these in conflict processes, milestones and ownership relating to immovable property and the land register processes for cancellation, jurisdiction of the courts in whose territory the property is situated, is an exclusive competence.
If the property is located in the territory of more than one court, the process may bring proceedings before either of them.


Article 16 public Notary unless provided for by art. 108, para. First, the notary Act (local), you will not be able to hear witnesses and receive the deposit money and public credit effects. Court jurisdiction to invest appended to a notarial deed will be circumscriptiunea the Court to which the notary public is established.


Article 17 procedure for legacy opens automatically, when the sequence is found, or if the estate between the heirs are minors, persons under curatorship pursuant to art. 28 of the Act, if the tutelara within 3 months from the presence of death, those interested in not demanded, nor demanded at the same time release a certificate of inheritance or legatar. Requests for release of a certificate of inheritance or legatar withdrawn or rejected by final judgment, are counted not entered.
Within 15 days after the date of death, which from the delegate in the communes, City Hall and the rural municipalities of notary, will draw up an act covering the date of succession, the inventory of buildings and their approximate value, name and place of residence, compared to to the heirs with the brightness if any of them is minor or put under curatorship and nearest relatives and will send him to court jurisdiction to the opening of the succession. District Court, if the requirements of paragraph 1 are fulfilled. First, the Office will appoint a notary public to desbaterea succession.


Article 18 Right of vigil and will pursue disciplinary action against notaries public, under art. 7, paragraph 1. 10-13 of the Decree-Law No. 478 of 1 Octomvrie, 1938.


Article 19 Dispoziţiunile from local laws that are maintained in force applies to persons having their residence in the territory of the actual implementation of these laws, as well as goods in that territory. Succession will be carmuite by the law of the last home, or where it would be located assets that compose them. Brill real estate on the territory where the procedure of local heritage is maintained, will be done according to dispoziţiunilor art. 10. Form of documents is traditional of law of the place where they have been drawn up.


Chapter 3 section I Dispoziţiuni transitorii Dispoziţiuni civil law Article 20 Validity of marriage will be governed by the laws in force on the date of the celebration. However, the marriage which, according to previous laws, is null, or anulabila, will not be disbanded after the entry into force of the nouii laws, unless its removal could be pronounced and according to dispoziţiunilor.


Article 21 dissolution of marriage for occurrences prior to the implementation of this Act, it may be made only if those facts can give place to the dissolution of marriage and the civil code. Applications for conversion of separaţiunii and despărţenie, the table can be done within a period of six months, counted from the way of the implementation of this Act, if any definitive decision from the presence of separatiune has gone more than two years, and otherwise the fulfillment of the two year dela.


Article 22 Fireside paternity of the child born prior to the entry into force of this law shall be done according to the laws.


Article 23 Successions opened before the entry into force of this Act are carmuite by the laws in force at the date of initiation.


Article 24 the acceptance or renunciation of a succession opened before the implementation of this law, when the heir has not yet exercised the right of option, will be made in the manner prescribed by law.
The term for creation of the inventory provided for in art. 706 C. civ., will begin streaming dela implementation of this law, except if it is not modified by dispoziţiuni from special laws.


Article 25 Convenţiunile and dispoziţiunile left on the joint possession, previous to the implementation of this law will continue to produce effects. However each indivizar will be able to ask for the output of joint possession after a period of 5 years from the presence of entry into force of this Act, only if the time limit set out in the contract expires before or testament.


Article 26 In succession that will open after the implementation of this Act, the desmostenirile made pursuant to previous local laws will remain without effect.


Article 27 the legal acts, between vineyards and for death, before the entry into force of this Act, shall remain subject, in terms of validity, effects and means of probation, laws that carmuiau at the time when they arose. The effects of these acts will occur after the entry into force of this law, shall however be subject to dispoziţiunilor of public order laws. Anterioritatii proof of the Act shall be made through legal means of proof permitted under the laws of which the Act was done or completed.


Article 28 Joint wills and inheritance Pacts made under local law, and will effect in succession that will open the posterior entry into force of this Act. They may be revoked or annulled according to dispoziţiunilor laws in force before that date.


Article 29 the facts of producing damage, before the entry into force of this law, they shall produce the effects provided for in the laws under which they were committed.


Article 30 for marriages concluded prior to the entry into force of such laws, property relations between spouses are not carmuite in the absence of convenţiuni, the legal regime under which the marriage was concluded; However matrimonial property regime cannot be changed during the marriage, nor equip will be enhanced.


Article 31 Prescripţiunile started before the implementation of this law are carmuite in nature, duration and effects of the provisions of the law under which they were started. When the new law provides for a shorter period than that of the old, the shorter term, if reckoned from the day of enforcement of the new law, the time is fulfilled before the deadline set by the law. Cases of suspension and interruption of the prescription are those provided for by law. Dispoziţiunile art. 1909 of the civil code shall not apply to started before the entry into force of the present law.


Section Dispoziţiuni of the commercial law Article 32 relating to record keeping Obligations trade, laid down in the commercial code, shall enter into force on 1 January 1944. Until this time the trade registers kept in accordance with earlier laws dispoziţiunile, produce the same effects as the records of the commercial code.


Article 33 joint-stock corporations Statutes will have to be made to agree with extensive laws, until 1 January 1945, fulfilling his formalities of article-it. 92 and 96 of the code of Commerce.


Article 34 the responsibility of members of the society in transactions by the company prior to the entry into force of this law, will be provided by local law.


Article 35 commercial Procurile, and data entered in the commercial register before entry into force of this Act, shall keep the effects specified in previous laws, with respect to powers granted the Procurator until the expiration or termination of their own.


Article 36 declared Bankruptcy before the entry into force of this law shall be the laws of carmuite being the date when they were declared. The bankrupt post compositions required after implementation of this law, shall be carmuite of the commercial code.


Section III Article 37 Dispoziţiuni procedural actions and requests placed before the implementation of this law, shall be prosecuted according to the laws in force at the date of the application and the jurisdiction of the Court according to the law under which it was introduced. Convenţiunile extension of competence of courts, local law and valid according to the previous law, will take effect and following the implementation of this law.


Article 38 the decisions handed down prior to the entry into force of this Act, shall remain subject to the rights of appeal and time limits provided for by the law under which they were handed down.


Article 39 Obsolescence, opoziţiilor, complaints, appeals, appeals or requests for review can be found in the lost not suspended or entry into force of this Act, be held within a period of three years reckoned from the presence of the date when the process was lost not respectively the latter act, which from the procedure.


Article 40


When you cannot determine the competence of the Court to prosecute a claim or when due to impossibilities in fact, this Court cannot be notified, the High Court of Cassation will be able to indicate, at the request of any party, the Court's competence.
Dispoziţiuni final Article 41 This decree-law shall be implemented on Septemvrie 10, 1943.
On the same date shall repeal all the laws, customs, regulations and provisions at variance with the laws and regulations of this Act extended.
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