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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

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LEGE no. 389 389 of 21 June 1943 (* republished *) for the extension of the civil and commercial legislation of the Old Kingdom in Romania from the Carpathians *)
ISSUER PARLIAMENT
Published in BROCHURE from



--------------- Note * *) Text corrected according to the rectification published in the Official Gazette No. 146 of June 26, 1943. + Chapter 1 General provisions + Article 1 The civil and commercial law of the Old Kingdom extends to the territories of the Carpathians, as follows: 1. Civil Code of 4 Decemvrie 1864; 2. Law for Ocoals of 30 Octomvrie 1907; 3. Code of civil procedure of 14 March 1900; 4. Commercial Code of 10 May 1887; 5. The law on the rights of the owners resulting from the tenancy and lease contracts, dated March 30, 1903; 6. Law on factory and trade marks of 15 April 1879; 7. The Law on Patents of Inventions of 13 January 1906, with their subsequent amendments, as well as all civil, commercial and procedural laws, of any nature, as well as their regulations, in force on the date of implementation of this law. + Article 2 The references made by the laws and regulations that intervened after the Union,-1 Decemvrie 1918,-to the local laws that are repealed, are counted made to the laws and regulations extended, corresponding. The references made by the laws and regulations that intervened after the Union to laws of the Old Kingdom not extended throughout the country, shall be counted made to the corresponding local laws and regulations remaining in force. The references made by the local laws and regulations remaining in force, to the local laws and regulations that are repealed, shall be counted made to the appropriate provisions of the legislation extended by this law. + Chapter 2 Provisions of the local laws kept in force + Article 3 Until the revision of the Romanian codes, the following provisions of local law are maintained: 1. Provisions of Law XX of 1877 and VI of 1885, for the regulation of guardianship and cleaning business, with their subsequent amendments, as well as those provisions of other laws in immediate and necessary connection with them; 2. Provisions regarding the right of inheritance of the surviving spouse; 3. Laws, regulations or ordinances on land books, as well as provisions in laws, regulations or ordinances on central land books for railways and canals. 4. Provisions of Law XXXV of 1874 and VII of 1886, regarding public notaries, as amended; 5. Art. 50-89 inclusive and art. 98-106 including from the inheritance procedure. + Article 4 The establishment, transmission, modification or extinction of real estate rights shall be made by registration in the land register. The cases provided by the local law in which the real rights are brought down without registration in the land register are exempted; however, the holder will not be able to dispose of them until after the registration has been made. The conventions and unilateral acts related to the constitution, transmission, modification or extinction of real estate rights will be valid only if they are made by written act, and in the cases provided by law, in authentic form. Whenever the extended laws provide for the registration or transcription in the register of inscriptions or transcripts, of the acts relating to real estate rights or to certain personal rights, or of insurance measures on buildings, shall be make the corresponding registration in the land book, according to the rules that carve it and with the effects there provided. The land book will be noted, with the effects provided by the laws that govern it, personal rights, facts or other legal relationships, likely to be registered, according to the local laws maintained in force. When the laws that extend provide for the display of an action or its extract, giving retroactive effect to the decision that will be pronounced on real estate and one of the parties as is the case with art. 285 of the Civil Code and art. 630 civil procedure, the action will be noted in the land book in which the good on which the decision is to take effect is inscribed. + Article 5 If any building is subject to property on floors or on apartments, a collective land book will be opened for the entire building and an individual land book for each floor or apartment. The building in its entire will be indicated in the collective land book with an unbroken number, and in the individual land books, each floor or apartment, will be indicated with a fractional plot number, the count of which will be the number shown in Collective land book, and the denominator will be the index of the floor or apartment. In the collective land book all the owners of the floors or apartments will be registered. This book will show, in the title, the building that is the subject of individual property, on floors or apartments, together with its plot number, and on sheet A, the plot number of each floor or apartment, with the showing of the land book in which is found inscribed, as well as the common parts of the building. In the individual land register the owner of the floor or apartment will be registered, the right of co-ownership will be shown on the individual parties and reference will be made to the land book number of the entire building. Entries regarding the entire building will be done both in the collective land book and in the individual ones. + Article 6 The co-party will be able to ask, pursuant to the original document for the division and the certified copy of the call in guarantee, the registration of a privilege, on the buildings that the other co-parties have acquired through the effect of the division, to guarantee the claim resulting from the eviction. The registration will be made up to the competition of the amount for which it was called under warranty + Article 7 In the case provided by art. 1737 1737, point 4, the privilege will be entered under the first minutes, for the amount shown in the contract, and if the value of the works does not result from the contract, the privilege will be entered up to the maximum amount shown in the application; the one against which it was made However, the registration will be able to ask in the latter case to reduce the amount entered. The second minutes will be noted in the land book, with reference to the first published notice. The court will approve the deletion of the privilege, at the request of any interested, after hearing the parties, if it was not requested to note the second minutes, within the 6-month period, provided by art. 1737 1737, point 4, and the one against whom the registration was made, alienated his property was declared bankrupt, or ceased from life and the succession was accepted under the benefit of inventory. + Article 8 The divestment will be able to ask for mortgage enrolment in its favor, based on the claim's assignment of assignment. When a claim guaranteed with the mortgage entered in the land book is given, the communication of the conclusion of registration, made to the debtor by the land registry court shall be the place of the notification provided by art. 1393 1393 Civil code. The given debtor will be able to ask, within one month from the communication of the conclusion ordering the registration of the mortgage displacement, noting the exceptions that he could have opposed to the transferor for causes prior to the communication of the registration and which he understand to oppose the transferee. The land registry court will approve in full or in part the deregistration of the right of mortgage or the notation provided for in the preceding paragraph, pursuant to the remaining final (or irrevocable) court decision, by which it has ruled on the merits of the exceptions invoked by the failed debtor. The provisions of this article will also apply in the case of the pledge constituted on a mortgage claim. + Article 9 If the mortgage of the novate claim was reserved for guaranteeing the new debt, it will enroll with the rank of the old mortgage, under the sign proving the novation. + Article 10 The one subrogated in the rights of the mortgage lender will be able to require the registration of the displacement of the mortgage right under the documents proving the subrogation. + Article 11 The revocation of donations for child-bearing and the report into the nature of real estate belonging to a succession, shall be without prejudice to the duties and estrangements constituted by the tabulated owner. The revocation of the donation for failure to meet the conditions does not affect the estrangements or tasks consented by the same owner, except if the conditions were noted in the land book. The division will not be subject to the provisions of art. 786 of the Civil Code, regarding the buildings located in the counties where the legislation extends by this law; it will have in this case the character of a constitutive act of rights. + Article 12 The ordinance ordering the making of the attachment on a mortgage claim will be communicated ex officio to the land registry court, which, after scoring it will communicate to the third party. The amount paid will be distributed among the creditors who have followed, according to the provisions of art. 464 of the Code of Civil Procedure. + Article 13 The enforcement of immovable property or the use of buildings, as well as the insurance measures on them will be made according to art. 132 132, 135-213, 220 and 221 of Law No. LX of 1881, with the amendments made by the LIV Act of 1912. The remedies against the terminations and the deadlines in which they can be exercised are those provided for in these laws. The appeal will be judged by the court The real estate execution will be ordered by the court that tried in the first instance. The ordering of real estate pursuant to a notarial act, a decision given in criminal matters or the decision of an administrative authority is the jurisdiction of the domicile of the person pursued; in the case of several debtors The creditor has the choice of court. The application for execution will include the data provided by art. 135 of the Local Executive Law. It will be done in the number of copies required to communicate to each debtor followed and each of the land registry courts to proceed with execution, plus a copy for the court notified with the request. The request will be joined by the decision invested with the enforceable formula. The request for enforcement will be resolved in the council chamber, without citing the parties. If the application is admissible, the court will give an execution order and follow according to art. 136 of the Local Executive Law. + Article 14 The land registry appeal court is the Court of Cassation. + Article 15 In the processes that object to the exploitation of real estate rights and other real rights or real tasks, or the issuance of the property below them, in the processes of division, boundary and possession, relating to buildings and in land book processes for deregistration, the jurisdiction of the courts in whose territory the building is located, is an exclusive competence. If the building is located on the territory of several courts, the process can be filed before any of them. + Article 16 Notary public aside from the case provided by art. 108, para. The first, of the notary (local) law, will not be able to hear witnesses and receive in deposit money and public credit effects. The court competent to invest with the enforceable formula a notarial act will be the court in the constituent of which the notary public is based. + Article 17 The inheritance procedure will be opened ex officio, when in succession there are immovable property or if between the heirs are minors or persons put under the cleaning under art. 28 of the Local Tutellar Law, if within 3 months of death, those interested did not ask for the opening nor did they ask at the same time to release the certificate of heir or legatee. Applications for the release of the certificate of heir or legatee withdrawn or rejected by final decisions shall be deemed not to be entered. Within 15 days from the date of death, the delegate of the town hall in the urban communes, and in the rural communes of the notary, will draw up an act comprising the date of opening of the succession, the inventory of the buildings and their approximate value, name, ethnicity and domicile to the heirs with the showing if any of them is a minor or placed under the clean-up and of the nearest relatives and will send him to the competent court to proceed with the opening of the succession. Court, if the requirements of par. First, ex officio will delegate a notary public for the dissolution of the succession. + Article 18 The right of vigil and disciplinary action will be exercised against public notaries, according to art. 7, para. 10 10-13 inclusive of Decree-Law No. 478 of 1 Octomvrie 1938 . + Article 19 The provisions of the local laws maintained in force shall apply to persons having the real domicile on the territory of application of these laws, as well as to the goods on that territory. The successions will be governed by the law of the last home of the deceased, or where the goods that compose them would be located. The division of buildings located on the territory where the local inheritance procedure is maintained, will be made according to the provisions of art. 10. The form of acts is governed by the law of the place where they are drawn up. + Chapter 3 Transitory dispositions + Section I Provisions of civil law + Article 20 The validity of the marriage will be governed by the laws in force on the date of celebration. However, marriage which, according to previous laws, is null or void, will not be able to be abolished after the entry into the vigor of the new law, unless its abolition could be pronounced and according to the extended provisions. + Article 21 The dissolution of marriage for acts that happened before the implementation of this law, can be done only if those facts can give way to the dissolution of the marriage and the Civil Code. Applications for the transformation of bed and mass separations into partition, will be possible within 6 months, counted from the implementation of this law, if from the final stay of the separatist decision it has been more than 2 years, and otherwise from the fulfillment of the two years. + Article 22 The denial of paternity of the child born before the entry into force of this law will be made according to previous laws. + Article 23 The successions opened before the entry into force of this law are governed by the laws in force on the date of their opening. + Article 24 Acceptance or waiver of an open succession before the implementation of this law, when the heir has not yet exercised his right of option, will be made in the form provided by the extended law. The term for making the inventory, provided by art. 706 C. civ., will begin to flow from the implementation of this law, unless it is amended by provisions of special laws. + Article 25 The conventions and testamentary provisions, regarding the indivision, prior to the implementation of this law, will continue to produce its effects. However, each individual will be able to ask for the exit from the indivision after the passage of 5 years from the entry into force of this law, except if the term established by contract or will expires before. + Article 26 In the successions that will open after the implementation of this law, the deslegacies made under the previous local laws will remain without effect. + Article 27 Legal acts, between living and for the case of death, prior to the entry into force of this law, remain subject, in terms of validity, effects and means of probation, to the laws that used them on the date when they were born. The effects of these acts will occur after the entry into force of this law, but will be subject to public order provisions of the extended laws. Proof of the previous legal act will be made by means of proof admitted by the laws under which the act was made or concluded. + Article 28 The successful acts and joint wills made under the local laws will also take effect in the successions that will open to the entry into force of this law. They will be able to be revoked or cancelled according to the provisions of the laws in force before this date. + Article 29 The acts of prejudice, prior to the entry into force of this law, will produce the effects provided for in the laws under which they were committed. + Article 30 For marriages concluded before the entry into force of these laws, the patrimonial relations between the spouses remain in the absence of conventions, the legal regime under which the marriage is over; but the matrimonial property regime will no longer be able to be changed during the marriage and neither dota can be increased. + Article 31 The prescriptions started before the implementation of this law are covered in terms of their nature, duration and effects, by the provisions of the law under which they began. When the new law provides a shorter term than that of the old law, the shorter term will be applied, if counted from the day of implementation of the new law, the term is fulfilled before the deadline provided by the old law. The cases of suspension and interruption of prescription are those provided by the new law. Provisions of art. 1909 of the Civil Code will not be applicable to possessions started before the entry into force of the present law. + Section II Provisions of commercial law + Article 32 The bonds regarding the keeping of commercial registers, established by the Romanian Commercial Code, enter into force on January 1, 1944. Until this date the commercial registers kept in accordance with the provisions of the previous laws, produce the same effects as the registers of the extended Commercial Code. + Article 33 The statutes of the companies on shares will have to be agreed with the extended laws, until January 1, 1945, fulfilling the formalities of art. 92 and 96 of the Code of Commerce. + Article 34 The liability of the members of the company in the collective name in the operations concluded by the company before the entry into force of this law, will be that provided by + Article 35 The commercial percentages, data and registered in the commercial register before the implementation of this law, preserves the effects provided by the previous laws, with regard to the powers granted to the procurator until their expiration or termination. + Article 36 The bankruptcies declared before the entry into force of this law shall be governed by the laws in question on the date when they were declared. The post-bankrupt concordates required after the implementation of this law, will be governed by the Commercial Code. + Section III Procedural provisions + Article 37 The actions and applications introduced until the implementation of this law, will be judged according to the laws in force on the date of the application and by the competent court, according to the law under which it was introduced. The conventions to extend the jurisdiction of the courts, valid according to the local law and prior to this law, will also produce their effects following the implementation of this law. + Article 38 The decisions rendered before the entry into force of this law, remain subject to the remedies and deadlines provided by the law under the empire to which they were pronounced. + Article 39 The perimation of actions, oppositions, appeals, appeals, appeals or review requests that are found in non-working or suspended at the entry into force of this law, will take place within 3 years, counted from the date when the trial was left in non-working, respectively from the latter act of procedure. + Article 40 When it is not possible to determine the competent court to judge a request or when due to an impossibility in fact, this court cannot be notified, the High Court of Cassation will be able to indicate, at the request of either party, the competent court. Final provisions + Article 41 This decree-law is implemented on 10 Septemvrie 1943. On the same date all laws, customs, regulations and provisions contrary to the laws and extended regulations of this law are repealed. --------