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Law No. 394 Of 22 June 1943 For Accelerating Judecaţilor In Civil And Commercial Matters

Original Language Title:  LEGE nr. 394 din 22 iunie 1943 pentru accelerarea judecaţilor în materie civilă şi comercială

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LEGE no. 394 394 of 22 June 1943 for the acceleration of judgments in civil and commercial matters
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 143 143 of 28 June 1943



"ANTONESCU MARESAL OF ROMANIA AND THE HEAD OF STATE" On the report of Mr. Secretary of State at the Justice Department, with No. 82.553 of June 21, 1943, Under the provisions of decree-laws No. 3,052 of 5 Septemvrie and No. 3,072 of 7 Septemvriei 1940, We decreed and decreed: + Chapter 1 Contents of the call for appeal + Article 1 The request for a summons will include: a) Name, pronoun, domicile or residence of the parties b) The legal quality in which the parties appear in the process, when they do not appear on their own behalf; c) The object of the application and its value, after the applicant's assessment, when it is susceptible to evaluation. To identify the buildings will be shown the street and the number, the floor, the apartment, and in the absence of the neighborhood, the commune and the county where the building is located or when it is inscribed in the land register, the land book number, the topographic number and possibly outline of plan; d) Showing the factual and legal reasons on which the application is based; e) Showing the evidence on which each end of the application is supported. When the sample consists of documents, so many copies certified by the applicant will be joined upon request for compliance with the original, as many as there are, more than one copy of each act for the court. It will be possible to submit an act only the part relating to the process, remaining for the court to order, in case of necessity, the appearance of the act in its entirety. If the documents are written in foreign language or with old letters, translations or transcripts will be submitted in Latin letters, certificates for compliance. When the plaintiff wants to prove his action or any of the ends of his request by questioning or the oath of office, he will ask for this purpose in his person's appearance. When the evidence with witnesses is invoked, the names and the address of the witnesses will be shown. f) Signature. + Article 2 The party that has an interest in establishing in the judiciary the existence or non-existence of a right, can bring action in finding The action in the finding is not admissible if the party can ask for the right to take the action. + Article 3 The request for a summons will be made in so many copies as many paras are, more a copy for the court. When the application is made by a trustee or legal representative, a copy of the mandate or the proof of the quality of legal representative will be submitted. As regards legal persons, this requirement shall be deemed fulfilled by the indication of the Official Monitor, in which the empowerment of their representatives is published. If more parents have only one representative or a joint procurator or if the defendant has more legal qualities, a single copy of the action and the papers will be communicated. In these cases a single citation will be issued. As for the mandate given to lawyers for legal representation, the provisions of the law for the organization of the Corps of lawyers apply. + Chapter 2 Welcome + Article 4 The President, as soon as he receives the request for a summons and after he finds the payment of stamp duties and proportional tax, provided by law, will fix the term of appearance, according to the provisions below and the parties will be quoted before the court in public session. The president will also be able to determine the time for trial. He will at the same time order to communicate to the defendant with the subpoena, a copy of the action, together with copies of the papers, with the written invitation to file a welcome at least 10 days before the deadline set for trial, outside. of urgent business, when this term can be reduced by the president up to 5 days. The welcome will be done in so many copies and in so many rows of children on the papers, how many plaintiffs are, more a copy signed by the parit or trustee and a row of children on documents for the court. With the fixation of the term, the president will order, if requested by action, the reading of the defendant to the interrogator or oath, subject to the term discussion. The deadline will be fixed so that from the date of receipt of the citation, the defendant will have at least 30 days for the submission of the welcome or in the urgent business, at least 10 days If the defendant lives abroad, the president will fix a longer term, as the case may be. + Article 5 If several applicants have a single representative or a joint procurator, or a complainant is listed in several legal qualities, a single meeting and a single row of children on the documents will be submitted to the file. In these cases a single citation will be issued for all of them. + Article 6 The meeting will include: a) procedural exceptions opposing the applicant's action; b) The answer or to all points of fact and law of the action; c) The means and the evidence with which they defend themselves against each end of the action. When he invokes evidence with witnesses, the names, pronouns and the address of the witnesses + Article 7 When there are more parents, they can answer, either separately through a welcome, or collectively, all or some of them, through a common welcome. To meet one or some of the parents, take advantage of others, as far as the common interest. + Article 8 The counterclaim, the call under warranty or any other request that aims to introduce a third party in the process, must meet the requirements of art. 1 1 and 3. They will file with the meeting once. + Chapter 3 Looks and debauchery + Article 9 On the first day of appearance, the court will be able to grant the complainant a deadline for completing or amending the action, as well as proposing new evidence. In this case the court orders the postponement of the modified action and communication The action shall not be counted as amended and no time limit shall be given, but shall be taken by the oral statements made in court: a) When the material errors are rectified in the action; b) When the plaintiff increases or decreases the velvet of the object of the action; c) When asking for the consideration of the lost object or perished during the process; d) When it replaces the action in finding an action to achieve the right or vice versa, if the action to achieve the right is admissible. If the plaintiff in the actions brought to the judges or tribunals, increases or shrinks the claims above or below the limit of the jurisdiction of the court, the respondent may ask for the decline of jurisdiction. If the action is retained by the court, it will judge in the first and last instance. The complainant will be able to ask for a deadline to file a meeting with the counterclaim and propose the evidence in defence. The court will be able to give the defendant a term for the formulation and filing of the meeting, the counterclaim, the request for a call in the guarantee or the introduction of a tertium in the process, as well as to propose new evidence. In the above cases, the meeting will be submitted within the deadlines provided in art. 4. Before the courts of peace, the defendant is not obliged to make the written encounter. Before urban courts, however, he is wanted to propose orally all the exceptions, the evidence and his means of defense on the first day of appearance. Mention of this will be made in the minutes of the meeting. Before the rural court, the defendant has this bond. + Article 10 The action that does not include the name and pronouns of the complainant and the defendant its object, as well as the signature will be declared void, without being able to give a deadline for completion. + Article 11 The counterclaim, the call in guarantee and the introduction of a tertium in the process, which will not be made within the deadline shown in art. 8 and 9, will be judged separately, except when both parties agree to judge together. + Article 12 The exceptions of the process, which will not have been proposed by meeting or at the time allowed, according to art. 9, will no longer be able to be raised in the course of the trial, except those of public order. Samples that will not have been required under the conditions of art. 6 6 and 9, will no longer be able to be invoked in the course of the court, except the cases: a) When the required sample is the oath; b) When the necessity of proof would be repressed from debauchery and the party could not foresee it c) When the administration of the sample does not cause the trial In the case of postponement, the party is obliged, under penalty of forfeiture, to file, at least 3 days before the deadline fixed for trial, copies of the documents invoked, certified for compliance. In the case referred to in paragraph b, the opposing party shall be entitled to the challenge only on that point and on condition that it invoke it at the same meeting. + Article 13 On the first day of appearance, the parties will propose, under penalty of decay, all the exceptions of form and background, which have to be raised in question. The court will settle these exceptions in advance, as well as those proposed in writing by the missing party. They cannot be united with the fund except the exceptions whose resolution requires evidence administrations or are closely related to the substance of the process. It will also be solved in advance, the questions of law, which make unnecessary in everything or in part the administration of evidence. The evidence will be required by the parties before the debauchery begins on the fund, under penalty of decay. The evidence with witnesses and expertise, can only be agreed after the court has examined their conclusively, except in cases where there would be danger of them being lost by delay. It is counted as the first day of appearance, the one in which the parties, legally quoted, can put conclusions. + Article 14 The party that filed an act written in certified copy, is obliged to have on it at the meeting, the original of the act or to file it before in the preservation of the graft, under the sanction of not taking into account the act. If the opposing party cannot make the confrontation of the copy with the original presented at the meeting, the judges will be able to grant in short term for this purpose, obliging the one who produced the act to submit it in original, in a timely manner, in keeping the graft. + Article 15 When the accuracy of the translation in Romanian or the Latin letter transcription is found, made according to art. 1, the judges, appreciating, will be able to order the translation or transcription of the act by an authorized translator, according to the provisions of the regulation of 18 Octomvrie 1925. The defendant will make this request by welcoming, and the plaintiff to the first term of appearance. + Article 16 When a local application, expertise or evidence has been admitted with the witness, the proposing party is obliged, within 5 days of admission to submit the tax to the subpoenas, as well as the amount fixed by the court, for research expenses, transport or compensation of witnesses or expert's fee. When the parties were approved according to the provisions of art. 12, letter b, the above term may be extended by the judge up to 10 days. The unsatisfaction of these bonds attracts the decay from the approved evidence for that court. The forfeiture in the sample as witnesses for the lack of citation shall be covered if they present themselves at the time fixed for their hearing, proving their identity with papers. The replacement of witnesses proposed by action or welcome will only be admitted in case of death, disappearance or well-founded reasons. In this case the list of witnesses will be submitted, under penalty of decay within 5 days of admission. Against the evidence with witnesses will be requested under the sanction of decay, in the same meeting in which the test was also requested, if both parties are present. The sample and the counterapproval will be administered as far as possible. The court, under circumstances, will be able to limit the number of proposed witnesses. When the court accepts the expertise required by one of the parties, it will determine the points on which the experts have to rule. The counterexpertise will be required at the latest at the first deadline after the submission of the report. The court will approve the counterexpertise as well as summoning the expert for explanations only if the request is well justified. + Article 17 The appointed expert is obliged, under the sanction provided by law, to submit his report at least 10 days before the deadline set for trial. In urgent matters, the term can be reduced by the court. He will be obliged to appear to give explanations whenever he will be asked by the court, but having the right to seek compensation for this appearance. The court will rule on this request by a final and enforceable conclusion, according to art. 51. + Article 18 The party against which the fall from the right to administer a sample has ruled, will still be able to defend itself, in fact also discussing in law the merits of the supporters and also the evidence of the opposing party. + Article 19 When the party invents that her opponent holds a probative act regarding the trial, the court can order the appearance of the act. The request for appearance cannot be rejected if the act is common to the parties in the process, if the opponent himself referred in the process to this act or if after him he is obliged to produce or depict the act. + Article 20 The court may reject the application for appearance of the act in full, or in part in the cases: a) When the content of the act refers to strictly personal matters; b) When the appearance of the act would violate the duty of secrecy; d) When the appearance would attract prosecution against a party or a tertium, or it would expose it to the public opprobrium; d) When it is proved that reasons all so well justified the refusal to depict the act. + Article 21 If the party refuses to respond to the interrogator or to take the oath that was brought to him in proving the possession or the existence of the act if it appears from the evidence administered that he hid the act or destroyed it or if, after the holding had been proven the act, does not comply with the provision taken by the court, to depict that act, the court will be able to consider as proven the claims made by the party that asked for the appearance on the content of that act. + Article 22 If the act is found in the preservation of a public authority, the court will take measures, after request or ex officio, to bring the act, being able to pronounce on the contrary to the head of the authority, in case of refusal, unjustified, If the act is in the possession of a tertium, it will be able to be quoted as a witness, putting it in mind to bring the document to court, under penalty of damages to the cominators. The third is entitled to refuse to bring the act in the cases provided by art. 20. + Article 23 The appearance and bringing of the act is at the expense of the party who asked for the In this case, the court fixes the amount of payment by a final and enforceable conclusion, according to art. 51. + Article 24 The judges are entitled to ask questions of the parties in the form of interrogator, to explain the unsettled points of the process. They will be able to put ex officio in dissolving the parties any issues that lead to the resolution of the trial and order, in the margins of the legal provisions for evidence, all measures that may clarify the + Article 25 The court, when he sees fit, may delegate a judge for the administration of the evidence. In this case the citation of the parties will also be possible in the council chamber. The President or the peace judge will be able to fix at the meeting the day and time when the parties will appear before the delegated judge, giving them the term in their knowledge, according to 50 50, which shall also apply before the delegated judge. When the administration of evidence is to be done in another locality it will be carried out by rogatory commission to courts of equal or even lower degree in degree, if in that locality there is no court of the same degree. If the nature of the sample permits or the consenting parties, the court conducting the test, may be dispensed by the summoning of the + Article 26 The party who resides abroad and who is represented in the process by a trustee, will be able to be questioned by the trustee. In this case, the questioning will be communicated in writing to the trustee, who will file the party's response by special and authentic proxy. If the trustee is a lawyer, it is sufficient special power of attorney and certified by him. + Article 27 The court may consent to the taking of the interrogator at home, if the party justifies preventing it from appearing before the court. + Article 28 If neither party shows up to trial, the case will be adjourned. However the trial is adjudicated on whether the plaintiff or the defendant asked in writing for the trial in absentia. + Article 29 If at any time fixed for the judgment only one of the parties is presented, the court after examining all the works in the file and listening to the oral conclusions of the present party, will rule on the basis of the evidence administered, being able to admit the exceptions, the evidence administered and the very substantive defences of the absent party, if they find them well-founded. + Article 30 For lack of defense, the court will be able to grant one term. When the court refuses to postpone the judgment for this reason it will postpone, at the request of the party, the ruling in order to submit written conclusions + Article 31 The processes in which the procedure is fulfilled and which cannot be judged due to the hours submitted, will be postponed, at the request of one of the parties, to a short term, for when the parties will no longer be quoted. These trials will be adjudicated in particular. + Chapter 4 Participation of third parties in + Article 32 The call under warranty, the indication of the author and the intervention, will have to meet the requirements shown in art. 1 and 3, under the sanction provided by art. 10. The call in guarantee and the indication of the author must be formulated in the conditions provided by art. 8 8 and 11 of this law. The main intervention can be made only before the first court and before the closing of the debaucher The accessory intervention can be made throughout the process and even before the appeal court, the intervener taking the process in the state in which it is found at the time of the intervention. The discussion of the admissibility in principle of these requests will be made at the meeting in which it was introduced and, in case of admission, the provisions of art. 4. + Article 33 If it was agreed that the request for a call for a guarantee would be judged with the main action, the request will be communicated to the call in guarantee and it will submit the meeting according to the norms provided by art. 4. + Chapter 5 About Call + Article 34 The term of appeal against the sentences of the tribunal is 15 days in contentious and graceful, civil and commercial matters, even in the case when by laws or special provisions it is otherwise provided. The term flows from communication. In contrast to the court books the appeal deadline is 10 days and flows for the parties present at the debaucheres on the day of the delivery, and for the missing ones on the day of communication The communication of the decision made with the execution notice is also valid for the running of the appeal deadline. If a party declares appeal before the decision is communicated, it is no longer necessary to communicate. The caller, however, will be able to inside the call deadline shown above and counted from the date of the introduction of the call, to declare a new appeal. + Article 35 The call for appeal shall include: a) Name, pronouns, domicile or residence of the caller and the intimate; b) Showing the decision that appeals; c) The factual and legal reasons on which the appeal is based; d) The means and the evidence they invoke in support of the call; e) Signature. The call signed by a person without quality will be ratified within the appeal deadline. When the sample consists in unburned acts at the first instance, the caller will comply with the provisions of art. 1. + Article 36 The request for appeal is made in so many copies how many intimates are, more a copy signed by the caller for the court. The appeal shall be filed with the registry of the court whose decision is appealed, under the penalty of nullity. The president of this court, after the drafting of the decision and the expiry of the appeal period for all parties, shall submit to the appellate court the file together with all the declared appeals that will be distributed, all, to the + Article 37 The president of the appeal court, as soon as he receives the file, will fix the term of appearance according to the provisions of 4 and order you to subpoena the parties At the same time it will order to communicate to the intimate, with the citation, a copy of the call request, together with the copies of the adjoining documents and which will not have been presented at the first instance, with the written invitation to file his meeting according to the norms provided in art. 4. If more intimates have a single representative or a joint procurator, or if one of them has several legal qualities, a single copy of the call and documents will be communicated to him and a single citation will be issued. + Article 38 When against the same decision were introduced several appeals distributed to different sections, based on the proof produced by those interested, or at the request of the president of the section first noticed, the president of the section later notified, will order sending the call to the section before the referral. For this purpose the part will make the request in due course. If the appeal is in a state of judgment, the court may reject the request for postponement for connection, when it finds lack of interest or when the other calls have remained in non-working. + Article 39 The caller, who did not meet the requirements of art. 35 will be able to complete or modify his appeal at the latest on the eve of the day of appearance, under penalty of nullity. In this case the intimate will be in law to ask for communication and to be given a term within which to submit in the file his written welcome, to invoke his exceptions, means and evidence in defence. The court will apply in this case to the caller the provisions of art. 51, unless the caller justifies that he was forced to make the appeal before the communication of the decision appealed. + Article 40 The parties will not be able to serve before the court of appeal of other reasons, means or evidence than those invoked at the first instance or shown in appeal and welcome outside the case provided for in art. 13. + Article 41 Provisions of art. 5 5-7 and art. 14-31 14-31, shall apply accordingly and in the appellate court. + Article 42 The intimation is in law, even after the expiry of the term in which he could declare appeal, to adhere to the main appeal made by the opposing party by his own appeal, which would tend to reform the decision of the first court. The accession to the appeal shall be made by welcoming or at the first appearance before the appellate court in the forms provided for in appeal to the above articles. If the principal caller withdraws his appeal at the latest on the first day of appearance or if his appeal is rejected as late, inadmissible or for other reasons not involving the research of the fund, the appeal shall be rejected. This provision shall not apply if the accession has been made within the time limit of appeal. + Chapter 6 About appeal + Article 43 The term of appeal against the court books is 5 days, in any matter, even in the case when by laws or special provisions other deadlines are provided. The term of appeal against the court's rulings, when the appeal is within the jurisdiction of the Court of Appeal, is 15 days from communication. + Article 44 The court books will be subject to appeal to the court for excess of power, incompetence, violation of law, essential issue and misrepresentation of acts. The Omission may consist or in the non-pronouncement of the judge on any means of defense invoked by the party or in the non-invocation of judge of any means of defense that reesea from the facts of the The appeal is not suspensive of execution. The suspension of execution can be granted in the conditions provided by the law for the High Court of Cassation and Justice. The reasons for the appeal will be shown, under penalty of nullity, by the petition of appeal or by a separate memo that will be submitted to the case file at least 5 days before the first day of appearance to which the parties are legally quoted. The memo will include a summary statement of the casing grounds invoked. The above provisions also apply to the court books delivered by the labor courts. The term of appeal flows for the parties present at the debaucheres on the day of delivery, and for the missing ones on the day The communication of the decision made with the summons of execution is also valid for the court of appeal. If the tribunal finds the grounds for appeal, it shall invoke the whole business which it judges in its first or last resort by the rules of its jurisdiction The appeal is declared, under the penalty of nullity, at the graft of the court that ruled the decision. The appeal declaration is made in the same way as the beginner court application. + Article 45 Appeals against decisions of courts that are given in the jurisdiction of the High Court of Cassation and of the Courts of Appeal shall be introduced and judged by the law for the High Court of Cassation and Justice. The communication made with the execution notice is also valid for the court of appeal. + Chapter 7 Common provisions + Article 46 The court books, the sentences, the tribunal and the decisions of the Courts of Appeal rule without right of opposition. If the pronounced decision is subject only to the appeal and the party was unable to appear at the day of the judgment, it will have open the appeal within 10 days from the time of termination of the trip, if it has not declared an appeal. + Article 47 The roll call at the beginning of the sedentary The parties may ask the court, at the beginning of the hearing, to postpone the trials that are not in a state of judgment and when these requests do not give way to speeches This postponement can also be made by a single judge. + Article 48 The presence of the parties in court, in person or through the trustee, covers any procedural defects regarding the knowledge of the term of appearance, if however the term granted by law for citation has been respected. The party present in the court may not refuse to receive the procedural documents when it is communicated to him in In this case the court may grant, upon request, a term to become aware of the acts. + Article 49 The change of domicile of one of the parties during the course of the trial must, under penalty of not being taken into account, be notified to the court by petition on file, and the opposing party by a registered letter, whose delivery receipt to the post will be file at once with the petition notifying the court the change of domicile. + Article 50 The party that was present at the appearance in person or by the procurator, vested or not with the right to know the term, will no longer be cited throughout the court, being presumed to know the subsequent deadlines, even if he were absent. This rule shall not apply to: a) In case of reopening the process after being suspended or postponed without term; b) In case of fixation of a term for questioning or rendering of the oath. + Article 51 The party that in any way has occasioned the postponement of the process, will be obliged, at the request of the opposing party, to pay him an indemnity in relation to the The court shall rule, after hearing the parties, a final and enforceable conclusion, which shall be carried out in accordance with the procedural rules relating to the pursuit of the forced pursuit. This compensation is not returned in any case, even if the party that obtained it loses the process. If the conclusion was not executed during the trial, the interested party will be able to request that the compensation be taken into account in the calculation of the sentence of the decision. + Article 52 The postponement of the process at the request of the parties by mutual agreement cannot be agreed more than three times in the course of the court. After three delays in agreement, the process, if the parties do not arouse in judgment, will be suspended and can only be reopened after the payment of half of the introductory fees from the first instance, and, if these taxes are lower than those provided by the stamp law, after the payment of the taxes in this law. The court is obliged to examine and decide whether a postponement for a determined reason, required with the consent of the other party, does not constitute a postponement by mutual agreement. It is considered as such any request for postponement to which the opposing party could oppose, either under this law or under other special laws or provisions. In this case it will be passed in the end of that day that the postponement of the agreement was agreed. The joint deferrals are subject to the taxes provided by the stamp law. + Article 53 If the judgment has been suspended or the case has been removed from the role due to the non-submission of the parties, it will not be able to be reopened until after the payment of the taxes provided by art. 6 6 and 9, letter b, of the stamp law, unless the parties are found in the situation provided by art. 52, para. 2. + Article 54 If the defendant recognizes a part of the applicant's claims, the court, at his request, will be able to give a partial decision in this regard. + Article 55 The decisions of the first court are executors of law: a) In the case of the previous article; b) For putting or lifting the seals or making the inventory; c) For speedy repairs; d) For payment of salaries; e) For compensation granted in the event of accidents at work; f) For annuities, pensions or food aid; g) In matters of possessing shares, only in respect of possession; h) In any other cases where the law provides that the decision is enforceable. The court may grant the provisional execution ordecateors will appreciate that the measure is necessary in relation to the manifest merits of the right, with the insolvency status of the debtor or that there is manifest danger in delay. The lender will be subject to bail. The request for provisional execution will also be possible oral in court until the closing of the debaucherers. If the application was rejected by the first instance, it can be repeated in the course of the appeal court. + Article 56 The request for the suspension of the provisional execution ordered by the first instance will be able to be made either with the call or separately throughout the appeal court. The application will be filed at the first instance, or at the appellate court and will be joined in certified copy the device of the decision. The request for suspension will be tried by the appellate court, which will urgently ask for the first court case. The suspension can be granted with or without bail. The suspension can be provisionally granted until the request for suspension is resolved, by presidential order, according to art. 67 of this law, just before the file arrives. + Article 57 Judges may not reduce stamp expenses, fees, attorney's fees, witness allowance, as well as any other expenses, which the party that has earned the win will prove to have made them in the process. The judges, however, have the right to increase or decrease the lawyers ' fees in relation to those provided in the paintings of the minimum fees prepared by the Union of Lawyers, approved by the Ministry of Justice and published in the Official Gazette, will find that they are disproportionately small or large, in relation to the value of the process or the activity carried out by the lawyer + Article 58 All the deadlines provided for in the present law are considered on days off, that is, the day is not counted when it started, nor the day when the term ends. + Article 59 Against the witness or expert who is missing at the first citation, the court will issue, warrant for bringing. In the urgent business the court can order the witnesses to be brought to the first term Against the expert who received the commission, but did not submit the report within, causing the postponement, the court will be able to pronounce the conviction to pay the compensation provided by art. 51 after the procedure of art. 61. If after the issuance of two warrants of bringing the witness does not appear, the court, appreciating the circumstances, will be able to proceed to trial. The court may approve the hearing of the witness at home, when he is in physical impossibility to appear in court. + Article 60 The delivery and communication of procedural documents will be made through the administrative bodies, according to the competence provided for in the organization laws, through the Port Body or by post. + Article 61 The porters and all the judicial and administrative officials charged with the law with the performance or communication of the procedural acts, whose fault was occasioned the postponement of the trial, will be condemned by the court by an enforceable conclusion to the payment of a fine of 500-5,000 lei and the compensation of the injured party. The convicted thus has the right to present to the court a reasoned petition for the exemption or reduction of the fine or compensation. He will be quoted as a matter of urgency, together with the prejudiced party, to which the compensation was granted, in the Board and the court, after listening to the explanations given, it will be pronounced by final conclusion. The citation will be done through graft and is exempt from stamps and other taxes. The fine will be executed according to the tax procedure code, and the compensation granted to the injured party is intended according to art. 51. + Article 62 Incompetence by value, the incompetence of civil sections for commercial and commercial processes for civil trials, with the exception of appeals to the High Court of Cassation and Justice, incompetence after person and place, are not of order public. This incompetence will be proposed in the conditions of art. 111 bis of civil procedure. The wrong party or intentionally brought the action or remedy to an incompetent court in the above cases, or, concealing the character of the action or the remedy, made to be apportioned to an incompetence court or section, shall not could demand declination of competence. The incompetence of the matter is public order, it can also rise before the Court of Cassation, in any state of the trial and even ex officio. The court incompetence after the matter will dismiss the action or the remedy as evil directed. + Article 63 In the case of declination of jurisdiction or of the recast of a decision for incompetence, the evidence administered in the court of incompetence shall remain the case and the competent court shall not have their repetition unless there are grounds for thorough reasons therefor. purpose. + Chapter 8 Special provisions + Article 64 Perimation in the conditions provided by art. 257 civil procedure, fully functioning right. After the expiry of the time limit, any act of procedure remains inoperative. The area may be found at the request of the party concerned or of the It can also be proposed by way of exception. The perimation also operates in the processes in which the procedure is carried out ex officio, if it has not been aroused in fixing the term + Article 65 The president or the peace judge receiving the request or finding ex officio the perimeter, will order the emergency citation of the parties and will order the graft to draw up a written reference on the factual situation of all the procedural acts of the The perimeter is required. At the day of the appearance, the court, after listening to the parties, will rule on the request for the perimation. The decision shall be ruled only with the right of appeal. The term of appeal flows in all cases from the ruling. + Article 66 If the creditor has allowed to pass 6 months from the date of performance of any act of execution, without following other acts of prosecution, the execution shall be fully perishable right and any interested party may request its abolition. In case of suspension of execution, the term of perimation flows from the cessation of suspension If a new enforcement request is made, it will be preceded by a new injunction, to which the title that is executed no longer needs to be joined. + Article 67 The peace judge, the president of the tribunal, the president of the Court of Appeal or their substitutes will be able to order provisional measures, in hurried cases, for the preservation of a right that would be damaged by delay, in order to avoid imminent damage and irreparable, as well as for the removal of the obstacles that would arise on the occasion of bringing to fruition an enforceable title. The order will be given, after appreciation, with the citation or without citing the parties, to the judges the summoning of the parties is mandatory The aid of the judge and the alternate cannot pronounce such an order. The president or the peace judge does not have the fall to make such a consent when the very court of which he is a member would not be competent. The ordinance can be given even when there is a trial on the right fund The ordinance has a temporal character and is enforceable by itself. The president or the peace judge will decide whether the execution must be preceded by the injunction and whether any time should be passed. + Article 68 The order is subject to the appeal within 5 days from the ruling, if it was given with the citation of the parties and from the communication, if it was given without their citation. The orders of the peace judge shall be subject to appeal or appeal as the substance of the law is his or her first and last resort. The appeal and appeal is adjudicated by the emergency court. The orders of the President of the Court of Appeal or the Court of Appeal shall be appealed to the Court or to the Court of The execution may be suspended until the appeal is adjudicate, with bail. The deadline for appeal will be 5 days from the ruling for those present and from communication for the missing. Appeal and appeal are adjudicated urgently in the Board Room, with the citation of the parties. + Article 69 The amounts made from the pursuit of the debtor's estate by way of sale, attachment, income tracking, real estate tracking, will be distributed among court creditors who carried out the prosecution with the citation of the parties in the Board Chamber, printr'o End of call Procedure for distributing the price, provided in art. 451-454 of the civil procedure and the institution of the Commissioner, provided in art. 578-583 of the civil procedure, shall be abolished. + Article 70 Adjudication Ordinance, given according to art. 558 of the civil procedure, will include in summary, the final adjudication journal, the individualization of the adjudicated property, the name of the former owner and the adjudicatory and the mention of the payment of the price in full, of the port, stamp and registration. + Article 71 The request for separation is the jurisdiction of the court of the last common home of spouses. If the spouses did not have a common domicile, the competent court is that of the defendant's domicile, and when the defendant is not domiciled in the country, the court of the applicant's domicile + Article 72 If one of the spouses wants to introduce parting action after receiving the copy from the action of the other spouse, he is obliged, under penalty of decay, to introduce his action until the conclusion of the debauchery in the first action. The action will be introduced directly to the section notified with the first action, as a counterclaim. If the causes of the separation arose after the ruling and while the judgment on the first action is on appeal, the counterclaim will be brought directly to the section notified with the trial of the appeal. The non-introduction of the action within the deadlines shown in the preceding paragraphs, draws the decay from the right to ask for separation, except when the first action of the other spouse was rejected and the causes of the separation were born later. The Tribunal may pronounce partition in favour of both spouses, even if only one of them brought action, when the evidence administered results in the fault of both. Applications for alimony, if the partition is pending in court, will be entered in the same section. + Article 73 The request for separation will include, in addition to the requirements of form, provided for the application for appeal, the names of children born of marriage or who have the legal condition of legitimate children of spouses or recognized. An extract of marriage and a child's birth extract will be joined on request. If there are no children will be made mention of it. + Article 74 The president of the tribunal will be able to take, even before the first day of appearance, provisional measures by way of presidential order, with regard to the special residence of the spouses, to the custody of minor children during the judgment, as well as Food demand. These measures may change or revoke in the same way. + Article 75 Before the substantive courts, the parties will present themselves in person, outside only if one of the spouses carries out a custodial sentence, is placed under prohibition or domiciled abroad, when he will be able to present himself through special trustee. The defendant is not wanted to meet. He will be able to ask his evidence directly before the court. + Article 76 The president, receiving the action, orders the citation of the parties before him, at the day and the time that On the appointed day he will give to the spouses, if they present themselves, the councils that will find with way to try to reconcile. If the complainant is absent at the time limit, the process shall be If the reconciliation fails, or if the defendant does not present himself and the plaintiff starue in action, the president will fix the court term in public session. This term will not be possible to be shorter than 30 days, under disciplinary sanction. In the public session, the action is judged by common law. + Article 77 If at the time limit for judgment, only the defendant is presented, the action will be rejected as unsupported. The complainant's appeal against the sentence of rejection of actions will also be dismissed as unsupported if only the intimate is present at trial. The appeal of the defendant is also judged in its absence, if only the plaintiff is present. In matters of separation is not admitted to the test with interrogator and oath. The plaintiff can desist from action throughout the trial before the substantive courts, even if the defendant opposes it. The recourse in matters of separation is suspensive of execution. + Article 78 Art. 216-233, 235-240, 243-245 including civil code is repealed. + Chapter 9 Final provisions and transitors + Article 79 Art. 27, 31, 33, 34, 39 and 49 of the law for ocoal courts in the Old Kingdom, Bessarabia and Bucovina, art. 61, para. III the law on the cambia and the order ticket and art. 53, para. III the law on the cheque, is amended in the sense that the jurisdiction of these courts amounts up to the value of lei 50,000 including in the first and last instance, capital without percentages claimed, and up to the value of 300,000 lei including in the first instance, capital without percentages claimed. Article 30 of the law for ocoal judgments is amended in the sense that in the lawsuits filed either by common law or by the law of the owners, for the execution, cancellation or termination of tenancy or lease contracts, furnishings or real estate, as well as those for the isgonation of the tenant or tenant, their competence amounts in the first and last instance up to the housing value of 50,000 lei including annually, in which the heated and any benefit assessed in money, except right of appeal to the court, when the annual value of the contract, in which the heated and any The benefit assessed in money, except the countries, does not exceed the amount of 300,000 lei. In the action in which any amount of money is claimed, either with the title of rent or with the title of damages, deriving from the tenancy contracts, the jurisdiction of the court is determined by the value of the application, and not the contract. + Article 80 The sole article of the law of August 4, 1921, regarding the competence of the courts of Transylvania (Transylvania) is amended in the sense that the competence of these courts is increased as follows: the amounts provided for in the 11 paragraphs of the The law, which represents the limits of value on competence, will be counted in the future, multiplied by 30, out of the amount shown in art. 476, para. 2 civil procedure, which is increased to 50,000 lei capital without percentages complained about. + Article 81 Special provisions of the law No. 224 of April 6, 1943, for the regulation of relations between owners and tenant, shall be maintained. + Article 82 In the Old Kingdom, Bessarabia and Bucovina, are the competence of the guardianships whose patrimony to manage does not pass the value of 500,000 lei. + Article 83 The trials pending at the courts that at the promulgation of the present law, by the effect of its provisions would become the jurisdiction of the courts, will continue to be judged by the courts in the first instance. The tuteles become the jurisdiction of the court will be immediately sent to the competent courts. + Article 84 The present law forms the common law procedure in civil and commercial matters of a contentious nature before the courts, courts and courts of Appeal. The judges do not, however, apply the provisions of art. 1, 3, 4, 5, 6, 7, 8, 9 and 11. + Article 85 All acts of procedure approved and fulfilled before the implementation of this law will produce their effect. Those not yet fulfilled before any court and in any case, will be fulfilled by the provisions of the present law. + Article 86 The decisions rendered before the implementation of the present law remain subject to the remedies and the time limits provided by law under which they were pronounced. The way of calculating the deadlines remains the one provided by that law. The decisions rendered after the implementation of the present law remain subject to the remedies and deadlines provided for by this law. + Article 87 The appeals against the final sentences of the courts given in the competence of the courts of appeal of Arad-Oradea, Brasov, Sibiu-Cluj, and Timisoara, through the procedural laws, in force in those constituencies, will continue to be tried by those Courts, until the full unification of the procedural laws on jurisdiction and remedies. These appeals will be investigated and judged in everything by the procedural rules laid down in the law for the Court of Cassation and Justice. Appeals against books in Transylvania and Banat are judged by the present procedure. + Article 88 The lawsuits, having fulfilled the term of perimation at the date of the promulgation of the present law, will not be able to be obsolete ex officio or on the way of exception before the passage of two months from the implementation of this law. + Article 89 In the actions and appeals pending, the witness list may be filed under the law for expediting the judgments of July 11, 1929. + Article 90 The provisions of the law No. 609 of July 1, 1941, for exceptional measures applicable during the time the army is in a state of war, amended by law No. 894 of 8 Decemvrie 1942. + Article 91 From the date of implementation of the present law, the law for the acceleration of judgments of 11 July 1929 is repealed. All the provisions of the contrary in the procedures in force throughout the country shall also be repealed. However, the special procedural provisions, provided by laws, for certain subjects remain in force. These laws are completed with the provisions contained in the present law, which are not contrary to the special laws. + Article 92 The present law comes into force on 15 Septemvrie 1943. Given in Bucharest, on 22 June 1943. ANTONESCU Maresal of Romania and State Leader ---------------