Law No. 603 Of 10 September 1943 In Order To Simplify The Procedure Of Judicial Impartelilor

Original Language Title:  LEGE nr. 603 din 10 septembrie 1943 pentru simplificarea procedurii impartelilor judiciare

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LAW No. 603 of 10 September 1943 in order to simplify the procedure of judicial impartelilor the ISSUER published in PARLIAMENT OFFICIAL GAZETTE NR. 212 of 10 September 1943 Article 1 Introduction and settlement for any cessation of joint possession shall follow the procedure of the law for speeding judecaţilor, with derogations provided for by the law URfaţa.*) law of the face does not apply to the dissolution and liquidation of companies.
— — — — — — — — — — — *) Note Law for speeding judecaţilor was repealed by law No. 18 February 12 1948 (art. 4) together with the republication of the civil procedure code.

Article 2 When indiviziunea arise from the succession, the application shall include the name of the deceased, remaining wealth from it, including goods subject to report or reductiunii, the name and the quality of those entitled to the estate and the proper proportion of each, as well as the debts and claims against the defunct comostenitorilor.
When the indiviziunea result from other causes, it will look like the wealth of split, the title under which it demands conflict and other interested parties.

Article 3 If the term fixed all those interested are submitted, are able and are agreed on the Division of the Court will decide according to the understanding between them.
If you are among those interested in figuring and incapable, conflict can be done and with good învoiala, but in this case it is necessary to allow the Court of protection.

Article 4 If those concerned are not agreed or if any of them is missing, how conflict will be settled by the Court.
The Court shall admit the request in principle, by means of a discharge which will ascertain the quality of copartas parties, share what is appropriate, the goods subject to the Division, debts and claims against defunct and comostenitorilor, where it has sufficient discretion, will determine whether Brill will be made by drawing lots, by batches award or whether the goods will be on sale. She will appoint a magistrate or to execute from the Division of essence.
This conclusion cannot be attacked with the appeal or appeal than with the final decision over the Division.
If the Court failed to appoint Judge finish through delegation or will arise the need for his replacement, appointment or replacement will be made by the President of the Court.

Article 5 the judge or delegate Advisor with the Division of enforcement will proceed to making batches in the Chamber Council with summoning the parties. He will be able to call for that purpose an expert if the parties do not agree, or if the expertise is required for the operation of the creation of lots.

Article 6 expert report will show you the foundations of estimatiunii, will indicate whether the subject may be conveniently divided into estimated in nature and in which the chip will form the lots to be drawn by lots or assigned.
The expert will form the lots conformindu-is dispoziţiunilor art. 741 of the civil code.

Article 7 data batches in the nature of Inequality is supplemented by money.

Article 8 on the basis of the criminal formation of lots completed by the judge or court, delegate Advisor, summoning the parties will proceed to the drawing of lots, or assignment through a decision subject to appeal.

Article 9 the Court, following the report of the judge-delegate or expert, if the expert has been appointed, will decide through a discharge the goods which cannot be divided in nature nor assigned to one of the copartasi, to be sold by good învoiala or, in case of disagreement, by public auction.
The conclusion of the sale is subject to appeal or appeal under art. 16 and will not run than after will remain final.

Article 10 auction will start at the price fixed by an expert, and if this price will not be provided, the sale will be adjourned to a near term, when the Court carrying out the sale of the property will be able to hear even at a lower price.
Those of the third are obliged to deposit a guarantee of 10% of the starting price for the auction.

Article 11 In the eight days off after the award is made, anyone will be able to outbid, if offers a tenth over the price of award, the provisions of article conformindu-se. 548, 549 and 550 C. civ. proc.

Article 12 Adjudecatorul copartas will make the share price right due to the other copartasi, stamp taxes and income tax in proportion to the revenue, as well as proper fees portareilor *) by latest 30 days counted from the definitive award, under penalty of the account or asset resale;.

Article 13 proceeds from sale of assets will be divided by the Court in accordance with the provisions of article 8 thereof.

Article 14 Requests for appointments of judicial seizure will address directly the appellate court action if it is main judge at first instance. If the main action is in judgment call or appeal requests shall be divided in accordance with the common law.
They will judge the urgency and in particular.
Reception is not necessary in those applications.
The decisions of the first instance which called the seizure the judiciary are enforceable.
The seizure will be appointed preferably one of those interested in the conflict.

Article 15 Seizure shall be obliged to submit by April 1 and October 1 of each year, the management of its accounts. Pasuirile cannot be granted to all parties than with his consent.
Seizure which, after receiving the assignment, does not comply with the above provisions are correctly, will be replaced.
Checking accounts will be made a judge delegate and will be approved by the Court in the Council Chamber with the attendance of the parties.

Article 16 Repealed.

Article 17 the provisions of the law shall be supplemented by provisions face common law insofar as they are not contrary to this Act.
Remain in force provisions of the inheritance procedure, maintained by art. 5 and 17 of law No. 389 of 22 June 1943, to extend civil and commercial legislation of the old Kingdom in Romania over Transylvania.

Article 18 this law shall enter into force on 15 September 1943.
— — — — — — — — — — — — — — — * Note) in the new judiciary no longer exists portarei. The civil enforcement is the bailiff.