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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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LEGE No. 603 of September 10, 1943 to simplify the procedure of judicial splits
ISSUER PARLIAMENT
Published in OFFICIAL GAZETTE NO. 212 of September 10, 1943



+ Article 1 The introduction and resolution of applications for the cessation of any state of indivision will follow after the procedure of the law for the acceleration of judgments, with the derogations provided for the fat. The present law does not apply to the dissolution and liquidation of companies. ----------- Note *) The law on speeding up judgments was repealed by Law no. 18 of 12 February 1948 (art. 4) with the Republic of the Code of Civil Procedure. + Article 2 When the individual results from the succession, the application will include the name of the deceased, the remaining wealth from it, including the goods subject to the report or the reduction, the name and the quality of those entitled to the succession and the share due to each, as well as the debts and claims of the comers to the deceased. When the individual results from other causes, it will show the wealth to be divided, the title on which the division and the interested parties are asked. + Article 3 If at the fixed term all those interested present themselves, they are capable and agree on the division, the court will decide according to the agreement between them. If among those interested are also incapable, the division can be done with good agreement, but in this case it is necessary to authorize the guardianship court. + Article 4 If those interested do not agree or if any of them are missing, the manner of division will be determined by the court. The court will grant the application in principle, by a conclusion which will ascertain the quality of the parties, the share of which is due, the goods subject to the division, the debts and the claims of the comers to the deceased and, if it has sufficient elements of appreciation, will decide whether the division will be made by drawing lots, by award or if the goods will be removed in sale. She will delegate a magistrate from her home for the execution of the division. This conclusion cannot be appealed or appealed only with the final decision on the division. If the court omitted to conclude by concluding the delegated judge or it will arise the need for his replacement, the appointment or replacement will be made by the president of the court. + Article 5 The judge or counsel delegated with the execution of the division will proceed to make the lots in the council chamber with the citation of the parties He will be able to appoint an expert for this purpose if the parties do not agree or if the expertise is necessary for the operation of the lots. + Article 6 The expert's report will show the foundations of the estimate, indicate whether the estimated object can be comod divided into nature and in what form will form the lots to be drawn or assigned. The expert will form the lots conforminating the provisions of art. 741 of the Civil Code. + Article 7 The inequality of lots given in nature is completed by money. + Article 8 On the basis of the criminal trial of the formation of the lots concluded by the judge or the delegated adviser, the court, with the citation of the parties, will proceed to the draw or award of the lots by a decision subject to appeal. + Article 9 The court, following the report of the delegated judge or the expert, if appointed expert, will decide by a conclusion that the goods which cannot be shared conveniently in nature nor assigned to one of the co-parties, be sold by good agreement. or, in case of misunderstanding, by public auction. The conclusion of removal for sale is subject to the appeal or appeal according to art. 16 and shall not be executed until it is final. + Article 10 The auction will start from the price fixed by the expert, and if this price will not be offered, the sale will be postponed to a close term, when the court that carries out the sale will be able to adjudicate the good even at a lower price. The third ones are obliged to deposit a guarantee of 10% of the price from which the auction begins. + Article 11 In the 8 days off after adjudication, anyone will be able to outbid, if they offer the tenth part above the price of the adjudication, complying with the provisions of art. 548, 549 and 550 C. proc. civ. + Article 12 The co-party auctioneer shall submit as a price the share due to the other co-parties, stamp duties and tax due to the tax office, as well as the taxes due to the porters *) until the latest 30 days off counted from the adjudication Final, under penalty of the return of the good to his account. + Article 13 The amounts resulting from the sale of the goods will be divided by the court in accordance with the provisions of + Article 14 Applications for judicial seizure appointments will be addressed directly to the court seised with the main action if it is tried at the first instance. If the judgment of the main action is on appeal or appeal, the applications will be distributed according to the common law. They will be judged urgently and especially. Intimation is not necessary in these requests. The decisions of the first court that call judicial seizure are enforceable. The seizure will preferably be called one of those interested in the split. + Article 15 The seizure is obliged to submit by April 1 and October 1 of each year the accounts of its management. The oppressions can only be granted with the invocation of all parties. The seizure which, after receiving the commission, does not comply with the above provisions, will be replaced. The clearance of accounts will be made by a delegated judge and they will be approved by the court in the council chamber with the citation of the parties. + Article 16 Repealed. + Article 17 The provisions of the present law shall be supplemented by common law provisions in so far as they are not contrary to this law. The provisions of the inheritance procedure in Transylvania remain in force, maintained by art. 5 5 and 17 of Law no. 389 389 of 22 June 1943 , for the extension of the civil and commercial legislation of the Old Kingdom in Romania over the Carpathians. + Article 18 This Law shall enter into force on 15 September 1943. --------------- Note *) In the new court organization there is no more port. The enforcement body in civil matters is the bailiff. -------------------------