Law No. 176 Of 28 March 1944 On The Modification Of Dispoziţiuni Of The Law Nr. In 1941, 609 For Exceptional Measures Applicable During The Cat's Army Was In A State Of War

Original Language Title:  LEGE nr. 176 din 28 martie 1944 pentru modificarea unor dispoziţiuni din Legea nr. 609 din 1941, pentru măsurile excepţionale aplicabile în timpul cat armata se afla în stare de război

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Law No. 176 of 28 March 1944 on the modification of dispoziţiuni of the law nr. in 1941, 609 for exceptional measures applicable during the cat's army was in a State of war published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 75 of 29 March 1944 on the report of Mr. Minister Secretary of State at the Department of Justice with Nr. 41,722 in 1944, based on the dispoziţiunilor decrees-laws No. 3,052 of September 5 and no. 7 September 1940 3,072, I decreed and Decree-Law decretam the following: sole article Dispoziţiunile of the law No. 609 in 1941, for exceptional measures applicable during the cat's army was in a State of war , amend as follows: articles 5 and 31, and chapters III and IV shall be replaced by the following: Art. 5.-If the mobilizatul is himself the tutor, curator or caretaker Council, the Court will appoint a tutor, curator or temporary caretaker Council incapabilului. When the law requires the consent of the family Council, it will be replaced with the authorization of the Court or the Court of protection.
If mobilizatul is the curator himself, or the Judicial Council, emancipated minor or person under judicial Council, will work only with valid authorization of the Tribunal.
The courts will release at their discretion, persons whose situaţiune material would become precarious because of mobilization, a moderate amount, of dotal or at incapabililor which belongs to the keeping of the Tribunal or elsewhere, whatever the very top of the document or application, dotal for family maintenance.
Art. 31. Dispoziţiunile-articles 5 and 23 to 36 inclusive, of this Act, shall be extended for the benefit of all persons, natural or legal, who are domiciled or established in territories that are in the area of operations or the territories suffering from acts of war, whether these people are remaining in those territories, whether they are discharged voluntarily or at the behest of the authorities, and even if it is part of the categories provided for in art. 25 points a to d inclusive.
Also, these dispoziţiuni also benefit those whose action shall be instituted against the persons residing in such a place, or is subject to the jurisdiction of a court which is located there.
The expansion will be done by the journal of the Council of Ministers, on a proposal from the Ministry of Justice.

Chapter III: Dispoziţiuni in the field of judiciary and administrative Art. 37.-the Minister of Justice will be able to dispose, by decision: a) courts, Moving residence of any degree, in another commune or in another constituency.

In this case, no process can not be judged until the parties will not be matched through citatiuni, you will indicate your new residence;

(b) the territorial competence of Magnification) of the courts of any degree;

c) temporary suspension of activity of some of the instances, or some of the sections of the courts and increase the scope of sections whose operation was maintained;

(d) temporary Restriction of activity).

In this case, solving the causes which do not fall under such restricted activity, will give a court jurisdiction.
Deciziunile data under this article produce their publication in effect dela Gazette.
Art. 38.-the Minister of Justice will be able to take the following measures in respect of the staffs: a Delegation from the presence of magistrates courts) whose activity is temporarily suspended, the other instances of equal degree, notwithstanding dela dispoziţiunile art. 20, paragraph 1. 2, art. 37, 38, para. final, art. 48, para. 2 and 3, art. 70, para. 2 and art. 345 of the Act for judicial organization.

You can make both delegari courts, Prosecutor's offices, and the independent function on the magistrate.
Delegates will be assigned to judges-sections and training practices, the head of the Court, according to the needs of the service. The delegation is done without payment of the daily allowance.

(b) Delegation to other instances) or, portareilor, judicial officials and administrative personnel, service, judicial courts and services Dale, whose work is temporarily suspended.

Portăreii, judicial and administrative officials and service personnel will be assigned by the heads of the courts who are delegates, after the needs of the service. The delegation will be made without payment of the daily allowance;

c) Delegating magistrates in the Justice Ministry, by way of derogation from the rock dispoziţiunile art. 153, para. 6 and 7 of the law on judicial organization;

d) Delegating judicial inspectors to function in other constituencies than those of the courts of appeal, where they are;

e) granting leave in excess of those provided for in art. 175, para. 1 and art. 232, para. 1, of the law on judicial organization and for reasons other than those referred to in article 1. 175, para. 2, of the same law.

Leave time granted in the rigid conditions of the preceding paragraph, shall be calculated as the time for the calculation of the pension, if the Court is suspended;

(f) the Delegation of a single judge), to drive two or more Justices of the peace, close to the same county or between two neighboring counties. In this case, the judge will order from time display deciziunii, concerning the days on which will be located at each of the judges. The display will be done both at the seat of the Court and the Mayor's Office said.

g) Authorisation to reside and magistrates in another locality than that where the seat of the Court.

Art. 39.-public Advocates of litigation services of which from the State, and its writing at courts of law whose activity has been suspended, and those of services, from the rock may be delegated by the Minister of Justice, notwithstanding dela dispoziţiunile art. 40 of the law on the Organization of the Corps of lawyers, any contentious service of the State without payment of the daily allowance.
Under the same conditions, can be delegated administrative officials from the disputed State services, both reside in the courts whose activity has been suspended.
Art. 40. the Minister of Justice will be able to decide, by year: (a) extension of the time-limits laid down in) art. 311 of the Act for judicial organization;

b Changing data for submission) and transfer of judges provided for in art. 131 of the law for the judicial organisation;

c) Authorizing public notaries whose activity is interrupted because of the events of the war, to work temporarily in other localities.

Art. 41.-When the courts cannot complete with justices of the peace, will be able to judge with one judge, causes the data within their jurisdiction in the first instance.

Chapter IV: final Dispoziţiuni Art. 42.-State of war shall cease, in the meaning of the law, from the date of the Decree face for passing on an army of peace.
Art. 43.-the Ministry of Justice is authorized to publish again the text of law No 609 of 1941, with all amendments.

Marshal ANTONESCU of Romania and leader of the State Minister of Justice, John c.-— — — — — — —