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Law No. 358 Of 3 July 1944 For Authentication And Legalization Of Documents, With The Definite Date For The Swearing In And The Children's Documents To Legalization

Original Language Title:  LEGE nr. 358 din 3 iulie 1944 pentru autentificarea şi legalizarea înscrisurilor, pentru învestirea cu dată certă şi legalizarea copiilor de pe înscrisuri

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LEGE no. 358 358 of 3 July 1944 for the authentication and legalization of documents, for the investiture with the definite date and the legalization of children on the documents
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 152 152 of 3 July 1944



Decree No. 1.243 of 29 June 1944 . General provisions + Article 1 Authentication and legalization of documents, investing with the definite date and legalization of children on the documents will be done after the procedure provided by the present law. + Title I Authentication + Chapter I Competence to authenticate + Article 2 Courts are competent to authenticate documents, whatever the nature and value of legal acts that find, between any persons and regardless of their domicile or residence. + Article 3 The courts of peace, established outside the commune of residence of the tribunal, are competent to authenticate: a) Registration for real estate rights, if the property is located in their constituency, regardless of the nature and value of the legal acts that ascertain or domicile or residence of the parties; b) Entries finding donations and matrimonial contracts not included in the previous paragraph, as well as any legal acts of a patrimonial nature, of any value, in which at least one of the parties has domicile or residence in the constituency of that court. The domicile or residence of the parties in the district of the court will be found by the personal acquaintance of the magistrate, by identity documents of the parties, by certificates issued for this purpose by the public authorities or by the who drafted the act; c) Entries ascertaining wills and declarations relating to wills, proxies, declarations and documents of any kind of non-patrimonial nature, regardless of the domicile or residence of the parties; d) Entries finding contracts of any value, concluded in fairs or fairgrounds that are held in their constituency, regardless of the domicile or residence of the parties; e) Entries whose authentication is given by special laws to the courts of peace. + Article 4 The jurisdiction of authentication of the peace courts that are based in the city of residence of the tribunal shall be limited only to the documents shown in art. 3, lit. c, d and e. Judges from rural and mixed courts will be able to authenticate, at the town halls of rural communes located at a distance of more than 15 km from the commune of residence of the court, all the documents provided by art. 3. + Article 5 The authentication formalities shall be carried out by a single magistrate, who shall be assisted by the Registrar or his deputy. At the peace courts and the undivided courts the authentication can be done by any of the magistrates of these courts; at the courts divided into several wards, the authentication will be done by the magistrates of the section I-a, and at the courts with Special section of notariat, of magistrates of this section. + Chapter II Authentication procedure + Article 6 Entries whose authentication is required and their annexes of any kind shall be drawn up at least in two identical copies. When more than two copies are drawn up, mention will be made at the end of the registration of the number of the original specimens and the names of the parties to which they are issued. The documents will be able to be written by hand, by car or printed in any way in total or only in part and completed by hand or by car. In all cases, the documents will have to be written in Romanian and with Latin characters, citet, clean and without abbreviations. The documents intended to be translated into a foreign language will be able to be drafted either on two columns, encompassing in the first column the text in Romanian, and in the second text translated into foreign language, either successively, writing more intaiu in full text in Romanian and continuing underneath with the text translated into foreign language. The documents intended to be translated into two or more foreign languages shall be drawn up according to the norms shown above, either on parallel columns, as many as will be necessary, or successively, writing above the text in Romanian, and the texts in the language Foreign to each other. The entries in the figures will also be stated in letters. Empty seats will be completed by drawing lines. Stersats, additions and rectifications will be certified by the parties at the bottom of the sign. + Article 7 The documents will be drafted by a lawyer. Licensees and doctors in law will be able to draft their documents, of their spouse, ascendants or descendants. At rural courts, where no lawyer professes, the documents will be drafted without payment by one of the clerks or impiegates of the court, after the dictation of the magistrate, or by the communal notaries who are licensed in law. + Article 8 The parties will be able to draft themselves: Any kind of enrolment with popular banks or with cooperative and federal societies; documents made by professional unions within the limits of their organic laws; contracts and assignments of rental, sublease, lease and sublease; the documents finding service locations; the contracts for the insurance of crops; the pledge documents intervening between the villagers and the loan houses on the pledge; the unloading receipts; the judicial and administration percentages; the acts of notoriety and declarations without patrimonial character. + Article 9 The parties will ask by written petition, after having paid stamp duties and the proportional tax provided by the laws in force, authenticating the document and will appear in person before the magistrate, in the praetor of the competent court, to express and orally their will to authenticate that inscription. They will be able to be represented by an authentic proxy holder. The trustee will appear in person on behalf of the party he represents and will file the original of the warrant or certified copy of the warrant. After the act or mandate of representation of legal entities has been published in the Official Gazette, that Official Monitor will be presented, about which only the note will be taken in the authentication minute. The editor of the sign, of will be, will appear in person with the parties and declare whether the document was written by him. + Article 10 The application for authentication, the copies of the document and the annexes shall be signed by the parties or their representatives, by the editor of the document and by the lawyer certifying the identity, with the citation of their name and domicile. The editor of the document and the lawyer who attests the identity will also show the quality in which he signs the One of the copies of the inscription and annexes will present itself unsigned. + Article 11 The parties or their representatives, who are unwitted by the book or in impossibility to sign, will print, in the presence of the magistrate, on all copies of the document, next to the mention of their name and domicile, the index finger from the hand left. For this purpose, it will imbue with the ink the last phalanx of the finger, which will twist on the inscribed from the left to the right, to print as well as possible all the lower surface of this phalange. In case of impossibility of printing the index finger from the left hand, it will apply in the same way the impression of any other finger from the left or right hand, which will be identified by special mention. + Article 12 The magistrate will find the identity of the parties, procurators and witnesses, either by his personal knowledge or by attestation to a lawyer or by identity documents issued by a competent public authority, or by the statement of two witnesses The magistrate Then he will have to read the inscription in the hearing of the parties, which he will ask if those included in the inscription express their will, if all the copies of the inscription and annexes are identical, controlling this identity himself, as well as if they are Literally signed by them. Finally, the copy of the inscription and the annexes presented unsigned will be signed before the magistrate both by the parties and by all those whose signature is required by art. 10. + Article 13 When the magistrate considers that there could be speeches regarding the identity of one or all the parties appearing in the document he will be able to order that, besides the signature, the part, or the parties to apply the index finger from the left hand, according to art. 11. + Article 14 If the parties or some of them do not know the Romanian language, the formalities provided by art. 12, para. 2, will be fulfilled by interpreter. + Article 15 The declaration of the will of the deaf, mute or deaf-mute of the book will be given in writing before the magistrate, osebit by the inscription drawn up as shown above. The deaf, who knows the book, will still be forced to read the inscription before the magistrate and verbally declare that he consents at his conclusion. If the deaf, the mute or the deaf are unwitted by the book or find themselves in impossibility to write, their declaration of will will be taken through the interpreter. In order to take the consent of a blind man, the magistrate will personally and entirely read the inscription in the hearing of the parties and ask the blind whether he has heard well and whether those heard represent his will. + Article 16 In cases where the declaration of will is taken through the interpreter, his appointment will be made by the investigating magistrate. Before the fulfillment of his office, the interpreter will take the following oath: "I swear in the name of God that voiu translates faithfully and exactly everything that will be required of me to translate." About taking the oath of the interpreter will end the minutes. The interpreter will sign the copies of the document with the mention of his + Article 17 The magistrate will be able to ask or give special clarifications on complicated clauses to convince themselves, if the parties have understood their meaning and willed the legal or conventional effects of these clauses. The magistrate is obliged to ask or give such clarification if the parties or some of them are unwitting by the book or do not know the Romanian language. + Article 18 The magistrate will be able to request the modification of the documents containing clauses manifestly contrary to the public order or good morals, or provisions that are manifestly sanctioned with absolute nullity. + Article 19 If the parties arouse in the application for authentication and do not consent to the amendment of the document or if such a modification is not possible the magistrate will give an end to the rejection of the authentication, returning the document or submitting it to the prosecutor's office competent, when it is the case that criminal action is opened for the facts found by that document. + Article 20 If for the validity of the legal act found by inscription, the law provides for the fulfillment of humor certain conditions of empowerment, of empowerment, authorization or prior formalities of any kind, the magistrate will find the fulfilment of these conditions or formalities on the basis of certificates issued by the competent authorities and which will be submitted with the application for authentication. In the absence of this evidence, if the parties arouse in the application for authentication, the magistrate will give closure to the rejection of the authentication and return the document. + Article 21 In all cases of rejection of the application for authentication, the conclusion will find the circumstances shown in art. 27 27, lit. A-n and will be motivated. + Article 22 Either party will be able to declare an appeal against the conclusion of the rejection of the authentication, within 5 days from the date of conclusion, at the court that rejected the authentication. At the request of appeal will be joined by all copies of the document and annexes, if they were not retained on file. The appeal will be judged with the citation of the parties, in the council chamber, by the tribunal to which the magistrate is part or in the constituency to which the peace judge is found where the authentication was rejected. In the event of the rejection of the appeal, the parties will be able to declare an appeal within 5 days of the ruling The appeal will be declared at the court that judged the appeal and will be solved, with the citation of the parties, by the respective Court of Appeal, which in case of scrapping will evoke the fund. + Article 23 In case of admission of the appeal or appeal, the investment of the document with authentic form will be made by the respective court by transcribing the copies of the document of the decision, which will include the findings recorded in conclusion of rejection according to art. 21, as well as the consent of authentication. This transcript will be signed by the magistrates who gave the decision, will be countersigned by the Registrar and will be invested with the seal of the court. One of the copies of the document that was authenticated in these conditions will be retained and submitted to the court notified with the application for authentication, in order to register and form the file of the authentic act. + Article 24 Investing with authentic form in the conditions shown in the previous article will take effect from the moment of taking the consent of the parties, even if in the meantime one of the parties would return to the given consent or if a cause of The impossibility of expressing his will. + Article 25 If the rejection of the authentication has remained final, the findings of the magistrate recorded at the conclusion of the date 21 will have no effect on the consent of the parties and the definite date of the registration. + Article 26 If the registration meets the conditions for being invested with authentic form, the magistrate will target all copies of the document, as well as the receipts, plans, photographs or any other attached documents and will approve the authentication of a minute written on the request for authentication, signed by him and countersigned by the Registrar. If the registration includes several coals, the visa will be made on each of them. If the text of the document was drawn up and in a foreign language in the conditions shown in art. 6, the authentication visa will be made only on the text in Romanian, making mention in the minute that only the text in Romanian has the power of an authentic inscription. + Article 27 The authentication will be found by a minutes that will pass on each of the copies of the document, after the signatures of the parties and which will show: a) Date and place of instrumentation; b) The name of the magistrate and the Registrar; c) The names of the parties and the fact of their presentation in person or through the d) The date and number of the sentence and the authority which authenticated it or the mention of the Official Monitor in which it was published, if the party was presented by the trustee; e) How to find the identity of the parties f) Reading of the inscription in the presence of the parties and their declaration that the inscription was made with their consent and is subscribed by them; g) The way in which the consent of the parties who do not know the Romanian language was taken; h) The way in which the infirmers expressed their will; i) The signing by the parties, before the magistrate, of the original document, made for the file; j) Statement of the party if he does not know or cannot sign the document k) The fact that the unwitters of the book or those in impossibility to sign were taken the digital impression, in the conditions shown in art. 11 11; l) The fact that, after the magistrate's disposition, the parties or some of them, osebit of signature, have also applied the finger, in the conditions shown in art. 11 11; m) The subscription of the documents of the document, under the same conditions, by its editor and by the lawyer who attested the identity of the parties, as well as their oral statement regarding the drafting of the document and the identity of the parties; n) Number of annexes; o) The investiture device with authentic form that is expressed by the words "It declares itself authentic the present inscribed", or by other equivalent expressions. There will also be mention of any statements made by the parties, as well as the fact that the money was counted before the magistrate. If the inscription also includes the translation into one or more foreign languages, it will be made mention that only the text in Romanian has the power of an authentic inscription. + Article 28 The authentication minutes will be signed by the magistrate and countersigned by the Registrar, will carry a number of orders and will be sworn in with the seal of the court. + Article 29 At the bottom of the annexes it will be made mention that they are an integral part of the authentic document, which will be identified by the number and date of the minutes of authentication and showing the court from which emanates. This mention will be signed by the magistrate and countersigned by the Registrar and will be vested with the seal of the court. + Article 30 Copy of the document and annexes signed before the magistrate, according to art. 12, para. 3, as well as the certificates or documents submitted with the application for authentication, will be held at the authentication court for the authentic instrument file, and the second copy or the other copies and annexes will be issued to the parties shown in the application for authentication or in favour of which the document was drawn up. + Article 31 The head of the court or his deputy will be able to delegate by simple resolution a magistrate who, assisted by the Registrar, to instrumentalize elsewhere than in the pretorium of the court, in the following cases: a) In case of illness found or old age, which, would prevent any party from presenting itself before the authentication court, the delegated magistrate will be instrumental in the place where that person is located. The impossibility of presentation in the premises of the authentication court will be determined by medical certificate or in any other way; b) If several villagers want to buy, sell, exchange, comassa, mortgage or take or lease a rural building, or if they want to give percentages in any of these purposes, the delegated magistrate will be able to act at the town hall where they are located residence or residence of all parties; c) When reasons of public order prevent the presentation of the parties in the praetor of the authentication court or when the parties are unable to leave their service or mission, during the working hours of the court, the delegated magistrate will could be instrumental in the location of those parts. + Article 32 If the court of authentication is the tribunal, and the place of instrumentation, is not in the locality of residence of the court, it will be possible to delegate one of the magistrates of the court in the constituency to which the authentication is to be made. + Article 33 In the cases provided by art. 31, the minutes of authentication concluded by the delegated magistrate will also show the delegation of instrumentation apart from the praetor of the court, as well as the place where the magistrate was transported. + Article 34 The magistrate will be able to take separately, but on the same day, after his assessment, the consent of the parties appearing in the inscription, ending osebite minutes, which will be mentioned in the authentication minutes. + Article 35 Those who cannot or do not know how to write and read, can conclude legal acts only in authentic form if the value of the act exceeds 25,000 lei. In the same cases, if the value of the legal act does not exceed 25,000 lei, the document under the private signature that finds it will be valid only if it was subscribed by his writer and if the name, profession and domicile of two witnesses Book sciences, which were present at the conclusion of the act and the preparation of the document. + Chapter III The vices of authentication forms Invalidity + Article 36 Vices, omissions or errors in the minutes of authentication relating to the appearance of the parties in person or by representation before the magistrate, to the taking of consent and the establishment of the identity of the parties, trustees and witnesses, constitute the cause of absolute nullity of the authentic form. The same effect produces any omissions or errors regarding the finding that the document was read in the presence of the parties and is signed by him and regarding the mention of the name of the magistrate and the clerk. Any other vices, omissions or errors, as well as those shown in the preceding paragraphs, which can be reconstituted and covered by the contents of the minutes, drawn up according to art. 26, will not attract the nullity of the inscription nor its value as an authentic act, even when the authentic form constitutes a legal solemnity of the act, provided under the sanction of nullity. The vices, omissions or errors slipped in the minute of the minute will be rectified by the judge who concluded it, according to his findings, concluding about this minutes on the very request for authentication, countersigned by the Registrar. + Article 37 Authentication minutes containing errors or material omissions will be able to be rectified or remade entirely by the presidential order, ex officio, or at the request of the interested parties, based on the declaration of will taken by The investigating magistrate. + Article 38 The incompetence of the magistrate cannot constitute a cause of nullity of authentication if he has handled in the praetor of the competent court or if he has dealt elsewhere by virtue of a flawed delegation given pursuant to art. 31, or in the case provided by art. 4 4, al. 2 and if the parts were not bad faith. + Article 39 The authentication made by the peace judge over his competence provided by art. 3 of this law attracts the nullity of authentic form This nullity will not be able to be invoked by the party or parties that by fraud have made it possible to overcome the material authentication competence. + Chapter IV Legalization of children on authentic instruments + Article 40 Parties and third parties will be able to obtain certified copies of any authentic instrument. The head of the court will be able to prohibit, exceptionally, to issue legalized copies of documents to others than to the parties, their representatives and their successors, if the applicants do not justify a legitimate interest. This prohibition will only be revoked by the head of the higher court in the rank. + Article 41 The legalization of children will be made by one of the court clerks who authenticated the document. If the copy of the act is intended to reconstruct the original lost, stolen or destroyed, the legalization will be made by one of the magistrates of the court where the registration was registered. + Chapter V Reconstitution of the original lost, stolen or destroyed authentic instruments and the issuance of duplicates + Article 42 When the original of an authentic document was lost, stolen or destroyed, its reconstruction will be made, at the request of the interested party, by the court where the document was authenticated. The application will be judged by the procedure and the remedies provided by art. 104 pr. civ.; if the parties do not agree, the application will be judged according to the contentious procedure provided for by the common law. In both cases, the parties appearing in the inscription or their successors shall be cited. The court will be able to order the reconstitution immediately of its registration or it will be able to order that the reconstitution procedure should not be continued until 30 days from the date of publication in the extract of the request for reconstitution in the newspaper to be designated by the court or in Official Gazette. During this period, the parties and third parties will be able to meet, which will be judged with the request for reconstitution. The third parties who have met will not be subpoenaed. They will be able to present themselves and put conclusions in court until the closing of the debauces. + Article 43 The reconstitution decision will order the issuance of a duplicate of the authentic document, which will take place of the original of the lost, stolen or destroyed registration and will produce the same effects as the reconstituted act. This duplicate will bear special mention of the reconstitution decision and the purpose for which it was issued and will be signed by the magistrates who signed the reconstitution decision. + Article 44 When the parties that appear in an authentic document or their successors declare in agreement that they will issue one or more duplicates from the document, the court to which the act is authenticated shall immediately dispose of and issue these duplicates Also, when the original of a genuine inscription is intended to serve the sample of several persons, any of the interested parties will be able to ask for a duplicate of the document, which will be constituted and immediately issue by the court to which it was authenticated enroll. If by applications submitted to the file of the authentic instrument, any of the parties appearing in the inscription or their successors have made opuners to the issuance of duplicates from that inscription, the constitution and issuance of the duplicates shall be made in the council chamber, by urgency, with the citation of the parties, after the procedure and the remedies provided for by the common law The duplicates will be in the form shown in art. 43, paragraph 2. + Chapter VI Investing with the executory formula of authentic instruments + Article 45 The authentic instruments are enforceable from the time of the chargeability of the obligations The substantive conditions for investing have the enforceable formula are those provided by the civil code and the civil procedure code regarding the chargeability of the bonds found by the inscription. + Article 46 The investment of authentic acts with the execution formula will be made by the court where they have been authenticated or registered, according to art. 23, para. Last. + Article 47 The investment with the enforceable formula will be approved at the request of the person for whom the obligation was stipulated. In the request for investment will be raised the chargeability of the act, as well as the quality, right and interest of the holder of the document to ask for investment. + Article 48 The court will examine the application in the council chamber without citing the parties. The conclusion will be motivated and is enforceable. This conclusion is subject to the remedies shown in art. 104 104 of civil procedure. + Article 49 Requests for the cancellation of the investment conclusion with the enforceable formula will be possible only on the path of the appeal to execution. + Article 50 If the chargeability of the act is to be deducted from circumstances that require checks in fact, the competent court will decide on the application, with the summoning of the parties, of urgency, in the council chamber, after the procedure and with the remedies provided for by the right common. + Article 51 The enforceable formula applies to the original of the title when it is in the possession of the party; in the other cases, on a duplicate issued, according to art. 43 43 or 44. Its contents are the one shown in art. 135 proc. civ. The act invested with the enforceable formula will be passed in a special register of enforceable titles and will bear the registration number. + Article 52 The enforceable formula will be approved only once on the same title. + Article 53 The enforceable title will be issued to the party who requested the investiture or the person shown by it in the request for investment. The Registrar will mention the name of the person to whom the title invested with the enforceable formula was issued, both on this title and on the original retained on the case of the authentic instrument. With the consent of the court and if a legitimate interest is justified, one or more duplicates of the enforceable title will be able to be issued to the interested party, making mention of the duplication character and the purpose for which they were issued. If the enforceable title has been lost, stolen or destroyed and if the party does not possess a duplicate, it will be able to obtain its reconstitution by request to the court from which it is supported on all the evidence available to the complainant. The court will order to extract from its books all the data necessary for the title that is reconstituted. The certified copies of the missing title in the possession of the parties, a tertium or any authority, may serve to reconstitute; their submission will be ordered by the president of the court, under penalty of damages to the cominators in case of refusal. The decision to reconstruct what will be given will take the place of the original title until it is found. The above application will be judged urgently, in the council chamber, after the procedure and with the remedies provided by art. 42, para. 2 of this law and with the distinctions there established, always reading the interested parties. + Chapter VII Execution of authentic instruments and enforceable securities in general + Article 54 In order to execute the enrolments invested with the enforceable formula and the enforceable securities in general, the application will be directed directly to the competent court, after the following a) The execution of the furnishings and of the obligations to do or not to do will be fulfilled by the peace judge or the tribunal in the constituency to which the debtor is domiciled or his residence or where he has chosen the domicile for execution, after value shown in the enforceable title. The delivery of the furniture will also be possible by the competent court, by value, in the constituency of which the property is found; b) The execution and handover of the real estate will be made by the court in the constituency of which the building or the court of choice of parties is located. In the parts, where, according art. 13 of the Law No. 389 of 22 June 1943 for the extension of the civil and commercial legislation of the Old Kingdom in Romania over the Carpathians, the real estate execution is made according to the LX law of 1881, with the amendments made by the 1912 law of 1912, the competent court for ordering the execution the basis of a genuine act or a decision given by a court of a territory where the laws mentioned above are not applicable, is the court of peace besides which is the court of the funduary book to which the building is inscribed. The ordering of real estate on the basis of a final decision given in trials started at a court where the above mentioned local laws are applicable, will be made by the court that judged in the first degree. The real estate execution procedure is that of the place of the property, regardless of the court from which the enforceable title exudes. + Article 55 Between several competent courts, the creditor has the choice. If the following property is located in the constituency of two or more courts of the Old Kingdom, the execution will be required at the court in the constituency to which the exploitation is established. If the following property is located in the constituency of two or more courts, some of the Old Kingdom and others over the Carpathians, the execution will be required separately at each of these courts for the portion of the building located in the constituency the respective court or adjudicator. + Article 56 The request for ordering the execution will be approved without citing the parties, by simply the ordinance, which will be subject to the appeal under the conditions of art. 104 104 of civil procedure. + Article 57 Competent court, according to art. 53, in order to order the execution, it will be able to approve insurance measures, with the procedure provided for in the previous article. + Title II Legalization of documents under private signature + Chapter I Legalisation competence + Article 58 Courts and courts of peace are competent to legalize the signature on any document for which the law does not require authentic form. The legalization of the documents will be made by a single magistrate assisted by the Registrar, after the distinctions shown in art. 5. The competence to legalize also have judges from rural and mixed courts when moving to rural communes in their constituency, located at a distance of more than 15 km from the residence, to exercise their duties at the mayoralties That. + Article 59 Police commissioners in urban communes and notaries in rural communes are competent to legalize the signatures of persons who have their domicile or residence in their constituency, only in respect of the following documents: a) Procures of any kind for representation in the judiciary or for acts of administration, if after the nature of the act or representation the law does not provide for authentic form; b) Procures to receive pensions or leftovers and receipts of any kind; c) Accounts and invoices for supplies of any kind and value; d) Medical certificates and in general any documents of non-patrimonial nature. + Chapter II Legalization procedure + Article 60 The courts and authorities shown in art. 58 and 59 will only be limited to the finding of the authenticity of the subscription. Signatures by the laying of finger or stamps of book unwitters or those who cannot series, or of blind, cannot be legalized. + Article 61 For the legalization of subscription the party will be present personally before the court or competent authority with a written request accompanied by at least two copies of the document drawn up in the conditions shown in art. 6. One of the specimens will be unsigned. + Article 62 The competent magistrate or official, after ascertaining the identity of the party by one of the ways provided in art. 12, will target the copies of the document, ask the party if he knows and can write and read, if the signature on the inscription is his own and will ask him to subscribe in front of him the copy of the unsigned document. + Article 63 Legalization will be found through a minutes that will pass on each of the copies of the document. The minutes will include: a) Date; b) Place of instrumentation; c) Name and quality of the instrument; d) Presentation of the party in person, how to determine its identity and the state of the document; e) The party's statement that the inscription is subscribed by the dance and that it knows and can series and read; f) The subscription to the instrumentator of the copy that will be held on file. The minutes will be signed by the magistrate and countersigned by the Registrar, if the legalization is made at a court, and in the other cases only by the official who legalized the act. He will also include the mention that the part was asked if he knows and can write and read, as well as her answer. The minutes will be invested with the seal of authority. + Article 64 The copy signed before the magistrate or the instrument officer, will be kept on file and the other copy will be issued to the party, who will sign the receipt on the request for legalization. + Article 65 The authorities who have handled may release, at the request of the interested parties, copies of the inscription whose subscription has been legalized. + Article 66 The signature specimens will be able to legalize, according to the procedural norms shown above, making special mention, in the minutes of legalization. + Article 67 They will not legalize (the signatures on the documents that find a legal fact for which the stamp duties and the proportional tax were not paid. + Article 68 Also will not legalize the signatures on the documents whose content is manifestly contrary to the public order and good morals. + Article 69 The conclusion of the rejection of the legalization of documents under private signature is subject to remedies shown at art. 68 of Law No. 394 of 23 June 1943 , to accelerate judgments in civil and commercial matters. + Title III The giving of the definite date + Article 70 The courts and courts of peace, as well as the judges of these judges when they will be instrumental in rural communes located at a distance of more than 15 km from their residence will be able to give a certain date to the documents that will be presented to them for this purpose. The formality of the investment with the definite date will be fulfilled by a single magistrate assisted by the Registrar, after the distinctions shown in art. 5 + Article 71 The magistrate will target the submitted document, order the registration of the application and conclude at the bottom of the document a summary report showing the fact of his presentation to the respective court, the date and the registration number, as well as the state of the registration. The minutes will be signed by the magistrate, will be countersigned by the Registrar and will be invested with the seal of the court. The original of the document, with the mention of the definite date, will be issued to the interested party, retaining for the file a copy, collated by the Registrar and legalized by the investigating magistrate. It is not derogated by these provisions to those prescribed by art. 1182 1182 and 1188 of the civil code and of the special rules laid down in respect of commercial law. + Article 72 Provisions of art. 67-69 are common and this title. + Title IV Legalization of children on the papers + Article 73 The courts, the peace courts and the judges of these judges, when they will be instrumental in the rural communes located at a distance of more than 15 km from their residence, are competent to free legalized children from the documents that will be presented to them by parts, either under private signature or legalized or emanated from any other Romanian authority. They will also be able to free certified children from Romanian public-character prints. Legalization will be done by a single magistrate assisted by the Registrar, after the distinctions shown in art. 5. + Article 74 The party will submit the inscription from which it requires the release of the certified copy, together with at least two identical copies. The magistrate will target the registration and will order the court clerk to proceed to collation of the children for their identification with the respective registration. On the basis of the Registrar's reference, the magistrate will give resolution to the issuance of the certified copy, concluding in this regard a minutes on each of the copies submitted, of which will retain one for the court file. + Article 75 The certified copies of the plans for whose preparation a specialized training is required, will be issued, according to the above norms, on the basis of collation by an expert, who will make his attestation before the magistrate under oath, under art. 196 proc. Civilian. + Article 76 The legalization of children will be possible, either from the entire text of the document, or from the parts determined by the text, in which case it will be made special mention that the legalization concerns an extract from the inscription. + Article 77 The undivided tribunal and the competent sections of commercial matters at the courts divided into two or more sections, shall legalize, upon request, extracts from commercial registers, even non-binding or irregular outfits. + Article 78 Legalization will be done by a single magistrate, assisted by the Registrar or his deputy. + Article 79 The extracts shall be drawn up at least in two identical copies. The magistrate will verify the accuracy of the extract and the manner of young man of the register, after which he will target the posts or records passed in the extract and conclude at the bottom of each copy of the extract a report of legalization, with the mention Findings made. One of the excerpt's copies will be held for the court case. + Article 80 Provisions of art. 67-69 are common and this title. + Title V Competence of public notaries and authorities and institutions + Chapter I The competence of the public notaries to authenticate and legalize documents, to give the definite date and to legalize the copies on the documents + Article 81 Apart from the courts, shown in art. 2-4, where public notaries function, they are also competent to authenticate documents of any nature and value, between any persons and regardless of their domicile or residence, to legalize documents under signature private and give the date of writing to such documents, as well as to legalize children on documents and extracts from commercial or private registers, who will be presented to them for this purpose in their office. + Article 82 They are applicable, by similarity, to public notaries, the provisions of art. 6-15, 17, 23-30, 34-38, 60-68, 71-77, 79 and 80 of the present law. + Article 83 The public notary will be instrumental in the office of his legal headquarters. He will also be able to handle the parties ' domicile in the cases shown in art. 31, making mention in the minutes of authentication about the reason and proof that legitimized the taking of consent to the parties ' domicile. + Article 84 The public notary will be able to personally draft documents that draw up in authentic form, which can be written by hand or by car. In this case, the registration will include the mentions provided by art. 27 27, except for the one referred to in lett. o. The registration will be signed by the notary, the witnesses or the second notary public, as well as the parties. He will carry a number of orders and invest with the seal of the notary. Documents written by lawyers or, in cases shown in art. 7, para. 2 2 and art. 8, by the parties will be authenticated by the public notary in the editorial board. + Article 85 For the authentication of the wills, the notary public will be instrumental in the presence of two major and capable witnesses, enjoying a good reputation attested by the notary public on its responsibility. There can be no witnesses who are relatives up to the 4th degree including the testator, the beneficiaries of the will or the notary public, or who are in their service. The presence of witnesses is not necessary if the notary public will be assisted by a second notary public. The witness office is free. They will be able to claim compensation for travel expenses, which-in case of misunderstanding-will be fixed by the peace judge by presidential order, given according to art. 67 of Law No. 394 of 23 June 1943 , to accelerate judgments in civil and commercial matters. + Article 86 The notary public, who has a translator's authorization, will be able to take, without interpreter, the consent of the parties who do not know the Romanian language and who express their will in one of the languages provided for in his authorization. If the notary public does not have a translator authorization, the consent of the parties who do not know the Romanian language will be taken through the interpreter. In these cases, as well as in those provided by art. 15, para. 2, when the declaration of will is taken by the interpreter, his appointment will be made by the peace judge, before which the interpreter will take the oath prescribed by art. 16. para. 2. of the present law, before the performance of his office. This will be mentioned in the authentication minutes. + Article 87 In the cases provided by art. 18, 19 and 20, the public notary will reject the authentication by reasoned minutes, which will also contain the finding of the circumstances shown in art. 27. For the consent of the authentication in these cases, any of the parties, which appear in the document, will be able to address the tribunal in the constituency of which the notary public has its seat. The Tribunal will judge, with the citation of the parties, after the procedure and the remedies shown in art. 104 proc. Civilian. If the application is found to be founded, the authentication will be approved according to the norms shown in art. 23. + Article 88 The public notary will form files of documents authenticated in his office, which he will preserve in order for 30 years, after which he will hand them over to the State Archives. In case of the abolition of his office, the public notary will hand over to the peace judge, in whose constituency it works, all the archive of the documents authenticated by him. + Article 89 The reconstitution of documents drawn up in authentic form or authenticated by public notaries, lost, stolen or destroyed, is within the jurisdiction of the tribunal in which the public notary is established. The request for reconstitution will be judged according to art. 42 42 of this law. + Article 90 In the cases provided by art. 44. the public notary will be able to issue duplicates from the documents drawn up in authentic or authenticated form in its office, at the request of any of the interested parties. If any of the parties appearing in the inscription or its successors made opuners to the issuance of duplicates from that inscription, the public notary shall issue the requested duplicates except on the basis of a presidential order given with the citation of the parties, according to art. 67 67 and 68 of the law No. 394 of June 23, 1943 , to accelerate judgments in civil and commercial matters. + Article 91 Public Notaries will not be able to issue duplicates or certified copies of the documents drawn up in authentic form or authenticated in their office until after the justification of the payment of stamp duties and the tax proportional to the authentic act. + Article 92 Documents drawn up in authentic form or authenticated by public notaries will be able to invest with the execution formula of the peace court in the constituency of which the notary public is based, if the parties have not chosen the competence of another judges. + Chapter II Authentication, legalization and investment with the definite date of the documents by the Romanian consulates and legations abroad + Article 93 Abroad, the documents of Romanian citizens will be able to authenticate, legalize or invest with the definite date by the Romanian consulates or legations according to the competence determined by the laws and regulations in force and according to the practice international or generally accepted principles, but with the observation of the procedural rules provided for by this law. + Article 94 Competent consular or diplomatic agents will be instrumental at the consulate or legation headquarters. + Article 95 The incompetence of consular or diplomatic agents is a cause of nullity of authentication or legalization, according to the nature of the instrumentation, subject to the provisions of art. 38 and 39, para. 2. + Article 96 The parties will be able to draft their own documents to be authenticated by the Romanian consulates or legations abroad. + Article 97 The reconstitution of the documents authenticated by the Romanian consulates or legations abroad will be ordered by the court in the constituency of which the debtor resides or has the residence, and in the case when the debtor has neither domicile nor residence in the country, the court of residence or the residence of the creditor or the one chosen by the parties. + Article 98 Issuance of duplicates in the cases provided by art. 44, will be made by the consulate or the legation that authenticated the act, if no opuners were produced. Also the issuance of duplicates from the documents authenticated by the Romanian consulates or legations abroad will be able to be made by any court in the country, if all the parties that appear in the document agree. In the other cases, the issuance of the duplicates will be ordered by the court in the constituency to which the debtor resides or has the residence, and in absentia, by the court of domicile or residence of the creditor or that chosen by the parties + Article 99 The documents authenticated by the Romanian diplomatic and consular authorities abroad will be invested with the enforceable formula of the court in the constituency of which he resides or has his residence, the debtor, and in the case when he has no domicile either residence in the country, by the Ilfov Court, the notary section, if the parties did not choose the jurisdiction of another court. + Chapter III Public authorities and institutions with special authentication competence + Article 100 The mayors of rural communes, public authorities and institutions, to which by special laws have been given the power to authenticate certain documents, retain this competence; they will comply, but the authentication rules provided for by this Law, if special law does not derogate from them. + Article 101 The authentication made by the public authorities and the institutions shown in the previous article, over the competence granted to them by the respective laws, constituted a cause of absolute nullity of the authentic form + Article 102 The parties will be able to draw up their own documents that are authenticated by the public authorities or the competent institutions, according to Article 100. + Article 103 When authentication is made by a public authority, the authentication formalities will be fulfilled by the head of the authority or the official shown by the special law, and when the authentication is made by the institutions invested with this competence by Special laws, authentication formalities will be fulfilled by the director of the establishment with the right to signature. The competent official will be instrumental in the seat of the authority or the institution and will be assisted by a secretary. + Article 104 The authentication minutes shall include the following entries: a) Date and place of instrumentation; b) The name and quality of the instrument and the secretary; c) Finding the identity of the parties d) Declaration of the will of the parties or of adhesion to the contract with the respective institution; e) The authentication device. In the case of books or infirmities, mention will be made about the reading of the word in the word of the document and their will to consent to the act, showing how the refute manifested its will, in the sense of art. 15 15 of this law. + Article 105 This minutes will be signed by the instrument agent and the secretary, a number of orders will be given and will be invested with the seal of the authority or the institution. + Article 106 The documents will be recorded in the order of entry into a special register of authentic documents, which will be investigated by the parties. + Article 107 Public authorities and institutions with special competence to authenticate certain documents, will comply, regarding the preservation of authenticated documents, to the obligations shown in art. 88 88 for public notaries. + Article 108 The reconstitution of the original lost, stolen or destroyed, as well as the issuance of duplicates are of the jurisdiction of the tribunal in the constituency to which the public authority is based or the institution that authenticated the act + Article 109 The documents authenticated by the public authorities and the institutions shown in art. 100, will be invested with the enforceable formula of the courts provided by the special law if the special law does not have in this regard, the investment with the enforceable formula will be made by the peace court in the constituency to which it has the establishment of the public authority or the institution that authenticated the document. Final provisions and transitors + Article 110 At the Ilfov Court, the notary section, the record of authentic and mystical wills from all over the country is established. All courts and public notaries who have invested with the authentic formula the wills presented to them or the statements by which they are revoked or amended, as well as the courts, which have received in preservation mystical wills, will communicate to the Ilfov Tribunal, the notary section, no later than 10 days from the receipt or authentication of such acts, and in terms of mystical wills, and those filed until today in the courts, the name, pronouns and domicile of the testator or declarant, authentic or mystical of the will, the date and the number under which they were authenticated or registered with the court or the notary public. + Article 111 For the registration of these documents will also be set up, day by day, one general opis and an alphabetical one. The records in these opise will be made under the direct supervision of the first Registrar, which is also the conservatory of opisas. These opise have a confidential character in terms of mystical wills, which will not be possible to give any information or certificates, unless proof is made of the termination of the testator's life. + Article 112 For the registration of authentic instruments, requests for the legalization of documents under private signature, requests for a definite date or for the release of legalized copies will be established a single entry and exit register, in which the entry of the requests made for the above purposes and the exit of the minutes or the rejection terminations shall be operated simultaneously and with the same number. + Article 113 The Minister of Justice will be able to determine by decision the tariff of maximum fees due to public notaries for acts prepared by them in authentic form or authenticated in their office, as for the various tasks received from the parties or from the courts. In the same way will be possible to establish and gratuities in terms of succession for the benefit of categories of heirs. + Article 114 The provisions of the law for the organization of the body of lawyers, regarding the right of lawyers to give the definite date and legalize the signatures on the judicial percentages received from the parties, shall be maintained in force. + Article 115 Provisions of art. 861-863 of the civil code, the provisions of the law for the authentication of acts of 1 Septemvrie 1886, as amended, the provisions of law XXXV of 1874 and VII of 1886, as amended, concerning authentication and legalization acts and the release of duplicates and certified copies of the acts, as well as the provisions of the contrary of any other law, shall be repealed. + Article 116 This decree-law is implemented on 1 Septemvrie 1944. ______________