Law No. 358 of 3 July 1944 for authentication and legalization of documents, with the definite date for swearing and children's legalization tracts published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 152 of 3 July 1944 Decree No. 1,243 of 29 June 1944.
Article Dispoziţiuni 1 authentication and legalization of documents, sworn with the definite date and legalization of children's records shall be subject to the procedure provided by law.
Title I Chapter I shall be responsible for Authentication trusted are article 2 the competent Courts to authenticate documents, whatever the nature and value of legal acts, between any persons irrespective of their domicile or residence.
Article 3 Courts of peace, located in the commune of residence outside of court, are competent to authenticate: the Entries concerning rights) of real estate, if the property is situated in their district, regardless of the nature and value of legal acts or domicile residence times parties;
b) Entries noting donaţiuni and matrimonial contracts included in the preceding paragraph and any kind of legal acts with patrimonial in nature, would be of any value, where at least one of the parties has his domicile or residence in the District Court concerned.
The domicile or residence of the parties in Vienna Court will ascertain through the personal knowledge of the magistrate, by acts of the parties, through the identity certificates issued for that purpose by the public authorities or by means of the lawyer who drafted the Act;
c) Entries noting declaraţiuni relating to wills and wills, powers of Attorney, declaraţiuni and entries of any kind with the prerogatives of a character, regardless of the domicile or residence of the parties;
d) Entries noting any value contracts, concluded in exhibitions or fairs are in their constituency, regardless of the domicile or residence of the parties;
e) Entries whose authentication is determined by special laws, the courts of the peace.
Article 4 Jurisdiction of the courts of authentication alone with its headquarters in the city of residence of the Court is limited only to the records referred to in article 1. 3, lit. c, d and e. judges of the district courts and from the presence of mixed will be able to log in, the rural municipalities of mayoralties located at a distance of 15 km from commune residence of the Court, all the records provided for in art. 3. Article 5 Formalities completed authentication of a single magistrate, who will be assisted by Registrar or its Deputy.
The peace courts and courts can make tracks authentication of any of the judges of these courts; the courts divided into several wards, authentication will be made by the judges of the section I-a, and the courts with special section of notaries, the magistrates of this section.
Chapter II Procedure article 6 authentication Records whose authentication is required and any accompanying documents shall be drawn up at least in duplicate.
When it will accomplish more than two copies, it will make mention of the end of the original copies of the official number and names of the parties to whom it is issued.
Entries can be hand-written, printed or car in any way in whole or only in part and supplemented by hand or machine.
In all cases the records will have to be written in Romanian language and Latin alphabet, clearly, cleanly and without shortcuts.
Records intended to be translated into a foreign language will be able to draw on either two columns, including the first column text in Romanian language, and in the second text translated into a foreign language, either successively, by writing to întâiu is no longer in full text in Romanian language and keeping it below with the text translated into the foreign language.
Records intended to be translated in two or more foreign languages is lime Edition after the rules shown above or on parallel columns, how many will be needed, either successively, by writing above text in Romanian language, and foreign-language texts, some under others.
The particulars shall be mentioned in the figures and in words.
It will fill the empty seats by drawing lines.
Additions and corrections, erasures shall shall certify the official parties.
Article 7 Records will draw up a lawyer.
Licensees and doctors in law will be able to edit their pleadings, of the spouse, their ascendants or descendants.
The rural courts, where no practise any lawyer, records will be edited freely by one of the clerks of the Court, or impiegaţii after dictating the magistrate, or aldermen who are licensed notaries in law.
Article 8 the parties will be able to draw up single entries: any kind of popular with banks or with companies and federal cooperatives; records made by professional unions within the limits of their organic laws; contracts and sales contracts of lease, sublease, lease and subrent; locaţiuni records; finding crop insurance contracts; records of the pledge between the villagers and the homes of loan collateral; receipts arresters; procurile judicial and administrative ones; acts of notoriety and the testimony of non-patrimonial.
Article 9 the parties will request written by petition after having paid stamp taxes and income tax in proportion laid down by the laws in force, and the official authentication of the person before the magistrate, the praetorium, the competent court to express their wills and oral to authenticate that signed up.
They will be able to be represented by a proxy with power of Attorney '.
The trustee will present in person on behalf of the party he represents, and will submit the original or a certified copy of the mandate on the mandate.
After the Act of representation mandate or legal persons was published in the Official Gazette, the Official, that Monitor which will only take note of authentication. minuta
Official editor, will be, will be presented in person with the parties and will declare whether the entry was drafted by him.
Article 10 the request for authentication, and the annexes will be official signing by the parties or their representatives of official editor and lawyer attesting to their identity, with the mention of the name citeaţă and their residence.
Official editor and lawyer will show evidence of the identity and quality of the signing of the entry.
One of the copies and annexes will be official this unsigned.
Article 11 the parties or their representatives who are ignorant or unable to sign, will print, in the presence of the magistrate, on all copies of the official statement about their name and domicile, the left hand index finger dela.
To this end, will ink the last phalanx of the shooting of the finger, which will twist on enrolled dela left to right, in order to print as well all the bottom of that phalanx.
In case of impossibility to print the index finger, which from left hand, will apply in the same way impresiunea any other finger left or right hand from the rock, which will be identified by special mention.
Article 12 the parties will establish the identity of the Magistrate, procuratorilor and witnesses, either through his own personal knowledge, either by means of a lawyer or through identity documents issued by a competent public authority, or by declaration of two witnesses known magistrate.
Then it has to be read in the hearing give official parties, they will ask if the express their wills enrolled, if all copies of official and annexes are identical, controlling himself this identity, and whether they are properly signed.
Finally, the official and the annexes will be presented unsigned sign in front of the magistrate of both sides as well as all those whose signature is required by art. 10. Article 13 When magistrate considers that s ' discuţiuni could arise with regard to the identity of one or all Parties included in the enrolled will be able to provide that, in addition to the signature, the party, or the parties to apply the left hand index finger dela, according to art. 11. Article 14 if the parties or some of them do not know the Romanian language, the formalities laid down in article 21. 12, paragraph 1. 2, will be fulfilled through an interpreter.
Article 15 Statement of will of the deaf, the dumb, or deaf and dumb literate will be given in writing in front of the magistrate, osebit of the entry was drawn up as shown above. Deaf, who knows the book, will no longer be obliged to read the entry before the magistrate and declare verbally agrees to his conclusion.
If you are deaf, deaf-majongile or majongile are ignorant of the book or find themselves unable to write their statement will be taken through an interpreter.
To get the consent of a blind, the magistrate will personally read all of the entries in the hearing of the parties and will ask the blind if he heard right and if the hearsay represents his will.
Article 16 where the statement will be taken through an interpreter, the appointment will be made by the magistrate of instrumentator.
Before carrying out his Office, the interpreter will provide the following oath: "I swear in God's name that faithfully translate and voiu exactly everything I will be asked to translate".
About taking sworn interpreter will end osebit minutes.
The interpreter will sign copies of the official noting its quality.
The magistrate will be able to ask for or give special explanations over complicated clauses in order to persuade, if the parties have understood their meaning and have legal effects or willfully conventional of these clauses.
The magistrate is obliged to ask for or give such explanations if the parties or some of them are neştiutoare or don't know the Romanian language.
Article 18 the magistrate will be able to ask for amendment of records that contain clauses clearly contrary to public policy or morality, or dispoziţiuni which are manifestly penalised with absolute nullity.
Article 19 if the parties in the application of stăruesc authentication and does not consent to modification of such official or if modification is not possible, the magistrate will give a closing of authentication, rejection of the entry or targeted soaking on the basis of the competent public prosecutor's Office, when it is the case of the criminal action for findings by that signed up.
Article 20 validity of legal act If found to be in writing, the law requires the fulfilment of certain conditions humor empowerment, empowerment, authorization or prior formalities of any kind, the magistrate will ascertain the fulfilment of these conditions or formalities on the basis of certifications issued by the competent authorities and which will be submitted with the request for authentication.
In the absence of such evidence, unless the parties request authentication stăruesc, magistrate of rejection will give authentication and will refund the entry.
Article 21 in all cases of rejection of the application, the conclusion will ascertain the circumstances referred to in article 1. 27. a-n and it will be motivated.
Article 22 either party will be able to declare the conclusion of the appeal against the rejection of authentication, within 5 days from the closing date, which from the Court which rejected authentication.
At the request of appeal will join all official copies and annexes, if they were not retained on file.
The call will judge with the attendance of the parties, the Council Chamber of the Court of magistrate of instrumentator or in the constituency which is found where the peace Court ' rejected authentication.
V. conclusion of the rejection of the appeal, the parties will be able to appeal within 5 days from the rock's pronouncement.
The appeal will be declared in the Court that judged the call and will be solved, with the attendance of the parties, the Court of appeal concerned, which in the event of Cassation will conjure up the Fund.
Article 23 in the case of the admission of the appeal or the appeal, sworn-official with authentic form shall be made by the Court concerned through the official transcript copies of the judgement, which will encompass the findings stated in the conclusion under article rejection. 21, and approval authentication.
This transcript will be signed by the judges who gave the decision, will be contrasemnată by the Registrar and shall be vested with the Court seal.
One of the copies of the official who was logged in these conditions will be retained and must submit to the Court in which, in order to register and the form of the instrument folder.
Article 24 the investiture with the authentic form generally referred to in the preceding article will take effect from the moment of taking the parties ' consent, even if one of the parties Meanwhile would return on consent given or whether it would intervene in a case of impossibility of the expression of his will.
Article 25 If a definitive rejection of the remaining authentication, the findings of the magistrate stated in conclusion date according to art. 21 will not have any effect with regard to the consent of the parties and the date unambiguous official.
Article 26 If the entry meets the rigid conditions to be endowed with genuine form, the magistrate shall cover all official copies, as well as receipts, photographs, plans and any other documents and annexes will comply with authentication through ' agendas drawn up on request, signed by him and contrasemnată Registrar.
If the entry contains several coale, the visa will be done on each of them.
If the official text has been drawn up and in a foreign language in generally referred to in art. 6 visa authentication will be done only on the text in the Romanian language, with mention in the minute that only text in Romanian language has the power of a genuine enrolled.
Article 27 the authentication will be established by a protocol which will go on each of the copies of the official, after the signatures of the parties will show: a) date and place of investigating;
b Name of magistrate) and Registrar;
c) names of the parties and the fact their presentation in person or through an agent;
d) date and number and the authority procurei certified or official monitor in which the entry was published, if the party was presented by trustee;
It's the Way) the identity of the parties;
f) in the presence of official Reading parties and their statement that the entry was made with their consent and is subscribed by them;
g) how he got the consent of the parties do not know the Romanian language;
h) how the disabled have expressed their wills;
I) signature by the parties, in front of the magistrate, the official original made for files;
j) Statement part if you do not know or cannot sign the entry;
k) that neştiutorilor or those unable to sign himself ' impresiunea took digital, generally referred to in art. 11;
l) that, after the disposal of the magistrate, the parties or some of them, osebit signatures, applied and finger, generally referred to in art. 11;
m) Subscription copies, under the same conditions official, by his editor and lawyer who has attested to the identity of the parties, as well as their oral statement with regard to the drafting of official identity of the parties;
n) Appearing of the annexes;
a device with these offices) form the authentic which is expressed by the words "shall be declared authentic this inscribed", or other equivalent expresiuni.
It will make the mention and any declaraţiuni made by the parties, as well as about the fact that the money has been counted before the magistrate.
If the entry contains the translation into one or several languages, it will make mention that the text in Romanian language has the power of a genuine enrolled.
Article 28 the authentication protocol will be signed by the magistrate and countersigned by the Registrar, shall bear a serial number and will be endowed with the seal of the Court.
Article 29 the annexes shall be down will make the statement that they are part and parcel of the entry, which will be identified by number and date of record authentication and appearing to the Court that emanates from the rock.
This statement will be signed by the Registrar and magistrate contrasemnată and will be vested with the Court seal.
Article 30 official Copy and annexes signed in front of the magistrate, in accordance with art. 12, paragraph 1. 3, as well as certificates or documents filed with the request, the Court will retain authentication for the instrument, and the second copy or other copies and annexes, will be issued to the parties referred to in the request for authentication or for the benefit of which the entry was drawn up.
Article 31 the head of Department or his Deputy may delegate by simple resolution of a magistrate who, assisted by the Registrar, to investigate elsewhere than in the praetorium to the Court, in the following cases: (a)) in case of illness or old age, observed that, some would prevent to appear before the Court, the magistrate will delegate tool storage at the whereabouts of that person.
Failure of the submission in the praetorium of authentication will be established by medical certificate or in any other way;
b) If more residents to buy villagers will sell, Exchange, mortgage, comassa or take on lease times give a building, or if voesc to give power of Attorney in any of these purposes, the magistrate will be able to delegate to the City Hall where they instrumentâ domicile or residence of the parties;
c) when reasons of public policy prevents the submission of the parties in court or praetorium authentication when the parties are unable to leave their mission or service during working hours of the magistrate court, a delegate will be able to tool storage at the whereabouts of those parts.
Article 32 authentication is if the Court Tribunal, investigating, and the place is not in the place of residence of the Court, will be able to delegate one of the Magistrates Court in Vienna which is to do authentication.
Article 33 in the cases provided for by art. 31, the magistrate concluded authentication delegation will still show the delegation investigating the Court apart from the praetorium, and the place where the magistrate she shipped.
Article 34 the magistrate will be able to take it in isolation, but on the same day, after assessment, the consent of the parties given in writing by completing the different reasons that minutes be noted in the minutes.
Article 35 those who cannot or do not know how to read and write, may conclude legal acts only in authentic form if the value of the Act exceeds the 25,000 lei.
In same cases, where the amount of the legal act does not exceed 25,000 lei, the entry under hand which it finds will be valid only if it was subscribed by his writer and if you show in ' profession and took the name, domicile of two literate, witnesses who were present at the completion of Act and official.
Chapter III forms authentication Nulităţi Vices Article 36
Defects, omissions or errors in the minutes relating to the appearance of the authentication of the parties in person or through representation before the magistrate, taking consent and to establish the identity of the parties and witnesses, agents, constituesc question of absolute nullity of the procedure.
The same effect they produce any omissions or errors as regards the finding that the entry was read in the presence of the parties and shall be signed by him and in respect of the indication of the name of the magistrate and Registrar.
Any other flaws, omissions or errors, as well as those referred to in the preceding paragraphs, which can be reconstituted and covered by the contents of the minute, drawn up in accordance with art. 26, will not draw invalidity of official nor its value as an authentic instrument, even when authentic form is a legal document, solemnly laid down on pain of nullity.
Defects, omissions or errors in the contents sold the minute will be corrected by the judge has concluded, after his findings, concluding the proceedings on the application itself, countersigned by the Registrar.
Article 37 minutes of log that contain material errors or omissions will be corrected or entirely redone by presidential order, ex officio or at the request of the parties concerned, on the basis of declaraţiunii of will made by magistrate instrumentator.
Article 38 the incompetence of the magistrate cannot constitute a cause of invalidity of authentication if he instrumented the praetorium or competent court if instrumented elsewhere by virtue of a delegaţiuni flawed data pursuant to art. 31, or in the case provided for in article 4. 4.2 and if the parties have not been in bad faith.
Article 39 Authentication done by the judge of peace over his competence provided for in art. 3 of this law shall entail the nullity of the authentic form.
This invalidity will not be able to be invoked by the party or parties who by fraud made possible the overcoming of material competence.
Chapter IV children's Legalization authentic instruments in article 40 the parties and third parties will be able to obtain copies of any notarial act.
The head of the Court will be able to prohibit, by way of exception, to release copies of specific records on others than the parties, their representatives and successors, where applicants do not justify a legitimate interest.
This interdicţiune will not be revoked by the Superior Court than in degree.
Article 41 the legalization of children will be made by one of the clerks of the Court who has authenticated the entry.
When the copy is intended for reconstitution of the original lost, stolen or destroyed, legalization will make one of the Magistrates Court where the registered entry.
Chapter V Restoring authentic originals lost, stolen or destroyed and the issuance of duplicate Article 42 When a genuine original inscribed has been lost, stolen or destroyed, its reconstitution will be made at the request of the interested party, by the Court where he logged entry.
The application procedure will be judged, and with the remedies provided for in art. 104. civ.; If the parties do not agree, the request will judge according to the procedure laid down in the common law disputes.
In both cases they will cite the parties appearing in the writing or their successors.
The Court will be able to order the reconstitution of official immediately or will be able to provide that the procedure for reconstructing not to continue until 30 days after the publication of the extract from the presence of the application in the re-enactment, which will designate the Court or in the Official Gazette. In the meantime, the parties and third parties will be able to make întâmpinări, which will judge with his application of reconstitution.
Third parties which have been întâmpinări will not be subpoenaed. They will be able to present conclusions to the Court and put up at the close of desbaterilor.
Article 43 decision of reconstitution will become available the issue of a duplicate of the official, which will take the place of the original of the official lost, stolen or destroyed and it will produce the same effects as the Act reconstituted.
This duplicate will bear special mention about the decision for reconstructing and the purpose for which it was issued and shall be signed by the judges who signed the decision of reconstitution.
Article 44 When the parties appearing in ' authentic writing or their successors will jointly declare that the will of one or more duplicates from the Court which entered the authenticated act as soon as it has the Constitution and issue these duplicates.
Also, when a genuine original inscribed is intended to serve more people, sample any of interested parties will be able to request a duplicate of the official who will be and issue forthwith by the Court to which the logged entry.
If the application submitted to the instrument, any of the parties given in writing or their successors have made opuneri the issuance of duplicates of the registered establishment and issue the duplicates will be made in the Council Chamber, emergency, with the attendance of the parties after the procedure and with the remedies prescribed by the common law.
Duplicates will be in the form shown at art. 43, par. 2.
Chapter VI Appointment appended to Article 45 authentic authentic instruments are enforceable from the moment bonds found in writing exigibilităţii.
Background ready for ordination have appended are those provided for by the civil code and the code of civil procedure regarding the retention of bonds receivable shall be in writing.
Article 46 the ordination of authentic instruments appended will be made by the Court where they were authenticated or registered pursuant to article 51. 23, para. last.
Article 47 Sworn appended will comply with the request of the person on whose behalf the stipulated obligation.
In the application of these offices will be învedera the charging document, as well as the quality of the licensee's right and interests, official to ask for investiture.
Article 48 the Court shall examine the request in Council Chamber, without summoning the parties.
The conclusion will be motivated and is enforceable.
This conclusion is subject to the right of appeal referred to in art. 104 from civil procedure.
Article 49 applications for the annulment of the conclusion is appended to these offices will be available only on the path to execution contestaţiunii.
Article 50 If the retention of the Act is to be inferred from the circumstances that require fact-checks, the competent court will decide on the request, with the attendance of the parties, the Council Chamber after the procedure and with the remedies prescribed by the common law.
Article 51 shall be appended on the original title when it is in the possession of the party; in other cases, a duplicate issued under article. 43 or 44.
The table of contents is at in art. 135. civ. proc vesting appended to the Act will be passed in a special register of the securities enforcement and will bear the registration number.
Article 52 shall be appended will comply with once on the same title.
Article 53 the instrument permitting enforcement shall be issued to the party who called the ordination or person shown to her in demand for these offices.
The Registrar will mention the name of the person to whom he issued the title vested in the appended, so on this title, as well as on the original note to the instrument.
With the consent of the Court and whether it justifies a legitimate interest, will be issued to the party concerned one or more duplicates of enforcement, they mention about duplicate character and purpose for which they were issued.
Where enforcement has been lost, stolen or destroyed and if the party does not have a duplicate, it will be able to get his request addressed to the reconstitution of the Court supported that emanates from the presence of all the evidence available to the complainant.
The Court will have to draw from its records all the necessary data title what reconstitue. Copies of notarized on the title disappeared flying in possession of parts of a terţiu or of any authority, can serve to reconstitution; their submission will be ordered by the President of the Court, under the sanction of the periodic penalty payment in case of refusal.
Decision for reconstructing what will give you the original title will take place up to find him.
The above request will judge, in the Council Chamber after the procedure and with the remedies provided for in art. 42, para. 2 of this law and distincţiunile established there, quoting is always interested parties.
Chapter VII enforcement of authentic instruments and are enforceable titles in general in article 54 For execution of documents appended to and enforceable titles in general, the request will go directly to the competent court, after distincţiunile: a) the execution of securities and bonds of doing or of not doing it will fulfill the peace court or Tribunal in the constituency to whom is domiciled or resides or where the debtor was chosen by parties domiciled for execution After the value shown in the instrument permitting enforcement.
The forced rendition will then be able to do by the competent authority, and after value, in whose constituency find good;
b) enforcement and execution will be doing real estate Tribunal in whose constituency immoveable property or the Court chosen by the parties.
In parts, where, pursuant to article. 13 of law No. 389 of 22 June 1943 for the extension of civil and commercial legislation of the old Kingdom in Romania over the Carpathians, execution of real estate is done according to the law from 1881, LX with the amendments to the law on Court since 1912, LIV responsible for ordering the execution of a notarial act or a judgment given by a Court of a territory where the laws mentioned above are not applicable Court of Justice of the peace, is advising the Court that is located at funduară book which shall be entered the building.
Ordering the execution of real estate under a final judgment given in the processes started from a court where local laws are applicable to the above indicated, will be made by the Court which judged in first grade.
The enforcement procedure is to spot real estate situaţiunii real estate, regardless of the originating court dela enforcement.
Article 55 between several competent bodies, creditoru has the choice.
If the property is located in the district pursued two or more courts of the old Kingdom, the execution is going to be able to ask the Court of first instance in whose constituency is the headquarters of the operation.
If the property is located in the district pursued two or more instances, some of the old Kingdom and others over the Carpathians, enforcement will be required separately at each of these instances for the portion of the property located in the District Court or Tribunal in question.
Article 56 application for ordering the execution of the will countenance no without summoning the parties, by simple Ordinance, which will be subject to appeal in the rigid conditions of art. 104 from civil procedure.
Article 57 the competent court, under art. 53, for ordering the execution of, we can countenance no measures, the procedure provided for in the preceding article.
Title II Legalizing writing under hand chapter Jurisdiction to legalize the tribunals and Article 58 of the peace courts are competent to regulate their signature on any signed up for which the law does not require form.
Legalization of documents will be done by a single magistrate assisted by the Registrar, after the distincţiunile referred to in article 1. 5. Jurisdiction to legalize the rural courts and judges from the presence and mixed when moving in the communes of their constituency, situated at a distance of 15 km from the residence, to exercise their respective atribuţiunile at town halls.
Article 59 Commissioners of police in urban townships and rural townships in notaries are proficient to legalize the signatures of those persons who have their domicile or residence in their constituency, only in respect of the following: a) any powers of Attorney for representation in legal proceedings or for the administration of the Act or if the nature of the representation of the law does not provide for authentic form;
b) power of attorney to receive pensions or lefuri and receipts of any kind;
c) accounts and invoices for supplies of any kind and value;
d) medical certificates and generally any non-character entries.
Chapter II Procedure of legalisation of article 60 the courts and the authorities referred to in article 1. 58 and 59 shall be the only authentic policies of subscribing.
Signatures by putting finger or stamps of neştiutorilor or of those who can not, or series of blind, cannot be legalized.
Article 61 For underwriting the legalization part will be presented personally before the Court or competent authority with a written request accompanied by at least two copies of the official generally referred to in art. 6. One of the copies will be presented unsigned.
Article 62 Magistrate or competent official after will ascertain the identity of the party through one of the ways provided for in art. 12, will cover official copies, will ask part if one knows and can read and write, if the signature on the signed up is his own, and he will be required to become a party in front of its official copy unsigned.
Article 63 the legalization will be verified by a report that will go on each of the copies of the official.
The minutes shall include: a) Date;
c the name and quality of instrumentatorului);
d) in person, presenting the party's method of calculating its identity and official status;
It's that part of the entry) the statement is subscribed and that she knows and is able to host and read;
f) Subscription in front instrumentatorului of the image will be retained on file.
The minutes will be signed by the magistrate and countersigned by the Registrar, if legalization is made to a Court of law, and in other cases only the servant who had legalized the Act.
It will also contain an indication that the party was asked if he knows and is able to read and write, and answer them.
The minutes will be endowed with the Authority's seal.
Article 64 Copy signed in front of the magistrate or officer instrumentator, will be kept on file, and the other copy shall be issued to the party that will sign the receipt on the demand for legalization.
Article 65 the authorities who may issue the instrumented at the request of interested parties, copies of the entry whose subscription was legalized.
Article 66 the specimen signatures will be able to certify, after the rules of procedure as indicated above, special mention in the minutes of the legalization.
Article 67 shall not legalize (signatures on the records it finds a legal fact not ' pay stamp taxes and income tax proportionately.
Article 68 also will not legalize the signatures on the records whose content is manifestly contrary to public order and morality.
Article 69 the conclusion to reject the legalization of documents under private signature is subject to appeal referred to in art. 68 Law No. 394 dated 23 June 1943, to accelerate the judgments in civil and commercial matters.
Title III tax time definite Article 70 Tribunals and courts of the peace, judges and judges such as when will the rural municipalities of tool storage located at a distance of 15 km from the capital city will be able to give you definite date records of what will be present for this purpose.
Formality învestirei with definite date will perform a single magistrate assisted by the Registrar, after the distincţiunile referred to in article 1. 5 in article 71, the magistrate shall cover the entry submitted, shall order the registration of the application and will conclude down the official minutes summary showing the fact his presentation to the Court concerned, the date and number of that registration, as well as official status.
The minutes will sign the magistrate, shall be countersigned by the Registrar and shall be învesti with the seal of the Court.
The original official, noting the date certain, will be issued to the party concerned, whichever shall file a copy for colaţionată Registrar, and certified as such by the magistrate of instrumentator.
These are not dispoziţiuni to derogation as prescribed by art. 1182 and 1188 of the civil code and the special regulations laid down in the field of commercial law.
Article 72 Dispoziţiunile art. 67-69 are common and this title.
Title IV children's acts Legalization Article 73 Courts, district courts and justices of the peace of these judges, when will the rural municipalities of tool storage located at a distance of more than 15 km away from their residence, are proficient to issue certified copies of records on what will be presented by the parties, either under private signature, whether legalized or emanating from any other authority ' of Romanian.
Will also be able to issue certified copies from the Romanian public prints.
Legalization will be done by a single magistrate assisted by the Registrar, after the distincţiunile referred to in article 1. 5. Article 74 Part will make the entry you require issuance of certified copy, together with at least two identical copies. The magistrate will cover entry and will provide that the clerk of the Court to proceed to their children to identify the collation with the entry in question.
On the basis of paragraphs Registrar, the magistrate will give the resolution to issue the copy of the legalized, ending in this sense a report on each of the copies, one of which will be retained for the Court.
Article 75 Copies notarized on plans for whose completion is required specialized training, will be issued after the above rules, on the basis of colaţionării by an expert, who will make his attested by magistrate duly sworn, according to art. 196. civil proc.
Article 76 the legalization of children will be able to do either on full text of official or parts determined by text, in which case it will make special mention that legalizing a extracted from enrolled.
Article 77 the Tribunal undivided and responsible commercial sections at the courts divided into two or more sections, will legalize, upon request, extracts from commercial registers, even for non-binding or irregularly held.
Article 78 the legalization will be done by a single magistrate, assisted by Registrar or its Deputy.
Article 79 Statements shall be drawn up at least in duplicate. The magistrate shall verify the accuracy of the statement and the way of keeping the register, after which it will cover the posts or entries listed in the excerpt and will end at the bottom of each copy of the extract of the minutes of the legalization, noting its findings.
One of the copies of the extract will be retained for the Tribunal.
Article 80 Dispoziţiunile art. 67-69 are common and this title.
Title V competence of notaries public and authorities and instituţiuni, chapter I
Notaries public to authenticate and legalise documents, to give definite date and to certify copies of entries 81 Article apart from the courts, referred to in art. 2-4, where the works of public notaries are also competent to authenticate the records of any nature and value, between any persons irrespective of their domicile or residence, to legalize a document under hand and give the definite date of such records, and to regulate their children's records and extracts from commercial registers or private, what will be present for this purpose in their Office.
Article 82 Are applicable, by similarity, and notaries public, dispoziţiunile art. 6-15, 17, 23-30, 34-38, 60-68, 71-77, 79 and 80 of the Act.
Article 83 the notary public's Office will end from tool storage on its premises.
He will be able to tool storage and the parties in the cases referred to in article 1. 31, citing the mention in the minutes about why authentication and proof of who plays for taking the parties ' consent.
Article 84 the notary public will be able to edit what personal records be made in authentic form, which can be written by hand or with a machine. In this case, the entry will contain the entries provided for in art. 27, with the exception of that referred to. an Entry will be signed. notary, witnesses or the second notary public, and the parties. He will bear a serial number and will be entrusted with the seal of the notary.
Records drawn up by lawyers or, in the cases referred to in article 1. 7, paragraph 1. 2 and art. 8, the Parties shall authenticate by notary public in redacţiunea.
Article 85 For wills, the notary public will tool storage in the presence of two adult witnesses, and, enjoying a good reputation attested by notary public on his own responsibility.
There may be people who are witnesses relatives up to the fourth degree inclusive with the testator, the will beneficiaries or with notary public, or which are in the service thereof.
The presence of witnesses is not necessary if the notary public will be assisted by a second notary public.
Witness Office is free. They will be able to claim compensation for travel expenses, which in the case of misunderstanding-it will be fixed by the judge of peace through Presidential Ordinance, given according to art. 67 of law No. 394 dated 23 June 1943, to accelerate the judgments in civil and commercial matters.
Article 86 the notary public, who has sworn translator, will be able to get without the consent of the performer, the parties do not know the Romanian language and expressing their wills in one of the languages referred to in autorizaţiunea.
If the notary public does not have the authorization of the consent of the parties, who do not know Romanian language, it will take you through an interpreter.
In these cases, as well as those provided for in art. 15, para. 2, when the statement will be taken through an interpreter, the appointment will be made by the Court of Justice of the peace, before which the interpreter will perform the oath prescribed by art. 16. paragraphs 1 and 2. 2. the present law before carrying out his Office.
This will make mention in the minutes.
Article 87 where provided for in art. 18, 19 and 20, the notary public will reject the authentication protocol, that will contain the motivated and finding the circumstances referred to in article 1. 27. For approval of authentication in these cases, either party, given in writing shall be able to address the Court in whose constituency is the notary public.
The Tribunal shall judge, with the attendance of the parties after the procedure and with the remedies referred to in article 1. 104 civil proc..
If the application is well founded, the authentication will comply with rules set out in art. 23. Article 88 the notary public will form papers records authenticated in his Office, that they will preserve the order for 30 years, after which they will teach at the State Archives.
In the event of an dismantling his Office, the notary public will teach peace Court in Vienna which works, all archive documents authenticated by him.
Article 89 Restoring records prepared in authentic form or authenticated by notaries public, lost, stolen or destroyed, within the competence of the Tribunal in whose constituency is the notary public.
Demand for reconstitution will judge according to art. 42 of this law.
Article 90 in the cases provided for by art. 44. the notary public will be able to issue the duplicate records from the form's authentic or authenticated in his Office, at the request of any interested party.
If any of the parties listed in the writing or the successors they did opuneri the issuance of duplicates of the enrolled, the notary public will not issue duplicates required than under a Presidential Ordinance summoning the parties ' data, according to art. 67 and 68 of the law No. 394 dated 23 June 1943, to accelerate the judgments in civil and commercial matters.
Article 91 public Notaries will not issue duplicates or copies of entries in the form's authentic or authenticated in their office until after the justification for the payment of stamp duty and tax in proportion to the authentic instrument.
Article 92 Records prepared in authentic form or authenticated by notaries public will be appended to the învesti Court of peace in which the notary public constituency is located, if the parties have not chosen the jurisdiction of other judges.
Chapter II Authentication, legalization and sworn with definite date of records by the consulates of the foreign legaţiunile and Article 93 abroad, records of Romanian citizens will be able to authenticate, legalize or învesti with the definite date of the Romanian consulates or legaţiunile after the competence determined by the laws and regulations in force and in accordance with international principles of practicei generalmente admitted, however, observing the procedural rules laid down in this law.
Article 94 consular or Diplomatic Agents proficient will the Consulate or tool storage legaţiunii.
Article 95 consular or diplomatic agents Incompetence is a cause of nullity of authentication or legalization, after the investigation of nature, subject to the second subparagraph of article dispoziţiunilor. 38 and 39, paragraph 1. 2. Article 96 the parties will be able to draw up single documents to be authenticated or legaţiunile Romanian consulates abroad.
Article 97 reconstitution of authenticated documents or legaţiunile Romanian consulates abroad will require the Tribunal in whose constituency is domiciled or resident debtor, and if the debtor does not have neither their domicile nor residence in the country of domicile or residence of the Court of first instance of the creditor or of the one chosen by the parties.
Article 98 issue of duplicates in the cases provided for by art. 44, will be made by the Consulate or legaţiunea that has logged the Act if not opuneri were produced.
Also the issuance of duplicates of papers certified by Romanian consulates abroad or legaţiunile will be able to make any court in the country, if all parties listed in disagree are enrolled.
In other cases, the issue of duplicates will be ordered by the Court of first instance in whose constituency is domiciled or resident debtor, and failing that, the Court of the domicile or the residence of the creditor or of the one chosen by the parties.
Article 99 Laws authenticated by diplomatic and consular authorities abroad will Romanian învesti appended by the Tribunal in whose constituency is domiciled or resides, the debtor, and if he has no domicile nor residence in the country, the Court of first instance, the notary, if the parties have not chosen the jurisdiction of another court.
Chapter III public authorities with special competence and instituţiuni authentication Article 100 mayors of rural communes, public authorities and instituţiunile, which are linked by special laws were ' gave the power to authenticate certain entries, keep this competence; they will comply, but the authentication rules provided for in this Act, if the special law does not derogate from the presence of them.
Article 101 Authentication of public authorities and made instituţiunile referred to in the previous article, over their competence granted by their respective laws, constitutes a case of absolute nullity the authentic Article 102 Parties will be able to draw up single records what public authorities or authenticated by the competent instituţiunile, pursuant to article 100.
Article 103 When authentication is done by a public authority, authentication will be fulfilled by the head of the authority or official indicated by the law, and when authentication is done to the instituţiuni this jurisdiction by special laws, authentication will be fulfilled by the Director of training at the signature.
The official of the competent authority will the tool storage or training and will be assisted by a Secretary.
Article 104 authentication protocol will include the following: a) date and place of investigating;
b the name and grade of the staff member) instrumentator and Secretary;
c) Finding the identity of the parties;
d) Statement of will of the parties or of the contract of adhesion with the respective institution;
e) authentication Device.
In the case of neştiutorilor or of the infirm, would never make mention of reading from Word to word about their official and willingness to acquiesce to the act, the manner in which infirmul has expressed willingness, within the meaning of art. 15 of this law.
Article 105 the minutes will sign the instrumentator agent and Secretary, will be given a serial number and will be endowed with the Authority's seal or training.
Article 106 Entries will record in the order of entry into a special register of authentic instruments, which will be sought by the parties.
Article 107 of the Public Authorities and instituţiunile with special competence to authenticate certain documents will conform, with regard to the preservation of the documents authenticated, bonds referred to in art. 88 for notaries public.
Article 108 Restoring originals lost stolen or destroyed, as well as the issuance of duplicates of the Tribunal's jurisdiction are in Vienna which is the public authority or instituţiunea who has logged in the Act.
Article 109 Records authenticated by public authorities and of the instituţiunile referred to in article 1. 100, învesti will be appended to the courts provided for by the special law if the special law does not hold in this regard, ordination appended will be made by the Court of Justice of the peace in the district which is the public authority or instituţiunea who has authenticated the entry.
Dispoziţiuni and transitorii at the Court of first instance Article 110, the notary of the Testaments, authentic record shall be established and mystical in the entire country.
All courts and notaries public who invested with genuine formula wills what both were presented through testimony or who cancel or change these as well as the courts, which have been given preservation, in wills mystical Ilfov Tribunal will communicate to the notary's Office, no later than 10 days after receipt or from the presence of such authentication measures, and in terms of mystical wills , and those deposited up today in courts of law, the name and domicile of the testator, pronoun or the declarant, authentic nature or of testamentary disposition, date and number of that have been certified or registered with the Court or the notary public.
Article 111 For recording these entries shall set up and keep, everyday, one general and one alphabetical list.
Entries in these opise will be done under the direct supervision of the first officer, who is also opiselor Conservatory.
These opise have a confidential information regarding the mystical, wills will not be able to give any kind of informaţiuni or certificates, unless proof of the termination of life of the testator.
Article 112 to record authentic instruments, requests for legalizing writing under hand, requests for release of definite date or for the issue of certified copies will establish a unique registry entry and exit, entry requests for the purposes above and out of protocols or discharges of rejection to operate simultaneously and with the same number.
Article 113 the Minister of Justice will be able to establish through the year, the maximum tariff of fees due for notaries public acts drawn up by them in authentic form or authenticated in their Office, as well as for the various tasks or parts received dela dela judicial authorities.
In the same way they will be able to determine and gratuities successions in favour of certain categories of heirs.
Article 114 of the law Dispoziţiunile to organize the body of lawyers, concerning the right of lawyers to give definite date and to legalize the signatures on incoming judicial procurile dela parts, remain in force.
Article 115 Dispoziţiunile art. 861-863 of the civil code, the law dispoziţiunile to authenticate documents 1 Septemvrie 1886, as amended, the law dispoziţiunile from 1874 and BYOMKESH in 1886, as amended, relating to authentication and legalization of documents and issuance of duplicates and copies from the documents, and dispoziţiunile any other law to the contrary, shall be repealed.
Article 116 of this decree-law shall be implemented on May 1, 1944, Septemvrie.