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Law No. 260 Of 4 April 1945 Concerning The Legislation Applicable In Northern Transylvania, As Well As To Rights Acquired In This Territory, During The Operation Of The Hungarian

Original Language Title:  LEGE nr. 260 din 4 aprilie 1945 privitoare la legislaţia aplicabilă în Transilvania de Nord, precum şi la drepturile dobândite în acest teritoriu, în timpul operaţiunii ungare

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LEGE no. 260 260 of 4 April 1945 regarding the legislation applicable in Northern Transylvania, as well as the rights acquired in this territory, during the Hungarian operation
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 78 of April 4, 1945



MIHAI I, Through the grace of God and the national will, King of Romania, To all present and future, health: On the report of our Minister of State to the Department of Justice with No. 339.560 of 2 April 1945, Seeing the journal of the Council of Ministers No. 549 of 1945; Based on the provisions of the high royal decree No. 1.626, published in the Official Gazette No. 202 of 2 Septemvrie 1944: We decreed and decreed: + Chapter 1 + Article 1 Romania's legislation, of any nature, with the exceptions remaining in force in Transylvania, extends throughout Transylvania liberated from the Hungarian occupation imposed by the Vienna dictatorship of 30 August 1940. + Article 2 By way of derogation from the provisions of art. 1, the acts committed and the rights acquired in Northern Transylvania, between 30 August 1940 and 25 Octomvrie 1944, in accordance with the laws put into force by the occupying power, will be respected, if they are not contrary to the Romanian public order. + Article 3 The legal acts and rights acquired under Hungarian ordinances No. 1,440 of 1941 M.E.; No. 1.630 of 1941 M.E.; No. 5.200 of 1943 M.E.; No. 970 of 1943 M.E.; No. 3,710 of 1943 M.E.; No. 2780 of 1941 M.E.; No. 18.900 of 1941 I.M.; No. 3.400 M.E.; No. 2,660 of 1942 M.E.; No. 9.370 of 1940 M.E.; No. 8.230 of 1940 M.E.; No. 50,000 of 1942 M.E. and in general, pursuant to any legal or regulatory provisions discriminatory Hungarian. Discriminatory, within the meaning of the present law, those provisions legal or Hungarian regulation, derogators from the Hungarian common law, which were applied only in Northern Transylvania or in this land and in the other territories occupied by Hungary, after 15 March 1939. + Article 4 The decisions rendered under the Hungarian laws, by the criminal courts of the occupying power, for acts committed in Northern Transylvania, during the occupation are void of law: a) If you pronounce condomnations for acts that, according to the Roman laws, do not constitute b) If, according to the Romanian laws, public action could only be opened under a prior complaint, which was not made, or was valid restricted; c) If the act, for which it was rendered constitutes a political offence. + Article 5 The final criminal decisions, which, according to the provisions of the previous article, are not void of law, will be subject to review: a) In order to reduce the punishment if the Romanian law provides for the same facts, a sentence easier than the Hungarian law; b) For the transformation of the sentence into one corresponding to the Romanian law as The request for cancellation or revision shall be addressed to the competent court, in the constituent of which the offence was committed. + Article 6 Those convicted in absentia can ask for a retrial, according to the Romanian law, if the term for prescribing the sentence has not expired. + Article 7 With the exception of the criminal decisions handed down by the courts of the occupier, recognized, valid by the present law, the crimes committed in Northern Transylvania, during the occupation, will be pursued, judged and punished according to the Romanian laws, without however the punishment can be more harsh, than that provided for the same facts, by the Hungarian law. If acts were committed, which according to the Hungarian law do not constitute crimes, the perpetrators will be defended from punishment. The Romanian criminal laws will apply exclusively, without consideration to the provision of Hungarian criminal laws, crimes against the safety of the Romanian State, crimes of falsification of Romanian metal coins, public effects, Romanian bank tickets, of stamps or national marks, offences of offence against honour, prestige or interests of the Romanian nation or of the Romanian State. Provisions of art. 603-606 including from the criminal code and 666-670 including from the criminal procedure code will be applicable. + Article 8 In civil or commercial matters, judicial or arbitral decisions, rendered in Northern Transylvania, during the occupation, shall be recognized and executed in this territory in the conditions of this Article, if by the present law no Dispose otherwise The tribunal of the place of execution, will approve by the sentence given with the citation of the parties, the investiture of these decisions with the execution formula, if they have remained final and are not contrary to the Romanian public order. Authentic acts drawn up by public notaries, in the same era and in the same territory, will be invested with the enforceable formula, without citing the parties. + Article 9 The actions introduced according to the laws put into force by the occupying power, will continue to be tried, with the application of the Romanian procedural laws, by the competent courts, after the latter laws. The conventions to extend the jurisdiction of the courts, valid according to the laws of the occupier, will produce their effects, except if according to the rules of public order stipulated by the Romanian law, another court would be competent, than that agreed by the parties. + Article 10 In cases where, by applying the provisions laid down by the previous article, the pending trials pass in the jurisdiction of another court, than that which took the place of the court instituted by the occupant, the files will be sent, from office, the competent court to judge them, according to the Romanian law + Article 11 When the competent court cannot determine the dispute, or when the competent court cannot be vested with the judgment of the case, because of an impossibility in fact, the Court of Cassation will indicate, at the request of any of the parties, the court competence. + Article 12 The procedural documents carried out during the occupation will produce their effects, according to the law under which they were met. + Article 13 The evidence administered in the conditions provided by the occupant's law, remains valid. The evidence admitted by that law will be administered according to Roman law. + Article 14 The applications, which on the date of entry into force of this law, are pending work at the land registry court will be resolved, according to the Romanian land book laws. + Article 15 The perimation of actions, appeals, appeals, requests for review, appeals and oppositions that are found suspended or in non-working, will take place within 3 years, counted from the date when the trial was suspended or left in non-working, but that this term can be counted fulfilled before the passage of a year after the publication of the present law. + Article 16 The decisions rendered during the occupation, remain subject to the remedies provided by the law under the empire to which they were pronounced. However, when the Romanian law provides for other remedies, than those provided by the law of the occupant, the party can also use the latter. + Article 17 Since the entry into force of this law, no decision can be appealed with appeal until with the fund. + Article 18 The rights will be exercised within the time limits provided by the occupant's law, if these deadlines began to flow during the occupation. If, however, the corresponding period provided by the Romanian law, counted from the publication of this law, would expire before the term of the law of the occupant, the provisions of the Romanian law will apply. + Chapter 2 Effects of the abolition of discriminatory Hungarian ordinances + Article 19 The legal acts declared void by art. 2 of ordinance No. 1.44O of 1941 M.E.; of art 2 of ordinance No. 1.630 of 1941 M.E.; of art. 22 of ordinance No. 5,200 of 1943 M.E., as well as of any other discriminatory Hungarian ordinances. The broadcasts of rights carried out by virtue of the above-mentioned ordinances, for the benefit of the Hungarian State or the Hungarian legal entities, as well as the rebroadcasts of these rights to the subdobinders, are void of law. Property rights and other tabulated rights, entered in favour of the persons provided for in the preceding paragraph, shall be radiated ex officio, restoring the previous tabular state. Also, the entries made after March 15, 1939, declared void by the above-mentioned Hungarian ordinances, will remain valid, and the judge will restore, ex officio, the tabular state. + Article 20 If the right to ask for registration in the land register of property or lease right was restricted by the provisions of ordinances No. 1,440 of 1941 M.E.; No. 2,780 of 1941 M.E. and No. 3,710 of 1943 M.E. or of other Hungarian ordinances. discriminatory, the interested one will be able to ask, even against third parties, both the registration of ownership or lease, and the deletion of entries, made in the land register for the benefit of third parties under the contract concluded with the tabular author. May benefit from the provisions of the previous paragraph and the persons provided by art. 4 of ordinance No. 1,440 of 1941 M.E., of ordinance No. 18.900 of 1941 I.M. or of any other discriminatory Hungarian ordinances, if, because of the refugee or expulsion, were counted as having lost the Hungarian nationality and as a result they did not could acquire the property or another real right on buildings in Northern Transylvania. The land registry courts will follow the applications for registration in the land register, introduced after March 15, 1939, which have not been resolved due to the restrictions provided by the said ordinances. Registration will be made on the date of registration of the initial application, radiating all subsequent entries. + Article 21 They are also branches of law by which the Hungarian State directly or through the intercession of some institutions exercised the right of pre-emption, pursuant to art. 5, para. 2, of the ordinance No. 1,440 of 1941 M.E. or of other discriminatory provisions or would be subrogated in the lease contracts of which speech is made in the same article. The displacement and the constitutions of real rights, on the preempted buildings, directly consented or through the intercession of some institutions by the Hungarian State, are void of law. The entries made in the land book, in favour of the Hungarian State, will be radiated at the request of the one interested or ex officio, if the deletion was not requested for 3 years after the promulgation of the present law, or if the price of pre-emption was consumed, and the container was filed with the court. The rights and obligations arising from the legal acts prior to the exercise of the right of pre-emption by the Hungarian State, remain untouched. + Article 22 The right of pre-emption of the Romanian State shall be considered extinguished, if the term for its exercise was in the drain on August 30, 1940. + Article 23 The processes started based on art. 6 and 7 of the ordinance No. 1,440 of 1941 M.E., or based on the similar provisions of ordinance No. 3.400 of 1942 M.E., or other discriminatory Hungarian ordinances, will be considered extinguished, and the court will order ex officio, the closure the file, if the pirate does not ask, within 1 year from the date of publication of the present law, the rejection of the action with costs and possibly, if the applicant's action was temerary, damages. + Article 24 Decisions given pursuant to art. 6 or 7 of ordinance No. 1,440 of 1941 M.E. or on the basis of provisions similar to ordinance No. 3.400 of 1942 M.E. or other other discriminatory Hungarian ordinances, as well as judicial or extrajudicial transactions, concluded to prevent or extinguish the processes born from the application of the legal provisions mentioned above are and remain void. The party that was obliged, on the basis of such a decision or transactions, to pay a sum of money with the title of compensation, will be able to ask, on the way of the common law, to the court provided by art. 32, the return of the amount paid, with interest from the date of payment, the restitution of the costs from the previous process, as well as damages if the applicant's action was temerary. Displaced goods, following the execution of decisions or transactions provided by par. 1, will be returned under the conditions of art. 26 and the next of the present law. + Article 25 The insurance or enforcement measures, the attachment and the sequestration established, as well as the auctions ordered on the basis of the decisions or transactions mentioned in the previous article, are abolished. + Chapter 3 Refund of goods + Article 26 The buildings will be restored in nature, in the state in which they are found. The natural fruits, effectively collected, as well as the civil fruits acquired until the date of handing over the property, will be returned to the holder of the right of restitution. The holder of the right of refund will be able to ask for the common law, from the court provided in art. 23 compensation for damages suffered by the building, except those arising from fortuitous case or force majeure, as well as the costs of the previous trial. Thus, the owner of the property will be able to ask for the full return of the necessary expenses, and of those useful only to the extent of the value of the building. In the case of new constructions, the provisions of art. 494 of the civil code, regarding the bad faith owner. The one obliged to the refund will not have the right to retake on the property. + Article 27 The lease contracts concluded after August 30, 1940 by those whose rights are abolished by the effect of the present law, regarding the buildings subject to restitution, shall be deemed terminated, fully right, on the date of this law. Housing rental contracts, industry trade venues, trades, factories, schools, dormitories, nightspots, concluded by those whose rights are abolished by the present law, will be able to terminate, at the request of the holder. the right of restitution. The court will order the evacuation of the tenant only at the end of the housing semester, during which the termination of the contract was pronounced. However, the tenant will be able to be evacuated immediately, if the holder of the right of restitution has lived, he, the author or his family, the apartment, on August 30, 1940 and if he proves that he does not have in the locality a dwelling suitable for his shelter and of his family. It shall be considered as part of the family, within the meaning of this article, the husband or wife, the relatives in direct line, and the collateral up to the third degree inclusive, under the condition of being inhabited with the holder of the right to restitution or the author to him. The provisions of the previous paragraphs by this article will not apply to tenants who are actually mobilized in the area of operations, civil servants and small craftsmen or workers with a monthly income up to lei 50,000. The contracts of these tenants are extended in accordance with the law for the regulation of relations between landlords and tenants. + Article 28 The bonds born from the tenancy contracts, for the tenants provided for in the last paragraph of the previous article, will be established and recalculated, from the date of publication of the present law according to the law No. 224 of 6 April 1943, for the regulation relationships between landlords and tenants, as amended. + Article 29 Amounts collected by way of compensation by the one obliged to the refund or by his authors, under an insurance contract or as a result of a civil offence or failure to fulfil a contractual bond, regarding the subdued building the refund, is due to the holder of the right of restitution, which is subrogated in all the rights and shares of the debtor of the refund. + Article 30 The depositor will be able to request the return of the amounts found in the court deposit, if the action provided by art. 32 of this law, was not filed within 3 years of the publication of the present law. If the process has started, the amount deposited is particularly affected to the refund of the price and, possibly, the creditor balance that would result from the application of the provisions of art. 26. + Article 31 The real rights, previously constituted by the implementation of the ordinance No. 1,440 of 1941 M.E., or other discriminatory Hungarian ordinances, shall be restored in their rank, if in the meantime they have not been extinguished according to the rules of common law. The actual rights acquired on the property subject to restitution from an author who has acquired, through the application of a discriminatory Hungarian ordinance, or from its undertakers, will be transported, on the price and compensation due to the obliged to refund. + Chapter 4 Procedural provisions + Article 32 The action in finding nullity, in the restitution of the property and in the restoration of the previous tabulation state, founded in this law, will be judged by the court of the building. If the building or buildings are located in the constituency of several judges, the application will be possible to introduce to any of these judges. The judgment will be made urgently and in particular, before all sorocite processes on the same day. The plaintiff will be able to request, by way of ordinance given art. 67 of Law No. 394 of 23 June 1943 , for the acceleration of judgments in civil and commercial matters, its implementation in the possession of the property of which it was stripped, as well as the provisional restoration of the previous tabulation state. In the latter case, it will be ordered to note the deletion of the right inscribed in favour of the one obliged to the restitution and provisional restoration of the tabular state; the justification will be made under the final and irrevocable decision, given on the fund, according to par. 1. The execution of the ordinance will not be able to be suspended, even with bail. The ordinance will not be able to appeal against the appeal; the appeal or appeal will be made with the decision given on the fund. + Article 33 If the claimant, asks with the restoration of the previous tabulation state, and the staggered payment of the refund price, the court, in case of admission, will compel him to file, immediately, the first rate, and in order to guarantee the price, left unpaid, will order a mortgage in favour of the creditor. Under the same conditions it will be possible to admit the staggering of the amounts to be paid as compensation, for the investments approved by the decision given on the fund. + Article 34 The lifting of insurance measures and the cancellation of tracking acts, as well as the termination of rental contracts will be made by way of ordinance, the right date art. 67 of Law No. 394 of 23 June 1943 , to accelerate judgments in civil and commercial matters. + Article 35 The requests provided for by this law shall also be made by the universal or universal successors of the holder of the right of restitution, even if it has died before the entry into force of this law. + Article 36 In all cases where they are to be sued, based on this law, a pirit that does not have its domicile or residence known in Romania, it will be quoted only through its procurator in the country. If he does not have a procurator with his domicile known in the country, the court will appoint him, at the request of the interested party, or ex officio, All citations and communications of papers will be made to the curator. The provisions set out above shall also apply if an application is made to be resolved on a graceful basis. + Chapter 5 Miscellaneous, final and transitory provisions + Article 37 The provisions provided for by this law shall apply, accordingly, and if the dispossession has been made pursuant to the measures taken by the Ungare Occupation Military Command or by the civil administrative bodies. The function of the curators appointed by the courts or by the Hungarian military or civil authorities shall cease to be full on the date of publication of the present It also ceases to empower the administrators or any other bodies responsible for the administration of the dispossessed goods. + Article 38 Segregation processes declared extinguished by art. 16 of ordinance No. 1,440 of 1941 M.E., will reopen at the request of those interested. These processes will be judged by the provisions of the laws, regulations and ordinances in force on August 30, 1940. + Article 39 Whenever entries cannot be made in the land book due to the loss, evading or destruction thereof, they will be made in the land record book, which will be drawn up at the request of the holder of the refund right, if done. proof that he is a tabular author, or asked for registration in the land book, and the application was rejected or was not put into work by applying any Hungarian discriminatory provision. In these cases, the provisions of the law for the preparation of land records will be followed. If the preparation of the land record books was requested pursuant to a previous application for registration in the land register, the certificate of possession provided by art. 8 of the specified law, will not be required. + Article 40 Applications, actions and any other procedural, judicial or extrajudicial acts, made under this law, shall be exempt from any stamp duty or tax. + Article 41 Provisions art. V of the law No. 487 of 10 Octomvrie 1944 The organization of the Commissariat for the administration of the liberated regions of Transylvania, is interpreted in the sense that the occupants ' legislations there are declared without legal being. + Article 42 Until the courts and the Romanian authorities are established, the course of civil, commercial, tax or criminal judgments of any kind, as well as the flow of any term that conditions the exercise of a right or its extinction, is suspended. The criminal cases, in which the defendants are in custody, will be tried, exceptionally, by the military courts in the operative area, but according to the norms of common law. Also the provisions regarding the conclusion and formation of legal acts and the competence of instrumentation, provided by laws for the military in the operative area will also be able to apply to the inhabitants of the liberated territories. Given in Bucharest on 3 April 1945. MIHAI Justice Minister, Lucretiu Patrascanu ---------------------------