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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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 the ISSUING Hungarian PARLIAMENT Published in MONITORUL OFICIAL NR. 78 of 4 April 1945, Michael I, by the grace of God and the will of the King of Romania's national team, all from the face and future, on the report of the Minister of health: Our Secretary of State at the Department of Justice with no. 339,560 of 2 April 1945, Seeing diary of Council of Ministers No. 549 of 1945;
Based on dispoziţiunilor high Royal Decree No. 1,626, published in Official Gazette No. 202 Septemvrie 2, 1944: I decreed and decretam: Chapter 1 article 1 Romanian Legislation of any kind, with the exceptions of the remaining force, extends throughout Transylvania, awarded by the Hungarian occupation imposed by the second Vienna award, on 30 August 1940.

Article 2 Notwithstanding the dispoziţiunile art. 1, the acts committed and acquired rights in Northern Transylvania, between 30 August 1940 and 25 Octomvrie 1944, in accordance with the laws put into force the power of student will be respected if they are not contrary to public order.

Article 3 am and remain without legal acts being committed and rights acquired under Ordinances Hungarian No. 1941 1,440 M.E.; The 1941 No. 1,630 M.E.; No. 1943 5,200 M.E.; No. 970 of 1943 M.E.; No. 1943 3,710 M.E.; The 1941 No. 2780 M.E.; The 1941 No. 18,900 I.M.; No. 3,400 M.E.; Nr. of 1942 2,660 M.E.; No. 1940 9,370 M.E.; 8,230 No. 1940 M.E.; No. 50,000 since 1942 and in general, M.E. pursuant to any legal or statutory Hungarian dispoziţiuni discriminating.
Count discriminatory within the meaning of this law, those statutory or regulatory dispoziţiuni, derogating from the common law, which have not been applied than in Northern Transylvania or in this and in other territories occupied by Hungary after on 15 March 1939.

Article 4 Decisions handed down under Hungarian laws, the criminal courts of the occupying power, for the acts committed in Northern Transylvania, during ocupatiunei are null and void: a) if rule condamnatiuni for facts which, according to Romanian laws do not constitute offenses;

b) If, after the Romanian laws, public action could not open except by virtue of a prior complaint, which has not been made, or has been, a valid restricted;

c) If the deed for which he was given constitutes a crime policy.

Article 5 criminal Decisions, which, according to article dispoziţiunilor of the previous are not null and void, shall be subject to revision: a) to reduce the penalty if Romanian law provides for the same facts, a sentence lighter than the Hungarian law;

b) for turning punishment into one corresponding to the Romanian law as nature and duration.

Application for annulment or review shall be addressed to the competent court after circumscriptiunea, in which the offence was committed.

Article 6 those condemned in absence can request the reconsideration process, according to the Romanian law, if the term for prescribing punishment has not expired.

Article 7 criminal judgments handed down by the excepţiunea courts occupant, recognized, valid law for crimes committed in front of Northern Transylvania, during ocupatiunii, it will follow, judge and punish after the Romanian laws, but that the punishment may be more severe than that provided for the same facts, the Hungarian law.
If you have committed acts which under Hungarian law, no constituiesc, faptuitorii will be shielded from punishment.
The Romanian criminal laws shall apply exclusively, without consideration to the Hungarian dispoziţiunea applicable criminal, crimes against the safety of the Roman State, the offence of counterfeiting of coins, the effects of public tickets, stamps, Bank or national trademarks, the offence of causing offence against honour, prestige in the times of the Romanian nation or interests of the State.
Dispoziţiunile art. 603-606 of the criminal code and the 666-670 inclusive of the code of criminal procedure will be applicable.

Article 8 In civil or commercial matters, judgments or arbitration awards, in Northern Transylvania, during the ocupatiunii, shall be recognised and enforced in this area in the very top of this article, if the law of the face not provided otherwise.
The Court of the place of enforcement, will incuviinta through the verdict along with the attendance of the parties, these investment decisions on enforceability, if definitive and are not contrary to public order.
Authentic instruments drawn up by notaries public in the same era and in the same territory will be invested with appended, without summoning the parties.

Article 9 made according to the laws of Actions introduced in the force strength of the student, will continue to be judged, with the application of procedural laws, competent courts, after these latter laws.
Convenţiunile of the extension of the scope of the courts, albeit after its occupant, laws will take effect, except only where the rules of jurisdiction laid down by the public order law, Romanian would be within the competence of another court, than that agreed to by the parties.

Article 10 In cases where, in accordance with article dispoziţiunilor above, developing processes of reasoning within the competence of another court pass, than that which has taken place the Court established by the occupant, the files will be sent, on its own initiative, the competent court shall judge them after the Romanian law.

Article 11 When it cannot determine the competence of the Court to judge the dispute, or when the Court jurisdiction may not be vested with the judgment of the case because of a fact, impossibilities Court of Cassation, indicates, at the request of any party the Court jurisdiction.

Article 12 procedure acts fulfilled during the rule will take effect, according to the law under which have been met.

Article 13 Samples generally administered in accordance with the law, remain valid for the occupant.
The evidence admitted that the law will be administered according to the law.

Article 14 Requests that at the date of entry into force of this law, is undergoing work at the Court of the land register will be resolved according to the laws of the Romanian land register.

Article 15 calls, Obsolescence appeals, requests for review, appeals and opoziţiilor which are suspended or lost not in will take place within a period of three years reckoned from the date when the process was suspended or left without lost not like this term can be counted fulfilled before the passage of one year since the publication of the law.

Article 16 Decisions handed down during the occupation, remain subject to the rights of appeal provided for by the law under which they were handed down. However, when Romanian law provides for other horses, other than those provided for by law, the occupant can be used on the latter.

Article 17 entry into force of this law, any decision will be appealed with the call than the Fund.

Article 18 shall exercise the Rights stipulated by the law, if the occupant such period began to run during ocupatiunii. If, however, the corresponding term provided for by Romanian law, reckoned from publication of this law, would expire before the time the occupant of the law shall apply to dispoziţiunile law.

Chapter 2 the effects of abolishing discriminatory Ordinances Hungarian article 19 am and remain valid legal acts declared null. 2 of Ordinance No. 1.44 from 1941, M.E.; by article 2 of the Ordinance of 1941 Nr 1,630 M.E.; by art. 22 of Ordinance No. 1943 5,200 M.E., as well as any other Hungarian discriminatory Ordinances.
Coverage rights incurred under the above mentioned Ordinances, on behalf of the Hungarian State or legal entities, as well as retransmisiunile these subdobinditori rights are null and void.
Property rights and other rights acquired in favour of the tabulation of the persons provided for in the preceding paragraph, it will radiate from the Office, thus restoring previous state-it is tabulated.
Also, am and remain valid for entries made after March 15, 1939, declared null and void by the above mentioned Ordinances Hungarian, to restore judicator, ex officio, the tabulated.

Article 20 If the right to demand entry in the land register ownership or tenancy rights was restricted by the dispoziţiunile Ordinances No. 1941 1,440 M.E.; The 1941 No. 2,780 M.E. 3,710 No. 1943 M.E. or other discriminatory Ordinances, Hungarian party concerned will be able to ask, even against third parties, subdobinditori, inclusion of ownership or lease and cancellation of registrations effected in the land for the benefit of third parties pursuant to a contract concluded with the author of tabular.
Can I get dispoziţiunile the preceding paragraph and persons covered by article 19. 4 of the Government Ordinance No. 1941 1,440 M.E., Ordinance No. 1941 18,900 I.M. or any other discriminatory Ordinances, if Hungarian because of the refuge or expulsion, were counted as lost Hungarian nationality and therefore could not acquire ownership or another right in rem over real estate in Northern Transylvania.
Land register courts will grant applications for entry in the land register, entered on 15 March 1939, which have not been solved because just as importantly provided for in the said Ordinances.

The registration is done on the date of registration of the initial application, the historic times-it totdeodată all entries.

Article 21 am and remain null and void the acts by which Hungarian State directly or through the mediation of some instituţiuni has exercised the right of preemption, pursuant to art. 5, para. 2, of the Ordinance No. 1941 1,440 M.E. or other discriminatory dispoziţiuni or subrogat in contracts of rent they make speech in the same article.
Stramutarile and constituirile of rights in rem over real estate preemptate, undertaken either directly or through the mediation of some instituţiuni by the Hungarian State, are null and void.
Entries in the land register, in favor of the Hungarian State, it will radiate at the request of the party concerned or ex officio, if it has not been asked for deletion for three years after the promulgation of the face, or that the price of preemptiunii has been consumed, and the receipt has been deposited with the Court.
Rights and obligations isvorate from previous legal acts of exercising the right of preemption by the Hungarian State, remain untouched.

Article 22 right of preemption of the Romanian State shall be extinguished if the deadline counts for the exercise was in the drain on 30 August 1940.

Article 23 the processes started under article. 6 and 7 of Ordinance No. 1941 1,440 M.E., or under similar dispoziţiunilor from 3,400 No. Ordinance of 1942 M.E., or other discriminatory Ordinances will be Hungarian considered extinguished, the Court to dispose of its closure, if not show will be required, within a period of 1 year from the date of publication of the present law, dismiss the action with costs and possibly in cases when the action of the plaintiff was brave, damage.

Article 24 the data pursuant to article 13 Decisions. 6 or 7 of Ordinance No. 1941 1,440 M.E. or under similar dispoziţiunilor from 3,400 No. Ordinance of 1942 M.E. other times other discriminatory Ordinances, as well as Hungarian transactiunile legal or extralegal, concluded in order to prevent or extinguish the trials the progeny of dispoziţiunilor legal application mentioned above are and remain void.
The part that was ordered, on the basis of such decisions or transactiuni, to pay a sum of money by way of compensation, you could ask, on common law, the Court laid down in art. 32, the return of the amount paid, with interest from the date of payment, the reimbursement of costs of the previous process, as well as damages if the plaintiff's action was brave.
Displaced as a result of goods on execution of judgments or transactiunilor provided for in paragraph 1. 1, will be returned to the very top art. 26 and following of the law of the face.

Article 25 Measures or enforcement, garnishments and sechestrele set up, and on the basis of judgments ordered auctions or transactiunilor mentioned in the previous article shall be abolished.

Chapter 3 Refund of goods article 26 shall refund the Buildings in nature, in the condition in which they are situated.
Natural fruits, actually collected, as well as civil fruit acquired before surrender, the right holder shall pay the refund.
The holder of the right of refund will depend on the path of demands, from the Court under article 9. 23 compensation for damage sustained by the building, except for those arising from fortuitous case or force majeure as well as costs from the process previously.
So the owner of the building will be able to ask for the return of all necessary expenses, and those useful only to the extent that increased value of property legally competent. In the case of constructiunilor we apply dispoziţiunile art. 494 of the civil code, the possessor in bad faith.
The one liable for the refund will not be retentiune right on the property.

Article 27 lease contracts entered into after 30 August 1940 by those whose rights are terminated by operation of law from the face, of the buildings subject to refund are counted fully terminated, as on this law.
Housing rental contracts, trade industry venues, trades, factories, schools, fireplace hall, nightspots, concluded by those whose rights under the law shall be abolished from the face, may terminate, at the request of the holder of the right of refund.
The Court shall order the discharge of the tenant only at the end of the semester, during which has rejected the contract. However the tenant could be evicted immediately, if the holder of the right of residence, he, the author or his family, apartment, on 30 August 1940 and if that doesn't have a house in the village for harboring and his family.
Shall be considered as forming part of the family, within the meaning of this article, the husband or wife, relatives in direct line, while the side up to the third degree inclusive, under condiţiunea to be inhabited with the holder of the right to a refund or the author's.
Dispoziţiunile the preceding paragraphs under this article shall not apply to tenants who are mobilized effectively in the area of operations, civil servants and small artisans or workers with a monthly income up to 50,000 lei. The contracts of these tenants are extended in accordance with the law regulating the relationship between landlords and tenants.

Article 28 Obligations arising from contracts for the lease, for tenants last paragraph of the preceding article, shall determine and recalculate, at the date of publication of this act according to the law No. 224 of 6 April 1943, to regulate the relationship between landlords and tenants, with subsequent amendments.

Article 29 amounts received as compensation by the liable for the repayment or authors, pursuant to an insurance contract or as a result of a civil or non-compliance with offence a contractual bond, regarding the property that is subject to refund, the right holder shall be responsible for the refund, which is subrogat in all rights and actions of the debtor.

Article 30 the applicant will be able to ask for the return of the amounts found in the judiciary, if the action provided for in art. 32 of this law, has not been instituted within a period of three years from the publication of the law.
When we started the process, the amount deposited is affected specially the refund price and possibly a credit balance what would result from the application of articles 81 and 82 dispoziţiunilor. 26. Article 31 rights in rem, set up prior to the implementation of Ordinance No. 1941 1,440 M.E., or other discriminatory Ordinances, the Hungarian in the rank, if in the meantime no were canceled according to the rules of the common law.
Real rights over the goods subject to the refund is acquired from an author who has, through the application of a discriminatory Ordinances, Hungarian or its subdobanditorii, will carry on the price and damages due to the one bound to the refund.

Dispoziţiuni Chapter 4 of the procedure in article 32 the finding of invalidity, in return the condition of the building and restoring the previous tab, founded in the present law, will judge situaţiunii Court building. If the building or buildings are situated in more than one district judges, the application will be able to enter any of these judges.
Judgment will be done urgently and in particular, all processes end on the same day.
The applicant will be able to ask about the date of the Ordinance under art. 67 of law No. 394 dated 23 June 1943 for speeding judecaţilor in civil and commercial matters, putting him in possession of the property of which was stripped, and restoring the previous provisional status tab. In the latter case it shall order book entered in favor of removal of the right of the person obligated to refund and return to the status tab; the justification will be final and irrevocable decision, the date on the Fund under the provisions of paragraph 1. 1. The enforcement of the Ordinance will not be able to suspend, even with the release of bail.
The Ordinance will not be able to attack the way the opposition; appeal or the appeal is going to do with the decision date.

Article 33 If the complainant, asking with restoring previous state tab, and staggering price refund payment, the Court, in case of acceptance, you will oblige them to submit immediately the first rate, and in order to guarantee the price, remained outstanding, it shall order preparation of a mortgage in favour of the creditor.
Under the same conditions will be able to admit and staggering sums to be paid by way of compensation, for the investitiunile încuviinţate decision date.

Article 34 the lifting of the measures and acts of stalking, cancellation and termination of the rental contract will be made about the order, the date according to art. 67 of Act No. 394 dated 23 June 1943 for speeding judecaţilor in civil and commercial matters.

Applications under article 35 of this law will be able to make and universal successors or by way of universal holder of refund you, even if it ended before the entry into force of this law.

Article 36 in all cases in which it is to be recalled in judgment, on the basis of this Act, a respondent who is not domiciled or resident in Romania, he will be quoted only by procuratorul or from the country. If it has no known domicile with the procurator in the land, the Court shall appoint, at the request of the party concerned, or on its own initiative, a curator. All summonses and communications will be made by the trustee acts.

Dispoziţiunile referred to above shall also apply in cases when a request is made to be resolved about graceful.

Chapter 5 miscellaneous Dispoziţiuni, final and transitorii Dispoziţiunile Article 37 provided for in this law shall apply, as appropriate, and in cases when the deposition was taken in the light of the measures taken by the occupying Hungarian military headquarters or administrative bodies.
The function of the trustee appointed by the courts or authorities of the Hungarian civil military times ceases publication as full on the face of the law. Likewise cease empowering administrators or any other bodies to be responsible for the administration of the goods of those deposedati.

Article 38 segregation processes declared extinguished through art. 16 of Ordinance No. 1941 1,440 M.E., will reopen at the request of the person concerned.
These processes will be judged dispoziţiunile laws, regulations and ordinances in force on August 30, 1940.

Article 39 whenever entries cannot perform in the land because of the loss, theft or destruction thereof, they shall be noted in the book of record of the land, which shall be drawn up at the request of the right holder, if it will provide proof that the author is asked, or tabular entry in the land register, and the demand has been rejected or has not been put in any work by applying discriminatory dispoziţiuni. In these cases it will follow dispoziţiunile for preparation of land records books.
If the drawing up of the books of record of the land was required under a previous application for entry in the land register, the certificate of ownership provided for in art. 8 of precitatei laws, will not be required.

Article 40 Requests, and any other acts of procedure, judicial or extra-judicial, made under this Act, are exempt from any stamp duty or tax.

Article 41 Dispoziţiunile art. V of law No. 487 of 10 Octomvrie 1944 organization of the Commissariat for the administration of the regions of Transylvania, issued shall be construed as meaning that the occupant there referred legiuirile, shall be declared without being legal.

Article 42 until the establishment of the courts and of the Romanian authorities, suspend the course of the judecaţilor civil, commercial, criminal, tax, or of any nature, as well as the flow of any term that a regular filing exercise or extinction.
Causes, in which criminal defendants are in custody, will be prosecuted, exceptionally, of military courts in the area, but after the operative rules of common law.
Also dispoziţiunile concerning the conclusion and the formation of legal acts and the competence of investigating in law for soldiers from the operative area will be able to apply and the inhabitants of the liberated territories.
Given in Bucharest on 3 April 1945.
Justice Minister Bob MAGEE, Joshua — — — — — — — — — — — — — — — — — — — — — — — — — —