Law No. 439 Of June 5 1945 For Requisitions For Cartiruirea Persons, Authorities And Institutions

Original Language Title:  LEGE nr. 439 din 5 iunie 1945 pentru efectuarea de rechiziţii pentru cartiruirea de persoane, autorităţi şi instituţii

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Law No. 439 of June 5 1945 for requisitions for cartiruirea people, ISSUING authorities and institutions, the PARLIAMENT Published in MONITORUL OFICIAL nr. 125 on June 5 1945 Article 1 Rechizitiile cartiruirea housing for people, and rechizitiile of buildings required ministries, public institutions of the State, County or Township, legal persons of public law and of public utility, will take over after the rules laid down in the law of the face and by way of derogation from the law on the dispoziţiunile rechizitiilor, published in Official Gazette No. 48 of 27 February 1940 and its subsequent amendments.


Article 2 the workings of the requisition and cartiruire, will run in the urban municipalities of the police bodies, and in rural municipalities by the town councils with the help of gendarmes and police.


Article 3 For municipalities and townships, will work for the capital, the Police Prefecture and the province concerned politiile, a comisiune of requisitions, consisting of: a representative of the police.
A delegate of citizen control bodies.
A delegate of the Town Hall Service architecture.
A Secretary, police officer.
Comisiunea will work under the chairmanship of police delegate.
The decisions of the Commission will not be able to be attacked on the path.


Article 4 In municipalities and municipalities, in addition to each police district, will work a comisiune of cartiruire, and for Capital one comisiune on constituencies, composed of: A District Commissioner, two delegates of the committees of citizens and a Secretary from district officials.


Article 5 referred to in article Comisiunile. 4, will draw up the exact housing situaţiunea in Vienna, which will be rechiziţionate will forward it to the Commission of requisitions, referred to in article. 3, situaţiunea drawn up and execute the orders and requisitions cartiruire, same date comisiune.


Article 6 within 30 days of the publication of this law in the Official Gazette, shall draw up the pictures with the houses that can be rechiziţionate, taking into account the following rules: a) Are rechizitionabile real estate parties exceed minimum needs of those who inhabit them, be determined as follows: for one person or for a family, consisting of two persons, 2 bedrooms.
For families composed of two or more persons, shall be calculated for each person in addition, one camera, and for minors, one room for two persons.
Shall be considered as forming part of the family, husband, wife, children, parents, grandparents and brothers and sisters;

b) Hall, kitchen, full bath, rooms and service and any other parts of the real estate which by their nature, are intended for the common use, will not be bypassed by the number of cameras that can be rechizitiona. These parts of the building will be able to use the joint understanding what will be established between owners or tenants and cartiruiti, where the property may be rechizitionat according to the rules laid down in the law of the face;
  

c) Free and civil servants, professionals who are required to carry out works at home, are entitled to an extra room over those referred to in point a.
  


Article 7 of the situaţiuni Paintings, made by comisiunile. 4, will include the following information: a) House rechizitionabila, address, apartment number, indicating the precise parts of the real estate rechizitionabile;
  

(b) the lessee's name and surname) or owner;
  

(c) the owner or lessee) Profession, according to his declaratiunii.
  


Article 8 applications for obtaining the order requisitions and cartiruire will include: the name and surname of the petitioner, occupation and income, the exact date of the establishment of the commune, the city from which it comes, occupation between 1 July 1940 and date of application. The justification for this in place, the reasons for requesting incartiruirea. At your request we will annex by the Inquirer, documents, proving in his article. 10. Article 9 shall requisition orders issued comisiunile of requisitions and cartiruire, provided for in art. 3, and will include the following data: name and surname of the holder of the building, street and number where the property is situated, first floor, apartment number, and number of rooms rechiziţionate.
Cartiruire orders will issue the same comisiuni and shall contain: the name and the administrator of the real estate licensee or pronoun, where cartiruirea, cartiruitului names and pronouns, the number of persons in the family cartiruitului, number and layout of the rooms is made cartiruirea.
Requisitions and orders are cartiruire, valid until 23 April, following their issuance and may be renewed by the comisiunile. 3, for a further period of one year.
Cartiruite people will be able to ask for the renewal of cartiruire orders with at least 30 days prior to their expiration, citing evidence that the reasons which justified cartiruirea still subsists.


Article 10 Cartiruirile will be run in the following order: a) Houses war criminals and vinovatilor of the disaster the country;
  

b) Dwellings exceeding at least double rooms, provided for in art. 6, para. c. they shall be cartiruiri the other estate or apartments, only in cases when the incartiruirile will be depleted, making application of the rules laid down in the paragraphs above.


Article 11 will benefit from cartiruiri, the following categories: a) the flood due to the war, which destroyed the House, used under any title or was able uninhabited. Incartiruirea responds in the same locality where they lived, until sinistrarii. Cartiruirea is made only in the case when no other real estate sinistratul.
  

b) Convicts, deportatii and internatii in the bearings, for inexperienced antifascista housing;
  

c) assigned to the authorities from street camping evacuees Allied buildings and, in the same locality;
  

d) civil servants transferred or detached for service in another locality.
  

What is the number of rooms assigned to cartiruite persons may not exceed the minimum needs, as determined pursuant to article 51. 6. Article 12 For public institutiunilor cartiruirea ministries, State, County or Township, legal persons of public law, public utility and Allied authorities will be able to rechizitiona estate entirely to their holders being evacuated normally-it, whenever this is essential to the proper officials of the services concerned.
Owners, tenants and those who use these with any real estate title will have to leave within 15 days of the issuance of the order of cartiruire, comisiunile. 3 being obliged to assign them by way of cartiruire, corresponding to their needs, housing established under art. 6. Article 13 shall be able to rechizitiona, according to the rules set out in this Act, the accommodation from the houses in which they were reintegrated owners or renters, pursuant to dispoziţiunilor of the law for repeal of legislative measures or Jewish, but only after the reintegration of former owner or lessee.
All orders relating to rechizitionarea buildings, apartments owners or renters Jews to be reintegrated, based on law No. 641 of 1944, shall be cancelled.


Article 14 Owners, uzufructuarii, holders of a habitatiune of buildings damaged by bombing or other causes that will make reparaţiuni within the time limit provided for in art. 15, representing at least 25 percent of the value of construction will be entitled to exemption from the requisition.


Article 15 everyone has the right to obtain his cartiruirea and family in any building or apartment damaged by bombing or other causes of war, for which the owner or the holder of the right to habitatiune it won't fix the following time limits: a) 3 months from the publication of this law in the Official Gazette, for damaged buildings and apartments, at the rate of 25 per cent;
  

b) 4 months after publication of this law in the Official Gazette, for buildings and apartments damaged in proportion 25%-50%;
  

c) 6 months from publication of this law in the Official Gazette, for buildings and apartments damaged in more than 50 per cent.
  

Cartiruirile required in this article generally, will be awarded after the deadlines above, the petitioner will join, at his request, a genuine statement, through which undertakes to make the necessary reparaţiunile at your own expense, within the time limits set out above.
After receipt of the request, the Commission will appoint an expert requisitions engineer or architect that estimate will be drawn up within three days of the oath.
After reparaţiunilor, the requisitions will receive work to be performed, in accordance with the budget and will establish the real value of the investments made.
Assigning a building damaged by the bombardment or other causes of war, to be repaired and used in rigid conditions above, will be made with the owner of the building citing respectively.
Also, the owner will be cited to receive repair works to be carried out.


Article 16 shall be exempt from the buildings requisitions build after the publication of this law in the Official Gazette.


Article 17 Are exempted from the requisition:) all the properties of the Royal family, buildings intended for housing m. s. King or a member of the Royal family, as well as those of the Domains of the Crown;
  

b) used for Buildings or public services trade unions;

  

c) Hospitals, dispensaries, canteens, caminurile, State, communities or foundations;
  

d) Schools, headquarters, sector organisations or constituencies, with the democratic patriotic anti-fascist purpose;
  

e) senior officials of the State Housing.
  


Article 18 the rent due from the people, determined by the cartiruite of requisition, proportional to the accommodation in which makes it cartiruirea, after the rules laid down in law No. 365 of 1945, the base value of the dwelling, set by fisc, when cartiruirea is made to a landlord or a tenant contract extended by law, if cartiruirea is a holder of a building tenant on the basis of a contract concluded on the free will rent transactie, determine on the basis of the contract.


Article 19 Turburarile to use conlocatarilor, it will punish and judge, according to dispoziţiunilor law No. 365 of 1941.


Article 20 the holders or managers of buildings or apartments may make appeals over situaţiunilor, drawn up in accordance with the provisions of art. 6 and 8.
For this purpose, will be displayed at police districts, the municipalities, the police, the urban communes and at town halls in rural communes, tables with the situation of the real estate, the holder's name and pronoun or administrator, street and number, the number of rooms rechiziţionate.
This table is displayed in the order of streets, once the census operations, will be concluded within 30 days of the publication of this law in the Official Gazette.
The term opposition is communicating, from communication to the party concerned.
Appeals shall forward to the Court of comisiunea of requisitions and cartiruiri from art. 21. Appeals to the paintings of rechizitionabile, will judge within five days of receipt.
The whole procedure will be written, the decisions of the Commission's judgment will be final and cannot be appealed against on any path.


Article 21 appeals court Comisiunile will be composed as follows: 1. A magistrate delegate of the Ministry of Justice, in the capital, of the Court of Appeal or the Court of first instance in other cities and municipalities.
2. A delegate of civic Committees.
3. A delegate of the police.


Article 22 the keepers or managers of buildings or apartments that will refuse to declare the data required under this Act, or will declare incorrect information in connection with the preparation of the housing situation, and those who will oppose requisition orders and cartiruire, will sanctiona with admission for 2-3 years in a forced labor camp.
The discovery of crime will be made by any officer of the judicial police, the sense of all those interested.
Finding documents shall submit respective police.


Article 23 All cartiruirile performed up to the date of publication in the Official Gazette of the present law shall be reviewed in accordance with the provisions of this Act.


Article 24 of this law, Dispoziţiunile will be applied until a date will be set by the journal of the Council of Ministers.
They will be able to be brought into force, whenever it will need for a determined period, the entire contents of the country, or to certain regions, through the journal of the Council of Ministers.
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