LEGE no. 439 439 of 5 June 1945 for the making of requisitions for the neighborhood of persons, authorities and institutions
ISSUER
PARLIAMENT
Published in OFFICIAL MONITOR no. 125 125 of 5 June 1945
+ Article 1 Housing requisitions for the neighborhood of persons, as well as the requisitions of buildings necessary for ministries, public institutions of State, county or commune, legal entities of public law and public utility settlements, will be taken over. by the rules provided for in the present law and by way of derogation to the provisions of the law on requisitions, published in the Official Gazette No. 48 of February 27, 1940, as amended. + Article 2 The requisition and neighborhood works will be carried out in urban communes by police bodies, and in rural communes by mayors with the help of gendarmes posts and rural police. + Article 3 For municipalities and urban communes, it will work for the Capital, at the Prefecture of Police, and for the province at the respective polices, a commission of requisitions, composed of: A police representative. A delegate of the citizens ' control bodies. A mayoral delegate from the Architecture Service. A secretary, a police official. The commission will work under the presidency of the police delegate. The decisions of the commission will not be able to be appealed on any court. + Article 4 In the municipalities and urban communes, besides each police district, a neighborhood commission will operate, and for the Capital, one commission on constituencies, composed of: A commissioner of the constituency, two delegates of the citizens ' committees and a secretary from the constituency officials. + Article 5 The commissions provided for in art. 4, will draw up the exact situation of the dwellings in the respective constituency, which will be requisitioned, will submit to the commission of requisitions, provided for in art. 3, the situation prepared and will execute the orders of requisitions and neighborhoods, given by the same commission. + Article 6 Within 30 days from the publication of the present law in the Official Gazette, paintings with dwellings that can be requisitioned will be drawn up, taking into account the following norms: a) The immovable parts that exced the minimum needs of those who live them, established as follows: ... For a person, or for a family, composed of two people, 2 rooms. For families composed of several people, it will be counted for each additional major person, one room, and for minors, one room for two people. They are considered to be part of the family, husband, wife, children, parents, grandparents and sisters and brothers; b) the Hall, the bathroom, the kitchen, the dependencies, the passing and service rooms, as well as any other parts of the building that by their nature, are intended for common use, will not be bypassed by the number of rooms that can be requisitioned. These parts of the building will be able to be used jointly, after the understanding that will be established between owners or tenants and neighborhoods, if the building can be requisitioned, according to the norms established in the present law; ... c) Professional Libers and civil servants, who are obliged to perform works at home, have the right to an extra room above those shown in section a. ... + Article 7 The paintings of situations, drawn up by the commissions provided in art. 4, shall include the following data: a) Requisable housing, the address of the property, the number of the apartment, the precise indication of the requisitionable building parts; ... b) Name and surname of the lessee or owner; ... c) Profession of the owner or lessee, according to his statement. ... + Article 8 The requests for obtaining the order of requisitions and neighborhoods, will include: the name and surname of the petitioner, the profession and the income, the exact date of establishment in the locality, the locality from which it comes, the occupation had between 1 July 1940 and the date demand. Justification of the presence in the locality, the reasons for requesting the artifact. On request will be attached by the solicitor, the supporting documents, of his classification in the provisions of art. 10. + Article 9 The requisition orders will be issued by the commissions of requisitions and neighborhoods, provided by art. 3, and will include the following data: the name and surname of the property owner, the street and the number where the building is located, the floor, the number of the apartment, the number and the settlement of the requisition The neighborhood orders will be issued by the same commissions and will include: the name and pronouns of the owner or administrator of the property, where the neighborhood, the name and pronouns of the neighborhood, the number of people in the family of the neighborhood, the number and settlement of rooms where the neighborhood is made. The orders of requisitions and neighborhoods, are valid until April 23, following their issuance and will be renewable by the commissions provided in art. 3, for another period of one year. The neighborhoods will be able to ask for renewal of the neighborhood orders at least 30 days before their expiration, making the proof that the reasons that justified the neighborhood still subsist. + Article 10 The neighborhoods will be executed in the following order: a) Housing of war criminals and culprits of the country's disaster; ... b) Housing exceeding at least double rooms, provided by art. 6, para. c. ... Neighborhoods will be made in the other buildings or apartments, only if the premises are exhausted making the application of the norms provided by the above paragraphs. + Article 11 They will benefit from the neighborhoods, the following categories: a) Sinistrates due to war, to whom the dwelling was destroyed, used under any title or was brought in uninhabited state. The flood of the sinister will be made in the same locality where they lived, until the date of the flood. The neighborhood is done only if the sinister does not possess another building. ... b) Convicts, deportees and internations in camps, for anti-fascist activity, deprived of dwelling; ... c) Evacuations from the buildings assigned to the allied and Romanian authorities, in the same locality; ... d) Public servants transferred, or posted for work in another locality. ... The number of rooms assigned to neighborhoods cannot exceed the minimum needs, established according to art. 6. + Article 12 For the neighborhoods of ministries, public institutions of State, county or commune, legal entities of public law, public utility settlements and allied authorities will be able to requisition buildings entirely by evicting their holders. to them, whenever that measure is indispensable to the proper functioning of those services. The owners, residents and those who use these buildings with any title will have to leave them within 15 days of the issuance of the order of neighborhood, the commissions provided for in art. 3 being obliged to assign them with the title of neighborhoods, housing corresponding to their needs, established according to art. 6. + Article 13 It will be possible to requisition, according to the norms provided in this law, the rooms in the homes where the Jewish owners or tenants were reintegrated, following the application of the provisions of the law to repeal legislative or Jewish measures, but only after reintegration of the former owner or lessee. All orders regarding the requisition of buildings apartments, in which Jewish owners or tenants are to be reintegrated, based on Law No. 641 of 1944 ,, cancel. + Article 14 The owners, usufructuaries, holders of a right of habitation of buildings damaged by bombings or other causes that will make repairs within the period provided in art. 15, representing at least 25 percent of the value of the construction will be entitled to the requisition exemption. + Article 15 Any person has the right to obtain his/her family and family, in any building or apartment damaged by bombing or other causes of war, which the owner of the usufruit or the holder of a right of habitation, will not repair in the following time limits: a) 3 months after the publication of the present law in the Official Gazette, for the buildings and apartments damaged, 25 percent; ... b) 4 months after the publication of the present law in the Official Gazette, for damaged buildings and apartments, 25 %-50%; ... c) 6 months after the publication of the present law in the Official Gazette, for buildings and apartments damaged more than 50 percent. ... The neighborhoods requested in the conditions of this article, will be granted, after the expiry of the above deadlines, the petitioner will join, at his request, an authentic declaration, obliging to make the necessary repairs on his own expense, in The above-mentioned deadlines. After receiving the request, the requisitions commission will appoint an expert engineer builder or architect, who will draw up the estimate within 3 days of the swearingment. After the repairs are carried out, the requisitions Commission will receive the executed works, according to the estimate and will establish the real value of the investments made. The assignment of a building damaged by bombardment or other causes of war, in order to be repaired and used in the above conditions, will be done with the citation of the owner of that property. The owner will also be quoted at receiving repair works, carried out. + Article 16 The buildings that will be built after the publication of this law in the Official Gazette will be exempted from requisitions. + Article 17 They are exempted from the requisition: a) All the properties of the Royal Family, the edifices intended for the home of M. S. King or a member of the Royal Family, as well as those of the Crown Domains; ... b) Edifice used for public services or trade unions; ... c) Hospitals, hostels, dispensaries, canteens of the State, communities or foundations; ... d) Schools, headquarters, sector or constituencies, of organizations with a patriotic anti-fascist democratic purpose; ... e) Housing of the high dignitaries of the State. ... + Article 18 The rent due by the neighborhoods, established by the requisition commissions, proportional to the rooms in which the neighborhood does, according to the norms provided in Law No. 365 of 1945 , having the basis of the housing value, established by the tax, when the neighborhood is made to an owner or tenant with a contract extended by law, in case the neighborhood is made to a tenant holding a building, on the basis of a contract concluded free of charge, rent will be determined on the basis of the contract. + Article 19 The turburies of use of the conlocators, will be punished and judged, according to the provisions Law No. 365 of 1941 . + Article 20 Holders or administrators of buildings or apartments, will be able to appeal the situations, drawn up according to the provisions of art. 6 6 and 8. For this purpose, they will be displayed at the police constituencies, in the municipalities, at the city police, in the urban communes and at the mayors, in the rural communes, tables with the situation of the property, the name and pronouns of the holder or administrator, the street and number, settlement and number of requisitioned rooms. This table, will be displayed in the order of the streets, as soon as the census operations, will be concluded within 30 days from the publication of the present law in the Official Gazette. The term of appeal is from the communication made, from the communication of the interested one. The appeals will be submitted to the court committee on the commission of requisitions and neighborhoods of art. 21. Appeals to the paintings of requisitionable buildings, will be judged within 5 days of receipt. The entire procedure will be written, the decisions of the trial committee will be final and will not be able to be appealed on any court. + Article 21 The court fees of the appeals will be composed as follows: 1. A delegated magistrate of the Ministry of Justice, in the capital, of the Court of Appeal or tribunal in the other urban municipalities and communes. 2. A delegate of the Citizens ' Committees. 3. A police delegate. + Article 22 Holders or administrators of buildings or apartments, who will refuse to declare the data required under this law, or will declare inaccurate data on the occasion of the housing situation, as well as those who will oppose the orders of requisition and neighborhoods, will be sanctioned with admission from 2-3 years, in a forced labor camp. The finding of crimes will be done by any judicial police officer, notified by those interested. The finding papers will be submitted to the respective police. + Article 23 All neighborhoods made until the date of publication in the Official Gazette of the present law will be reviewed, in accordance with the provisions of this law. + Article 24 The provisions of this law will apply until a date that will be determined by the journal of the Council of Ministers. They will be able to be reinstated, whenever necessary for a fixed period, for the entire contents of the country, or only for certain regions, through the journal of the Council of Ministers. -------
