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Law No. 607 From 1 August 1945 For The Cancellation And Revocation Of Their Disposal Concluded In Exceptional Circumstances

Original Language Title:  LEGE nr. 607 din 1 august 1945 pentru anularea şi revocarea unor acte de dispoziţie încheiate în împrejurări excepţionale

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LEGE no. 607 607 of 1 August 1945 for the cancellation and revocation of acts of provision concluded in exceptional circumstances
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 172 172 of 1 August 1945



DECREE-law + Chapter I Cancellation and revocation of acts of provision + Article 1 The acts of provision concluded by a Jew, natural or legal person, shall be annulled, by right, at his request, in the following cases: a) If they were concluded during the 6 Septemvrie 1940, until March 28, 1941, with a person who was part or milita in a legionary, fascist, Hitler or anti-Semitic organization, or with the husband, ascendants or descendants of such persons; the cancellation will also be pronounced if the good was alienated or intended in any form of institutions, organizations or enterprises that were led by legionnaires or fascists; b) If they were concluded, during the 6 Septemvrie 1940 until August 23, 1944, under the empire of violence, exercised in any way, for the purpose of romanization, by public authorities, by corporations of political or professional organizations, by commissioners of romanization or of special commissioners; c) If they were concluded, during the 6 Septemvrie 1940 until August 23, 1944, with persons who, on the dates of the act, exercised the function of minister, Under Secretary of State, Secretary General of Ministry, Commissioner of Romanization, Special Commissioner or with the husband, ascendants or descendants of such persons; d) If they were concluded, during the 6 Septemvrie 1940 to August 23, 1944, with persons who were convicted as guilty by the disaster of the country; e) If, during the 6 Septemvrie 1940, until August 23, 1944, the other party speculated on the goods coming from the Jews, either by repeated purchases of such goods, or by taking them into operation, from the former National Center of Romanization or from the Government of Bucovina; f) If the alienation of a trade, industry, or trade fund, for the exercise of which was necessary a specialized competence, craftsman's book or patent of capacity, was made, during the 6 Septemvrie 1940 until August 23, 1944, to a person in the service of any institute of financing of the romanization, who did not meet the necessary conditions for the exercise of that fund of trade, industry or trade; g) If the alienation was made by the Jew, during August 9, 1940, until August 23, 1944, as a result of a bond imposed by the anti-Jewish laws, or if he had as object a good become unhelpful because of the prohibition of exercise its profession; in these cases the cancellation operates only if by alienation the Jew caused a damage of at least 25 percent of the value of the goods, counted at the date of conclusion of the act and taking into account all the benefits received by the former Jewish holder, under the act whose cancellation is required; h) If it ended, during June 22, 1941, until August 23, 1944, and the contractor Jew lived in South Bukovina, or in the localities from which deportations or mass evictions were made, or if the good to which the act refers is also localities, or if the Jew from those localities, being deported, evicted or in external detachments of mandatory work the act ended by trustee or by the local authorities, directly or by public auction; i) If it ended during the 6 Septemvrie 1940 until August 23, 1944, by a Jew, who was held in prison, admitted to the camp, or deported for political or racial reasons, or who had been deprived of liberty, for the same reasons, in the six months preceding the conclusion of the act, under the same conditions, will be annulled and the acts concluded with the spouse or minor descendant of the Jewish detainee, admitted to the camp or deported; j) If, at the time of closing the act, the good that refers, enters the provisions of the laws for the passage of Jewish goods into the patrimony of the State or if these laws were published in 30 days from the moment the act certa, and by alienation the Jew caused a damage of at least 25 percent of the value of the goods, reckoned on the date of the conclusion of the act and taking into account all the benefits received by the former Jewish holder, under the act whose cancellation is require; k) When the act was confirmed according to the provisions of art. 124, the last three paragraphs of Law no. 398 of 27 May 1942 * 1), unless the act was concluded before at least 30 days from the date of the law for the passage of that property, in the patrimony of the State; ----------- * 1) It is the law for Ad-tration and liquid. goods belonging to C. N. R. (M. Of. No. 120 of 27 May 1942). l) If by the act concluded, during the period from 6 Septemvrie 1940, until August 23, 1944, the Jew caused a damage of at least 40 percent of the value of the goods counted at the time of the conclusion of the act, account will be taken of all the benefits received by the former Jewish holder, under the act whose cancellation is required; m) If the amounts that were paid to the former holder under the act came at least 75 percent, from special romanization funds or from public or private institutions established specifically for the financing of Romanian undertakings; + Article 2 The consent of the contracting Jew is presumed, until proven otherwise, that it was plucked through violence, and the act will be annulled, at the request of this party; a) If the act, concluded during the 6 Septemvrie 1940, until August 23, 1944, had as its object the total or partial alienation of a small trade fund, industry or profession or shop, apartment, venue or workshop, in which the Jew exercise a small trade or a small industry or trade, which constituted its only means of existence; b) If it was concluded, during March 28, 1941, until August 23, 1944, with a person who was part or milita in a legionary, fascist, Hitler or anti-Semitic organization, or if the goods were disposed of or intended under any the form of institutions, organisations or undertakings which were led by legionnaires or fascists; c) If they were concluded, during the 6 Septemvrie 1940 until March 28, 1941, with the collateral relatives, up to the fourth degree inclusive, of the persons shown in the previous paragraph; d) If, during the 6 Septemvrie 1940 to August 23, 1944, the other party exercising only in fact a public power, approved or facilitated the former Jewish holder, the spouse, the ascendants or his descendants within the 30-day period preceded or followed the act, an exemption, from bonds or an activity of any kind, even if this approval or facilitation was justified; the cancellation will also be pronounced if the act was concluded at the same time, with the husband, the ascendants or the descendants of such persons; e) If the documents were concluded on the form-type, used for the purpose of romanization, in an annual frequency of at least 50 in the municipalities and at least 20 in the other localities. In all cases, if the conclusion of the act was made in circumstances or with persons, institutions, enterprises or organizations among those shown in art. 1, the cancellation of the act will be decided according to the provisions of that article. + Article 3 The acts concluded, during the 6 Septemvrie 1940 until August 23, 1944, by a Jewish natural or legal person, are presumed simulated-until proven otherwise-and will be cancelled at its request in the following cases: a) If the other party was an associate, employee or technical or legal adviser to the Jew; b) If the acquirer was in a state of insolvency, notorious and cannot justify the material means to the extent that it would have been necessary for the conclusion of the act; c) If it was stipulated that the payment of at least half the price will be made from the benefits of the good or the enterprise or from the amounts made from the sale of the enterprise's goods d) If the former holder or his relatives, up to and including the fourth degree, financed the enterprise, in total or most of it, or if they have guaranteed the necessary credits to the same extent; e) If the acquirer's benefit consists of an annuity or a maintenance bond in any form, in favour of the former holder; f) If the former holder was employed as an employee at the beneficiary of the act, or if he continued, by proxy or in fact, to administer the goods that were the subject of the act; g) If the former holder has become a joint venture or in a collective name or in the order of the acquirer, on the goods which have been the subject of the act; h) If-in commercial or industrial enterprises-in all management positions (director, administrator-delegate, procurist) or in all essential functions (cashier, accountant, chief of staff) remained the old Jewish employees even if they were been doubled by shape; i) If the former holder continued to hold, by way of precarious or without title, the good that was the subject of the act; j) If in the stock companies, the shares transmitted by the former Jewish shareholders remained, without cause, in their hands or in the company's house, after the transfer made on behalf of the new shareholders. + Article 4 The donations consented by Jews to avoid anti-Jewish measures, during the 6 Septemvrie 1940 until August 23, 1944, except for those consented to the marriage of a descendant or a collateral up to the fourth degree, will be able to be revoked, within three months, and for those abroad, within one year from the publication of this law. + Article 5 The goods acquired with money purchased by a Jew and which are in the patrimony of the acquirer, are presumed to have been acquired by the Jew, if the money was given for this purpose, during the 6 Septemvrie 1940 until August 23, 1944. + Chapter II Effects of cancellation of acts + Article 6 The cancellation of the acts has the effect of returning the goods that were the subject of those Cancellation under the provisions of art. 1 and 2, it also produces its effects to the subacquirer third parties of real estate rights, even if the building is inscribed in the land book. The real rights returned to guarantee the loans granted, until March 6, 1945, in order to rebuild the buildings destroyed or damaged are exempted. Transcripts, inscriptions or any mentions made in the respective registers after the date of conclusion of the annulled act, will be removed, at the request of the Jew, according to the norms provided by art. 104 of the Code of Civil Procedure. In the communes where there are land books, the deletion of the entries made and the restoration of the previous tabulation state will be required by the Jew on the basis of irrevocable annulment decision, according to the land registry norms. The rental contracts are maintained and remain subject to Law no. 365 of 4 May 1945. However, the termination of the contract will be required and the tenant will be immediately evacuated and if the complainant has occupied the rented property, he or his family, for the home or for the exercise of a trade or another profession, at the end of the annulment + Article 7 As regards movable property, the cancellation of acts according to art. 1 and 2, it produces effects to undertakers, only if they have been bad faith. It is considered of bad faith the underacquiring third party that proves that, at the time of the acquisition of the goods, he could realize, from the circumstances of the conclusion of the act or the peculiarities of the goods on which he was carrying the act, that those goods were purchased by the first acquirer in the conditions provided in art. 1 1 and 2. Third parties of trade, industry or trade funds are presumed to be bad faith, until proven otherwise. + Article 8 The goods will be handed over to the former holder in the state in which they were received; the funds of trade, industry or trade will be returned with the raw materials at the time of their disposal, and in case of lack, the value of these subjects will be restored premiums, counted at the current replacement price, established according to legal provisions. The one obliged to the refund does not respond for the losses and degradations that have not been made in bad faith or culpable negligence. The former holder is entitled to compensation for the abusive reduction of the inventory of a trade, industry or trade fund. The former holder shall be subrogated in all the shares and rights relating to the goods which have been the subject of the The amounts collected by way of compensation, pursuant to an insurance contract or as a result of a civil offence or other cause causing damage, in connection with the object of the annulled act, shall be due to the former holder. + Article 9 The former holder will return to the acquirer the amounts actually paid as a price or any other benefit received. The legal interest due to the acquirer shall be compensated with the value of the fruit of that property; if it proves, however, that between the two benefits there is a difference, the compensation operates up to the competition of the lower value. The acquirer will be compensated for the large investments and repairs made on the building to be returned, according to the provisions of art. 494, para. 2, final part of the civil code. He will be able to keep the investments made, over the inventory received, in goods, raw materials, furniture or installations at commercial and industrial enterprises or trades workshops, if they can be removed without spoiling or damaging the part the fund to which they are placed; for those that cannot be removed, the holder will be compensated, counting their value at the current replacement price, established according to the legal provisions. The amounts due by the former Jewish holder will be able to pay within 6 months from the final stay of the cancellation decision. In order to guarantee the payment of these amounts, the acquirer will have a privilege on the returned buildings, which are preserved by the effect of the transcript of the cancellation decision in the transcriptions register; in respect of the movable goods to be refund, the acquirer will be able to ask for their record or appointment of custodian. In the communes where there are land books, with the intabulation of the radiation provided by art. 6, para. 5, a mortgage right will be filed in favour of the acquirer, in order to guarantee the payment of the amounts to be returned. The actual rights constituted by the acquirer on the good subject to the refund will be carried on the price and compensation due to the one obliged to the refund + Article 10 If commercial, industrial or craft workshops, which are returned, operate in rented or leased buildings, or if their mobile inventory is taken into place,-the former holder will be substituted in all rights and The current holder Sublocations, waivers or changes of destination, made by the acquirer are not opposable to the former holder. Nor are the clauses in the tenancy contracts, concluded after August 23, 1944, to prevent the application of the provisions of this law. + Article 11 When the annulled act had to object a transmission of nominative shares of an anonymous company, they will cancel, all subsequent transfers and mentions made on behalf of the beneficiary of the annulled act or third parties, which were bad faith in meaning art. 7, para. 2 and 3, and the former holder will be released duplicates from those actions. The former holders will be able to request the annulment of the decisions of the general meetings of the company, regarding the merger or dissolution of the company or the alienation of the patrimonial elements essential for the activity of the company, if took part and the shares whose transmission was cancelled and if without their vote no statutory majority would have been fulfilled. In the event of annulment of such decisions, the board of directors shall convene a new general meeting within 15 days from the final stay of the annulment decision, in order to state the day order contemplated by the annulled decision. If the estrangement had to object most of the shares of a company, where new shares were made on the basis of decisions taken under the conditions set out in paragraph 2, the actions which formed the object of the annulled act will give the former holder a number of votes in the general meetings, in so far as he would have had them if he had subscribed to the shows made, all actions that would have been reserved for him in relation to the number of estranged shares. Estrangements or strikes of social goods, made on the basis of a decision of the general meeting that was annulled according to the above provisions, will be cancelled, if the third parties were of bad faith. + Chapter III Rules of procedure + Article 12 Applications based on the provisions of this law, shall be judged according to the rules of common law, with the derogations contained, in this chapter. Actions are within the jurisdiction of the tribunal, regardless of the value of They will also be able to be introduced at the courthouse where the act ended. At the courts with several sections the shares will be distributed to all sections, including those of notariat, regardless of the nature of the dispute. The deadline will be given no more than 15 days from the introduction of the application. Meeting is not mandatory. + Article 13 The actions will be judged urgently and in particular, in the Council Chamber. All the means of probation provided by the common law are admissible, even against the documents in order to establish the reality of the legal relations between the parties. All evidence will be required under penalty of decay, at the first term, outside the cases provided in art. 12, item a, b, c of Law no. 394 of 1943, to expedite judgments. The administration of evidence, admitted by the court, will be done before a single magistrate delegated by the court. The delegated magistrate will hold, for this purpose, further meetings until the administration of all evidence, after which the court term will be fixed. The judgment will continue to be made. The term of appeal shall run, in all cases, from the ruling. The decision of the first court is enforceable and will not be able to be suspended unless the defendant was missing and has not been linked. The administration of evidence in the appellate court will be in the manner shown in paragraph 4 The citation of the party, who is abroad or has no known domicile in the country, will be made through her procurator in the country, known by the complainant, and in absentia, through the Official Gazette and in the person of an "ad hoc" curator, appointed by the court, at the complainant's request. + Article 14 Insurance measures of any nature will be approved, on request, by the court seised with the trial of the main action. These measures will be approved without bail. + Article 15 In the actions filed on the basis of art. 1 of this law, the court referred to the main action, finding indications of seriousness of the action will be able to establish, at the request of the interested one, at any stage of the case, judicial seizure of the goods subject the action, and may even appoint the claimant in that capacity, if he receives. The judicial seizure established on the buildings located in the communes where there are land books, will be noted in the land book. + Article 16 In the requests for cancellation of a sale of shares the judicial seizure will be set up, on these actions. Companies will be required to make mentions in shareholder registers about the establishment of the seizure and will issue the seizure with a certificate of making these mentions, under this certificate, the judicial seizure will exercise the right to shareholder, being exempted from submitting actions to general meetings or where the law requires it, formality. + Article 17 In the actions filed under this law, the companies that were liquidated for reasons deducted from the application of the anti-Jewish laws, will be considered represented by any of the former associates, in the persons companies, and in the companies of capital, by any of the last legal representatives of the company or by the shareholders provided for in the liquidation acts. The action brought by one of the associates, in the persons companies, or by the shareholders representing the majority of the capital, in the other companies, takes advantage of all those entitled. In case of reconstitution of the companies, the actions provided by this law, will be able to be filed or continued by the reconstituted company. + Article 18 The provisions of this law will also be able to invoke in the pending trials, even on appeal, for the cancellation or declaration of acts concluded by the Jews, without the need to modify the action or additional grounds of appeal. + Chapter IV Final provisions + Article 19 Actions in fear of the provisions of this law will be able to be filed within 3 months, and for those to be flamed abroad, within one year, from the publication of the present law. After the expiry of the above period, the legal relations between the parties remain subject to the rules of the common law. + Article 20 In the application of the provisions of this law, individuals or legal persons, who have been counted as such by any law in the ages shown in art. 1 1-5. + Article 21 In the cases provided for in this law, the annulment of the acts will be pronounced even if the State or other persons entitled have exercised the legal right of pre-emption. + Article 22 The final court decisions, given in the trials for the annulment or declaration of the simulation of acts concluded by the Jews during the 6 Septemvrie 1940 until 23 August 1944 will be revised on the basis of the presumptions established by this Law, which is considered new evidence within the meaning of Article 290 290, al. 1 1, of the civil procedure code. It will also be possible to review the final court decisions, given in cases fictitious between the parties for the purpose of simulating or fraud to the law, during the 6 Septemvrie 1940 until August 23, 1944, if one of the parties was Jewish. It will also be possible to review the final judgments, in any matter and public tenders held by courts, stock exchange, tax authorities, county commissions or other administrative authorities during the 6 Septemvrie 1940 until August 23, 1944,-if I look at the Jews who did not defend themselves at all for the reason that they were evacuated to the massa from the locality where they were domiciled, they were in external detachments of mandatory work or were prevented from appearing on trial for racial or political reasons. The request for review will be able to be introduced within the deadlines provided by 19. + Article 23 Legal deadlines for the acquisition, preservation or quenching of rights of any kind, the terms of the perimeters and of the prescription, and the timelines for the exercise of any remedy, in respect of the Jews who were detained, in prisons, deported, admitted to the camp, in external detachments of mandatory work, or evacuated to the massa from the localities where they were domiciled, if they expired during their time in the situations shown above, they extend up to 1 January 1946. + Article 24 Confirmatory statements given by Jews, according to the provisions of Law no. 196 of 1942, to combat the camouflage of Jewish goods, rights and interests and to repress the sabotage of the work of romanization, the recognitions made in any way by the Jewish holder until August 23, 1944, as well as any evidence administered under that law do not constitute proof of the reality of the act. The acknowledgments and confirmatory documents made by the Jews after August 23, 1944, are valid. The statement made by the acquirer in any phase of the procedure provided by Law no. 196 of 1942, by which he recognized the unreality of the act, is irrevocable and constitutes proof of the simulation. + Article 25 Final decisions rendered by the special commissions, established by law no. 196 196 of. 1942, shall be maintained only if they find the unreality of the investigated operation. The goods confiscated for the benefit of the State on the basis of these decisions will be returned to the Jewish holder, in the conditions of this law. Amounts resulting from the administration of confiscated goods or goods taken in provisional administration by the former National Romanization Center, either on the basis of a confiscation decision or on the basis of insurance measures, taken during the the procedure for the verification and judgment of the cases of camouflage, will be returned in cash to the one entitled. In cases in which the former National Center of Romanization took into the provisional administration the goods on which the confiscation of the dc to the special commissions of judgment was pronounced, in accordance with art. 26 26 of Law no. 196 of 1942, the president of the tribunal will appoint, by ordinance given according to art 67 of the law of the acceleration of judgments, the Jewish holder, at his request, as judicial seizure of the good. This request can be made within 60 days from the publication of this law, independently of the introduction of a main action Until the expiry of this term, the administration will continue today. If the Jewish holder will not have made this request within the period or if the main action is not brought, according to this law, the goods will be returned to the one from which they were taken over by the former National Romanization Center. The alienations of the letters issued by the Urban Credit Society Iasi, belonging to the Jews, provided by Law no. 832 of 19 Septemvrie 1941, cease on the date of that law. The alienations of the writings issued by the Urban Land Credit society Iasi or their coupons, made by Jews to that society based on art. 4 4 of Law no. 832 of 1941, they are null and void. The price of those sales will be charged on the value of the chargeable coupons and the rest will be returned by the Jewish holder. + Article 27 The Jewish former goods, entered in the patrimony of the State as assets of the former legionary movement or as belonging to the former German Ethnic Group in Romania, will be returned to the former holders, if their alienation was made in the circumstances provided by present law. + Article 28 Jews who, under the provisions of this law, will regain a trade fund, will be able to ask for the re-registration of the commercial company, without fulfilling any other formalities. + Article 29 Companies of persons as well as anonymous or liquidated companies due to liquidate because the realization of their object has become impossible, as a result of legislative provisions or any other racial nature, will be able to be reconstituted by the decision taken according to the statutes or the articles of association, the associates, in companies of persons, and in the anonymous companies, by the general assembly that will be convened for this purpose by the persons shown in art. 17, para. 1. The decision will be transcribed, published and displayed according to art. 91 91 The trade code. + Article 30 Applications and procedural documents, made in application of the provisions of this law, shall be exempt from any taxes, stamps or taxes. By the given decision, the part fallen in her claims, will be obliged, for the benefit of the State, to pay the amounts representing the taxes, stamps and taxes of the action and of the procedural documents followed in the case. The acts by which the previous legal relations between the parties are restored, which have been changed by acts entering into the provisions of this law, as well as those made in the application of the provisions of art. 5, are exempt from any taxes, stamps or taxes, if they are concluded within the deadlines provided by art. 19. The form of the act and publicity measures will be those imposed by the nature of the legal relationship or the object of the + Article 31 The cancellation of the act, under this law, does not entitle to the refund of taxes, stamps and taxes paid on the occasion of the conclusion of that act + Article 32 The destruction, evading or hiding of goods, committed in the fraud of the provisions of this law, constitute the crime of sabotage and are punishable by correctional imprisonment from 3 to 5 years, the judgment following the proceedings of the flagrant crimes. + Article 33 All crimes are amnestied, regardless of their qualification, whether they have remained undiscovered, or that they are under investigation, of instruction, of judgment or are definitively judged, which have been tried or enjoyed for preservation, the protection or realization of the rights that Jewish holders can capitalize on under this law. All tax contraventions are granted, enjoyed on the occasion of the acts entering the provisions of this law. Amnestia applies to main authors, instigators, accomplices and favorizers and concealers. + Article 34 The provisions of this law can be invoked only by Jews who; at the time of the conclusion of the act, were in Romania or were deported. + Article 35 The acts entering into the provisions of the law for the cancellation of some acts of provision concluded during the Hungarian occupation, will be able to be annulled only in the conditions of that law, even if the plaintiff is Jewish. Given in Bucharest on 30 July 1945. No. 2,391. --------