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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Law No. 607 from 1 august 1945 for the cancellation and revocation of their disposal concluded in exceptional circumstances the ISSUER PARLIAMENT Published in MONITORUL OFICIAL nr. 172 of 1 august 1945 Decree-Law Chapter I the annulment and revocation of dispoziţiune Article 1 dispoziţiune documents concluded by a Jew, natural or legal, will be cancelled by operation of law, at his request, in the following cases: a) if they have been completed during 1940, dela Septemvrie 6 until March 28, 1941, with a person who is or was an advocate of ethics in , an anti-Semite, a fascist or an Alliance, or with your spouse, ascendants or descendants of such persons; the cancellation will rule in the case when the property has been disposed of or intended for any form of some instituţiuni, organizations or businesses that were ruled by the Legionnaires or fascists;

b) if they have been completed during the 1940s Dale Septemvrie 6 until 23 August 1944, under the violence exercised in any manner, for the purposes of public authorities, romanianization, of political organizations or have professional, romanianization or Commissioners of Special Commissioners;

c) if they have been completed during the 1940s Dale Septemvrie 6 until 23 August 1944, with people that, at the dates of the Act, with the function of the Minister, Secretary of State, Secretary general of the Ministry, romanianization, Commissioner or Commissioner with the spouse, ascendants or descendants of such persons;

d) if they have been completed during the 1940s Dale Septemvrie 6 until 23 August 1944, with persons who have been convicted as guilty of disaster;

e) If, during the 1940s, Septemvrie dela 6 until 23 August 1944, the other side has speculated on the goods coming from Jewish, either through the generations from repeated achiziţiuni of such goods, either by taking them into operation, both former National Centre of Romanianization or dela Direction of Bucovina;

f) If disposal of a fund trade, industry or profession, for which it was necessary to exercise a competence, a master card or certificate of ability, he made during the 1940s Dale 6 Septemvrie until August 23, 1944, by a person in the service of any Institute of romanization, which was generally not required for the performance of that Fund trade , industry or profession;

g) if the disposal was made by a Jew, during August 1940, 9 dela until August 23, 1944, as a result of a bond required by the laws of antievreeşti, or if you had a good purpose became useless because of the ban on the exercise of its profesiunei; in such cases only if the cancellation operates estrangement was caused havoc in a city of at least 25 per cent of the value of the goods, the date of conclusion of the Act counted and taking account of all prestaţiunile received the former holder, pursuant to the Act whose annulment is required;

h) If s ' ended, during which from June 22, 1941, until August 23, 1944, and the Jew living in Bukovina contractor South, or in localities from which they made mass deportations or evictions, or if the property referred to in the Act lies in such localities, or if those localities, the Jew of being deported, evacuated or in forced labor detachments exterior Act was concluded by an agent or by local authorities directly or through the public licitaţiune;

If I was) concluded during dela Septemvrie 6 1940 until August 23, 1944, a Jew, who was detained in prison, interned in the camp, or deported for racial reasons or political times which had been deprived of liberty for the same reasons, in the six months preceding the conclusion of the Act, under the same conditions, they shall be cancelled and entered into with her husband or minor offspring of the Jew owned , interned in the camp or deported;

j) If, at the time of the taking, which fugacity it relates falls within the provisions of the laws, for the passage of the Jewish State's heritage property or if these laws were published within 30 days from the moment when the Act has got a definite date and the disposal was caused havoc in a city of at least 25 per cent of the value of the goods, the date of conclusion of the Act counted and taking account of all prestaţiunile received former tenured Jew by virtue of the Act whose annulment is required;

k) When the Act was confirmed according to the dispoziţiunilor art. 124, the last three paragraphs of the law nr. 398 27 May 1942-1), unless the Act was completed with at least 30 days for the passage of law date from the presence of the object in question in the State's heritage;

— — — — — — — — — — — * 1) is the law for ad-tration and liquid. goods belonging to the c. n. r. (m. Of. No. 120 of 27 May 1942).

l) If by the Act concluded, during the 1940s, dela Septemvrie 6 until 23 August 1944, she caused havoc in a city of at least 40 percent of the value of goods accounted on the closing date of the Act, it will take account of all prestaţiunile received the former holder, pursuant to the Act whose annulment is required;

m) If the amounts were paid to the former holder on the basis of the Act originated in a proportion of at least 75 percent, from special funds of romanianization or public or private institutions which from established specifically for the funding of Romanisation of enterprises;

Article 2 the consent of the contracting authority, shall be presumed, until proof to the contrary, it was snatched away by violence, and the Act will be cancelled at the request of that party;

If the Act has done) during dela Septemvrie 1940, 6 till 23 August 1944, had as their object the disposal of all or part of a small Fund to trade, industry or profession has prăvăliei times, apartment, borrow or workshop, in which the Jew have a small trade or a small industry, which had been times his only means of livelihood;

b) If it was done during March 28, 1941, Dale until August 23, 1944, with a person who is or was a Chi-Chi in the fascist Legionary, an Alliance or an anti-Semite, or if the goods have been disposed of, or for any form of some instituţiuni, or some businesses that were ruled by the Legionnaires or fascists;

c) if they have been completed during the 1940s Dale Septemvrie 6 until 28 March 1941, with collateral relatives up to and including grade IV, of the persons referred to in the preceding paragraph;

d) If, during the 1940s Dale Septemvrie 6 until 23 August 1944, the other side exerting only a State authority, approved or allowed the former holder, spouse, ascendants or descendants thereof within 30 days that preceded or followed the Act, relief, or bonds of any kind, even if such approval or succour was justified; the cancellation will rule in the case when the Act was concluded at the same time, with the spouse, ascendants or descendants of such persons;

e) If the acts have been completed on forms-type, the romanianization used purpose, in annual frequency of at least 50 in municipalities and at least 20 in other localities.

In all cases, if the conclusion of the Act was made in circumstances or with persons, organizations, enterprises or instituţiuni of those referred to in article 1. 1, the cancellation of dispoziţiunilor will be decided according to that article.

Article 3 Acts completed during 1940 Septemvrie dela 6 until August 23, 1944, a Jewish person or entity shall be presumed simulated-until proof to the contrary-and will be cancelled upon request in the following cases: a) If the other party has been assigned, the employee or the technical advisor's legal times Jew;

b) If the purchaser was in a State of insolvency, notorious and cannot justify its own means in material to the extent that it would have been necessary for the conclusion of the Act;

c) If he has stipulated that at least half of the price will be made of the benefits of the property or undertaking or the amounts derived from the sale of the goods;

d) if the former holder or its relatives up to and including grade IV, have financed the undertaking, in whole or in part, the greatest times if they have equally guaranteed credits;

prestaţiunea e) if the purchaser is an annuity or a maintenance bond in any form, in favor of the former holder;

f) if the former holder was employed as wage-earner to the beneficiary of the Act, or if continued, with power of attorney or in fact, to manage the assets that are the subject of the Act;

g) if the former holder became associated in the holding or the acquirer in the limited partnership with respect to the goods covered by the Act;

h) if the commercial or industrial undertakings-in all posts (director, administrator-delegate, holder) or in all essential functions (cashier, accountant, Chief of staff) have remained old Jewish employees even if they were double in shape;

I) if the former holder continued to hold, with precarious title or no title, subject to the Act;

j) If in stock companies, submitted by former shareholders Jews remained, without question, in their hands or in house society, after the transfer made on behalf of the new shareholders.

Article 4 Donaţiunile Jews to avoid the undertaken measures, during the antievreeşti dela Septemvrie 6 1940 until August 23, 1944, except those undertaken in favour of the marriage of a descendant or collateral up to grade IV, may be revoked within a period of three months, and for those abroad, within one year after the publication of this law from the rock.

Article 5

Assets acquired with the purchase of a Jewish money and that is the patrimony of the purchaser, shall be presumed to have been acquired by the Jew, if money was thrown to this end during the 1940s Dale Septemvrie 6 until 23 August 1944.

Chapter II effects of annulment annulment laws article 6 has the effect of refund goods that have been subject to those acts.
Cancellation pursuant to dispoziţiunilor art. 1 and 2, shall take effect vis-à-vis third parties and subdobânditori rights in rem in immovable property, even if the property is entered in the land register.
Real rights are exempted for guaranteeing the loans repaid, until 6 March 1945 and eventual reconstruction of buildings destroyed or damaged.
Transcripţiunile, inscripţiunile, or any entries made in the registers concerned after the closing date of the cancelled Act, will be removed upon request by the authority, in accordance with the rules laid down in articles 81 and 82. 104 of the code of civil procedure.
In the communes where land books are, deletion of entries made and restore the previous state of the tab will be required on the basis of the judgement of the Jew the irrevocable cancellation, according to the rules of the land register.
Rental contracts are maintained and remain subject to the law. 365 of 4 May 1945.
However, termination of the contract will be required, and the tenant will be evacuated immediately and if the applicant has occupied the building leased, he or his family, home, or for the exercise of a trade or profession, other operatives of the conclusion of the Act canceled.

Article 7 as regards movables annulment under article. 1 and 2, takes effect against third parties subdobânditori, only if they have been in bad faith.
Bad faith is reckoned for third party subdobânditor it turns out that, at the time of awarding goods, could figure out, from the circumstances of the conclusion of the Act or of the characteristic features of the goods in respect of which bear Act, that those goods have been purchased by the first purchaser in rigid conditions. 1 and 2.
Subdobânditori third parties to trade, industry or profession are deemed bad faith, until proof to the contrary.

Article 8 the goods will be handed over to the former holder in the State in which they were received; the funds of the trade, industry or profession will return with the raw materials contained in the time of their transfer, and in case of shortage, it will refund the amount of such raw materials, reckoned at the current price of replacement, established according to legal dispoziţiunilor.
At forced to refund is not responsible for losses, and people that were not made in bad faith or culpable negligence.
The former proprietor shall have the right to compensation for any reduction in the inventory of a trade, industry or profession.
The former holder is subrogat in all actions and rights relating to the goods that were the subject of cancelled documents.
Amounts received as compensation, pursuant to an insurance contract or as a result of a civil offence or other generating damages, in connection with the object of the Act is cancelled due to the former owner.

Article 9 the former holder will refund to the purchaser the price amounts actually paid as or any other prestaţiune.
Legal interest rate due to the purchaser shall be compensated by the amount of fruit the asset in question; If proven, however, that between the two prestaţiuni there is a difference, compensaţiunea operates up to competition smaller value.
The purchaser will be reimbursed for investiţiunile and big reparaţiunile made in respect of the property to be returned, according to the dispoziţiunilor art. 494, para. 2, the final part of the civil code.
He will be able to keep the investiţiunile made over the inventory received, goods, raw materials, furniture or instalaţiuni commercial and industrial businesses from times of workshops, if you can pull it off without getting hurt or damage the Fund racks; for those who can't pull off, the owner will be compensated, as their value at the current price of replacement, established according to legal dispoziţiunilor.
Amounts due from former tenured Jew will be able to pay within six months a final decision staying MORIS. In order to guarantee the payment of these amounts, the purchaser will have preferential rights over property returned, which is conserved by the effect of the cancellation decision transcription in transcripţiuni; in respect of movable property to be returned, the purchaser will be able to ask their recorded or appointment of custodian.
In the communes where there are books with land preparation of removal provided by art. 6, para. 5, it will intabula a mortgage in favour of the purchaser, to guarantee the payment of the amounts to be refunded.
Real rights established by purchaser over the goods subject to the refund shall carry on the price and damages due to the one bound to the refund Article 10 if businesses commercial, industrial or service trades, which operates in real estate restitue, leased or rented, or if their mobile inventory is taken in lease-holder, the former will be substituted in all rights and obligations of the current holder.
Sublocaţiunile, waivers or changes of destinaţiune, made by the purchaser are not opposable to the former owner.
Also, i am not relied on any clauses in contracts of lease entered into after August 23, 1944, which would prevent the application of the ' dispoziţiunilor of the present law.

Article 11 When the Act had cancelled an object of transmission of registered shares of a public limited-liability company shall cancel all transfers and subsequent entries made on the name of the beneficiary or third Act, which were in bad faith within the meaning of art. 7, paragraph 1. 2 and 3, and former holder will issue duplicates of those actions.
Former holders will be able to ask for the cancellation of the General meetings of the company deciziunilor, regarding the merger of the company or at times disolvarea disposal of patrimonial elements essential for the activity of the company, if the composition of the majority took part and whose broadcast was canceled without their vote and whether there was statutory majority would be fulfilled.
In case of cancellation of such deciziuni, the Board of Directors will convene a new General Assembly within 15 days after the final decision remaining dela, to decide upon the agenda envisaged by managerial decision annulled.
If the disposal of the majority of shares had a firm object, where they made an action shows us under deciziuni considered rigid conditions laid down in paragraph 2, which formed the subject-matter of the Act will be granted canceled the former holder of a number of votes in the General meetings, in so far as they would have had if they had subscribed to the broadcasts being made all actions that would have been set aside in relation to the number of shares disposed of.
Disposal of goods or social grevările, made on the basis of deciziuni of the General Assembly which has been cancelled pursuant to dispoziţiunilor above, shall be void, if the third party purchasers were in bad faith.

Chapter III Rules of procedure Article 12 Applications based on dispoziţiunile of the present law, will judge according to the rules of the common law, with the derogations contained in this chapter.
The actions are within the competence of the Tribunal, regardless of the value of the dispute.
They will be able to be entered and the Court of first instance of the place where the Act was concluded.
The courts with more sections will allocate shares to all sections, including those of a notary's Office, regardless of the nature of the dispute.
The term shall be given no later than 15 days after placing the request. dela
Meeting is not mandatory.

Article 13 Actions will judge and, in particular, in the Council Chamber.
All means are permissible for probation as provided by common law, even against the records in order to establish the reality of the legal relations between the parties.
All samples will be required under penalty of revocation, in the first period, except in cases provided for in article 10. 12, point a, b, c of law No. 394 since 1943, to accelerate value judgments.
Administration, admitted by the tribunal, will be done before a single magistrate court delegate.
The magistrate will hold delegate, to this end, further meetings until the administration of all of the evidence, after which it will be fixed within the Court.
Judgment will still be faoe.
Deadline of call flows, in all cases, from the delivery of the judgement.
First instance decision is enforceable and shall not be suspended unless pârîtul was missing and has not been tied to the quote.
The Administration in the Court of appeal will be made in the manner indicated in paragraph 4.
The attendance of the party which is located abroad, or has no known domicile in the country, will be made by her country, procuratorul known to the plaintiff, and failing that, through the Official Gazette and in the person of a curator "ad hoc", appointed by the Court, at the request of the applicant.

Article 14 Measures of insurance of any kind will be încuviinţate upon request, the Court in which the judgment of the main action.
These measures will be încuviinţate without bail.

Article 15 In actions brought under art. 1 of this Act, the Court referred to the judgment of the principal action, noting indications of seriousness of the action will be able to establish, at the request of the party concerned, at any stage of pricinei, judicial seizure of assets that are the subject of the action, and can be called directly on the complainant in that capacity if he receives.
Judicial seizure of buildings located in established upon the communes where there are books, it will land in the land register.

Article 16

In applications for cancellation of a sale of shares will be established by judicial seizure, on these actions.
Companies will be obliged to make entries in the register of shareholders about setting up seizure and will issue a certificate of seizure when making such endorsements, by virtue of this certificate, the seizure will exercise judicial right of shareholder, being exempt from filing actions in the General meetings or, where the law requires that formality.

Article 17 In actions brought under this law, companies which were liquidated for reasons drawn from law enforcement, will be deemed antievreeşti represented by any of the former members, people and companies in the capital of undertakings, through any of the recent legal representatives of the company or by the shareholders referred to in acts of liquidation.
The action instituted by one of the associated companies, in person, or by shareholders representing a majority of the capital in other companies, taking advantage of all those entitled.
In the event of a reconstitution of undertakings, actions under this law will be able to bring or continue the reconstituted company.

Article 18 of this law will be Dispoziţiunile be able to invoke and the pending lawsuits, even in appeal, to set aside or declaring as simulated acts of Jews without the need for modification or additional grounds for action.

Chapter IV final provisions article 19 Dispoziţiuni Actions in temeiate of dispoziţiunile of the present law may be lodged within three months, and for those of the flaţi abroad within a period of one year, from the publication of the present law.
After the expiry of the above legal relations between the parties are not subject to these rules of the common law.

Pursuant to article 20 of this law, dispoziţiunilor are considered to be Jews, natural or legal persons, that have been counted as such by any regulations referred to in article 24(2). eras 1-5.

Article 21 In cases provided for in this law, the annulment will rule even if the State or other persons unable legally exercised pre-emption right.

Article 22 final judgements, lawsuits to annul any acts concluded or a declaration of simulaţiei by the Jews during the 1940s Dale Septemvrie 6 until 23 August 1944 will be reviewed on the basis of prezumţiunilor established in this law, it is considered new for the purposes of art. 290, al. 1 of the code of civil procedure.
It also will be reviewed, the judgements given in trials held in fictionally between the parties for the purpose of fraud law simulaţiune times, Septemvrie during the 1940s Dale 6 until 23 August 1944, if one of the parties was a Jew.
So they can be reviewed, the judgements made in any matter of public auctions held by courts, tax authorities, comisiuni County or other administrative authority during the 1940s Dale Septemvrie 6 until 23 August 1944.0-whether relating to Jews who were not defended at all for the reason that they were evacuated in massă the place where they had their domicile There were detachments of the external labor times were prevented from presenting themselves to the Court on grounds of the racial or political.
The request for review shall be stipulated by art. 19. Article 23 legal Deadlines for the acquisition, preservation or extinction of the rights of all kinds, time limits for lapse and prescripţiune, as well as the time limits for the exercise of any remedies, in respect to the Jews who were detained in prisons, deported, interned in the camp, are in forced labor detachments exterior, or dispose of in massă where they had domicile and, if they have expired while they were in the situaţiunile shown above , are extended until 1 January 1946.

Article 24 the testimony given by the Jews, money order in accordance with the provisions of law No. 196 since 1942, to combat camouflage property, rights and interests to suppress Jewish and destabilise work of romanianization, recognitions made in any way Jewish holder until August 23, 1944, as well as any evidence based on the basis of that law do not apparently Act constituesc proof of reality.
Recognitions and confirmative acts made by Jews after August 23, 1944, are valid.
The statement made by the purchaser at any stage of the procedure prescribed by law. 196 since 1942, which recognized the nerealitatea Act, is irrevocable and is proof of simulaţiunii.

Article 25 final Decisions handed down by special courts comisiunile, established by law No. 196. 1942, remain only in case when nerealitatea finds the operation studied.
Seized goods on behalf of the State in the light of these decisions, it will refund the holder of the Jew, generally in the present law.
The amounts resulting from the administration of the goods seized or property taken into provisional administration by the former National Centre of Romanianization, either on the basis of a decision of confiscation, under the relief measures taken during the checking procedure and judgment of camouflaging, cash will be refunded the one îndrituit.
In cases where the former National Centre of the goods taken into provisional administration which was ruled by the special confiscation comisiunile dc, in accordance with article 5. 26 of law No. 196 since 1942, President of the Tribunal will be called once, by Ordinance under art. 67 of the law's restrictions, accelerate Jewish holder, at his request, as the seizure of property.
This request will be made within 60 days after publication of the present law, which from the independent action of the main introduction until the expiry of that period, administraţiunea will continue today in being.
If the holder of the Jew will not be done within the application or if there will be filed, according to the main action of this law, the goods will be returned to the one from the rock which have been taken over by former National Centre of Romanianization.
Disposal scrisurilor issued by a Credit Company, Urban Land belonging to Jews, as provided for by law No. Septemvrie 832 19 1941, ceases on the date of that law.
Disposal scrisurilor issued by Urban Land Credit society of Iasi or coupons made their Jews to that company in the article. 4 of law No. 832 in 1941, are null and void. The price of those sales will be charged on the value of the coupons payable and the rest will be returned to the holder.

Article 27, former Jewish Assets in the patrimony of the State as the former legionnaire moves goods or as belonging to the former Ethnic German from Romania, will be returned to the former design, by their alienation was made in the circumstances provided for in this law.

Article 28 Jews who, under the present law, dispoziţiunilor will regain a trade, will be able to ask the commercial firm reînmatricularea without fulfilling any other formalities.

Article 29 companies and individuals as limited-liability companies disolvate or liquidated since liquidated because achieving their object has become impossible as a result of legislative or dispoziţiunilor of any kind with racial character, will be reconstituted by a decision taken in accordance with the statutes or articles of Association, shareholders in the company of people, and in limited-liability companies, the General Assembly will be convened for that purpose by the persons referred to in art. 17, paragraph 2. 1. Managerial decision will be recorded, published and displayed in accordance with art. 91 dn commercial code.

Article 30 Applications and documents, made pursuant to dispoziţiunilor of the present law, are exempt from any taxes, stamps or taxes.
Decision time, the losing party claims they will be obliged, on behalf of the State, to pay the amounts representing fees, stamps and taxes of the action and of the acts of procedure followed in question.
Acts whereby the legal relations between the parties, which earlier had been changed by entering the provisions of this law, as well as those made in application of articles 81 and 82 dispoziţiunilor. 5, are exempt from any fees, taxes, postage or if they will be concluded within the time limit provided for in art. 19. The shape of the instrument and measures will be those imposed by the nature of the legal relationship or object of the Act.

Annulment of article 31, under this Act, does not give the right to the refund of duties and taxes paid, stamps on the occasion of the conclusion of that act.

Article 32 ascunderile, sustragerile or Damage property committed in fraud dispoziţiunilor this law constitute insider trading and sabotage are punished by imprisonment up to 2 years ' dela 3 5 years following the judgment, the procedure flagrantelor felonies.

Article 33 Shall amnestiază all offences, irrespective of their qualifications, whether they remained undiscovered, whether it can be found in the course of research, training, or are definitively judged, that have been tested or committed to the conservation, protection or rights that holders can harness the Jews on the basis of this law.
Amnestiază contravenţiunile are all committed as part of the tax acts falling within the provisions of this law.
Amnestia applies the main authors, accomplices and instigators, favorizatorilor and tăinuitorilor.

Dispoziţdunile article 34 of this law can be invoked only by the Jews; the closing date of the Act, were in Romania or were deported.

Article 35

Acts in law for declaring null certain acts of dispoziţiune concluded during the Hungarian ocupaţiunii, will be able to cancel only the very top of that law, even if the plaintiff is Jewish.
Given in Bucharest on 30 July 1945.
No. 2,391.