Law No. 163 Of 14 March 1946 To Replace The Provisional Land Records Books, Books Of Land Destroyed, Stolen Or Lost

Original Language Title:  LEGE nr. 163 din 14 martie 1946 pentru înlocuirea provizorie cu cărţi de evidenta funciară, a cărţilor funciare distruse, sustrase sau pierdute

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LAW No. 163 of 14 March 1946 to replace the provisional land records books, books of land destroyed, stolen or lost in ISSUING CIVIL LAW PARLIAMENT Published the USUAL vol II Excerpt Chapter 1 General provisions Article 1 In judicial districts where land books were destroyed, stolen, or lost altogether or in part, sections of the land register will be drawn up at the request of the person concerned, land records books, in accordance with the provisions of this law.

Article 2 the book of record of the land will be prepared only in the following cases: 1. when it gets or detract from the ownership of a building, or constitutes it gets, alter or detract from another real estate law or by a legal act or under the law;
2. where it is required to be registered in a personal right which may be noted or rank of a foreclosure.

Article 3 the provisions of laws, regulations and ordinances of the land register in force shall apply accordingly for the drawing up and keeping land records, books and records made in them, if not provided otherwise by law.

Article 4 entries in the books of record of the land, do not touch real estate, rights acquired previously to the publication of this law, personal rights or what became opposable prior to that date, remain, according to the rules then in force.
It also does not affect rights in rem of immovable property acquired pursuant to the laws of improprietarire and of Decree-Law No. 3073 on 8 September 1940-1).
— — — — — — — — — — — — — — — — — — — — — — — — — — — — * 1) law of 8. IX. 1940 for property rights on the basis of court rulings for the expropriation and improprietarire, as well as for sales made by the State of the areas expropriated and those resulting from the exercise of the right of pre-emption.
— — — — — — — — — — — — — — — — — — — — — — — — — — — — the wording of the text of paragraph 3. 1 is incomplete. It must be understood in the sense that the real estate rights acquired prior to publication of this law, as well as the personal rights that have become opposable prior to that date, shall remain valid to the extent that they have been obtained according to the rules then in force.

Article 5 Of the law on the publication front, rights in rem over real estate, situated in the communes of land whose books were destroyed, stolen or lost, will be receiving transplant or change only through entry in the books of record of the land; all this will be able to extinguish rights entered in the books of record of the land.
Are exempted from this rule because of dobindirile death, acceding, forced sale, adverse possession and expropriation.