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Law No. 715 Of 7 September 1946

Original Language Title:  LEGE nr. 715 din 7 septembrie 1946

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LEGE no. 715 715 of 7 September 1946 on the establishment of compensation due to the evacuated population of South Dobrogea, following the Roman-Bulgarian Treaty of 7 Septemvrie 1940 ( Decree No. 2,723 of 4 Septemvrie 1946 )
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 207 207 of 7 September 1946



+ Article I Commission established by decision of the Ministry of Agriculture and Domains No. 234 of 24 April 1946 , by virtue of the journal of the Council of Ministers No. 345 of 28 March 1946, which is ratified by the present decree-law, will establish first of all the existence of abandoned goods or remaining crops, having full freedom of appreciation, after: statements made according art. 2 2 and 3 of Decision No 234 of 27 April 1946 , the works of the Romanian-Bulgarian Joint Commission for the exchange of population and mixed Subcommittees, constituted by them, as well as in general after any other conclusive evidence in question, of the Romanian authorities, such as the Ministry of Agriculture and Domains, Ministry of Finance, etc. + Article II The liquidation commissions will proceed to reassess the goods abandoned by the evacuees in Cadrilater, according to the following rules: a) The value of the crops will be determined according to the official price in force at the date of the occurrence of the present law, at the average harvest per hectare, that is 200 kg for cotton, 600 kg for sunflower and 1,000 kg for corn. For the other harvest categories, the average production established by the Ministry of Agriculture and Domains, the Agricultural Economy Department, for 1940, in South Dobrogea will be considered; b) The value of the buildings (including the land related to them) and the house lots will be established by multiplying with the coefficient 15 of the price established by the Romanian Subcommission of the Romanian-Bulgarian Joint Commission. If the good of the evacuee due to some cause has not been evaluated by the Romanian-Bulgarian joint commission, the price will be determined by the liquidation commissions in the Office, by comparison with the reassessments of similar cases; c) The value of the crop land will be established on the basis of the official regional arses established for the years 1939, 1940 and 1941, by Decision published in the Official Gazette No. 250 of 27 October 1938 , for Caliacra County and through Decision published in the Official Gazette No. 300 of 24 Decemvrie 1938 , for the county. Durostor, multiplying with an 800 reupdate coefficient, this lease established by the regions; d) The value of the special crop land: vineyards, gardens and orchards of fruit trees, exclusively the buildings, will be reassessed according to the same basic price as in the previous paragraph, the reupdate coefficient settling at the gardens of zarzavat 1,600, at the orchards of fruit trees on fruit 2,000 and the noble vineyards on fruit 2,500. + Article III By the same decision, the liquidation commissions will also determine the consistency and value of the goods received from the State by the evacuees of Cadrilater, as follows: a) The value of cereals received in kind at the official price in force at the date of publication of the b) Money aids will be updated by multiplying by the coefficient of 50; c) The value of the living and dead agricultural inventory received from the former General Commissioner of Dobrogea will be calculated by updating the flow rate resulting from the outstanding rates at the date of occurrence of this law with the coefficient 50. d) The value of the crop land received by the evacuees of Cadrilater by virtue of the laws of colonization or recolonization by virtue of the agrarian reform law of 23 March 1945, will be established by multiplying by 800 lease established by the regions by the Ministry Agriculture and Domains for the year 1938-1940; e) The value of the buildings, including the land related to them and the house lots will be established by multiplying by the coefficient 15 the price established by the Romanian-Bulgarian and Romanian-German mixed commissions or by the Romanian competent bodies for 1940; f) The value of the special crop land: vineyards, gardens and orchards of trees on the fruit, exclusively the buildings; it will be counted according to the same basic price as in paragraph d, above; the discount coefficient being at the gardens of zarzavat 1,600, at the orchards 2.000 and to the living noble on rod 2,500. The resulting debit balances in favour of the Ministry of Agriculture and Domains, the Directorate of Liquors, will be followed according to the provisions of the tax procedure code. For colonist evacuees recolonized, this balance will be able to be staggered in no more than 10 annual installments. The rights due to the evacuees will be liquidated in cash and in annuity titles, in the proportion that will be established by the ossebita law. + Article IV The debits in the colonization in South Dobrogea of the evacuated settlers will be charged in compensation, as follows: Due compensation for the lands of the colonists evacuated calculated according to art. 2, will be divided into 25 parts, the State being obliged to pay only so many parts of this compensation how many installments from the initial debit paid the settler until March 28, 1946. The rest of the compensation parties, the equivalent of the unpaid debit rates, will not be counted in the total calculation of the compensation. + Article V The decisions of the liquidation commissions, will be displayed for 30 days off at the headquarters of the liquidations Directorate of the Ministry of Agriculture and Domains. These decisions cannot be appealed any way of ordinary attack, but only on the way of the appeal, according to the law of the High Court of Cassation and Justice. The appeal shall be lodged with the Secretariat of the Commission for the liquidation of which the decision is contested The term of appeal shall run from the expiry of the period In the event that the appeal has been declared, the execution may be suspended by the conclusion of the liquidation commission, at the request of the recurring party introduced with the filing of the appeal. The rectification of decisions for calculation errors or material mistakes will be able to be made either ex officio by the liquidation commission or at the request of the interested party in accordance with the provisions of art. 292 292 of the civil procedure code. + Article VI The decisions of the Liquidation Commissions remaining final by the expiry of the period stipulated by the previous article shall constitute a debt instrument in favour of or against the State and shall be executed by the Direction of the liquidations of Domains. + Article VII The documents necessary for the residents evacuated from South Dobrogea, which will be used before the Liquidation Commissions, in support of their protections, as well as the procedure established by this law, are exempt from any stamp duty and registration. + Article VIII Any provisions contrary to this law shall be repealed. ------