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Law No. 203 Of 23 June 1947 For Regulating Movement And Establish The Legal Regime Of Agricultural Real Estate *)

Original Language Title:  LEGE nr. 203 din 23 iunie 1947 pentru reglementarea circulaţiei şi stabilirea regimului juridic al imobilelor agricole*)

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LEGE No. 203 of 23 June 1947 for regulating the circulation and establishing the legal regime of agricultural buildings *)
ISSUER JUSTICE MINISTRY
Published in OFFICIAL MONITOR NO. 140 of June 23, 1947



Note * *) Text corrected according to the rectification published in the Official Gazette No. 162 of July 18, 1947. + Chapter 1 + Article 1 There are agricultural buildings within the meaning of this law: 1. The lands located in the rural communes, outside the village hearth, together with the buildings on them. The vineyards, forests, as well as land that really have an industrial or commercial impairment, are exempted. 2. Arable lands, pastures and meadows located outside the buildable perimeter of the Municipalities, urban communes, suburban communes, climatic or spa resorts. + Article 2 Agricultural buildings cannot be acquired by acts between vineyards except with the authorization and in compliance with the right of preemption of the State, according to the distinctions and according to the provisions of the present law. + Chapter 2 + Article 3 They are exempted from the authorization of the authorization, as well as from the exercise of the right of preemption, the alienations between relatives in direct line, up to the third degree inclusive, with the restrictions provided in this law, regarding the ceiling property. They will benefit from the provisions of this article and collaterals until the third degree inclusive, if the owner does not have descendants. + Article 4 The authorization for the interest of any agricultural building, regardless of the stretch, will be given by the Ministry of Agriculture and Domains, at its appreciation. The Ministry of Agriculture and Domains, can delegate the Agricultural Chambers to give authorization of interest, for agricultural buildings up to the stretch of 5 ha, applying the provisions that will be established by the ministerial decision published in the Gazette Officially, according to art. 18. The authorization will be given with the opinion of the commissions provided by this law. + Article 5 The application for authorization will be addressed by those interested to the Ministry of Agriculture and Domains or the Agricultural Chamber where the agricultural building is located, according to those provided by art. 4 of the present law and will show: a) Name, surname, profession and domicile of the alienator and the acquirer; b) The county and the commune where the building is located; c) Identification of the property through the neighborhood or in the communes where there is a funduary book by the number of funduary book and topographic number. Extent and nature of arable agricultural property, plantation, pasture, waters, forests, buildings, fanat, uncultivable); d) Price and conditions of sale or valuation of the property if the alienation is made with another title. + Article 6 The acquirer will meet the following conditions a) Be a Romanian citizen; b) To have the sole occupation of agriculture or to be a small rural official in the locality where the land is brought down; c) Not to possess, by purchase, both spouses and minor children, throughout the country, more than maximum 15 ha, including the area that is bought. Proof of fulfilment of these conditions will be made with a certificate issued by the town hall of the commune in which the acquirer resides, completed with his declaration on all land, which he possesses. + Article 7 Agricultural production cooperatives will obtain interest authorizations, if they were constituted according to a Statute approved by the Ministry of Agriculture and Domains and the Ministry of Cooperation and if the members meet the conditions of art. 6. The members will not be able to divide between them the buildings acquired, under any circumstances, in property, use or exploitation and under no title, except with the prior authorization of the Ministry of Agriculture and Domains. This authorization will be given only if each member returns a stretch of at least 2 ha to the ses and 1 ha to the mountain and hill, after which the lots thus established will fall under the legal regime provided by this law. If the division is made between the members without taking into account the above provisions, the land passes into the patrimony of the State, through the decision of the Ministry of Agriculture and Domains, considering itself alienated without authorization. The price of this land will be determined in the conditions of this law + Article 8 They can be trained by sale, with the authorization of the Ministry of Agriculture and Domains, without fulfilling the conditions required by art. 6, agricultural land, up to 5 ha, for the purpose shown below: a) For the establishment or development of any industry; b) For the execution of irrigation, damming or drainage works; c) To make tree nurseries, forest trees or grafted beef; d) To open roads, irrigation channels or pipes; e) To build-around railway stations, or ports-sheds, warehouses, grain cleaners, cellars or wine cellars; f) In order to establish rational cattle fatteners or systematic poultry farmers; g) To build villas, rest houses, sanatoriums, as well as any buildings of general interest. The buyer of land intended for the establishment or development of agricultural industries, will also present in advance an investment plan, and for non-agricultural ones and the approval of the Ministry of Industry and Trade. The bonds taken will enroll in the act of interest and in the funduary book. The deadline for bringing these bonds to fruition is two years, with the right of extension by the Ministry of Agriculture and Domains. Failure to meet these conditions, apart from cases of force majeure, entails the annulment of the act and the passage of the property on the State, with all the investments made on it. Nullity is public order and can also be required by the Ministry of Agriculture and Domains by presidential ordinance, according to art. 67 of the acceleration act of June 23, 1943. The land acquires coming under the provisions of this article, will ask the Ministry of Agriculture and Domains to find that they have fulfilled the bonds taken and then, on the basis of the approval given, to ask the Court or Tribunal, as is the case, The erasement of the task, the land losing the character The tribunal will judge the emergency request, in the Council Chamber, also quoting the State,-through the Ministry of Agriculture and Domains. + Article 9 The interest authorization will be valid for 6 months from the date when it was communicated to the petitioner. + Article 10 In case of refusal of the authorization of interest, the State through the Ministry of Agriculture and Domains will have the right to buy the property, within a period of 40 days, counted from the date of refusal of the authorization, with the price and in the conditions shown in the present Law. + Article 11 Agricultural buildings can be changed with the authorization of the State both between them and with other buildings of the same extent or value, or when they do not differ by more than 10 percent. The acquirer of agricultural land must meet the conditions required by art. 6. If the exchange is made in order to merge, the act will be exempt from the payment of stamp duties, proportional and exceptional tax. + Chapter 3 Exercising the right of pre-emption + Article 12 Alienation in total or in part of any agricultural buildings provided by art. 2 of this law, more than 5 ha, is also subject to the right of preemption of the State, which will be exercised by the Ministry of Agriculture and Domains, at the price and in the conditions of alienation communicated, with the exception and according to Provisions of this Law. In this case, a commission composed of a delegate of the Ministry of Agriculture and Domains, together with its owner a power of attorney, under the chairmanship of a magistrate delegated by the Prime-President of the Court of Appeal of Bucharest, will determine real price. It will be required of the owner, by notification, to submit or send his/her authorized or in commission, within 10 days from the receipt of the notification, and if the owner fails to comply with the notification, the pricing will be made by those two delegates. The commission takes into account all the evaluation elements, will submit a report showing the value of the property after the current prices. If the owner does not accept this price, the Ministry of Agriculture and Domains will refuse to grant the right of sale. + Article 13 The alienator will notify the Ministry of Agriculture and Domains of the intention to alienate, or the project of the contract of alienation, showing the surface of the building as far as possible by categories of land; arable, plantations, pastures, waters, forests, buildings, the price and conditions of estrangement, the tasks that encumberate him, as well as the person who is to acquire the property. The signature of the alienator will be legalized by the notary or the respective detour judge. The notification will be attached to the children on the property titles that possess and according to the plan outline of the property. The right of pre-emption shall be exercised within 60 days of receipt of the notification which may not be withdrawn or amended within this period. If the State does not exercise its right of pre-emption, the alienator will be able to transmit the agricultural property to the person shown in the notification, based on the authorization of interest. The estrangement is to be made in the notified conditions, within 3 months from the receipt of the reply, by which the Ministry decides that it does not exercise the right of pre-emption or from the expiry of the term for the exercise of this right. If in this term the act of alienation has acquired the definite date, but the request for transcription or enrolment in the funduary book has not been made, the agricultural building can only be sold, repeating the forms provided above. + Article 14 When the State notifies the alienator that it exercises its right of pre-emption, it will fix by answer the term, which will not be shorter than 10 days nor longer than 30 days, for the surrender of original title deeds, which the seller possesses and for the preparation and authentication of the sales act. The price will be paid within 30 days, counted as the case may be, from the filing of title deeds or from the expiration of the deadline fixed for their submission, according to the provisions of the previous paragraph, outside only if the contract or offer provides longer deadlines. If the examination of the documents results in doubts on the property or tasks, the Ministry of Agriculture and Domains will be able to give up the purchase, within 30 days provided in par. 2. + Article 15 If the alienator does not submit the necessary documents or does not appear on the date fixed for the authentication of the act, the price will be recorded in cash at the Deposit Cassa and the consigning receipt will be submitted to the Tribunal in the constituency to which is the building. The Ministry will ask the Tribunal for the finding of the transmission of the property to the State and the possession of the The court in the constituency to which the building is located will judge the request in the Council Chamber, emergency and in particular, the alienator is also quoted. The sentence holds title to the title. + Article 16 If the sale cannot be made according to the law, except by public auction, only those who meet the conditions of art. 6. The state has the right of preemption to the price and the conditions of the adjudication. Towards this end, the executing court will communicate the sale to the Ministry of Agriculture. The court will also communicate the minutes of final adjudication or the tender minutes for Transylvania, the Ministry of Agriculture and Domains. If the State does not respond to the court, within 30 days of receiving the communication, that it understands to exercise the right of pre-emption, it will be reckoned that it has given up exercising this right. From the final adjudication until the expiry of the 30-day period provided by par. 3, the deadlines and procedural documents provided by the law for the forced execution of non-moving goods are suspended. If the State exercises its right of pre-emption, the price will be submitted within 30 days from the receipt of the communication, provided by par. 3 3 of this article. + Chapter 4 Authorisation fees + Article 17 For the granting of interest authorizations, as well as for the exercise of the State's right of preemption regarding agricultural land, the Ministry will decide on the basis of the opinion of a Special Commission, which will operate under the Property of the Ministry of Agriculture and Domains, composed of: 1. A Secretary General of the Ministry of Agriculture and Domains, delegated by the Minister. 2. A farmer delegated by the Ministry of Agriculture and Domains. 3. Director of the Department of State Property and Goods of the Ministry of Agriculture and Domains. 4. Director of the Forest Regime Directions of the Ministry of Agriculture and Domains. 5. Director Of The Plant Production Direction. 6. Director of the Colonization Direction. For each member, an alternate will also be designated, which will replace the holder if necessary. The commission is established by the decision of the Ministry of Agriculture and Domains, under the presidency of the Secretary General. The commission will work with at least 4 members, the presence of the president in all cases being mandatory, under penalty of nullity of opinion. The commission will rule with the majority of votes of those present. In case of parity of votes, decide the president's vote. + Article 18 For the granting of acquired permits, up to 5 ha., the respective Agricultural Chamber will be able to decide in accordance with the delegation that will be given to it by the Ministry, based on the opinion of a Commission that will operate under each Chamber. The commission will be composed of: 1. Prefect of the County. 2. Head of the County Forest Service. 3. Director of the Agricultural Chamber. 4. In the farmer co-opted by the other 3. For each member, an alternate will also be designated. The commission works under the chairmanship of the Prefect with little 3 members, and in the absence chairs the Director of the Agricultural Chamber The commission will rule by a majority. In case of parity, it will decide the president's vote + Article 19 The opinions given by the commissions provided by art. 17 17 and 18 above, must be motivated. The interest authorization will be given by the Ministry of Agriculture and Domains, within 45 days, from the date of registration of the application. + Chapter 5 Funding of pre-emption + Article 20 In order to ensure the necessary financing for the effective exercise of the right of preemption of the State, with all operations related to the exercise of this right, the Ministry of Agriculture and Domains is authorized to modify the concluded convention with the National Agricultural Credit, published in the Official Gazette No. 299/939 and to conclude the conventions with other financial institutions. The respective conventions will be concluded for no more than 30 years and will enter into force after their approval, by Decree published in the Official Gazette. In the event of the expiry of the term, the conventions shall not be extended, the respective financial institutions shall retain all their rights from the expired conventions, for all non-stiched operations until that moment and which they shall continue. until their final liquidation. The operations provided by the present law regarding the purchase, parcel and sale of agricultural properties obtained by exercising the right of preemption, will be carried out by the financial institutions, through a special agricultural section, which these institutions are obliged to set up and keep it within the framework of the organization. + Article 21 The agricultural buildings acquired through the exercise of the right of pre-emption, are bought in the name and at the expense of The purchase documents are concluded by the State, and the financing institution will subrogue in the seller's privilege in the conditions of art. 1.738 1.738 c. c. + Article 22 The agricultural buildings acquired by exercising the right of preemption will be affected to the following purposes: 1. For works of general interest and for the establishment and endowment of various institutions of public use designed to help the development of agriculture and agricultural education, to the spread of agricultural knowledge; experimentation and multiplication of selected seeds and breed reproducers, schools of agriculture of all grades. 2. For sale, either directly or through the financing institutions, to those authorized to buy property in accordance with the present law. + Article 23 The sale price of the buildings acquired on the basis of this law will be established by the Ministry of Agriculture and Domains, taking the basis of the purchase price and adding the expenses made with the acquisition of the property and the interest on the invested capital. + Article 24 Buyers of agricultural buildings acquired by financing the financing institutions, based on the present law, will pay the price in accordance with the conventions that will end with the financing institutions. + Chapter 6 Legal regime of agricultural buildings + Article 25 The agricultural buildings from the State can be mortgage only to the financial institutions authorized by the Ministry of Agriculture and Domains, by the ministerial decision published in the Official Gazette. Any mortgages made without the authorization of the Ministry of Agriculture and Domains are declared null and void effect, nullity being of public order. + Article 26 The owner of these buildings will provide proof of property with the title of impropriety and with the certificate of perception that he has paid the full value of the lot, otherwise the State retains the privilege over the lot for the price, following its value in the first rank and in the hand of whoever the lot is. + Article 27 Agricultural buildings bought from the State, through the financing institutions, under the present law, cannot be mortgaged or alienated only after they have been fully paid and in compliance with the provisions of this law. + Article 28 The property of agricultural buildings from purchase to a maximum of 15 ha is capped and no one can possess, under any circumstances, a cultivable property by buying more than 15 ha, being understood by a spouse and minor children. The application of the above provisions will be made regarding purchases made after May 1, 1947. + Article 29 If the purchase is increased the agricultural property above the limit provided in art. 28, the holder or holders of the property rights, are obliged to liquidate the difference by sale in the conditions of this law within 90 days. + Article 30 Over this term the difference will be bought by the State at the price offered, according to the provisions of this law. If the areas exceeding 15 ha are not declared by the holder, after the expiry of the period provided for in paragraph 1. 1, they are passed on to the State, from this moment, paying as price 1/2 of the value fixed by the tax, on the occasion of the collection of the registration fee, towards this end, following the provisions of art. 15, para. 2-4. + Article 31 The particular model farms and the opposites recognized as such by the decision of the Central Commission, declare themselves indivisible, they cannot be divided in any way nor even by way out of the indivision, and the alienation can only be done totally, with the restrictions provided for by this Law. + Article 32 In the regions where the land is crumbled, by purchase, there will be familiar lots of at least 5 ha at the ses and 3 ha at the hill and mountain, which thus become indivisible. + Article 33 Agricultural buildings, except those provided in art. 8, can not be divided by estrangement and by way of succession than to the extent of 2 ha to the lowlands and 1 ha to the hill and the mountain. The stretches below 2 ha at the lowlands and 1 ha on the hill and the mountain are declared indivisible. + Article 34 The agricultural buildings purchased by the agricultural production cooperatives, by purchasing from the State in areas exceeding the ceiling provided by the law and which are merged, cannot be divided in any form, thus becoming indivisible. Individuals ' rights can be transmitted by alienation to those who meet the conditions of art. 6, in compliance with the right of authorization or pre-emption. + Chapter 7 Estate of agricultural buildings + Article 35 Transmissions by way of succession of agricultural buildings, between relatives in direct and collateral line, up to the third degree, including the surviving spouse, are done without any restriction, and the others can only be done under the conditions. the present law, in compliance with the authorization obligation and the right of preemption of the State. + Chapter 8 Final and transitional provisions + Article 36 The transmission of property of agricultural land can only be done by authentic and transcribed acts. + Article 37 They are void of law the acts of alienation made in another way or without authorization and with the violation of the provisions of art. 6 6, 12 and 29. Nullity is public order and can be invoked by any interested party, the Public Ministry and the Ministry of Agriculture and Domains. + Article 38 The Ministry of Agriculture and Domains can ask for the declaration of nullity of the act, that the State be substituted in the rights of the one who alienated the agricultural property. In such circumstances, the Ministry of Agriculture and Domains will return to the acquirer, directly or through the financing institution, the price provided for in the sales contract, or the value of the property if the alienation was made with another title. The value of the property that will be restored to the acquirer will not be able to exceed the real value of the property at the time of purchase, according to the provisions of the The compensation for the investments made from the interest and until the introduction of the action in finding the nullity of the act, will be established at the request of the one interested in court. The state will be obliged to pay the amounts due, according to para. 2 and 3 above, within 1 year, counted from the date when the claim in restitution and indemnity became certain, liquid and chargeable. If the resale of the property will be made within this period, the State will not be obliged to pay with the title of refund and compensation than at most the price obtained by resale. The resale will be done through public auction. + Article 39 All acts by which the State, directly or by the financing institution, acquires or alienates the agricultural buildings by virtue of the rights given to it by this law, shall be exempt from the proportional tax and any other taxes or fees to the State, county, commune or special funds, when they fall to the State. + Article 40 The courts will be able to give terms of grace to the acquires obliged by the law, to make certain interventions in the conditions of the provisions of the Civil Code. + Article 41 The liquidation of the preemption operations for all sales notified to the Ministry of Agriculture and Domains, until the date of publication of this law, will continue according to the norms in force, until the date of implementation of this law, with the restrictions with regard to the plan of not more than 15 ha. + Article 42 Estrangements of agricultural land by acts with the title onerous or free made by farmers with a property under 5 ha in persons other than descendants up to the third degree, after 1 August 1946 and until the publication of the present law, in the regions that suffered because of the drought, are presumed to have been made under the empire of coercion and as such are declared null and void. If it is found that the seller, posterior of the sales act, bought another agricultural land, place of house or house in the city or in the country, the sale is not declared null and void. The regions that suffered from the drought will be determined by the decision of the Ministry of Agriculture and Domains. + Article 43 The agricultural properties that have become more than 15 ha, after May 1, 1947, in a different way than by succession will agree to this law within 90 days. + Article 44 The sale-purchase documents up to 5 ha, are exempt from the assistance of lawyers and judicial stamp, the identification of the parties being made by the authentication court. + Article 45 The provisions of the agrarian reform laws provided by art. 32 of the law for Oltenia, Muntenia, Moldova and Dobrogea; art. 81 of the Regulation of the same law; art. 25 of the agrarian law for Bucovina; art. 47 of the agrarian law for Transylvania; provisions of art. 1-11 of the law for the organization and encouragement of agriculture, published in the Official Gazette No. 67 of March 22, 1937; the law for the financing of the preemption of agricultural buildings; decree-law No. 641 for the validation of some sales of agricultural properties made with the ironing of the provisions of Title I of the law for the encouragement of agriculture of 1937, published in the Official Gazette No. 185 of August 12, 1946, as well as any other provisions to the contrary to this law, shall be repealed. Agricultural goods from application Agrarian Reform Law No. 187 of 1945 , remain subject to the provisions of that law. + Article 46 They consider themselves as small rural officials in the spirit of art. 6, paragraph b, of this law: church singers, cantoners, communal secretaries, rangers, health agents, veterinarians, guards, postal factors, communal telephonists and agricultural agents. + Article 47 An application regulation will develop the provisions laid down in this law, as well as the organization and competence of the Directorate of State Property and Goods in the attribution of which the present law is given. --------------------