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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LAW No. 203 of 23 June 1947 for the settlement movement and the establishment of the legal regime of agricultural real estate *) MINISTRY OF JUSTICE ISSUING published in MONITORUL OFICIAL NR. 140 dated 23 June 1947 Note *) Text corrected according to rectifying the problems arising in the Official Gazette No. 162 of 18 July 1947.


Chapter 1 article 1 Are agricultural estate meaning of this law: 1. Land located in rural communes out of the village, along with the home buildings on them. It exempts vineyards, forests, and land that have really an industrial or commercial afectatiune.
2. Arable land, pastures, and fanetele located in the Municipalities of out permision, suburban municipalities, urban communes, or climatic spa resorts.


Agricultural Buildings article 2 cannot acquire any between autorizaţiunea and live only in compliance with the right of pre-emption of the State, after distincţiunile and according to the law of the face.


Chapter 2 article 3 Are exempt from the obligation of autorizaţiunii, as well as to the exercise of the right of pre-emption, disposal, between relatives in direct line, up to the third degree inclusive, with restrictiunile provided for in this law in relation to the property's roof.
Will benefit from dispoziţiunile this article and collaterals up to the third degree inclusive, if the owner has no descendants.


Article 4 of the Autorizaţiunea provides any real estate, whatever, will be given by the Ministry of agriculture and the fields at his appreciation.
Ministry of agriculture and Areas, may delegate its Rooms give Agricultural authorization provides, for agricultural buildings up to the extent of 5 hectares, using dispoziţiunile to be set through the year, as published in the Official Gazette Ministerial, according to dispoziţiunilor art. 18. Autorizaţiunea will be given the comisiunilor of this law.


Article 5 application for authorisation will address those interested in Ministry of agriculture and Agricultural Areas or Room where the property is situated, according to those laid down in articles 81 and 82. 4 of the law of the face and will look like: a) the surname, forename, occupation and place of residence of the purchaser and înstrăinătorului;
  

b) County and township where the property is situated what alienates;
  

c identification of the real estate by neighborhood) or in the communes where there is book number funduara book funduara and topographical number.
  

The extent and nature of agricultural real estate, plantatiune farm, pasture, water, forests, buildings, meadow, necultivabil);

d) price and ready for sale or real estate assessment if the disposal is done with a different title.
  


Article 6 Dobanditorul will fulfill the following conditions: (a)) to be Romanian citizen;
  

b ocupaţiune only) to have agriculture or small rural locality where the Clerk shall acquire the land;
  

c) not to possess, purchase, both spouses and minor children, across the country, more than a maximum of 15 hectares, including the surface of what it buys.
  

Proof that these conditions will be made with a certificate issued by the Town Hall of the commune in which they are domiciled or dobanditorul, complete with its statement on all lands, which they possess.


Article 7 agricultural cooperatives of production will get autorizatiuni of at least 20,000, if they were established according to a Statute approved by the Ministry of agriculture and Cooperative Ministry Areas and whether members meet the rigid conditions of art. 6. Members will not be able to divide between them is made, under any circumstances, ownership, use or operation and under any title, except with the prior of autorizaţiunea Ministry of agriculture and areas. This autorizaţiune will be given only if each Member would return a stretch of 2 ha at lowlands and 1 ha in the mountains and Hill, after which the lots thus established will fall under the legal regime provided for by the present law.
If it makes the division between members without regard to dispoziţiunile above, the land pass into the State's heritage through managerial decision Ministry of agriculture and Areas as se alienated without autorizaţiune. The price of this land will be established in the very top of this law.


Article 8 may alienate by sale, with the authorization of the Ministry of agriculture and Areas, with condiţiunilor required by article 92. 6, farmlands, up to 5 ha, in the order shown below: a) For Foundation or the development of any industry;
  

b) For execution of irrigation or drainage, embankment works;
  

c) to make tree nurseries, forestry tree times of altoita;
  

d) to open roads, irrigation channels, pipelines times;
  

e) to build around railway stations, or port-huts, warehouses, grain cleaners, wine cellars cellars times;
  

f) to establish reasonable ingrasatorii cattle poultry fanciers systematic times;
  

g) to build villas, rest homes, sanatoria, and any buildings of general interest.
  

The buyer of the land intended for the Foundation or the development of agricultural industries, will submit beforehand and plan for investitiuni, and for the non-agricultural and industry and Trade Ministry approval.
The bonds will be taken in the Act of at least 20,000 and in the book funduara.
The time limit for bringing to fruition of these bonds is two years, extension of the Ministry of agriculture and areas.
Failure to comply with these conditions, except in cases of force majeure, shall entail the annulment and passage of the building over the State, with all the investitiunile made on him.
Nullity is public order and may be required and the Ministry of agriculture and the areas through the Presidential Ordinance, under art. 67 of the law of 23 June 1943 acceleration.
Dobanditorii delving beneath the land provisions of this article, they will ask the Ministry of agriculture and the areas to check that they have fulfilled their obligations and then, on the basis of data require the approval of the Court, or Tribunal, as the case may be, termination of pregnancy, loosing infield character.
The Tribunal shall judge the emergency request, the Council Chamber, citing and the State-Ministry of agriculture and areas.


Article 9 provides for Autorizaţiunea will be valid for 6 months from the date when it was communicated to the petitioner.


Article 10 if it is refused, the State provides autorizaţiunii of Ministry of agriculture and the fields will have the right to buy the property, within a period of 40 days, reckoned from the date of autorizaţiunii, at the cost of denying and in generally referred to in this law.


Article 11 farm Buildings can be changed with the authorization of the State both among themselves and with other buildings of the same expanse or amount, or when they do not differ by more than 10 per cent.
Dobanditorul agricultural land must meet rigid conditions required by art. 6. in the case when the Exchange is done in order to act comasarii, will be exempt from paying stamp duty, tax, proportionately and exceptional.


Chapter 3 right of pre-emption Article 12 total Estrangement or in part of any agricultural real estate set out by art. 2 of this law, greater than 5 ha, and is subject to the right of pre-emption of a State which will exercise by the Ministry of agriculture and Domains at the price and at the very top of alienation, with excepţiunea and dispoziţiunilor of this law.
In this case, a comisiune composed a delegate of the Ministry of agriculture and the areas along with the owner or trustee, under the chairmanship of a magistrate first delegate President of the Bucharest Court of appeal, will determine the actual price.
It will ask for the owner, by notice, to submit or to send their representative or in comisiune, within 10 days of receipt of the notification, and if the owner does not grant notification will be made through price fixing the two delegates.
Comisiunea taking into account all the elements of assessment, will make a report that will show the current value of the property prices.
If the owner does not accept this price, the Ministry of agriculture and the fields will refuse to grant the right of sale.


Article 13 Înstrăinătorul shall notify the Ministry of agriculture and intenţiunea Domains to alienate, or draft contract of sale, showing the surface of the building as much as possible on the ground; arable land, pastures, plantatiuni, waters, forests, buildings, price and ready for disposal, the tasks it burden, and person to acquire the property.
Înstrăinătorului signature will be notarized by the notary or judge detour respectively.
The notification shall annex copies of titles of ownership you posses and after possible sketch of the plan of the building.
The right of pre-emption shall be exercised within 60 days of receiving notification that cannot be withdrawn, nor altered during this period.
If the State does not exercise the right of pre-emption, înstrăinătorul will be able to convey the property to the person shown in the agricultural, based on the autorizaţiunii of at least 20,000.
Alienation is to make ready the notified within 3 months of the receipt of the reply, by which the Ministry rule that does not exercise the right of pre-emption or the expiry for the exercise of this right.
If within this period the Act of alienation has date Brawl, but have not made an application for entry in the times transcript book funduara, agricultural building can no longer sell than, repeating shapes referred to above.


Article 14


When notifying State înstrăinătorului as they exercise the right of pre-emption, will secure the response deadline, you will not be able to be less than 10 days and no longer than 30 days, for the surrender of the original titles of ownership, which the seller possesses and for drawing up and authentication of the Act of sale.
The price shall be paid within 30 days, counted as appropriate, following the lodging of securities ownership or the expiry of the period for their submission, under the provisions of the preceding paragraph, out only if the contract or provide for longer periods.
If the assessment result of doubt regarding documents or property sarcinelor, Ministry of agriculture and the areas will be able to opt out of the purchase, within a period of 30 days referred to in paragraph 1. 2. Article 15 if înstrăinătorul does not make the necessary paperwork or fails to appear at the time fixed for the authentication of the Act, the price will be made in cash at the Cash deposit, and receipt of stand-by duty shall be lodged with the Court in whose district the property is located.
The Ministry will ask the Tribunal finding the property transmission and sending State in possession of the property purchased.
Court in whose district the property is situated shall judge the request in Council Chamber, emergency and especially, being quoted and înstrăinătorul.
The sentence you instead of property title.


Article 16 If sale cannot be done according to the law, rather than by public auction may not participate than those who meet the rigid conditions of art. 6. The State has a right of pre-emption for the price and the rigid conditions of award. To this end, the Court shall notify the Ministry of agriculture will run publicaţiunea for sale.
The Court shall also communicate the final award or the minutes of the auction, the Ministry of agriculture and areas. If the State will not respond to the Court, within 30 days of the receipt of the communication, as understood to exercise their right of first refusal, it will count as gave to exercise this right.
From the final award until the expiry of 30 days provided for in paragraph 1. 3, suspended timelines and acts of procedure laid down by law for the enforcement of the nemişcătoare property.
If the State would exercise the right of pre-emption, the price shall be submitted within 30 days of receipt of the notification provided for in paragraph 1. 3 of this article.


Chapter 4 Comisiuni authorization article 17 provides for the grant of autorizatiunilor, as well as for the exercise of the right of pre-emption of the State relating to farmland, the Ministry will decide on the basis of the opinion of a Comisiuni special, which will operate under the auspices of the Ministry of National Property and Agricultural Fields, consisting of: 1. A Secretary General of the Ministry of agriculture and the areas, the Minister's delegate.
2. A farmer of Agriculture and delegate areas.
3. the Director of the property and goods of the Ministry of agriculture and State Fields.
4. the Director of the Ministry of Forestry Regime Directiunilor agriculture and areas.
5. the Director of the works of vegetal production.
6. the Director of works for the Colonizarilor.
Each Member shall designate an alternate who will replace if necessary the holder.
Comisiunea is constituted through the managerial decision, Ministry of agriculture and Areas under the chairmanship of the Secretary-General.
Comisiunea will work with at least 4 members, this President in all cases being compulsory, on pain of nullity of the opinion.
Comisiunea will rule by a majority vote of those present.
In case of parity of votes, the vote of the Chairman decides.


Article 18 For grant, acquired autorizatiunilor 5 ha., Agricultural Chamber that may be decided in accordance with delegation which will be given by the Ministry, based on the opinion of a Comisiuni that will operate under the auspices of each room.
Comisiunea will be composed of: 1. the County prefect.
2. Forest Service Chief.
3. the Director of the Chamber of agriculture.
4. The other farmer joined 3.
Each Member shall designate one alternate.
Comisiunea working under the chairmanship of the prefect, with 3 members, and in the absence of the Presiding Director of the Chamber of agriculture.
Comisiunea will rule with the majority.
In the event of parity, the President will decide the vote.


Article 19 Opinions comisiunile data under article. 17 and 18 above, should be motivated.
Autorizaţiunea of at least 20,000 will be given by the Ministry of agriculture and Areas within 45 days from the date of the application.


Chapter 5 preemtiunii Financing article 20 in order to ensure the funding necessary for the effective exercise of the right of pre-emption of a State, with all operations related to the exercise of this right, the Ministry of agriculture and Areas is authorized to modify the convenţiunea with the National Agricultural Credit, published in Official Gazette No. 299/939 and to conclude with other convenţiuni and financial instituţiuni.
Convenţiunile concerned shall be concluded from not more than 30 years and will enter into force after their approval by the Decree published in the Official Gazette.
If on expiry, convenţiunile is not extended, the relevant financial institutiunile retains all rights from convenţiunile expired, for all nelichidate operations until that time and they will continue until their final liquidation.
Operations provided for by the law of the face on buying, selling agricultural properties parceling obtained through the exercise of the right of pre-emption shall perform financial institutiunile, through an agricultural section, these instituţiuni are obliged to set up and to keep it under organizaţiunii.


Article 21 farm Buildings have been acquired through the exercise of the right of pre-emption, it buys on behalf of and at the expense of the State.
Purchasing laws, ending State funding institution, and it will subroga the privilege of the seller in the rigid conditions of art. 1,738 c. c.


Article 22 agricultural Buildings acquired by the exercise of the right of pre-emption will be affected for the following purposes: 1. For works of general interest, and for the establishment and endowment of the various instituţiuni of public benefit meant to help the advancement of agriculture and agricultural education, the spread of agricultural knowledge; State farms, resorts of experimentation and selected seed multiplication and reproducatorilor of race, schools of all levels of agriculture.
2. For sale, either directly or through financing the institutiunile authorized to buy property in accordance with law.


Article 23 the sale price of property acquired on the basis of this Act shall be established by the Ministry of agriculture and the fields, taking the base purchase price and adding the expenses incurred with the acquisition of the property and interest from invested capital.


Article 24 buyers of agricultural real estate acquired through funding institutiunilor funding, based on the law front, will pay the price in accordance with convenţiunile that will conclude with institutiunile funding.


Chapter 6 legal regime of agricultural buildings agricultural buildings comply with Article 25 of the State cannot be mortgage than institutiunilor authorized by the financial Ministry of agriculture and the fields, through managerial decision published in the Official Gazette Ministerial.
Any mortgages made without the authorization of the Ministry of agriculture and Areas shall be declared null and void, the nullity of the public order being.


Article 26 the owner will furnish proof of such real estate property with the title of improprietarire and with the perception that the certificate has been paid the full value of the lot, otherwise the State retains the privilege over the lot price, watching the value of the first rank and in anyone's hand would be the lot.


Article 27 agricultural Buildings purchased from the State, through institutiunile funding, under the law, cannot be mortgaged or disposed of only after they have been fully paid up and in compliance with the present law dispoziţiunilor.


Article 28 shall be derived from agricultural real estate property plafoneaza by purchasing up to 15 ha and cannot possess anyone, under any circumstances, a property cultivabila by purchasing more than a maximum of 15 ha, înţelegandu-is the husband with wife and minor children.
Application of the dispoziţiunilor above will be made regarding purchases made after May 1, 1947.


Article 29 if the purchase increases agricultural property above the limit provided for in art. 28, the holder or holders of proprietary rights, are forced to liquidate the gap through sale in the very top of this law within 90 days.


Article 30 Over that period the difference will be purchased by the State at the price offered, according to the dispoziţiunilor of the present law.
If you do not declare themselves regular surfaces exceeding 15 ha, after expiry of the period provided for in paragraph 1. 1, these are passed on to the State, from this point on, paying us as price 1/2 of the amount fixed by the fisc, in connection with the levying of registration fee, towards this end, aiming to dispoziţiunile art. 15, para. 2-4. In article 31 of the particular model Farms and orezariile recognized as such by managerial decision declaring the Central Commission, indivisible, they cannot be shared in any way, nor even by out of joint possession, and alienation can't do than total restrictiunile provided for in this law.


Article 32


In regions where the land is fragmented through the purchase, it will be at least five batches familiar ha to 3 ha in lowland and Hill and mountain, which thereby become indivisible.


Article 33 agricultural Buildings, with the exception of those referred to in article 1. 8 you cannot divide by estrangement and no way of succession than before the laying of 2 ha at 1 ha in lowlands and hills and mountains. Stretching under 2 ha at 1 ha in lowlands and Hill and mountain shall be declared indivisible.


Article 34 agricultural Buildings purchased agricultural production cooperatives, by purchase from the State in areas above the ceiling laid down by the law and which are sandwiched, cannot be divided under any circumstances, thus indivisible. Indivize rights are transmissible via disposal by those who fulfil the rigid conditions of art. 6, while respecting the right of pre-emption autorizaţiune times.


Chapter 7 of the agricultural real estate for inheritance Regime Article 35 Transmissions about the succession of agricultural buildings, between relatives in direct line and catch up to the third degree, including the surviving spouse shall be made without any restricţiune, and not be in the very top of this law, in compliance with its obligation for authorization and of the right of pre-emption of the State.


Chapter 8 Dispoziţiuni final and transitory Article 36 Transmittal of ownership of agricultural land cannot be done only by authentic instruments and transcribed.


Article 37 Are null and void acts of disposal made otherwise or without autorizaţiune and dispoziţiunilor with violations of art. 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 areas.


Article 38 Agriculture and Areas may be asked if the finding of invalidity of the Act, the State should be substituted in the alienated agricultural building.
In such circumstances the Ministry of agriculture and the fields will refund to the purchaser, either directly or through the institution financing the price stipulated in the contract of sale, or the value of the property if the disposal was made with another title. The value of the property that the purchaser will receive a refund may not exceed the actual value of the property at the time of purchase, in accordance with dispoziţiunilor of this law.
Compensation for investitiunile made from at least 20,000 and placing the action in nullity of the Act, the finding will be established at the request of the party concerned judicial process.
The State will be obligated to pay the amounts due pursuant to paragraph 1. 2 and 3 above, within one year, reckoned from the date when the claim in restitution and reparation became foul, liquid and payable. If the resale of real estate will be made within this period, the State shall not be obliged to pay the restitution and compensation than a maximum resale price obtained.
Resale will be made by public auction.


Article 39 all acts whereby the State, either directly or through institutiunea funding, acquires or disposes of agricultural real estate by virtue of which rights are given by this law, are exempt from income tax in proportion and any other fees or taxes to the State, County, township or special funds, when they fall to be borne by the State.


Article 40 the courts will be able to give thanks to dobanditorilor deadlines forced by law to make certain interventiuni in dispoziţiunilor civil code ready.


Article 41 the liquidation operations of pre-emption for all retail Areas notified to the Ministry of agriculture and, until the publication of this law, shall continue in accordance with the rules in force before the date of application of this law, with restrictiunile regarding the plan up to 15 ha.


Article 42 Disposal of agricultural land by laws in return for payment or free of title made by farmers with less than 5 ha property from persons other than descendants up to the third degree, after 1 August 1946 and until the publication of this law in regions that have suffered from drought, are alleged to have been made under coercion and Empire as such shall be declared null and void.
If it finds that the seller, selling Act posterior bought another agricultural land, House or home in the city or the country, selling is not declared null and void.
Regions that have suffered from drought will be determined by the Ministry of agriculture and the managerial decision areas.


Article 43 EC agricultural Properties have become greater than 15 hectares, after 1 May 1947, otherwise than by succession shall liaise with the present law within 90 days.


Article 44 instruments of sale and purchase up to 5 ha, are exempt from the assistance of lawyers and judicial stamp, identification of parties with the Court.


Article 45 Dispoziţiunile land reform laws under article. 32 of the Act, to southern Moldavia and Dobrogea; by art. the same Law 81 of the implementing regulation; by art. 25 of the agrarian law for Bukovina; by art. 47 of law agricultural Transylvania; dispoziţiunile art. 1-11 of the law on the Organization and encouraging agriculture, published in Official Gazette No. 67 of 22 March 1937; preemtiunii real estate finance law; Decree-Law No. 641 for validation of agricultural property sales made with the breaking of the law dispoziţiunilor title I for the encouragement of agriculture since 1937, published in Monitorul Oficial No. 185 0oficial of 12 August 1946, and any other law to the contrary, dispoziţiuni is repealed.
Agricultural goods originating in the land reform law No. 187 of 1945, remain subject to the dispoziţiunilor of that law.


Article 46 shall be considered as small rural officials in the spirit of art. 6, para. (b), of this law: religious singers, cantonierii, aldermen Secretaries, medical agencies, p, veterinary agencies, guards, postal, agricultural communes and telefonistii agents.


Article 47 of the implementing regulation will develop dispoziţiunile referred to in this law, as well as the Organization and competence of the works for the property and Assets of the State in which atributiunea is given by the present law.
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