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Law No. 242 Of 12 July 1947 For Conversion Of Land Cards Advertisement Provisional Land Books

Original Language Title:  LEGE nr. 242 din 12 iulie 1947 pentru transformarea cărţilor funciare provizorii în cărţi de publicitate funciară

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LEGE No. 242 of July 12, 1947 for the conversion of provisional land books into land advertising books
ISSUER GREAT NATIONAL ASSEMBLY
Published in COMMON CIVIL LAW vol. II



Extract + Chapter 1 General provisions + Article 1 After the completion of the works provided for by Articles 148 to 171 including the Law on the unification of the provisions on land books of 27 April 1938, the Ministry of Justice, on the proposal of the Land and Land Cadastre Directorate, will give a ministerial decision * 1), in which, showing the commune for which the provisional land books were drawn up, they will declare them as land advertising books. In decision * 1) the contents of Articles 2 to 5 inclusive of the present law will be made known. The ministerial decision * 1) will be published in the Official Gazette, in one of the more spread newspapers in the capital, commune or county, and by the usual means in that commune. ------------------------ 1. The Official Gazette has ceased its appearance under Decree no. 66 of 22.II.1949 for the establishment of the Official Bulletin of R.P.R. According to Decree no. 350 of 27.IX.1952 on the publication of the laws, decrees, decisions and provisions of the Council of Ministers, in the Official Bulletin and in the Collection of decisions of the Council of Ministers shall be published only the laws, decrees, decisions and provisions Council of Ministers. 2. By decisions no. 80.393 80.393 of 7.VII.1947 and No. 94.764 of 17.X.1947 of the Ministry of Justice were introduced land books in the following communes from the districts of Branesti, Oltenita and Vidra of the Bucharest region: -Branesti district: com. Cernica, Fundeni, Bridge of Pitar, Pirlita, Progresu, Sohatu, Vasilati, village of Pasarea in com. Branesti, Popesti village in com. Galbinasi; -Oltenita district: com. Aprozi, Budesti, Gruiu, Heresti, Hotaries, Izvoarele, Nana, Radovanu, Soldanu; -Vidra district: com. Berceni, Colibati, Copaceni, Cretesti, Prumusani, Gostinari, Mironesti, Prundu, Stiubei-Orasti, Valea Dragului, Vidra, 30 Decembrie, village Mogosesti from com. Gradistea; -com. Jilava from N. Balcescu district of the Capital R.P.R. is pending, from the point of view of the land book, by the land book section of the Popular Tribunal of the Vidra district. On the jurisdiction of the land-book sections of the above-mentioned popular tribunals, see also: --art. XXII of Decree no. 132 of 19.VI.1952 for the modification of codes of civil procedure, criminal procedure and tax procedure, in connection with the restructuring of the judicial organization; -Decree no. 12 of 10.I. 1956 on the amendment of Law no. 5 of 8.IX.1950 for the administrative-economic district of R.P.R. + Article 2 From the date shown in the Ministerial Decision * 1), the transcripts and inscriptions registers, as well as the following registers, shall be replaced, as regards the communes for which the publications provided for in the previous article were made, with the books of land advertising, in which the rights, relations and legal acts that may be subject to registration will be passed. + Article 3 In the land advertising books, the constitutions, amendments, broadcasts and extinguishings of real estate rights will be filled, resulting from any act between vineyards, judicial decision, or even declarative of rights, as well as mutations by death and the disposals of inheritance rights. The personal rights, relations and legal acts provided by Articles 81 and 82 of the Law for the unification of the provisions on land books will be noted in the land advertising books. + Article 4 Rights subject to advertising, only by intabulation or scoring-including those resulting from the command or seizure provided by art. 481 and 496 of the Code of Civil Procedure * 2)-become opposable to third-party bona fides who have acquired and preserved their right to any immovable property. ----------------------- * 1) Order, according to art. 49 of the Constitution. * 2) The current art. 477 and 492 of C. proc. civ., republished on 24.II.1948 + Article 5 The real estate rights granted before the date stipulated by Article 2 of the present law remain governed, both in terms of conservation and their extinction, by the provisions of the Civil Code and of the civil procedure, regarding the registers of transcripts and inscriptions. + Article 6 The registration of a right in the land advertising book can be enjoyed only against the one who is shown, or who enrolls concurrently, as the holder of the right to whom the registration is to be made. + Article 7 If several persons have successively transmitted a real estate right, without having made the appropriate enrolments, the latter will be able to ask for the registration of the right or proving the entire string of the intervening broadcasts. + Article 8 The inscription, under which the intabulation of a real estate right in the land advertising books is required, must meet the requirements of art. 43 43 and 44 of the Law for the unification of the provisions on land books. The provisional entry of a real right shall be permitted under a final court decision. Provisional registration shall be transformed into intabulation under an irrevocable court decision * 1), with the rank of interest by provisional registration. ------------------------- According to the regulation-in force on the date of publication of the present law, by the notion of final decision, used by art. 8, para. 2, it was understood the decision that could be appealed against the appeal, in opposition to the irrevocable decision, which amounted to what is currently the final decision in the sense of art. 377 377 C. proc. civ. As such, according to the provision in art. 50 of the Law of 27.IV.1938 for the unification of the provisions on land books, provisional registration can be made at present under a decision rendered in the first instance, and the transformation of provisional entry into intabulation se may only be made pursuant to a final decision within the meaning of art. 377 377 C. proc. civ. + Article 9 In case of extinguishing a real estate right, the deletion will be made with the consent of the holder, except only when the extinguishment of the right is made by the fulfillment of the term shown in the registration or by the death of the holder. If the holder refuses to consent to the deregistration, it will be done under an irrevocable court decision * 1). + Article 10 In addition to the actions provided for in Article 81, paragraphs 18, 21, 23 and 24 of the Law on the unification of the provisions on land books, will be noted in the land advertising book and the following: 1. the action aimed at the abolition of the legal act under which the intabulation of a real estate right was made; 2. the action in the claim; 3. the action in the petition of heredity; 4. the applications and actions for which the succession report or the reduction of the liberalities are advertised, if these requests or actions involve the restitution in kind of the property; 5. the action for the finding of the fulfilled use provided for by Article 130 of the Law for the unification of the provisions on land books. -------------------------- * 1) Final decision, according to art. 377 377 C. proc. civ. + Article 11 Real estate rights intabulate in the land advertising book dobindesc rank from the date of registration of the application for registration; the order of their registration will extinguish their rank. If several requests have suddenly arrived at the land registry court, it will be done according to those provided by art. 31 of the Law for the unification of the provisions on land books. + Article 12 In all cases when Romanian law grants a privilege, either generally on all movable and immovable property, or real estate, or a legal mortgage to guarantee any right or claim, it will be possible to ask for the intabulation of that privilege, or the legal mortgage, in the land advertising book. -------------------------- With regard to privileges, see art. 1727 and 1737 C. civ. On the legal mortgage, see art. 902, para. 2 2, art. 1753 1753 section 3 3 and art. 1768 C. civ. + Article 13 The registration of the privilege or the legal mortgage is made on the basis of the inscription from which the privileged claim results or which confers the right to take a mortgage inscription. In the cases provided for in Articles 67 to 71 including the Law on the unification of the provisions on land books, the rules will be made according to the provisions. ------------------------- See the note from art. 12. + Article 14 Legal privileges or mortgages will be written for the amount provided in the document, if the claim is not determined, for the maximum amount shown in the application. + Article 15 Legal privileges and mortgages gain rank by enrolling them in the land advertising book, according to the provisions of Article 11 of the present law. It is exempted from the above rule the privilege of the costs and privileges of the state, which remain governed by the laws governing them. + Article 16 The registration of the rights of heirs and legatars in the land advertising book will be made on the basis of the certificate of heir or legatee, which will be issued according to the provisions of 543 of July 11, 1946. ---------------------------- Suitable art. 17 and urm. of Decree no. 40 of 22.I. 1953 regarding the notary succession procedure, the certificate of heir or legatee shall be issued by the Notary of State. + Article 18 It will be possible to note in the land advertising book, apart from those provided for in Article 81 of the Law for the unification of the provisions on land books, and the following: 1. the sentence of admission of the moratorium; 2. the attachment of a mortgage claim; 3. the tracking documents, which, according to the tracking laws, are subject to the transcript in the advertising registers, if the property or its income is followed, as well as the ordinance provided for by Article 558 of the Civil Procedure Code * 1). --------------------------- 1. On the moratorium see art. 834 and urm. of Commercial Code. 2. On the attachment of the see art. 452 and urm. C. proc. civ. + Article 19 The ordinance ordering the making of the attachment on a mortgage claim will be communicated ex officio to the land book section, which, after scoring, will communicate it to the third party. If after noting the attachment, the transferee of the mortgage claim requires the registration of the assignment in his favor, the court will approve it, subject to the right of the popritor creditor, which is due according to the norms of common law. + Article 20 The following creditors will be able to ask for the relocation of the poprite mortgage claim, under the irrevocable decision * 2) of validation. -------------------------- * 1) 551, from C. proc. civ., republished on 24.II.1948. * 2) Final decision, according to art. 377 377 C. proc. civ. If, however, more stops were made on the same mortgage claim, for which however the validation procedure is pending before several courts, the intabulation of the displacement of the mortgage right in favour of the creditor who obtained the decision irrevocable * 1) of validation will be made subject to the right of the other popritori creditors. + Article 21 The location contracts concluded for a term exceeding three years, as well as the revenue disposals over 2 years, become opposable to third parties only by noting them in the land advertising book. + Article 22 In case of separation of property, the rights of creditors and legatars are preserved only by scoring. By scoring, the property separation will produce the effects determined by the Civil Code. The notation can be requested as long as the heir is registered as owner in the land advertising book. --------------------------- With regard to the separation of property, see art 781 and urm. and art. 1743 and 1745 C. civ. + Article 23 If the separation of property has been waived, deregistration will be required under the waiver of this benefit. If the deletion is required for the novation of the claim by accepting the heir as debtor, the land registry court will rule on the application after hearing the interested parties. If the parties do not get along, the land registry court will refer them to the trial, and the deletion of the notation of the property separation will be made under the irrevocable court decision * 1). + Article 25 The reduction of excessive real estate liberalities and the report of donations on buildings does not abolish estrangements, mortgages and real tasks, consented by the dobinder of liberality, if they were entered before the application or action was noted. Reduction or report. + Article 26 If the liberality was done with tasks or under condition, mention will be made in the text of the intabulation. The request for revocation of the liberality for ingratitude will be able to be noted in the land advertising book. -------------------------- See also art. 829 and urm. and art. 930 and urm. C. civ. -------------------------- * 1) Final decision, according to art. 377 377 C. proc. civ. + Article 27 If the donation contract stipulated the return of the donated goods to the donor, both for the case when the donor would die before him, and for the case when the donor and his descendants would die before him, the right to return will be noted in the the land advertising book, in accordance with Article 79, paragraph 2 and Article 81, paragraph 5 of the Law on the unification of the provisions on land books. If the given goods return to the donor, with the registration of the right in favour of it, the estrangements and the mistakes made after the scoring will be removed ex officio. The locations made for a period of no more than five years shall be maintained, the revenue disposals with a term of no more than 2 years, as well as the notaries regarding the actions that were introduced and against the donor. -------------------------- On the stipulation of the return of the given goods, see art. 825 C. civ. + Article 28 Paragraphs 1 and 2. If the donation was made in order to conclude a marriage, the extract from the marriage register will also be joined at the request for intabulation * 1). As long as the marriage is not celebrated, it will be possible to note the donation made in order to end the marriage. + Article 32 If the contract includes a donation of present goods made between spouses during the marriage, in the text of the registration it will be shown both the quality of husband and that such a donation is always revocable, according to the article 937 Civil Code. If the donor spouse revokes the donation, it will be carried out as provided for in Article 27, paragraphs 2 and 3. + Chapter 2 Procedural provisions + Article 33 If the registration of a right is required against a person who is not registered as a holder of the right in the land advertising book, the petitioner will have to prove the mutations according to the rules in force on those dates. + Article 34 If the building on which the registration of the right is required was not passed in the land advertising book, the land book court, after having proceeded to identify that building and will have found the circumstances that determined that omission, will rule on the application for registration. The judge's findings will be recorded in a minutes. -------------------------- * 1) Marriage certificate, according to art. 18 of the Family Code. + Article 35 The land registry judge will be able to subpoena the interested parties, whenever the need for such a measure was raised, before ruling on the application for registration. If the documents accompanying the application do not meet the requirements of the law, the judge will be able to give a corresponding deadline for their completion, while ordering the registration of the application for registration in the land advertising book. + Chapter 3 Transitional and final provisions + Article 37 The provision provided for by Article 41 of the Law for the implementation in Transylvania of the Law on the unification of the provisions on land books * 1) will also apply to the buildings registered in the land advertising books. + Article 38 Provisions of the law for the unification of provisions regarding land books except articles: 17, 18, 19, 20. 22 22-30 inclusive; 32-39 inclusive; paragraph 2 of Article 40; art. 41 41, 42, 45, 49, paragraph 2 of Article 50; art. 51 51, paragraphs 1 and 3 of Article 52; 53-55 inclusive, art. 84, 88-94 inclusive, art. 104 104, 115, the final paragraph of Article 130 and art. 172-181 inclusive, will apply accordingly, as many times as the present law is not ordered otherwise. -------------------------- * 1) Law no. 241 241 of 12.VII.1947. ------------------------