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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LAW No. 242 of 12 July 1947 for the transformation of the provisional land cards advertising cards ISSUING NATIONAL ASSEMBLY land published in CIVIL LAW the USUAL vol II Excerpt Chapter 1 General provisions Article 1 upon successful completion of the work provided for in articles 148-171 including law provisions regarding unification land cards from April 27, 1938, at the initiative of the Ministry of Justice, Directorate of land registry Books and land cadastre , will give a ministerial decision * 1), show-it shared that developed land books, will declare them provisional law books advertising land.
* 1) in the decision will be made known, since articles 2-5 of the law of the face.
Ministerial decision * 1) will be published in the Official Gazette, in one of the most popular newspapers in the capital, village or County, and through the usual means in that Township.
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1. The Gazette has ceased in accordance with Presidential Decree No. 66.22, 1949 establishing the official Bulletin R.P.R. According to Decree No. 350 of 27 IX 1952 relating to the publication of laws, decrees, decisions and the provisions of the Council of Ministers, in the Official Gazette and in the collection of rulings of the Council of Ministers shall publish only the laws, decrees, decisions and the provisions of the Council of Ministers.
2. By decision No. 7.80,393 LIVE 1947 and no. 94,764 17 X 1947 the Ministry of Justice have been entered under the following common land cards from the nearby village of East Godavari districts, and Otter of the Bucharest-District New Delhi: Caldera, Fundeni, Pirlita, Pitarului River Bridge, Used, gzhatsk Sohatu Vasilati Bird, from the nearby village of Hythe village from Galbinasi;
-East Godavari district: Ushers, Stony Plain, Gruiu, Heresti, bounds, Springs, Nana, Coventry, Soldanu;
-Otter district: Berceni, Colibati, Copaceni, Cretesti, Prumusani, Mironeşti, Prundu Gostinari, Naim-Orasti, Valea Dragului, otter, December 30, Mogosesti village from Quezon City;
San Francisco-com. in N Balcescu R.P.R. capital is pending, in terms of land, the land register of the District Court of the popular Otter.
With regard to sections competinţa land book of popular tribunals referred to above, see also:-art. XXII of the Decree nr. 132 of 19. VI. 1952 for changing codes of civil procedure, criminal procedure and the procedure for tax purposes, in connection with the restructuring of the judicial organisation;
-Decree No. 12 out of 10 i. 1956 on amendments to law No. 5 of 8. IX. 1950 for administrative and economic macrozoning of R.P.R.


Article 2 from the date set out in the ministerial decision * 1), registers of transcriptions and inscriptions, as well as registers of chases, will replace, as regards the municipalities for which has been laid down in the preceding article publications, advertising cards, in which the land will pass the rights and legal facts reports that may be subject to registration.


Article 3 in the books of the land will be advertising intabula constituirile, stingerile, transmissions and modifications of rights in rem in immovable property, rezultind for any act between live, judgement, or even declaratory of rights, as well as mutations through death and inheritance rights transfers.
It will be noted in books advertising personal rights, land relations and legal deeds provided for in articles 81 and 82 of the law concerning provisions to unify the land books.


Article 4 Rights subject to the public only through tabulation or scoring-including those resulting from command or sechestrele provided for in art. 481 and 496 of the code of civil procedure * 2)-become opposable to third parties of good faith who collected and preserved the right to any property.
— — — — — — — — — — — — — — — — — — — — — — — * 1) order, under art. 49 of the Constitution.
* 2) Current art. 477 and 492 C. civ. proc., reprinted at 24.1948 Article 5 Rights in immovable property acquired prior to the date referred to in article 2 of the law of the face remain governed both with respect to conservation and extinction, the provisions of the civil code and the civil proceedings, concerning registers of transcriptions and inscriptions.


Article 6 the inclusion of a right in land book advertising can be savirsi only against one who is shown, or who register at the same time, as the holder of the right is to make signing up.


Article 7 If more people have a right in rem passed successively, without having done the proper entries following the dobînditor will be able to ask for the inclusion of the right or proving the whole string from occurring.


Article 8 Entry, under which it is required preparation of real estate in the land of books, advertising must comply with the requirements of article 5. 43 and 44 of the Act concerning provisions to unify the land books.
Provisional enrollment shall be allowed a right in rem pursuant to a final judgement.
Provisional enrollment turns in tabulation pursuant to an irrevocable judgement * 1), with the rank of provisional enrollment got through.
— — — — — — — — — — — — — — — — — — — — — — — —-According to settlement on the date of publication of the front, through the notion of final resolution, used by art. 8, para. 2, it is understood the decision which could be attacked on the way in opposition to the appeal decision irrevocable, which equate to what is currently the final decision for the purposes of art. 377 C. civ. proc. As such, and the provision in art. 50 of the law of 27 IV. unification of 1938 for the provisions concerning provisional enrollment cards, land can be done at present by virtue of a judgement handed down by the first instance court, and its inclusion in the provisional tabulation transformation can be made only pursuant to a final judgment within the meaning of art. 377 C. civ. proc.


Article 9 In the event of the extinction of a right in real estate, the termination will be done with the consent of the holder, except only when it has lapsed through expiry is made in entry or through the death of the holder.
If the holder refuses to consent to cancellation, it will be made pursuant to an irrevocable judgement * 1).


Article 10 in addition to the actions referred to in article 81, item 18, 21, 23 and 24 of the law on the uniting of the provisions relating to land books, will be noted in the land book advertising: 1. the action through which the legal abolition of the Act under which it was made real estate a tabulation of the law;
2. the action in claim;
3. the action in petitiune of heredity;
4. applications and actions by which the succession report or advertisement reducţiunea liberties, if these requests or actions involve restitution in the nature of the property;
5. an appeal for finding article uzucapiunii completed 130 of the Act concerning provisions to unify the land books.
— — — — — — — — — — — — — — — — — — — — — — — — — — * 1) final Decision under art. 377 C. civ. proc.


Article 11 Rights of real estate advertising book Strater land are rank the posting date of the request for entry; the order of their registration they will fully establish rank.
If multiple requests have arrived at once at Court, the land register will proceed according to those laid down in articles 81 and 82. 31 of the law on the uniting of the provisions relating to land books.


Article 12 in all cases when Romanian legislation granting a privilege, be general on all movable and immovable property, real estate, or be specifically a legal mortgage to guarantee any right times claims, will be able to ask for that privilege, or tabulation of the mortgage law, land in the book advertising.
— — — — — — — — — — — — — — — — — — — — — — — — — — concerning the privileges, see art. 1727 and 1737 c. Civ. regarding legal mortgage, see art. 902. 2, art. 1753, point 3 and article. 1768 C. civ.


Article 13 the inclusion of legal privilege or mortgage is made on the basis of official debt resulting from privileged or conferring the right to make an inscription mortgage.
In the cases provided for in articles 67 to 71, including the law on unification of provisions relating to land books, will proceed according to the rules set out there.
— — — — — — — — — — — — — — — — — — — — — — — — — see note from art. 12. Article 14 legal Privileges or mortgages will write for the amount provided in writing if the debt is not fixed, the maximum amount indicated in the application.


Article 15 privileges and legal mortgages gain rank through their inclusion in the book of land under advertising article 11 of law on the face.
Shall be exempt from the rule above the privilege costs and State privileges remain governed by the laws that regulate them.


The inclusion of article 16, the rights of heirs and legatees in advertising land will be made on the basis of a certificate of inheritance or legatar, which will be issued according to the provisions of law No. 543 of 11 July 1946.
— — — — — — — — — — — — — — — — — — — — — — — — — — — — According to art. 17 and following. of Decree No. 40 22 i., 1953 on the succession procedure, the authentication certificate of inheritance or legatar shall be issued by the State notary system.


Article 18 shall be able to recover land in the advertising, in addition to those provided for in article 81 of the law relating to the provisions for the unification of the land, and the following books: 1. the verdict of the moratorium;
2. the attachment of a debt guaranteed by mortgages;

3. acts of stalking, which, according to the laws, are subject to transcription in the registers of advertising, where the building or its revenues, and the order provided for in article 558 of the code of civil procedure * 1).
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1. With regard to the moratorium to see art. 834 and seq. of the commercial code.
2. With respect to garnishment see art. 452 and following. C. Civ. proc.


Article 19 Ordinance ordering the creation of a wage garnishment mortgage receivables will be communicated to the Office section of the land register, which, after scoring, it will communicate to the third poprit.
If after wage garnishment, the transferee of the claim notation mortgage requires the inclusion of the assignment in his favour, the Court shall, subject to the incuviinta of the creditor's popritor, to him according to the rules of the common law.


Article 20 Lenders will ask for tabulation of the chasers resettlement poprite, mortgage debt pursuant to decision irrevocable * 2) validation.
— — — — — — — — — — — — — — — — — — — — — — — — — — * 1) the present art. 551, c. Civ. proc., reprinted at 24. II., 1948.
* 2) final Decision under art. 377 C. civ. proc. But if you have done more on the same mortgage receivables garnishment, for which the validation procedure is pending in front of several instances, tabulation of the resettlement of the right of mortgage in favour of the creditor who has obtained a final decision * 1) validation will be made subject to the right of the other creditors have been popritori.


Article 21 contracts concluded for a location term exceeding three years, as well as disposals of earnings at more than 2 years, become opposable to third parties only by their notation in the land register advertisement.


Article 22 in the case of separation of patrimonies, the rights of creditors and legatees shall preserve only by scoring.
Through the separation of patrimonies, scoring will produce the effects brought about by the civil code.
Notation may be required as long as the heir is entered as the owner in the land book advertising.
— — — — — — — — — — — — — — — — — — — — — — — — — — — concerning the separation of patrimonies, see art 781 and seq. and art. 1743 and 1745 C. civ.


Article 23 if it gave up the separation of patrimonies, deletion may be required in pursuance of official cessation this benefit.
When deletion is required for novatiunea claim by agreeing to the heir as borrower, the land register will rule on the request after hearing the parties concerned.
If the parties do not understand, the land register will help guide the process, and the separation of patrimonies termination of Notaries will be made under irrevocable judgement * 1).


Article 25 Reducţiunea excessive liberties real estate and real estate did not report gifts upon disposal, and abolish mortgages real tasks undertaken by dobinditorul liberalitatii, if they have been entered before the entry of the application or the action of reduction of the times report.


Article 26 if the liberalitatea was done with or under a condition in the text intabulării is going to make mention of this. An application for revocation of the liberalitatii will be able to make up for the note in the book land of advertising.
— — — — — — — — — — — — — — — — — — — — — — — — — — See also art. 829 and seq. and art. 930 and seq. C. Civ. — — — — — — — — — — — — — — — — — — — — — — — — — — * 1) final Decision under art. 377 C. civ. proc.


Article 27 If the donation contract was stipulated the return of the goods given to the donor for case when donatarul died before him, and when his descendants and donatarul and would die before him, right on his return will be noted in the land book advertising, according to article 79, paragraph 2 and article 81, paragraph 5 of the law on the uniting of the provisions relating to land books.
If you are returning goods offered to the donor, with the inclusion of the right in favour of the latter, it will radiate from the Office disposal and grevarile made after scoring.
They maintain the locations made for a term of not more than five years, income transfers with a term not exceeding 2 years and weighs about what actions have been introduced and the donor.
— — — — — — — — — — — — — — — — — — — — — — — — — — With regard to stipulating the return of goods offered, see art. 825 C. civ.


Article 28 para. 1 and 2.
If the donation has been made in concluding a marriage, at the request of tabulation will join and extract from the register of marriages * 1).
But while the marriage is not celebrated, will be able to ask the notation donation made for the conclusion of marriage.


Article 32 if the contract includes a donation of goods present made between the spouses during the marriage, the inclusion of text will show both the status of husband and that such a donation is always revocabila, according to the civil Code article 937.
If you cancel the donation, donor husband shall proceed as provided for in article 27, paragraphs 2 and 3.


Procedural Provisions, Chapter 2, Article 33 if the registration of a right is required against a person who is not registered as the owner of the right in the land register advertising, the petitioner will have to provide evidence of suitable mutations rules in force at those dates.


Article 34 If the building in which it is requested the inclusion of the right was not passed in the land court publicity land book, after what will be done in the identification of that building and it will be found the circumstances that gave rise to that omission, shall rule on the application for registration.
The judge's findings will be entered in a report drawn up.
— — — — — — — — — — — — — — — — — — — — — — — — — — * 1) marriage certificate, under art. 18 of the family code.


Article 35 of the land book Judge will be able to cite the stakeholders, whenever it would invedera the need for such measures, before they rule on the application for registration.
If records accompanying the application do not meet the requirements of the law, the judge will grant an appropriate period for their completion at the same time, disposing of an application for registration in writing the book land of advertising.


Chapter 3 transitional and final provisions Article 37 the disposal referred to in article 41 of the law for putting into effect the provisions of the law on the uniting regarding land cards * 1) will also apply to the properties listed in the land register advertising books.


Article 38 the provisions of law on the uniting of the provisions relating to land books except articles: 17, 18, 19, 20. 22-30 inclusive; 32-39 inclusive; paragraph 2 of article 40; art. 41, 42, 45, 49, paragraph 2 of article 50; art. 51, paragraphs 1 and 3 of article 52; art. 53-55, including art. 84, 88-94, art. 104, 115, final paragraph of article 130 and art. 172-174, shall apply accordingly, whenever the law of no face otherwise.
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*1) Legea nr. 241. VII. 12, 1947.
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