Law No. 241 Of 12 July 1947 For The Implementation Of The Law On The Uniting Dispoziţiunilor Regarding The Land Books Of 27 April 1938

Original Language Title:  LEGE nr. 241 din 12 iulie 1947 pentru punerea în aplicare în Transilvania a legii pentru unificarea dispoziţiunilor privitoare la cărţile funciare din 27 aprilie 1938

Read the untranslated law here: https://www.global-regulation.com/law/romania/3071978/-lege-nr.-241-din-12-iulie-1947-pentru-punerea-n-aplicare-n-transilvania-a-legii-pentru-unificarea-dispoziiunilor-privitoare-la-crile-funciare-din-27-.html

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Law No. 241 of 12 July 1947 for the implementation of the law on the uniting dispoziţiunilor regarding land cards from April 27, 1938, published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 157 of 12 July 1947 Michael I, by the grace of God and the will of the King of Romania's national team, all of the face and future health;
Assembly of Deputies voted and adopted, and we sanctionam what follows: chapter I General article 1 Dispoziţiuni will be implemented throughout Transylvania, the law on the uniting dispoziţiunilor regarding land cards from April 27, 1938, in accordance with the provisions of articles: Article 2 in all cases when a Romanian legislatiunea grant privilege, either general on all movable and immovable property either particular property, or a legal mortgage, to guarantee any right times claims, will be able to ask for the inclusion of that legal privilege or mortgage in the land register.


Article 3 the inclusion of legal privilege or mortgage is made under official from resulting claims of privilege or conferring the right to make an imprint on mortgage.
In the cases provided for in article 67-71, including, in the law on the uniting dispoziţiunilor regarding the land books will proceed according to the rules set out there.


Article 4 legal Privileges or mortgages they will sign up to the amount specified in the signed up; If the debt is not determined for the maximum amount indicated in the application.


Article 5 legal privileges and mortgages gain rank through their inclusion in the land registry under the provisions of the law on the uniting dispoziţiunilor regarding the land books.
Shall be exempt from the rock above, rule the privilege costs and State privileges remain governed by the laws that regulate them.


Article 6 with a view to uzucapiunei Its required, in the cases referred to in article 27 and 28 of the law on the uniting dispoziţiunilor regarding the land books, must meet rigid conditions required by the civil code.
Prescripţiunile fulfilled, and those commenced before the implementation of the present law are carmuite in nature, duration and effects of the law, under which dispoziţiunile started.
In the case of the preceding paragraph, the holder will be able to require the jurisdiction of the Court, in which from the constituency to which the property is situated, uzucapiunii fulfilled. The action will be brought against both the holder entered in the land register and against third parties who have got rights through their inclusion in the land. There will not be one yet untouched the rights that third parties have collected them in good faith, by the legal act with consideration, increzandu title in the table of contents of the book land.


Article 7 Right of ownership about acceding collected will be entered in the land register pursuant to a judgment, the date after hearing the parties concerned and on the basis of surveys made by the cadastral technician authorized.


Article 8 in the event of divorce by mutual consent, the provisional inclusion of the property in favour of children, for the purposes of the provisions of article 285, paragraph 1, of the civil code, will be incuviinta under report completed by the Tribunal under article 263 of the civil code, which will look over the buildings and to be done signing up. To that end, the couple will be required to submit and submit to the Tribunal, in addition to the acts listed in article 262 of the civil code, and a declaraţiune consisting of data on buildings to be included in the children's names.
Justification inclusion of provisional will be made under the civil extract, in which he noted the decision of divorce.
If the divorce rule for specified causes tabulation of ownership in favor of children, it will do under the extract from the register of civil status, in that it was the decision of divorce.


Article 9 In the case provided for by article 51 of the law for the unification of dispoziţiunilor concerning the land books, the Court shall incuviinta the provisional inclusion exclusion from the right of mortgage, if real offer and consemnatiunea being made according to legal provisions, joins the application for cancellation and a certificate issued by institutiunea where consemnatiunea has been carried out to certify that the debtor has waived the right to withdraw the amount recorded.


Article 10 will be able to note in the land, in addition to those provided for in article 51 of the law for the unification of dispoziţiunilor relating to the land, and the following books: 1. The verdict of the moratorium;
2. The attachment of a debt guaranteed by mortgages.


Article 11 Ordinance ordering the creation of a wage garnishment mortgage receivables, will be communicated to the Office section of the land register, which after scoring a poprit will tertiului communicate.
If after wage garnishment, the transferee of the claim notation mortgage requires the inclusion of the assignment in his favour, the Court shall incuviinta subject to the right of the creditor, popritor to him according to the rules of the common law.


Article 12 Lenders will ask for trackbacks tabulation of the mortgage claim in poprite resettlement decision irrevocable validation.
But if you have made several claims on the same garnishment mortgage 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, shall be made subject to the right of the other creditors have been popritori.


Article 13 Entry stop to alienate or encumber the right does not prevent enrollment if the rank was insured, according to article 88 of the law for the unification of dispoziţiunilor concerning the land books, before submitting the application for scoring. It does not prevent a justification for inclusion.


Article 14 tenancy agreements concluded for a period exceeding 3 years and disposals of earnings at more than 2 years, become opposable to third parties only by their notation in the land register.


Article 15 in the case of separatiune heritage, the rights of creditors and legatees shall preserve only by scoring.
By scoring, separatiunea of patrimonies will produce the effects of the civil code.
Notation may be required as long as the heir is entered in the land register as the owner.


Article 16 if it gave up the separatiunea of patrimonies deletion may require pursuant to 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 cancellation of the notaries of the separaţiunii heritage will be made under irrevocable judgement.


Article 17 After transcription conventiunii personals in the special register (1), the Court shall send a copy of this book, the court registry in order to notaries if goods subject to the matrimonial regime among them agreed by the parties to be found any real estate.
In respect of such an immovable only by scoring, convenţiunea and profiles of good becomes faith relied on as against third parties.


Article 18 the donor will be able to require notation in the land register of the application of revocation of liberalitatii in the cases provided for by art. 829 and 930 of the civil code.
Canceling liberalitatii for ingratitude and for survenire baby, won't bring any stirbire rights in rem acquired under the title for consideration, on an estate in donatiune by a third person of good faith, if these rights have been acquired prior to the entry of the application for revocation.
The above rule applies and revocation for failure to pregnancy or condiţiunii, out only if condiţiunea has been noted in the land.
The report in the nature of property forming part of the estate are without prejudice to the tasks undertaken by the instrainarilor and the owner of tabular.


Article 19 If in donatiune 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, according to art. 79, para. 2 and 81, paragraph 5; of the law for the unification of dispoziţiunilor concerning the land books.
Deletion will not have notaries, in the case provided for in article 4. 84, para. 2, of the law on the uniting dispoziţiunilor regarding the land books.
If you are returning goods offered to the donor, with the inclusion in its favor, it will radiate from the Office disposal and grevarile made after scoring.
Keep locatiunile made for a term not exceeding 5 years, disposals of a income of not more than 2 years old and weighs about what actions have been introduced and the donor.


Article 20 If donatiunea was made for the conclusion of a marriage, the application for enrolment will join and extract from the registry of marriages.
How long, however, marriage is not celebrated, will be able to ask the donatiunii notation made in concluding the marriage.
If such an donatiune is contained in convenţiunea and profiles, with the notation provided by article 81, paragraph 3, of the susmentionata law, will recover from the Office and donatiunile made for the conclusion of marriage.


Article 21


If convenţiunea contains a donatiune and profiles made between future spouses or to a third party in favour of the prospective spouses, or one of the future spouses, regarding which the donor has restricted to the Faculty of a reverse, with the inclusion of the right in favour of donatarului, it will recover and right of revocation.
If the donor revokes donatiunea, will proceed according to those laid down in article 19, paragraph 2. 3 and 4.


Article 22 If convenţiunea contains a donatiune and profiles of future goods, in accordance with article 933 of the civil code and in which the donor is not reserved to revoke in its entirety a spouse beneficiary will be able to ask this convenţiuni and an extract from the register of marriages, dispoziţiunii notation for the donatiunea future, property ownership, present and future , whenever donor acquires ownership or superficies upon an estate's inscribed in the land.
Effects of notaries are those laid down in articles 81 and 82. 933, para. 2 of the civil code.
Termination of Notaries will be required in the following cases: 1. If the donor dies prior to donatarul.
2. If you cancel or cancel donatiunea.
If the property is disposed of for a consideration, deletion will do notaries from Office with the tabulation of the right in favour of the purchaser.


Article 23 If convenţiunea contains a donatiune and profiles of present and future goods will be able to require both the notation on the goods upon the present and what it will achieve.
Marking on the goods, will be able to ask just before the celebration of marriage and even if the donor is reserved to revoke donatiunea entirely.
Notation produces the effects provided for in art. 933, para. 2, of the civil code.
It will be able to ask for deletion of future ownership, notaries in the cases provided for by art. 22, para. 3 and 4, and in respect of the goods present in the cases provided for in paragraph 1. 3, items 1 and 2 of the same article.
If your spouse donatar will choose to present goods, with the inclusion of the right or in the land, it will radiate from the Office entries made after scoring, according to those laid down in articles 81 and 82. 19, paragraph 2. 3 and 4.


Article 24 if the contract contains a donatiune of goods present between spouses during marriage, the inclusion of text will show both the status of spouse, as well as a donatiune is always revocabila, under art. 937 of the civil code.
If the donor revokes donatiunea husband, will proceed according to those laid down in articles 81 and 82. 19, paragraph 2. 3 and 4.


Chapter II Procedure transformation protocols in Dispoziţiuni land books section I General Article 25 Transformation protocols in land books, will depend on the availability of the Ministry of Justice on the proposal of the works for Land and Books the land cadastre, only in the communes where they executed works of metric-parcel/plot throughout the territory of the commune.
However, if the metric elaboration have leaked more than 3 years, the transformation of protocols in the land books will become available only after a prior reambulare and review of the plans.
In the case when a is composed of several villages, and the works of metric-parcel/plot were executed only on the territory of some of these villages, it will depend on the availability of land transformation protocols in books, but in limited Territories villages where they executed these works.
The Ministry of Justice, Directorate of land registry and Cadastre Books, shall submit the copy of the Court, the land register, which is found in the constituency, for which he ordered the initiation of transformation, plans, records and cadastral indexele.
The land register of the District Court will communicate with the work of the bodies responsible for processing, from the date of commencement of the proceedings before the transformation, all decisions by which it means that any entry in the protocols, to you.


Section II Article 26 preparatory Section of the land register of the District Court will appoint a manager of the land register, which will perform the following: 1. A special register (combinatoriu), in which it will indicate the number of each parcel on the maps secţiunei land book, the new number that was given to those plans plot measurement.
2. A picture about the protocols carried out in enrollments favor State, commune, district, or other public authority instituţiuni times to guarantee claims resulting from taxes, tax increases and other special contribuţiuni and fines.
3. A separate array on each credit institutiune about entries made in their favour, in order to guarantee their claims.
In these paintings will show the name and domicile of the owner against whose enrollment has been made, the name and domicile of the owner of the current protocol, the protocol number and number of the parcel on which it was made, the entry enrollment under which was nodded, enrollment closing date by which was nodded through and guaranteed debt eventually date exigibilitatii.
A copy of these paintings, the land register will be sent to their respective creditors, and a copy of the painting, regarding entries made in favour of the tax authorities, the relevant financial administration.
The image will accompany these paintings, lenders will be guided as within 30 days from the rock to rule communication, determination of claims entered in their favor, making them known as, in the case of neurmare, thereby guaranteeing their enrollments, claims will not be transcribed from the protocols in the draft land book, if they last 10 years old, from the time of registration or exigibilitatii claim When this arises from the content of the entry.


Article 27 After execution provided for in article 26, the driver of the land register as a delegate, will draw up proposals for the land register, in which shall pass only entries from neradiate protocols.
Land book project has three parts.
Part I of the project, besides ordinary boxes, still has the following items: the new number appearing on the plot plan and resulting from surface measurement.
In part II he will mention the current owner, or in the case of joint possession, co-owners, as they result from the Protocol.
In part III of the rights listed in part III of the Protocol, it will pass, showing the number and date of registration of the application, which was the plot did embark, right image was subject to enrollment, name of the person or of the plot in favour of which the Act was done signing up, and, if applicable, the amount of debt that was guaranteed by inclusion.


Article 28 After drafting land book, the land register of the District Court will determine, through discharge, the date when the ruler of the land register as a delegate, assisted by 2 delegates, will communicate the work in the village.
The conclusion section of the land register is going to bring to the attention of interested parties at least 30 days before the commencement of the work, by showing the section of the land register, the Mayor of the commune and through the usual means of advertising in the village.


Article 29 the leader of the land register as a delegate in the commune of deplasandu, will look into first, accompanied by two officials being Town Hall, where archaeologists had undergone any change in that case will proceed according to those foreseen in the regulation of transcription in the books or parcels of land plots past the cadastral territory which from the territory.
He will then proceed to the identification of the parcels on the basis of drafts prepared and work measurement, stating in section observatiuni of the question of the land register, any change in the condition of Rebecca parcels or the person in possession.


Article 30 upon completion of the work provided for in art. 29, the ruler of the land register delegate will compare to the seat of the Court, the section of the land register, the land register projects, protocols, passing in the appropriate part of the land register, entries made in the meantime in the protocols.


Section III Harnessing works made by the ruler of the land register delegate Article 31 Verification of the work done by the ruler of the land register as a delegate, will be made by judge Justice Ministry delegate on the advice works for Land and Books the land cadastre, assisted by the head of the land register as a delegate, and 2 delegates.
Comisiunea will be helped in its work of all staff, and in case of need and a cadastral technician, delegate of the cadastral Inspectorate respectively.


Article 32 the judge delegate will give a discharge, which will publish at least 15 days before the commencement of the works in the commune, in the Official Gazette in a newspaper may spread from the capital of the county or township through the display section of the land register and the Town Hall and through any means used in advertising by which they will be invited to submit an obiectiunile all those who dispute about inclusion in protocol pretending their modification or cancellation from enrollment, or who claim in their favor of a law likely to be entered in the land register.


Article 33 After expiry of the period prescribed in the advertisement the previous article, the judge, in the commune of deplasandu, will check the work done by the ruler of the land register as a delegate, taking such measures as are dictated by circumstances, in order to amplify.


Article 34


If the judge finds that limits any plots shown are wrong or if the settlement parcels from each other is not shown on the plan according to the situation on the ground or any other change in the status of the plots, the judge will make all the necessary investigatiunile, listening to stakeholders, neighbours, technician, delegate or delegations of the City Hall's on any other informants.
If the parties understand, the judge will consign understanding occurred in minutes and will have rectificarilor needed in carrying out the plans and cadastral works.
If the parties do not understand, the judge will rule through a book, which will be contested under art. 34 and following of law No. 394 dated 23 June 1943 for speeding judecaţilor in civil and commercial matters.


Article 35 If the contents of the Protocol does not correspond with the actual legal situation, the judge, after hearing the parties concerned will proceed according to those laid down in article 185 of the law on the uniting dispoziţiunilor regarding the land books, whose dispoziţiuni shall apply accordingly.


Article 36 the judge will record observations made in minutes, which shall be signed by the judge and by those who have witnessed the creation of research, interested parties, and where appropriate, informants.


Article 37 After completion of work delegated judge, shall submit a report to the section of the land register of the District Court, about work performed, together with drafts of books, with the land records trained to spot and records accompanying that will become available through the discharge under art. 121 of the Act relating to land books, by virtue of its findings in the minutes and records the appropriate entries in accompanying projects, land book, but without prejudice to rights acquired through enrollment in the course of the procedure for the processing of protocols in land books.


Article 38 upon completion of the work provided for in art. section 37 of the land register of the District Court shall order, by terminating, drafting land books.


Article 39 the land register of the District Court will bring to the attention of the public through discharge, according to those laid down in articles 81 and 82. 175, para. 3 and 4, of the law on the uniting dispoziţiunilor regarding the land books, initiation of rectification.
Finally it will look like the territory (commune or village) for which has been made in transforming the land books, protocols start date the procedure for rectification and somatiunea to be done within 3 months from the way the date of record, noting cases in common, their contestaţiunile against land registrations made in the books.
Contestaţiunile will be recorded in the land register.
The land register of the District Court will judge contestaţiunile after summoning interested parties.
The decision will be appealed under art. 34 of law No. 394 dated 23 June 1943.


Article 40 Copies, extracts or certificates of land cards issued during the procedure of correction, will be showing special about entries that are challenged.


Section IV table of contents and protocols of the Correction of the books contents, Article 41 Correction land Protocol or of land will be required and the person concerned in the cases provided for by art. 185 of the law for the unification of dispoziţiunilor concerning the land books whose dispoziţiuni shall apply accordingly.
In this case, the section of the land register of the District Court will appoint a judge, assisted a ruler of the land register as a delegate, you will proceed to investigatiunile necessary, after hearing the parties concerned.
Section of land register Act by terminating pursuant to its findings and listed in a report according to art. 121 of the law for the unification of dispoziţiunilor concerning the land books.


Chapter III final provisions Article Dispoziţiuni and 42 transitorii courts and notaries public, which authenticate an act resulting from any right to be tabulated in the land register are required to request inclusion of their ex officio in the land, only if the person concerned out and reserved the right to make diligent path towards to submit application for entry.
To this end, at the request of authentication will join and an application for entry in the land register. The Court or the notary public, will send the next day all the documents authenticated authentication in the previous day.


Article 43 Requests, and actions introduced the land register sections until the implementation of the present law shall be judged according to the rules in force at the time of their introduction.


Article 44 terms and remedies shall be determined after dispoziţiunile the law in force at the time when time starts to run.


Article 45 Dispoziţiunea art. 8, 18 to 24 inclusive, 41 and 42 shall apply to and in Bukovina.


Article 46 Is repealed art. 3, para. 3 and art. 4 up to 12 including law No. 389 of 22 June 1943, for the extension of civil and commercial legislation in Romania over Transylvania.


Article 47 shall be maintained in force in local law, law in 1908, regarding the amalgamation of rural properties and ordinances No. 30 and 500 from 1908, and dispoziţiunile from laws, regulations and ordinances relating to land registry Central books on railways.


Article 48 Dispoziţiunile Romanian legislation, insofar as they are contrary to the law on the uniting dispoziţiunilor concerning land or books of the present law, shall not apply in respect of all the rights in rem of immovable property entered in the land register.
This law was voted by the Assembly of Deputies, sitting in on June 27, which from 1947, and was approved by a majority of one hundred eighty votes, against one.
Vice President, Flood (L. S. D.)
Secretary, Sahagun that law and Promulgăm Morariu categorise as it is vested with the seal of State and published in the Official Gazette.
Justice Minister Bob MAGEE, Joshua — — — — —-