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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

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LEGE no. 241 241 of 12 July 1947 for the implementation in Transylvania of the law for the unification of the provisions on land books of 27 April 1938
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 157 157 of 12 July 1947



MIHAI I, Through the grace of God and the national will, King of Romania, To all present and future, health; The Assembly of Deputies voted and adopted, and We sanction what follows: + Chapter I General provisions + Article 1 It is implemented throughout Transylvania, the law for the unification of provisions regarding land books of 27 April 1938, according to the provisions of the following articles: + Article 2 In all cases when the Romanian legislature grants a privilege, either generally on all movable and immovable property, or real estate, or a legal mortgage, in order to guarantee any right or claim, it will be possible to register that privilege or legal mortgage in the land book. + Article 3 The registration of the privilege or legal mortgage is made pursuant to the enrolment from which the privileged claim results or which confers the right to take a mortgage inscription. In the cases provided for in Article 67-71, including, of the law for the unification of the provisions on land books, the rules will be made according to the provisions. + Article 4 Legal privileges or mortgages will be entered for the amount provided in the document; if the claim is not determined for the maximum amount shown in the application. + Article 5 The legal privileges and mortgages take place through their registration in the land book, according to the provisions of the law for the unification of provisions regarding land books. It is exempted from the above rule, the privilege of court costs and the privileges of the State, which remain governed by the laws governing them. + Article 6 The possession required for use in the cases provided for in Article 27 and 28 of the law for the unification of the provisions on land books must satisfy the conditions required by the civil code. The completed prescriptions, as well as those started before the implementation of this law are covered in terms of their nature, duration and effects, by the provisions of the law under which they began. In the case provided for by the previous paragraph, the holder will be able to ask from the competent court, in the constituency to which the building is located, the finding of fulfilled use. The action will be introduced both against the holder entered in the land register and against third parties who have acquired rights by registering them in the land register. However, the rights that third parties have acquired in good faith will remain untouched, by legal act with the onerous title, trusting in the land book. + Article 7 The right of property acquired by way of access will be able to register in the land register under a court decision, given after hearing the interested parties and on the basis of an expertise made by an authorized cadastral technician. + Article 8 In the event of divorce by mutual consent, the provisional registration of the right of property in favour of children, within the meaning of Article 285, paragraph 1, of the civil code, will be approved under the minutes concluded by the Tribunal, according to Article 263 of the civil code, which will also show the buildings on which the registration is to be made. For this purpose, the spouses will be obliged to submit and submit to the Tribunal, in addition to the acts listed in Article 262 of the civil code, and a declaration comprising the data regarding the buildings to be registered in the name of the children. The justification for the provisional registration will be made under the civil status extract, in which the divorce decision was mentioned. If the divorce is pronounced for determined causes, the intabulation of the right of property in favour of children, will be made under the extract from the civil status register, in which the divorce decision was mentioned. + Article 9 In the case provided for by Article 51 of the law for the unification of land-book provisions, the Court will approve the provisional registration of the deregistration of the mortgage right, if the real offer and the consemnation being made suitable the legal provisions, shall be joined at the request for erasure and a certificate issued by the institution where the consemnation was carried out, certifying that the debtor has waived the right to withdraw the recorded amount. + Article 10 It will be possible to note in the land book, apart from those provided for in Article 51 of the law for the unification of provisions regarding land books, and the following: 1. The sentence of admission of the moratorium; 2. Poprirea of a mortgage claim. + Article 11 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 poprit tertiary. 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 12 The following creditors will be able to ask for the relocation of the poprite mortgage claim under the irrevocable validation decision. If, however, several stops have been made on the same mortgage claims, for which however the validation procedure is ongoing in front of several Courts, the intabulation of the displacement of the mortgage right in favour of the creditor who obtained the decision irrevocable validation, will be made subject to the right of the other popritori creditors. + Article 13 The notation of the stop to alienate or strike does not prevent the registration of the right if the rank has been secured, according to Article 88 of the law for the unification of the provisions on land books, before the presentation of the request for scoring. It shall not prevent the justification of a provisional entry. + Article 14 The tenancy contracts concluded for a period exceeding 3 years as well as the revenue disposals over 2 years, shall become opposable to third parties only by noting them in the land register. + Article 15 In the case of heritage separations, the rights of creditors and legatars are preserved only by scoring. By scoring, the property separation will produce the effects determined from the civil code. Note may be required while the heir is entered as the owner in the land registry. + Article 16 If the separation of patrimony has been waived, it will be possible to ask for 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 deregistration of the notation of the patrimony separations will be made under the irrevocable court decision. + Article 17 After the transcript of the matrimonial convention in the special register, the Court will send a copy of this, to the Land Registry Court, in order to note, if among the goods subject to the matrimonial regime agreed by the parties there is any immovable property. In terms of a real estate, only by scoring, the marriage convention becomes opposable to third parties of good faith. + Article 18 The donor will be able to ask for the note in the land book of the application for the revocation of liberality in the cases provided by 829 829 and 930 of the civil code. The revocation of the liberality for ingratitude and for the child's arrival, will not bring any damage to the real rights acquired with the onerous title, on a building contained in the donation by a third person of good faith, if these rights were acquired before the revocation of the request for revocation. The above rule also applies to revocation for failure to perform the task or condition, outside only if the condition was noted in the land book. The nature report of real estate that is part of the succession does not affect the tasks and estrangements consented by the tabular owner. + Article 19 If in the donation contract it was 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 land book, according to art. 79, para. 2 2 and 81, pt. 5 5; of the law for the unification of provisions regarding land books. The deletion of the notation will not be committed, in the case provided by art. 84, para. 2, of the law for the unification of provisions regarding 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 premises made for a term of no more than 5 years shall be maintained, the revenue disposals for a period of no more than 2 years, as well as the notaries regarding the actions that were introduced and against the donor. + Article 20 If the donation was made in order to conclude a marriage, the extract from the marriage register will also be joined at the application for registration. While the marriage is not celebrated, it will be possible to note the donation made in order to end the marriage. If such a donation is contained in the matrimonial convention, with the notation provided for in Article 81, paragraph 3, of the above-mentioned law, shall be noted ex officio and the donations made in order to conclude the marriage. + Article 21 If the marriage agreement includes a donation made between the future spouses or by a third party in favor of the future spouses, or of a future spouse, a viewer to whom the donor has reserved the faculty to revoke it, with the registration the right in favour of the donor, the right of revocation will also be noted. If the donor revokes the donation, it will be done according to those provided for in Article 19, para. 3 3 and 4. + Article 22 If the marriage agreement comprises a donation of future goods, according to Article 933 of the civil code and in which the donor has not reserved the faculty to revoke it in its entirety, the beneficiary spouse will be able to request under this convention and of an extract from the register of marriages, note of the provision regarding the donation of future goods, both on present and future goods, whenever the donor acquires the right of ownership or superficie on a immovable property in the land register. The effects of the grading are those provided by art. 933, para. 2 2 of the civil code. The deletion of the notation will be required, in the following cases: 1. If the donor dies before the donor. 2. If the donation is cancelled or revoked. If the building is disposed of as onerous, the deletion of the notation will be made ex officio, with the intabulation of the right in favor of the acquirer + Article 23 If the marriage agreement includes a donation of present and future goods it will be possible to note both the present goods and those who will still acquire. Noting on the present goods, it will be possible to ask even before the celebration of the marriage and even if the donor has reserved the faculty to revoke the donation in its entirety. The grading produces the effects provided by art. 933, para. 2 2, from the civil code. It will be possible to require the deletion of the notation on future goods, in the cases provided by 22, para. 3 3 and 4, and as regards the goods present in the cases provided by par. 3 3, point 1 1 and 2, of the same article. If the donor spouse will opt for the present goods, with the registration of his right in the land book, the entries made after the scoring will be removed ex officio, according to those provided by art. 19, para. 3 3 and 4. + Article 24 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, how and that such a donation is always revocable, according to art. 937 937 of the civil code. If the donor spouse revokes the donation, it will be done according to those provided by art. 19, para. 3 3 and 4. + Chapter II Procedure of converting protocols into land books + Section I General provisions + Article 25 The transformation of protocols into land books, will be able to be ordered by the Ministry of Justice, at the proposal of the Direction of Land Books and Land Cadastre, only in the communes where works of measurement-plot throughout the territory of If, however, the preparation of measurement plans has elapsed for more than 3 years, the transformation of protocols into land books will be ordered only after a prior reambulation and revision of the plans. If a commune is made up of several villages, and the measurement-plot works were executed only on the territory of some of these villages, it will be possible to transform the protocols into land books, but limited to the territories the villages where these works were executed. The Ministry of Justice, the Department of Land Books and the Land Cadastre, will submit in copy to the court, the land book section, in the constituency to which the commune is found, for which the transformation procedure, the plans, registers and cadastral indexes. The land book section of the judge will communicate to the bodies responsible for the transformation works, from the start of the transformation procedure until its completion, all the terminations by which any enrolment in the protocols is approved, to keep them in the record. + Section II Preparatory work + Article 26 The land book section of the court will delegate a land registry leader, who will carry out the following works: 1. A special register (combinatory), in which it will be indicated next to each plot number appearing on the maps of the land register, the new number that was given to that parcel on the measurement plans. 2. How many a painting about the entries made in protocols in favor of the State, the commune, the county, or other authorities or public institutions, to guarantee the receivables resulting from taxes, tax increases, other special contributions and fines. 3. A separate painting on each credit institution about the entries made in their favour, in order to guarantee their claims. In these paintings will be shown the name and domicile of the owner against whom the registration was made, the name and domicile of the current owner, entered in the protocol, the number of protocol and the number of plot on which the registration was made, the registration under which the registration was approved, the number and the date of the conclusion by which the claim guaranteed by the registration and possibly the date of chargeability was approved. One copy of these paintings, the land book section will send to the respective creditors, and the copy of the painting, regarding the entries made in favour of the tax office, the respective financial administration. In the address that will accompany these paintings, the creditors will be directed that within 30 days of the communication, they shall rule on the existence of the claims made in their favour, making it known to them that, in the case of non-consequence, the entries guaranteeing their claims, will no longer be transcribed from protocols in land registry projects, if 10 years have passed, from the date of registration or exigibility of the claim, when this fact results from the registration. + Article 27 After the execution of the works provided for by Article 26, the delegated land book leader, will draw up the land book projects, in which only the unrestricted entries from the protocols will pass. The land book project has three parts. Part I of the project, besides the usual headings, also has the following headings: the new number with which the plot appears on the plane and the surface resulting from the measurement. On Part II, the current owner will be mentioned, or in case of indivision, the co-owners, as follows from the protocol. In Part III-the rights entered in Part III of the Protocol, will be summarily passed, showing the number and date of registration of the application for registration, the plot on which the registration was made, the right to be registered, the name of the person or of the parcel in favour of which the registration was made, as well as, if applicable, the amount of the claim that was guaranteed by registration. + Article 28 After the preparation of the land registry projects, the land registry section of the court will determine, by conclusion, the date when the delegated land book leader, assisted by 2 delegates of the city hall, will communicate the works in the commune. The conclusion of the land book section will be brought to the attention of those interested at least 30 days before the start of the works, by display in the land book section venue, at the commune hall and by the usual advertising means in common. + Article 29 The leader of the land book delegate moving to the commune, will investigate first, accompanied by two delegates of the town hall, if the territory of the commune has undergone any change, in which case it will proceed according to those provided in the regulation on transcription in the land books of plots or parts of parcels passed from a cadastral territory to another territory. He will then proceed to identify the parcels on the basis of the drafts drawn up and the measurement works, mentioning, in the column of observations of the respective part of the land book project, any change arising in the material state of the plots or in person possessing. + Article 30 After finishing the works provided by art. 29, the delegated land book leader will compare at the seat of the court, the land book section, the land book projects, with the protocols, further passing, in the corresponding part of the land book projects, the entries made meanwhile in the protocols. + Section III Capitalizing on the work done by the delegate land registry + Article 31 The verification of the works made by the delegated land book leader, will be done by the judge delegated by the Ministry of Justice, with the opinion of the Directorate of Land Books and Land Cadastre, assisted by the delegated land book leader, and 2 city hall delegates. The commission will be helped in its works by all necessary personnel, and in case of need and by a cadastral technician, delegated by the respective cadastral inspectorate. + Article 32 The delegated judge will give a conclusion, which will be published at least 15 days before the start of the verification works in the commune, in the Official Gazette in a more widespread newspaper in the county capital or commune by display in the section of the land book and at the town hall as well as by any means of advertising used in the commune by which they will be invited to formulate their objections all those who contest any enrolment in the protocol claiming the modification or deletion thereof, or which claim the entry in favour of a right liable to be entered in the land register. + Article 33 After the expiry of the advertising period provided for in the previous article, the judge, moving to the commune, will check the works made by the delegated land book leader, taking the measures dictated by the circumstances, in order to complete them. + Article 34 If the judge finds that the limits of any plot are misstated or if the settlement of the plots against each other is not shown on the plan according to the situation on the ground or any other change in the material state of the plots, the judge will do all the necessary investigations, listening to the stakeholders, the neighbors, the delegate technician, the mayoral delegates or any other informants. If the parties are understood, the judge will record the agreement in a minutes and will order the necessary rectifications in the plans and other cadastral works. If the parties do not get along, the judge will rule by a court book, which can be appealed according to art. 34 34 and the following of the law No. 394 of June 23, 1943 , to accelerate judgments in civil and commercial matters. + Article 35 If the contents of the protocol do not correspond to the actual legal situation, the judge after hearing the interested parties will proceed according to Article 185 of the law on the unification of the provisions relating to land books, the provisions of which shall apply accordingly. + Article 36 The judge will record the findings made in the minutes, which will be signed by the judge, as well as those who witnessed the making of the investigations, the interested parties, as well as the case, the informants. + Article 37 After the completion of the work, the delegated judge will submit a report to the land book section of the court, about the works carried out, together with the land book projects, with the on-site-trained minutes and the documents. accompanying, which will order by conclusion according to art. 121 of the law on land books, based on the findings made in the minutes and accompanying documents, the corresponding entries in the land registry projects, without prejudice to the rights acquired by enrolment, during the procedure of transforming protocols into land books. + Article 38 After performing the works provided by art. 37, the land book section of the court will order, by conclusion, the drafting of the land books. + Article 39 The land book section of the court will bring to public knowledge, according to those provided by art. 175, para. 3 3 and 4, of the law for the unification of provisions regarding land books, the start of the rectification procedure. In conclusion will be shown the territory (commune or village) for which the transformation of protocols into land books was carried out, the date of commencement of the rectification procedure and the summons to do within 3 months from the date of the minutes, finding the enjoyment of advertising in the commune, their appeals against entries made in land books. The appeals will be noted in the land book. The land registry section of the adjudicatory will judge the appeals after summoning the interested parties. The decision can be appealed, according to art. 34 34 of Law No. 394 of 23 June 1943 . + Article 40 Copies, extracts or certificates on land books, issued during the rectification procedure, will make special reinforcement about the entries that are challenged. + Section IV Rectifying the contents of protocols and land books + Article 41 The rectification of the protocol or the land book will also be possible for the interested party in the cases provided by art. 185 of the law for the unification of provisions on land books whose provisions will apply accordingly. In such a case, the land registry section of the court will delegate a judge who, assisted by a delegated land book leader, will proceed with the necessary investigations, after hearing the interested parties. The land book section will decide by conclusion on the basis of the findings made and recorded in a minutes according to art. 121 of the law for the unification of provisions regarding land books. + Chapter III Final provisions and transitors + Article 42 The courts, as well as the public notaries, who authenticate an act resulting in any right to be intabulat in the land book, are obliged to ex officio ask for their registration in the land book, outside only if the interested party has reserved the right to do due diligence in order to submit the application for registration. To this end, the application for authentication will also join the application for registration in the land register. The court or notary public, will send the following day of authentication all the documents authenticated the previous day. + Article 43 Applications, as well as actions brought to the land registry sections until the implementation of the present law, will be judged according to the rules in force, at the time of their introduction. + Article 44 The deadlines and remedies shall be determined by the provisions of the law in force at the time the deadline begins to run. + Article 45 Provision of art. 8, 18 to 24 inclusive, 41 and 42 also apply in Bucovina. + Article 46 It is repealed art. 3, para. 3 3 and art. 4 to 12 including from Law No. 389 of 22 June 1943 , for the expansion of civil and commercial legislation in Romania over the Carpathians. + Article 47 It remains in force from local law, law VII of 1908, regarding the composition of rural properties and ordinances No. 30 and 500 of 1908, as well as the provisions of laws, regulations and ordinances on central land books, for the ways Railroad. + Article 48 The provisions of the Romanian legislation, in so far as they are contrary to the law for the unification of the provisions on land books or the present law, will not apply in respect of the real estate rights registered in the land register. This law was voted by the Assembly of Deputies, at the meeting of June 27, 1947, and was approved by a majority of one hundred and eighty votes, against one. Vice-President, Aurel Potop ((L. S. A. D.) Secretary, Stelian Morariu We promulgate this law and order that it be invested with the seal of the State and published in the Official Gazette. MIHAI Justice Minister, Lucretiu Patrascanu -------