The Rule Privilege On Vehicles And Establishing The Public Automobile Registry

Original Language Title: Regola Il Privilegio Sugli Autoveicoli Ed Istituisce Il Pubblico Registro Automobilistico

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8. No law which regulates the privilege on motor vehicles and establishes the public vehicle registration. We the Captains Regent of the Most Serene Republic of San Marino We promulgate and publish the following law approved by the Great and General Council at its meeting on 31 January 1950: Art. 1. For the benefit of the seller of motor vehicles, when they are dempite the formalities referred to the following provisions , it is a judicial, for the price or that part of the price that has been agreed upon and that has not been paid at the time of the sale and its accessories, specified in the contract. The same privilege is up, observed the same formalities, to those who have, in the interests of the buyer, paid for all or part of the vehicle price. cases other than legal privilege the vehicle may be subject to conventional privilege granted by the debtor as security for any other creditor. The title which gives rise to legal privilege or Convectional must be a written document, duly registered in accordance with art. 12. The privilege does not last longer than five years and may, with the consent of the parties, be renewed before the expiry for a further period not exceeding five years, with effect from the original date of enrollment. The privilege, duly registered, follow the vehicle owner, and at each subsequent owner, until the extinction of credit guarantees. The inscription of privilege can not be claimed after one year from the date of the act which gives you the place. Art. 2. If the vehicle is subject to legal privilege or conventional either been destroyed or damaged, or subject to other event giving rise to payment of benefits, the amounts due are entered for the payment of the secured claims by liens registered in the public register. The payment of the amounts or benefits listed above does not free the debtor if it has not been requested and obtained the consent of the secured creditors. In the event of disagreement between the owner and secured creditors, the debtor shall deposit the amount in a bank specified by the Commissioner's Court, which will decide on any related disputes. Art. 3. The one in whose favor it is made up of legal or conventional privilege has the obligation to ensure the debtor, in cases of civil liability to third parties arising from damage from vehicle products, for an amount not less than that of the constrained credit to privilege and for a time equal to the duration of the same constraint. The secured creditor has the right to claim against the debtor of the insurance costs referred to in this Article. In the absence of insurance, the sums of creditors that may be due to damage from vehicle are not applicable privileges. Art. 4. The privileges of art. 1 are preferred to all other general and special privileges except those described in article. 17 of the law mortgage 16 March 1854. If there are more 'privileges the degree is determined by the date of registration on the public vehicle registration. If the same act gives rise to a privileged credit in favor of the seller of the vehicle for the part of the agreed price and has not been paid at the time of sale and other privileged credit in favor of those who, in the interest of the buyer, has paid part of the price to the seller, both credits are placed in the grade and compete with each other in proportion to the respective amount, if the application for registration was proposed jointly by creditors and is not provided in co contrary. Art. 5. If a representation of the senior debt, duly registered in the public register, the debtor to the creditor releases one or more 'bills, these will contain a reference to this Act and the declaration that the claim is secured on a motor vehicle , with indication of the date, the volume and the sheet where enrollment is followed. An endorsement of bills of exchange in accordance with the preceding paragraph produce the transfer of the motor car privilege in favor of the endorsee. Art. 6. Transfer of ownership and privilege restrictions made on the motor vehicle, unless they have been registered in the public vehicle register content of this Act shall not take effect before third parties, who have bought property or other rights on ' vehicle and they have made duly entered in the same register the public, when the registration is required by law. If the title of senior debt is on, it turns it also produces the transfer of privilege. The inscription of the title and the record of the endorsement in the public vehicle registration shall be conclusive
faith before third parties to determine the date of the constitution and the transfer of the privilege. Art. 7. The buyer loses the benefit of the term if, without the consent of the seller or of those who, in his interest, the seller has paid all or part of the vehicle price on which esist privilege, duly registered in their favor , alien the whole vehicle or parts of it, or, in any way, diminish the guarantee in favor of the seller or the price sovventore. If the buyer does not satisfy his obligations, it that is secured by privilege may apply, with the normal procedure, the vehicle seizure from the debtor or to any third party holding. Art. 8. The owner or keeper who destroy, damage, deteriorate the vehicle the subject of legal privilege or conventional duly registered, or the occult, or in any way subtracts from the creditor to the guarantee shall be punished, even if it is owner of ' the same vehicle, with imprisonment up to six months and a fine of up to 5,000 pounds. The same punishment the owner, posses hours or holder who has permitted the destruction, the failure, the concealment or subtraction. Other persons who participate to the fact, apply the aforementioned penalties, in accordance with standards established by the Penal Code in the case of competition more 'people in the same crime. For the offenses referred to in this Article shall only proceed upon complaint. Art. 9. At the Conservatory of mortgages the public automobile registry is set up, which comprises: 1) the registry for passenger cars, trucks and other vehicles similar to them; 2) the register for motorcycles and sidecars; 3) for agricultural tractors registry. The trailers are registered in the register referred to in n. 1 in a separate volume, with sheets having their consecutive numbering, distinct from that of the volumes for passenger cars, trucks and other veicol them assimilable. Each vehicle is registered in the public register sheet bearing the serial number matches that of the vehicle license of which the motor vehicle is provided. Agricultural tractors are recorded in the order in which they are presented complaints and applications for their registration. If the registers necessary to remove, alter or add a few words, the words that you want to remove or change must be interlineate so that you can always read and the changes and additions must be written for revues, datta and signed by the Registrar. Anyone who requests it has the right to obtain a copy of the inscriptions and annotations contained in the public register or the certificate that there is not any. Art. 10. In the public registers referred to in Article precedent shall be shown the following information: a) the license number or circulation permit (for logs 1) and 2) and the date of issue; b) the date of registration in the public register; c) the characteristics of the motor vehicle manufacture; d) the date of the certificate of origin issued on plain paper from the factory making (mandatory for manufacturing cars at the back entrance into force of this Act); e) the full name, paternity and residence of the owner or owners; f) the title under which is requested iscrzione of the property, a title that can be replaced, in the event of a sale followed verbally, by a declaration, authenticated, the seller, showing the date of purchase and the vehicle price ; g) the date and particulars relating to each act of subsequent transfer of vehicle ownership; h) the date of the act from which rise any privileges on the motor vehicle, the amount of senior debt, its maturity, the interest it produces, the person or entity on whose behalf the privileges are made, the residence of the person the same entity headquarters. Art. 11. The registration of privileges is done with esibiz one of the constitutive title of privilege, either in the original or certified copy, and two notes, one of which can be laid at the foot of the same title. It must be performed simultaneously, the circulation license. The notes, written on stamped papers by 25 pounds, must contain: 1) the surname, first name, paternity and the residence of the creditor and the debtor; 2) the date of the sale or the date of incorporation of the conventional with the privilege of the registration; 3) the amount of the sum due; 4) the interest that credit produces; 5) the time in which the rate or the entirety of the credit will make payable; 6) the number of the license or authorization of the motor vehicle circulation, with the exception of
agricultural tractors, the description of this, specifying the factory, the engine power, and the number from which it is distinguished, the chassis number, the body especially if the vehicle it is temporary, or a statement that does not have it . The endorsee, the dealer, the person surrogate or creditor who has a pledge on the motor vehicle credit, guaranteed in turn by privilege, ià writing on the public register, can make a note on the register and on the vehicle license, at the side of its registration or annotation, endorsement, assignment, subrogation, and the establishment of a pledge taken place. Art. 12. The title to be submitted for the record of the property or its transfer must be written on stamped paper and recorded, in the case of new car factory and licenses issued by the same factory, with the fixed lire 500 , and in the case of further change of ownership, even verbal, with the fees set out in Annex A. the instruments of privilege rights on vehicles are to be written on stamped paper and registered with the application of lire for a fee every hundred pounds of senior debt. In the event that it is vehicle provenient Italy must produce a copy of the inscriptions and existing annotations in the public register of the Automobile Club of Italy in the province of origin and such inscriptions and annotations will be, for all legal purposes, reported on the public vehicle registration. The documents executed abroad and presented for iscr tion they must be legalized. Art. 13. The registration certificate shows, at the time of the public vehicle registration, the particulars referred to in articles and is also annotated with the vehicle purchase price. The subsequent entries and notes on the public vehicle registration are also listed in the vehicle license. Of the relevant entry shall be recorded in the corresponding public registry sheet with the formula "made registration of charges on the vehicle license". For agricultural trattici it must be issued the extract of the registration sheet in which will include the data entered into the public vehicle registration and the enrollment of ownership. Art. 14. In order to obtain the renewal of the privilege you have two notes correspond to those of registration, containing the statement that it intends to renew the original inscription, accompanied by the Act as a result of the debtor's consent. The act that gives rise to the renewal of the privilege will be registered as a fixed fifty lire. Art. 15. The Registrar, after performing the registration or renewal of the privilege, returns to the applicant one of the notes, in order to certify the enrollment or renewal. Art. 16. When is the last installment of the pr zzo due to the seller or credit sovventore, it must be issued to the debtor released a final receipt of the balance, in which is contained the explicit declaration of consent to the cancellation of bonds of privilege recognized on the public vehicle registration with authorization to carry out the formalities disclaimers. Such an act, written on stamped paper and authenticated, must be registered with the payment of a fee corresponding to the amount of the receipt stamp of the total amount of ordinary tax. The same rules apply in the event of termination of the obligation secured by conventional privilege on the motor vehicle registered in the public automobile registry. Art. 17. The cancellation of the lien bonds or c nvenzionale, permitted by the interested parties, is performed on filing the notice of receipt of the article above, or other authentic act bearing the consent of the creditor. Cancellation is also performed when it is judicially ordered by a judgment or an order passed final. Even in the case of partial cancellation requires those who must submit the title authorizing it. The cancellation of a registration and grinding it eseguiscono in enrollment same margin, with an indication of the title and the date on which the formality is completed. Art. 18. For each registration or registration of charges on the public register and for each copy or statement or vision relative to this register will be paid the fixed fee of 100 pounds by means of a stamp duty. Art. 19. Transitional provisions. The registration of motor vehicles previously provided with official license and registration papers will office. For other interested parties are obliged to pay the fee referred to in Article. 18 and provide all the data from the Conservatory will be required, and, failing that, will be subject to withdrawal
the vehicle license until they have failed to fulfill that obligation. The Registrar of the Court Commissioner's office will transmit the Conservatory authentic copy of the acts with which privileges on motor vehicles were registered, indicating the date on which the registration has taken place, for the registration of the same privileges on the public vehicle registration. Art. 20. The entry into force of this Act will be fixed with the next Reggenziale Decree. Given at Our Residence, this day of 1 March 1950 (1649 dFR). THE CAPTAINS REGENT Vincenzo Pedini - Augustine Biordi THE SECRETARY OF STATE FOR INTERNAL AFFAIRS G. Dropouts Table AA) Motorcycles and agricoliL tractors. 250 sidecar "750 B) Power Cars a) up to 8 hp ...... L. 1,250 b) from over 8 up to 12 CV .." 2,500 c) "12" 20 HP "3,250 d)" 20 "hP 30" and 5,000) "30" 40 hP "7,500 f) over 40 CV ...." 10,000 C) industrial Vehicles scope of a) up to 7 Q. .. L. 2,500 b) from more than 7 up to 15 Q. "6,250 c)" 15 "30 Q." 7,500 d) "30" 45 Q. "10,000 e)" 45 "60 Q." 12,500 f) "60" 80 Q. "15,000 g) over 80 Q .. "20,000 D) flow trailer) up to 20 ... Q. L. 5,000 b) from more than 20 up to 50 Q" 8,500 c) over 50 Q. ... "12,500 NB - Where the transfer is It happened in Italy and there has been paid the required fee will not be subject to the payment of the aforementioned fee.