Act of the Czech National Council No. 102 / 1992 Coll.
Act of the Czech National Council, which regulates issues related to the publication of Act No. 509 / 1991 Coll., amending, supplementing and adapting the Civil Code
Valid
Effective from 05.03.1992
102
THE LAW
Czech National Council
of 19 February 1992
adjusting certain issues related to the publication of Act No. 509 / 1991 Coll., amending, supplementing and adapting the Civil Code
The Czech National Council decided on this law:
Jurisdiction of municipalities in providing housing compensation
(1) If the lessor who has given up the lease of the apartment with the court's permission, or one for whose benefit the court's decision has imposed an obligation on other persons to vacate the apartment, cannot provide for a refund, (1) may request that this refund be paid to the municipality in whose territory the apartment to be cleared is. The same procedure is followed by the lessor if the construction office has authorised the removal of the status.2)
(2) In order to provide housing compensation for one of the divorced spouses who, under the decision of the court or under the agreement of the divorced spouses, is obliged to move out of the flat after the joint lease has been cancelled, he may request any of the divorced spouses.
(1) The municipality provides housing compensation by proposing to the lessee the conclusion of an apartment lease contract or, where applicable, a room in the house which is owned by it, or by concluding an apartment lease agreement in another legal or natural person's house for the benefit of the person who is obliged to vacate the apartment. 3)
(2) The provision of housing compensation falls within the separate competence of the municipalities.
(1) The municipality shall determine the order of the applications for the housing refund according to the urgency. According to local conditions, the municipality is primarily responsible for providing housing compensation in the event of termination of the apartment for the reasons set out in Section 711 (1) (a) of Act No 509 / 1991 Coll.
(2) The municipality may lay down more detailed criteria for determining the ranking of a general decree. (4)
The municipality shall issue a certificate to the person who applied for the housing refund that is eligible for the removal and proper use.
The municipality in which the flat is vacated may provide for a refund in another municipality by agreement with that municipality only under the conditions laid down in Sections 711 (1) (c) and (d) and 712 (2) of the Civil Code.
(1) If the lease of an apartment agreed for a specified period of notice before the end of the period of notice is cancelled, the lessee shall be entitled to an apartment refund within the scope of the termination of the lease.
(2) In the case referred to in paragraph 1, the lessee shall have the right to an apartment refund only for the period for which the lease was originally agreed.
(3) If the lease of an apartment agreed for a fixed period of more than 10 years expires, the lessee shall be entitled to an apartment refund if, after the conclusion of the lease contract, there are such serious circumstances on his part that it is not possible to reasonably require the flat to be cleaned out without compensation.
Determination of the competence of local authorities to implement certain provisions of the Civil Code
The proposal for a preliminary prohibition of obvious interference in a peaceful state and the imposition of the obligation to restore the previous construction 6) is decided by the municipal authorities. 7)
The powers laid down by the Regional Office, the Municipal Office of the Municipality with extended competence or entrusted to the Municipal Office under this Act are the powers of delegation.
Transitional and final provisions
(1) The administrative procedures initiated under Act No. 41 / 1964 Coll., on the Management of Houses, are hereby terminated on 1 January 1992. The decision to terminate the procedure shall not be taken in such cases, shall be indicated in the file and the parties shall be informed in writing.
(2) According to this Act, applications for the allocation of a replacement apartment submitted until 31 December 1991 shall also be followed.
They shall be deleted:
(a) § 2 and 3 of the Act of the Czech National Council No. 120 / 1983 Coll., on determining the competence of national committees in the implementation of certain provisions of the Civil Code and notarial order,
(b) Decree No. 66 / 1979 Coll., implementing certain provisions of the Civil Code governing the provision of services,
(c) Decree No. 177 / 1964 Coll., implementing certain provisions of Act No. 41 / 1964 Coll., on Housing Management,
(d) Decree of the Government of the Czech Republic No. 205 / 1990 Coll., laying down further cases where an apartment can be allocated in the state interest.
This Act shall take effect on the day of its publication.
Burešová v. r.
Pithart v. r.
1) Paragraph 712 of the Civil Code, as amended by Act No. 509 / 1991 Coll., amending, supplementing and adapting the Civil Code.
2) Paragraph 88 (2) of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act).
3) Paragraph 50 of the Civil Code.
4) Section 16 of the ČNR Act No. 367 / 1990 Coll., on municipalities (municipal establishment).
5) § 49 of the Order of the Ministry of Labour and Social Affairs of the Czech Republic No. 182 / 1991 Coll., implementing the Act on Social Security and the Act ČNR No. 114 / 1988 Coll., on the competence of the Czech authorities in social security.
6) Section 5 of the Civil Code.
7) Decree of the Government of the Czech Republic No. 475 / 1990 Coll., determining the entrusted municipal authorities.
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Regulation Information
| Citation | Act of the Czech National Council No. 102 / 1992 Coll., regulating issues related to the publication of Act No. 509 / 1991 Coll., amending, supplementing and adapting the Civil Code |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.03.1992 |
|---|---|
| Effective from | 05.03.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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