Decree No. 108 / 1945 Coll.
Decret of the President of the Republic on confiscation of enemy property and National Recovery Funds
Valid
Effective from 30.10.1945
108.
Decret of the President of the Republic
of 25 October 1945
on confiscation of enemy property and National Recovery Funds.
On the proposal of the Government and in agreement with the Slovak National Council, I establish:
Confiscation of enemy property.
Definition of confiscated property.
(1) It is confiscated without compensation - if this has not already happened - for the Czechoslovak Republic property, whether real or movable, in particular property rights (such as receivables, securities, deposits, intangible rights), which, at the date of the actual end of the German and Hungarian occupation, was or is still owned by:
1. The German Empire, the Kingdom of Hungary, persons governed by or related to German or Hungarian law, the German Party of Nazi, political parties of Hungarian and other departments, organisations, undertakings, establishments, personal associations, funds and special-purpose assets of these regimes, as well as other German or Hungarian legal persons; or
2. persons of the physical nationality of German or Hungarian, with the exception of those who prove that they have remained faithful to the Czechoslovak Republic, have never been guilty against the Czech and Slovak peoples and have either been active in the fight for their liberation or suffered under Nazi or fascist terror; or
3. persons of the Czechoslovak Republic who have been engaged in activities against national sovereignty, independence, integrity, democratic-Republican state form, security and defence of the Czechoslovak Republic, who have been seeking such activities or other persons of their own volition, deliberately supported in any way the German or Hungarian occupants, or who, at the time of the increased threat to the Republic (§ 18 of Decree of the President of the Republic of 19 June 1945, No. 16 of the Coll., on the punishment of Nazi criminals, traitors and their handlers, and on extraordinary people's courts), have maintained the Germanisation or Madřisation in the territory of the Czechoslovak Republic of Czechoslovakia or the Czech or Slovak people, as well as well as well as physical or legal persons who have suffered such activity in the management of their property or business.
(2) The confiscation shall also be subject to all assets belonging to the entities referred to in paragraph 1 which were, at the time of the decision referred to in paragraph 1, the first sentence, after which, in the case of persons in whose hands the confiscation would not have been subject to confiscation, would not comply with the principles of decency.
(3) If the conditions for confiscation under this Decree are met, the competent district national committee shall decide. The decision can be served by a public decree, even if the conditions of § 33 of the Decree of 13 January 1928, No 8 Coll., on proceedings in matters falling within the competence of the political authorities (administrative proceedings) are not met. The decision of the District National Committee can be referred to the Regional National Committee (Slovakia to the competent authority of the Slovak National Council). The Home Secretary may amend the decision-making procedure referred to in this paragraph by means of directives.
Exemptions from confiscation and compensation.
(1) Part of the movable property of persons referred to in § 1 (1), (1), (2) and (3), which is inevitably needed to satisfy life needs or to carry out the personal employment of such persons and their family members (such as clothing, blankets, laundry, household tools, food and tools), is excluded from confiscation. Details of the extent of this property shall be laid down by the Government by regulation.
(2) The Government may, by regulation, provide that the property of a particular group of persons falling under the provisions of Paragraph 1 is to be excluded from confiscation in part or in whole.
(3) Confiscation shall not be subject to property which, in the period after 29 September 1938, under the pressure of occupation or as a result of national, racial or political persecution, has lost persons who are not subject to the provisions of § 1.
(4) In the confiscation of the property of a legal person, the proportional compensation shall be payable to persons participating in the capital if they do not fall within the scope of Paragraph 1 (1), in particular if they cannot be attributed to the activity and behaviour of the legal person concerned or are deprived of due diligence in the provision of, or supervision of, its administration, and if they do not act directly or indirectly in the interests of the persons to whom the provision of Paragraph 1 (1) applies. The government will adjust the details by regulation.
(5) If the persons whose property is subject to confiscation are co-owners in the community with persons who do not fall under the provisions of Paragraph 1 and if their co-ownership is more than one half, the property is subject to confiscation. However, persons not falling under Paragraph 1 shall be compensated for the same type and value as their share and, if not possible, in money.
National Recovery Funds.
Establishment and organisation of National Recovery Funds.
(1) The National Recovery Fund (hereinafter referred to as the Fund) is set up for the purpose of procuring the tasks related to the interim management of confiscated property and its division with each of the residency offices. The Fund shall be a separate legal entity. It is represented by the Financial Prosecutor, unless otherwise provided for in the Statute of the Fund (paragraph 7).
(2) The head of each Fund shall be the President appointed by the Government on a proposal from the Minister of the Interior after hearing the President of the Seating Office. The President shall represent the Fund externally. If he is busy, he shall be represented by the Vice-President of the Fund, who shall be appointed by the Government on a proposal from the President of the Fund and after hearing the President of the Seating Office.
(3) The National Recovery Fund is subject to the residence office in which it is established. The President of the Seating Office and its Deputy with the President and Vice-President of the Fund shall form a board which shall guide the activities of the competent Session Office and the Fund subject to it. The Council shall act by an absolute majority. With equal votes, the Central Commission for Internal Resettlement shall decide.
(4) The Fund's agenda shall be managed by the staff of the competent settlement office, subject to which they shall be subject to the President of the Fund.
(5) The basic funds of the Funds consist of advances from State resources, plus cash deposits and liquid claims confiscated under this decree and the gradually occurring remuneration for the assets allocated.
(6) Funds are exempt from fees and charges for official acts.
(7) The Statute of the Funds and the Rules of Procedure for them shall be issued by the Government by a regulation on a proposal from the Central Commission for Internal Seating.
Permanent Advisory Board and farm control.
(1) A Standing Advisory Council is hereby established for each Fund. The Permanent Advisory Board, set up at the FUND at the Housing Office in Prague, shall be sent to one representative of the Ministry of Interior, Finance, National Defence, Education and Education, Justice, Industry, Agriculture, Internal Trade, Transport, Labour and Social Welfare, Health and Nutrition, as well as the Economic Council. The members of the Standing Advisory Board set up at the FUND at the seat office in Bratislava are representatives of the relevant delegates of the Slovak National Council, as well as representatives of the Economic Council. The scope of the Standing Advisory Councils shall be adapted and their rules of procedure shall be issued by the Central Commission for Internal Resettlement.
(2) The management of the Funds is subject to control by the Ministry of Finance and the Supreme Accounting Audit Office. The Fund's measure, which will be objected to by a representative of the Ministry of Finance (in Slovakia by means of the delegate of the Slovak National Finance Council), must not be implemented until the discrepancy arising has been resolved by negotiations between the ministries concerned and, failing that, by government decision.
The scope of the Funds.
(1) In particular, the Funds are to:
1. identify all property confiscated under this decree. The Regional National Committees are required to make an inventory of all assets confiscated in their district under this decree and to submit this inventory to the competent regional office of residence and to the competent Fund. The documentation for the inventory shall be provided by local national committees. Any person holding, managing or custodial confiscated property shall be required to register it at the request of the District National Committee for the inventory and to take due care of it if the Fund or the public authority (s) responsible for it does not take other measures;
2. to take, if not, the necessary measures to secure, take over, preserve, maintain and manage this property in agreement with the relevant national committees and ministries. The Directive for these measures shall be issued by the Seating Office in agreement with the Fund. At the request of the Fund, the competent court shall record confiscation in public books and registers;
3. to write down and settle liabilities relating to confiscated property, in accordance with the directives issued by the Government by the Regulation; the State is not liable for liabilities which are not satisfied in such settlement;
4. the execution of the transfer of confiscated assets under the framework plans (§ 6 (1)) and final allocation decisions (§ 8 (6));
5. intermediaries to the allocation of credit according to directives issued by the Central Commission for Internal Resettlement.
(2) The Fund has the right to supervise the management of national administrators, to seek their appeal and to propose their provisions to the competent authorities.
The distribution of confiscated property.
Framework plans and allocation regulations.
(1) In agreement with the relevant ministries (Slovakia also with the relevant mandates of the Slovak National Council) and the Economic Council and after hearing the relevant economic associations (Slovakia, similar economic organisations) and the Central Council of Trade Unions (Slovakia), the Central Council of Trade Unions (Ustredia Sväzov) will draw up framework plans laying down in particular:
(a) how many small assets are to be allocated at each location and how to deal with the remaining ones;
(b) the medium-term assets to be allocated and how to deal with the remaining assets;
(c) how it is to be handled with industrial property and large assets.
(2) In accordance with the procedure referred to in the preceding paragraph, the occupying authorities shall prepare draft special allocation regulations according to the types of confiscated property to be allocated and shall lay down the characteristics by which the property will be distinguished into small, medium and large, the characteristics which the allocation of the property concerned must have, the remuneration directive and the method of payment of the property to be allocated, the conditions under which the property is to be allocated or may be withdrawn and how it is to be treated with the property. According to these documents, the government will issue individual allocation regulations. The implementation of these regulations shall be the responsibility of the occupancy office, which may carry them out gradually according to the areas and types of substance allocated.
(3) On the basis of the framework plans (paragraph 1) and the allocation regulations (paragraph 2), allocation and remuneration plans (paragraphs 10 to 12) shall be drawn up. It is for the Seating Office to examine whether the allocation and payment plans comply with these assumptions, in which case it shall approve them. Allocation, contrary to the framework plans or allocation regulations, shall be excluded from the allocation and payment plans by the settlement authority. If the plans of the settlement office are not approved in this respect, the competent authority may not proceed to the final approval or modification of the allocation and reimbursement plan.
(4) The allocation which is contrary to the framework plan, the individual allocation regulation or duly approved, after the modified allocation and remuneration plans (§ 10, par. 3, § 11, par. 3 and § 12 par. 3) is invalid. The Fund may, within six months of the receipt of the final decision on the allocation (§ 8 (6)), initiate the annulment of the invalid decision on the allocation by the supervisory authority and, if applicable, the Ministry's allocation decision, the Central Commission for Internal Resettlement.
Allocation control.
Authorized candidate.
(1) The assets confiscated under this decree are assigned (Paragraph 8) to the individual assets held by the eligible tenderers for payment.
(2) Property may be allocated to countries, districts, municipalities and other public-law corporations, in particular interest and cultural, cooperatives and other tenderers meeting the allocation conditions (§ 6 (2)).
(3) When allocating confiscated property, account shall be taken, in particular, of the participants of the national resistance and their surviving family members, of persons damaged by war, of national, racial or political persecution, of persons returning to the border which were forced to leave the country or of the country of abroad and of persons who, as a result of territorial changes, have transferred their residence to other territories of the Czechoslovak Republic. The preconditions of priority must be properly demonstrated.
Allocation decision.
(1) According to the authentic allocation plans (§ § 10 to 12), small assets are allocated by the district national committee, the central assets are allocated by the regional national committee (in Slovakia the competent authority of the Slovak National Council) and the industrial property and large assets are allocated by the relevant Ministry (in Slovakia in agreement with the relevant delegate of the Slovak National Council).
(2) The allocation decision shall state:
(a) from which the assigned property remains,
(b) what other rights and authorisations are associated with the allocation;
(c) which commitments the allocation takes over;
(d) the date on which the assigned property is surrendered;
(e) the amount of the remuneration (taking-over price) and the way in which it is paid;
(f) any restrictions on the allocation or other conditions imposed on it.
(3) The allocation shall not be liable for commitments affecting the assets allocated to it if it has not taken over under the allocation decision.
(4) An appeal to the Regional National Committee (Slovakia, the competent authority of the Slovak National Council) is for the applicant who is considered to be damaged by the decision of the District National Committee on Allocation. The National Committee of the Land (the competent authority of the Slovak National Council) shall decide on the appeal definitively.
(5) The applicant, who is considered to be damaged by the decision of the Regional National Committee (competent authority of the Slovak National Council) on the allocation, is entitled to appeal to the competent Ministry.
(6) The authority which has decided on the allocation will send a final decision on the allocation to the competent Fund, which will make the transfer of the allocated assets.
Allocation committee.
(1) The local national committee, in the district of which the property is confiscated, shall publicly invite interested persons to submit applications in the ordinary place and by decree in the register of the occupants. Applications shall be submitted to the local national committee. Of those tenderers meeting the allocation conditions (Section 6, paragraph 2), as well as of the members of the local national committee who are not candidates, the local national committee shall appoint a local allocation committee by at least 3 and a maximum of 10 members so that the majority are not candidates for allocation. Membership in local ration boards is honorable. The local national committee may withdraw the members of the committee at any time. The chairman of the local allocation committee shall be elected by the local national committee from among its members. In municipalities with more than 10 000 inhabitants, the local national committee also appoints representatives of economic associations (similar economic organisations in Slovakia) and the Central Council of Trade Unions (in Slovakia, the Ustredia of Trade Unions) as members of the local allocation committee. If a member has been withdrawn or has been dismissed for another reason, the new member shall be named from the interest group from which the member to be replaced came out. In the gradual implementation of the allocation regulation (§ 6 (2), last sentence), different allocation committees may be appointed for each type of property.
(2) The District National Committee, in the district of which the property is confiscated, will publicly invite interested persons to submit applications by means of a decree in the county. Applications are submitted to the District National Committee. Of those applicants meeting the allocation conditions (§ 6, par. 2), and of representatives of the district national committee, economic unions (in Slovakia similar economic organisations) and the Central Council of Trade Unions (in Slovakia the Central Council of Trade Unions), the Regional National Committee shall appoint a regional allocation committee, not more than 10 members, so that the majority are not candidates for allocations. The provisions on members of the local allocation committee shall apply mutatis mutandis to members of the district allocation committee. The chairman of the district allocation committee shall be elected by the district national committee from among its members.
(3) The appointment of members of the local allocation committee will be reviewed and confirmed by the district national committee, the appointment of members of the district allocation committee will be reviewed and confirmed by the regional national committee (in Slovakia the competent authority of the Slovak national council).
(4) The composition, organisation and activity of local and regional allocation committees will be further adapted and the rules of procedure established for them by the Seating Office.
Allocation plans for small assets.
(1) The local allocation committee shall draw up an allocation plan for small assets intended for allocation in the district of the local national committee with a proposal for reimbursement required for the allocated assets. The plan shall be published for a public consultation at the local national committee for 15 days and shall also draw attention to the publication of an order issued during that period on its official record and, at the latest, published on the first day of unloading, in the press and in the register of the occupancy office, with a notice of objections. Every Czechoslovak national, over 18 years old, has the right to submit an objection to this allocation plan within 15 days of the last day of landing at the local allocation committee. After the expiry of the period for opposition, the local allocation committee shall submit an allocation plan with a proposal for reimbursement and any objections received with its comments to the county allocation committee for review. It shall also send a copy of the allocation plan and the application for reimbursement to the settlement office (§ 6 (3)), the tax administration and the district national committee (§ 2).
(2) The Regional Allocation Committee will examine the allocation plans and proposals submitted to it, taking into account the objections raised. It shall request an opinion on the adequacy of the remuneration in the plans proposed by the tax administration and the technical and price authorities of the relevant district national committee and shall inform them when the individual allocation plan will be negotiated in order to allow them to take part in the negotiations.
(3) The allocation and reimbursement plan for small assets is the basis for the allocation as soon as the district allocation committee has been approved, in the light of the opinion of the occupancy office (§ 6 (3)), if modified.
Allocation plans for medium assets.
(1) The Regional Allocation Board shall draw up an allocation plan for medium-term assets intended for allocation in the district of the District National Committee with a proposal for reimbursement required for the assets allocated. The plan shall state for public consultation at the District National Committee for 15 days at the same time as it shall draw attention to the publication of an order on its official record and, at the latest, to the first day of unloading, in the press and in the register of the occupancy office, with a statement of objections. Every Czechoslovak national, over 18 years old, has the right to submit an objection to this allocation plan within 15 days of the last day of landing at the Regional Allocation Commission. After the expiry of the period for opposition, the Regional Allocation Commission shall submit an allocation plan with a proposal for reimbursement and any objections received with its comments to the Regional National Committee (Slovak National Council) for review. It shall also send a copy of the allocation plan and the application for reimbursement to the settlement office (§ 6 (3)), the tax administration and the district national committee (§ 2).
(2) The Regional National Committee (in Slovakia, the competent authority of the Slovak National Council) will request an opinion on the adequacy of the remuneration in the plans proposed by the tax administration and the technical and price authorities of the relevant national committee and will inform them when the individual allocation plan will be negotiated so that they can take part in this meeting. It shall examine the allocation plans submitted and the proposals for reimbursement, taking into account the objections raised and the observations made by the national committees of the national councils and the technical authorities of the county, in which the plans may be amended, if important public interests, in particular national ones, so require.
(3) The allocation and payment plan for medium-term assets is the basis for the allocation as soon as the competent authority of the Slovak National Council (Slovakia) has been approved by the Land National Committee, taking into account the opinion of the occupancy office (§ 6 (3)), if modified.
Allocation plans for industrial property and large assets.
(1) The Regional National Committee (in Slovakia, the competent authority of the Slovak National Council) shall draw up an allocation plan for the industrial property and large assets intended for allocation in its district, with a proposal for reimbursement required for the allocated assets. The plans are published in the Journal of the Residency Office. Every Czechoslovak national, over 18 years old, has the right to object to this allocation plan and the proposal for reimbursement within 15 days of publication of the plan. On expiry of the period of opposition, the Regional National Committee (in Slovakia, the competent authority of the Slovak National Council) shall submit an allocation plan with a proposal for reimbursement and a statement of objections to it to the competent Ministry for review. It will also send a copy of the allocation plan and the proposal for reimbursement to the settlement office (§ 6, paragraph 3), the Ministry of Finance, the Ministry of Transport (paragraph 2) and the highest price office.
(2) The Ministry (in Slovakia, in agreement with the competent authority of the Slovak National Council) will review the allocation plan submitted and the proposal for reimbursement, taking into account the objections raised and the observations made by the Ministry of Finance and Transport (Public Technical Administration) and the highest price authority, which will apply for the application for reimbursement.
(3) The allocation and reimbursement plan for industrial property and large assets is the basis for the allocation as soon as the Ministry (in Slovakia, in agreement with the relevant authority of the Slovak National Council) has been approved by the Ministry (in agreement with the competent authority of the Slovak National Council) having regard to the opinion of the Seating Office (§ 6 (3)), after being amended.
Handling assigned property.
Extradition, lease, smuggle or burden the assets allocated pursuant to Paragraph 8 may be carried out only after a period specified by the individual allocation regulations. Within this period, this can only be done with the permission of the Fund.
Payment of the acceptance price and its use.
(1) Reimbursement (acceptance price) shall be paid by the allocation to the Fund concerned in accordance with the allocation decision. The statement of arrears of remuneration issued by the Fund shall be enforceable by administrative or judicial execution.
(2) This remuneration should be used to pay the liabilities belonging to the confiscated assets, provided that the settlement (Section 5 (1), (3)) is recognised and the allocation is not taken over, and the remainder is paid to the Treasury for binding purposes.
Provisions common and final.
Driving ahead of the Funds.
Government Regulation No. 8 / 1928 Coll.
The transition of real estate and library rights to state.
The transfer of real estate and library rights, which will not be allocated to other persons, to the Czechoslovak State, shall be registered by the library courts in public books on the proposal of the relevant Fund and, as regards the assets referred to in § 18, on a proposal from the Ministry of Health referring to this decree.
The ratio to agricultural property.
This decree does not apply to agricultural property if it is confiscated according to the decree of the President of the Republic of 21 June 1945, No 12 Coll., on confiscation and accelerated distribution of agricultural property of Germans, Hungarians, as well as traitors and enemies of the Czech and Slovak people, and similar regulations in force in Slovakia.
Relation to property of spa, healing and nursing institutions.
(1) The provisions of Parts II and III do not apply:
1. to medical and nursing institutions;
2. to the following spa property:
(a) real estate with natural or mineral waters, medicinal gases and emanation or with deposits of medicinal mud, bacon, peat or other earths;
(b) real estate, undertakings and equipment which serve or are needed for the use of natural medical resources or mineral waters;
(c) spa treatment facilities;
(d) spa accommodation, which mainly serves or is intended for treating guests or is part of spa treatment facilities;
(e) the ancillary undertakings of those establishments and undertakings referred to in points (b) to (d);
(f) all the accessories of the undertakings and establishments referred to in (b) to (e) and all the assets used for their operation.
(2) The Minister for Health (in Slovakia, in agreement with the delegate of the Slovak National Council) shall determine which property is covered by paragraph 1.
(3) As regards the property referred to in paragraph 1, it shall lay down specific provisions.
Criminal provisions.
(1) Anyone who knowingly infringes certain provisions of this decree or regulation issued under it, or who commits an offence which is capable of interfering with confiscation or the proper allocation of confiscated property, shall be punished - without prejudice to judicial proceedings - by the District National Committee on Offences, by a fine of up to 1 million CZK or by imprisonment up to one year or both. In the event of non-availability of the fine, either a replacement prison sentence shall be imposed according to the rate of guilt within 1 year.
(2) The transfers referred to in paragraph 1 shall be limited in 3 years.
Cooperation between public authorities and authorities.
All public authorities and authorities are obliged to cooperate with the National Recovery Funds and to support them effectively in the performance of their tasks.
This Decision shall take effect on the day of its publication; it shall be carried out by all members of the Government.
Dr Beneš v. r.
Fierlinger v. r.
David v. r.
Gottwald v. r.
Broad v. r.
Dr Šrámek v. r.
Ursines v. r.
Masaryk v. r.
Gen. Svoboda v. r.
Dr. Ripka v. r.
Nosek v. r.
Dr. Šrobár v. r.
Dr. Unedible v. r.
Dr Stránská v. r.
Kopecký v. r.
Laušman v. r.
Děuriš v. r.
Dr Pietor v. r.
Gen. Hasal v. r.
Hala v. r.
Dr Šoltész v. r. o.
Dr Procházka v. r.
Majer v. r.
Dr Clementis v. r.
Lt-Gen Ferjenčík v. r.
Lichner v. r.
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Regulation Information
| Citation | Decree No. 108 / 1945 Coll., on confiscation of enemy property and National Recovery Funds |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.10.1945 |
|---|---|
| Effective from | 30.10.1945 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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