Regulation No. 12 / 1953 Coll.
Regulation on the scope and conditions for the execution of claims on supplies of agricultural products to the State
Valid
Effective from 01.03.1953
12.
Order of the Minister of Justice
of 21 February 1953
the extent and conditions of admissibility of the execution of claims on supplies of agricultural products to the State.
In an agreement with the Minister for Buying and the Minister for Agriculture pursuant to § 530 (3) of Act No. 142 / 1950 Coll., on Civil Procedure (Civil Code) as amended by Article I (83) of Act No. 68 / 1952 Coll., amending and supplementing the Civil Code:
(1) Enforcement against single agricultural cooperatives against their claims on the compulsory supply of agricultural products by the State is admissible only if they are known to recover
(a) State and socialist legal persons,
(b) members of such cooperatives and their heirs;
(c) employment contracts and damages.
(2) Where an authorisation for execution is proposed against a single agricultural cooperative by confiscation of the claim referred to in paragraph 1, the court may authorise execution only if the competent district national committee has indicated that the claim may be affected by the execution and only to the extent indicated by it and not exceeding one fifth of the claim. The Court of First Instance shall invite the District National Committee to comment within 30 days; If it does not express itself, the execution may be permitted and continued with the restriction that the confiscation will be carried out up to one fifth of the debtor's claim (§ 438 of the Civil Code, § 1 of the Law No. 176 / 1950 Coll., on the manner and extent of execution against cooperatives and other legal persons).
(1) Enforcement against farmers in respect of their claims on compulsory supplies of agricultural products to the State is admissible only if they are aware of the recovery
(a) to meet personal needs;
(b) State and socialist legal persons;
(c) exchange, employment contracts and compensation.
(2) The confiscation for the benefit of the claims referred to in paragraph 1 shall take place only up to one fifth of the debtor's claim; the court may, on application by the creditor, after hearing the debtor, decide to confiscate another part of the claim up to a further fifth if this is necessary in view of the nature of the debt recovered and if this is possible in view of the economic and social circumstances of the debtor.
Claims relating to the payment of personal needs shall be paid before other claims without regard to the period of seizure. If several such claims are confiscated and a claim for payment is not sufficient, they shall be paid according to the ratio of the normal payment of personal needs.
(1) Once the confiscation is made, all claims of the debtor on his supply of agricultural products made against the sub-debtor (the ransom point) in the current calendar year shall be payable after the delivery of the confiscation order to the sub-debtor.
(2) In the execution of the returnees (Section 150 (2) of the Civil Code), the confiscation effected shall apply once with the restriction resulting from paragraph 1 and for benefits which will become due in the future.
(1) The order to confiscate the claim on the supply of agricultural products, as well as any order to be delivered to the subdebtor, shall also be delivered to the State savings bank, if the debtor is the farmer or the branch of the State Bank of Czechoslovakia, if the debtor is the single agricultural cooperative; the jurisdiction of the monetary institution shall be governed by the location of the debtor's agricultural establishment. Paragraph 537 (2) of the Civil Code is without prejudice to this.
(2) Once a confiscation order has been delivered to the sub-debtor, the sub-debtor may only pay the supply claims in the current calendar year through the monetary institutions referred to in paragraph 1, unless the reason for the confiscation of further partial payments has ceased before the end of the calendar year.
(3) Confiscated claims are paid to the creditor by the monetary institution for the debtor (paragraph 1).
Paragraph 1 to 5 applies mutatis mutandis to provisional measures.
This Regulation shall enter into force on 1 March 1953.
Zaporocký v. r.
Dr Rais v. r.
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Regulation Information
| Citation | Regulation No. 12 / 1953 Coll., on the scope and conditions of the execution of claims on supplies of agricultural products to the State |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.02.1953 |
|---|---|
| Effective from | 01.03.1953 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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