Act No. 126 / 1947 Coll.
Law on procedural measures in court proceedings for claims arising from contracts concluded at a time of non-freedom in connection with war supplies
Valid
Effective from 26.07.1947
126.
Law
of 25 June 1947
on procedural measures in court proceedings for claims under contracts concluded at a time of infreedom in connection with war supplies.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
(1) In the legal proceedings concerning claims under a contract concluded at the time of the absence of liberty, the court shall, on application by the defendant party, suspend the proceedings in each of its periods if the defendant submits a declaration in the case-law of the competent Ministry, in Slovakia a declaration of the delegation of the delegation of powers issued in accordance with the directives of the competent Ministry, or the authority to which the latter has transferred that competence by decree in the Official Gazette, that it is a claim under a contract concluded at the time of non-freedom in connection with war supplies and that important reasons (§ 2, paragraph 1) require that the claim be temporarily enforced on the defendant.
(2) In the execution procedure for the claims referred to in paragraph 1, the court shall defer execution on application by the obligor if the obligor submits the declaration referred to in paragraph 1.
(3) The application referred to in paragraph 1 or 2 may not be granted if the plaintiff (s) certifies that the suspension of the procedure (suspension of execution) would jeopardise the nutrition of his or her or the persons required to feed under the law, or that it would endanger his or her small enterprise, normally operated with a maximum of five employees.
(4) The measures provided for in the Rules of Procedure shall be inadmissible following the interruption of the procedure (paragraph 1) and the suspension (paragraph 2); the measures provided for in Article 223 (1) and Article 237 et seq. Such measures previously authorised shall be annulled by the court on application; This provision does not apply to a declaration pursuant to § 382, § 5 ex. or to a measure pursuant to § 237 (d) ex. zákák.
(5) No further appeal shall be admissible against the decisions of the Court of First Instance on the second storehouse in cases referred to in the preceding paragraphs.
(1) The declaration referred to in Article 1 (1) or (2) may be issued,
(a) if it is in the public interest that the claim is not temporarily enforced; or
(b) if the applicant is not able to satisfy his or her claims arising from contracts concluded at a time of non-freedom in connection with the supply of war at least at the level of his or her obligations of the same kind, and if he or she were to satisfy the claim at issue in § 1, paragraph 1 or 2 in serious economic distress.
(2) Before issuing a declaration pursuant to § 1, paragraph 1 or 2, the highest economic organisation shall be heard.
Before interrupting the proceedings, the court shall produce evidence which it considers to be relevant in the state of the case if it is concerned that the means of accompanying the proceedings may otherwise be lost or its use prevented.
(1) The Court of First Instance shall order the continuation of an suspended or suspended procedure if the defendant (s) so requests; on a proposal from the plaintiff, a court shall do so,
(a) if the declaration referred to in § 1, § 1 or § 2 has been withdrawn; or
(b) if the plaintiff (s) certifies that, in respect of the circumstances arising after the interruption or postponement of proceedings, the defendant (s) has acted without fault in circumstances in which, pursuant to Paragraph 1 (3), the proceedings could not be suspended or postponed.
(2) In particular, the declaration shall be withdrawn when the question of compensation for losses from war supplies has finally been modified.
Until the expiry of the time limit for which there is legal damage, the period during which the creditor could not exercise his rights under this law may not be counted.
The suspension or postponement of the procedure provided for in Section 1 shall not be allowed if the rights arising from the contract are covered by the contract.
This Act shall take effect on the seventh day following its publication; It shall be implemented by the Minister of Justice in agreement with the Ministers involved.
Dr Beneš v. r.
Gottwald v. r.
Dr Drtina v. r.
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Regulation Information
| Citation | Law No. 126 / 1947 Coll., on procedural measures in court proceedings for claims arising from contracts concluded during the period of infreedom in connection with war supplies |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.07.1947 |
|---|---|
| Effective from | 26.07.1947 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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