Act No. 127 / 1947 Coll.
Law amending the regulations on the deposit of money by court protectors
Valid
Effective from 19.07.1947
127.
Law
of 25 June 1947
amending the regulations on the deposit of money by judicial protectors.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
Paragraph 194 of the Law on legal proceedings in undisputed matters (Law on uncontested proceedings) is amended and read as follows:
"(1) Acceptable ways of depositing money from officers for benefit are: purchase of real estate, granting a loan with legal security on real estate, purchase of bonds of internal government debt or domestic securities issued to them under special legislation on a par with the deposit of money from officers and deposits with domestic money institutions authorised to receive deposits on books (deposit certificates).
(2) At the request of the guardian, the court may, at its discretion, allow other means of depositing the guardian's money. However, the authorisation must be withdrawn if the intended method of imposition would be contrary to the principles of economic and safe management of the assets, as the case may be. '
Paragraph 295 of Article XX / 1877, on the regulation of the custody and custody cases, as amended by Article 13 of Articles VI / 1885 and Section 10, No 2 of the Law of 20 December 1922, No 391 Coll., is amended as follows:
"(1) Prípadné spôsoby uloženia peňází poračencov na úžitok sú: zakúpení nehhoteľnosti, podatie pôžičky pri zánovnom zaistení na nehnuteľnostiach (odsek 3), zakúpenie dllapisov vnúharné štátneho dlhu alebo iných domestic valuy papierov staveného im podľa personných lawnych predpisov na akočo do ukladania peňází poručencov a uženie na vdných (vých listu).
(2) On the proposal of the guardian of the súd môže podľa svojho uvaženia svoliť aj na iné spôsoby uloženia peňazi poračenca. Svolenie treba alas dooprieť, ak by purposnáné spôsoba uloženia bol podľa circumstances case v rozpodre so principles economical and safe administration imania.
(3) Pri podporu pôžičky zaistenie na nehnuteľnostiach je legalen vtek, ak zatajženie zatástími zastím, together with the eventual predchadzajúcimi tíarchou nepresahuje pri domich podícu a pri zalokoch dve tretiny ich skutočnej ceny.
(4) Ustanostania odsekov 1 to 3 platia primerane aj o deposit peňazí serviancov. '
(1) A cash institution which is not a national undertaking or for whose deposits the full and irrevocable liability has not been assumed by the State, country, district or municipality shall be obliged to pay the bailiff, deposited with him as a deposit, at the request of the court at one of the places referred to in paragraph 2, in the amount of the deposit of an internal government debt bond or domestic securities issued to them in accordance with special legislation on the equivalent of the deposit of the money of the bailiffs.
(2) Securities may be lodged with postal savings banks, with a Landesmoney institution or with a place to be determined by the authority whose review is subject to the applicable rules or by the Ministry of Finance. Securities thus composed shall be exempt from the deposit fee.
(3) The Institute of Cash shall, within an insolvent period of one month of receipt of the invitation to the Court of Justice, submit a certificate to the competent review body or place designated by the Ministry of Finance to that effect, stating that this obligation has been fulfilled.
(4) The value of the securities lodged shall be calculated on the basis of their official record on the date on which they were lodged and, failing that, the official record closest to the previous.
(1) If the certificate referred to in Article 3 (3) has not been submitted in due time, the court shall take care of another deposit.
(2) Supervision of the proper fulfilment of the obligations imposed on the monetary institutions in Section 3 also belongs to the competent review bodies.
(3) Notice of infringement § 3 is to be made to the Ministry of Finance (§ 6, par. 3).
The certificate provided for in Article 3 and the filing of legal representatives or monetary institutions in respect of the deposit of money by judicial protectors shall be exempt from the fees.
(1) The infringement of the obligations imposed in § 3 punishes, unless the offence is more strictly criminal, the District National Committee as an administrative offence by a fine of up to 50 000 CZK; in the event of non-availability of the fine, a replacement prison sentence shall also be determined according to the rate of guilt within 6 months.
(2) If an obligation imposed by a legal person in § 3 is infringed, the persons to whom the body which is legally called upon to represent it shall be liable in a criminal manner, provided that they do not prove that they are not prosecuted by fault.
(3) Defeats are only being prosecuted on a proposal from the Treasury. The motion may be withdrawn until the declaration of the finding.
(4) Agreements which transfer the payment of fines in whole or in part to another person are not legally effective.
As calculated by the value of the composite securities (§ 3 (4)) for the period of the limit set out in § 19 of the Decree of 20 October 1945 of the President of the Republic, No 95 Coll., on the deposit and other cash claims of monetary institutions, as well as life insurance and securities, the Minister of Finance shall prescribe a decree published in the Official Journal of the Republic of Czechoslovakia.
The Government Order of 25 June 1925, No 154 Coll., implementing Article 10 of the Law of 20 December 1922, No 391 Coll., amending certain provisions on departmental and custody, the Government Order of 7 February 1929, No 16 Coll., which further implements Article 10 of the Law of 20 December 1922, No 391 Coll., and the provisions of Section 202, paragraph 2 of the Law on non-contested proceedings are hereby repealed.
The provision of Paragraph 1 does not alter the deposit of cash by the protectors in the orphanage. Paragraph 1 (2) of the Act of 16 October 1946, No. 193 Coll., on the modification of certain ratios of orphan treasuries, remains without prejudice.
This Act shall take effect on the day of its publication; It shall be implemented by the Minister of Justice in agreement with the Minister of Finance.
Dr Beneš v. r.
Gottwald v. r.
Dr Drtina v. r.
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Regulation Information
| Citation | Act No. 127 / 1947 Coll., amending the regulations on the deposit of money of court protectors |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.07.1947 |
|---|---|
| Effective from | 19.07.1947 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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