Decree No. 127 / 1961 Coll.
Decree of the Ministry of Finance on the national settlement of certain claims under Act No. 100 / 1961 Coll., concerning the People's Republic of Romania
Valid
Effective from 23.11.1961
127
DECLARATION
Ministry of Finance
of 30 October 1961
on the national settlement of certain claims under Act No. 100 / 1961 Coll., concerning the People's Republic of Romania
The Ministry of Finance provides pursuant to Section 5 of Act No. 100 / 1961 Coll., on the modification of certain claims and obligations between Czechoslovak and Romanian persons, and on the basis of principles established by the Government:
(1) To the extent and under the conditions laid down in this Decree, compensation shall be granted for Czechoslovak property (whether real or movable) in the People's Republic of Romania which was affected by Romanian measures nationalising or expropriating or other legal measures withdrawing or restricting property rights until 3 August 1960.
(2) Czechoslovak property (paragraph 1) means property owned on the date of that measure by natural persons who were Czechoslovak nationals on that day and who or whose legal successors were Czechoslovak nationals on 3 August 1960.
(3) Reimbursement shall be granted only for property (paragraph 1), if it has the nature of private or private ownership,
(a) a family house,
(b) economic buildings, land, a live and dead inventory of former small farmers in the People's Republic of Romania, but only to those now running as members of single agricultural cooperatives or as independent small or medium-sized farmers;
(c) land built by the family house but not more than 800 m2 and for land built by economic buildings (point (b));
(d) buildings and equipment which served the operation of a small business.
(4) However, no refund shall be granted for such property if no refund is granted in the Czechoslovak Socialist Republic in a similar measure to that in the Romanian People's Republic.
Reimbursement shall be granted only to the natural persons referred to in Paragraph 1 (2) or to their heirs if such persons (their heirs) were resident in the territory of the Czechoslovak Socialist Republic on 28 September 1961; However, no compensation shall be granted to heirs under the law who are not part of the group of persons referred to in § § 526 to 532.
The condition for entitlement to compensation (§ § § 1 and § 2) is also that an application has been submitted in due time according to Decree No. 126 / 1961 Coll.
The basis for calculating the refund is the information provided in the applications (Section 3), which is examined according to the applicable price and other rules.
For agricultural land, only in the soil shall be reimbursed to the applicant, to the extent that the area of his own land and the land managed by him in the territory of the People's Republic of Romania, provided that such land does not exceed the area of his own land which he has brought to the single agricultural cooperative or is self-employed in the country; However, the refund may not exceed 13 hectares.
Where the applicant has received a national real estate allocation (including agricultural land) in accordance with the relevant rules, account shall be taken of whether the compensation has already been partially or fully compensated by the allocation.
(1) The compensation shall be reduced by the burdens and debts on the property for which the compensation is granted.
(2) From the refund granted, before its payment (Section 9), the commitments entered into by the applicant against the Romanian State shall be deducted from Romanian legal persons whose rights have been transferred to the Czechoslovak State. *)
It is for the Ministry of Finance to decide on compensation; on the procedure is governed by Decree No. 91 / 1960 Coll., on administrative proceedings.
The rules on the acquisition of property from private individuals by socialist sector organisations apply mutatis mutandis to the way in which compensation is paid and to the payment and release. * *)
This decree shall take effect on the day of its publication.
First Deputy Minister:
Succharda v. r.
*) § 2 (1) of Act No. 100 / 1961 Coll.
* *) Decree No. 206 / 1958 Ú. l.
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Regulation Information
| Citation | Decree of the Ministry of Finance No. 127 / 1961 Coll., on the national settlement of certain claims under Act No. 100 / 1961 Coll., concerning the People's Republic of Romania |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.11.1961 |
|---|---|
| Effective from | 23.11.1961 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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