Act No. 128 / 1946 Coll.
Law on the nullity of certain property-law acts from the period of non-freedom and on claims from such nullity and other interference in property arising
Valid
Effective from 17.06.1946
128.
Law
of 16 May 1946
on the nullity of certain property-law negotiations from the period of non-freedom and the claims of such nullity and other interference in the assets arising.
The Provisional National Assembly of the Czechoslovak Republic decided on the following Act:
Invalidity of property transfers and other property-law negotiations from the period of infreedom.
Any property transfers and any property transfers, whether relating to movable or immovable property, public or private, shall be invalid if they have taken place after 29 September 1938 under the pressure of occupation or national, racial or political persecution, unless the person to whom the property has been transferred or who has concluded other property-law negotiations is a person of statewide reliability and it will be demonstrated that the property transfer or other property-law has taken place at reasonable remuneration either on the initiative of the original owner (entitled) or in the overriding interest of the owner.
The legal consequences of some other interference in property.
The same claims as those of property transfers which are invalid pursuant to Article 1 shall be based on transfers of property made after 29 September 1938 by a law which is not valid (Paragraph 15) or in any way, in particular by an official statement, on the basis of such a regulation or otherwise by a judicial or official statement which shall be cancelled or amended as an opinion of the period of imprisonment. This shall apply mutatis mutandis to any other interference in the property carried out by, or on the basis of, such invalid provisions or such judicial or official statements.
Definition of entitlements and their content.
If claims are further established, this means claims that arise under § § 1 and § 2 of this Act.
(1) It is for those who have lost their case (s) or who have been harmed by other invalid legal acts or by their successors in title by an invalid transfer; the claim cannot be claimed on behalf of him whose residence is unknown, but only if he knows the residence of at least one heir. However, if the entitled person would be statewide unreliable, the State's claim as a property confiscated under the Decree of 25 October 1945 of the President of the Republic, No. 108 Coll., is to confiscate enemy assets and National Recovery Funds. Where a claim is made by a national administration established in enterprises (establishments) and other property assets under the decree of the President of the Republic of 19 May 1945, no. 5 Coll., on the nullity of certain property-law negotiations from the period of non-freedom and on the national management of the property values of Germans, Hungarians, traitors and collaborators and certain organisations and institutes, in Slovakia under the Decree of the Slovak National Council of 5 June 1945, no. 50 Coll. SNR, on the national administration, it is regarded as a person of national reliability.
(2) The claim is directed against the person who has acquired the cases (rights) by an invalid transfer, or who has benefited from another invalid legal act, or against their successors in law, if the successor in title, who is not a person of statehood unreliable, does not prove that he did not know or had to know that the property transfer or other property-law from which the claim is derived was under the pressure of occupation or national, racial or political persecution. Where a claim is directed at the same time against several persons, in particular those in the previous sentence who are first bound and their successors in title, all hands shall be held jointly and severally.
(1) The following are understood as State-unreliable persons in this law:
1. The German Empire, the Kingdom of Hungary, persons governed by public law under German or Hungarian law, the German Party of Nazi, fascist parties of Hungary and other departments, organisation, undertakings, equipment, personal associations, funds and special-purpose assets of these regimes, as well as other German or Hungarian legal persons;
2. persons of the physical nationality of German or Hungarian, with the exception of persons who prove that they have remained faithful to the Czechoslovak Republic, have never been guilty against the Czech and Slovak peoples and have either actively participated in the fight for their liberation or suffered under Nazi or fascist terror;
3. physical persons who have pursued activities against the sovereignty, independence, integrity, democratic-Republican state form, security and defence of the Czechoslovak Republic, who have sought such activities or other persons of their own accord, deliberately supported in any way the German or Hungarian occupants, or who, at the time of the increased threat to the Republic (§ 18 of the Decree of 19 June 1945 of the President of the Republic, No 16 of the Coll., on the punishment of Nazi criminals, traitors and their smugglers, and on extraordinary people's courts), have maintained a germanslaughter or madritism in the territory of the Czechoslovak Republic, or on the Czech or Slovak people who have suffered such activity in persons managing their property or business.
(2) The provisions of paragraph 1, No 3, shall also apply to legal persons where they are members or shareholders of their assets or of an undertaking (capital participants) may be blamed on the procedure of the body representing the legal person or where such persons have neglected reasonable caution in their choice and supervision.
(3) If a physical or legal person falls under the provisions of the preceding paragraphs, the authority responsible pursuant to § 1 (4) of Decree No. 108 / 1945 Coll.
(1) The claim is for the recovery of a case (s) or for any other return to the previous situation and, if this is not possible or if the person to whom the claim is due has no interest in the recovery of a case (s) or any other return to the previous situation, a cash refund equal to the general price. Repayment of a case (right) or other return to a previous situation is considered not to be possible even if important public interests are threatened. If the Ministry of Justice, in agreement with the Ministry of Justice, in Slovakia, also in agreement with the relevant delegates, declares that important public interests would be threatened, the parties and the court are bound by this.
(2) In cases of special consideration, a cash refund may also be granted if the matters against whom the claim is directed are returned which the person necessarily needs for himself, his family and his household, and without which the person to whom the claim is due can well be circumvented.
(3) This applies in particular to the return of agricultural property (Section 4 of 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, Section 2 of the Slovak National Council Decree of 23 August 1945, No. 104 Coll. of SNR, on confiscation and accelerated distribution of agricultural property of Germans, Hungarians, as well as traitors and enemies of the Slovak people), provided that there are in total less than 15 hectares of agricultural land left to whom the claim is against, and
1. the person against whom the claim is directed shall submit a certificate of national reliability - in Slovakia, a certificate of national authority, confirmed by the Regional National Committee, that he did not express himself for Nazism or fascism, nor was he an official of Nazi or fascist organisations, nor worked eagerly in such organisations or organisations as the Nazi or fascist regime, and that he was not otherwise guilty against the interests of the Czechoslovak Republic and the Czech and Slovak peoples, or that the confirmation by the local national committee of the fact that he himself, as an executive farmer on the land, was mainly referred to agriculture, was less than 15 ha, or that the total area of his agricultural land, would be retained by him in return of the amount of the required property, and
2. The beneficiary is not an executive farmer who manages the land returned.
(4) With regard to what cannot be recovered, to the fruits of the fruit of the fruits of the fruit and the neglected and the increase, as well as to the costs of the matter and the compensation of the damage caused by the deterioration of the case (s), the provisions of civil law concerning an unrighteous holder apply to the person against whom the claim is directed. However, if the person himself was forced to participate in an invalid property transfer or other property legal proceedings, or if he was able to give him credit for saving the case (law) from forfeiture, destruction or material deterioration, he shall not be liable for any benefit and shall be judged in respect of compensation and the cost of the matter as an honest holder.
(5) The payment of cash compensation which, pursuant to the preceding paragraphs, obliges the person against whom the claim is directed may be deferred for a reasonable period of time, in view of the social and property conditions of the parties, or may be authorised to pay in instalments, in particular where the person liable for the refund provides reasonable assurance.
(1) Those who exercise the right are obliged to return all that has been received from an invalid asset transfer or from another invalid property-legal act and, if they cannot return it well, to give adequate compensation; in so doing, as regards the recovery of a particular case, it shall be considered as an honest holder. If you return, you can reduce the claims resulting from § 6.
(2) Paragraph 6 (4) shall apply mutatis mutandis to the fulfilment of what should be recovered under paragraph 1.
(3) If the person against whom the claim is directed has itself been pressured to make a transfer of property or other property-based legal proceedings take place, or to act together in any way in such coercion, or to try to thwart the claim, that which should be returned to the State under paragraph 1 shall be the equivalent of the President of the Republic Decree 108 / 1945 Coll.
Limitation of entitlement.
Entitlement shall be barred in three years from the date on which this law takes effect, but if it is a claim arising from the annulment or amendment of a judicial or official statement (§ 2), in three years from the legal authority of the decision which has annulled or amended the judicial or official opinion.
Claiming a claim against the national administration.
The claim for repayment of the property which should be recovered pursuant to Article 24 of Decree-President No. 5 / 1945 Coll., may not be invoked against the national administration established for such property unless the authority which introduced the national administration rejects the claim for repayment of the property in whole or in part or where the decision on such an application has not been delivered to the applicant within three months of the date on which the application was lodged.
How to claim.
(1) The decision on entitlement shall be the jurisdiction of the district court with which the person against whom the claim is directed shall have its general court or, at the choice of the competent district court, within whose jurisdiction the case is referred.
(2) Save as otherwise provided in this law, the provisions of the legal proceedings shall apply.
(1) The Court of First Instance should, as a general rule, treat the parties orally and act in order to be fair. The consent of the relevant National Recovery Fund shall be required for the effectiveness of both the judicial and out-of-court agreements.
(2) The Court of First Instance may order provisional measures which it considers necessary or appropriate to take account of the claim claimed. it may, in particular, entrust the holder of the movable property or place him in possession of the immovable property in question. There is no separate appeal against the decision on provisional measures; However, the court may at any time, on application or from an official authority, revoke them.
(3) The principles of the management of the contested measure apply to the costs.
At the request of the creditor, the court shall order the application to be noted in the library inserts in which registration is required to be carried out. A decision on a claim issued shall also have effect against persons who, after a comment, have acquired library rights in respect of cases or rights which are the subject of a claim.
The relation to the dispute initiated.
If the claim has been applied before the application of this law, the order of law and the procedure in the first chair has not yet been completed, the court shall, by its own authority, transfer the case to the proceedings of the indisputable and, if it is not itself competent, turn it over, hear the applicant, the court competent pursuant to Paragraph 10. The costs of the contested proceedings are then part of the further non-contested proceedings.
Exemption from charges.
Legal acts, documents and library submissions and entries governing the legal situation between participants under this law are exempt even if they occurred before the date on which the law takes effect. However, if the case has been refunded or the refund has been granted to the legal successor of the original owner or the injured party, the fee or, where applicable, the enrichment tax shall be charged as if the case or refund had gone directly with the original owner (s) directly to his legal successor by legal action between the living or in the event of death.
Final provisions.
(1) Inapplicable legislation in § 2 refers to provisions which, contrary to the Czechoslovak Constitution, have implemented or have allowed interference in the assets of the Czechoslovak Republic and persons issued by national, racial or political persecution.
(2) The list of provisions to which paragraph 1 applies in particular shall be published by the Ministry of Justice in the Official Journal and in an agreement with the judiciary authority in the Official Journal of the European Union.
(1) The property which is not subject to confiscation pursuant to § 2 (3) of Decree No 108 / 1945 of the President of the Republic Coll. applies mutatis mutandis to the provision of that decree, except in Part III. The legal situation of this property shall be governed by a special law if it is not to be refunded to persons entitled under Paragraph 4 (1) of this Act.
(2) The Government may, by regulation, lay down the details of the management of the assets referred to in paragraph 1 and transfer them to another office or authority.
This law is implemented by the provision of § 1 of Decree President of the Republic No. 5 / 1945 Coll.
This Act 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.
Gottwald v. r.
Dr Stránská 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.,
or Minister for Dr. Šoltésze
Dr Drtina v. r.
Kopecký v. r.
Laušman v. r.
Děuriš v. r.
Dr Pietor v. r.
Gen. Hasal v. r.
Hala v. r.
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 | Act No. 128 / 1946 Coll., on the nullity of certain property-law acts from the period of infreedom and on the claims of such nullity and other interference in property arising |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.06.1946 |
|---|---|
| Effective from | 17.06.1946 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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