Act No. 129 / 1946 Coll.
Law on procedural measures in judicial proceedings for certain claims from the period of non-freedom
Valid
Effective from 24.06.1946
129.
Law
of 16 May 1946
on procedural measures in court proceedings for certain rights arising from the period of infreedom.
The Provisional National Assembly of the Czechoslovak Republic decided on the following Act:
Proceedings involving the Republic of Czechoslovakia or the Institute or an undertaking set up or managed by it.
(1) In the legal proceedings in which the Republic of Czechoslovakia or the Institute or an undertaking set up by it or administered by it in the courts of ordinary, exceptional or arbitral courts are sued for legal situations arising from contracts or other facts at a time of non-freedom (Article II, Article 1, paragraph 2 of the Law on the Restoration of Law (Annex to the Law of 19 December 1945, No 12 Coll. of 1946) and Article 1 of the Government Regulation of 27 July 1945, No 31 Coll., which provides for the end of the period of non-freedom to restore the law) and in which the defendant claims that he is not obliged, in view of the contested right to change at the time of non-freedom, the court of that claim in each period of official authority.
(2) In the execution proceedings against the subject matter referred to in paragraph 1 for the claims referred to therein, the court shall defer execution, if the obliged party contends that it is not obliged, in view of the claimed claim for changes occurring during the period of infreedom.
(3) The measures provided for in the Rules of Procedure shall be inadmissible after the procedure has been interrupted (paragraph 1) or after 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.
(4) A recursion to only one stool is permitted against the resolutions referred to in the preceding paragraphs.
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 proceedings shall continue if the defendant (s) so proposes, or if the applicant (s) so proposes, when the plea (s) of the enforcement party ceases to justify the measure under Article 1 by adjusting the issue of acceptance of the undertaking.
Paragraph 1 to 3 shall apply mutatis mutandis to other types of legal proceedings in which claims of the nature indicated in § 1 are claimed against the subject matter there.
Before interrupting the proceedings, the court shall produce evidence which it considers to be relevant in the light of the state of the case if the concern that an accompanying device might otherwise be lost or its use is made difficult.
Paragraph 1 to 5 shall also apply mutatis mutandis if one of the grounds referred to in § 1 applies the claim and if the court considers that the question of the transfer of the claim is doubtful for the changes referred to in § 1, paragraph 1.
Proceedings involving a party to any other public body or institute established or managed by it or to any foundation (bases, funds).
Paragraph 1 to 6 shall apply mutatis mutandis where another public body or institute or undertaking established or managed by it or a foundation (bases, funds) is party to the legal proceedings and where the court considers that the question of taking over an undertaking or the transfer of a claim is doubtful for the changes referred to in Paragraph 1 (1).
Proceedings in which the Czech-Slovak Republic, the Protectorate of Bohemia and Moravia, the Slovak State, the German Empire or the Hungarian State, or the Institute, or an undertaking established or managed by them, is party.
(1) In the legal proceedings in which the Czech-Slovak Republic, i.e. the Protectorate of Bohemia and Moravia, i.e. the Slovak State, the German Empire or the Hungarian State, or the Institute, or an undertaking established by them or managed by them in the courts of the ordinary, extraordinary or arbitral courts, are sued for legal circumstances arising from contracts or other facts in the absence of freedom, proceedings are suspended at any time.
(2) In the execution proceedings against the subject matter referred to in paragraph 1 for the claims referred to therein, the execution shall be postponed during each period.
(3) The court seised of proceedings shall inform the plaintiff (s) and the financial prosecutor responsible for its constituency that the proceedings have been suspended or the execution has been suspended.
(4) The proceedings shall be continued as soon as the Financial Prosecutor notifies the court that the Czechoslovak Republic or any other subject matter of the Financial Prosecutor represented enters the proceedings and proposes that the proceedings be continued.
(5) Otherwise, the provisions of Sections 1, 4, 2 and 4 apply mutatis mutandis.
Paragraph 8 shall apply mutatis mutandis if one of the subject matter referred to in Paragraph 8 (1) applies the claim.
Taking effect. Transposition.
This Act shall take effect on the seventh day following its publication; to be carried out by the Minister for Justice.
Dr Beneš v. r.
Fierlinger v. r.
Dr Drtina v. r.
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Regulation Information
| Citation | Act No. 129 / 1946 Coll., on procedural measures in court proceedings for certain claims from the period of infreedom |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.06.1946 |
|---|---|
| Effective from | 24.06.1946 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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