Act No. 133 / 1948 Coll.
Law on the repayment of State-guaranteed loans under certain laws on construction and the amendment of the Act on Replacement under the laws on construction
Valid
Effective from 04.06.1948
133.
Law
of 6 May 1948
on the repayment of State-guaranteed loans under certain laws on construction and amendment of the Act on Replacement under the laws on construction.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
Repayment of State-guaranteed loans under certain laws on construction.
(1) The State, represented by the Ministry of Social Welfare and Finance, may, without prior notice, repay State bonds of loans guaranteed under the Act of 23 May 1919, No 281 Coll., on State aid to civil engineering, pursuant to the Act of 6 February 1920, No 92 Coll., authorising further State aid to civil engineering, or under the Act of 11 March 1921, No 100 Coll., of 27 January 1922, No 45 Coll., of 25 January 1923, No 35 Coll., and of 7 March 1924, No 58 Coll. In Slovakia, the State can also repay loans (part of them) guaranteed under Section 4 of the Act of 18 April 1941, No 75 Coll. on the promotion of construction business, after the Act of 15 April 1943, No 40 Coll. on amending and supplementing the legislation on the promotion of construction business, or under Section 21 of the Decree of 22 October 1945, No 128 Coll. on the construction of cities and municipalities in Slovakia.
(2) The Minister of Finance shall be empowered to grant the remuneration required under paragraph 1 by issuing 3% of government bonds denominated in the name and to determine the detailed conditions for their issue and the conditions under which they may be transferred. Creditors are required to accept these bonds at nominal value to offset all their claims arising from the loan and the guarantee.
(3) The Directive for the procedure for the repayment of loans referred to in paragraph 1 is laid down by the Minister for Social Welfare in agreement with the Minister for Finance.
(1) Loans guaranteed under the laws referred to in Paragraph 1 (1) shall not be amortised. Interest shall be reduced to 3% if it exceeds that rate. If it is an issue loan, the interest rate shall be set by the Minister of Finance in agreement with the Minister for Social Welfare.
(2) Interest rates shall be reduced in accordance with paragraph 1 as from the date on which, following the publication of this law, the monthly annual instalments (annuity) of the loan will be due for the first time under the bond.
(3) Of the regular salaries of loans guaranteed under the laws referred to in § 1 (1), first sentence, payable after 30 September 1938 and not fixed in time, the creditor cannot claim interest on late payments.
(1) The Ministry of Social Welfare will delete the lien for the guaranteed loan repaid by the State as well as the State guarantee. If a paid-up loan is guaranteed under one of the laws referred to in § 1, paragraph 1, first sentence, the court, on a proposal from the Ministry of Social Welfare, shall at the same time delete the lien for the fine, ensuring the obligations of the owner of the house, and the limitation of the property right under § 4 of Act No. 281 / 1919 Coll.
(2) The provisions of paragraph 1 on the erasure of the lien for the guaranteed loan, as well as on the erasure of other burdens, apply mutatis mutandis if, for reasons of guarantee, the State has repaid the guaranteed loan before the application of this law.
(3) If the paid-up loan has been guaranteed under Act No 75 / 1941 of the Coll., the limitation of ownership under Paragraph 11 of the same Act remains in force for the period of time during which the loan would have been amortised by regular annual instalments under the amortisation plan. If the owner of the house does not meet any of the conditions imposed on him under Article 3 of that Act at this time, he will be obliged to pay a fine to the State under the decision of the Ministry of Social Welfare of up to 10% of the initial principal of the guaranteed loan; the lien for the State's bond claim under Paragraph 13 of the same Law remains unaffected for the same period. This lien, as well as the limitation of the right of ownership under Article 11 of the Act, will be erased by the Ministry of Social Welfare before the time when the owner of the home of the State replaces the part of the salary paid for the repayment of the loan due to the remainder which would not have been paid in its amortisation by regular annual instalments under the amortisation plan.
(4) If a paid-up loan has been guaranteed pursuant to Article 21 of Regulation No 128 / 1945 Coll. SNR, the claim goes to the amount of the principal paid up and the lien guaranteed by the State (Social Welfare Administration); This transition shall be entered in the land register on a proposal from the Ministry of Social Welfare.
(1) The repayment of the guaranteed loan (§ 1, paragraphs 1 and 3, paragraph 2) does not affect the obligation of the owner of the house to be compensated under the Act of 21 December 1937, No 260 Coll., on compensation under the laws on construction, as well as the refunds prescribed under the Government Decree of 21 May 1921, No 191 Coll., of 19 July 1923, No 160 Coll., and of 3 May 1924, No 96 Coll., issued for the implementation of the laws referred to in § 1, paragraph 1, first sentence.
(2) Paragraph 13, paragraphs 1 and 3, Sections 14 to 17 and Sections 23 and 24 of Act No. 260 / 1937 Coll., apply mutatis mutandis to the payment of compensation prescribed under Government Regulations 191 / 1921 Coll., or 96 / 1924 Coll., provided that the Ministry of Social Welfare has not given or has given its consent pursuant to § 13, paragraph 4 of the same Act in order to provide otherwise.
(3) If a house, built with support under the laws referred to in § 1, paragraph 1, first sentence, in connection with war events or hostile occupation, has been destroyed or so damaged that it cannot be used or that it can only be used in part, the Ministry of Social Welfare may, in agreement with the Ministry of Finance and Techniques in view of the extent of the damage, after compensation, and the social circumstances of the owner of the house, refrain from measuring compensation under Act No. 260 / 1937 Coll. or to measure it only in part or in part or in part to forgive it.
(4) The refunds calculated under Act No. 260 / 1937 Coll. for houses, confiscated by the President of the Republic of 21 June 1945, No. 12 Coll., on the confiscation and accelerated distribution of the agricultural assets of Germans, Hungarians, as well as the traitors and enemies of the Czech and Slovak peoples, in Slovakia by the Order of 23 August 1945, No. 104 Coll. on the confiscation and accelerated distribution of the agricultural assets of Germans, Hungarians, as well as the enemies of the Slovak people, as amended by the Act amending and supplementing, or the decree of the President of the Republic of 25 October 1945, No. 108 Coll., on the confiscation of enemy assets and on the National Recovery Funds, shall be prohibited by their total deduction from the amount guaranteed loans of creditors whose property is subject to confiscation.
(1) Salaries for guaranteed loans, which were made after 30 September 1938 by homeowners and which, by reason of the guarantee under the laws referred to in § 1, paragraph 1, first sentence, would be required by the State, shall be charged at the request, at the latest by 31 December 1949, to the Ministry of Social Welfare, after deduction of the amounts which may have been received by the owner of the house in accordance with the regulations issued at the time of the lack of freedom for the border territories of the Czech and Moravian-Silesian countries, to the compensation under Act No. 260 / 1937 Coll., as well as well as the compensation prescribed under Government Regulations No. 191 / 1921 Coll., No. 160 / 1923 Coll., or No. 96 / 1924 Coll., and, after other salaries to which the owner of the house is liable for aid. The remainder, if it results from salaries made after the exemption, shall be replaced in cash, if it is for compensation of salaries made before 1 November 1945 or from a tied deposit (account) later, by a reference to a tied deposit (account) of the owner of the house; if the remainder of the salary paid before the exemption results, it may be replaced only as decided by the Ministry of Social Welfare in agreement with the Ministry of Finance in cases of special consideration, but only by reference to a tied deposit (account).
(2) Paragraph 1 shall also apply mutatis mutandis to the salaries of a State loan granted under the laws referred to in § 1, paragraph 1, the first sentence or from the money provided for in § § 32 of the Lease Protection Act of 27 April 1922, No 130 Coll., and of 30 April 1923, No 85 Coll., or to the claims of a State which have transferred to it under § 26 of Law No. 260 / 1937 Coll., unless, of course, those salaries were in the nature of compensation under Law No. 260 / 1937 Coll. or of the refunds prescribed under Government Regulations No. 191 / 1921 Coll., No. 160 / 1923 Coll., or No. 96 / 1924 Coll.
(3) The provisions of paragraphs 1 and 2 do not apply to houses confiscated by Decree No. 12 / 1945 Coll., Slovakia by Regulation No. 104 / 1945 Coll. SNR, as amended by the regulations, is changing and complementary, or by Decree No. 108 / 1945 Coll.
Changes to the Replacement Act according to the Construction Act.
Act No. 260 / 1937 Coll. is amended as follows:
(1) Paragraph 8 (1), (2) and (4) shall be deleted;
2. Paragraph 13 (1) reads as follows:
"(1) The owner of the house shall be obliged to pay compensation by regular annual instalments (annuities) of 2% higher than 4% higher than the interest on the initial principal of the refund and to pay the instalments thus calculated to the Treasury at half-yearly periods, payable in advance on 1 April and 1 October each year. '
3. Paragraph 17 (1) reads as follows:
"(1) Of the amounts of compensation not paid in due time, 4.5% interest on late payments shall be paid. '
4. Paragraph 19 (1) and (2) read as follows:
"(1) Until the refund is fixed, the owner of the house is obliged to fulfil the obligations imposed on him by the Government Decree No. 191 / 1921 Coll. or Government Decree No. 160 / 1923 Coll.
(2) If the owner of the house does not fulfil, in whole or in part, any of the obligations imposed on him under paragraph 1, he shall be obliged to pay a fine of 20% of the initial capital of the guaranteed loan (§ 3 (1)) to the State as decided by the Ministry of Social Welfare. The payment of this fine may, on a proposal from the Ministry of Social Welfare, be secured for the benefit of the State (Social Welfare Administration) on real estate by lien. '
5. Paragraph 22 reads as follows:
"If the owner of the house has paid compensation under this Act, as well as the compensation prescribed under Government Regulations No. 191 / 1921 Coll., No. 160 / 1923 Coll. or No. 96 / 1924 Coll., before being amortised by regular annual instalments pursuant to § 13 (1) to (3), the Ministry of Social Welfare shall recover the real burden or indicate any other method of adjusting the compensation pursuant to § 24 (1) and (2), the lien for the fine, ensuring the obligations of the owner of the house (§ 19 (2)), and the limitation of the property right under § 37 (1). However, the owner of the house must not, for a period of 25 years, beginning on the day on which the living permit is granted, make a change to the house which would render the house less of the nature of the house (§ 10 (2)). In breach of this obligation, a fine may be imposed on the owner of the house up to 10% of the construction cargo from which the aid was calculated; on a proposal from the Ministry of Social Welfare, this fine may be secured in the land register by a lien. '
6. Paragraphs 20, 21 and 25 to 30 are deleted.
Common and final provisions.
(1) The applicability of the provisions shall be abolished:
1. Government Decree of 10 February 1939, No 21 Coll. II., revising the repayment of the outstanding amounts of guaranteed loans under Article 21 of the Law of 21 December 1937, No 260 Coll., on compensation under the laws on construction;
2. Government Order of 26 September 1940, No. 432 Coll., amending Section 8 of the Act of 21 December 1937, No. 260 Coll., on Replacement under the Act on Construction.
(2) Furthermore, no
1. the Government Decree of 12 April 1939, No 56 of the SLA, on the repayment of the outstanding amounts of guaranteed loans pursuant to Article 21 of the Law of 21 December 1937, No 260 of the Coll., on compensation under the Act on Construction;
2. Clause 2, paragraphs 2 to 6 and Sections 4, 5 and 7 of the Government Decree of 8 May 1939, No 97 of the SLA, on the sale of houses, built with the support of the State under the laws on construction, and on the reimbursement of compensation and State-guaranteed loans;
3. Paragraph 6 of the Act of 29 March 1940, No 85 of the Act on the amendment of certain provisions of the Act on Construction.
In Slovakia, these ministries, which are responsible for matters governed by this law, carry out the duties of the Ministry of Social Welfare, Finance and Technology essentially through the respective mandates, which are governed by their decisions and directives.
This Act shall take effect on the day of its publication; It shall be implemented by the Minister for Social Welfare in agreement with the Ministers involved.
Dr Beneš v. r.
Gottwald v. r.
Erban v. r.
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Regulation Information
| Citation | Act No. 133 / 1948 Coll., on the repayment of loans guaranteed by the State under certain laws on construction and amendment of the Act on Replacement under the laws on construction |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.06.1948 |
|---|---|
| Effective from | 04.06.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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