Decree No. 156 / 1975 Coll.
Decree of the Federal Ministry of Finance on National Property Management
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Effective from 01.01.1976
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156
DECLARATION
Federal Ministry of Finance
of 11 December 1975
on the management of national property
The Federal Ministry of Finance, in agreement with the Ministry of Finance of the Czech Socialist Republic and the Ministry of Finance of the Slovak Socialist Republic, provides, pursuant to § 391 and § 75 of the Economic Code No. 109 / 1964 Coll. as published under No 37 / 1971 Coll.:
BASIC PROVISIONS
Subject matter and scope of the adjustment
This decree regulates the management of tangible national assets by state organisations, the treatment of claims and other property rights of state and state organisations, and contractual transfers of items to state socialist property from citizens and non-socialist organisations.
Basic obligations of state organisations in the management of national assets
(1) State organisations (hereinafter referred to as "organisations") are obliged to manage and are fully responsible for the management of tangible national assets with the care of a proper economy. Therefore, organisations are required to identify, write down, value and normally keep in the prescribed register according to special rules. 1)
(2) Organisations are also obliged to protect and implement material national assets in order to preserve, improve, expand, fully utilize and deploy effectively, in the light of their social mission. In order to protect it, organisations are required to use all legal means, in particular to seek the protection of the State's property right against unauthorised interference, the protection of the right of the administration of the Slovak Socialist Republic (2), and to exercise the right to compensation against those who are responsible for it, as well as against those who have co-caused the damage by deliberately or negligently failing to fulfil their obligations to prevent and avert them.
(3) The obligations referred to in the preceding paragraphs shall also apply to group undertakings or group special purpose organisations where they manage and dispose on their behalf of the national property whose manager is the group, to the extent specified in the group's status.
(4) Organisations are required to continuously pay equal care to the management of claims and other property rights of the State. Slovak Socialist Republic's main arbiter 3)
(5) As owner of immovable national property, the Czechoslovak State shall be entered in the real estate register with an indication of the organisation which manages the property. The organisation is obliged to comply with the property registration regulation.4)
MANAGEMENT OF HUMAN NATIONAL PROPERTY
Management competence
(1) Only state organisations are entitled to manage national assets. Concern enterprises or group special purpose organisations shall, on their own behalf, undertake legal acts related to the management of national assets, the manager of which is a group, to the extent set out in the group statute. 5) The status of the group shall determine in particular the scope of the authorisation of group enterprises or group special purpose vehicles to act on surplus or unfit national assets, temporary use of national assets, transfers of management and ownership of national assets.
(2) In principle, national assets are to be managed by those organisations which are entrusted with the tasks for which they are wholly or principally used, unless otherwise provided for in this Decree or in specific regulations. (6) Where several organisations use the immovable national assets, they shall be deemed to serve mainly the organisation which uses the largest part of them in proportion to other organisations. The authorities in whose jurisdiction it is to remove doubts as to which organisation is to manage certain national assets (§ 4 (1)) may, for serious reasons, in particular economic ones, derogate from these principles.
(3) Where an organisation in the administration has national assets used wholly or mainly by another organisation, both organisations are required to ensure without delay that such assets are transferred to the administration of that organisation which uses national assets wholly or principally. This provision is without prejudice to the possibility of leaving national assets to another organisation in whole or in part for temporary use (Section 9 (1)).
(4) (7) If the management organisation has a national real estate which, under a final territorial decision, is intended for the investment construction of another organisation (hereinafter referred to as the "approved organisation"), the managing organisation is obliged to transfer that property to the management of the approved organisation, unless the organisation has agreed otherwise in accordance with a specific regulation; (7) the management organisation is obliged to transfer such property to the management of the relevant national committee. The management organisation shall transfer the property within 30 days of the date on which the approved organisation so requests.
(5) Where an organisation fails to comply with an obligation under paragraph 3 or 4, the authorities referred to in Article 4 (1) shall decide.
(6) The National Committee or, where appropriate, an organisation governed by it and designated by it, may have in their administration surplus immovable national assets which do not serve the performance of their tasks, but for which the social interest requires that it continue to be State-owned for future tasks (Section 7 (4)). They may also have houses which are not residential houses and which are intended to be used in whole or in part by several socialist organisations to carry out their tasks and are actually used by several organisations, or where the floor area of their residential area is at least one third of the total use area of the building.
Removal of doubts about jurisdiction in the management of national assets
(1) Where doubts arise as to which organisation is to manage certain national assets (hereinafter referred to as "doubts'), the nearest body shall decide jointly by the superior organisations between which doubts arose; If they do not have a jointly superior body, the relevant central government bodies or regional national committees, the National Committee of the City of Prague and the National Committee of the Slovak Socialist Republic of Bratislava (hereinafter the" Regional National Committees') shall decide in the agreement; If no agreement is reached, the competent Ministry of Finance shall decide at the request of either of them. If doubts arise between an organisation managed by a federal government body and an organisation managed by a state administration body of the Republic, or between an organisation managed by a state administration body of the Czech Socialist Republic, on the one hand, and the Slovak Socialist Republic, on the other hand, the relevant Ministry of Finance shall decide in the agreement, at the request of one of the competent central authorities of the state administration or the Regional National Committee, if one of the organisations between which doubts arise is the National Committee or its managed organisation.
(2) Deciding on the elimination of doubts is a procedure whereby the authorities referred to in the preceding paragraph (hereinafter referred to as the "determining authorities") decide on the legal situation of organisations in the management of their economic activity.
(3) Organisations between which doubts have arisen must, without undue delay, submit a request for action which is required of them to manage certain national assets (the measure). The request submitted by any of these organisations to the superior body shall be signed by the head of the organisation or by its authorised head of staff, shall contain the facts on which it is based and a proposal as to how the decision is to be taken. The application shall be accompanied by proof that no agreement has been reached between the organisations.
(4) The organisation against which the application is directed must submit its observations within a time limit to be determined by the competent decision-making authority, which must in particular give an opinion on the proposal contained in the application and on the facts on which it is based, a proposal as to how it is to be decided and attach the necessary documents.
(5) The decision-making body shall discuss the matter with the organisations between which doubts arise and shall lead them to agree among themselves a solution which is consistent with the social interest. If the organisation agrees, the determining authority shall not issue the measure.
(6) The relevant Ministry of Finance shall decide on the doubts raised as soon as the central government bodies or, where appropriate, the Regional National Committees have demonstrated, by submitting the necessary documents and by detailed economic analysis, that they cannot decide on the doubts. In such a case, the application shall be lodged by one of the central government bodies or, where appropriate, by the Regional National Committee, with the competent Ministry of Finance, even where the Ministry of Finance decides in the agreement.
(7) The provisions of Paragraph 13 (5) shall apply mutatis mutandis when the measures of the determining authorities are transferred to the management of national property.
(8) There are no appeals against measures taken by the determining authorities.
(9) Until the doubts concerning the management of certain national assets have been removed under the previous paragraphs, the organisation managing such assets shall be required to fulfil its obligations under its management.
(1) Where organisations pool funds for investment construction or for the acquisition of basic funds for activities under the fund pool contract, they must agree in advance in the fund pool contract which of them will be in the management of such equipment. It will usually be the organisation that can best perform the tasks for which the installation was acquired or which will mainly contribute to its acquisition. 9)
(2) Where State organisations pool funds for investment construction or for the acquisition of basic funds intended to operate under a contract for the association of funds with socialist organisations other than state organisations, they must also agree in advance in the contract for the association which of them will have the equipment so acquired in administration or ownership. 9)
Excess and unfit national assets
(1) The surplus is national property that the organisation does not need permanently to carry out its tasks. A part of the property which exceeds the range appropriate to the tasks or needs of the organisation shall also be considered as surplus. Basic funds in reserve and preservation are not considered to be surplus. 10)
(2) National property which, because of its complete wear or damage, is obviously obsolete or obvious inefficiency in operation, or for other serious reasons, cannot serve its purpose or purpose anymore. Buildings and buildings which cannot be moved and which need to be demolished or cancelled as a result of the planned construction, reconstruction or extension of the building shall also be considered as unfit essential resources; This includes buildings and buildings which, as decided by the building authority or other competent authority, are to be demolished, demolished or put into a harmless state.
(3) Organisations are required to continuously monitor and deal with the national assets managed by them in accordance with other provisions. 11)
(4) The excess or infitness of national assets as well as the way in which such assets are dealt with shall be decided in writing by the head of the organisation or by its authorised manager, where appropriate on a proposal from the committee set up by it as an advisory body or on the basis of an expert socialist organisation. The decision on the excess or infitness of national assets shall be accompanied by proof of how it was dealt with.
Management of surplus national assets
(1) National property, which is decided by the organisation pursuant to Paragraph 6 (4) to be surplus, shall be transferred to the administration of other state organisations (§ 12 et seq.) or to the ownership of a socialist organisation other than the State (§ 15 et seq.). Things that may be privately owned and that are not shown by a socialist organisation, can be transferred to the ownership of citizens. If that is not possible, it shall be treated as unfit property.
(2) When dealing with surplus movable national property, organisations shall use the essential synergies of socialist organisations that provide brokering services.
(3) At the same time, excess basic funds shall be transferred in the necessary quantities of spare parts if the organisation does not need them to maintain and repair other assets.
(4) The excess real estate of a national asset, for which the social interest requires it to remain in state socialist ownership for future tasks, shall be transferred to the administration of the local national committee unless it has been transferred to the administration of another state organisation which can manage such property better and easier. Agricultural land shall always be transferred to the administration of the district (urban) national committee. If the national committee objects to the transfer, the procedure laid down in Article 4 shall be followed.
Treatment of unfit national property
(1) With national property which the organisation, pursuant to Article 6 (4), decides to be unfit and cannot be used more economically (e.g. as material), it is treated in the manner set out in Article 7 (1) and (2). Specific regulations apply to the management of metallic waste and raw materials. 12)
(2) Useful buildings and buildings (Section 6 (2)), or material thereof, shall be handled in accordance with the preceding paragraph.
(3) If they fail to dispose of the unfit property in accordance with the preceding paragraphs, they shall be set at a rolling stock.
Temporary use of national assets
(1) The organisation may, in whole or in part, delegate national assets which it has in its management and which it does not need to carry out its tasks temporarily to another socialist organisation. The organisation may also leave the property or part of it to another socialist organisation for temporary use only in a specified manner, provided that this does not prevent it from continuing to use the property to the extent necessary for the performance of its own tasks and that the property is better used in the social interest in this way. For temporary use, items may not be left to use or easily fit. Reimbursement shall not be granted for the transfer of land for temporary use if the organisation's management does not incur any costs in connection with their administration and operation, or if the transfer of national property to temporary use does not give rise to material damage.
(2) The transfer of national assets to temporary use of a socialist organisation can only become an economic contract. 13)
(3) The organisation may, in return for payment (14), delegate temporary use to citizens for personal use (e.g. temporary placement of movable buildings, temporary use of a garden) in an absolutely necessary area of land which it has in administration and which it temporarily does not need to carry out its tasks. Similarly, the organisation will leave the land on which the construction is built for temporary use, which it transfers to the ownership of the citizen under Paragraph 15 (5) (f). Landing land for temporary use to citizens can only become a written contract.
(4) The district national committee may leave the land for temporary use without payment to residents in the demarcated territory of the border under the conditions laid down in the specific regulation. 15) Under special regulations, agricultural land may also be used by an organisation with agricultural and forestry production.
(5) Except in the cases referred to in paragraphs 3 and 4, and in addition to lending consumer items to citizens by organisations designated to do so and leaving apartments and rooms in houses administered by organisations for the personal use of citizens under the Civil Code, organisations shall not leave national property to citizens, including their own workers for use (e.g. by equipping self-help workshops and similar facilities), unless otherwise specified by specific regulations. 16) This does not apply to the social use of public facilities by citizens, as well as to the lending of consumer items intended for this purpose (e.g. books, sports items) and to the provision of personal protective equipment and other items by organisations under specific regulations. 17)
Permanent use of immovable national property
(1) Real estate with accessories can be transferred free of charge to permanent use (Section 70 (1) of the Economic Code) only to socialist organisations other than the State.
(2) For the transfer of immovable national assets to permanent use to socialist organisations other than state organisations ("permanent user"), the relevant regional and urban national committees, 18) are in whose district the national assets are surrendered. If it is to be surrendered to permanent use of immovable national property which is not in the administration of the district or city national committee in whose territory it is, it shall be transferred earlier to its administration. Exceptionally, with the approval of the relevant Ministry of Finance, other organisations may transfer the immovable national assets they hold in their management to permanent use.
(3) The permanent user is obliged to maintain the real-estate national property on his cargo continuously and to ensure that it is maintained by timely and regular repair. Investment 19) may be carried out only with the prior written permission of the organisation which has the assets under management. Any acceptance shall determine whether and to what extent a permanent user is entitled to the management organisation to pay for the investment funds he has spent in the end of permanent use. The remuneration shall not exceed the cost of the acquisition of the investment, less its wear and, where appropriate, accidental depreciation. If the costs of acquiring the investment were paid in whole or in part from the State budget (State Funds) or were incurred without prior written acceptance of the organisation which has the assets under management, the payment of the costs to the permanent user is not due.
(4) The transfer of national assets to permanent use is carried out by an economic contract. On the basis of this, a permanent use record shall be kept. 20)
(5) The economic contract for the transfer of immovable national assets to permanent use must contain:
(a) an accurate description of the property surrendered (identification of the property by municipality, cadastral territory, partariff numbers and descriptive or registered numbers for buildings and accessories as kept in the property register),
(b) the purpose for which the property is transferred into permanent use and the manner in which it is used;
(c) determination of the date of permanent use;
(d) the essential obligations of the permanent user and the conditions for settlement when the permanent use ceases.
(6) The Economic Treaty on the transfer of national assets to permanent use is established by agreement between the organisations on the formalities referred to in paragraph 5.
(7) The economic contract shall also specify:
(a) purchase price of the property surrendered, 21)
(b) the general condition of the property and its main shortcomings and defects.
(8) If there is a conflict between the organisation and the permanent user when the contract is concluded, or when the contract is amended or cancelled, it shall be dealt with by the superior authorities.
(9) A record of the transfer of immovable national assets to permanent use shall be drawn up.
(10) If the immovable national property transferred to permanent use was, pursuant to a final territorial decision, intended for investment construction or, where appropriate, for a detailed zoning plan for concentrated housing or an approved list of land for the construction of family houses for the construction of family houses, the managing organisation is entitled to withdraw such property from the permanent user, (22) unless there is an agreement between them on the termination of the right of permanent use.
Personal land use
(1) In the case of personal use, state-owned land may be allocated only in cases provided for by law. 23)
(2) The decision to allocate the land to personal use shall be taken by the District National Committee, 24) whose perimeter is the land.
(3) If the land is assigned to personal use in the administration of an organisation other than the local national committee, it shall, as a general rule, transfer it to the administration of the local national committee, which shall conclude an agreement with the citizen establishing the right of personal use.
(4) Save as otherwise provided in the specific provisions, the right of personal use shall be established for the property for remuneration. 25)
Transfers of national property management outside normal management
(1) Transfers of national assets outside the normal management (26) are permitted only between state organisations.
(2) The management of national assets outside the normal course of business shall be transferred on a fee, at a price in accordance with price regulations, (27) unless otherwise provided for in the specific regulation. 28)
(3) National property management shall be transferred free of charge if:
(a) land;
(b) tangible national assets transferred between budgetary organisations;
(c) other tangible property, 29) real estate, movable cultural monuments and objects of museum and gallery value, or their files in museums, galleries and monuments, if any, and library funds, or parts thereof, between libraries of the single system;
(d) tangible national assets which cannot be used by the organisation and transferred to the administration of the national committee or, where appropriate, to an organisation governed by it (Section 7 (4));
(e) tangible national assets transferred to an organisation which, under the fund pool agreement, will be managed by it (Section 5 (1));
(f) immovable national property transferred by the organisation to the National Committee in order to submit it to permanent use (Section 10 (2));
(g) surplus national assets transferred for school and school management purposes;
(h) surplus national assets of museum and monument value intended to document the development of society or cultural educational use in cultural organisations. 30)
(4) Organisations may exceptionally agree on a free transfer of national property management in other cases, provided such transfer contributes to better use of national property.
(5) Transfers of the management of national assets outside normal management shall, as a general rule, be made on the first day of the following month, transfers of the management of larger economic units on the first day of the following year.
(1) Transfers of national property management outside the normal management shall be carried out by economic contracts for the transfer of national property management (31) or by measures of senior bodies.
(2) The management of national assets may only be transferred by the management of senior bodies if the transfer of the assets is carried out by the establishment of the organisation, the reorganisation, the transfer of the management of the national assets in connection with the transfer of production programmes, or if the action of the competent authority is taken pursuant to Articles 3 (5) and 4. Such measures must have substantial formalities as economic contracts for the transfer of national property management; This also applies to measures under Section 36 of the National Committees Act. 32)
(3) By way of exception, the management of national assets may be transferred free of charge, even in cases other than those referred to in Section 12 (3), provided that such transfer contributes to the better use of national assets.
(4) Where the competent authorities decide to transfer the management of national property in cases referred to in Article 3 (4), they shall at the same time decide to replace it in accordance with a special rule. 33)
(5) Where an administrative transfer is made from one central administration to another central administration, the administrative transfer measure shall be issued by the authority from which the management of national property is transferred in agreement with the other central administration. Similarly, transfers from the field of competence of the Regional National Committee to the central government authority or vice versa or to another Regional National Committee shall be carried out.
(1) There is no need to approve the supervisory authorities for the effectiveness of the economic contract for the transfer of the management of national property, unless it is provided for in:
(a) economic organisations subordinate to trade undertakings and to the Directorate-General for Trust the status of the production unit;
(b) economic organisations managed by national committees managing the national committee;
(c) other organisations, their superior body; for national committees, the national committee closest to the highest level.
(2) Paragraph 1 shall not apply to transfers of national property management pursuant to Paragraph 3 (4).
Transfers of ownership of national property
(1) Transfers of national assets to the property of organisations other than state, which occur in the normal course of business (supply of products and execution of works), are governed by the provisions of the Economic Code and its implementing rules.
(2) Transfers of goods intended for personal consumption to the property of citizens are governed by the Civil Code (sales in trade and other services by socialist organisations), or by specific regulations (e.g. provision of medicines, school needs for pupils, sale of agricultural products to workers of state organisations with agricultural production, etc.).
(3) Other transfers of ownership to items of national property are only possible under conditions and in a manner specified below.
(4) Property of land can only be transferred if:
(a) the joint ownership of the land, provided that both the ownership of the citizen and the share of the construction which is built on it [paragraphs 5 (e) and 5 (f)] are simultaneously transferred;
(b) parts of land to be assigned to land owned by citizens or, where appropriate, socialist organisations other than state, to create the conditions necessary for the proper use of real estate;
(c) parts of land which, on the basis of the layout of the zoning plan or, where appropriate, of the zoning documents, are to be assigned to existing land owned by citizens intended for the construction of family houses, holiday houses and for the establishment of gardens, or to existing land owned by socialist organisations other than state; the condition for transferring these parts of the land to citizens is that it is not appropriate to establish a right of personal use for them,
(d) land transferred in exchange between socialist organisations;
(e) transfer of land to a foreign trade organisation.
(5) The ownership of other national assets can only be transferred if:
(a) superfluous or unfit national property, for socialist organisations other than state and for matters which may be privately owned, including citizens,
(b) national assets which are not surplus where the transfer is necessary in the social interest, to the organisations referred to in (a) or to international economic organisations based in CSSR, 34)
(c) tangible national assets which are transferred by the organisation to a socialist organisation other than the State, which, under the contract for the association of funds, 35) or under the contract for the establishment of a joint agricultural holding, 36) will be owned by the organisation;
(d) the exchange of matters between state organisations, on the one hand, and socialist organisations other than the State organisations, on the other,
(e) family houses and holiday cabins with accessories, especially for citizens, although this property is not surplus;
(f) housing houses with accessories which are not family houses but are intended for housing, can fulfil the purpose of family houses and do not substantially exceed the characteristics determining the character of family houses, 37), especially for citizens,
(g) apartments which are transferred to the personal property of citizens under special regulations. 38)
(6) The specific provisions on the provision of immovable national property, in compensation for the property of citizens or for the property of organisations other than the socialist, remain unaffected. 39)
(7) The transfer of ownership of national property shall be effected on a fee basis, unless otherwise provided by specific provisions, at a price in accordance with price regulations. Exceptionally free of charge, ownership of national property may be transferred only in the social interest. When pooling funds [paragraph 5 (c)], the ownership of national property may be transferred free of charge only under the conditions laid down in a special regulation. 40)
(1) In order to ensure the effectiveness of the contract (41) on the transfer of ownership to items in national property at a cost of more than one million CZK or the free transfer of ownership to items in national property at a cost of more than 250 000 CZK, the approval of the relevant Ministry of Finance is required.
(2) In other cases, central government authorities, industry companies, companies, the Directorate-General for Trust and the Regional National Committees do not need approval to ensure the effectiveness of the ownership transfer agreement. Other organisations need the approval of a directly superior body for the effectiveness of such a contract; National Committees of Lower Degree and Organisations of National Committees controlled by the National Committees need the approval of the Regional National Committee, or the National Committees of the cities of Brno, Ostrava and Pilsen. 42) The authority authorised to approve such contracts may provide that approval is not necessary for the effectiveness of the contract for the transfer of ownership of national property or that another authority is competent for approval.
(3) The provisions of the preceding paragraphs do not apply to transfers of ownership of national assets pursuant to § 15 (5) (c) and (g).
OBSERVATIONS AND OTHER RIGHTS OF STATE
(1) Save as otherwise provided in the specific provisions, 43) and where the nature of the case so permits, transfers of the management of claims and other rights of the State shall take place mutatis mutandis in accordance with § 12 to 14.
(2) If the debtor is late in the performance of the debt, the organisation shall require the interest set for the delay and, where applicable, the late payment fee.
Authorisation of instalments and deferral of payment
(1) Organisations may authorise debtors, if they are citizens, to make reasonable payments on debtors' claims in writing recognised as to the ground and amount or granted by a final decision of a court or other authority. They may also extend the time limits for payment of the claim or of the authorised instalments if the debtor cannot pay the debt or instalment at maturity without fault and if immediate recovery would mean excessive hardness for the debtor.
(2) Repayments may be granted only on condition that the authorisation of instalments ceases to be effective and the claim becomes due in full if some instalments are not respected. When authorising repayments or extending the time limits for payment of a claim or authorised repayments, the organisation shall always reserve that it will require higher repayments or authorised repayments or, where appropriate, extended periods for payment of a claim or repayments, in particular if the debtor's assets or earnings are improved.
(3) The organisation may, when authorising repayments and extending the time limits for payment of the claim or of the authorised repayments, waive the requirement for interest on late payments if the debtor fulfils the conditions agreed.
Pardon
(44) The organisation shall be entitled to waive, in whole or in part, a claim against a citizen in so far as recovery would mean special hardness for the debtor. The case in which a claim has been incurred in connection with the intentional criminal activity of the debtor cannot be regarded as hardness. The waiver of the claim shall not be allowed where the debtor is entitled, for any reason, to a claim against the State or a State organisation, up to the amount of that claim, unless the debtor renounces up to the amount of his undertaking. The waiver of the debtor's liability shall cease.
Withdrawal
(1) If the claim is temporarily inconclusive or inconclusive, the organisation shall be entitled to refrain from enforcing it for the time being, but shall continue to ensure that it is not withheld or destroyed and shall endeavour to obtain it. Provisional waiving of recovery is not permitted if it is a debtor of a state organisation.
(2) The organisation is entitled to waive the recovery of the claim on a permanent basis if:
(a) the claim has been barred;
(b) the debtor has died and the claim cannot be recovered on the heirs to which the debtor's liabilities have been transferred, 45)
(c) it is clear from all circumstances of the case that further recovery would not be successful. However, recovery cannot be waived if the debtor is a state organisation or if the debtor has assets from which the claim cannot be met only because it cannot be realised by sale at the time of recovery.
(3) The organisation shall be entitled to continue to waive the recovery of a claim which has not been voluntarily satisfied by the debtor if it cannot be demonstrated that the claim is lasting or the amount of the claim cannot be demonstrated and there is no basis for the court or other competent authority to determine the amount on its own account.
(4) The debtor shall not be informed of the waiver of recovery. By waiving the debt recovery, the debtor's liability shall not cease and, if it is legally and has not become silent or has not ceased to exist, it may nevertheless be invoked against it.
(1) If a claim of up to 200 CZK (a slight claim) for a debtor other than a state organisation has not been voluntarily satisfied and the costs associated with its enforcement would be disproportionate to its outcome, the organisation is entitled to waive its enforcement permanently.
(2) The same debtor may be waived for the same organisation under the previous paragraph only once in a calendar year, unless the claim for which recovery has been waived and the claim for which recovery is to be waived together does not exceed 200 CZK.
(1) If the claim is against a debtor other than a socialist organisation in excess of CZK 250 000, the approval of the relevant Ministry of Finance is necessary for the application of the claim under Sections 19 and 20.
(2) In cases not covered by the provisions of paragraph 1, central government bodies, branch companies, companies, the Directorate-General for Trust and the Regional National Committees are entitled to dispose of the claims in their administration pursuant to paragraphs 19 and 20. Other organisations need to be approved for such treatment of claims, provided that this is determined by the directly superior authority; national committees of lower degrees and organisations managed by these national committees, if provided for by the national committee of higher degrees.
(1) The treatment of claims under Sections 19 to 22 is decisive for their status with the facilities at the time when they are to be waived or waived. For a larger number of claims against the same debtor, the aggregate amount of all claims shall be determined.
(2) The treatment of claims under Sections 18 to 22 must take place in writing.
Paragraph 17 to 23 shall apply unless the treatment of claims by the State otherwise provides for specific provisions. 46)
Other State rights
The provisions of this Decree shall apply, save as otherwise provided in the Specific Rules (47), mutatis mutandis to the treatment of other State rights. The competence of each organisation to approve the treatment of other rights of the State shall be governed by the value of the subject matter of the performance expressed in terms of the general price.
Securities
Section 2, Section 3, Sections 12 to 16 of this Decree applies mutatis mutandis to the management and handling of securities; Articles 17 et seq., as well as the rules on foreign exchange management apply mutatis mutandis. 48)
Change of contracts, renunciation and recognition of entitlements
(1) The amendment or termination of a contract concluded with a citizen which could cause material damage to the State is permissible only under the conditions under which the debt may be waived (§ 19). The authorities referred to in Paragraph 22 are entitled to approve the amendment or termination of the contract; the jurisdiction of these authorities is governed by the level of injury expressed in general price.
(2) Paragraph 18 to 26 shall also apply to cases where the treatment of a claim or other law of the State takes place in proceedings before a court or other competent authority (e.g. by conciliation, withdrawal of the application to initiate proceedings).
(3) The organisation shall be entitled to recognise, mutatis mutandis, a claim against the State in proceedings before a court or other competent authority in accordance with paragraphs 19 and 22.
OBSERVATIONS AND OTHER RIGHT OF STATE ORGANISATION
(1) Organisations are obliged to treat their claims and other rights with the same care as they treat their claims and other rights of the State.
(2) Save as otherwise provided in specific provisions, organisations shall, when handling their claims and other rights under the provisions of Sections 17 to 26, with the exception of:
(a) the provisions of Paragraph 22 (1); in such cases the approval shall be for the competent central authorities of the state administration or, where appropriate, the regional national committees;
(b) State savings banks in respect of claims and other rights arising from their activities.
(3) Paragraph 27 applies only mutatis mutandis to the treatment of claims and other rights of organisations.
(4) The status of the group will determine the extent to which group undertakings or group special-purpose organisations may dispose of their claims and other rights under § 17 to 26.
TRANSFERS OF THINGS TO THE STATE SOCIALISTIC AUTHORITY
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Regulation Information
| Citation | Decree No. 156 / 1975 Coll., on the Administration of National Property |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.12.1975 |
|---|---|
| Effective from | 01.01.1976 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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