Decree No. 163 / 1947 Coll.
Regulation on the allocation of confiscated family homes (family house allocation regulations)
Valid
Effective from 01.10.1947
Contents
Část I.
Oddíl 1.
§ 1.
§ 2.
§ 3.
§ 4.
§ 5.
§ 6.
§ 7.
Oddíl 2.
§ 8.
§ 9.
§ 10.
§ 11.
§ 12.
§ 13.
§ 14.
§ 15.
§ 16.
§ 17.
§ 18.
§ 19.
§ 20.
Oddíl 3.
§ 21.
§ 22.
§ 23.
§ 24.
§ 25.
§ 26.
Oddíl 4.
§ 27.
§ 28.
§ 29.
§ 30.
Oddíl 5.
§ 31.
§ 32.
§ 33.
§ 34.
Oddíl 6.
§ 35.
§ 36.
§ 37.
§ 38.
§ 39.
§ 40.
§ 41.
Část II.
§ 42.
§ 44.
§ 45.
§ 46.
§ 47.
§ 48.
§ 49.
§ 50.
§ 51.
§ 52.
Část III.
§ 53.
§ 54.
§ 55.
§ 56.
§ 57.
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163.
Government Regulation
of 2 September 1947
on the allocation of confiscated family homes (family house allocation regulations).
The Government of the Czechoslovak Republic hereby orders the President of the Republic of 25 October 1945, No. 108 Coll., on the confiscation of hostile assets and National Recovery Funds, and pursuant to the Act of 14 February 1947, No. 31 Coll., on certain principles in the distribution of hostile assets confiscated by the President of the Republic of 25 October 1945, No. 108 Coll., on the confiscation of enemy assets and National Recovery Funds:
Material-legal provision.
Subject of allocation.
A material range.
This Regulation shall apply to:
1. family houses confiscated under Decree No. 108 / 1945 Coll. (hereinafter referred to as the Confiscation Decree), including family houses set up on the basis of construction law, or family houses offered and taken over by allocations (§ 22 (3)),
2. rental houses of residential and construction plots, confiscated according to the confiscation decree or offered by the allotment and taken over from them (§ 22, par. 3), provided that they are assigned pursuant to § 8, par. 3 of Act No. 31 / 1947 Coll. ("the Act") as a replacement allocation.
The concept of a family home.
(1) A family house under this Regulation (hereinafter referred to as the "house") is a house in which one or two small apartments with accessories and, exceptionally, another small apartment, if the flat was established by means of a narrow construction site, and where the annual reimbursement (compensation) for the use of the apartment or apartments (hereinafter referred to as rent) does not exceed:
(a) in the border area (§ 53) with the exception of spa and climatic places [point (b)] for a house with one flat an amount of 6.000 Kčs and two apartments an amount of 8.000 Kčs;
(b) in the other territories and in the spa and climatic places of the border territory, to be declared by the occupancy office and the National Recovery Fund in the Seating Office Bulletin and the National Recovery Fund ("Bulletin"), at a house with one apartment of 8.000 Kcs and with two apartments of 12.000 Kcs.
(2) The small apartment referred to in paragraph 1 shall be an apartment where the floor area of the living rooms does not exceed 80 m2. The living rooms are thought to be skylights, bedrooms, living (bright) chambers (cabins), living (bright) kitchens, then facilities and offices serving as an apartment at the same time. The habitability of the kitchens shall be assessed by their size, presentation and use. A kitchen of not more than 12 m2 of floor space, if it has a kitchen stove, shall be considered as non-residential. If a separate kitchen is used as an apartment, it must always be considered as an apartment. As a non-residential room is to consider the adjacent rooms of the apartment such as anoraks, bathrooms, non-residential kitchens, veranda, dirt, toilets, etc. It is also inhabitable to consider rooms for maids, if their floor area is not more than 12 m2, and is only accessible from the kitchen. The rooms used for the exercise of the free profession or as official rooms shall be considered as the residential rooms of the apartment with which they are connected. A small establishment which is not part of an apartment is not considered a living room.
(3) Small establishments may also occupy the house. A small establishment is a room (s) which is separated from another establishment and small apartment by building, and which is used by a businessman, who lives in the same house in a small apartment, to operate his business as a workshop, shop, warehouse and below. The small establishment and the small apartment of the same trader need not be separated by building. If the trader does not live in the same house, his small establishment in the house must not have a floor area larger than 36 m2.
(4) The relevant provisions of paragraph 1 are at the house:
(a) in the border territory, the annual rent duly determined in accordance with the relevant decree of the settlement office in Prague;
(b) in other territories, the annual rent calculated in the manner prescribed by the same decree for the calculation of rent in the spa and climatic places of the border territory (in Slovakia according to the relevant Ordnance of the Residency Office in Bratislava), but the rent determined according to the tax assessment basis of the tax on the tax year 1947 would be higher. The temporary rent discount on houses in the border area provided under the relevant ordinances of the settlement office and the National Recovery Fund in Prague shall not be taken into account. The calculation of rent for apartments not used is governed by the same principles.
(5) The annual rent referred to in paragraph 1 shall include only rent from both or one apartment without distinction, if part of the apartment is also used for the operation of business, free-trade or as official rooms and under. However, rent from an apartment established by the use of a supra construction site, or from other individual living rooms, from a small establishment which is not part of the apartment, from a garage or from a garden shall not be included.
(6) A family house is not a house in which no apartment is habitable throughout the year.
(1) The Seating Office may, on a proposal from the local national committee, dispose of a house which does not fully comply with the provisions of Section 2, if it does not, in the absence of accommodation in the attic and basement, more than two apartments with accessories. In particular, a house with small flats for which annual rent from an apartment or a flat exceeds the amounts referred to in § 2 (1) and a house with apartments for which the floor area of the living rooms exceeds 80 m2 may be recognised as a family house.
(2) A house which has not been or has been destroyed or damaged may also be recognised as a family house, but may be put into a state which complies with paragraph 1 or § 2.
The extent of the confiscated property.
(1) The house and its accessories are the building parcel on which it is built, and with the garden bordering the building lot, registered in the same insert, a small property character according to § 6 (2) of the confiscation decree. The use of the house is not only related to objects with a house or parts of it fixed (such as lighting equipment, stove, domestic telephone, electric bells, bath baths, central heating, lift), but also to all movable objects which serve to use the whole house, but would be owned by persons whose property is not subject to confiscation.
(2) In the case of a house established on the basis of a building right, the small property is the confiscated right of the building, including the building.
(3) Confiscated assets (paragraphs 1 and 2) include:
A. Assets:
(a) rights in rem, registered in real estate;
(b) claims relating to immovable property, in particular claims arising from the use of the house or part of it.
B. Liabilities:
(a) material burdens secured on immovable property;
(b) cash liabilities belonging to the immovable property.
(4) The confiscated property (paragraphs 1 and 2) does not belong to an apartment which cannot be considered as an accessory to a house (paragraph 1), but would in exceptional cases be an apartment which forms a whole with a house, in particular a composite or an economic one, so that its separation would lose its price.
The ration point.
(1) The Seating Office, deciding on the allocation, shall determine which parts of the property will be allocated (allocation) to the tenderers and which will be excluded from the property and taken over by the National Recovery Fund (hereinafter referred to as the Fund); the fund shall impose on the national administrator or allocation the measures to be taken on the excluded parts of the property.
(2) As a rule, a house shall be assigned with its accessories, including its rights and obligations. However, the Seating Office may provide for an exception if these are matters which are not likely to be necessary for the use of the house or part of it.
(3) The assets are excluded from the financial liabilities incurred before 10 May 1945, which under Paragraph 2 (1) of the Act took over the fund for settlement. In addition, the Seating Office may exclude from the property in particular:
(a) material burdens (rights in rem) linked to real estate;
(b) services for which there is no reason to continue;
(c) claims arising before 10 May 1945;
(d) cash liabilities arising after 9 May 1945, if they exceed the taking-over price or if they arise from the exercise of a claim under Paragraph 2 (5) of the confiscation decree, and if, in cases of special consideration, the fund takes them over for settlement as liabilities not arising from the allocation.
(4) Other assets or parts of them, which will be merged with them in accordance with Section 1 of the Act, are also included in the allocation.
(1) Only one house or an ideal part of the same applicant may be allocated; the spouses can in principle only be assigned one house.
(2) Paragraph 1 shall not apply to legal persons.
Merger and distribution of assets.
(1) The Seating Office and the National Recovery Fund may, for reasons of economic efficiency, combine and distribute real estate and other property or its components, confiscated under the confiscation decree, or housing houses offered by, and taken over from, assigns (§ 22 (3)).
(2) The land bordering the building parcel on which the house is built and registered in the same library insert as the house may be divided, in particular if it exceeds the rate in the place (in large towns in the neighbourhood); a separate part of the land may be merged with neighbouring confiscated real estate into one asset.
(3) The land or land seized under construction law can be merged with the property seized under construction law into one asset.
(4) For the merger of a confiscated house with a confiscated business in which it operates, the provisions of the allocation regulation for business companies apply to one property.
An assessment of the allocation nature.
Receipt price of the house.
(1) The receiving price of the house is its basic price, reduced or increased in accordance with Paragraph 18. The basic price of the house is the estimated value of the house, calculated according to the provisions of § § 9 to 16, with a possible premium pursuant to § 17.
(2) The estimated value of the house will be determined on a date to be determined by the settlement office and published in the Bulletin (the applicable date).
(3) The recognition (description and valuation of the house) carried out on the relevant date under the provisions of this Section by the tenderer who is already using the house (§ 22 (2)) will be examined by the Fund following the observations of the local national committee (§ 48 (1)), on the basis of a good knowledge of the expert.
(4) Management expenses and benefits and fees incurred by the procedure are paid to the allocation.
The price of the house.
(1) The price of a house in the border area shall be determined by multiplying the annual rent of apartments and other rooms of the whole house with its accessories and the garage - excluding garden rent - by the number that applies in the table below to the class of equipment in which the apartments in the determination of the rent according to the designation table, attached to this Regulation as Annex 1 and forming part of it, and to the area to which the municipality belongs (local part of the municipality) in which the house is located. These figures shall be determined as follows:
| Oblast | Třída vybavení | ||||||
| A | B | C | D | E | F | ||
| I | lázeňská města a města nad 50 000 obyvatelů | 27 | 25 | 20 | 17 | 14 | 12 |
| II | města nad 20 000 do 50 000 obyvatelů | 25 | 22 | 19 | 16 | 13 | 11 |
| III | obce nad 6 000 do 20 000 obyvatelů | 21,5 | 19 | 16,5 | 14 | 11,5 | 9,5 |
| IV | obce nad 2 000 do 6 000 obyvatelů | 19 | 17 | 14 | 12 | 10 | 8,5 |
| V | obce s 2 000 a méně obyvateli.. | 14 | 12,5 | 11 | 9 | 7,5 | 6 |
| VI | obce (místní části obce), určené osidlovacím úřadem (odstavec 5) | 9,5 | 8,5 | 7 | 6 | 5 | 4 |
(2) The price of a house in the other territories shall be determined in the manner referred to in paragraph 1, with the change in that annual rent multiplied by the figure set out in the table below:
| Oblast | Třída vybavení | ||||||
| A | B | C | D | E | F | ||
| I | a) Velká Praha, Velké Brno, Velká Bratislava | 32 | 27,5 | 24 | 21 | 17,5 | 15,5 |
| b) Plzeň, Hradec Králové, Olomouc, Košice | 29 | 25 | 22 | 19 | 16 | 14 | |
| II | ostatní města s více než 20 000 obyvateli | 27 | 23 | 20 | 17 | 14 | 12 |
| III | obce nad 6 000 do 20 000 obyvatelů | 25,5 | 23 | 20 | 17 | 14 | 12 |
| IV | obce nad 2 000 do 6 000 obyvatelů | 23,5 | 21 | 18,5 | 15,5 | 12,5 | 10,5 |
| V | obce s 2 000 a méně obyvateli | 20 | 18 | 15 | 12,5 | 10,5 | 9 |
| VI | obce (místní části obce), určené osidlovacím úřadem (odstavec 5) | 14 | 12,5 | 11 | 9 | 7,5 | 6 |
(3) For the inclusion of municipalities in areas by population, the most recent official findings, as communicated by the State Office of Statistics (in Slovakia by the State Planning and Statistical Office), are essentially decisive. However, if the occupancy office finds that, from such a last official finding, the population of the municipality has increased above the limit (§ 42 (2)) or fallen below the limit applicable for the inclusion of the municipality in the area by population, the municipality shall include in the relevant area according to the new state.
(4) In order to offset the uneven situation between neighbouring municipalities (parts of the municipality) arising from the inclusion of the municipality in the area by population, the settlement office may consider the municipality as part of a wider economic unit
1. at the request of or after hearing the local national committee, place the municipality (part of the municipality) in the area indicated in paragraphs 1 and 2 by Roman numerals by one or two higher but not more than V, in particular:
(a) where in the municipality (part of the municipality) there are mostly low-residential houses, for example because there are insufficient or insufficient public facilities; or
(b) if the vast majority of houses are degraded due to special local circumstances in the municipality (part of the municipality), or
(c) if the inhabitants of the municipality (parts of the municipality) can make insufficient communication links with only difficulty using cultural and social facilities and the economic benefits of the nearest cultural and economic centre;
2. to include, after hearing the local national committee, a municipality (part of the municipality) in the area indicated in paragraphs 1 and 2 by Roman numerals, one or two lower, in particular:
(a) if the majority of houses of high residential level are in the municipality (part of the municipality), or
(b) if there is a municipality (part of the municipality) in which houses are not connected to public facilities, but this connection is feasible with a small cost; or
(c) if the inhabitants of the municipality (parts of the municipality) can use cultural and social facilities and the economic benefits of the nearest cultural and economic centre for a particularly good communication link.
(5) The Seating Office shall include in zone VI (paragraphs 1 and 2) and shall, at their request, declare in the Bulletin those municipalities (local parts of the municipality) which shall certify to the occupying office that at least two of the following characteristics are given:
(a) the altitude of the centre of the municipality (local parts of the municipality) above 700 m;
(b) the distance between the centre of the municipality (local part of the municipality) and the main communication of more than 10 km;
(c) the location in the judicial district with less population density per square kilometre than 30 persons;
(d) location in the judicial district without industry or good agricultural land.
(6) The multiples referred to in paragraphs 1 and 2 shall apply provided that the house is in a good and user-friendly state of construction and that the furniture of the house also corresponds to all the essential features of the relevant class of equipment.
(7) For the calculation of annual rent from all over the house (paragraphs 1 and 2), the provisions of Section 2 (4) shall apply.
Property price.
(1) The price of the house, calculated in accordance with § 9, includes, in itself, the cost of the building plot (including the yard) on which the house is built, but not the cost of other land parcels which form the garden.
(2) If the size of the plot cannot be determined, the area of the house actually built, increased by 200 m2, is considered to be the building plot.
(3) Where land parcel (garden) is part of the property of the house or where the land adjacent to the house is greater than that referred to in paragraph 2, the price of the house shall be increased by the price of the land parcel (garden) or by the price of that part of the adjacent parcel which exceeds the rate determined in accordance with paragraph 2.
(4) Price of land (paragraph 3)
(a) it shall be calculated in the border area on the basis of the prices laid down for the residential area in which the land is classified in the aid for the entry of official land prices or the price specified in the Protocol on the determination of the single residential area in the municipality;
(b) it shall be established in the other territories by an amount equal to the general price.
(5) If the land parcel is a grown set, or if there are buildings on it (terraces, gatherings, greenhouses, swimming pools, etc.), the price shall be determined by an amount equal to the general price.
The price of the apartment equipment.
The price of the apartment installation (Section 4, paragraph 4) shall be determined in accordance with the relevant ordinances of the occupying office and the National Recovery Fund.
Valuation of rights and claims in kind, burdens in kind and liabilities in cash.
(1) The substantive rights and material burdens, belonging to the allocation principle, are to be valued in accordance with the Government Decree of 23 June 1933, No 100 Coll., laying down provisions on the valuation of real estate in the execution procedure (the order of assessment).
(2) Cash receivables and liabilities are valued at nominal value. Claims in foreign currencies shall be valued at the official rates applicable on the relevant day (§ 8 (2)), unless otherwise specified in the specific provisions.
Reductions and increases on the price of the house due to its construction condition.
(1) For a house whose construction or construction site has characteristics which reduce or increase the value of the house but do not affect the determination of the rent, reductions or surcharges in percentage of the price of the house calculated in accordance with § 9 are permitted. The highest and lowest limits of these reductions and surcharges are set out in Annex 2 to this Regulation, which forms part of it. A reduction, determined according to the nature of the case, shall be determined by the Seating Office and the National Recovery Fund, which they shall request, if necessary, the proper appearance of the expert. The total precipitation determined in accordance with Annex 2 shall not exceed 50% of the price of the house in the case of undermining and sliding (Section 9).
(2) A premium of up to 30% may be set at the estimated value of the houses referred to in Article 3.
Price increases and reductions on the house for repair and adaptation reasons.
(1) In the case of houses on which repairs or adjustments were made at the time of 9 May 1945, the price of the house, calculated in accordance with Paragraph 9, shall be increased by an amount equal to the value of the cargo carried out according to the condition on the day of the application for the allocation of the house, calculated on the basis of the unit prices applicable on 20 June 1939, provided that the corrections and adjustments have not been made by the tenderer.
(2) At the request of the applicant for a house which has made a cost of its own resources necessary or useful, the price of the house, calculated in accordance with § 9, may be reduced by an amount equal to the value of the cargo taken according to the condition on the date of the application for the allocation of the house, calculated on the basis of the unit prices applicable on 20 June 1939, but not by an amount exceeding that of the house (§ 9).
Detection of the price of houses left unaccounted for, broken or damaged.
The price of the outstanding house (§ 3 (2)) shall be calculated by the amount to be paid for the price of the completed house as the estimated value of the outstanding house to be valued at the estimated value of the completed house. In the same way, the price of the house which is broken or damaged shall be determined.
Valuation of the right of construction and land encumbered by that right.
The price of the building right and the price of the land encumbered by the construction right shall be calculated as follows:
1. the aggregate price of the property (and the building on it) shall be calculated in accordance with the provisions of § § 9 to 11 as if the land were not encumbered by the law of the construction;
2. the price of the right of construction, calculated in accordance with the provisions 1, calculated as the number of years remaining from the applicable date (§ 8 (2)) until the end of the right of construction, shall be calculated by so many sets of aggregate price of the property, calculated in accordance with the provisions of Article 1. The fractions of the year, if they reach six months, shall be considered as a whole year, otherwise they shall not be taken into account;
3. the price of the land under construction law is the amount remaining, if deducted from the aggregate price of the property calculated in accordance with Clause 1, the price of the construction right plus the construction right calculated in accordance with Clause 2.
The basic price of the house.
(1) In the case of houses allocated to persons who are employees in a private or public employment relationship or to recipients of resting (provision) salaries or pensioners under public social insurance legislation or under the Law of 18 July 1946, No 164 Coll., on the care of military and war victims and war victims and fascist persecution, the basic price of the house shall be its estimated value (§ 8, paragraph 1), provided that such persons do not pursue a profession justifying a premium under paragraph 2 or 3.
(2) For houses allocated to persons engaged in a liberal profession or as small producers, the basic price of the house is its estimated value plus a 50% premium. To a small producer operating a business in a municipality classified in accordance with § 9 (1) or (2) in the area In or under the provisions of Paragraph 9 (5) of Section 9 of Section 5 of Section VI, and working in business alone or with a maximum of one apprentice, the Seating Office and the National Recovery Fund may, on a proposal from the local National Committee, in cases of special concern, in particular for reasons of settlement policy, waive the premium in whole or in part.
(3) For houses allocated to other persons, the basic price of the house shall be its estimated value, plus a premium of 100%.
(4) A small producer (paragraph 2) is considered to be a trader who is subject to trade tax under the Act of 20 March 1948, No 50 Coll., on trade tax, in so far as he operates a craft business covered by that Act. Under the same conditions, a small manufacturer shall be considered to be a small producer in accordance with the provisions of paragraph 2 and the national business manager.
(5) Where more than one profession is awarded, the amount of the allowance shall be determined by the relevant profession, which justifies the higher premium.
(6) The provisions of paragraphs 2 and 3 also apply to an allocation whose family member (§ 22 (4), living with him in the common household, belongs to the persons mentioned therein. Where a member of the family of an allocation's profession other than that of the allocation's, the profession of the allocation's or its family member, which justifies a higher premium, is responsible for determining the amount of the premium.
(7) The Seating Office and the National Recovery Fund may, in order to avoid excessive hardships, set a premium (paragraphs 2 and 3) lower or abandon it at all.
(8) If it demonstrates an allocation to which the estimated value has been increased by a premium on the grounds that it was the national manager of a business undertaking, within six months of the receipt of the decision on the allocation, that it was withdrawn without fault as a national administrator and that it became an employee in accordance with paragraph 1, the settlement authority and the National Recovery Fund may, at its request, reduce the premium retroactively.
Calculation of the acceptance price.
(1) The take-over price shall be calculated from the base price of the house by adjusting the base price as follows:
1. For houses allocated to persons listed
(a) in Sections 1 and 6 of the Act of 19 December 1946, No 255 Coll., on members of the Czechoslovak army abroad and on some other participants in the national struggle for liberation,
(b) in § 84, paragraph 1 of Act No. 164 / 1946 Coll.,
(c) in Paragraph 1, paragraph 1 of the Act of 12 April 1946, No 75 Coll., on the granting of economic and legal relief to countrymen returning to their homeland, in particular from Hungary,
the basic price shall be reduced by 10% to 25% according to their social needs, if not by the persons listed under No 6.
2. For houses allocated to persons referred to in Sections 1 and 6 of Act No. 255 / 1946 Coll., the basic price may be reduced by up to 50% if their economic circumstances are particularly burdensome, especially if the taking-over price would be intolerable for them.
3. For houses allocated to persons with special consideration, the basic price may be reduced by up to 5% to the third and every other child who is not over 14 years old and who are actually cared for.
4. In the case of houses allocated to persons who receive retirement (provision) salaries, after an old-age or widow's pension from public insurance, and have transferred or transferred to a border area insufficiently populated, the basic price shall be reduced by 50%.
5. In the case of houses allocated to persons who will not give up in the event of the assignment of their home to date (§ 37) and who will use the house in particular for the recovery of their own or their family members or for the rental of third parties, the basic price may be increased by up to 200%, on a proposal from the local national committee, taking into account the allocation of employment and the possibility of paying the taking-over price or part of the deposit, as well as the demand for a house or similar houses in the municipality.
6. For houses allocated to persons whose property and family circumstances justify the determination of the taking price by an amount higher than the basic price of the house, in particular persons subject to a levy on property or persons in respect of whom the pension tax exceeds the tax, the taxable amount of the business tax may be increased by up to 25%, after their sum for the calendar year preceding the year in which the house allocation decision was issued, the basic price may be increased.
(2) If there are no reasons for reducing or increasing the basic price under the provisions of paragraph 1, the taking-over price of the house shall be its basic price (§ 17).
(3) The reduction in the basic price of the house referred to in paragraph 1, paragraphs 1 to 3 shall be authorised by the settlement office and the National Recovery Fund in the decision on the allocation at the reasoned request of the applicant, applied for in the application for allocation (§ 45). The total reduction referred to in paragraph 1, Nos 1 to 4 shall not exceed 50% of the basic price.
Method of payment of the acceptance price.
(1) Before the house is handed over, the allocation must pay at least 10% of the taking-over price and cost in cash (§ 8 (4)). For reasons of special consideration, in particular if the persons referred to in Sections 1 and 6 of Act No. 255 / 1946 Coll. or § 84 (1) of the Act No. 164 / 1946 Coll., the Fund may, at the reasoned request of the allocation officer, be authorised to pay this part of the acceptance price in accordance with paragraph 2 or 3.
(2) The remainder of the taking-over price, if not paid in cash, may be paid by the assignee by means of a transfer from the tied deposits of his wife (couple) and minor children living with him in the common household, up to the amounts of the simple benefit from the property increase (§ 37, paragraph 2 of the Act of 15 May 1946, No 134 Coll., on the property increase levy and on the asset benefit); legal persons may pay this part of the acceptance price from their tied deposits to an amount of CZK 50,000. These amounts include fixed deposits used to cover other confiscated assets. In particular, a small business enterprise is considered to be other confiscated assets, even if the family house has been merged with it into one asset in accordance with § 7, § 2 and § 12, paragraph 1, point (e) of the Trade Business Allocation Regulation.
(3) For the part of the acceptance price remaining after payment as referred to in the preceding paragraphs, the Fund shall, if necessary, provide a loan to the money institution authorised to do so. This loan may be granted by transferring the money institution's believed amount from its tied deposits to a special bank account at the Postal Savings Bank. The interest rate and the other conditions of this loan granted in tied crowns shall be determined by the Ministry of Finance in agreement with the Czechoslovak National Bank and the Fund.
(4) To the persons referred to in Paragraph 1 (1) of Act No 75 / 1946 Coll., the Fund may allow a reasonable period of time for the payment of the acceptance price, up to the transfer of their assets abroad.
(5) The loan provided by the fund to the money institution shall be amortised within the period agreed by the allotment to the money institution. Annual annuities are usually to be fixed in such a way that they do not exceed the annual rent duly calculated from the whole house (§ 9 (7)), and if the basic price is increased in accordance with § 18, the annual rent increased in the same proportion as the basic price but not more than 200%, but the allocation would agree to a higher annuity. However, at the end of the loan, the annuity provided for at least 1% of its mortality must be included. The Fund shall give its consent that the claims on the loan granted shall be secured by the deposit of a lien in the land register on the property allocated to the money institution.
(6) The Seating Office and the National Recovery Fund may take over the property at the take-over price offered by the current user in accordance with § 36.
Change in the take-over price.
If, following the surrender of the allocated house (the replacement allocation provided for in Section 5), circumstances which would otherwise have a decisive impact on the level of the accepted prices are apparent, the Fund may, if these circumstances have not been taken into account in the case of allocation, readjust the taking-over price within 10 years of the surrender (Section 52).
Candidates.
Basic assumption.
Any tenderer for the allocation shall, within the prescribed period, make himself known in accordance with the procedure laid down in Paragraph 45 and demonstrate compliance with the prescribed conditions.
General conditions.
(1) Each tenderer must demonstrate that:
1. is a Czechoslovak national citizen or is considered to be him pursuant to § 1 or § 2 of the Constitutional Law of 12 April 1946, No. 74 Coll., on the granting of citizenship to countrymen returning to the country,
2. is a Czech, Slovak or other Slavic nationality, unless Section 24 (2) provides otherwise,
3. He is of the community, and of the state,
4. It is righteous,
5. is not free unless Paragraph 25 (c) otherwise provides,
6. his family members living with him in the common household are not German or Hungarian nationalities and are judicial and statewide reliable; the exemption in respect of nationality of family members may be authorised by the Ministry of the Interior in agreement with the Ministry of National Defence,
7. it does not have its own apartment elsewhere, or that it will give it up in case of assignment (§ 37), unless § 25 (c) provides otherwise.
(2) The applicant who is already using the house must accompany the application for the allocation of knowledge (description and valuation of the house) and demonstrate that he has done so with the care of the manager, in particular that he has fulfilled the commitments due, for example paid the rent for the entire period of use of the house or part of it, and is also the national administrator of the house that he has filed a bill for the duration of the national administration.
(3) A candidate having his own residential house (building plot) is obliged, unless Section 25 (c) provides otherwise, to offer it to the occupying office and the National Recovery Fund in the event that the house is allocated to him, provided that he does not transfer it to the property of his adult child pursuant to Section 36 (3).
(4) The members of the family referred to in paragraph 1, No 6, shall be considered as members of the family of the spouse, the children of the marriage, the illegitimate and the adopted, the parents and grandparents and the spouse or the species. For children under the age of 18, the conditions of paragraph 1, paragraphs 1 to 3, as well as those of the tenderer, shall be presumed to be met. However, the integrity of the court must be demonstrated in children over 14 years of age.
Special conditions for the allocation of houses to existing users in the border area.
(1) In addition to the general conditions referred to in § 22, the user of the house in the border area must demonstrate that:
1. not later than 1 April 1947, he and his family shall be resident in the house for which he applies for the allocation,
2. has a permanent regular job in the place where the house is situated or in the vicinity.
(2) Candidates in respect of whom the conditions referred to in paragraph 1 are met shall be assigned, unless they are assigned to a legal person (§ 26), or - if they do not have a co-ownership allocation (§ 27) - to a co-owner of a house (§ 28) or a preferred candidate (§ 29).
(3) A replacement allocation pursuant to Section 5 will be provided to the user to whom the house will not be allocated for the reason set out in Paragraph 29.
Special conditions for the allocation of houses to preferred tenderers.
(1) Preferential applicants are those listed in Sections 1 and 6 of Act No. 255 / 1946 Coll. and § 84, paragraph 1 of Act No. 164 / 1946 Coll.
(2) Paragraph 22, paragraph 1, No 2 on nationality does not apply to the tenderers referred to in Sections 1 and 6 of Act No. 255 / 1946 Coll. The applicants referred to in § 84 (1) of Act No 164 / 1946 Coll. must prove that they are not German or Hungarian.
(3) In addition to the general conditions (§ 22) and in addition to its priority law (§ 46), if there is a house in the border area, the applicants must also prove that they have a permanent job in the village where the house is situated or in the surrounding area.
(4) A house shall be assigned to the priority tenderer for whom the conditions referred to in paragraph 3 are met
(a) in the border territory if it is not allocated to a legal person (§ 26) or - if it does not result in an allocation of co-ownership (§ 27) - to an existing user (§ 29) or another priority candidate (§ 30),
(b) in other territories in front of all other tenderers.
(5) A priority candidate who will not be assigned a house in the border area for the reason set out in Paragraph 29 shall be granted a replacement allocation in accordance with Section 5.
Other applicants.
If there are no eligible candidates pursuant to § 23 or § 24, homes may be allocated
Contents
Část I.
Oddíl 1.
§ 1.
§ 2.
§ 3.
§ 4.
§ 5.
§ 6.
§ 7.
Oddíl 2.
§ 8.
§ 9.
§ 10.
§ 11.
§ 12.
§ 13.
§ 14.
§ 15.
§ 16.
§ 17.
§ 18.
§ 19.
§ 20.
Oddíl 3.
§ 21.
§ 22.
§ 23.
§ 24.
§ 25.
§ 26.
Oddíl 4.
§ 27.
§ 28.
§ 29.
§ 30.
Oddíl 5.
§ 31.
§ 32.
§ 33.
§ 34.
Oddíl 6.
§ 35.
§ 36.
§ 37.
§ 38.
§ 39.
§ 40.
§ 41.
Část II.
§ 42.
§ 44.
§ 45.
§ 46.
§ 47.
§ 48.
§ 49.
§ 50.
§ 51.
§ 52.
Část III.
§ 53.
§ 54.
§ 55.
§ 56.
§ 57.
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Regulation Information
| Citation | Government Order No. 163 / 1947 Coll., on the allocation of confiscated family houses (Allocation Regulation for family houses) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.10.1947 |
|---|---|
| Effective from | 01.10.1947 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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