Act No. 193 / 1946 Coll.
Law on the treatment of certain situations of orphans' coffers
Valid
Effective from 30.10.1946
193.
Law
of 16 October 1946
on the adjustment of certain ratios of orphans' coffers.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
Changes in the economy of orphans' coffers.
(1) The cash of the protectors must no longer be redeposited in the orphans' coffers.
Orphanage treasuries may no longer provide new hypothetical loans.
Loans granted to other orphans' treasuries (i.e. mutual loans) shall not be remunerated until 31 December 1947.
Orphanage coffers in the Czech and Moravian-Silesian countries guarantee their commitments to each other.
If the court agrees to early repayment of the entire remainder or to early partial repayment of the hypothetical loan, interest on the principal amount paid shall be charged to the debtor for the period from the first day of the month following the date of payment until the end of the period for which interest has already been paid.
(1) If this is justified by the economic circumstances caused by the war, the President of the Land Court may give his consent to the waiver of interest due on the mortgage loans of the orphans' treasury and to be allowed for a reasonable period of grace of the payment of depreciation and interest payable between 1938 and 1947.
(2) The President of the Land Court will decide whether the loss incurred in the administration of the orphanage is to be covered by the reserve fund; If the amount exceeds CZK 10,000, the Ministry of Justice shall decide on the depreciation in agreement with the Ministry of Finance and the Supreme Accounting Audit Office.
(3) The reimbursement of the sums paid for the purposes of the care of young people from the administrative surpluses of orphan coffers is ordered by the concentrated reserve funds of orphan coffers (Section 12), the current Common reserve funds of orphan coffers, set up in the presidium of the Land courts as free administrative funds, the interest income of the court depositions deposited in bulk in the court books or in the ordinary accounts of the courts of savings banks, and, as from 1 January 1947, the proceeds of the remuneration of the trustees of bankruptcy and settlement trustees pursuant to Article XIII of the Law of 27 March 1931, No 64 Coll., which are issued by bankruptcy, settlement and settlement orders.
(4) Debtors who have committed themselves to pay for the care of orphans and youth 1 / 2% increase in interest on hypothetical loans granted to them from the assets of orphans' coffers are exempt from this obligation at the end of 1946. Amounts due before 1 January 1947 but executed at a later date by an orphan's treasury shall be credited to the reserve fund of the orphan's treasury.
Disposal of cancelled orphans' treasuries based in a transitional territory and claims and obligations of divided orphans' treasuries.
(1) The Minister of Finance is hereby authorised to designate a monetary institution which shall implement the measures necessary to terminate the liquidation of the assets transferred when the orphans' coffers which are established in a transitional territory and when the assets of the divided orphans' coffers located outside that territory are distributed to the savings banks in a transitional territory.
(2) Transitionally separated territory means a territory which has been temporarily separated from the Czech and Moravian-Silesian countries after 29 September 1938. Divided by an orphan's treasury means an orphan's treasury, whose perimeter was divided by the temporary separation of part of the territory of the Czech and Moravian-Silesian countries at the time.
(1) Hypothecary claims which belonged to a split-up cashier located in a temporarily separated territory shall, if the immovable property is encumbered in other territories, be transferred on 1 January 1942 to an orphan's cashier whose district was then attached to a part of the perimeter of the original orphan's treasury remaining outside the temporarily separated territory.
(2) Hypothecary claims which belonged to a split-up orphanage located outside the temporarily separated territory shall, if the immovable property is encumbered in a temporarily separated territory, be transferred on 1 January 1942 to the savings bank to which part of the assets of the orphan's treasury have been transferred corresponding to the sum of the debts of the Sudeten German group of its judicial protectors.
(1) The necessary library entries of the parties to the hypothetical claims, which were passed on when the orphans' coffers were cancelled in the temporarily separated territory to the savings banks (Section 8), may, if not already done, also be made on a proposal by the acquiring savings bank or the institution responsible for the liquidation.
(2) The transfer of hypothetical claims pursuant to § 9, if it has not already been carried out by the library, shall be recorded in public books on the application by the President of the competent court of the Land and with reference to this law.
(3) Libraries referred to in paragraphs 1 and 2 shall be exempt from fees.
(4) The savings banks are entitled to raise the interest rate from 1 January 1942 to a maximum of 4% on hypothetical claims outstanding under Sections 8 and 9.
(1) Judicial protectors who, on the distribution of the assets divided by the orphan's cashier's office located in the transitional territory, were incorporated into the so-called protectorate group of protectors, may claim claims against the original orphan's cashier, from 1 January 1942 only against the orphan's cashier, the district of which was then assigned to a part of the perimeter of the orphan's treasury remaining outside the temporarily separated territory, and to which a part of the assets corresponding to the sum of the claims of the protected party was transferred. From 1 January 1942, the claims of other court protectors against the abolished orphan's coffers located in a transitional territory may be applied only against the savings bank, to which the assets of the relevant orphan's treasury have been transferred.
(2) Judicial protectors who have been transferred to a sudeten-German group of protectors in connection with the distribution of the assets divided by the orphans' treasury, from 1 January 1942 only against the savings bank to which part of the assets of the orphan's treasury were transferred, corresponding to the sum of the claims of that group of protectors.
Final provisions.
(1) The Minister of Justice is hereby authorised to take, in an agreement with the Minister of Finance, the measures to be taken in view of the financial situation of the orphans' coffers and post-war economic conditions, in particular to gradually concentrate the securities of the orphans' coffers and to adjust the interest rate, as appropriate, for the remuneration of the cash protected in the orphans' coffers, the interest rate applicable to the hypothetical loans granted from the orphans' coffers and the interest rate of mutual loans from the orphans' coffers.
(2) The net administrative surpluses (reserve funds) of the Orphanage Treasures of the District of the Land Court are gradually accumulated and managed as their common assets (concentrated reserve fund of the Orphanage Treasury) by the presidium of the Land Court. The Minister of Justice is hereby authorised to take action, as necessary, in an agreement with the Minister of Finance, to further concentrate the reserve funds as a joint asset of all orphans' coffers.
(1) The applicability of the Government Decree of 12 December 1941, No 21 Coll. of 1942, on the modification of certain ratios of divided bulk orphan coffers, the Reich-German Order of 24 December 1941, the Záz. I of 1942, p. 1, on the abolition and disposal of mass orphans' coffers in the Reich County of Sudeta and the Sudeten-German Territorial Areas incorporated into the countries of Prussia and Bavaria, as well as the Reich jars of the Horn- and Dolnodunai, and Government Regulations of 31 December 1942, No 423 Coll, on measures for the preparation of the abolition of orphan coffers, is hereby repealed.
(2) Paragraph 217 (2) of the undisputed patent is deleted. If a protected person who has become a legal person does not, in spite of an appeal by the court within the prescribed time limit, exceed the cash deposited in the orphan's treasury or the unknown residence or is unable to be served by the court, the cash shall be deposited on the deposit book as an individual judicial deposit; the same measure either taken in cases of this kind, if it occurred before the application of this law.
(3) Paragraph 6 (1) (c) of the Decree of 9 November 1858, No 205 (1) on the collective deposit of orphan's assets, where it commands that the cash of the protectors be remunerated by the interest rate applicable to the deposit of its active assets, Section 40 and Section 41 (1) of the Instructions on the Treatment of Mass Orphanage, issued by the Order of the Ministries of Interior, Justice and Finance of 24 June 1859, Section 123 (z), and Section 8 of the Decree of 17 November 1932, Section 171 (1) on the levy for the appointment of the trustee of bankruptcy (the Trustee) shall be deleted.
This Act takes effect on the day of its publication and applies in the Czech and Moravian-Silesian countries; It shall be implemented by the Minister of Justice in agreement with the Minister of Finance.
Dr Beneš v. r.
Gottwald v. r.
Dr Drtina v. r.
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Regulation Information
| Citation | Act No. 193 / 1946 Coll., on the Treatment of Certain Conditions of Orphanage Treasures |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.10.1946 |
|---|---|
| Effective from | 30.10.1946 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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