Government Decree No. 206 / 1947 Coll.
Regulation on property measures and on the inventory of assets and entitlements under the peace treaty with Hungary
Valid
Effective from 15.12.1947
206.
Government Regulation
of 2 December 1947
on property measures and on the inventory of assets and entitlements under the peace treaty with Hungary.
The Government of the Czechoslovak Republic hereby orders pursuant to Section 4 of the Act of 14 October 1947, No. 172 Coll., on measures to implement peace agreements with Bulgaria, Finland, Italy, Hungary and Romania:
(1) All assets, rights and interests which are in the territory of the Czechoslovak Republic and which are the property of Hungary or of Hungarian nationals (hereinafter referred to as "Hungarian assets") are confiscated from the date of the publication of this Regulation in favour of the Czechoslovak State (Article 29 (1) of the Peace Agreement between the Powers Associated with the United States and Hungary, on the one hand, signed in Paris on 10 February 1947, No 192 Coll., hereinafter referred to as "the Peace Agreement.").
(2) Any treatment of such property exceeding the limits of ordinary administration is permitted only with the agreement of the determining tax office (§ 14 (1)); otherwise it is invalid.
(3) Paragraph 2 does not apply to the treatment of property confiscated and of property nationalised; the provisions on the property confiscated and the assets nationalised and the powers of the authorities provided for therein shall remain unaffected.
(1) The compulsory inventory provided for in this Regulation is:
(a) Hungarian property (§ 1 (1)), even if it has been subject to confiscation, nationalised or placed under national administration;
(b) claims and other claims by Czechoslovak state citizens and legal persons and similar departments based in the Czechoslovak Republic (hereinafter "Czechoslovak members") and the Czechoslovak State under Hungary and Hungarian members (hereinafter "Czechoslovak claims");
(c) property withdrawn from the territory of the Czechoslovak Republic, which is now in Hungary or is being held in another country by a person subject to Hungarian jurisdiction (hereinafter referred to as "withdrawn property" - Article 24 of the Peace Treaty);
(d) claims on insurance contracts of any kind which were concluded with Hungarian insurance undertakings or with any representation of foreign insurance companies in Hungary, which were active in the Czechoslovak territory occupied by Hungary in 1938 and 1939, if the insurance event occurred before 15 September 1945 and the insurance company has not yet paid or paid insurance premiums, as well as life insurance policies not declared under the Order of the President of the Republic of 20 October 1945, No 95 Coll., on the registration of deposits and other claims on cash institutions, as well as life insurance and securities.
(2) For the inventory of Hungarian assets, its liquidation value shall be determined. The liquidation value shall be the amount corresponding to the yield which is or is likely to be achieved by the allocation of an item of property or interest, or, if a claim (right) is made, by its selection (implementation). Czechoslovak claims are collected by nominal value (capital balance with accessories).
(1) Confiscation and compulsory inventory of Hungarian property are not subject to:
(a) property of the Hungarian Government used for consular or diplomatic purposes;
(b) property belonging to religious organisations or private humanitarian institutions used for religious or humanitarian purposes;
(c) the property of the physical persons of Hungarian nationality holding a residence permit in the territory of the Czechoslovak Republic or in the territory of any connected nation, except for Hungarian property which was subjected at any time during the war to measures which did not generally apply to the property of Hungarian members residing in the same territory;
(d) property rights arising after the renewal of trade and financial relations between the Czechoslovak Republic and Hungary or arising from an arrangement after 20 January 1945;
(e) rights of ownership of literary and artistic property (Article 29 (5) of the peace treaty);
(f) business ownership, such as patents, trade marks, samples and others (Article 29 (4) of the peace treaty);
(g) assets acquired by Hungary or its members under agreements concluded pursuant to the Vienna arbitration of 2 November 1938, as well as the legal consequences resulting therefrom, relating to public insurance, and assets procured from the proceeds or proceeds of such assets (Article 25 of the Peace Treaty);
(h) the property of persons who were members of the Czechoslovak Republic at the time the part of the Czechoslovak territory was occupied by Hungary, as well as the property of persons covered by the agreement between Czechoslovakia and Hungary on the exchange of population.
(2) The compulsory inventory of Czechoslovak claims is not subject to claims for damages caused by military operations or by Hungarian occupation.
(3) In addition, the compulsory inventory of insurance contracts is not subject to insurance contracts concluded with Hungarian insurance companies or any representation of foreign insurance companies in Hungary which operated in the Czechoslovak territory occupied by Hungary in 1938 and 1939, excluding life insurance policies referred to in § 2 (1) (d).
The value of Hungarian assets, Czechoslovak claims, as well as the rights and entitlements referred to in § 2 (1) (d) shall be determined according to the condition on 15 September 1947, the value of the towed assets shall be determined according to the condition on the date of removal.
The listing applications shall be submitted on four forms, the model of which shall be laid down by the Ministry of the Interior in an agreement with the Ministry of Finance.
(1) Hungarian property must be registered by its owner (owner, creditor, creditor, creditor) and, if it is a Hungarian property confiscated or nationalised, its former owner.
(2) Where the Hungarian property is composed of claims or other rights, the debtor (s) shall also be required by the application if he is a Czechoslovak national or is present in the Czechoslovak territory for more than one year. If such a claim (right) is secured on domestic real estate, the registration obligation also affects its library owner.
(3) In addition, persons (offices, institutes, cash registers and other establishments) who hold, manage or hold property in custody within the country, which they may reasonably consider to be subject to an inventory under this Regulation as Hungarian property. Such persons shall submit an application subject to confirmation of the listing obligation by official investigation. Persons to whom such property has been officially assigned to ownership or administration shall not register the property; However, if they are aware that the former owner is a Hungarian national, they shall draw the attention of the relevant fund, or, if they are concerned with assets falling under Section 18 of the Decree of 25 October 1945 of the President of the Republic, No. 108 Coll., on the confiscation of hostile assets and National Recovery Funds, the Ministry of Health.
(1) In the application for an inventory of Hungarian property, the applicant shall indicate:
(a) the owner (owner, creditor, creditor), his name and surname (in the case of legal persons of designation and legal nature), profession (subject of activity), nationality, nationality on 29 September 1938 and 15 September 1947, residence (registered office) or place of residence;
(b) similar information on the person applying for the application, if it is not the same as the owner, and the reason for filing the application (e.g. as debtor, obligated, hypothetical debtor, custodian, administrator, holder, agent, lawyer, etc.);
(c) when and to which office the property was registered under the Act of 15 May 1946, No 134 Coll., on the benefit of the property increment and on the benefit of the property;
(d) a statement of the assets by asset value, with a precise description of them and an indication of their liquidation value;
(e) in the case of life insurance policies, the number of the insurance contract, the sum of the insurance premiums (the annual amount of the pension), the date and place of issue, the name, surname and date of birth of the insured person until which the contract is valid, the annual premiums and when, to whom and in what currency and for which the last period was paid;
(f) debts and burdens secured on the property applied for;
(g) non-library debts (liabilities) of the owner of Hungarian property against Czechoslovakia and Czechoslovak members.
(2) Documents (in original or certified copy) on the accuracy and completeness of the information in the application must be attached to the application. In particular, it is due to demonstrate the right of ownership or other title to the property values indicated in the application (e.g. certified land-based statement, purchase contract, life insurance policy, claims on insurance contracts and life insurance policies, as well as proof of the payment of the last insurance premium, official confirmation, etc.), as well as the nationality and residence of the owner on the relevant dates. If the applicant is not the owner of the Hungarian property, he shall only attach documents which he has at his disposal or which he may obtain without special difficulties.
If the owner or former owner of Hungarian property has not yet submitted a declaration of property benefits under Act No. 134 / 1946 Coll., he will also add to his application an application for the application of property on a form for the application of domestic property of foreign owners for the purposes of property benefits.
Czechoslovak claims are required to apply:
(a) Czechoslovak nationals and legal persons and similar departments based in the territory of the Czechoslovak Republic;
(b) offices, bundles of local authorities, institutes, funds or other establishments, provided that the claims submitted to the inventory are managed, represented or made known;
(c) creditors (authorisation) irrespective of their nationality, provided that their entitlement to the library is guaranteed to real estate in Czechoslovakia belonging to Hungary or to Hungarian nationals;
(d) persons who are physical and legal persons who are debtors of Czechoslovak claims.
(1) In the application for an inventory of Czechoslovak claims, the applicant shall indicate:
(a) the name and surname of the creditor or other creditor (for legal persons, the designation and legal nature), the profession (subject of activity), the nationality, residence (seat) or the place of residence;
(b) the information referred to in point (a) of the parties to the applicant person, unless it is identical with the creditor (creditor), and the reason for filing the application (e.g. as administrator, agent, etc.);
(c) the name and surname of the debtor or of another debtor (for legal persons, designation and legal nature), his employment (subject of activity), nationality, residence (registered office) or place of residence;
(d) entitlement by type and amount;
(e) the period and manner in which the entitlement is acquired;
(f) for life insurance contracts, the data referred to in Section 7 (1) (e).
(2) If the applicant cannot demonstrate the Hungarian nationality of the debtor or of another debtor, the applicant shall state the circumstances suggesting it.
(1) The towed property shall be required to be registered by the person who is entitled to return it.
(2) In the application for an inventory of the property withdrawn, the applicant shall indicate:
(a) the name and surname (for legal persons, designation and legal nature), nationality, residence (registered office) or place of residence;
(b) a description of the property being towed for the purpose of its detection, its value, the place from which the item was removed, when and under what circumstances, where the property was removed and the data and means of accompanying it, which could enable it to seek and return the property;
(c) in the case of objects of artistic, historical or archaeological value, an indication as to whether, according to its knowledge, it is possible to be provided in Hungary in the event that the towed item cannot be returned, a replacement object of the same kind and approximately the same value (Article 24 (3) of the peace treaty).
(1) Entitlements arising from the provisions of Article 26 of the Peace Treaty to Czechoslovak nationals must be registered by the person who applies them.
(2) In the application for an inventory of these claims, the applicant shall indicate:
(a) the name and surname (for legal persons, designation and legal nature), nationality, residence (registered office) or place of residence;
(b) a precise indication of the claim, stating against whom the claim is directed, when and by which the Hungarian office or authority the property, right or interest has been affected and what is the value of the claim; in particular, the number of the library insert in which the property is registered and, in the case of claims for damages, the total amount of damage suffered shall be indicated.
(1) Applications are submitted at the Postal Savings Bank in Prague, if the applicant has his residence (seat) in the Czech or Moravian-Silesian country, and at the Postal Savings Bank in Bratislava, if the applicant has his residence (seat) in Slovakia. The applicant who resides abroad shall submit an application to the postal savings bank in whose territory the property (its most valuable part) covered by the application is situated and, failing that, to the postal savings bank in Bratislava.
(2) Application must be submitted by 31 January 1948.
(1) In the case of this inventory, postal savings banks are required to take care of the decisions of the Regional Financial Directorate in Prague and the Finance Officer in Bratislava (hereinafter referred to as the "critical financial authorities'). The principal financial office may determine that the Hungarian property is to be treated in a certain way, in particular the individual property items may be monetized, the claims (rights) may be refunded and collected and the conditions laid down for such measures. The authorisation under the preceding sentence shall not apply to property confiscated and assets nationalised.
(2) The competent financial authorities and the postal savings banks are entitled to invite persons required to apply if they fail to fulfil this obligation, to submit an application, to request that they be provided with all the necessary explanations and documents, to interview witnesses, experts and pre-connoisseurs, to request expert opinions, to order inspections of trade books and records, as well as to make estimates of individual property values. All public authorities, authorities and courts shall be obliged to provide all assistance in the implementation of this Regulation to postal savings banks, financial authorities and other authorities.
(3) The provisions of Act No. 134 / 1946 Coll.
(1) The tax authorities responsible for measuring the property benefits of foreign owners shall notify the postal savings banks, upon request, of the amount of the property benefits of Hungarian property. If it is not possible to establish the exact status of this property on the operative dates according to Act No. 134 / 1946 Coll., the benefit of the property increment and the asset benefit may be calculated by a lump sum.
(2) The property referred to in paragraph 1 shall not be subject to the provisions on exemption from registration pursuant to § 15, paragraphs 1, 1 and 2 of Act No. 134 / 1946 Coll., or to the provision on exemption from the property gain benefit and property benefits pursuant to § 34, paragraph 2, the first sentence and § 41 of that Act.
(1) Postal savings banks shall keep separate liquidation accounts for the assets which have been recognised as Hungarian assets or as Czechoslovak claims within the meaning of this Regulation by the relevant financial authorities.
(2) Hungarian property is entered into the liquidation account held at the Postal Savings Bank in Prague in the territory of the Czech and Moravian-Silesian countries, as well as the Czechoslovak claims of creditors and other eligible residents in the territory; Hungarian property on the territory of Slovakia, as well as Czechoslovak claims of creditors (authorised) residing in Slovakia or abroad, shall be held in a liquidation account at the Postal Savings Bank in Bratislava. In the case of Czechoslovak claims relating to certain Hungarian assets in the Czech Republic, the postal savings bank in which the property lies is responsible.
(3) The central management of the two liquidation accounts is provided by the Postal Savings Bank in Prague.
The filing of an inventory application under this Regulation shall not give rise to a legal claim against the Czechoslovak State, neither the Hungarian owner nor the Czechoslovak creditor (entitled).
Any person who makes incorrect data in an inventory application pursuant to this Regulation or in an application procedure or in any other way that he infringes the accuracy of the investigation by incorrect data or other action shall be punished - not by a criminal offence - pursuant to § 5 of Act No. 172 / 1947 Coll.
The Ministry of Finance, after the hearing of the Finance Officer in Slovakia, may, by decree, extend the deadline laid down in Paragraph 13 (2) and may, in agreement with the Ministry of Foreign Affairs and Home Affairs for reasons of special concern, grant derogations from its provisions.
This Regulation shall enter into force on the day of its publication; They shall be implemented by the Home and Finance Ministers in agreement with the Ministers involved.
Gottwald v. r.
Dr Zenkl v. r.
Dr Kočvara v. r.
Tyme v. r.
Broad v. r.
Maj-Gen Svoboda v. r.
Nosek v. r.
Dr Dolansky v. r.
Dr Stránská v. r.
Dr Drtina v. r.
Kopecký v. r.
Ing. Jankovcová v. r.
Děuriš v. r.
Dr Cap v. r.
Ing. Kopecký v. r.
Hala v. r.
Dr. Unedible v. r.
Dr Procházka v. r.
Majer v. r.
Dr Franek v. r.
Dr Clementis v. r.
Lichner v. r.
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Regulation Information
| Citation | Government Decree No. 206 / 1947 Coll., on property measures and on the inventory of assets and entitlements under the peace treaty with Hungary |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.12.1947 |
|---|---|
| Effective from | 15.12.1947 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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