Act No. 207 / 1948 Coll.
Act on the protection of agricultural and agricultural land smugglers
Valid
Effective from 06.08.1948
207.
Law
of 21 July 1948
on the protection of agricultural and agricultural parcel smugglers.
The National Assembly of the Czechoslovak Republic decided on the following Act:
(1) The pacht of an agricultural holding or agricultural parcel (hereinafter referred to as "property"), which ends with the expiry of an explicit or tacit period, shall be renewed, unless otherwise specified, for a further three years and against the will of the smuggler, by notifying the smuggler or his representative by registered letter in the last year of the patch, but no later than six months before the end of the smelting ratio that he shall continue to retain the property. However, if the smuggler does not agree with the smuggler otherwise, the patchwork will be restored only to the extent that the total area of real estate on which the smuggler will manage after the smuggler has been restored will not exceed 5 hectares in the beet sector, 8 ha in the grain sector, 10 ha in the potato sector and 15 ha in the pasture area. When calculating the area, no more than 1 ha shall be taken into account; undivorced spouses shall be considered as one person together with their children and parents, if they live together.
(2) In the event of a pâté ending six months after the publication of this law, it shall be sufficient for the notification referred to in paragraph 1 to be delivered to the smuggler or his representatives within 30 days of that date, but not later than the day on which the pâté ends.
(3) Paragraph 1 shall apply mutatis mutandis to the further extension of the patchwork renewed under this Law.
(1) An agricultural holding under this law means an economic whole (court, farmhouse, estate) which is dominated by a field or meadow economy, not a forest economy.
(2) Agricultural land under this law means the role, meadow, pasture, garden, vineyards, hops, willow-grown area, pond and forest.
(3) The areas referred to in § 1 (1) are the agricultural production areas designated pursuant to § 1 (6) of the Act of 3 July 1947, No 139 Coll., on the distribution of the survivors with farms and on the prevention of the crumbling of agricultural land. If the soil bonality does not correspond to the average bonality of the production area, the area referred to in Paragraph 1 (1) shall be assessed according to the area which corresponds to its bonality.
Restoration of the pacht according to § 1 will not occur,
(a) if the smuggler does not work alone or members of his family, living with him in the common household, on smuggled properties;
(b) if the smuggler intends to take the smuggled property into his own holding or if it is necessary to carry out a construction or other installation which changes the nature and manner of use of the land. If the smuggler does not or does not begin to carry out construction or other equipment on the property within one year of the end of the patch, he is obliged to offer the original smuggler the conclusion of a new smelting contract under the terms of this Act (§ 4); in such a case, it is considered that, in view of the provisions of § 1, paragraph 4 of the Act of 21 March 1948, No 46 Coll., on new land reform (permanent treatment of ownership of agricultural and forestry land), there was no interruption of the smelting ratio,
(c) if the property has been smuggled in in connection with the service or employment relationship between the smuggler and the smuggler,
(d) if the smuggler is a State, a union of the People's Administration or another public body, and if the smuggler declares that he needs the smuggled property to carry out public tasks.
The conditions of the existing pacht shall apply to the renewed pacht; as regards the smelting fees, the Act of 16 May 1946, No 126 Coll., on the adjustment of agricultural smelting conditions.
In order to restore the pacht under this law, it is not necessary to approve the consent of the authorities to which the pacht contracts are otherwise approved under the relevant regulations. The jurisdiction of the courts, in particular in matters of custody and custody, shall remain unaffected.
(1) If the smuggler considers that the renewal of the pâté is hindered by one of the facts referred to in § 1, paragraph 1, second sentence or § 3, he may, not later than 15 days after the smuggler's notification, ask the district court to decide whether the renewal of the pâté has taken place, or nothing. The competent court is the district court in whose district the smuggled property lies. The Court of First Instance shall decide on the application for an undisputed procedure. If the court conforms to the proposal of the smuggler, it shall also state that the smuggler is obliged to surrender the smuggled property to the smuggler. If the smuggling relationship has ended before the court has ruled, the court shall set a reasonable time limit in the decision to surrender the property, but not more than 8 days.
(2) If, pursuant to Paragraph 1 (1), the sentence of the second pacht is not renewed in its entirety and if the smuggler does not agree with the smuggler on the land to which the recovered pacht will be concerned, the court shall decide at the request of the smuggler or smuggler. The provisions of paragraph 1 shall apply mutatis mutandis.
The right of a smuggler to apply under the general provisions of civil law for the early termination of the smuggling contract remains unaffected.
The provisions of Act No. 46 / 1948 Coll. are not affected by that Act.
This Act shall take effect on the day of its publication; It shall be implemented by the Ministers of Justice and Agriculture in agreement with the members of the Government involved.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Dr Cap v. r.
Děuriš v. r.
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Regulation Information
| Citation | Act No. 207 / 1948 Coll., on the Protection of Agricultural and Agricultural Land Stocks |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.08.1948 |
|---|---|
| Effective from | 06.08.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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