Act No. 208 / 1948 Coll.
Law on certain measures to restore Lidice
Valid
Effective from 07.08.1948
208.
Law
of 20 July 1948
on certain measures to restore Lidice.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Under the heading of the persons referred to in § 1, paragraph 2, the sentence of the First Law of 13 September 1946, No 187 Coll., establishing the Society for the Reconstruction of Lidice (hereinafter referred to as the Society), also includes persons who were in concentration camps or were introduced in connection with the destruction of Lidice or Lížák.
(1) The purpose of the construction of destroyed Lidice (§ 2, paragraph 1 of Act No 187 / 1946 Coll.) is also to establish new farms in the district of Lidice on land which is not or will not be owned by persons referred to in § 1, paragraph 2, the sentence of first Act No. 187 / 1946 Coll. and § 1; land which may be cultivated by their owners from neighbouring municipalities are excluded.
(2) If the purpose of the Company so requires, the compulsory levelling of land in the district of Lidice shall be carried out in accordance with the relevant rules on its proposal.
(1) In order to achieve its objective, the company can adjust (§ 4) the loan commitments entered into until 10 June 1942 which are secured by the library on real estate in the district of Lidice.
(2) In the absence of claims against Lidice women who have returned from concentration camps or their children, an amendment to the prior consent of the Ministry of Interior is needed.
(1) The company may either settle the debt, or take it over, or take only its interest and redemption. Only part of the debt may be subject to adjustment. The method of adjusting the debt shall be determined by the Company.
(2) If the Company overpays or pays the debt by contract with the creditor, it shall pay interest and amortize the debt on the terms agreed with the creditor. However, the interest rate may not be higher than 41 / 2%, the depreciation period longer than 20 years and the interest on late payments may not exceed 5%. The more favourable conditions for the debtor agreed by the original debtor shall not be affected by the taking over of the debt or by the taking over of its remuneration and redemption. By taking over the debt, the Company will fulfil the debtor's obligation in its place. If the Company, by contract with the debtor of its debt or the remuneration and redemption of the debt, takes the place of the debtor within the scope of the takeover without the need to grant the creditor.
(3) The Directive on the implementation of debt adjustment, binding on the Company, will be issued by the Ministry of the Interior in agreement with the Ministers of Finance and Justice.
(1) The debt adjustment may be requested by both the debtor and the creditor at the Company within 3 months of the date of publication of this Act. Applications submitted later shall not be taken into account.
(2) The company shall immediately inform the creditor of the request received, in the case of the debtor.
(3) There is no legal claim to adjust the debt.
(1) The company shall determine, with the approval of the Ministry of the Interior, the total amount of debt adjustment under this Act, as agreed with the Ministry of Finance.
(2) Within the limits of the means to do so, the Company is to ensure that debt is adjusted, where possible, equally with regard to the economic and social circumstances of the debtors.
In carrying out the debt adjustment, the company is exempted from the tax on its income. The instruments issued in the course of the debt adjustment shall be exempt from the fees.
(1) In a dispute in which it is enforced against the people's women who have returned from concentration camps or their children by payment of a claim, the court shall stay the proceedings in any period of time if the defendant certifies that the claim is a loan claim pursuant to Article 3 and that it has applied for an adjustment to the debt obligation (§ 5 (1)). The termination of the dispute shall continue until the adjustment of the undertaking takes place, but no later than 31 December 1950. If it is satisfied with the adjustment of the undertaking or if it does not comply with the adjustment by 31 December 1950, the suspension procedure shall be continued on the application.
(2) The provisions of paragraph 1 shall apply mutatis mutandis to the deferral of reinsurance and enforcement operations which recover the claims referred to in paragraph 1.
(3) Until the expiry of the time limit for which legal injury is due, the period for which the creditor could not exercise his right to action under the provisions of the preceding paragraphs shall not be counted.
Paragraph 3 to 8 applies mutatis mutandis to loans concluded until 24 June 1942 which are secured on real estate in the district of Lížák.
The company is considered to be the agent of the people's women who returned from the concentration camps and their children, as well as the residents of Lížák, who have returned or will yet come back if the claims referred to in § § 3 and 9 apply against them.
This Act shall take effect on the day of its publication; It shall be carried out by the Minister of the Interior in agreement with the Ministers of Finance and Justice and other participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Nosek v. r.
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Regulation Information
| Citation | Act No. 208 / 1948 Coll., on certain measures to restore Lidice |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.08.1948 |
|---|---|
| Effective from | 07.08.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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