Act No. 21 / 1948 Coll.
Law on the status of spouses and illegitimate children, survivors of the national struggle for liberation
Valid
Effective from 19.03.1948
21.
Law
of 3 February 1948
on the status of spouses and illegitimate children, survivors of the national struggle for liberation.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
Provisions of substantive law.
The scope of the law.
(1) This law applies to fiancée and illegitimate children, survivors of the national liberation struggle.
(2) The participants in the national exemption fight in this Act are those referred to in Sections 1 and 2 of the Act of 19 December 1946, No 255 Coll., on the members of the Czechoslovak army abroad and on certain other participants in the national exemption fight, of the persons referred to in Sections 1, 1, 1, (a) but only those who were citizens of Czechoslovakia at the time of their death.
Fiancees and their legal status.
The provisions of this Fiancé Act apply to a woman who has been given the intention, the intention, the intention to marry her, in such a way and in such circumstances that there can be no doubt as to the seriousness and decisiveness of the promise, if the woman:
1. is a Czechoslovak citizen, statestically reliable,
2. She accepted the promise and the intended marriage was legally possible at least at the time of the death of the man, but the marriage did not take place only because the man fell or died,
3. She did not marry another man, nor did she behave in a way that disrespected her engagement.
If the conditions laid down in Paragraph 2 are met, the fiancé shall be responsible for:
1. family name (s) of the fiancé,
2. the right to be referred to as a lady in official contact.
(1) If the fiancée has suffered from the absence of her marriage to a national struggle for liberation, property damage, and if she is particularly aware, in particular if the illegitimate child and her fiancé have been married or lived with him in the common household and if her nutrition is now compromised, she is entitled to adequate compensation of the property left by the national struggle for liberation, namely against the estate, in Slovakia, and if the estate has already been surrendered, against the heirs, and, if death, against the State.
(2) The adequacy of the property compensation shall be assessed taking into account the property and earnings ratios of the fiancée and heirs; However, the spouse may not be granted more than the surviving widow would have received under the applicable statutory rules, according to the circumstances of the case. However, when determining the amount of compensation, only what is left over to the heirs after deduction of the costs they have incurred or will have to bear because they have acquired or acquired the inheritance.
(3) If there is no other agreement between the participants, such as an agreement on the issue of individual items of inheritance or an agreement on the granting of the arrangement, appropriate compensation in cash shall be provided for.
(4) In the survivor's proceedings, the fiancée and her claim are assessed as a creditor.
Where the conditions laid down in Paragraph 4 (1) are met, the fiancé may be granted, in whole or in part, from the first day of the calendar month following the date on which the law takes effect:
1. public provision salaries, pensions under the Regulations on public social insurance or pensions under the Act of 18 July 1946, No. 164 Coll., on the care of military and war victims and victims of war and fascist persecution, which would be for her if she were a widow of a national struggle for liberation and if the other conditions of entitlement to such salaries or pensions were fulfilled;
2. provision pensions which would be due to it under a contract between a private employer and a participant in the national struggle for exemption if she were a widow of that participant.
illegitimate children and their legal status.
(1) The provisions of this Law on illegitimate children apply to the illegitimate child of a participant in the national struggle for liberation if:
1. the child is a Czechoslovak citizen, and if he can already be held responsible for his actions, there are no objections to him in terms of state reliability,
2. illegitimate paternity has been recognised in court or in front of a matrimonial;
3. the child's identity was not only because the illegitimate father fell or died.
(2) Recognition of illegitimate paternity (paragraph 1, No 2) may be replaced by a judicial finding that there can be no doubt that the child was actually born in a national struggle for exemption. Even this finding is not required if the child has already been declared married (legitimised) by a government decision.
(1) If the conditions laid down in Article 6 are fulfilled, the child shall be considered to be the child of his father, bearing the following:
1. father's family name;
2. Public provision salaries which he would have had if he had been a married child of a national liberation fighter and if marriage between the parents of the child had been legally possible at least at the time of the death of the father, but the marriage did not take place only because the father had fallen or died;
3. provision pensions which would be due to him under a contract between a private employer and a participant in the national exemption struggle if he were the spouse of that participant;
4. the legal right of inheritance after the father, as if, on the day of his death, he had a married child (§ 8).
(2) The salaries (pensions) referred to in paragraphs 1, 2 and 3 shall be payable to the child from the first day of the calendar month following the date on which this law takes effect.
(1) If the discussion of the estate of a participant in the national exemption fight has already been completed, the child shall be entitled, if the conditions laid down in Article 6 are fulfilled, against the heirs, and if there is death, against the State, to compensation equal to the legal inheritance interest. If there is no other agreement between the participants, such as an agreement to issue individual items of inheritance or an agreement to provide provision and nutrition, the child shall be entitled to compensation in cash.
(2) If the discussion of the estate after a national exemption struggle is not yet completed when the child is to decide whether the conditions laid down in Article 6 are met, the survivor's court shall wait until the final end of the proceedings.
In addition, if the child claims inheritance or compensation under Paragraph 8, he may not claim nutrition and provision against his father's heirs.
Driving.
Jurisdiction
If the conditions laid down in paragraphs 2 or 6 are met, the district court with which the fiancé or the illegitimate father had his general court at the time of death and, if the general court is not in the country, the district court with which the estate has been debated or debated, and if there is no such court, the district court in whose district the applicant resides. The application shall be submitted no later than two years after the date on which the law takes effect.
The court having jurisdiction pursuant to Paragraph 10 shall also decide on the claims of the fiancée under Sections 4 and 5, No 2 and on the claims of the child under Sections 7, 1, 3 and 4 (Section 8). The application must be lodged no later than a year from the date on which the decision on the application under Article 10 became final.
(1) The authorisation of the provision salaries or pensions referred to in § 5, No 1 shall be decided by the competent central authority in the field of government in agreement with the Ministry of Finance, or by the office (authority) which would have been responsible for granting the provision fees or pensions if the fiancée had been a widow of a national liberation struggle. The application must be lodged within a year from the date on which the decision on the application under Article 10 became final.
(2) General rules apply to the application of claims under Paragraph 7 (1) (2).
Court proceedings.
(1) The Court of First Instance shall decide on the applications under Sections 10 and 11.
(2) If applications under Sections 10 and 11 have been lodged at the same time, the court may, if appropriate and expedient, first decide on the application under Section 10, and only when that decision has become legal, may the court proceed with the application procedure under Section 11.
(3) The heir to the national struggle for exemption, whose fiancée or child is concerned, and his surviving wife are parties to the proceedings, even if it is only a proposal pursuant to Article 10.
In an action for the detection of illegitimate paternity and maintenance, which, on the date on which the law takes effect, is not yet completed in the first chair, the applicant may propose that the action be considered as an application pursuant to Paragraph 10, and if the procedural court is not competent to act on such an application, that the case be referred to the court in accordance with Section 10 responsible. If the case is brought into a dispute, the costs of the proceedings at issue are part of the costs of the further proceedings.
(1) If the court has decided that the conditions laid down in § 2 or § 6 are met, on the basis of a resolution declaring the national struggle for liberation to be dead, and if the resolution has been subsequently annulled (§ 12 and 13 of the President's Decree of 27 October 1945, No 117 of the Coll., governing the death declaration clause), the national struggle for liberation within a year may be dismissed by the court responsible pursuant to § 10 in order to repeal the order issued pursuant to § 10. Thus, the fiancée loses the benefits under § 3 and the child's status as a married child under § 6 and the benefits under § 7 (1), (1), (1) and (1) and may also be required to repay what they have acquired under § 4 or under § 7 (1), (4).
(2) Persons who carry out the engagement or child's salaries referred to in § 5 or § 7 (1), (2) and (3) may, under the conditions of the preceding paragraph, refuse further performance, even if the participant in the national struggle for exemption for revocation of the order issued pursuant to § 10 does not intervene.
(3) Article 11 to 13 of the Rules of Procedure applies mutatis mutandis.
Provisions payable.
(1) If the conditions laid down in Paragraph 2 are met, the fiancé who had a child-liberation tax or a related real estate tax (hereinafter referred to as inheritance benefits) paid in the Czech and Moravian-Silesian countries before 5 May 1945, in Slovakia before 1 September 1944, shall be liable for the acquisition or death of that participant.
(a) the rate of class II enrichment tax of 12 August 1921, No 337 Coll., on enrichment tax,
(b) the rate of the real estate charge pursuant to § 2 (a) of the Act of 7 January 1920, No 31 Coll., readjusting the war premium and amending certain provisions on fees;
(c) if there are other conditions for this, concessions under the Act of 30 January 1947, No 13 Coll., on allowances in the field of enrichment tax and taxes for the survivors of the national struggle for liberation and victims of hostile persecution and war, as well as for certain dedication.
(2) It is for the acquisition referred to in paragraph 1, under the conditions laid down therein, of the rate of class III of the enrichment tax of the cited Act on that tax and of the relief provided for in the preceding paragraph, point (c), to be owned by a fiancé who did not have a child in the national fight for exemption.
(3) The benefits referred to in paragraphs 1 and 2 are also payable to the fiancé if the inheritance benefits have already been prescribed, albeit legitimately. In such cases, concessions may be applied by filing with the tax office of the first stools no later than six months after the date on which this law takes effect.
The appropriate compensation granted to the fiancé under Article 4 cannot be deducted from the basis of the assessment of the inheritance benefits from the estate after the participant in the national struggle for exemption.
(1) Where an illegitimate child has been entitled to compensation equal to the legal inheritance rate provided for in Article 8 (1), the final act of inheritance benefits from the estate of a participant in the national struggle for exemption from the application of an heir whose inheritance has been reduced is also adjusted. The application for an adjustment may be submitted to the tax office at first stools within six months of the conclusion of the agreement (§ 8, par. 1) or from the date on which the court decision (§ 11) became final.
(2) The provisions of paragraph 1 may not be applied if inheritance benefits have been paid in the Czech and Moravian-Silesian countries before 5 May 1945, in Slovakia before 1 September 1944.
Final provisions.
The registration of the change in the surname of the fiancée or child, as referred to in § 3, § 1 or § 7, § 1, § 1, in the birth (first) matrix, shall, at the request of the court, be arranged by the National Committee of the Land in Slovakia.
This law is without prejudice to the rights attaching to spouses and illegitimate children, survivors of the national struggle for liberation, under other legislation.
This Law shall take effect on the 14th day following its publication; It shall be implemented by the Ministers of Justice, Home Affairs, Finance and Social Welfare in agreement with the Ministers involved.
Dr Beneš v. r.
Gottwald v. r.
Nosek v. r.
Dr Dolansky v. r.
Dr Drtina v. r.
Dr. Unedible v. r.
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Regulation Information
| Citation | Act No. 21 / 1948 Coll., on the status of engaged and illegitimate children, survivors of the national struggle for liberation |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.03.1948 |
|---|---|
| Effective from | 19.03.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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