Act No. 229 / 2001 Coll.
Act amending Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its appearance in legal relations, as amended by Act No. 492 / 2000 Coll., and certain other laws
Valid
Law
Effective from 30.06.2001
229
THE LAW
of 14 June 2001
amending Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its presentation in legal relations, as amended by Act No. 492 / 2000 Coll., and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on the assets of the Czech Republic and its presentation in legal relations
Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its presentation in legal relations, as amended by Act No. 492 / 2000 Coll., is amended as follows:
1. In Article 2, the following sentence shall be added at the end of paragraph 2: "More detailed rules for the performance of obligations under the provisions of paragraphs 1 and 3 of Section 14 of the Land Fund of the Czech Republic shall be amended by the implementing legislation."
2. In Paragraph 27 (3), in the last sentence after the word "humanitarian," the words "fire protection, population protection, integrated rescue system," shall be added.
3. Paragraph 59 (4) is deleted.
4. In Paragraph 60 (1), the second sentence is deleted.
5. the following Sections 60a and 60b are inserted after Section 60, including footnotes 86) and 87):
(1) The relevant organisational component (Sections 9 and 11) transfers the land consisting of one functional unit with an apartment building owned by a housing cooperative free of charge to the property of that housing cooperative.
(2) The application of paragraph 1 shall be treated mutatis mutandis in the case of land forming a single functional unit:
(a) with a family name 86) and its accessories, or possibly belonging to a garage owned by a housing cooperative, provided that the family house was built by a housing cooperative after 1 January 1969 on the basis of an exemption from the rules on financial, credit and other assistance for cooperative and individual housing construction87) and financial, credit and other assistance related to cooperative housing construction was provided for its construction;
(b) with a garage or, where appropriate, a garage owned by a housing cooperative, in the financing of which natural persons - members of the housing cooperative or their legal predecessors - participated in the construction; This also applies to cooperatives whose business is the construction and management of garages for their members, if other conditions are met.
(3) If the transfer of the family house and its accessories or its related garages referred to in paragraph 2 (a) has taken place from the ownership of the housing cooperative, the relevant organizational body shall transfer the plot consisting of one functional unit with that family house and its accessories, or to it belonging to the garage free of charge to the owner of the family house and its accessories, or to it belonging to the garage if it is a natural person.
(4) Pursuant to paragraph 3, the transfer of the garage referred to in paragraph 2 (b) from the ownership of a housing cooperative or, where appropriate, a cooperative whose activity is the construction and management of a garage for its members has taken place in the ownership of a natural person.
(5) The relevant organizational component transfers a joint ownership interest to a plot consisting of one functional unit with a house with apartments and non-residential premises owned by Act No. 72 / 1994 Coll., which regulates certain joint ownership relations with buildings and certain ownership relationships with apartments and non-residential premises and complements certain laws (Housing Law), as amended, to the extent appropriate to the joint ownership of the house pursuant to § 8 (2) of the Housing Law, free of charge.
(a) owned by a natural person who owns an apartment or a garage or studio in such a house, if that person was, at the time of the transfer of the apartment or garage or studio from the property of the housing cooperative, under the provisions of Section 23 of the Law on the ownership of the apartments, the tenant of that apartment or garage or studio and was a member of that housing cooperative; or
(b) owned by a natural person who owns an apartment or a garage or studio in such a house, if the housing cooperative as owner of a building has been designated by a declaration as a separate unit under the housing property law and that person has acquired that apartment or garage or studio by construction under a building construction contract or non-residential space under the housing ownership law, or that person has acquired that apartment under a building construction contract owned by a housing cooperative, or a house with apartments and non-residential premises under the housing law, of which at least one was owned by a housing cooperative under the housing law; or
(c) the ownership of a natural person who has become the owner of the apartment or non-residential space referred to in (a) or (b) on the basis of the transfer or transfer of ownership of that apartment or garage or studio; or
(d) owned by a housing cooperative which remained the owner of unconverted flats or non-residential premises in such a house.
(6) The approval of the Ministry of Finance pursuant to § 22 (3) is not necessary for the validity of the donation agreements concluded pursuant to paragraphs 1 to 5.
(7) Where the land referred to in paragraph 5 or a part of that land has been subject to a material burden pursuant to Article 21 (5) and (6) of the Housing Act and the land has been transferred free of charge pursuant to paragraph 5, the relevant organisational body shall waive recovery of the claim corresponding to the compensation for the material burden on that land or part thereof, if the claim still stands; Articles 35 (1), (2) and 36 shall not apply. Where the owner of the apartment or non-residential space referred to in paragraph 5, with which the relevant organisational body has concluded a donation agreement, a refund or part thereof, the relevant organisational body shall, after making the transfer of ownership to the property register, return the accepted amount to that owner or, where appropriate, his heir or the legal successor to whom the property was transferred.
Where a land consisting of a single functional unit with an apartment building, a family house, a garage or a house with apartments and non-residential premises owned under the Housing Property Act (§ 60a) was created under the provisions of § 59 (1), a loan to a legal person who is not the owner of an apartment house, a family house, a garage, a house with apartments and non-residential premises owned under the Housing Property Act (§ 60a), and that borrowing takes place or is already used by that legal person on the basis of a contract concluded under § 59 (2), it shall be treated under the provisions of § 60a only on condition that the relevant organisational component (§ 9 and 11) is agreed in advance with the owner of the land for the cancellation of that loan or other use relationship, or that loan or use relationship otherwise it shall be terminated.
86) § 3 (c) of Decree No. 137 / 1998 Coll., on general technical requirements for construction.
87) § 10 (2) of Decree No. 137 / 1968 Coll., on financial, credit and other assistance to cooperative and individual housing construction. '
6. In Paragraph 65, at the end of the dot, point (h) is replaced by the following:
"(h) the procedure for determining the public interest in the possibility of a free transfer of State assets (§ 22 (2)), in particular in relation to the assets of the State for which a relationship of permanent use was established before the application of this law (§ 59 (1) and (2))."
7. In Paragraph 65, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) By decree, the Ministry of Agriculture shall lay down more detailed rules for the fulfilment of obligations under the provisions of § 14 (1) and (3) of the Land Fund of the Czech Republic."
TRANSITIONAL PROVISIONS
1. The existing relationship of permanent use under § 70 of the Economic Code, which did not change to a loan under § 59 (1) of Act No. 219 / 2000 Coll., on the property of the Czech Republic and its presentation in legal relations, is changed to a fixed-term loan until 1 January 2007 inclusive. During this period the borrowing shall be governed by the provisions of the Civil Code; Paragraph 59 (2) of the Act and Section 60a of the same Act, as amended by Act No. 229 / 2001 Coll.
2. If the participants in the exploitation relationship do not agree otherwise in accordance with the procedure laid down in § 59 (2) of Act No. 219 / 2000 Coll., or pursuant to § 60a of the same Act, as amended by Act No. 229 / 2001 Coll., the loan referred to in point 1 shall cease without refund.
3. Paragraph 27 of Act No. 72 / 1994 Coll., which regulates certain joint ownership relations with buildings and certain ownership relations with apartments and non-residential premises and complements certain laws (the Law on Housing), as amended by Act No. 103 / 2000 Coll. and Act No. 229 / 2001 Coll., shall also apply in the case of the creation of a right in kind for the benefit of a person other than a housing cooperative before the date of entry into force of the Act.
EFFECTIVE
This Law shall take effect on 30 June 2001.
Klaus v. r.
Havel v. r.
v. Špidla v. r.
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Regulation Information
| Citation | Act No. 229 / 2001 Coll., amending Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its representation in legal relations, as amended by Act No. 492 / 2000 Coll., and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.06.2001 |
|---|---|
| Effective from | 30.06.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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