Act No. 23 / 1947 Coll.
Law on the repayment of certain advances from abroad for the performance of supply contracts or certain other contracts and paid under occupation pressure
Valid
Effective from 27.02.1947
23.
Law
of 13 February 1947
on the repayment of certain advances from abroad for the performance of supply contracts or certain other contracts and paid under the pressure of occupation.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
(1) Devis landlords (Section 2 of the Act of 11 April 1946, No. 92 Coll., on the Bound Foreign Exchange Economy), to whom the value of the amounts levied abroad as an advance payment on the performance of delivery or some other contracts has been paid in crowns or marks of Reich,
(a) between 1 October 1938 and 5 May 1945 in the territory of the Czechoslovak Republic, occupied by German military power in 1938, or
(b) from 1 October 1940 to 5 May 1945 in other parts of the Czech and Moravian-Silesian countries,
or their legal successors, if they are also foreign exchange residents, shall be obliged to repay the advance as having been paid to them under the pressure of occupation, within three months of the date on which the law takes effect, to the national monetary institution (s) which has paid it to them or to its legal successor, provided that they have not, by that date, fulfilled an obligation under the contract in respect of which the foreign voucher has been made. If they have fulfilled their obligation only partially, they shall not be obliged to repay the advance paid up to the amount of the payment to be paid. If the money institution (the money enterprise) which paid the advance paid or directly the beneficiary of the advance received a payment from the National Bank or from the Reich Bank's branch established in Czechoslovak territory, either the advance was returned to the Czechoslovak National Bank in Prague.
(2) The provisions of the preceding paragraph shall not apply to vouchers made from the German Empire in its borders by a Contracting Party which was resident or registered there at the end of 1937.
(3) The obligation laid down in paragraph 1 shall not apply to amounts which have been paid as overprofits to the former Ministry of Economic Affairs and Labour, following the German Minister for Economic Affairs's guidelines. The Czechoslovak National Bank in Prague will agree to return these amounts if they have not yet entered the Treasury. If there is no agreement, the government will decide.
For the repayment of advances pursuant to § 1, deposits bound pursuant to § 7 of the Decree of 19 October 1945, No. 91 Coll., can be used to restore the Czechoslovak currency.
The Czechoslovak National Bank in Prague may provide, in cases of special consideration, that the beneficiary or his legal successor is not to repay the advance paid either at all or in part.
(1) If the advance has been refunded, the Contracting Party which granted it has no claim against the foreign exchange domestic on the ground that the advance has been paid or accepted.
(2) Neither the cash institution (money company) referred to in § 1, § 1 nor the Czechoslovak National Bank in Prague assume any obligation to the parties.
Advances to be refunded to the Czechoslovak National Bank in Prague pursuant to § 1 and which will not be refunded within the prescribed deadline may be enforced by judicial execution according to the scope of the Czechoslovak National Bank in Prague, provided with a clause of enforceability.
This Act shall take effect on the day of its publication; It shall be implemented by the Minister of Justice in agreement with the Ministers of Finance, Industry and Foreign Trade.
Dr Beneš v. r.
Gottwald v. r.
Dr Drtina v. r.
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Regulation Information
| Citation | Act No. 23 / 1947 Coll., on the repayment of certain advances from abroad on the performance of supply or other contracts and paid under the pressure of occupation |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.02.1947 |
|---|---|
| Effective from | 27.02.1947 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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