Act of the Czech National Council No. 243 / 1992 Coll.
Act of the Czech National Council adjusting certain issues related to Act No. 229 / 1991 Coll., on the Treatment of Property Relations with Land and Other Agricultural Property, as amended by Act No. 93 / 1992 Coll.
Valid
Effective from 29.05.1992
Contents
243
THE LAW
Czech National Council
of 15 April 1992
adjusting certain issues relating to Act No. 229 / 1991 Coll., on the treatment of property relations with land and other agricultural property, as amended by Act No. 93 / 1992 Coll.
The Czech National Council decided on this law:
The purpose of the Act is to mitigate the consequences of certain other property injustices resulting from the validity or special application of certain laws or for other reasons in the Czech Republic and to determine the competence of the authorities of the Czech Republic in implementing certain provisions of Act No. 229 / 1991 Coll., on the treatment of property relations with land and other agricultural property, as amended by Act No. 93 / 1992 Coll.
(1) The legal person is a citizen of the Czech and Slovak Federal Republic who has lost his property under the Decrees of the President of the Republic No. 12 / 1945 Coll., on the confiscation and accelerated distribution of the agricultural property of Germans, Hungarians, as well as the traitors and enemies of the Czech and Slovak people, or the decree of the President of the Republic No. 108 / 1945 Coll., on the confiscation of hostile property and the National Recovery Funds, did not commit himself against the Czechoslovak citizenship of the German and Hungarian States, and whose property was transferred to the State under Act No. 245 / 1948 Coll., on the citizenship of persons of the Hungarian nationality, unless the Act No. 194 / 1945 Coll.
(2) The legal person is also a citizen of the Czech Republic, who has lost his property to the extent specified by the Special Code (2) between 29 September 1938 and 8 May 1945 and has acquired property rights under the Presidential Decree No. 5 / 1945 Coll., on the invalidity of certain property-law negotiations from the period of infreedom and on the national administration of property values of Germans, Hungarians, traitors and collaborators and certain organizations and institutions, or under the Act No. 128 / 1946 Coll., on the invalidity of certain property-law negotiations from the period of non-freedom and other policies in the assets of the second world war, but this property has not been returned to or, according to them, was not compensated, or compensated under international treaties concluded between the Czech Republic and other States after the Second World War.
(3) If the person referred to in paragraph 1 or 2 has died before the expiry of the period referred to in Article 11a, or if he has been declared dead before the expiry of that period, the natural persons shall be eligible if they are nationals of the Czech and Slovak Federal Republic in the following order:
(a) the heirs of the will which was presented in the course of an inheritance proceedings which has acquired the whole inheritance;
(b) heirs of wills which have acquired ownership but only to an extent appropriate to their inheritance. This does not apply if the heirs, according to the will, have only been given individual matters or rights. If the heir of the wills has been established only for a certain part of the property subject to the obligation of extradition, he shall be entitled only to that part of the property,
(c) children and the spouse of the person referred to in paragraph 1 or 2, all of them equally. If a child has died before the expiry of the period referred to in § 11a, his children are in his place and if some of them have died, his children,
(d) the parents of the person referred to in paragraph 1 or 2;
(e) the siblings of the person referred to in paragraph 1 or 2 and if one of them has died, his children shall be entitled to be in his place.
(4) The entitled person referred to in paragraph 1 may claim the issue of the property if, on 31 January 1996, he is a citizen of the Czech Republic, who became a citizen under Act No. 245 / 1948 Coll., Act No. 194 / 1949 Coll. or Act No. 34 / 1953 Coll., unless he has already become a constitutional decree of the President of the Republic No. 33 / 1945 Coll., and who has not until 1 January 1990 so acquired citizenship.
(1) Real estate which has been transferred to a State or another legal person under the conditions set out in § 2 (1) and (2) shall be issued to authorised persons.
(2) The procedure for claiming entitlement is laid down in a separate regulation.3)
Compulsory persons shall be the State or legal persons designated by a special regulation. 4) However, undertakings with foreign shareholdings and companies whose shareholders or participants are solely natural persons who acquired the property between 24 June 1991 and 27 February 1992 are not obliged persons.
(1) If the rights of beneficiaries under the special rule (5) and beneficiaries under Article 2 of this Act are met, the right to issue the property of the person who has lost his property as a result of a unilateral act of the State. If, in this way, more than one person has gradually lost ownership of the property, that right shall belong to the earlier person, unless otherwise agreed.
(2) The provisions of paragraph 1 shall not be used if, before the application of this law, the right to issue a property has been exercised by a person authorised under a special provision; (5) the right to issue a property belongs to that person in that case.
(1) The case cannot be issued,
(a) if it has already been issued under a special law,
(b) if a privatisation project has been approved on the date of its effectiveness;
(c) if a decision on its privatisation has been taken on the date of the law's effectiveness;
(d) where a decision on that entitlement has been exercised in respect of its issue.
(2) The authorised person is entitled to a refund which is granted under a specific legislation. (5a) Refunds on immovable property which cannot be granted and the procedure for the application of refunds shall be laid down in specific legislation. 5)
Contracts for the donation of real estate concluded between 25 February 1948 and 1 January 1990 by which a natural person donated real estate to a State or to another legal person shall be deemed to have been made in distress if they were located in premises used by the German army as a shooting range.
In case of doubt, the area of the former military shooting range according to § 7 will be decided by the Ministry of Agriculture of the Czech Republic in administrative proceedings on a proposal.
(1) In cases where it is not possible to clearly determine which legal person is the obliged person to provide compensation for the live and dead inventory (6) and stocks (6), the Ministry of Agriculture of the Czech Republic shall decide in administrative proceedings which of the successor organisations is the obliged person.
(2) If it is not possible to designate a successor in law pursuant to paragraph 1, the Ministry of Agriculture of the Czech Republic shall, in administrative proceedings, decide that the legal person who used the land of the beneficiary on the date of application of the Land Act is required to provide compensation for the live and dead inventory carried or withdrawn. 5)
Scope of the institutions of the Czech Republic
(1) The Ministry of Agriculture of the Czech Republic is responsible for:
(a) acceptance of the arrears of the allotment price at which the property was originally acquired by the beneficiary, the purchase price or compensation paid to the beneficiary by the State or another legal person on transfer of the property, compensation for settlement of claims by monetary institutions, 7)
(b) granting financial compensation, 8)
(c) reimbursement of the value of the live and dead inventory and stocks, 6)
(d) refund of the purchase price, 9)
(e) repayment of the purchase price and reimbursement of the cost of the property, 10)
(f) acceptance of the compensation for the costs incurred effectively (9) against the original owner to whom the property was issued pursuant to a special regulation, (5)
(g) settlement of financial compensation between the State and agricultural cooperatives, 11)
(h) acceptance of the refund, belonging to the State, at an amount by which the cost of the construction exceeds the outstanding entitlements of the beneficiaries (16);
(i) the granting of compensation for the value of permanent crops. 14)
(2) In order to cover the necessary costs associated with the valuation15, the Land authorities concerned are responsible.
(1) The person who fulfilled the conditions of the authorised person on 29 May 1992 may have paid the rights under this Act until 31 December 1992. The failure to exercise the right has ceased to exist within that period.
(2) An authorised person who was not resident on the territory of the Czech Republic on 31 December 1992 and thus was not authorised on that date may claim claims under this Act until 15 July 1996. Failure to exercise the right shall cease to exist within that period.
(3) The person authorised under Paragraph 2 (2) may exercise the right to issue real estate under this Act by 30 June 2001 at the latest.
The rights of persons authorised under this Act shall be governed by a special provision, 5) except as otherwise provided in this Act.
This Act shall take effect on the day of its publication.
Burešová v. r.
Pithart v. r.
1) Article 7 (2) of Act No. 229 / 1991 Coll., on the treatment of property relations with land and other agricultural property, as amended by Act No. 93 / 1992 Coll. Act No. 135 / 1982 Coll., on the registration of residents.
2) § 1 (1) (a), (b) and (c) of Act No. 229 / 1991 Coll.
3) § 9 of Act No. 229 / 1991 Coll.
4) § 5 of Act No. 229 / 1991 Coll.
5) Act No. 229 / 1991 Coll.
(5a) Paragraph 18a (2) of Act No. 229 / 1991 Coll., as amended by Act No. 183 / 1993 Coll.
6) § 20 of Act No. 229 / 1991 Coll.
7) § 6 paragraphs 3 and 4 of Act No. 229 / 1991 Coll.
8) Article 14 (6) of Act No. 229 / 1991 Coll.
9) Article 6 (6) of Act No. 229 / 1991 Coll.
10) Paragraph 8 (2), first sentence of Act No. 229 / 1991 Coll.
11) Article 3 of Act No. 42 / 1992 Coll., on the modification of property relations and settlement of property rights in cooperatives.
12) § 21a of Act No. 229 / 1991 Coll.
13) Paragraph 16 (1) of Act No. 229 / 1991 Coll.
14) § 24 paragraph 3 of Act No. 229 / 1991 Coll.
15) § 21a (3) of Act No. 229 / 1991 Coll.
16) Article 11 (7) of Act No. 229 / 1991 Coll.
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Regulation Information
| Citation | Act of the Czech National Council No. 243 / 1992 Coll., which regulates certain issues related to Act No. 229 / 1991 Coll., on the treatment of property relations with land and other agricultural property, as amended by Act No. 93 / 1992 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.05.1992 |
|---|---|
| Effective from | 29.05.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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