Act No. 272 / 1948 Coll.
Law amending and supplementing the rules on arbitration for the treatment of certain obligations of national undertakings
Valid
Effective from 31.08.1948
272.
Law
of 1 December 1948
amending and supplementing the provisions on arbitration courts for adjusting certain obligations of national undertakings.
The National Assembly of the Czechoslovak Republic decided on the following Act:
The Act of 21 November 1946, No 228 Coll., on arbitration courts for the treatment of certain obligations of national undertakings, is amended as follows:
1. In Article 16, the following paragraph is added:
"(3) The provisions of paragraph 2 shall not apply where a claim is made from an undertaking which is or will be applied against a national undertaking before a court or other competent authority. ';
2.
"(1) Where a claim is made against a national undertaking before a court or other competent authority (§ 16 (3)), the court or other authority shall suspend proceedings for that claim during each period of the proceedings, if the national undertaking objects, recognising that the undertaking is economically unfounded. If, within three months of the date of the interruption, a national undertaking brings an action for annulment or for any other appropriate adjustment of the undertaking, the suspension procedure shall be terminated and the costs shall be cancelled; the arbitration panel may also take account of these costs in its statement. If the national undertaking has not brought an action within that time limit, if the action brought has been withdrawn or the action has been refused or refused, it may be continued in the suspended or suspended proceedings.
(2) Where, in proceedings before a court or other competent authority, a claim for an undertaking which, notwithstanding the issue of economic unfairness, is otherwise contested, the court or other authority shall, if the national undertaking also objects to the economic unfounded undertaking, decide on the other issues at issue and in its decision only determine whether or not the claim on the undertakings is justified. If the case is not dealt with, the final decision is that the right of entitlement to the undertakings is terminated. The provisions of paragraph 1, second and third sentences, shall also apply with the exception that the statement on costs shall remain unaffected. ';
If the claim referred to in § 20 of Act No. 228 / 1946 Coll., as amended by Article I, No 2 of that Act was definitively determined or granted by the order of the court or other competent authority before the date of publication of this Act, the period of three months shall begin to bring an action for annulment or for any other appropriate adjustment to an economically unfounded obligation on the date of publication of that Act.
An action for annulment or for any other appropriate adjustment to an economically unfounded undertaking may be brought, even if the applicant's commitment to the Nationalised Economic Fund has been transferred under Article 3 of the Law of 11 March 1948, No 51 Coll., on the modification of certain financial ratios of national industrial and food undertakings; the decision is also effective against the Fund for the National Economy.
Arbitration courts established under Act No. 228 / 1946 Coll. as amended by this Act are also called upon to decide on the cancellation or other appropriate adjustment of the economically unjustified obligations of communal undertakings pursuant to § 10, paragraph 2 of the Act of 21 July 1948, No. 199 Coll., on municipal undertakings.
This Law shall take effect on 31 August 1948; It shall be implemented by the Minister of Justice in agreement with the participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Dr Cap v. r.
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Regulation Information
| Citation | Act No. 272 / 1948 Coll., amending and supplementing the Rules on Arbitration Courts for the adaptation of certain obligations of national undertakings |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.12.1948 |
|---|---|
| Effective from | 31.08.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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