Act No. 273 / 1948 Coll.
Law on the treatment of satisfaction and the determination of the maturity of certain obligations affected by nationalisation and other provisions
Valid
Effective from 18.12.1948
273.
Law
of 1 December 1948
the adjustment of satisfaction and the determination of the maturity of certain obligations affected by nationalisation and other provisions.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Jurisdiction
Decide on a proposal to adjust the fulfilment of obligations and determine their maturity under the provisions
§ 5a, paragraph 1 of Decree of the President of the Republic of 24 October 1945, No 100 Coll., on the nationalisation of mines and certain industrial enterprises, as amended by the Act of 28 April 1948, No 114 Coll. (Annex to Decree of the Minister of Industry No 116 / 1948 Coll.),
§ 5a, paragraph 1 of the Decree of the President of the Republic of 24 October 1945, No. 101 Coll., on the nationalisation of certain food industry enterprises, as amended by the Law of 28 April 1948, No. 115 Coll. (Annex to Decree of the Minister of Nutrition No. 117 / 1948 Coll.),
Article 11 (1) of the Law of 28 April 1948, No. 118 Coll., on the organisation of wholesale activities and on the nationalisation of wholesale enterprises,
Article 14 (1) of the Act of 28 April 1948, No. 119 Coll., on State Organisation of Foreign Trade and International Shipbuilding,
Article 6 (1) of the Act of 28 April 1948, No 120 Coll., on the nationalisation of commercial enterprises with 50 or more active persons,
Article 6 (1) of the Act of 28 April 1948, No. 121 Coll., on nationalisation in construction,
Article 7 (1) of the Law of 28 April 1948, No. 122 Coll., on the organisation and nationalisation of travel agencies,
Section 7, paragraph 1 of the Act of 5 May 1948, No. 123 Coll., on the nationalisation of polygraphic enterprises,
Article 9 (1) of the Act of 5 May 1948, No. 124 Coll., on the nationalisation of certain innkeeper and innkeeper enterprises and accommodation facilities,
Article 5 (1) of the Law of 6 May 1948, No. 125 Coll., on the nationalisation of natural medical resources and baths and on the integration and management of confiscated spa property,
Article 4 (1) of the Act of 19 July 1948, No 185 Coll., on the nationalisation of medical and nursing institutions and on the organisation of state constitutional medical care; and
Paragraph 11 (1) of the Act of 21 July 1948, No 199 Coll., on municipal undertakings,
it belongs to a county court in whose district is overindebted property. If there are several courts, the appellant may choose between them.
A suggestion.
(1) In a proposal under the rules referred to in Paragraph 1, it is necessary to describe the facts and to state the evidence which the applicant wishes to rely on; in the proposal it is further stated which adjustment to the satisfaction of the undertakings and which maturity the applicant considers appropriate.
(2) The application is accompanied by:
1. an inventory of the assets and capital in which the assets of the overpaid assets, the general price of those assets and the liabilities, as far as possible with the indication of the legal basis for their formation and the precise addresses of the creditors, the original debtor, the joint debtors and the guarantor;
2. an overview showing the overall general price of the assets and the aggregate of the liabilities.
(3) The application and its annexes are to be submitted in such copies as to enable each creditor, co-debtor and guarantor to be delivered in one copy and to be able to hold the court after two copies.
(4) If the draft does not comply with the provisions of the law, the court shall refer it back to the remedy within a time limit which it shall also determine. If the applicant fails to keep that deadline, he shall be deemed to have abandoned his proposal.
Initiation.
(1) The procedure is initiated by the submission of a proposal.
(2) The Court of First Instance shall draw up an order in the Official Journal; In the order, the name of the court, firm and registered office of the appellant, the exact description of the overindebted assets and, if known, the name and surname (company), the status and residence of the original debtor. The Court of First Instance shall, in the order of the creditor, the joint debtors and the guarantor, invite them to file claims within the time limit set by the court at the same time and inform them that they must lodge all claims which were there on the date on which the applicant entered into the obligations of the overpaid property, because if they do not, their claims against the appellant shall cease. The time limit for applications by creditors shall normally be 60 days from the date of publication of the order.
(3) A copy of the decree shall be delivered to the appellant, together with a copy of the application and its annexes, to all creditors, joint debtors and guarantor, if their addresses are known.
The effect of initiating proceedings on disputes and other proceedings.
(1) Where there is no right to exclude a case from overindebted property or a right to separate satisfaction from a particular case, disputes and similar other proceedings may not be initiated after the opening of proceedings against the applicant for obligations relating to overindebted property.
(2) The opening of proceedings shall interrupt disputes in which the appellant is the defendant and other similar proceedings against the appellant where there is an undertaking for which a new dispute or new proceedings cannot be initiated against the appellant pursuant to paragraph 1.
Effect on bankruptcy and execution proceedings.
(1) For the undertakings to which the applicant has entered, no bankruptcy or settlement proceedings or the acquisition of a right to separate satisfaction may be declared for the duration of the procedure for overpaid assets.
(2) The bankruptcy of the assets referred to in paragraph 1 before the opening of proceedings cannot be resumed until the final termination of the proceedings. the same applies to the arrangement procedure. Without prejudice to the rights previously acquired to exclude a case or to separate satisfaction from a particular case. However, by initiating the procedure, the rights to separate satisfaction acquired by the creditors after the beginning of the day on which the applicant entered into the obligations of overindebted assets shall cease. If the proceedings have been terminated or the application has been rejected or rejected, the right thus expired shall be revived; in that case, the time limit laid down for the termination of the lien acquired by execution on movable matters shall be placed in the legal power of the decision by which the proceedings have been brought to an end. If the right to separate satisfaction has not expired, the court may, for the duration of the proceedings, allow the suspension of the enforcement proceedings if such a measure is necessary to avert the damage to the applicant or creditors.
Claims applications.
(1) The creditors' claims must be registered within the period laid down in the Order, even if they are entitled to exclusion or to separate satisfaction; the deadline is maintained when the application has been submitted in due time to the post office. The costs incurred by individual creditors in participating in the proceedings under this Act may not be used as a claim.
(2) The claims shall be registered according to the condition on the date of the applicant's entry into the commitments; salaries paid to overindebted assets after that date are legally ineffective.
(3) In the application, the amount of the claim and its accessories, the facts on which the claim is based, the class of creditor required for the claim and the evidence by which the claim may be established. Where a dispute or other proceedings is initiated in respect of a claim, the procedural court or the Office and the file mark shall also be indicated; in the case of enforceable claims, be clearly marked with the enforcement title. A separate creditor who seeks payment of the value of the case of an uncovered part of the claim shall indicate in the application the case for which he is entitled to separate satisfaction and indicate to what extent his claim is likely to be paid by that law. If there is a claim for exclusion, the application shall state precisely the case for exclusion instead of the number of the claim.
(4) The application may also be submitted orally. A written application, maybe double. If the creditor has a claim document in his hand, the application shall be accompanied by a duplicate copy of the claim and the original shall be submitted at the request of the court.
(5) Creditors residing or having their registered office abroad are required to appoint an agent in the application for domestic service, otherwise the court may impose it on them at their expense and risk.
(6) Paragraph 2 (4) applies mutatis mutandis if the application does not comply with the provisions of the law.
The effect of the statute of limitations application.
The lodging of a claim in this proceedings shall be suspended; If the application is not complied with, the time limit against the appellant shall be re-opened on the day following the legal authority of the decision terminating the proceedings. However, if the authenticity of the claim in the trial year has been denied, the limitation period shall only be suspended from the date of the application until the end of the period for claiming the claim.
Value of receivables.
(1) A claim which is not due in cash or the amount of which is indefinite shall be applied by value on the date of the applicant's entry into the undertaking. The claim payable in foreign currency shall be applied at the official rate on the same day in the Czechoslovak currency.
(2) Non-adult claims shall be payable if they are non-repayable, but may be applied only by an amount which, with the addition of statutory interest, shall be equal to the full claim from the date of the applicant's entry into the obligation to maturity.
(3) Entitlements for returnees for a certain period of time shall be aggregated and the statutory interest shall be deducted for the period referred to in paragraph 2.
Creditors' and guarantor's claims.
Co-debtors who are jointly and severally liable and are liable for the obligations to be met under this law may, if they are entitled under the general rules to the right of penalty against the appellant, claim amounts which they have paid after the date of the appellant's entry into those obligations or may have to pay in the future as claims conditional upon the creditor failing to fully or partly declare the claim in this proceedings.
Compensation of mutual claims.
The claims which could have been compensated under the general rules at the time of the initiation of the procedure shall be deemed to have disappeared and shall not be registered. However, compensation shall be inadmissible if a party has acquired a mutual claim only after the date of the appellant's entry into the obligations of overindebted assets.
Classes.
(1) The claims to be satisfied under this Act are classified in four classes.
(2) The costs of the present proceedings and the costs until the date of the opening of the procedure for the final insolvency or settlement proceedings for overpaid assets shall be borne by the parties in proportion to the proportion in which the assets are to the total assets concerned by the bankruptcy or settlement. The second class includes the claims referred to in Sections 54, 2 to 4 of the konk., the third class of the claim referred to in Section 55 of the konk. and the fourth class includes all other claims; where these provisions of the bankruptcy order refer to the date of the declaration of bankruptcy, it is for the purposes of this law to understand the date on which the appellant entered into those obligations.
(3) The pledges incurred up to the date of the applicant's entry into the commitments belong to the same class as the claim. A claim in respect of compensation for the payment of a foreign debt belongs to the same class as the debt paid.
List of claims.
(1) The court shall enter the claims applied for on the list separately by class, in each class in the order in which they have reached them. The amounts belonging to the first class shall be determined by the Court of First Instance and may, until a decision is taken, be added to the list at any time.
(2) A second copy of the written applications or an official copy of the applications entered in the Protocol and copies of the annexes together with a copy of the list of claims shall be forwarded by the court to the applicant.
(3) Participants may consult the application, its annexes and the list of claims in court.
The trial year.
(1) Upon expiry of the period for the submission of claims, the court shall determine the trial year and inform the applicant and the creditor thereof.
(2) The applicant is obliged to attend the trial year and, if possible, to provide for the year of the trade book and other notebooks relating to the claims applied for.
(3) During the trial year, the claims applied for shall be examined in the order in which they are entered in the list of claims. The applicant shall be obliged to state for sure the authenticity and class of each claim applied for.
(4) Creditors may deny the authenticity and required class of claims applied for during the trial year and make other presentations.
Estimate.
(1) If, during the trial year, the appellant has been denied the declared general asset price or if otherwise necessary, the court may order an estimate by a court expert. The provisions on estimates in the execution procedure shall apply mutatis mutandis.
(2) The advance on the cost of the estimate must be made by the applicant; the amount of the advance shall be determined by the court.
Likely claims.
(1) If, during the trial year, the authenticity of the claim has been denied, the court shall fix a period of at least one month within which the creditor must request the determination of the contested claim against all the deniers who then form a single party in the proceedings; However, if an enforceable claim has been denied, the person who denied it must exercise the opposition within the prescribed time limit.
(2) The right to determine the contested claim or claim may be relied on only by the legal reason given in the trial year and no amount higher than that indicated therein may be required.
(3) If the claim for determining the contested claim has not been claimed within the prescribed period, the claim shall be deemed not to have been registered in the proceedings; If the time limit for resistance has been missed, the claim shall be payable for the undenied. These consequences should be brought to the attention of the participants when setting the deadline.
(4) Where participants are present during the trial year, the decision referred to in paragraph 1 shall not need to be made out in particular; If it is not, the time limit shall be calculated only from the date of service of the written decision.
Determination of contested claims.
(1) If it is for the courts to decide the case, it is solely the competent court in which proceedings under this law are conducted to examine the claims for the authenticity of the claim and the opposition claimed. Otherwise, the competent authority (authority) shall decide. If the contested claim has previously been opened and the procedure has been interrupted, it shall be continued; However, it only decides on the right to determine the contested claim.
(2) A final decision shall always be taken by the court seised of the class.
(3) The applicable decisions on denied claims are effective against the appellant and all creditors.
Detection of claims.
The result of the trial year and the procedure for determining the contested claim shall be indicated by the court in the list of claims.
Decision.
(1) If, according to the outcome of the trial year, all claims applied for are undisputed or if the period for claiming the contested claim or opposition has expired, the court shall decide on the application. The court will dismiss the motion if there are no legal conditions to comply. If the application is complied with, it shall, in its decision, not be bound by the content of the application, adjust the satisfaction of the claims applied for and determine their maturity in accordance with the following principles:
1. the obligations arising from the creditors' claims to exclude the case from the substance of the overindebted property shall remain unaffected, provided that such claims have not ceased by applying for, nationalisation or nationalisation;
2. the obligations arising out of creditors' claims for separate satisfaction on a particular case shall also remain unaffected, provided that they are covered by the value of that case and that they have not ceased to exist by registration or under Paragraph 5 (2);
3. an adjustment to the satisfaction of other claims shall be made in such a way that their aggregate amount is equal to the difference between the general price of all the assets over-paid and the value of the liabilities which remain unaffected under the provisions 1 and 2. First, the satisfaction of the obligations of the first class shall be adjusted; they shall be decided by the court on its own initiative. If the difference is not exhausted, the satisfaction of the claims belonging to the second class and under the same conditions for other classes shall be adjusted. The claims belonging to the same class shall be in the same order and, if not fully covered, shall be reduced proportionally;
4. an adjustment to the satisfaction of the undertakings belonging to the second to fourth classes shall be made as at the date of the applicant's entry into those undertakings;
5. the maturity of the adjusted claims shall be determined by the court taking account of the appellant's economic possibilities. The amounts attributable to the contested and contingent claims shall be settled on the due date in court. The composition of the court shall have no place where the condition of the untying is met, and the creditor shall give the security specified by the court in case the condition is fulfilled.
(2) The decision referred to in paragraph 1 shall be an enforceable title.
(3) If the claims applied for are not satisfied by the adjustment provided for in paragraph 1, they shall not be against the applicant; the adjustment referred to in paragraph 1 shall have effect only against the appellant.
Amounts released or newly discovered.
If the sums lodged in a court or if new assets appear, the court shall supplement the proceedings and the judgment originally given, it shall proceed in accordance with the principles laid down in Paragraph 18 (1).
The influence of a final decision.
If the decision granting the application is in the power of law, the proceedings interrupted pursuant to Paragraph 4 shall be terminated; an bankruptcy which has not yet been continued pursuant to Paragraph 5 (2) shall be annulled; the settlement proceedings shall be terminated.
General provisions.
(1) An adjustment to the satisfaction of the obligations and to the determination of their maturity under this Act may be requested, even if the appellant's commitment to the Fund of the National Economy has been transferred under Article 3 of the Act of 11 March 1948, No 51 Coll., on the adjustment of certain financial ratios of the national industrial and food enterprises. the decision is also effective against the Fund for the National Economy.
(2) Save as otherwise provided in this law, the rules on legal proceedings shall apply to proceedings under it.
Provisions payable.
The provisions on legal fees in the settlement procedure apply mutatis mutandis to legal fees under this law.
Efficiency and execution.
This Act shall take effect on the day of its publication; to be carried out by the Minister for Justice.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Dr Cap v. r.
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Regulation Information
| Citation | Act No. 273 / 1948 Coll., on the Treatment of Satisfaction and the Determination of the Maturity of Certain Obligations Concerned by Nationalisation and Other Rules |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.12.1948 |
|---|---|
| Effective from | 18.12.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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