Act No. 31 / 1947 Coll.
Act on certain principles in the distribution of enemy property confiscated under the decree of the President of the Republic of 25 October 1945, No. 108 Coll., on confiscation of enemy property and National Recovery Funds
Valid
Effective from 17.03.1947
31.
Law
of 14 February 1947
on certain principles in the distribution of enemy property confiscated under the decree of the President of the Republic of 25 October 1945, No. 108 Coll., on confiscation of enemy property and National Recovery Funds.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
General principles for the distribution of confiscated property.
Property property confiscated under Decree No. 108 / 1945 Coll. (hereinafter the confiscation decree) or its components may be combined or distributed by the Housing Office and the National Recovery Fund for economic purposes.
(1) Cash liabilities belonging to the confiscated assets incurred before 10 May 1945 shall be taken over by the National Recovery Fund (hereinafter referred to as the Fund), which shall manage them in a manner and to the extent necessary under the legal provisions to be adopted. In cases of special consideration, the Fund may take such commitments for settlement, even if they arise after 9 May 1945 if they are not due to the allocation.
(2) Other liabilities belonging to confiscated assets may be taken over by the Fund for settlement (paragraph 1), where the nature of the commitment so permits and facilitates the implementation of the allocation procedure.
(3) The acceptance of an undertaking pursuant to paragraph 1 or 2 shall not affect the creditor's right to be satisfied against the debtor or the personal or material liability of third parties for the liability assumed.
(4) The liability of confiscated property for liabilities assumed in accordance with paragraph 1 or 2 shall cease and, where it is registered in public books, the library court shall delete such entries on a proposal from the Fund with reference to that law.
Short rationing.
Small and medium-sized assets (Section 6 (2) of the confiscation decree) shall be allocated for remuneration to eligible tenderers by a reduced allocation procedure, unless they have been or are transferred in a manner adapted by the framework plans.
(1) The following principles shall apply to the reduced allocation procedure:
(a) The establishment of allocation committees (Section 9 of the confiscation decree) and the drawing up of allocation and reimbursement plans (Sections 10 and 11 of the confiscation decree) is excluded.
(b) In the case of small assets on a proposal from the local national committee, in the case of medium assets on a proposal from the district national committee, the settlement office shall decide on the allocation.
(c) The proposal for allocation shall be presented to the competent national committee for public consultation for a period of 15 days. At the same time, the National Committee will draw attention to this interpretation in the usual manner, with the advice that any Czechoslovak citizen or person deemed to be a Czechoslovak citizen may comment on the proposal within that time, under § 1 or § 2 of the Constitutional Act of 12 April 1946, No. 74 Coll., on the granting of citizenship to countrymen returning to their homeland, over 18 years of age.
(d) If the competent national committee fails to submit a proposal for an allocation within the time limit set by the allocation regulation, the proposal shall be made by the superior national committee; If, within a further time limit laid down by the allocation regulation, no such proposal is submitted, the occupancy office shall decide on its own motion.
(e) According to the Council's essential resolutions (§ 3 (3) of the Confiscation Decree), the Seating Authority may, taking into account the comments received, after the observations of the Regional National Committee, Slovakia, the relevant delegates, derogate from the draft national committee concerned, if the conditions laid down in this law, in the relevant framework plan or in the allocation regulation are not fulfilled, or if the relevant reasons for the settlement policy speak.
(f) The Seating Office may carry out allocation procedures gradually by area, type of property and by type of tenderer.
(g) The allocation decision shall be issued by the furniture office to the allocation officer. The surrender will be carried out by the Fund (Section 5, paragraph 1, No 4 of the confiscation decree).
(2) Other principles of the accelerated allocation procedure, as well as details, may be adapted by the allocation regulations prepared by the settlement authorities and issued by the government (§ 6, paragraph 2 of the confiscation decree).
Allocation of small businesses and family homes in the border area.
(1) Unless otherwise specified, small business enterprises, confiscated under a confiscation order in the border territory or in other territorial areas provided for in the relevant allocation regulation (§ 9) - except those designated by the relevant master plan - shall be allocated to their national administrator, family houses under the same conditions as those provided for by the present user, if they so request, within the period laid down by the settlement authority, by means of a decree in the Journal of the Seating Office and the National Recovery Fund and demonstrate that, in addition to the other conditions laid down in the relevant allocation regulation, they fulfil the following conditions:
1. that they are Czechoslovak state citizens or that they are treated as such pursuant to § 1 or § 2 of the Constitutional Act No. 74 / 1946 Coll.,
2. that the Czech, Slovak or other Slavic nationalities, which are legal, national and statewide reliable, and that their family members living with them in the common household are legal and statewide reliable and are not German or Hungarian nationalities; the exceptions as regards family members may be authorised by the Ministry of the Interior, in agreement with the Ministry of National Defence, if not the issue of State reliability. Until such an exemption is decided, the national administration shall remain unchanged if there are no other serious grounds for its appeal. The nationality provisions do not apply to persons named in Sections 1 and 6 of the Act of 19 December 1946, No 255 Coll., of the Czechoslovak army members abroad and of certain other participants in the national struggle for liberation. As regards persons referred to in Paragraph 84 (1) of the Act of 18 July 1946, No 164 Coll., on the care of military and war victims and victims of war and fascist persecution, the provisions on nationality do not apply if they are not nationals of German or Hungarian nationality,
3. if it is a small business undertaking,
(a) that they manage it personally and properly and fulfil the conditions prescribed for its operation; the rules on concessions to obtain specific official authorisations or authorisations remain unaffected;
(b) they shall manage it not later than 1 May 1946; this condition shall not apply provided that, on the day on which the application is submitted, the tenderer is the national administrator of the small business undertaking for which he requests the allocation,
(aa) for persons appointed in § § § 1 and 6 of Act No. 255 / 1946 Coll. and § 84, § 1 of Act No. 164 / 1946 Coll.,
(bb) for the Czechs and Slovaks and members of other Slavic peoples who have (returned) moved to the territory of the Czechoslovak Republic after the liberation of this territory from, or move to, the hostile occupation, either on the basis of or without Czechoslovak official displacement action, when the Ministry of Social Welfare declares, for serious reasons, that they are to be assimilated to the persons who have moved (returned) or move (return) on the basis of an official transfer action,
(c) that, at the latest from the date of the entry into force of this Act, they are resident in the place where the small business enterprise is managed by them or in its immediate vicinity and do not have their own place of residence elsewhere or surrender it in the event of the assignment of a small business undertaking; the condition of residence in the place may be waived to those who could not fulfil it without their own guilt,
4. if it comes to the users of family homes,
(a) are not free;
(b) at the latest from the date of entry into force of this Act, they and their family shall reside in a family home,
(c) they do not have their own apartment elsewhere or they give it up in the event of a family home being allocated,
(d) have a permanent regular job at the place where the family home is situated or in the vicinity of the house;
(e) in the management (use) of the family home, they are doing well with the care of a proper housekeeper.
(2) Where the national administrator of a small business undertaking operates another gainful enterprise, he shall be obliged to give up his business in the event that the small business undertaking managed is allocated to him; if the gainful enterprise is a business undertaking, it is also obliged to waive its prior business authorisation unconditionally. If the user of the family house owns a residential house (a building plot), he shall be obliged to offer it to the occupying office and the National Recovery Fund in case the family home is allocated to him or her, unless he or she transfers it to the property of his or her adult child within the period laid down in the allocation regulation. Exceptions to social considerations for families with multiple children, even minors, are provided for in the allocation regulation. The Seating Office and the National Recovery Fund may take over the property offered to cover the acceptance price. The valuation of the property taken over shall be governed by the same principles as the valuation of the assets assigned. The property thus assumed shall be treated in accordance with the provisions of Part II and III of the confiscation order and under this Act.
(3) A family home may also be allocated to the co-ownership of several tenderers satisfying the conditions of paragraph 1 or to the co-ownership of such applicants and their family members living with them in the common household, if they so request in the application for allocation and if the nationality is not German or Hungarian.
(1) Persons referred to in § § 1 and 6 of Act No. 255 / 1946 Coll., which are not located, or persons referred to in § 84, paragraph 1 of Act No. 164 / 1946 Coll., which are not existently secured (hereinafter referred to as priority candidates), apply for the allocation of small business enterprises to be owned by an official form at the office of residence within the time limit laid down by the Order of that Office, which will be issued in agreement with the Ministry of National Defence and the Ministry of Social Welfare and published in the Official Gazette. However, the Seating Office shall assign a small business undertaking to the priority tenderer only in accordance with the provisions of Section 7, paragraph 7.
(2) The provisions of paragraph 1 shall not apply to priority tenderers who, on the date of application, are at least three months old national managers of a small business undertaking for which they apply for an allocation [§ 5 (1), (3) (b), (aa)].
(1) The national committees are required to report without delay to the settlement office of the national administration of small business enterprises released pursuant to Article 13. The obligation to declare pursuant to Article 11 of Act No. 255 / 1946 Coll. remains unaffected.
(2) The national managers of small business enterprises, released pursuant to Paragraph 13, may be designated only by the priority applicants who have submitted an application pursuant to § 6 (1), first sentence and also comply with the conditions of § 5 (1), (1), (1) and (2), with the consent of the occupying office. Other provisions of national administrators are ineffective.
(3) If, in the manner referred to in paragraph 2, all applicants from the priority candidates are not satisfied with the first sentence, the occupancy office shall issue instructions according to which the national committee responsible shall withdraw the national managers of small business enterprises as established after 1 May 1946 and shall appoint an unsatisfied applicant as such.
(4) Preferential candidates who will not be placed in the proceedings referred to in paragraph 2 or 3 shall be appointed by the competent national committee, as directed by the occupancy office, issued in an agreement with the Ministry of Defence with regard to the Ministry of Social Welfare and after hearing the Regional National Committee - National Managers of Small Business Enterprises (whether or not outside the border territory), as the case may be, of the type requested by the preferred candidate.
(5) In the absence of unsatisfied applicants from the priority applicants, applicants from among other applicants meeting the conditions of Sections 5, 1, 1 and 2, in particular from persons appointed in Section 1 of the Law of 12 April 1946, No 75 Coll., on the granting of economic and legal relief to countrymen returning to their country, in particular from Hungary (hereinafter referred to as the returnees), and only after those from among other applicants, taking into account the provisions of Section 7, paragraph 3 of the confiscation decree, may be appointed to the post of national administrators.
(6) Where a priority applicant or a returnee does not exceed, without serious reasons, the national administration of a small business undertaking where it has been established in accordance with paragraphs 2 to 5, the national administrator of such an undertaking in the border territory shall cease to be entitled to the provision. The opinion will be delivered by the Ministry of National Defence - at the returnees by the Ministry of Social Welfare - in agreement with the Housing Office.
(7) Under the terms of § 5 (1), (1), (3), (1), (3) and (3), a small business enterprise shall be assigned to the national administrator to be owned by an application which may be filed after three months from the provision by the national administrator. The provisions of Section 13 are applicable to small business enterprises which cannot be allocated in this way.
(1) If, in addition to the existing user, a priority candidate who is not a user of that house applies for the allocation of a family home within the time limit laid down in Article 5 (1), the competent national committee shall submit an application to the occupying authority with a proposal for the allocation of a family house and a proposal for a replacement allocation (paragraph 3).
(2) The Seating Office shall assign a family house
(a) a priority tenderer who fulfils the conditions of Sections 5, 1, 1, 1, 2 and 4, points (a), (c), (d) and whose employment is more important in terms of economic construction of the State and in the interest of settlement policy than for an existing user;
(b) otherwise to the user.
(3) A priority applicant or an existing user to whom a family house shall not be allocated in accordance with paragraph 2 shall, after hearing the latter, allocate a replacement allocation, if possible, to a family house other than that for which he has requested, of a residential real estate, or an ideal part of it, or an interest in a limited liability company which will be assigned such property or building land, suitable for the construction of a family house.
(4) Paragraph 7 (6) applies mutatis mutandis.
General and final provisions.
The allocation regulation specifies which territorial areas are border areas within the meaning of this Act. It may also provide that the provisions of Section III shall apply to other territorial areas.
(1) Under this law, small businesses and family houses can also be allocated to legal persons.
(2) The allocation regulation lays down the conditions under which, for serious reasons, a natural person under the authority of a legal person may be given priority to that legal person over the tenderers referred to in Article 5 or Article 8 (2) (a) where the national administrator of a small business enterprise (the user of a family home) has been established.
(1) Only one small business undertaking or family house may be awarded to the same applicant; derogations may be provided for by the relevant allocation regulation.
(2) In the case referred to in Article 5 (3), where more than one of its national administrators (users) have been asked for the allocation of a small business enterprise (family home), and if the case referred to in Article 5 (3) is not taken into account, the allocation shall take into account, in particular, the persons referred to in Article 7 (3) of the confiscation order. The same eligible candidates shall be chosen according to their discretion, taking into account in particular social and family circumstances and improved professional qualifications.
Where an undertaking has been assigned to operate under the applicable (applicable) rules a trade licence or licence, the competent authority (authority) shall at the same time grant the relevant authorisation (trade certificate, concession decree, licence and so on) or authorisation.
(1) National Committees are required to withdraw without delay the national administrator of the confiscated small business enterprises, following the confiscation of family homes which do not comply with the conditions set out in Sections 5, 1, 1, 2 and 3, points (a) and (c), after the case in Sections 5, 1, 2 and 4. If this instruction is not complied with by the competent national committee or the superior national committee within a time limit set by the settlement authority and the national recovery fund, the national administrator shall withdraw the settlement authority and the national recovery fund.
(2) Exemptions from the provisions of paragraph 1 in respect of family houses, necessary for housing measures and measures of cultural, health, social or defence reasons, may be authorised by the occupancy office in accordance with the allocation regulation.
(3) National committees shall notify the occupying office and the National Recovery Fund without delay of all cases where the national administrator of a confiscated small business enterprise has been designated after 1 May 1946.
(1) Trade authorisations or authorisations obtained after 5 May 1945 in respect of the pursuit of a gainful enterprise shall be revoked by the competent Ministry or by the competent authority, on application or after hearing of the occupying office and the competent trade office, if they have been obtained by circumventing the allocation procedure or the business (s) being carried out by means of confiscated property.
(2) The competent Ministry or its authorised office shall examine the granting of trade authorisations or authorisations obtained after 5 May 1945 for the pursuit of a gainful enterprise in the border territory (§ 9) and may, after hearing the relevant trade office, the economic organisation and the settlement office, be revoked if it has been obtained without regard to the economic needs or in contravention of the principles and needs of the housing policy.
(3) The provisions of paragraph 2 shall not apply to trade authorisations or authorisations for the pursuit of gainful enterprises, obtained by preferred tenderers and by those persons who have ceased their former trade authorisations or authorisations as a result of political, national or racial persecution.
(1) The provisions of the confiscation order shall remain unaffected and shall be used in the implementation of the law unless otherwise provided for in that act or in the regulations adopted for its implementation.
(2) The provisions of this Act do not apply to the property referred to in Paragraph 18 of the confiscation decree.
This law will be implemented by all members of the government.
Dr Beneš v. r.
Gottwald v. r.
Dr Zenkl v. r.
Dr Šrámek v. r.
Ursines v. r.
Fierlinger v. r.
Broad v. r.
Masaryk v. r.
Maj-Gen Svoboda v. r.
Dr. Ripka v. r.
Nosek v. r.
Dr Dolansky v. r.
Dr Stránská v. r.
Dr Drtina v. r.
Kopecký v. r.
Laušman v. r.
Děuriš v. r.
Wasted v. r.
Dr Pietor v. r.
Ing. Kopecký v. r.
Hala v. r.
Dr. Unedible v. r.
Dr Procházka v. r.
Majer v. r.
Dr Franek v. r.
Dr Clementis v. r.
Lichner v. r.
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Regulation Information
| Citation | Act No. 31 / 1947 Coll., on certain principles in the distribution of hostile property confiscated under the Decree of 25 October 1945 of the President of the Republic, No. 108 Coll., on confiscation of enemy property and National Recovery Funds |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.03.1947 |
|---|---|
| Effective from | 17.03.1947 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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