Decree of the Ministry of Finance No. 33 / 1960 Coll.
Order on the national settlement of certain claims under Act No. 38 / 1959 Coll., concerning the People's Republic of Poland
Valid
Effective from 08.04.1960
33
DECLARATION
Ministry of Finance
of 14 March 1960
on the national settlement of certain claims under Act No. 38 / 1959 Coll., concerning the People's Republic of Poland
The Ministry of Finance provides pursuant to Section 5 of Act No. 38 / 1959 Coll., on the modification of certain claims and obligations between Czechoslovak and Polish persons, and on the basis of principles established by the Government:
(1) To the extent and under the conditions laid down in this Decree, compensation shall be granted for Czechoslovak immovable property in the People's Republic of Poland, which was affected by the Polish measure of nationalisation or expropriation or other measure withdrawing or restricting property rights by 29 March 1958.
(2) Czechoslovak immovable property means immovable property owned, on the date of that measure, by natural persons who were Czechoslovak nationals on that day and who, or whose legal successors were Czechoslovak state citizens on 29 March 1958.
(3) Reimbursement is granted only for immovable property, if it has the character of private or private property,
(a) for a family house,
(b) for the economic buildings and land of former small farmers in the People's Republic of Poland, but only to those who are now managing as members of single agricultural cooperatives or as independent small or medium-sized farmers;
(c) for land built by a family house [point (a)], but not more than 800 m2 and for land built by economic buildings [point (b)],
(d) for buildings which served the operation of a small business.
However, no refund shall be granted for such property if no refund is granted in the Czechoslovak Republic in respect of a measure similar to that in the Polish People's Republic.
Reimbursement shall be granted only to the natural persons referred to in Paragraph 1 (2) or to their heirs where such persons (their heirs) were resident in the territory of the Czechoslovak Republic on 21 July 1959; However, no compensation shall be granted to heirs under the law who are not part of the group of persons referred to in § § 526 to 532.
The condition for entitlement to compensation (§ § 1 and § 2) is also that an application has been submitted in due time under the Order of the Ministry of Finance No. 215 / 1959 Ú. l.
The basis for calculating the refund is the information provided in the applications (Section 3), which is examined according to the applicable price and other rules.
For agricultural land, only in the soil shall be reimbursed to the applicant, to the extent that the area of his own land and the land managed by him in the territory of the People's Republic of Poland, provided that such land does not exceed the area of his own land which he has brought to the single agricultural cooperative or has operated in the country itself; However, the refund may not exceed 13 hectares.
Where the applicant has received a national real estate allocation (including agricultural land) in accordance with the relevant rules, account shall be taken of whether the compensation has already been partially or fully compensated by the allocation.
(1) Reimbursement shall be reduced by burdens and debts on the property for which the refund is granted.
(2) The compensation granted shall be deducted from the commitments entered into by the applicant against the Polish State, Polish legal persons, institutes and foundations whose claims have been transferred to the Czechoslovak State before its payment (Section 9). *)
It is for the Ministry of Finance to decide on compensation; on the procedure is governed by Decree No. 20 / 1955 Coll., on the procedure in administrative matters.
The rules on the acquisition of property by private individuals by socialist sector organisations apply mutatis mutandis to the arrangements for reimbursement, payment and release. * *)
This decree shall take effect from the date of its publication.
First Deputy Minister:
Succharda v. r.
*) § 2 (1) of Act No. 38 / 1959 Coll.
* *) Decree No. 206 / 1958 Ú. l.
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Regulation Information
| Citation | Decree of the Ministry of Finance No. 33 / 1960 Coll., on the national settlement of certain claims under Act No. 38 / 1959 Coll., concerning the People's Republic of Poland |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.04.1960 |
|---|---|
| Effective from | 08.04.1960 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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