Government Decree No. 36 / 1955 Coll.
Regulation delaying the payment and interest of certain monetary liabilities of members of single agricultural cooperatives
Valid
Effective from 01.01.1955
36.
Government Regulation
of 6 July 1955
delaying the payment and interest of certain monetary liabilities of members of single agricultural cooperatives.
The Government of the Czechoslovak Republic orders pursuant to § 15 paragraph 1 of Act No. 12 / 1955 Coll., on the State Plan for the Development of the National Economy of the Czechoslovak Republic for 1955:
(1) The payment and interest of the cash liabilities referred to in Article 2 (1) shall be deferred if:
(a) the debtor is a member of a single agricultural cooperative with a common plant and animal production, which he manages in accordance with the model statutes (hereinafter referred to as the debtor);
(b) the creditor is a socialist legal person (the creditor).
(2) The adjustment does not apply to the liabilities of members of the single agricultural cooperatives for the assets allocated from land reforms and under Act No 148 / 1947 Coll., to claims on insurance and insurance against the National Insurance Company, to claims on the supply of electricity and gas and to the liabilities of the debtor towards the single agricultural cooperative of which he is a member.
(1) The adjustment applies
(a) claims secured by a lien on the immovable property of the debtor carried to the single agricultural cooperative, provided that such property has served the operation of the farmer's agricultural holding or the operation of his business, provided that the operation of that business has taken over the single agricultural cooperative;
(b) claims secured by a lien on a dead and live inventory brought by the debtor to the single agricultural cooperative;
(c) other claims arising from the acquisition of a live and dead inventory which the debtor has brought into the single agricultural cooperative or which have been incurred in connection with the operation of his agricultural holding which he has brought into the single agricultural cooperative;
(d) claims arising from the operation of his trade, provided that his operation is taken over by a single agricultural cooperative;
(e) the arrears of the agricultural tax, where they relate to the property of the debtor entered into the single agricultural cooperative, to the arrears of the trade tax on the trade in which the operation of the single agricultural cooperative took over, to the arrears of the income of the population, where they relate to income from such trade and to the arrears of other taxes and public benefits, where they relate to property brought into the single agricultural cooperative or to the addition of such property.
(2) The adjustment does not apply to cash liabilities which were not incurred in connection with the operation of an agricultural holding or a commercial undertaking introduced into a single agricultural cooperative. Furthermore, the adjustment shall not apply to cash liabilities arising after 1 January 1958.
(3) Payment and interest on cash liabilities incurred before 1 January 1954 shall be deferred for the duration of the debtor's membership of the single agricultural cooperative. This also applies to arrears of inheritance tax and associated real estate charge, even if the inheritance was acquired after that date, as well as to cash liabilities arising from the loan under Act No. 86 / 1946 Coll., on construction renewal, as amended by Act No. 115 / 1947 Coll., even if they arose after 1 January 1954.
(4) The payment and interest on cash liabilities incurred between 1 January 1954 and 1 January 1958, with the exception of those referred to in the second sentence of paragraph 3, shall be postponed until the end of the year in which the debtor entered the single agricultural cooperative, and for three years thereafter, starting from the year following the entry of the debtor into the cooperative, but not less than 31 December 1960.
(1) The deferral of payment and interest applies both to the payment of outstanding cash liabilities due before 1 January 1958 and to future cash liabilities and to the payment of repayments and interest due before 1 January 1958.
(2) The date of entry of the debtor into the single agricultural cooperative, not earlier than 1 January 1955, ceases to be the date on which the debtor is obliged to pay interest on the monetary liabilities referred to in paragraph 1 and which is due for the duration of the deferral of payment and interest referred to in Article 2 (3) and (4).
The deferral of payment and interest shall apply even if the debtor becomes a member of the single agricultural cooperative only after the effective date of this government regulation.
(1) If the creditor considers that the conditions for deferral of payment and interest are not met, he shall propose to the court that the decision be taken.
(2) The general provisions of the Civil Code of the Court, with the exception of the provisions of § § 129 to 131 on costs, shall apply where other provisions do not imply otherwise. The Court of First Instance shall act after oral hearing by order.
In the application pursuant to Article 5, the creditor shall indicate:
(a) the designation of the court and the parties (creditor and debtor);
(b) the time and reason for the commitment;
(c) the original amount of the undertaking and its current balance with the accessories;
(d) for library obligations, the number of the library insert and the cadastral territory;
(e) justifications indicating evidence.
The Court of First Instance shall deliver an application for the initiation of proceedings to the parties and to the agricultural section of the Council of the District National Committee. This section shall be given the opportunity by the court to express itself whenever it is decided whether the debtor's monetary liability is subject to a deferral of payment and interest, including as a preliminary question.
The Court of First Instance shall deliver the decision to the participants, to the agricultural section of the Council of the District National Committee and to the single agricultural cooperative of which the debtor is a member.
(1) On 1 January 1955, or from the date of entry at a later date, the limitation period for such claims shall not run during the period of deferral of payment and interest on cash obligations.
(2) The Court of First Instance shall stay the proceedings in respect of actions where they concern the payment or recovery of cash obligations which have been deferred; the enforcement proceedings, except for execution by the establishment of a lien, shall be annulled by the court.
(1) By the expiry of the deferral period, its final cancellation, or the date on which the debtor ceases to be a member of the single agricultural cooperative, the debtor's obligation to pay cash obligations with the facilities and the interest on those obligations is renewed.
(2) The effects referred to in paragraph 1 shall not arise if, within 30 days of the date on which its membership of the cooperative ends, the debtor becomes a member of the same or other agricultural cooperative with common plant and animal production, which shall be established in accordance with the model statutes.
(3) The debtor is obliged to report immediately to the creditor the day on which he ceased to be a member of the cooperative; until they do so, there is no limitation period.
(1) A member authorised under Paragraph 1 to defer payment and interest on cash liabilities shall not be allowed to pay the sums which, according to the resolution of the member meeting, would be due to him for compensation for the use of land or for payments for both live and dead inventory.
(2) The creditor of the claim whose payment and interest are deferred shall notify the cooperative that he has a claim for his member, the time of his establishment, the original amount and the legal basis for the claim; at the same time, the creditor shall communicate the amount of the claim and the arrears of the interest due until the date of termination of the interest.
(3) The cooperative shall pay directly to the creditor the amounts referred to in paragraph 1 up to the amount of interest and instalments; the details are laid down by the Ministry of Agriculture and Forestry in an agreement with the Ministry of Finance and the central authorities involved.
(1) On a proposal from the Agriculture Department of the Council of the District National Committee, the court shall decide to cancel the deferral of payment and interest on the debtor's cash obligations,
(a) where the debtor has, in a speculative manner, disposed of or disposed of livestock or stocks of seeds and feedingstuffs; or
(b) where the scope of his personal holding is greater than that permitted by the model statutes of the single agricultural cooperative; or
(c) where the debtor continuously avoids working in a cooperative or otherwise intentionally harms the cooperative for no serious reason.
(2) Paragraphs 5 (2) and 8 apply mutatis mutandis to proceedings before a court and service of a judgment.
(3) The postponement of payment and remuneration of the cash obligations referred to in Article 2 (1) (e) may be cancelled by the management authority of the District National Committee before the expiry of the time limits referred to in Article 2 (3) and (4), provided that the debtor's assets and earnings are such that the payment of those obligations would not jeopardise the consumption of the taxpayer and members of his family.
The deferral of payment and interest on cash liabilities shall also apply to the cash liabilities of the minor children of the deceased member of the cooperative until they reach the age in which they may become members of the cooperative.
In agreement with the Minister for Agriculture and the central authorities involved, the Minister for Finance shall adjust the financial consequences for creditors resulting from the implementation of this Regulation.
This Regulation shall enter into force on 1 January 1955; They shall be implemented by the Ministers for Agriculture, Finance and Justice in agreement with the participating members of the Government.
Zaporocký v. r.
Dr Dolansky v. r.
Děuriš v. r.
Smida v. r.
Dr Bartuška v. r.
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Regulation Information
| Citation | Government Decree No. 36 / 1955 Coll., delaying the payment and interest of certain monetary liabilities of members of single agricultural cooperatives |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.08.1955 |
|---|---|
| Effective from | 01.01.1955 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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