Act No. 403 / 1990 Coll.
Law on the mitigation of the consequences of certain property injustices
Valid
Effective from 01.11.1990
403
THE LAW
of 2 October 1990
on the mitigation of the consequences of certain property injustices
The Federal Assembly of the Czech and Slovak Federal Republic decided on this law:
SUBJECT MATTER OF THE ADJUSTMENT
The Act applies to the consequences of property injustices caused by natural and private legal persons by the withdrawal of property rights to immovable property or possibly movable property under Government Decree No. 15 / 1959 Coll., on measures relating to certain items used by socialist sector organisations, pursuant to Act No. 71 / 1959 Coll., on measures relating to certain private household property, and on nationalisation on the basis of measurements of certain sectoral ministries issued after 1955 and referring to the nationalisation provisions of 1948.1) The transfer of property rights under a purchase contract pursuant to § 4 (1) and (2) of Decree-Law No 15 / 1959 Coll.
The mitigation of the consequences of property injustices under this Act consists in the issue of a case to a natural or private legal person who has been withdrawn (the owner) on the basis of the provisions laid down in § 1, the provision of a cash compensation (§ 14) or the issue of a purchase price (§ 15) or the payment of the difference between the cash compensation and the purchase price (§ 16).
Other authorised persons
(1) If the owner has died or has been declared dead, the matter withdrawn shall be given to other beneficiaries in the following order:
(a) heirs of the will, if the effective date of this law has passed;
(b) the children of the owner and his spouse who live on the date of application of this law; If some of the children of the owner are not alive on the effective day of this Act, his children are in his place and his descendants are not alive;
(c) parents of the owner, if the persons referred to in (b) are not alive, who have lived to the date of death of the owner;
(d) siblings who live on the effective date of this law. If one of the siblings does not live on the effective date of this law, the children who live in his place are entitled.
(2) If the persons referred to in paragraph 1 are not, the removal shall be given to the heir of the owner and, if he is not alive, to his living children.
(3) If more than one person is jointly owned by the withdrawn case, the joint owners shall be entitled to share the shares; where one of them does not live, the order of the other in his place of the authorised persons referred to in paragraphs 1 and 2 shall be followed.
ISSUE OF MATTER
(1) The issue referred to in paragraphs 2 and 3 relates to matters which were held by a legal person (hereinafter referred to as the "obliged person ') at the date of application of this law, with the exception of foreign States, foreign-owned enterprises (2) and commercial companies (3) whose members are exclusively natural persons. However, this exception does not apply if it concerns cases acquired from legal persons after 1 October 1990.
(2) Obligatory persons are also natural persons who have acquired a case from a State which has been authorised to dispose of it in the circumstances referred to in Paragraph 1 of the Act, in cases where such persons have acquired the case either in breach of the provisions in force at that time or on the basis of an unlawful advantage to the person of the acquirer, as well as persons close to them, if the case has been transferred to them by those persons.
(1) The obliged person shall immediately issue the case to the entitled person at his written notice.
(2) The debtor and the beneficiary shall draw up an agreement on the issue of the case and on the mutual settlement of claims under this law.
(3) If the property is the subject of an agreement to issue the case, Section 133 (2) of the Civil Code shall apply.
(4) If the debtor fails to fulfil his obligations, the beneficiary may exercise his rights in court.
(1) The owner will add to the written call for a case confirmation by the Regional Authority in whose administrative district the property is located on the withdrawal of the case pursuant to Act No 71 / 1959 Coll. or by the Ministry of Industry on the nationalisation after 1955 or by this Ministry on the nationalisation and its scope and on who the case was removed. Such documents may be replaced by an extract from the land register or other credible document, provided that they contain the legal grounds for withdrawal and the name of the person (s) who has withdrawn the case.
(2) In the case of a transfer of real estate pursuant to Decree-Law No 15 / 1959 Coll., the Regional Office's confirmation of the withdrawal of the case and of who it was withdrawn will be attached to the invitation. Such documents may be replaced in the same way as those referred to in paragraph 1. The invitation shall be accompanied by a certificate:
(a) the regional office of the amount of the amount paid for the case withdrawn to the owner (5) (the amount paid), indicating the organisation which paid it;
(b) The Ministry of Finance as to whether the relevant Ministry of Finance or the relevant Property and Foreign Exchange Administration has been paid extraordinary compensation from the State Budget ("compensation") to whom it has been paid and to what extent.
(3) Other authorised persons shall also attach to the invitation a document certifying their relationship with the owner (§ 3) .6)
(4) If the authorised person is a foreign exchange alien, he shall accompany the call for confirmation by the competent property and foreign exchange management that the property has not been settled by national agreements.
The authorised person shall be obliged to pay within 60 days of the date of conclusion of the agreement:
(a) the amount paid, either to the debtor or to his legal successor;
(b) the indemnity granted to the Ministry of Finance, to which the amount paid shall also be paid, if the compulsory person has disappeared without a legal successor.
In order to apply for a deposit in the Land Register, the beneficiary is obliged to submit to the competent authority of the Republic 6a) proof of the withdrawal of the amounts referred to in Section 7 or, where appropriate, of the conclusion of a repayment agreement.
(1) If there is more than one person entitled, their share of Article 3 of this law is apparent, unless they have agreed otherwise in writing. If, within the period laid down in Paragraph 19, only a few of them claim the case, they shall be given the whole matter.
(2) Persons who claim within the period referred to in Paragraph 19 and whose claims are not met may claim their claims before the court within one year of the date of application of this law against the persons to whom the case was issued.
(1) The case shall be given to the person entitled in the state in which he is present at the date of conclusion of the Agreement. Where, before that date, the obliged entity has negotiated a contract for the supply of works, the reconstruction or modernisation of the immovable property or, where appropriate, another contract relating to the issue, the agreement shall include an arrangement as to whether and to what extent the beneficiary takes over the rights and obligations of the contract.
(2) If the construction is impaired in comparison with its condition at the time of withdrawal to the extent that it cannot be used for housing, production, trade or other services without immediate modification, the person entitled is entitled to cash compensation (§ 14).
(3) If it is a construction which has been substantially assessed by inviting the debtor to issue the property at the date of conclusion of the agreement and determined in accordance with the procedure referred to in Article 19a in excess of the compensation provided for in Article 14 (1), it is up to the authorised person to decide on such compensation or to ask the debtor to issue the property and to pay the Ministry of Finance the difference between the price thus determined and the refund provided for in Article 14 (1). The debtor shall issue the case within 30 days of notification of the amount of his assessment by the Ministry of Finance in the event that the beneficiary decides to issue the case.
(4) The land on which the building was set up only after the land was taken over by the State shall not be issued; the person entitled is entitled to cash compensation (§ 14).
(5) The obliged person shall issue the land on which the construction has been destroyed, except in the case referred to in paragraph 4.
(6) Land for which the right of personal use has been established shall not be issued; the person entitled is entitled to cash compensation (§ 14).
The debtor may not claim any financial or other claim relating to the matter in question against the beneficiaries. The person entitled to the issue of the case may also not make claims against the debtor relating to the issue of the case other than those referred to in this Act. No account shall be taken of the lien and material burdens which have been attached to the case at the time of its removal or at the time of issue.
(1) The date on which the property is taken over shall be the date on which the beneficiary enters into the rights and obligations of the lessor who has concluded an agreement to surrender and take over the apartment or a contract to rent the non-residential space in the occupied property.
(2) Existing users of flats and non-residential premises in issued real estate which are used for:
(a) the activities of diplomatic and consular missions;
(b) the provision of health and social services;
(c) education needs;
(d) the operation of cultural and physical facilities;
(e) occupational rehabilitation and employment of disabled persons;
there is a claim against the beneficiary of the property to the conclusion of an agreement on the use of flats and rental of non-residential premises governed by the provisions of the Civil Code, the Law on the rental and subletting of non-residential premises and the rules relating thereto. The authorised person may terminate the agreement not earlier than 10 years after the date of application of this law. This liability of the beneficiary shall be transferred to all other owners at that time.
(3) If the amount of the rent and the conditions for payment of the rent are not agreed between the beneficiary and the user of the apartment or non-residential premises referred to in paragraph 2, the rent shall be decided by the competent authority of the State administration in accordance with the generally applicable price regulations.
(4) A user of an apartment or non-residential space who has made his own adjustments in accordance with the construction rules, which have been evaluated by the apartment or non-residential premises, shall be entitled to compensation for the evaluation, determined in accordance with the applicable price regulations, from the beneficiary, if the right to use them on the basis of a statement by the owner of the property ends. The debtor shall reimburse the person entitled for the cost of the property depreciation over normal wear.
Issue of movable goods
(1) The right to issue movable property shall be conferred on the person entitled to prove that it has been withdrawn on the basis of the provisions laid down in Article 1 and where it is found at the date of application of this law.
(2) Matters which serve to operate an activity situated in the property being issued must be offered for sale first to the beneficiaries at the balance price, no later than the time limit referred to in Paragraph 19 (2).
MONEY REFUNDS
(1) The Ministry of Finance shall, for the construction which has been demolished and for the property for which the cash compensation is due under Paragraph 10, grant to the person entitled to the request, evidenced in accordance with Paragraph 6, a cash compensation (hereinafter referred to as "compensation"), at the rate fixed on the date of withdrawal, in accordance with the procedure set out in Article 19a, plus 3% of that amount for each year from withdrawal to the date of application of this Act.
(2) The compensation will be reduced by the amount paid [Paragraph 6 (2) (a)] or by the compensation [Paragraph 6 (2) (b)].
(3) The refund granted pursuant to Paragraph 10 (2) shall be further reduced by the price of the property issued, determined in accordance with paragraph 1, calculated on the basis of the condition of the property referred to in Article 10 (1).
(1) The right of such natural persons to issue the purchase price from the obliged person who sold the property or from its legal successor is retained if property was transferred before the application of this law. This does not apply if a natural person has acquired the matter from the State in the manner set out in Paragraph 4 (2) of the Act. In such a case, the property shall be issued to the person entitled, the debtor being entitled to a refund of the purchase price paid when the property was purchased and the payment for the establishment of the right of personal use of the land. This entitlement must be exercised with the competent authority of the State Administration of the Republic.
(2) If a compulsory organisation without a legal successor has disappeared, the beneficiary shall be entitled against the Ministry of Finance. The person entitled to issue the purchase price shall also have the right to purchase the property before the application of this law.
(3) The right of ownership of foreign states, foreign shareholding companies and trading companies, the members of which are solely natural persons, is maintained when transferred to them before 1 October 1990. The entitled person shall be entitled to a refund from the Ministry of Finance.
If the purchase price to which the beneficiaries are entitled under Paragraph 15 is lower than the compensation under Section 14, the Ministry of Finance shall pay them the difference between the refund and the purchase price.
If only one of the beneficiaries has purchased the property, the other shall be entitled against the person who has received the full purchase price to the proportion or to the proportion of the difference between the refund and the purchase price.
A property whose issue of the beneficiary does not constitute an interest within the period laid down in Paragraph 19 (1) shall not be covered by compensation.
(1) For the issue of a case (§ 5) or the purchase price (§ 15), the person entitled may invite the debtor within 6 months of the date of application of this law, otherwise his claim shall cease.
(2) The obliged person is required to conclude an agreement with the authorised person and to issue the case or purchase price to him no later than 30 days after the expiry of the period referred to in paragraph 1 or within the period referred to in Article 10 (3).
(3) Within the time limit referred to in paragraph 1, the beneficiary may invite the Ministry of Finance to grant a refund in accordance with Paragraph 14 or to issue a purchase price in accordance with Section 15 or, where appropriate, to pay the difference in accordance with Section 16.
(4) The Ministry of Finance shall pay the amounts referred to in paragraph 3 no later than one year after receipt of the call.
(5) If the Ministry of Finance fails to fulfil the obligation within the time limit referred to in paragraph 4, the refund shall be increased by 1% for each month beginning from the date of expiry of that period until the date of granting of the refund.
(1) For the valuation of all buildings for the purposes of this Act, Part I., Title of First Decree No. 73 / 1964 Coll. ("the Decree ') shall apply.
(2) The compensation for land which is not recovered is fixed at five times the rates set out in Section 15 (1) (a) of the Decree at the rate applicable to the area of land up to 800 m2, irrespective of its area.
(3) The amount of money to be paid by the beneficiary pursuant to Paragraph 10 (3) shall be determined by the Ministry of Finance at the same time as the deadline for its payment, even where the property has already been issued under this Act.
(4) The method of valuation for the application of the Decree is laid down in individual cases by the Ministry of Finance.
This law also applies to foreign exchange foreign exchange if the matter which should be transferred to its ownership has not been settled by national property agreements.
The necessary costs associated with the granting of compensation to beneficiaries shall be borne by the Ministry of Finance.
(1) The obliged person shall be obliged to treat the goods withdrawn and the movable goods referred to in Article 13 (2) until they are issued to the entitled persons with the care of the proper operator; from the date of application of this Act, it may not transfer these items, their components and accessories to the ownership of another, or transfer them to other uses, except for the surrender and takeover agreements concluded under the exchange agreements.
(2) The right to compensation which would be caused by a person in breach of this obligation remains unaffected by the provisions of Paragraph 11.
(3) If the obligor does not satisfy the rights of the beneficiary under this law within the prescribed period (§ 19 (2)), he is obliged to pay the Ministry of Finance an amount of CZK 3000 for each day of exceeding. If the beneficiary claims a claim before the court, the period shall expire 30 days after the decision has become final.
(1) The costs of drawing up the extradition agreement shall be borne by the debtor.
(2) The notarial and administrative fees relating to the issue of a case under this law are not to be measured.
(3) A person seeking his or her right under this law against a debtor shall be exempt from legal fees.
If the person entitled is not entitled to issue the case within the period laid down in Paragraph 19, the beneficiary shall become a State which shall exercise that right no later than 18 months from the date of application of this law. The procedure for exercising the State's right shall be laid down in a special regulation by the competent authorities of the Republics.
The scope laid down by the Regional Authority under this Act is the exercise of the delegation.
Financial performance obtained by the State under this Act is the income of the State budget.
To be completed
2. Paragraph 125 (2) of the Economic Code, in which the following provision (e) is inserted:
"(e) if there is a contract for the delivery of works, for reconstruction or for modernisation, or for another contract for real estate issued under Act No. 403 / 1990 Coll., to mitigate the consequences of certain property injustices.";
(1) They are repealed.
1. Government Decree No. 15 / 1959 Coll., on measures concerning certain items used by socialist sector organisations;
2. Decree No 88 / 1959 of the Ministry of Finance of the Ú.l. on measures relating to certain items used by socialist sector organisations;
3. Act No 71 / 1959 Coll., on measures concerning certain private property;
4. Decree No. 236 / 1959 of the Ministry of Finance and Justice on measures concerning private property.
(2) After the effective date of this Act, Paragraph 6 (1) of Act No. 118 / 1948 Coll., on the organisation of wholesale activities and on the nationalisation of wholesale enterprises, as amended by Act No. 64 / 1951 Coll., amending and supplementing the provisions on the nationalisation of commercial enterprises, shall not apply.
(3) By concluding an agreement pursuant to § 5 (2) or by the power of law of the judgment (§ 22 (3)), the judgment on withdrawal of the case, issued under the legislation referred to in § 1, shall cease to be in force.
This Act shall take effect on 1 November 1990.
Havel v. r.
Dubček v. r.
CHF
1) Section 3 of Act No. 114 / 1948 Coll., on the nationalisation of certain other industrial and other enterprises and establishments and on the modification of certain relationships between nationalised and national enterprises. Section 3 of Act No. 115 / 1948 Coll., on the nationalisation of other industrial and other manufacturing enterprises and food establishments and on the modification of certain conditions of the nationalised and national enterprises of that field, as amended by Act No. 108 / 1950 Coll., amending and supplementing the provisions on the nationalisation of certain food industry enterprises. Article 6 (1) of Act No. 118 / 1948 Coll., on the organisation of wholesale activities and on the nationalisation of wholesale enterprises, as amended by Act No. 64 / 1951 Coll., amending and supplementing the rules on the nationalisation of commercial enterprises. § 3 of Act No. 120 / 1948 Coll., on the nationalisation of business enterprises with 50 or more active persons. Article 1 (2) of Act No. 121 / 1948 Coll., on nationalisation in construction, as amended by Act No. 58 / 1951 Coll., amending and supplementing the Act on nationalisation in construction. Section 3 of Act No. 123 / 1948 Coll., on the nationalisation of polygraphic enterprises. Section 6 of Act No. 124 / 1948 Coll., on the nationalisation of certain innkeeper and innkeeper enterprises and accommodation facilities.
2) Act No. 173 / 1988 Coll., on an enterprise with foreign shareholding, as amended by Act No. 112 / 1990 Coll.
3) Part Four A of Economic Code No. 109 / 1964 Coll., as amended. Act No. 104 / 1990 Coll., on Equity Companies.
4) § 61 et seq. of Act No. 95 / 1963 Coll., on the proceeding before the state notary (notarial order), as amended.
5) Paragraph 4 (1) of Decree-Law No 15 / 1959 Coll.
6) For example birth or marriage certificate, will.
6a) Act No. 265 / 1992 Coll., on Minutes of Owners and Other Property Rights.
7) Act No. 40 / 1993 Coll., on the acquisition and renunciation of citizenship of the Czech Republic, as amended.
8) Act No. 133 / 2000 Coll., on the registration of residents and birth numbers and on the amendment of certain laws (Act on the registration of residents), as amended.
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Regulation Information
| Citation | Act No. 403 / 1990 Coll., on the mitigation of the consequences of certain property injustices |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.10.1990 |
|---|---|
| Effective from | 01.11.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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