Decree of the Ministry of Justice No. 45 / 1964 Coll.
Decree of the Ministry of Justice implementing certain provisions of the Civil Code
Valid
Effective from 01.04.1964
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45
DECLARATION
Ministry of Justice
of 5 March 1964
implementing certain provisions of the Civil Code
The Ministry of Justice, in agreement with the central authorities involved, provides for the implementation of Sections 85 (2), 161 (2), 169, 184 (a) and (c), 197, 232 (3), 236, 253, 261, 274, 281 (2), 282 (2) and (3), 310 (3), 318, 320, 387 (1), 394 (1), 434 (1), 444, 445, 447 (2), 448 (2), 449 (2) and 491 (2) of the Civil Code:
Payment with cash debt
(K § 85 (2))
(2) The amount of interest on late payments on loans granted by organisations to citizens is governed by Decree No. 47 / 1964 of the Ministry of Finance Coll., on monetary services to citizens.
Small repairs and usual maintenance costs related to the use of non-residential flats and rooms
(K § 161 (2) and § 197)
(1) Small repairs related to the use of non-residential apartments and rooms are repairs of apartments and listed rooms, their accessories and equipment, as well as the replacement of small parts of individual items of equipment or equipment listed in the Annex to this Decree.
(2) Minor corrections shall also be made where the cost of one repair, determined in accordance with the applicable price regulations, of the apartments and rooms with accessories and equipment, as well as the replacement of small parts of individual items of equipment or equipment in the Annex does not exceed 50 CZK. Where more than one repair is carried out on the same subject, the sum of the costs of all such repairs is decisive.
The costs associated with the usual maintenance of non-residential flats and rooms (hereinafter referred to as "normal maintenance costs') are the costs of the work which is normally carried out in the case of longer use, such as painting, including plaster repair, debug, xyllium flooring, grooming and parquet parquet, maintenance of wooden wall linings, repair of built-in furniture (repair and replacement of partitions, locks and coatings).
The user is not obliged to cover the cost of minor repairs and the usual maintenance costs if their need arises before they have taken over the room or if they are incurred as a result of repairs that the organisation is obliged to bear.
If there are no other agreements, users of flats with common accessories shall bear the costs of minor repairs and the usual maintenance costs associated with the use of common accessories in proportion to the number of persons residing in the apartment. Users of non-residential rooms pay these costs according to the ratio of area they use.
(1) The provisions of Sections 2 to 5 also apply to non-residential dwellings and rooms in privately owned houses and to non-residential dwellings in family homes.
(2) The provisions of § 2 to 5 do not apply to non-residential apartments and rooms used by representatives, members and staff of representative offices, international organisations and institutions (§ 75 (a) and (b) of Act No. 41 / 1964 Coll., on the Management of Houses).
Apartment for an organisation worker
[K § 184 (a)]
Homes permanently designed for accommodation of the worker of the organization are corporate apartments, *) apartments built in corporate housing from their own free funds of companies * *) and commercial apartments. * * *)
Use of two apartments
[K § 184 (c)]
(1) The second apartment is not considered to be an individual living room or part of an apartment in a family home which the owner uses for his or her family's recovery or for the treatment of the garden, if he or she resides in a village of more than 5000 inhabitants or is the seat of a district national committee or determined by the district national committee, and the family home is in another municipality. If there is a family house owned by more than one citizen, there is only one room (part of the apartment). †)
(2) The second apartment will cease to be the apartment of two user apartments, which the user will declare to the local national committee that he will continue to use as a single apartment. This is also true if the spouses share two apartments.
The court will not abolish the right to use the second apartment
(a) where two apartments in different municipalities are used by an important scientific or artistic worker who is in need of the second apartment for his work or by a significant public official;
(b) other cases of particular concern.
Late payment
(Articles 169, 232 (3) and 261)
Application of liability rights to organisations
(Articles 236, 253, 274, 281 (2), 310 (3) and 318)
It is sufficient for organisations to exercise the right of liability for defects if the right applies to the establishment of the organisation through which the service was provided.
Unpicked items
(Articles 282 (2) and (3) and 320)
(1) The higher value is a case whose value at the date of conclusion of the service contract exceeds 1000 Kns.
(2) The place and time of the sale of non-recovered items must be declared publicly by the organisation, at least 15 days in advance. If possible, items must be displayed for inspection prior to sale with a price indication.
(3) Things may only be sold at a price determined according to price regulations and, if it is not possible to determine the price, at a price determined by estimation. The price must be paid on receipt in cash. Otherwise, the sale of unrecovered goods is treated in a similar manner to the sale of movable goods in the execution of the decision. † †) Workers of the organisation and their families shall not be allowed to sell the goods.
Interest on cash loans between citizens
(K § 387 (1))
The amount of the agreed interest on borrowing money between citizens may not exceed 2% per year.
Landing part of the apartment
(K § 394 (1))
In order to leave part of the apartment in the house of the folk housing cooperative and the apartment built in the building of uniform agricultural cooperatives, the consent of the organization managing these flats is required; the approval of the authority of the Ministry of Interior is required for the transfer of part of the apartment of the Ministry of Interior.
Liability for damage caused to objects brought or postponed
(K § 434 (1))
Jewelry, money and other valuables are accounted for only up to 1000 CZK.
Average earnings
(K § 445)
(1) The average income of citizens in employment (workers), apprentices, students and pupils, members of single agricultural cooperatives who have not switched to cash remuneration, persons who are working in such cooperatives and who are not working with them, as well as persons called on to serve in the armed forces, shall be determined in accordance with the labour legislation governing liability in accidents at work and occupational diseases. * *)
(2) The average earnings of other working citizens (writers, artists, self-employed peasants, craftsmen, housewives) shall be determined according to the circumstances of the individual case.
Compensation for loss on earnings
Reimbursement of maintenance costs for survivors
Adequate funeral costs
(K § 449 (2))
(1) The reasonable costs of burial shall be determined in accordance with the labour law governing liability in accidents at work and occupational diseases. * * *)
(2) The cost of setting up a memorial or a plaque is paid only up to 5000 CZK.
Housing houses to fulfill the purpose of family houses
(K § 491 (2))
Housing houses that are intended to fulfil the purpose of family houses are considered to fulfil this purpose because of their construction design, their user range or other facts. †)
Efficacy
This Decree shall take effect on 1 April 1964.
Minister:
Dr Neuman v. r.
Annex to Decree No 45 / 1964 Coll.
Sanitary facilities:
fixing of loose sink, closet bowls, mussels, sink, sinks, baths, jug, bidet, closet tanks, mirrors, holder, mailbox, spittoons, console, hanger,
repair, valve replacement - faucet,
repair, change of siphon and fat catcher,
repair of waste and excess flow valve,
battery repair,
fixed or hose shower repair,
Replacement of gaskets,
replacement of chains and stoppers for all articles,
repair, change of hangers, bath holders,
repair, replacement of doors at the exposed bath,
repair, replacement of supports, roses, tiles,
repair, ashtray change, toilet paper boxes, gallery change,
cleaning of contained waste pipes from the apartment only to the sewer sockets,
repair, replacement of the flush load, float ball with lever, parachute wire and lever, seat seat cushion with hatch, passage valve in front of the claset tank, kloset cuffs,
sharpening of parachute saddle,
replacement of gaskets, or pins for valves,
repair of the pressure flush with the exchange of individual small parts,
repair, replacement of protective frames for sinks and sinks.
Electrical equipment:
repair, replacement of switches of all kinds,
fuses and fuses of all kinds,
sockets, buttons, hugs, bell and signalling devices including door, transformer, bell and local batteries, if any, if any,
repair of lighting bodies and, where appropriate, replacement of their components.
Kitchen, room and bathroom stove (for solid fuels):
the implementation of protective coatings,
grill replacement,
repair, change dragged to the grate, eventually the grate bed,
the erasure of the furnace with stoves or with chamotte;
the repair of charting,
modification, erasure and erasure of the furnace,
exchange and replenishment of screws, rivets and so on to the rock skeleton and accessories,
exchange of plates,
fixing and repairing of protective frames,
repair, change of doors,
repair, ashtray replacement,
exchange of smoke pipes and knees,
repair, change of tension regulator,
the erasure of the spasm,
replacement of circular plates for room stove, replacement of mica,
repair of baking pipes and sheets by kitchen stove,
repair of water heaters (stoves).
Gas and electric cookers, gas radiators and portable gas mattes:
the repair of burners,
repair, replacement of gas stoppers,
exchange and replenishment of screws, rivets and other small parts,
repair, replacement of power switches,
repair of plates and ovens,
replacement of a supply cable or hose,
replacement of sheet metal, bakery and grate into the baking oven,
cleaning of gas supply from gas meter to appliances.
Water heaters, gas heaters, instantaneous and electric reservoirs:
repair, membrane replacement,
valves and levers,
pressure pens,
burner control equipment,
tubes and knees for the removal of burnt gases,
cleaning,
the implementation of protective coatings,
repair of heating cartridges,
repair of thermostat.
Heat consumption meters:
repair of individual heat consumption meters in flats.
Ethane heating:
repair, replacement of discharge and discharge valve,
overseal of individual flanges,
repair, replacement of air valve,
the implementation of protective coatings,
the repair of the door,
grill replacement,
exchange of smoke pipes,
the boiler is made up around the door and the casing,
cleaning of the boiler from soot and ash,
adjustment of the valve or cock in the case of heating bodies.
Cooling equipment:
Replacement of charge on the coolant or oil;
lubricating and cleaning the engine and compressor,
Replacement of gaskets,
replacement of a starting capacitor,
replacement of drive belt,
setting of thermostat,
repair, change of supply cable.
Forging and padlocks:
repair, switch of handle, olives, label, buttons, prismatic glass, mailbox, bumpers, interdoor connections, roller shutters, latch, rail hinges, pulleys, ventilation, chains, tiles, locks, locks, locks, keys.
Windows and doors:
window mould,
minor repair, replacement of partitions and glassed doors,
glazing of individual windows,
minor repair, replacement of parts of window parapet lining.
Floors:
repair of loose tiles up to 1,5 m2,
fixing, threshold replacement,
fixing, replacement of floor sheets.
Rolls and blinds:
repair, replacement of retractor,
repair of canvas,
line change,
repair of wooden roller shutters (blinds),
repair of the hinged blind device,
Connecting the bars, changing the mold,
repair of the lock at scissor bars or iron blinds,
pen replacement for iron roller shutters.
Domestic telephones:
repair, change of telephone line,
Microphone and headphone liners,
home phone adjustment.
*) Paragraph 66 of Act No. 41 / 1964 Coll., on Housing Management;
* *) Paragraph 17 et seq. of Decree of the Minister of Finance No 94 / 1959 Ú. l., on the financing, lending and control of cooperative and corporate housing as amended by Decisions No 47 / 1960 Coll. and No 44 / 1961 Coll.
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Regulation Information
| Citation | Decree of the Ministry of Justice No. 45 / 1964 Coll., implementing certain provisions of the Civil Code |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.03.1964 |
|---|---|
| Effective from | 01.04.1964 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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