Decret No. 5 / 1945 Coll.
Decret of the President of the Republic on the nullity of certain property-law negotiations from the time of infreedom and on the national administration of the property values of Germans, Hungarians, traitors and collaborators and certain organisations and institutes
Valid
Effective from 23.05.1945
5.
Decret of the President of the Republic
of 19 May 1945
on the nullity of certain property-law negotiations from the time of infreedom and on the national administration of property values of Germans, Hungarians, traitors and collaborators and certain organisations and institutes.
On the proposal of the Government,
(1) Any property transfers and any property-legal conduct, whether relating to movable or immovable property, public or private, shall be void if it has been concluded after 29 September 1938 under the pressure of occupation or national, racial or political persecution.
(2) The procedure for the exercise of the rights arising from the provisions of paragraph 1 should be adapted by a special decree of the President of the Republic, unless that decree has already taken place.
(1) The property of persons who are statestically unreliable in the territory of the Czechoslovak Republic is placed under national administration according to other provisions of this decree.
(2) The assets transferred by those persons after 29 September 1938 shall also be considered as assets of the State-unreliable, but the acquirer would not have known such assets.
The national administration should be introduced into all enterprises (s) as well as into all assets, where this is required by the smooth running of production and economic life, in particular in establishments, businesses and property which are abandoned or which are in possession, administration, rental or pâté of persons of statewide unreliable.
It is considered to be a statewide unreliable person:
(a) persons of German or Hungarian nationality;
(b) persons who have been active against the state sovereignty, independence, integrity, democratic-Republican state form, security and defence of the Czechoslovak Republic, who have been inciting or other persons of their own volition and deliberately supporting German and Hungarian occupants in any way. For example, it is for such persons to consider members of the Flags, Family Defense, Hlinko Guard, Head of the Association for Cooperation with Germans, the Czech League against Bolshevism, the Kuratorio for the Education of Czech Youth, the Hlinko Slovak Ludova Party, the Hlinko Guard, the Hlinko Youth, the National Employment and Forestry Union, the German-Slovak Society and other fascist organisations of a similar nature.
It is unreliable to consider legal persons whose administration has deliberately and intentionally served the German or Hungarian leadership of war or fascist and Nazi purposes.
A person of German or Hungarian nationality shall be regarded as a person who has, in any census since 1929, applied for German or Hungarian nationality or has become members of national groups or departments or political parties bringing together persons of German or Hungarian nationality.
(1) The following are relevant for the establishment of national administration:
(a) in the case of enterprises and institutions of the National National Committee of the Land in Slovakia, the Slovak National Council,
(b) for mining enterprises in the regions, the competent district national committee, for central authorities of the mining companies the competent Regional National Committee, in Slovakia the Slovak National Council,
(c) for industrial, commercial and other business enterprises:
(aa) for staff up to 20 local national committee;
(bb) for the number of employees from 21 to 300 county national committee,
cc) for a higher number of employees of the Regional National Committee, in Slovakia the Slovak National Council.
In determining the number of employees, normal operation is decided in 1943.
(d) For agricultural and forestry assets:
(aa) at an area of up to 50 ha, the local national committee;
(bb) at an area of more than 50 ha up to 100 ha district national committee;
cc) at an area exceeding 100 ha of the Regional National Committee, in Slovakia the Slovak National Council.
(e) In the case of residential houses and building lots, the local national committee, if the value exceeds 5,000,000 K, the district national committee.
(f) For all other assets
(aa) at a value of up to 500,000 K, the local national committee,
bb) at a value of more than 500.000 K but less than CZK 5 million, the District National Committee,
cc) at a value of more than CZK 5 million, the Regional National Committee, in Slovakia the Slovak National Council.
(g) Where undertakings and assets referred to under (a) to (f) are national competence, the national administration shall establish the competent Ministry in a departmental manner.
(2) Where the estimate of the value of assets [(e) and (f)] placed under national administration is contested, the higher authority shall determine its value definitively.
(3) In municipalities and counties where the Administrative Commission or the Administrative Commissioner has been appointed or will be appointed as national committee, the introduction of national administration falls within their competence.
(1) A decision within the meaning of Article 7 shall be given to the undertakings referred to in Article 7 (a), (b), (c), (d), in agreement with the racing committee (race board) or other representatives of the employees of the undertakings. If no agreement is reached, the higher authority shall decide.
(2) For agricultural and forestry assets exceeding 50 hectares, a decision should also be given after hearing the relevant local national committees.
If there is a risk of delay, in particular if there is an abandoned undertaking, or if there is a State-guaranteed person involved in the property or business, the district national committees are entitled to appoint an interim national administrator in another jurisdiction until the decision of the competent authority within the meaning of § 7.
(1) The responsible Regional National Committee, the Slovak National Council, in Slovakia, may, after hearing the race committee, if the public interest so requires, amend the official decision of the District National Committee or the Local National Committee on the establishment of administration or appointment of national administrators and take other measures.
(2) The competent Regional National Committee, in Slovakia the Slovak National Council, will also take measures to establish a national administration where the district or local national committee could not do so.
The national administration shall be abolished as soon as the reasons for which it was introduced have elapsed. It will be revoked by the authority that introduced it.
(1) Temporary national administration is to be introduced into all cooperative enterprises and organisations (agricultural, consumer, cash, etc.). In addition to the proper management of the undertaking, that national administration shall ensure that the choice of the new management body is made by Sunday, up to 4 Sunday.
(2) Temporary national administration is set up by a local national committee for cooperatives whose competence does not exceed the local area; the district national committee for cooperatives whose jurisdiction exceeds the local area but does not exceed the district area; for all other cooperatives the Regional National Committee, in Slovakia the Slovak National Council.
(3) Before the introduction of temporary national administration, members of the cooperative may be heard.
(4) The temporary national administration shall be terminated as soon as the members of the cooperative have chosen a new administration.
The competent Regional National Committee, in Slovakia the Slovak National Council, can, for serious reasons, also introduce national administration into professional, economic, cultural and interest organisations and institutes.
(1) Decisions on the establishment and abolition of national administrations, provisions and appeals of national administrators must be given in writing.
(2) The copy of the decision is to be delivered to the Regional National Committee in Slovakia to the Slovak National Council.
On the basis of a decision under Paragraph 14, it shall:
(a) for real estate, the competent court of the library registration of the national administration's notes on land books;
(b) in the case of upper authorisations, the competent court or office of registration of the national administration's notes in the upper books or records,
(c) in the case of enterprises (s) registered in the Commercial Register (s), in Slovakia, the competent court of registration of the National Administration Notice in the Commercial Register (s) in Slovakia.
(1) The national administrator is to be designated only by a person with appropriate expertise and practical knowledge, morally fair, and consistently reliable.
(2) As a rule, neither the debtor nor the creditor of the undertaking (s) or the property shall be appointed by the national administrator, unless the authority competent pursuant to Article 7 has reason to decide otherwise.
(3) As a rule, the national administration should be established from the competent staff of the establishment concerned.
(4) The National Administrator may not be appointed a member of the National Committee in accordance with § 7 of the relevant.
(1) For smaller assets, for small enterprises, for smaller business establishments and for smaller business establishments, a single trustee may be appointed for several enterprises or assets.
(2) Where this is required by the scope of national administration, the authority may, pursuant to Article 7, appoint a board of up to 5 members to manage the majority of the administration as national administrator.
Prior to the establishment of the Office, the national administrators of the institution shall, in accordance with Article 7, make an appropriate promise to fulfil their duties conscientiously with the care of the proper economy in accordance with economic, national and other public interests.
In the performance of their duties, national administrators shall have the status of public authorities within the meaning of Section 68. the Act of 27 May 1852, No 117, § 461, Articles V / 1878 and Article 5, Article XI / 1914 respectively.
(1) The legal conduct of the owners, holders and managers of the assets under national administration relating to the substance of those assets and carried out after the entry into force of this decree is invalid.
(2) The owners, holders and managers of the assets under the national administration of the latter are obliged to refrain from any interference with the deliberations of the national administrator.
The national administrator shall manage the assets under the national administration in question, and shall be entitled and obliged to take all the measures necessary in good administration. He is obliged to act with the care of a proper steward, and to be responsible for the damage that would result from neglect of duty.
(1) The national administrator shall be obliged to lodge the accounts of the institution referred to in Article 7 with the competent authority within the time limits specified by that authority and to provide any necessary or requested information and explanations.
(2) The national administrator needs the permission of the authority in accordance with § 7 of the relevant Article for measures which are not related to ordinary management, as well as to all acts of particular importance, rent or smuggled, loans, library loads, liquidation and so on.
(3) The authority referred to in Article 7 shall supervise the management of the national administrator.
(4) The national administrator is obliged to follow the directives given to him by the authority in accordance with § 7 by the competent or superior Regional National Committee, in Slovakia by the Slovak National Council or, in the case of enterprises (s), by the national competent Ministry.
The national administrator shall be entitled to reimbursement of the final expenses and to remuneration, the amount of which shall be determined by the authority responsible pursuant to Article 7. The costs are borne by the substance.
(1) Property under national administration, belonging to workers, peasants, traders, small and medium-sized entrepreneurs, officials, job-holders and persons of similar social status, which have been lost as a result of national, political or racial persecution, should be removed from the national administration and returned immediately to former owners or their heirs, unless they are persons referred to in Article 4.
(2) Also persons referred to in Section 4, paragraph (a) with regard to workers, peasants, traders, small and medium-sized entrepreneurs, civil servants, job vacancies and persons of similar social status, or their heirs, may request the removal of their property from the national administration and its return if they can reasonably prove that they were victims of political or racial persecution and remain faithful to the democratic-Republican state idea of the Czechoslovak Republic.
(3) This shall be decided upon at the request of the authority competent pursuant to Article 7.
(4) Other assets secured will remain under national administration until new legislation.
(1) The decision of the local national committee shall be subject to appeal to the district national committee, which shall act definitively.
(2) An appeal to the Regional National Committee in Slovakia to the Slovak National Council is admissible against the decision of the District National Committee as first instance.
(3) The appeal has no suspensory effect.
If the offence is not more severe, it shall be punishable by a penalty of up to 5 years and a penalty of up to 10 million crowns, or by total or partial seizure of property:
(a) anyone who violates or circumvents the provisions of this Decree, in particular those who abolish or prohibit the legitimate activity of the national administrator;
(b) the national administrator, if intentionally or through gross negligence, has committed one of the duties imposed on him by the previous provisions.
The Government is hereby authorised to provide financing to ensure the operation of enterprises (establishments) under national administration, the operation of which is necessary in the interests of economic life.
(1) This Decision shall take effect on the day of its publication.
(2) The government is responsible for its implementation.
Dr Eduard Beneš v. r.
Zd. Fierlinger v. r.
Gottwald v. r.
Stamp v. r.
David v. r.
Ján Ursiny v. r.
Broad v. r.
Václ. Nosek v. r.
Dr. V. Šrobar v. r.
Pietor v. r.
Dr. H. Rip v. r.
J. Děuriš v. r.
Dr Šoltész v. r. o.
A. Walk v. r.
Freedom v. r.
Inedible
V. Kopecký v. r.
Gen. Hasal v. r.
Frant. Hala v. r.
J. Stránský v. r.
V. Majer v. r.
B. Laušman v. r.
Dr V. Clementis v. r.,
and Min. J. Masaryk.
Lt-Gen Ferjenčík v. r.
J. Lichner v. r.
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Regulation Information
| Citation | Decree No. 5 / 1945 Coll., on the nullity of certain property-law negotiations from the period of infreedom and on the national administration of property values of Germans, Hungarians, traitors and collaborators and certain organisations and institutes |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.05.1945 |
|---|---|
| Effective from | 23.05.1945 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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