Act No. 56 / 1948 Coll.
State aid law for newlyweds
Valid
Effective from 15.04.1948
56.
Law
of 25 March 1948
on State aid to newlyweds.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
Purpose of the aid.
The purpose of State aid under this Act (hereinafter referred to as "aid ') is to enable newlyweds to establish a family.
Conditions for granting aid.
(1) Aid may be granted to Czechoslovak state citizens who, under this law, marry under the application of this law, provided that the following conditions are fulfilled on the day on which the aid application is lodged (Section 10):
(a) none of the applicants reached the thirtieth year of age;
(b) none of the applicants has the items referred to in Article 12 or the means for which they could be provided, and the persons required to establish a dowry or equipment for the groom under civil law may not provide them with the necessary means;
(c) two more years have elapsed since the date of the marriage.
(2) Persons who intend to marry (hereinafter referred to as "spouses") may be granted aid if they comply with the conditions laid down in paragraph 1 (a) and (b) only on condition that they conclude the marriage within 6 months of the date of the application.
(3) Aid may not be granted to persons in respect of whom the granting of the aid would not be expedient given their life or health status; they are particularly prodigal persons, persons avoiding work, notorious alcoholics, and persons suffering from a disease or defect that endangers the health of the offspring.
(4) There is no legal right to grant aid.
The method of support.
Support depends
(a) in the State guarantee for the loan;
(b) the State contribution.
State guarantee.
(1) The State guarantee is that the State, represented by the Ministry of Social Welfare, guarantees the creditor for the loan, in return for the remuneration, the remuneration and the incidental remuneration and for the payment of the loan with the facilities as provided for in the debenture. The State takes on board an undertaking to pay the amount not received even with interest on late payment until the actual payment and recovery costs, even if the debtor does not comply with the obligations imposed on him by the debtor by the letter of credit, even if he has been reminded by the registered letter. The State guarantee is assumed by the Ministry of Social Welfare in agreement with the Ministry of Finance.
(2) The commitment referred to in the second sentence of paragraph 1 shall be made on the 30th day following the date on which the creditor notified the debtor's delay to the district national committee (§ 10).
The State guarantee can only be taken over in a small way,
1. where the loan is concluded by both spouses or fiancé with a money institution designated under Paragraph 21;
2. If the loan is capable of being amortised by regular quarterly instalments adjusted to begin in the month of January of the year following the year in which the loan was paid and the instalments will be fixed in such a way that the entire loan is repaid no later than 10 years,
3. Where a loan is granted to such an extent that the extent of the loan commitments resulting from the loan does not exceed the financial possibilities of the applicants, assessed on the basis of their assets and earnings at the time of the application, but in any event that the loan amount does not exceed CZK 36.000,
4. where the interest rate does not exceed the rates fixed for other types of loans guaranteed by the State; and
5. if the creditor undertakes that:
(a) they shall not pay out a loan to applicants before they have married;
(b) inform the Regional National Committee that:
And the debtors did not fulfil the obligations imposed upon them by a bond, although they were admonished.
(bb) intends to transfer the guaranteed loan or part thereof;
(cc) debtors have terminated or repaid the guaranteed loan or part thereof,
(c) not to terminate the loan without the permission of the Ministry of Social Welfare or to terminate it at its request, or to request its repayment without notice, according to the debtor's subscription;
(d) allow, on request, debtors, after the birth of the child, to defer repayment of the loan for a maximum period of 1 year.
If the State pays for the guaranteed loan on account of the guarantee, the satisfied creditor shall be obliged to issue to the Ministry of Social Welfare all legal aid and means of securing the loan.
State contribution.
The State contribution is that the State contributes, under the conditions set out in Sections 8 and 9, to the interest rate and amortisation of the guaranteed loan.
(1) The State shall take over the interest of the guaranteed loan until its full payment from the first day of the calendar quarter following the birth of the child to the spouses to whom the guaranteed loan was paid (hereinafter referred to as "spouses").
(2) If a child to whom a State contribution has been granted dies before the full payment of the guaranteed loan, the commitment of the State referred to in paragraph 1 shall cease on the last day of the calendar quarter in which the child died unless the spouses have another child for whom the State contribution has been granted.
(1) For each child born to spouses, the State shall take over one sixth of the original amount of the guaranteed loan from the first day of the calendar quarter following the day on which the child reaches one year of age.
(2) For each child born before the payment of the guaranteed loan and for each child born at the latest one year before the marriage, the State shall take over, from the first day of the calendar quarter following the birth of the child referred to in paragraph 1, the repayment of one sixth of the original amount of the guaranteed loan.
(3) If, at the time of payment of the State contribution referred to in paragraphs 1 and 2, the outstanding balance of the guaranteed loan of one-sixth of its original amount is not reached, the State shall only take over the repayment of the remainder.
Driving.
(1) A joint application for aid shall be made on an official form by the two spouses of the district national committee responsible for the residence of one of them. The model of the official form shall be determined by the Ministry of Social Welfare in agreement with the Ministry of Finance and Health by a decree in the Official Journal.
(2) The District National Committee will examine whether the conditions for granting the aid are met (Section 2). If the conditions are found not to be met, he shall reject the application, otherwise he shall refer the matter to the Ministry of Social Welfare for a decision (§ 4).
The duties of husbands.
From the guaranteed loan provided, the two spouses are bound by a joint and undivided hand, even when the marriage is over.
(1) The spouses are allowed to use guaranteed loans only to provide the items needed to establish their household and children's needs.
(2) The articles referred to in paragraph 1 shall not be considered to be garments and personal linen of spouses and the necessary articles.
(1) The spouses are required to prove to the district national committee within 1 year of the date of payment of the guaranteed loan that they have used it under the provisions of § 12.
(2) The District National Committee may, on reasoned request, extend the period referred to in paragraph 1 by a maximum of 6 months.
(3) If the spouses fail to fulfil the obligation imposed on them in paragraph 1, the Regional National Committee shall notify the Ministry of Social Welfare. The Ministry of Social Welfare will not grant them a State contribution (§ 7), after which it will limit it to the part of the guaranteed loan whose proper use has been demonstrated; the grant of a State contribution (part of it) shall be withdrawn and the spouses shall be obliged to reimburse the State for that reason the amount paid to the creditor. In addition, the spouses will be obliged to repay the guaranteed loan immediately.
The spouses are required to fulfil all the obligations of the guaranteed loan in due time and to prove at any time at the request of the district national committee that they have fulfilled those obligations in good time and properly.
The spouses shall be obliged, until the full payment of the guaranteed loan and with the facilities, to notify the district national committee of all the facts relevant for the granting and duration of the aid and for the repayment and recovery of the loan no later than 30 days after their establishment.
The spouses are obliged to replace the State with all the salaries that the State has made for them for reasons of the State guarantee (§ 4).
Criminal provisions.
Who, in the application or in the procedure for granting the aid, indicates or confirms the incorrect facts which may affect the decision granting the aid,
who will use the guaranteed loans other than those referred to in Section 12;
who withholds the guaranteed loan before the full payment of the guaranteed loan has been made, or who paves it; or
who, within the period laid down in Article 15, will not report a change in his residence or the death of the child to whom a State contribution has been granted,
he will be punished - not more severely criminal - by the District National Committee on Offences by a fine of up to 10,000 CZK or by a prison (lockdown) within 1 month. In the event of non-availability of the fine, a replacement prison sentence (lock-down) shall also be determined according to the degree of guilt within the limits of the free penalty rate.
General and final provisions.
The entitlement of applicants to the payment of the guaranteed loan cannot be affected by execution.
The legal situation between the State and the spouses, which is based on the grant of the aid, is not private law and cannot be decided on by the order of law.
(1) The documents and official acts required for the implementation of this law, provided that they serve exclusively that purpose, are exempt from fees and charges for official acts in administrative matters.
(2) The granting of a State contribution pursuant to § § 7 to 9 is exempt from the tax of donation.
The monetary institutions required to provide guaranteed loans shall be designated by the Ministry of Finance by a decree in the Official Journal.
These ministries in Slovakia exercise their competence under this law through their respective mandates.
This Act shall take effect on the day of its publication; It shall be implemented by the Social Welfare, Finance and Health Ministers in agreement with the Ministers involved.
Dr Beneš v. r.
Gottwald v. r.
Erban v. r.
Dr Dolansky v. r.
Plojhar v. r.
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Regulation Information
| Citation | Act No. 56 / 1948 Coll., on State aid to newlyweds |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.04.1948 |
|---|---|
| Effective from | 15.04.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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