Government Decree No. 62 / 1951 Coll.
Regulation on obligations relating to a nationalised property
Valid
Effective from 27.10.1945
62.
Government Regulation
of 10 July 1951
on commitments relating to a nationalised property.
The Government of the Czechoslovak Republic hereby orders, pursuant to § 5 (3) of the Decree of the President of the Republic No. 100 / 1945 Coll., on the nationalisation of certain mines and certain industrial enterprises, as amended by the Regulations amending and supplementing it (Decree No. 107 / 1950 Coll.), under § 5 (3) of the Decree of the President of the Republic No. 101 / 1945 Coll., on the nationalisation of certain food industry enterprises, as amended by the regulations of the latter (Decree No. 109 / 1950 Coll.) and under § 5 (6) of the Act No. 121 / 1948 Coll., on the nationalisation in the construction, as amended by the regulations of the latter (Decree No. 59 / 1951 Coll.):
(1) This Regulation applies to obligations arising from property rights, which were therefore nationalised with the undertaking, that it served or was intended to operate, although it belonged to someone other than the owner of the undertaking.
(2) The commitments referred to in paragraph 1 shall mean liens, burdens and other defects linked to the nationalised property on the date of nationalisation.
(1) A national undertaking to which the assets referred to in Article 1 (1) are incorporated shall enter into the obligations arising from the rights attaching thereto, with the exception of those obligations, on the date of its acceptance,
(a) according to which the property or part thereof is to be transferred to a third party;
(b) resulting from the right of the subscriber,
(c) resulting from a lien on property which is intended to be used permanently by an undertaking;
(d) resulting from rights whose performance would be jeopardised by the operation or performance of the planned tasks of the national undertaking;
(e) which result from rights conferred on the former owner of a nationalised undertaking or on a member of a company of any kind which was owned by or close to the national undertaking;
(f) resulting from legal acts which are intended to harm or make it more difficult to nationalise or introduce property values at the time prior to nationalisation, for which the rules on the inviolable conduct of the owner of the national undertaking apply mutatis mutandis.
(2) Paragraph 1 (c) shall not apply to cases in which the Government authorises an exemption on a proposal from the Minister of Finance, acting in substance.
(3) Whether the commitments referred to in paragraph 1 (d) are made shall be decided by its superior authority on the proposal of the national undertaking.
A national undertaking shall enter into obligations under this Regulation to the extent that the value of the assets incorporated into it is limited, on which the rights of the undertakings correspond; the value of the property means the general price of the property at the date of nationalisation. If the liability is also secured on other assets, the national undertaking shall enter into a part of the liability determined by the ratio of the value of the assets incorporated and the others. If the incorporated property is overpaid by the obligations arising from the rights in which the undertaking enters under this Regulation, the provisions of Sections 5a of Decrees 100 / 1945 Coll. and 101 / 1945 Coll. and § 6 of Law 121 / 1948 Coll. in the wording of the regulations are applicable mutatis mutandis.
In an agreement with the Minister for Finance, the Minister responsible shall amend the enforcement directives for what the national undertaking has already undertaken under a commitment it does not enter into under this Regulation.
The provisions of this Regulation shall apply mutatis mutandis if the property referred to in Paragraph 1 (1) has been entrusted to the administration of bodies in the sectors of heavy industry, light industry, food industry or construction industry, or has been transferred to another minister or entrusted to municipal enterprises or transferred to other legal entities. Where such property has been transferred to other legal persons, the competent authority within the meaning of Article 2 (3) shall be the Ministry of Finance.
The relevant Minister (Ministry) under this Regulation is the Minister (Ministry), whose field of competence includes a national undertaking or a municipal undertaking or another legal person or body entering into obligations arising from rights attaching to property incorporated in them, entrusted to them or transferred to them.
This Regulation shall enter into force on 27 October 1945. They shall be carried out by ministers of heavy industry, light industry, food industry, construction industry and finance in agreement with participating members of the government.
Zaporocký v. r.
Cable v. r.
Kliment v. r.
Jonah v. r.
Dr. Ing.
Ing. Jankovcová v. r.
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Regulation Information
| Citation | Decree of the Government No. 62 / 1951 Coll., on commitments relating to a nationalised property |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.07.1951 |
|---|---|
| Effective from | 27.10.1945 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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