Act No. 71 / 1959 Coll.
Law on measures relating to private property
Valid
Effective from 14.12.1959
71
Law
of 19 November 1959
on measures relating to private property
The National Assembly of the Czechoslovak Republic decided on the following Act:
Increasing the standard of living of workers also implies a continuous increase in their housing levels. Therefore, at the same time as the implementation of a broad programme of new housing construction, the entire housing fund must be fully exploited and increased under the widest active participation of all working people. However, part of the housing fund is still privately owned, not adequately maintained and does not comply with ever-increasing housing requirements. Since this property is part of national wealth, it is in the interests of the whole society to take care of it as well as national property. In order to achieve this purpose, this law creates the necessary economic and legal assumptions.
(1) This law applies to houses which are owned by natural persons or private legal persons and are wholly or principally intended for housing.
(2) This law does not apply to family houses within the meaning of the housing regulations. It also does not apply to houses which, due to their design, their user range or other facts, are intended to fulfil the purpose of family houses; the details shall be adapted by the implementing rules.
(1) In order to achieve the objectives pursued by this Act, the local national committee may, with the agreement of the owner of the house covered by this Act (hereinafter referred to as "the rental house"), make its adjustment. The adaptation means construction work, extension, superstructure, change of construction, completion of construction, connection to public equipment or maintenance work. The local national committee shall have the rights and obligations of the builder when making the adjustment.
(2) If it is not possible to obtain the consent of the owner, the management authority of the district national committee may decide that the adjustment provided for in paragraph 1 may be made without such consent.
(3) The local national committee, authorised to amend the provisions of the preceding paragraphs, may agree with the Socialist sector organisation to implement the adjustment with the rights and obligations of the builder of the organisation. The Executive Authority of the National Committee may, for the first time, allocate flats obtained from such an adjustment as farm flats within the meaning of the housing management rules to the staff of the organisation which made the adjustment. The implementing rules shall lay down the details, in particular with which organisation and under what conditions the local national committee may negotiate such an agreement.
(1) The local national committee will reimburse the cost of the adjustment from its budget (Section 3).
(2) The owner of the rental house is obliged to pay compensation to the local national committee for the adjustment made. For this claim there is a lien on the rental house, in the order of all other property-binding rights.
(1) For the duration of the lien (Section 4 (2)), the owner may only dispose of the rental house with the approval of the Executive Authority of the District National Committee. The Executive Authority of the District National Committee may authorise the executive bodies of the local national committees to give such consent and determine the scope of such authorisation.
(2) Legal acts contrary to the provisions of paragraph 1 are invalid.
(3) The implementing rules shall specify in which cases the consent referred to in paragraph 1 is not necessary.
(1) If the claim for compensation (Section 4 (2)), together with the other claims of the State Socialist sector organisations secured by a lien on the rental house, exceeds two-thirds of the value of the house before its modification, the management authority of the District National Committee may decide that the rental house, together with the building plot on which it is built, and the garden bordering that land, if it belongs to the owner of the rental house, is transferred to state socialist property.
(2) The rental house with the relevant land (paragraph 1) is transferred to state socialist property from the date on which the decision to transfer ownership becomes legal. From that day on, the former owner of the rental house becomes the tenant of the apartment he uses in the house.
(3) The implementing rules shall specify in which cases, under which conditions and in how the State may settle certain obligations for which it was bound by the property (paragraph 2) of the lien.
The legal situation arising between the national committees and the owner of the rental house under the provisions of Sections 3 to 5 and 6 (1) and the legal situation arising between the local national committee and the organisation of the socialist sector under the provisions of Section 3 (3) shall be decided by administrative procedure.
The Ministry of Finance and the Ministry of Justice shall, in agreement with the central authorities involved, issue the provisions necessary for the implementation of this Act, in particular the provisions implementing the provisions of Section 2 (2), on the procedure (§ 7), on fixing the amount of compensation (§ 4 (2)) and on its enforcement.
The Ministry of Finance is hereby authorised to regulate the management of rental houses covered by Section 5 (1) in agreement with the participating central authorities, or to which the lien rights for claims by state socialist sector organisations, as well as the way in which the lease house arrangements are financed (Section 3).
This Law shall take effect from the date of its publication; It shall be implemented by finance and justice ministers in agreement with the participating members of the Government.
Novotný v. r.
Fierlinger v. r.
Broad v. r.
Děuriš v. r.
Dr Skoda v. r.
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Regulation Information
| Citation | Act No. 71 / 1959 Coll., on measures concerning private property |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.12.1959 |
|---|---|
| Effective from | 14.12.1959 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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