Act No. 79 / 1948 Coll.
Law amending and supplementing the Law of 16 May 1946, No. 128 Coll., on the nullity of certain property-law acts from the time of non-freedom and on the claims of that invalidity and other interference in property arising from
Valid
Effective from 28.04.1948
79.
Law
of 7 April 1948
amending and supplementing the Act of 16 May 1946, No 128 Coll., on the nullity of certain property-law acts from the time of infreedom and on claims from such nullity and other interference in the assets of the coming.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
Act No. 128 / 1946 Coll. is amended as follows:
1.
"(1) It is for those who have lost their case (rights) or who have been harmed by other invalid legal acts or by their successors in title; the claim cannot be claimed on behalf of him whose residence is unknown, but only if he knows the residence of at least one heir. However, if the entitled person would be statewide unreliable, the State's claim as a property confiscated under the Decree of 25 October 1945 of the President of the Republic, No. 108 Coll., is to confiscate enemy assets and National Recovery Funds. Where a claim is made by a national administration established in enterprises (establishments) and other property assets under the decree of the President of the Republic of 19 May 1945, No 5 Coll., on the nullity of certain property-law negotiations from the period of non-freedom and on the national administration of the property values of Germans, Hungarians, traitors and collaborators, and certain organisations and institutes, in Slovakia under the Decree of the Slovak National Council of 5 June 1945, No 50 Coll. SNR, on the national administration, it is regarded as a person of national reliability. '
2. in Paragraph 6 (1), the third sentence, after the word "bound", the semicolon shall be replaced by a dot and the sentence "public interests shall not be referred to unless the declaration of the Ministry of Justice is made within three months of the date on which the request for recognition of public interests was received by the Ministry of Justice (the judicial authority)." shall be deleted.
3. In Article 6, the following provision is inserted after paragraph 2 as paragraph 3:
"(3) This applies in particular to the return of agricultural property (Section 4 of the Decree of the President of the Republic of 21 June 1945, No. 12 Coll., on confiscation and accelerated distribution of agricultural property of Germans, Hungarians, as well as traitors and enemies of the Czech and Slovak people, Section 2 of the Slovak National Council Decree of 23 August 1945, No. 104 Coll. of SNR, on confiscation and accelerated distribution of agricultural property of Germans, Hungarians, as well as traitors and enemies of the Slovak people), provided that there are in total less than 15 hectares of agricultural land left to whom the claim is against, and
1. the person against whom the claim is directed shall submit a certificate of national reliability - in Slovakia, a certificate of national authority, confirmed by the Regional National Committee, that he did not express himself for Nazism or fascism, nor was he an official of Nazi or fascist organisations, nor worked eagerly in such organisations or organisations as the Nazi or fascist regime, and that he was not otherwise guilty against the interests of the Czechoslovak Republic and the Czech and Slovak peoples, or that the confirmation by the local national committee of the fact that he himself, as an executive farmer on the land, was mainly referred to agriculture, was less than 15 ha, or that the total area of his agricultural land, would be retained by him in return of the amount of the required property, and
2. The beneficiary is not an executive farmer who manages the land returned. "
4. Paragraph 6, paragraph 3, shall be paragraph 4 and Paragraph 6, paragraph 4 shall be paragraph 5.
5. the following sentence shall be added in Paragraph 11 (1):
"The approval of the relevant National Recovery Fund shall be required for the effectiveness of both judicial and out-of-court agreements. '
(1) In the absence of entitlement to the return of industrial and commercial enterprises under the administration of the National Recovery Fund or to which a national administration under the supervision of that Fund has been established, as well as to agricultural assets (Section 4 of Decree of the President of the Republic No. 12 / 1945 Coll., Section 2 of the Slovak National Council Regulation No. 104 / 1945 Coll. SNR), which manages the National Land Fund at the Ministry of Agriculture (in Slovakia mandated to agriculture and land reform), shall be applied within three months of the date on which this Act becomes effective, only compensation under Article III may be requested.
(2) Upon expiry of the period referred to in paragraph 1, the provisions on the distribution of confiscated property may apply mutatis mutandis to the undertakings and agricultural property referred to in paragraph 1.
(1) If the claim for repayment of the case (rights) is directed, pursuant to Article 4 (2) of Act No. 128 / 1946 Coll., against the person who acquired the case (rights) under the rules on the distribution of confiscated property, and not in the cases provided for in Article IV of that Act, it is for him who is entitled under § 4 (1) of Act No. 128 / 1946 Coll., to be entitled instead of the said person against the relevant National Recovery Fund (§ 6 of Act No. 128 / 1946 Coll.).
(2) The compensation for the non-refundable case (law) is payable at the rate of the general price. However, if it is agricultural property which, in the event of recovery, would be subject to the legislation on the organisation of private property to land, serving agricultural production, it shall be the responsibility of compensation for non-returned property at the level laid down by those provisions. The Ministry of Agriculture decides whether such property is concerned and what compensation would be due.
(3) Reimbursement is generally granted in government bonds which the National Recovery Fund will obtain from the Ministry of Finance. The person entitled (§ 4, paragraph 1 of Act No. 128 / 1946 Coll.) is obliged to accept bonds instead of cash transactions.
(4) Where the competent National Recovery Fund provides compensation under paragraph 3, the person who has acquired the goods (rights) under the rules on the distribution of confiscated property may claim the difference between the general price of the case (s) and the price of the acquisition, unless social, settlement or other serious reasons or economic construction of the State prevent it.
(1) If the claim for repayment of a case (s) is directed, pursuant to Article 4 (2) of Law No 128 / 1946, against the person who acquired the case (s) under the rules on nationalisation (its scope, the establishment of and integration into national undertakings, in particular the rules on the distribution of confiscated property) or against the person who acquired the case (s) thus into the final decision on the claim, the person entitled under § 4, § 1 of the Law No 128 / 1946 Coll. requests (Article 10 of the Act No 128 / 1946 Coll.) may only be entitled to determine that he has lost the property (s) to an invalid legal act or to an invalid interference with the property from the time of non-freedom. The compensation and its amount shall then be decided in accordance with the rules on compensation for the nationalised property.
(2) However, if the right to repayment is directed, in accordance with paragraph 1, against a person who has acquired the case (s) or into a final decision on entitlement under the rules on the establishment of national undertakings from other than nationalised property or under the rules on the integration of such substance, if it is not a case (s) which would otherwise be nationalised under the rules on nationalisation and its scope, the person entitled under § 4, § 1 of Act 128 / 1946 Coll. can only claim compensation under § 6 of the Act 128 / 1946 Coll. However, only the Fund for the National Economy is prosecuting the obligation to pay this compensation. This fund shall provide compensation in securities or in cash, mutatis mutandis, in accordance with the provisions of Section 9 of the Decree of the President of the Republic of 24 October 1945, No 100 Coll., on the nationalisation of mines and certain industrial enterprises. This reimbursement shall be paid within six months of the date of service of the judgment addressed to the Fund.
(3) Where the case (s) referred to in paragraph 1 or 2 is concerned, the competent Ministry shall decide.
(1) In cases of special consideration, the State may replace, in whole or in part, a tied deposit (decree of the President of the Republic of 19 October 1945, No 91 Coll., on the renewal of the Czechoslovak currency) against whom the claim for repayment (rights) is directed, the acquisition price of the returned case (s) paid to the Slovak State. Reimbursement shall be decided by the authorising officer responsible in agreement with the authorising officer in accordance with the directives of the Ministry of Finance. The tax due and other public benefits against whom the claim for repayment (right) is directed shall be paid on the basis of the refund granted, provided that they can be paid by transfer from tied deposits.
(2) If the acquisition price of the returned case (s) is in the court deposit, the court shall refer it to the tied deposit of the Complainant, unless the deposit is subject to confiscation and the third party has not been subject to such a deposit.
(3) If the person entitled to repayment (right) is entitled to compensation in cash instead of repayment of the case (right), the State shall reimburse him for the amount which the person against whom the claim is directed as the acquisition price to the Slovak State, after deduction of taxes and other public benefits. As a general rule, the State grants the refund in bonds which it issues under this legal provision, and whoever is entitled to a refund is obliged to accept the bonds instead of cash. Any difference between that acquisition price and the general price shall be borne by the person against whom the claim for repayment (right) is directed.
The provisions of this law shall also be taken into account by the Court of First Instance in the appeal proceedings, including ex officio.
The principles on the granting of compensation in government bonds or in cash and the provisions on the issue, remuneration and redemption of such bonds and on their transferability as well as on the reciprocal settlement of claims arising from the implementation of this Act between the National Recovery Fund, the National Land Fund and the Czechoslovak State, represented by the Ministry of Finance and the Ministry of Agriculture, shall be laid down by the Government by regulation.
The Minister of Justice is hereby authorised to amend and publish in the Collection of Laws and Regulations the full text of Act No. 128 / 1946 Coll., as is apparent from the amendments made by this Act.
This Act shall take effect on the day of its publication; it shall be carried out by all members of the Government.
Dr Beneš v. r.
Gottwald v. r.
Broad v. r.
Laušman v. r.
Zaporocký v. r.
Dr Clementis v. r.
Maj-Gen Svoboda v. r.
Dr. Ševčík v. r.
Dr Gregor v. r.
Nosek v. r.
Dr Dolansky v. r.
Dr. Unedible v. r.
Dr Cap v. r.
Kopecký v. r.
Fierlinger v. r.
Děuriš v. r.
Krajčir v. r.
Petr v. r.
Dr. Ing.
Dr Neuman v. r.
Erban v. r.
Plojhar v. r.
Ing. Jankovcová v. r.
Dr. Šrobár v. r.
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Regulation Information
| Citation | Act No. 79 / 1948 Coll., amending and supplementing the Act of 16 May 1946, No. 128 Coll., on the nullity of certain property-law acts from the period of infreedom and on claims arising from such nullity and other interference in property arising |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.04.1948 |
|---|---|
| Effective from | 28.04.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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