Decree No. 82 / 1945 Coll.
Decret of the President of the Republic on advances for compensation for certain war damage property
Valid
Effective from 10.10.1945
82.
Decret of the President of the Republic
of 28 September 1945
on advances for compensation for certain war damage property.
On the proposal of the Government,
Until the final adjustment to the compensation for war damage (§ 8 (2) of the Decree of the President of the Republic of 31 August 1945, No 54 Coll., on the registration and detection of war damage and damage caused by exceptional circumstances), an advance may be granted from State resources for damages suffered between 30 September 1938 until the end of the war operations by Czechoslovak nationals in the district of the Czech and Moravian-Silesian countries or abroad by damage, theft, introduction outside the state territory, prevention, destruction or other loss of movable or immovable property, if the damage was caused by any war act of a party, its fighting forces or members.
The advance can only be granted for damages (§ 1) which have been applied for, investigated and detected according to the decree of the President of the Republic No. 54 / 1945 Coll., and only to persons who are socially weak and certified,
(a) that they have already taken a replacement for a thing stolen, brought in, taken in, destroyed or lost, after having put the damaged thing into its former state, or that they may obtain such a replacement if they have the necessary material and manpower to establish or restore the matter,
(b) that the immediate re-action (establishment) stolen, brought in, taken, destroyed or lost has been or is strictly necessary in order to restore their existence or to prevent further damage to the economy, and
(c) that the costs of reopening the case cannot be covered by their own resources after it has been put into effect.
Advances for compensation for damages shall be paid in cash, exceptionally also in cases (in nature). Advances in matters may also be granted where an advance is requested in cash and vice versa.
A more detailed advance directive will be issued by the Ministry of the Interior in agreement with the Ministry of Finance and other ministries involved.
(1) The procedure for granting an advance payment for damages shall be established on the application of the injured party or his successor in title, in the case of the person managing the damaged property. The proposal is submitted to the authority (office) for which the damage was claimed (§ 6, paragraph 2 of Decree of the President of the Republic No. 54 / 1945 Coll.).
(2) The application must be accompanied by evidence that the conditions for granting the advance provided for in Article 2 are fulfilled.
(1) The District National Committee shall decide on the granting of an advance if the damage found pursuant to Decree No. 54 / 1945 Coll. 250 000 K does not exceed. Otherwise, the Regional National Committee shall decide. The District and the Regional National Committee shall act definitively.
(2) The payment of the advance granted shall be made by the Regional National Committee.
An advance on compensation shall not give the party a legal right to such compensation. If no compensation is granted for the damage claimed, the party will be obliged to return the advance immediately upon the invitation of the competent national committee (§ 6), unless the national committee provides it with adequate relief on duly substantiated request in cases of special consideration.
The courts, offices and public authorities are obliged to cooperate in the implementation of this decree.
Any person who, in an application for an advance payment for or for damages, knowingly misstatements or in any other way attempts to attract or actually lures out the advance shall be punished, if not by a criminal offence, by the district national penalty committee of up to 50 000 K or by a prison sentence of six months or both. If a fine has been imposed, a replacement prison sentence may be imposed at the same time in the event of its imperfections, depending on the degree of guilt within the limits of the free penalty rate.
This decree takes effect on the day of its publication and applies only in the Czech and Moravian-Silesian countries; It shall be implemented by the Home Secretary in agreement with the Ministers involved.
Dr Beneš v. r.
Fierlinger v. r.
Nosek v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 82 / 1945 Coll., on advances for compensation for some war damage property |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.10.1945 |
|---|---|
| Effective from | 10.10.1945 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0