Decree of the Ministry of Finance No. 94 / 1965 Coll.

Decree of the Ministry of Finance on National Property Management

Valid Effective from 01.01.1966
94
DECLARATION
Ministry of Finance
of 4 September 1965
on the management of national property
In agreement with all central authorities, the Ministry of Finance provides, pursuant to § 391 (2) of the Economic Code No. 109 / 1964 Coll. (hereinafter "the Code"):

ČÁST PRVNÍ

§ 1
Subject matter and scope of the adjustment
(1) This decree regulates the management of national assets by state socialist organisations and the treatment of claims and rights of state socialist organisations ("organisations').
(2) The national property is all state-owned socialist property (tangible national property) and all claims and other property rights of the State.
§ 2
Basic obligations of organisations in the management of national assets
(1) The organisations are obliged to manage and are fully responsible for the management of national assets with the care of the proper economy. In particular, they are obliged to take all necessary measures to ensure that national assets are preserved, improved, expanded, fully used and effectively deployed, given their social mission. *) In order to protect national property, organisations are required to use all legal means, in particular to seek the protection of the State's property right against unauthorised interference and to exercise the right to compensation for deficits, losses and damages against those responsible, as well as those who have co-caused damage by deliberately or negligently failing to fulfil their obligations to prevent and avert damage.
(2) Organisations are also required to continuously devote the necessary care to intangible national assets, in particular industrial rights (e.g. trademarks, protected designs, patents, licences), and to carry out all necessary measures to ensure the protection and dissemination of such assets in order to prevent losses and abuses.
(3) The proper administration and protection of national assets requires, in particular, that, according to special regulations * *, it is identified, written down, valued and normally kept in the prescribed register.
(4) As owner of immovable national property, the Czechoslovak State shall be entered in the real estate register with an indication of the organisation which manages the property. The organisation shall notify the property manager of the change in ownership or property management within 60 days of its acquisition to the property manager and the documentation for the registration of the changes in that property. * * *)

ČÁST DRUHÁ

Díl I

MANAGEMENT OF HUMAN NATIONAL PROPERTY
Management competence
§ 3
(1) Only state socialist economic and budgetary organisations are entitled to manage national assets. National socialist organisations other than budget or economic organisations are only entitled to administration if they can acquire rights and commit themselves on their behalf. *)
(2) National property shall be managed in principle by the organisation responsible for the tasks for which the assets are wholly or principally used. Where several organisations use immovable national assets, this property shall be considered primarily to serve the organisation which uses the largest part of it relative to other organisations. The authorities in whose jurisdiction it is to remove disputes concerning jurisdiction in the management of national assets (Section 65 (2) of the Code) may, for serious reasons, in particular economic reasons, agree to derogate from these principles.
(3) Where an organisation in the administration has national assets used wholly or mainly by another organisation, both organisations are required to ensure without delay that such assets are transferred to the administration of that organisation which uses national assets wholly or principally.
(4) The National Committee may also have real-estate national assets in the administration, which do not serve the performance of its tasks if they cannot be used by other organisations. In particular, it may have, or, where appropriate, an organisation controlled and designated by it, in the management of houses which are not residential but which are intended to be used in part or in whole by several socialist organisations for the performance of their tasks and are actually used by several organisations, or where the floor area of their residential area is at least one third of the total use area of the building.
(5) Specific provisions apply to the interim management of national assets referred to in § 65 (3) of the Code * *) and to the administration of national reserves. * * *)
§ 4
The organisation must agree in writing which of them will be under management before the construction begins if the organisations pool the means to build the equipment they use together. As a rule, it will be an organisation that can best perform the tasks for which the installation has been built, or an organisation that will mainly contribute to its construction. * * * *)
§ 5
Types of tangible national property
(1) Tangible national assets constitute basic assets, stocks and other items.
(2) The basic means are the items or sets of items, +) which are intended to serve the organisation in the long term for the performance of its tasks and whose purchase price + +) is at least 600 CZK and are not the items referred to in paragraphs 3 and 4. Without regard to the purchase price, the basic means are land (even built), buildings and buildings.
(3) The stocks include items that are consumed in the performance of the organisation's tasks (e.g. basic material, auxiliary material, fuel), items that are generated by the performance of the organisation's tasks (e.g. products, unfinished production), and items that are subject to the performance of the organisation's tasks (e.g. goods). In addition, all animals, small and short-term objects, packaging, spare parts, interchangeable devices, temporary experimental equipment acquired or remaining in connection with the resolution of science and technology tasks (functionally capable of prototypes not yet financed and not activated) are included. + + +)
Small and short-term objects are things that are not used at the same time, and
(a) whose price is less than 600 CZK per item without regard to their fitness (small items);
(b) whose fitness period is less than 1 year without regard to their price (short-term articles);
(c) which are only used for the production of a particular contract, series or type of product without account being taken of their price (special instruments and preparations) and which are not permanent accessories to the base product,
(d) which are used as working clothes, work shoes and bedclothes, irrespective of their price and fitness.
(4) In addition to basic resources and supplies, other items include material national assets, such as unfinished investments, library collections of libraries of the single system, cultural monuments and objects of museum and gallery value, or sets of such items in museums, galleries and monuments, teaching aids, permanent exhibition files as well as other collections which cannot be fully valued according to the accounting rules (other tangible national assets).
(5) Individual central authorities (Regional National Committees) in their field of competence as required
(a) may, for individual types of goods, lower the threshold laid down for basic funds (paragraph 2) below 600 Ccs or, where appropriate, increase that threshold above 600 Ccs, where appropriate, if appropriate, so that goods of the same species or group are always included in basic funds or in small and short-term articles;
(b) define, where appropriate, which items are special instruments and preparations, replacement devices, working clothes, shoes and bedding.
(6) The Ministry of Agriculture, Forestry and Water shall, in agreement with the Ministry of Finance and the competent central authorities, determine when they belong to the basic means of hop, vineyard, fruit and agromeleration crops, windmills and melioratory work.
(7) Specific regulations apply to the classification of construction site facilities as national property. *)
Surplus and unfit assets
§ 6
(1) The surplus is national property that the organisation does not need to carry out its tasks. A part of the property which exceeds the range appropriate to the tasks or needs of the organisation shall also be considered as surplus. Primary resources in the reserve and in the preservation are not considered to be surplus.
(2) The basic funds in the reserve are:
(a) basic funds which are intended to be exchanged for basic funds disposed of as a result of damage or repair (operational reserve);
(b) basic funds excluded temporarily from use which have a permanent production destination for the organisation (capacity and range reserve).
(3) The essential means of preservation shall be those which have been put into preservation by decision of the competent authority. If the preservation is not regulated by specific regulations, *) it shall be decided by the superior central authority or the Regional National Committee for Organisations in its field of competence.
(4) National property which cannot be used for its complete wear or damage, obvious obsolete or obvious inefficiency in operation or for other serious reasons cannot serve its original purpose or destination. Buildings and buildings which cannot be moved and which need to be demolished or cancelled as a result of the planned construction, reconstruction or extension of the building shall also be considered as unfit essential resources; This includes buildings and buildings which, as decided by the building authority or other competent authority, are to be demolished, demolished or disposed of.
§ 7
Management of surplus national assets
(1) The national property decided by the organisation to be surplus will be transferred to the administration of other state socialist organisations (§ 12 et seq.) or to the ownership of a socialist organisation other than the state organisation (§ 15 et seq.). If one of those organisations does not have an interest in it and it is a matter of personal ownership, it may be sold to citizens under the conditions of Paragraph 15 (2) (a). If this is not possible, it shall be treated as unfit property (Section 8).
(2) The organisation may use the synergies of state organisations providing the intermediary service to place surplus movable national assets.
(3) In addition, spare parts (parts), if the organisation has them and does not need them for other maintenance, are to be transferred in the necessary quantities with the excess movable basic equipment.
(4) The surplus real estate national property, for which the social interest requires it to remain in state socialist ownership for future tasks, shall, as a rule, be transferred to the administration of the local national committee, or, if it is agricultural property, to the administration of the district national committee. If the national committee objects to the transfer, the procedure laid down in Paragraph 65 (2) of the Code shall be followed. However, if such property can be managed better and easier by state organisations other than the National Committee, it shall be transferred to its administration.
§ 8
Treatment of unfit national property
(1) National property, which the organisation will decide in writing, or on the basis of an expert socialist organisation's opinion, *) that it is unfit for use and, if it is unable to use it more economically (e.g. as material), transfers it to the administration of other state socialist organisations (§ 12 et seq.) or to the ownership of a socialist organisation other than the state organisation (§ 15 et seq.). * * *) If it is not shown by any of those organisations' interests, in so far as matters which may be the subject of personal property (e.g. property for construction or repair) can be sold to citizens. Paragraph 7 (2) shall apply mutatis mutandis.
(2) Useful buildings and buildings (Paragraph 6 (4)) can only be identified for demolition and the material of the demolition is disposed of in accordance with the preceding paragraph. * * *)
(3) If an unfit item cannot be implemented in accordance with the preceding paragraphs, it shall be determined on a rolling basis.
§ 9
Temporary use of national assets
(1) The organisation may, in whole or in part, delegate national assets which it has in its management and which it does not need to carry out its tasks temporarily to another socialist organisation. It may also leave the property or part of it to another socialist organisation for use only in a specified manner, provided that this does not prevent it from continuing to use the property to the extent necessary for the performance of its own tasks and that the property is better used in the social interest in this way. Things cannot be left to use or easily fit. The payment shall not be granted for the abandonment of the use of the land if the organisation managing it does not have any costs with its administration and operation, or if it does not incur property damage from the abandonment.
(2) The transfer of national assets to the socialist organisation can only become an economic contract. +)
(3) An organisation may, in return for temporary use to citizens + +, for personal use (e.g. temporary placement of a portable holiday cabin or garage, temporary use of a garden), in an absolutely necessary area of land which it has in administration and which it temporarily does not need to carry out its tasks. Landing land for temporary use to citizens can only become a written contract.
(4) For the purpose of settlement in border counties, the district national committee may leave the agricultural land under its administration for temporary use without payment. Under special rules + +), agricultural land may also be used by a state socialist organisation with agricultural or forest production.
(5) Except in the cases referred to in paragraphs 3 and 4, and in addition to lending consumer items to citizens by organisations designated to do so and leaving apartments and rooms managed by state organisations for the personal use of citizens under the Civil Code, organisations may not leave national property to citizens for use. This does not apply to the social use of public facilities by citizens, as well as to the lending of work uppers, protective equipment and other things by organisations to citizens under special regulations. *) This also does not apply to the lending of consumer items intended for this purpose (e.g. books, sports items).
§ 10
Continuous use of national assets
(1) Real-estate national assets with accessories may be surrendered to permanent use (Paragraph 70 (1) of the Code) only to socialist organisations other than state organisations, free of charge.
(2) The transfer of national assets to permanent use is authorised by the district national committee in whose territory the national assets are surrendered. If assets which are not in the administration of the district national committee in whose district it is located are to be transferred to permanent use, they shall be transferred earlier to its administration. For serious reasons, the Ministry of Finance may provide, in particular for the specific nature or mission of certain parts of national assets, that other state socialist organisations may also transfer the national assets which are to be administered to permanent use or, where appropriate, to permanent use which are to be surrendered to their administration.
(3) The user is obliged to keep the transferred property permanently and to ensure that it is maintained in a timely and regular manner by making repairs. Investment changes (e.g. construction, adaptation, extension and superstructure) can be made only with the prior written permission of the organisation that has the assets under management. Any acceptance shall specify whether and to what extent the user has the right to reimbursement of the costs incurred by the managing organisation for investment changes when discontinuing its permanent use. The compensation may not exceed the own costs of acquiring investments less wear and accidental depreciation. Where the costs have been reimbursed directly or indirectly through State resources or have been incurred without prior written acceptance of the organisation which has the assets under management, the costs shall not be reimbursed by the user.
(4) The transfer of national assets to permanent use is carried out by an economic contract. The second sentence of Section 2 (4) shall apply mutatis mutandis to its registration in the real estate register.
(5) The economic contract for the transfer of national assets to permanent use must include:
(a) an accurate description of the national property surrendered (identification of the immovable property by municipality, cadastral territory, partariff numbers, descriptive or registered numbers for buildings and accessories as kept in the real estate register),
(b) the purpose for which the national property is transferred to permanent use and the manner in which it is used;
(c) determination of the date of permanent use;
(d) conditions for the cessation of permanent use.
(6) The Economic Treaty on the surrender into permanent use is established by an agreement between the organisations on the formalities referred to in paragraph 5.
(7) The economic contract shall also specify:
(a) purchase price of the property surrendered, * *)
(b) the general condition of the property and its main shortcomings and defects.
(8) If discrepancies arise in the conclusion of contracts between organisations, their superior bodies deal with them.
(9) The transfer of assets to a permanent user shall be recorded.
§ 11
Personal land use
(1) The decision to assign the land to personal use (§ 198 et seq.) shall be taken by the district national committee in whose district the land is situated.
(2) A land of state socialist property cannot be assigned to personal use if the organisation needs it to carry out its tasks.
(3) If the land is assigned to personal use in the administration of an organisation other than the local national committee, it shall, as a general rule, transfer it to the administration of the local national committee, which shall conclude an agreement with the citizen establishing the right of personal use.
(4) Save as otherwise provided in specific provisions, *) the right of personal use for land in state socialist property shall be established for remuneration. * *)
Transfers of national property management outside normal management
§ 12
(1) Transfers of national property management are only allowed between state socialist organisations.
(2) The management of national assets outside normal management is transferred on a fee, * * *) at a price agreed by the organisation.
(3) However, the administration of national property shall be transferred free of charge if:
(a) land;
(b) the basic funds, stocks and other tangible national assets (Section 5 (4)) transferred between the budgetary organisations involved in the State budget by their revenue and expenditure and managed separately under the approved budgets;
(c) other tangible national property, real estate other than unfinished investments, movable cultural monuments and objects of museum and gallery value in museums, galleries and monuments, if they remain collection items;
(d) buildings and equipment transferred by the investor to the user;
(e) buildings carried out by the interim administration (§ 3 (5)),
(f) matters which the organisation cannot exploit and transfer to the administration of the National Committee (§ 3 (4));
(g) the items transferred by the organisation in the construction of the joint establishment to the organisation which will be under management (§ 4);
(h) matters transferred by the organisation to the National Committee in order to submit them to permanent use (Section 10 (2));
(i) surplus items transferred for school and school management teaching purposes;
(j) cases on which, for serious economic reasons, the Ministry of Finance so provides.
(4) Transfers of management of national assets outside normal management are to be carried out as a rule on the first day of the following month, transfers of management of larger economic units on the first day of the following year. The management of national assets may exceptionally be transferred retroactively only for serious reasons and only on the first day of the month of the current year or on the first day of the current year.
§ 13
(1) Transfers of national property management outside normal management shall be carried out by economic contracts for the transfer of national property management +) or by decisions of superior bodies.
(2) The management of national assets shall be transferred by decision of the superior authorities, which must have substantial formalities such as economic contracts for the transfer of management, if the transfer of assets or assets of particular importance is to take place when the organisation is established, in the reorganisation or, where appropriate, in the transfer of the production programme.
(3) In the cases referred to in the preceding paragraph, the central authorities, the branch headquarters of the trust, the branch undertakings or the body designated by them shall be responsible for the transfer of the management of national property.
(a) their management to subordinate organisations and vice versa;
(b) between subordinate organisations.
(4) The decision referred to in paragraph 1 shall also be the decision of the competent authority in dispute over the jurisdiction of administration (Paragraph 65 (2) of the Code).
(5) Where the transfer of management from one central authority to another central authority is carried out, the decision to transfer the administration shall be taken by the authority from which the management of national assets is transferred in agreement with the other central authority. Similarly, transfers from the field of competence of the Regional National Committee to the central authority or vice versa shall be carried out.
(6) National committees may, by decision taken within the limits of their competence, transfer national assets from the administration of their national committee to the administration of the national committee of a lower degree or to the administration of a subordinate organisation, and vice versa, and between national committees and subordinate organisations. This is without prejudice to specific provisions, *) according to which the Regional National Committees are subject to their decision to transfer the management of national assets to other organisations.
§ 14
The central authorities, the trust branch, the branch companies and the regional national committees do not need approval to conclude an economic contract for the transfer of national property management. Other organisations need approval to conclude such a contract where, taking into account the economic or social importance of the assets transferred, this is determined directly by the superior authority; for national committees of lower grades and organisations managed by national committees of the Regional National Committee.
Transfer of ownership of national assets
§ 15
(1) Property to land can only be transferred if:
(a) the joint ownership of the land, provided that the citizen is simultaneously transferred to the ownership of the building, which may be the subject of personal ownership, and which is built on it;
(b) parts of the land to be assigned to land other than state owned by citizens or, where appropriate, socialist organisations other than state, in small rendering * *;
(c) parts of land which, on the basis of the layout of the zoning plan and, where appropriate, the zoning documents, are to be assigned to existing land owned by citizens intended for the construction of family houses, cottages and gardens or to existing land owned by socialist organisations other than state; the condition for transferring part of the land to citizens is that it is not appropriate to use such part of the land to establish a separate right of personal use of the land,
(d) land transferred between socialist organisations.
(2) Owning of other national assets can only be transferred if:
(a) surpluses of national property, both for foreign trade and for non-state socialist organisations, and for matters which may be privately owned, including citizens;
(b) by means other than surplus, where the transfer is necessary in the social interest, to the organisations referred to in (a);
(c) family houses and similar small buildings (e.g. cabins), in particular for citizens, even if this property is not surplus;
(d) unfit national property, for the organisations and persons referred to in (a);
(e) the case to the joint establishment which, under the Agreement, falls within the ownership of a cooperative or social organisation (paragraph 6);
(f) the exchange of matters between national socialist organisations, on the one hand, and other socialist organisations, on the other.
(3) The provisions of this Order on the conditions for the transfer of ownership and the procedure for the transfer of ownership are not applicable to transfers of national assets owned by socialist organisations other than the State in the normal course of business (in the supply of products and work), to the sale of goods intended for personal consumption to citizens in the course of sales in trade and to the custom service under the Civil Code, and to transfers of ownership of certain goods to citizens under specific regulations (e.g. provision of medicines, school needs for pupils, etc.).
(4) If a State Socialist organisation and cooperative or social organisation are associated with the construction of joint facilities, the provisions of Section 4 shall apply mutatis mutandis. If it is agreed that a joint venture is to be owned by a cooperative or social organisation, the State Socialist Organisation shall, free of charge, transfer to the ownership of that organisation the matter which it provides to the joint venture under the agreement.
(5) The specific provisions on the provision of national immovable property as compensation for the immovable property of citizens and private legal persons who have been contractually or as decided by the competent authorities transferred to socialist property remain unaffected. *)
(6) In cases other than those referred to in the preceding paragraphs, the transfer of ownership of national property shall be inadmissible.
(7) The transfer of ownership of national assets shall be made on a fee basis, at a normal price in accordance with the applicable price regulations. National assets may be transferred for less than the normal price or, exceptionally, free of charge only in the social interest.
(8) The Ministry of Finance determines which buildings and under what conditions organisations may transfer to citizens as family houses. * *)
(9) Only those parts of national property which are designated by the court as directly superior to the compulsory organisation may be affected by the judicial execution of a decision imposing payment of the sum of money. The limitation of the transfer of real estate in national assets pursuant to § 58 of the Act is not permitted.
§ 16
(1) The approval of the Ministry of Finance is required for the transfer of ownership of items of national property worth more than one million Kčs at a normal price or for the free transfer of ownership of items of national property of more than 250 000 Kčs.
(2) In other cases, central authorities, trust branches, branch companies and regional national committees do not need approval to conclude a transfer agreement. Other organisations need the approval of a directly superior body to conclude such contracts; National lower-level committees and organisations of national committees managed by national committees need the approval of the Regional National Committee. The authority authorised to approve such contracts may, taking into account the economic or social importance of the assets transferred, provide that the transfer of such assets shall not be subject to approval or that another authority is competent for approval.
(3) The provisions of the preceding paragraphs shall not affect the jurisdiction of the provisions adopted pursuant to Paragraph 15 (8).
(4) Where the price of the case transferred is determined to determine the jurisdiction of the institution under the preceding paragraphs, the cost of the case shall be that held in the accounts.

Díl II

OBSERVATIONS AND OTHER STATE PROPERTY RIGHTS
§ 17
(1) Where the nature of the case so permits, transfers of the management of claims and other property rights of the State shall take place mutatis mutandis in accordance with Paragraph 13 et seq.
(2) Paragraph 15 (9) applies mutatis mutandis to the admissibility of claims and other property rights of the State by judicial procedure.
(3) If the debtor is late in carrying out the cash debt, the organisation shall be obliged to require the interest specified for the delay, or, where applicable, the default fee or other specified property penalty.
§ 18
Authorisation of instalments and nature
(1) Organisations may authorise debtors, if they are citizens, to make reasonable payments on debtors' claims in writing recognised as to the ground and amount or granted by a final decision of a court or other authority. They may also extend the time limits for payment of claims or payments authorised (natural) if the debtor cannot pay the claim or instalment at the time of its maturity without fault and if its immediate recovery would mean too severe a measure for the debtor.
(2) Repayments may be granted only on condition that the authorisation of instalments ceases to be effective and that the debt becomes payable in full if some instalments are not respected. When authorising instalments or nature, the organisation shall always reserve that it will require higher instalments or authorised instalments, or it shall withdraw natural instalments, in particular if the debtor's property or earnings are improved.
(3) An organisation may waive its right to claim interest on late payments when the debtor fulfils the conditions agreed upon.
§ 19
Pardon
An organisation may, in whole or in part, waive the claim it has received against a citizen if the recovery of the claim would mean a special hardness for the debtor not attributable to it. The waiver of the claim shall not be allowed where the debtor is entitled, for any reason, to a claim against the State or a State organisation, up to the amount of that claim, unless the debtor renounces up to the amount of his undertaking.
Withdrawal
§ 20
(1) If the claim is temporarily inconclusive or inconclusive, the organisation may, for the time being, refrain from enforcing it, but shall continue to ensure that it is not withheld or destroyed and to seek its enforcement. Provisional abandonment of recovery is not permitted if the State Socialist organisation is in debt.
(2) An organisation may permanently waive recovery if:
(a) the claim has been barred; or
(b) the debtor has died and the claim cannot be recovered from its heirs, to which the debtor's liabilities have been transferred (Section 470); or
(c) it is clear from all circumstances of the case that further recovery would not be successful. However, recovery cannot be waived if the debtor is a state socialist organisation, or if the debtor has assets from which the claim cannot be met only because the property is not feasible at the time of recovery.
(3) Furthermore, the organisation may permanently waive recovery of a claim which has not been voluntarily satisfied by the debtor if it cannot be established that the claim continues or cannot be established and there is no basis for the court to determine the amount according to Article 136 of the Civil Code *).
(4) The debtor shall not be informed of the waiver of recovery; * *) the obligation shall not cease by this measure and, if it is legally and has not become silent or has not ceased to exist, it may still be invoked against it after that measure.
§ 21
(1) If a claim of up to 200 CZK for a socialist organisation and up to 100 CZK for another debtor (a minor claim) has not been voluntarily satisfied and the costs associated with its enforcement would be disproportionate to its outcome, the organisation may waive its recovery.
(2) The same debtor may be waived for the same organisation under the previous paragraph only once in the same calendar year, unless the claim for which recovery has been waived and the claim for which recovery is to be waived together does not exceed 200 CZK or 100 CZK respectively.
(3) The central bodies for organisations directly subordinate, branch of trust for undertakings subordinate, branch of undertakings for enterprises associated and regional national committees for national committees of lower degrees and for undertakings subordinate to them may provide that, in general or for certain cases, their authorisations to them under the previous paragraphs are restricted.
§ 22
(1) If the claim against a debtor, other than a socialist organisation, is higher than CZK 250 000, the approval of the Ministry of Finance is necessary for the measures under Sections 19 and 20.
(2) In other cases, central authorities, trust branches, branch companies and regional national committees may take the measures provided for in paragraphs 19 and 20 on the claims in their administration. Other organisations need approval for such measures, provided that this is determined by the directly superior authority; for national committees of lower degrees and organisations, national committees managed by the Regional National Committee.
§ 23
In addition, the measures provided for in Articles 18 to 22 need to be in writing.
§ 24
The operative part of the measure under this Order is the state of the claim with the facilities at the time when the measure is to be taken. For a larger number of claims against the same debtor, the aggregate amount of all claims shall be determined.
§ 25
The provisions of this Order shall apply, unless special provisions *) provide otherwise, mutatis mutandis to measures relating to rights other than claims. The competence of individual organisations for measures on other rights shall be governed by the value of the subject matter of the transaction, expressed in terms of normal price.
§ 26
Securities
Paragraphs 65 and 66 of the Code and Sections 2, 3, 12 to 15 apply mutatis mutandis to the management and handling of securities; Article 17 et seq.
§ 27
Change of contracts, renunciation and recognition of entitlements
(1) The amendment or termination of a contract concluded with a citizen which could cause material damage to the State or organisation is permissible only under the conditions under which the debt may be waived (§ 19). The competence of the authority authorised to approve an amendment or termination of the contract shall be governed by the amount of injury expressed in terms of normal price.
(2) The provisions of paragraphs 18 to 25 also apply to cases where the claim (law) of the State is dealt with in proceedings before a court (e.g. conciliation, withdrawal of the application to initiate proceedings).
(3) The organisation shall be entitled to recognise, in court proceedings, a claim against the State up to the amount by which it is entitled to take the measures provided for in paragraphs 19 and 22 concerning the State's claims.
§ 28
(1) Paragraphs 17 to 24 do not apply to the costs of criminal proceedings, to punishments or fines imposed in those proceedings and to fines imposed by local folk courts.
(2) In the case of claims on taxes, fees, duties and claims on monetary institutions, this Order shall apply only if the special provisions on such claims do not contain a special provision.

ČÁST TŘETÍ

SURVEILLANCE
§ 29

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Regulation Information

CitationDecree of the Ministry of Finance No. 94 / 1965 Coll., on the Administration of National Property
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation23.09.1965
Effective from01.01.1966
Effective until-
Status Valid
The regulation text is for informational purposes only.
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