Government Decree No. 97 / 1952 Coll.
Regulation on the abolition of rights in rem on certain parts of national property
Valid
Effective from 01.07.1950
97.
Government Regulation
of 28 October 1952
on the cessation of rights in rem in certain parts of national property.
The Government of the Czechoslovak Republic orders, with the agreement of the President of the Republic, pursuant to § 42 (1) of Act No. 241 / 1948 Coll., on the first five-year Economic Plan for the Development of the Czechoslovak Republic (Five-Year Plan Act), and under § 48 (2) of Act No. 103 / 1950 Coll., on National Industrial Enterprises, Article III of Act No. 148 / 1950 Coll., amending and supplementing the Act on National Transport Enterprises, and § 15 (2) of Act No. 167 / 1950 Coll., on Municipal Enterprises:
(1) The substantive rights (material burdens) on the parts of the assets entrusted to the administration of a national (municipal) undertaking which are intended to be used permanently by that undertaking cease to exist. It does not decide whether the rights in question are library or non-library. Special rules apply to the termination of lien.
(2) This Regulation shall also apply to rights in rem resulting from commitments entered into by a national undertaking pursuant to Government Regulation No 62 / 1951 Coll., on obligations relating to a nationalised property.
Paragraph 1 shall not apply to cases in which the Government authorises an exemption on the basis of a proposal from a minister of substance, as set out in an agreement with the Minister of Finance.
The library rights which cease to exist shall be deleted from the court on a proposal from a national (municipal) undertaking or the competent ministry, referring to this Regulation. The competent Ministry may authorise the authorities or organisations in its field of competence to submit a proposal.
Where the performance of an undertaking resulting from a right in rem, a planned activity or other general interest has served, the district national committee may impose individual obligations on a national (municipal) undertaking within the scope of the obligation to be terminated. However, the District National Committee shall abolish this measure in whole or in part once the performance of the obligations imposed would jeopardise the operation of the national (municipal) undertaking or the performance of its planned tasks.
In an agreement with the relevant ministers, the Minister of Finance shall lay down directives for the enforcement of what the national (municipal) undertaking has carried out in the light of the substantive law which has expired, in the event of a cash refund.
The provisions of this Regulation shall apply mutatis mutandis to the rights in kind in respect of property which has been entrusted to the administration of the bodies to which the provisions of Acts No. 103 / 1950 Coll., No. 148 / 1950 Coll. and No. 167 / 1950 Coll., have been applied, provided that the property is in state socialist ownership.
Reimbursement shall be granted for rights in rem which cease to exist in accordance with the rules on compensation for nationalised property. Reimbursement shall not be granted if, by fulfilling the obligations imposed under Paragraph 4, the needs of the beneficiary can also be met.
The lien rights on the parts of assets in state socialist property which are intended to be used permanently in the production of forest, logging and special services to forestry, health care, state roads, tourism or management of connections cease to exist. Paragraph 1-7 applies mutatis mutandis to the termination of rights in kind other than liens on such property.
This Regulation shall enter into force on 1 July 1950; They shall be carried out by fuel and energy ministers, the metallurgical and ore mines, chemical, heavy engineering, general engineering, light industry, agriculture, forests and timber industry, food industry, information and education, science and art, health, transport, railways, construction industry, national defence, connections, interior and finance in agreement with participating members of the government.
Gottwald v. r.
Zaporocký v. r.
Bílek v. r.
Maj-Gen Dr. Čepice v. r.
Ing. Jankovcová v. r.
Jonah v. r.
Cable v. r.
Kopecký v. r.
Malek v. r.
Maurer v. r.
Dr. Unedible v. r.
Nepomuk v. r.
Dr Neuman v. r.
Nosek v. r.
Plojhar v. r.
Pokorný v. r.
Pospíšil A. v. r.
Pospíšil J. v. r.
Smida v. r.
Ing. Shimonek v. r.
Dr. Nove v. r.
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Regulation Information
| Citation | Government Decree No. 97 / 1952 Coll., on the abolition of rights in rem on certain parts of national property |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.12.1952 |
|---|---|
| Effective from | 01.07.1950 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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