541/1992 Sb.
CONSTITUTIONAL LAW
of 13 June. November 1992
about the Division of the property of the Czech and Slovak Federal Republic between the Czech
Republic and the Slovak Republic and its transition to the Czech Republic and
The Slovak Republic
The Federal Assembly of the Czech and Slovak Federal Republic
decided on this constitutional law:
Article 1
This Constitutional Act regulates the Division of the property of Czech and Slovak
The Federal Republic between the Czech Republic and the Slovak Republic and
his move to the Czech Republic and the Slovak Republic, as a
the successor States of the Czech and Slovak Federative Republic, and on the
the basis of the decision made by the constitutional that has resulted in the dissolution of the Czech and
Slovak Federal Republic. Further modifies the repeal of the Federal
the national property Fund, the distribution and the transition of its assets to the Fund
the national property Fund of the Czech Republic and the Slovak national property
of the Republic in the case of dissolution of the Czech and Slovak Federal Republic;
pursuant to this constitutional law shall be allocated and assets of State Bank
Czechoslovak.
Article 2
The property of the Czech and Slovak Federative Republic, which is the subject of the
Division according to the article. 1, for the purposes of this constitutional law:
and immovable and movable property) owned by the Czech and Slovak Federal
Republic, ^ 1)
(b)) the State financial assets and liabilities of the Czech and Slovak Federal
Of the Republic,
c) monetary assets, liabilities and reserves of the Czech and Slovak Federal
Of the Republic,
(d)) other property rights and liabilities belonging to Czech and Slovak
Federative Republic and State organizations in the scope of the Czech and
Slovak Federal Republic,
located on the territory of the Czech and Slovak Federal Republic and beyond
This territory.
Article 3
(1) the principles of the Division of the property referred to in the article. 2 are:
and the principle of territoriality), under which passes the property to successor
the State on whose territory it is located; for real estate on the territory of the Czech
Republic and the Slovak Republic shall apply this principle always for things
the movable property is used in cases when these things due to their destination,
the purpose of the use, where appropriate, the nature of the form the real accessories
(b) the principle of the share of the population) of the Czech Republic and the Slovak population
of the Republic, according to which the property is transferred to the Czech Republic and
The Slovak Republic in a ratio of two to one; for use with partitioning
other assets, for which you cannot use the principle referred to in subparagraph (a)).
(2) in the Division of the property of the Czech and Slovak Federal Republic
applying efficiency and conservation the next proper usage of this
assets when fair securities and financial settlement.
(3) the Division of the property of the Czech and Slovak Federal Republic in the
the exceptional cases provided for by the agreement of the Czech Republic and the Slovak
Republic, concluded in accordance with article. 12 paragraph. 1, retains the uniqueness,
contingent upon the functionality of the asset; This agreement also specifies additional
How to use this property, and adjusted and other related issues.
(4) the rights and obligations, which by their content only apply to Czech
Republic or the Slovak Republic, the Czech Republic pass
or the Slovak Republic.
Article 4
Member's quota in the Czech and Slovak Federal Republic in the international
Monetary Fund, as well as financial commitments to the International Monetary
the Fund shall be distributed according to the principle, which specifies the International Monetary Fund.
Capital deposits of the Czech and Slovak Federal Republic in the international
Bank for reconstruction and development, the International Finance Corporation, the multilateral
investment guarantee agency and the International Development Association,
as well as the financial obligations of the Czech and Slovak Federal Republic in the
relation to the financial institutions are divided between the Czech Republic and
The Slovak Republic pursuant to article. 3 (3). 1 (a). (b)), unless
article. 3 (3). 4.
Article 5
(1) the commitments resulting from the previously received financial credit in freely
convertible currencies-central foreign exchange source and the Bank's assets in the
nesměnitelných currencies, led by the československá obchodní Banka, a.s.
divided on the date of dissolution of the Czech and Slovak Federal Republic between the Czech
Republic and the Slovak Republic in accordance with the principle referred to in article. 3 (3).
1 (a). (b)).
(2) provided and received government loans are divided on the date of dissolution of the Czech and
Slovak Federative Republic according to the principle, referred to in the article. 3 (3).
1 (a). (b)), between the Czech Republic and the Slovak Republic, if the
the Government received loans with lenders agreed otherwise and if
Article 8(2). 3 (3). 4.
(3) the agreement on the settlement of the assets referred to in paragraph 2 between the Czech
Republic and the Slovak Republic and closed until the day of dissolution of the Czech and
Slovak Federal Republic shall designate the Czech Republic and the Slovak
Republic, which for each of the republics will be provided and
received government loans to the successor of the Czech and Slovak Federal
Of the Republic.
Article 6
(1) the property referred to in the article. 2 passes to the Czech Republic and Slovakia
Republic on the date of the distribution, which is the day of signing the agreement on the handover and
the takeover of the assets of the agents responsible for the Government of the Czech and Slovak
Federative Republic and the Governments of the republics; part of the agreement is an inventory of the
line of the property on the day of his transition. This agreement is to be concluded
After the entry into force of the decision made by the constitutional that has resulted in the
the demise of the Czech and Slovak Federal Republic.
(2) if the property referred to in the article. 2 goes to the Czech Republic and
The Slovak Republic to the dissolution of the Czech and Slovak Federal Republic
the date of the breakdown of the assets referred to in paragraph 1 shall be transferred to the Czech
Republic and the Slovak Republic in time disappearance of Czech and Slovak
Federative Republic.
(3) the property referred to in paragraph 2 shall be transmitted to the date of the dissolution of the Czech and
Slovak Federal Republic, the competent national authorities and national
the Organization of the Czech and Slovak Federal Republic and transposing it
on this day the relevant State bodies and State organizations of the Czech Republic
and the Slovak Republic, the laws specified national councils, where appropriate, the Government of the
The Czech Republic and the Government of the Slovak Republic; part of the Protocol on the
handing over and taking over the property, which shall be signed by the statutory authorities of the State
authorities and public organizations of the Czech and Slovak Federal Republic,
The Czech Republic and the Slovak Republic, is the preparation of an inventory of the assets to the
the date of the dissolution of the Czech and Slovak Federal Republic. The assets of the Czech and
Slovak Federal Republic situated outside its territory,
pass on the date of dissolution of the Czech and Slovak Federal Republic
agents, the credentials of the Government of the Czech and Slovak Federative Republic, and
transposing it to this day, the credentials of the Government agents of the Czech Republic and
the Government of the Slovak Republic. State authorities of the Czech and Slovak
The Federal Republic is considered for this case and the Office
President of the Czech and Slovak Federal Republic, the Office of the
The Federal Assembly of the Czech and Slovak Federal Republic and the Office of the
the Government of the Czech and Slovak Federal Republic.
(4) the emission Bank of the Czech Republic and the Slovak Republic, the Bank of issue
take on the date of dissolution of the Czech and Slovak Federal Republic
the relevant part of the property, rights and obligations of the Czechoslovak State Bank.
Article 7
Along with the property referred to in the article. 2 passes to the competent State authorities and
the State of the Organization of the Czech Republic and the Slovak Republic, and with this
property of the associated business agenda, the relevant part of the archive, the theoretical
funds and documentation of industrial and other intellectual property.
Article 8
(1) the assets of the Czech and Slovak Federative Republic, which belongs to
the right management of State-owned enterprises under the jurisdiction of the Federation, passes into the
the ownership of the Czech Republic or the Slovak Republic of the
the State enterprise.
(2) If a State enterprise established on the territory of one of the Republic's internal
organizational unit on the territory of the second Republic, the assets referred to
in paragraph 1, which serves the inner organizational management
the unit, to the ownership of the Republic, on whose territory the internal
the organizational unit is located.
(3) the rights and obligations of the founders of the State enterprises in the scope of
the Federation shall pass together with the property referred to in paragraph 1 at the State
the authorities of the Czech Republic or the authorities of the Slovak Republic,
competent under the laws of national councils.
(4) If a State enterprise established on the territory of one of the Republic's internal
organizational unit on the territory of the second Republic, with property
referred to in paragraph 2 and the function of the founder of the State authority of this
Republic, the competent under the law of its National Council.
(5) the agreement of the Czech Republic and the Slovak Republic, closed to the demise
The Czech and Slovak Federative Republic, may, however, in justified
the cases establish that for assets that are used for management
internal organizational units of the State-owned enterprises, which are
on the territory of the second Republic, and for the content of the function of the founder, who is with the
them, the provisions of paragraphs 2 and 4 shall not apply.
Article 9
(1) For the completion of the settlement claims arising by splitting the assets of the Czech
and Slovak Federative Republic between the Czech Republic and the Slovak
Republic, the Commission is hereby set up for the complete settlement of the Czech and
Slovak Federal Republic after the demise of the Czech and Slovak Federal
Of the Republic. This Committee is comprised equally of members nominated by
the Government of the Czech Republic and the Government of the Slovak Republic.
(2) the number of members, the method of the negotiations and the terms of decision making, as well as other
details of the activities of this Commission provides for its status, which shall be issued by
not later than 31 December 2006. December 1992 in the mutual agreement of the Government of the Czech
of the Republic and the Government of the Slovak Republic.
Article 10
(1) From the effectiveness of this constitutional law until the day of dissolution of the Czech and
Slovak Federal Republic cannot be transferred to the Czech Republic and
The Slovak Republic assets of the Czech and Slovak Federal Republic,
which manages the State authorities of the Czech and Slovak Federal
Of the Republic, the State Bank of Czechoslovakia, State enterprises and other State
the Organization of the Czech and Slovak Federal Republic; This also applies to their
equity holdings to other legal persons. Similarly,
You cannot transfer the equity participation of the Czech and Slovak Federal Republic
the business of legal persons.
(2) the provisions of paragraph 1 shall not apply to
and) property that passes to the Czech Republic and the Slovak Republic in the
the context of the changing scope of the Federation and the republics,
(b) transfers of assets within) the normal management,
(c) the transition property pursuant to article). 6 (1). 1.
Article 11
(1) the day of the dissolution of the Czech and Slovak Federal Republic is hereby repealed
The Federal National Property Fund.
(2) the assets that belong to the Federal National Property Fund on the date of
the demise of the Czech and Slovak Federative Republic, from this day on
The national property Fund of the Czech Republic and the national property Fund
The Slovak Republic; for its Division shall apply mutatis mutandis to the provisions of
This constitutional law.
(3) the Protocol on handover and takeover of the assets of the Federal Fund of the national
the property, part of which is the preparation of an inventory of the assets on the date of demise
The Czech and Slovak Federative Republic, President of the Presidium of the sign
Federal the national property Fund, the President of the Presidium of the Fund of the national
the property of the Czech Republic and Chairman of the Presidium of the national property Fund
Of the Slovak Republic.
Article 12
(1) The dissolution of the Czech and Slovak Federal Republic closed the Czech
Republic and the Slovak Republic agreement, the object of which is in particular
taking this commitment to constitutional law in the legal systems of the recipient
States on the date of dissolution of the Czech and Slovak Federal Republic and the common
the interpretation of constitutional law, both parties to the agreement. Part of it is
also the agreement on the conservation of the integrity of the documentation referred to in the article. 7 in the
special cases of interest on its future use, and the agreement on this
the use of the Czech Republic and the Slovak Republic, under the same conditions.
(2) the agreement referred to in paragraph 1, the agreement is also about how decision-making
disputes arising in the Division of the property the Czech and Slovak Federal
Republic on the way arbitration and the commitment of the Czech Republic and
The Slovak Republic, that the arbitral award authority is valid and
enforceable in the territory of the Czech Republic and in the Slovak Republic.
Arbitration body, if so, the agreement of the Republics and the Commission may be
established under article. 9.
(3) the agreement referred to in paragraph 1 shall, in accordance with the provisions of the article. 3
paragraph. 2, and other assets and financial settlement.
Article 13
(1) the repeal of Federal Security information service no later than on the date of
the demise of the Czech and Slovak Federal Republic and its settlement
property and other circumstances provided for by law the Federal Assembly.
(2) the Division of the property of the Czechoslovak television, the Czechoslovak radio,
The Czechoslovak press agency, the Czechoslovak State Railways,
Post and Telecommunications Administration, Prague and the administration of posts and telecommunications
Bratislava and his transition no later than the date of the dissolution of the Czech and Slovak
The Federal Republic, the Czech Republic and the Slovak Republic
Similarly, under this constitutional law shall determine the law of the Federal
the Assembly.
(3) cancellation of the Czechoslovak Academy of Sciences no later than on the date of demise of the Czech
and Slovak Federative Republic and the settlement of its assets and
other circumstances provided for by law the Federal Assembly.
(4) the law of the Federal Assembly may provide by way of derogation from the principles of
According to the article. 3 (3). 1 Division of the property of the Federal Fund market regulation in the
Agriculture.
(5) the Centre of the coupon privatisation Assets shall be distributed on the day of the demise of the Czech
and Slovak Federative Republic between the Center of the coupon privatization
The Czech Republic and the center of the coupon privatisation the Slovak Republic
as follows:
and movable property outside the net) revenue from the sale of coupons according to the spatial
the principle,
(b)) the net proceeds from the sale of coupons at a ratio of two whole twenty-nine hundredths of ku
the one.
The details of the Division of the property of the center of the coupon privatization, the agreement
The Czech Republic and the Slovak Republic closed until the demise of the Czech and
Slovak Federal Republic.
(6) the Division of the property of the Czech and Slovak Federative Republic, which the
It is for the right management of the transit pipeline, the Czechoslovak
Airlines, Čechofrachtu, the former foreign trade enterprises and
their afilacím abroad, and divide the other property of Czech and Slovak
Federal Republic of specified by the agreement between the Czech Republic and
The Slovak Republic, unless it is regulated by special laws,
based on the agreement between the Czech Republic and the Slovak
the Republic of.
Article 14
To the date of the dissolution of the Czech and Slovak Federal Republic is hereby repealed the part of the
the fifth (§ 27 to 40) of Act No. 92/1991 Coll., on conditions for the transfer of assets
State to another person.
Article 15
This constitutional law shall take effect on the date of publication.
Stráský v.r.
v.z. Benda v.r.
1) Article. 4 (4). 4 of the Constitutional Act No. 143/1968 Coll., on Czechoslovak
the Federation, in its constitutional law.
