206/1946 Sb.
Government Regulation
on 2 December. December 1947
the property measures and an inventory of assets and entitlements under the peace
the Treaty with Hungary.
The Government of the Czechoslovak Republic ordered pursuant to section 4 of the Act of 14 July.
October 1947, no. 172, Coll., on measures for the implementation of the peace agreements, with the
Bulgaria, Finland, Italy, Hungary and Romania:
§ 1
(1) all property, rights and interests, which are on the territory of the Czechoslovak
and are the property of the Republic of Hungary or Hungarian nationals (hereinafter
"the Hungarian assets"), confiscates the date of publication of this regulation in the
the Czechoslovak State (article 29, paragraph 1, of the peace treaty between the
Powers United and combined on the one hand, and Hungary on the side
the other, signed in Paris on 10. in February 1947, no Sb 192.-hereinafter referred to as
"peace treaty").
(2) any waste with this property, exceeding the limits of the normal
management, is only permitted with the consent of the determining financial
the Office (article 14, paragraph 1); otherwise, it is invalid.
(3) the provisions of paragraph 2 shall not apply to the management of the property of the
confiscated and property znárodněným; rules on assets
konfiskovaném and property znárodněném and the scope of the institutions provided for by
shall remain unaffected.
§ 2
(1) mandatory inventory provided for in this regulation is přihlásiti:
and Hungarian) assets (§ 1, para. 1), and even if it has been subjected to
confiscation, nationalized or put under the national administration;
(b)) and other demands of Czechoslovak State citizens and
legal persons and similar bodies established in the Czechoslovak
Republic (hereinafter referred to as the "Olympic family") and the Czechoslovak
State for Hungary and Hungarian nationals (hereinafter referred to as "the Czechoslovak
claims ");
(c)) from the territory of odvlečený property of the Czechoslovak Republic, which is now in the
Hungary or is held in another country by a person subject to Hungarian
competence (hereinafter referred to as "odvlečený assets"-article 24 the peace treaty);
d) receivables from insurance contracts of any kind, which have been closed
with Hungarian insurance companies or with any representacemi
foreign insurance companies in Hungary, which operated on the Czechoslovak
territory occupied in 1938 and 1939, Hungary, if the insured
event occurred before 15. in September 1945, and the insurance company has so far failed to repay, or
do not pay the indemnity, as well as life insurance policies not in accordance with
the Decree of the President of the Republic, of 20 February. October 1945, no. 95 Coll.
log on deposits and other monetary claims for financial institutions,
as well as life insurance and securities.
(2) for the Hungarian assets to determine the value of the winding-up.
The liquidation value means the amount equal to the proceeds, which was
or you could probably be achieved by allocation of the securities of the subject
or interest, or in the case of a claim (right), by selecting
(realisací). The Czechoslovak claims to find the nominal value
(the rest of the capital with the accessories).
§ 3
(1) the seizure and are not subject to mandatory inventory of the Hungarian assets:
and the Hungarian Government, assets), which is used to konsulárním or
diplomatic purposes;
(b) property belonging to religious organisacím) or private lidumilným
institutions, which is used for religious purposes or lidumilným;
(c) physical persons) property of the Hungarian nationality, having
the residence permit on the territory of the Republic or in the territory of Czechoslovakia
any of the United Nation, in addition to the Hungarian property which was
at any time during the war, subjected to the measures, which are generally not covered by the
the property of Hungarian nationals located in the same territory;
(d) rights in property arising after) to restore trade and financial relations
between the Czechoslovak Republic and Hungary or originated from the arrangement after
20 January 1945;
(e) rights of ownership) literary and artistic (article 29, paragraph 5, of the peace
of the Treaty);
(f) business, as ownership) patents, trademarks, patterns and
below. (article 29, paragraph 4, of the peace treaty);
g) assets, which was Hungary or its nationals on the
the basis of the agreements concluded under the Vienna arbitration of 2 July. November
in 1938, as well as the legal consequences arising from them, relating to the
public insurance, and from the proceeds of the assets stored or the proceeds of the
assets (article 25 of the Treaty);
(h)), the assets of persons who were at the time, when the cast part
Czechoslovak territory of Hungary, members of the Czechoslovak Republic,
as well as the assets of the persons covered by the agreement between Czechoslovakia and the
Hungary on the exchange of population.
(2) Mandatory inventory of the Czechoslovak claims are not subject to the claims of
on the compensation for the damage caused by military operations or Hungarian
occupation.
(3) Mandatory inventory of the insurance contracts are not further subjected to insurance
the contracts, which were concluded with Hungarian insurance companies or with
representacemi by any foreign insurance companies in Hungary, which
operated on the Czechoslovak territory occupied in 1938 and 1939
Hungary, distinction, life insurance as referred to in § 2, para. 1, point (a). (d)).
§ 4
The value of the Hungarian assets, the Czechoslovak claims, as well as the rights and
claims under section 2, para. 1, point (a). (d)) shall be measured in accordance with the State of the 15.
September 1947, the value of the asset is determined according to the abducted man's last State of the
deportation.
§ 5
The application for the inventory shall be made on forms, whose čtyřmo pattern
the Ministry of the Interior shall establish, in agreement with the Ministry of finance.
§ 6
(1) the Hungarian assets is required to přihlásiti the owner (owner,
the creditor, true), and in the case of Hungarian assets confiscated or
nationalized, its former owner.
(2) If a Hungarian assets from claims or other rights, is
the application shall also be a debtor (obligated), when the Czechoslovak
the nationality or resides on Czechoslovakia for more than
one year. If such a claim (right) provided on the domestic
the property affects whether or not the obligation of the library login
the owner.
(3) the application shall further be obliged to persons (authorities, institutions, the Treasury and other
device) which, in the territory of the country, manage or are in the custody of the asset,
which may reasonably be considered to have, that is as a Hungarian assets subject to
inventory provided for in this regulation. These persons shall be submitted with the application
subject to that obligation will be soupisová official investigation confirmed.
Persons to whom such assets was officially assigned to the ownership or
given to the administration of the assets, do; However, if they are known to
the former owner is a Hungarian national, informs the competent
Fund, or, in the case of assets under section 18 of the Decree of the President
Republic of 25 June. October 1945, no. 108 on the confiscation of the enemy
the assets and funds of the national reconstruction, the Ministry of health.
section 7 of the
(1) in the application for the inventory of the Hungarian assets the applicant shall indicate:
and the owner) (owner, creditor, beneficiary), and his name and
last name (in the case of legal persons and legal nature of the designation), profession
(activities), nationality, the nationality on the date of 29. September 1938
and on the day 15. September 1947, residence (registered office) or the place of stay;
(b) details of the person) like přihlašovatelově, if it is not identical with the
the owner, and the reason for the filing of the application (e.g. as a debtor, committed,
mortgage borrower, custodian, Manager, holder, representative, legal
representative etc.);
(c)) and when and for which the asset was logged in to the Office by the law of 15 December 1999.
in May 1946, no. 134 on a batch of asset growth and the dose of the
the asset;
(d) a statement of the assets according to the individual) property values with the precision of their
describing and giving their values of the winding up;
(e)) for life insurance contracts the number of the insurance contract, the insurance sum (annual
the amount of the pension), date and place of issue, the name, surname and date of birth
insured persons, by which time the contract applies, the annual premiums and when,
to whom and in what currency and for which period the latter was paid;
f) debts and burdens secured (drains) on the logged property;
g) neknihovní debts (liabilities) of the owner of the Hungarian assets to
Czechoslovakia and the Czechoslovak nationals.
(2) the application documents must be připojiti (in the original or in authenticated
copy) about the accuracy and completeness of the information in the application. In particular, we must
prokázati proprietary or other right to property values set out in
application (e.g. a certified statement of land registers, the purchase contract,
life insurance for receivables from insurance contracts and for the living
the fuse is also a proof of payment of the last premium, the official confirmation of the
and under), as well as the nationality and residence of the owner of the applicable
days. If the applicant is not the owner of the Hungarian assets, joins only
the documents, which he has on hand or that you can without special difficulties
However.
§ 8
If the owner or former owner of Hungarian assets he has not yet been
return to benefits pursuant to Act No. 134/1946 Coll., connects to the
your application whether or not the application of property on a form for an application
the domestic assets of foreign owners for the purpose of property benefits.
§ 9
The Czechoslovak claims are required to přihlásiti:
and the Czechoslovak State, and citizens) of a legal person, and similar services
located on the territory of the Czechoslovak Republic;
(b)) the authorities, territorial authorities, Constitution, volumes, pools or other devices,
If the claims subject to inventory managed, represent or
an eye;
c) creditors (permissions), regardless of their nationality, if
their entitlement is ensured on the real estate library in Czechoslovakia,
that belongs to Hungary or Hungarian nationals;
(d) physical and legal) persons that are debtors of the Czechoslovak
claims.
§ 10
(1) in the application for the inventory of the Czechoslovak claims, the applicant shall indicate:
and) name and surname of the creditor or other legitimate (for legal entities
persons and legal nature of the designation), profession (occupation), the State
nationality, place of residence (registered office) or the place of stay;
(b) the information referred to in subparagraph (a)). and the parties, a person přihlašovatelovy) if it is not
identical to the lender (legitimate), and the reason for the filing of the application (e.g. as a
Manager, agent, etc.);
(c) the debtor's name and surname) or other zavázaného (for legal entities
designation and legal nature), his work (activities), the State
nationality, place of residence (registered office) or the place of stay;
(d)) shall be entitled by their nature and amount;
(e) the time and manner of formation of) the claim;
(f)) for life insurance contracts the data referred to in section 7, para. 1, point (a). (e)).
(2) if the applicant is unable to doložiti the Hungarian nationality
the debtor or another zavázaného, the circumstances suggest it.
§ 11
(1) the Odvlečený property is required to sign the guy who makes the claim to
his return.
(2) in the application for the inventory of the abducted man's last property the applicant shall indicate:
and) name and surname (for legal entities indications and legal nature),
nationality, place of residence (registered office) or the place of stay;
(b) a description of the abducted man's last assets) in order to determine its value,
the place from which the subject was abducted, when and under what circumstances
so, where was abducted and data assets and the accompanying resources,
that could umožniti find and return of property;
(c) the value of the items) of artistic, historic or archaeological,
comments about whether according to his knowledge, however in Hungary for
the case that odvlečený the subject cannot be returned, the replacement of the same item
the type and value of approximately the same (article 24, paragraph 3 of the peace treaty).
§ 12
(1) Claims arising from provisions of the Czechoslovak members
article. 26 peace treaty, is obliged to přihlásiti the one who is applying.
(2) in the application for the inventory of these claims, the applicant shall indicate:
and) name and surname (for legal entities indications and legal nature),
nationality, place of residence (registered office) or the place of stay;
(b) the exact designation of the claim) indicating, against whom the claim is directed, when
and the measures which the Hungarian Office or authority were property, right or
the interest affected and what is the value of the claim; for claims for the return of property
in particular, given the number of real let library inserts, which is
the property is registered, and for claims to compensation for damages, the total amount incurred
damage.
section 13
(1) the application shall be lodged with the Postal Savings Bank in Prague, where the
the applicant has his domicile (seat) in the country, Czech or Moravian-Silesian, and
with a postal savings bank in Bratislava, where the applicant has his domicile
(the seat) in Slovakia. The applicant has a residence (registered office)
abroad, he shall submit the application for postal savings bank, in which the circuit is
assets (its most valuable part), to which the application relates, and
If there is no such assets in the territory of the country, in the case of Postal Savings Bank
Bratislava.
(2) the application must administer it to 15. January 1948.
§ 14
(1) in matters of this inventory are poštovní spořitelna obliged to dbáti
the decision of the provincial financial headquarters in Prague and pověřenectva
Finance in Bratislava (hereinafter referred to as "decisive financial authorities").
The crucial financial plays, the Office may, with the Hungarian assets was
in a certain way, in particular, can the individual equity items
zpeněžiti, accounts receivable (rights), vypověděti and vybrati, and plays, the conditions
for these measures. Permissions according to the preceding sentence shall not apply to
property confiscated and nationalized assets.
(2) the crucial financial offices and postal savings banks are entitled to
in person application form required if failed to meet this obligation, the
filing of the application, to make them have been provided with all the necessary
explanatory notes and submitted the necessary documents, witnesses, experts and vyslýchati
person předzvědné, vyžádati's expert opinion, naříditi tours
business books and records, as well as individual estimates set out to do
property values. All public authorities, institutions and courts are obliged to
to offer postal savings banks, tax authorities and other authorities
all the assistance in the implementation of this regulation.
(3) for the procedure under this Regulation shall apply mutatis mutandis the provisions of the Act
No 134/1946 Sb.
§ 15
(1) the financial authorities, relevant to the assessment of pecuniary benefits for
foreign owners, it shall notify the postal savings banks at the request of
the property benefits from the Hungarian assets. If it is not possible to see how this
the exact status of the assets to the decisive days according to the law No 134/1946 Sb.
may be a dose of securities gain and dose of the assets taxed
flat-rate amount.
(2) The property referred to in paragraph 1 shall not apply the provisions of
exemption from the obligation to sign under section 15, para. 1, no. 1 and 2
Cust. No 134/1946 Coll., or provisions on exemption from
the asset growth and benefits from the assets referred to in section 34, para. 2, first sentence
and section 41 of the Act.
section 16 of the
(1) lead by Poštovní spořitelna property values, which have been
key financial authorities considered the Hungarian assets or
the Czechoslovak claims within the meaning of this regulation, special accounts
the winding-up.
(2) The winding-up account held with the Postal Savings Bank in Prague
write the Hungarian assets on the territory of countries of the Czech and Moravian-Silesian, as well as
and the Czechoslovak claims of creditors and other authorized resident on the
This territory; the Hungarian assets on the territory of Slovakia, as well as
the Czechoslovak claims of creditors (legitimate), resident in the Slovak Republic
or abroad, will lead to the winding-up of the account for the Postal Savings Bank in
Bratislava. The Czechoslovak claims relating to a particular
the Hungarian assets in the territory of the country is příslušna, in which the postal savings bank
place where the asset is located.
(3) the central management of both the winding-up of the accounts is provided by the postal
Savings Bank in Prague.
§ 17
From the filing of the application under this regulation forwards inventory does not legal
the claim against the Czechoslovak State, and neither the owner nor the Hungarian
the Czechoslovak lender (creditor).
section 18
Who forwards inventory application under this regulation or in the management of
the application shall give the wrong information or in any way acting on the other, to
incorrect information or other acts violated the correctness of the investigation will be
punished-unless it is an offense punishable under section 5 of the judicially-Cust. No 172/1947
SB.
§ 19
The Ministry of finance, Slovakia after hearing pověřenectva finance,
can the decree in the Official Gazette prodloužiti time limit laid down in section 13,
paragraph. 2 and may, in agreement with the ministries of Foreign Affairs and the Interior of the
reasons worthy of special attention povoliti exceptions to its provisions.
section 20
This Regulation shall enter into force on the date of the notice; the Ministers shall
the Interior and finance, in agreement with the participating Ministers.
Gottwald in the r.
Dr. Zenkl, in r.
Ing. Jankovcová in r.
Dr. Kotzwara in r.
Ďuriš in r.
Tymeš in r.
Dr Cap in r.
Wide v. r.
Ing. Kopecký v. r.
arm. Gen. freedom in r.
Hála in r.
Nosek in r.
Dr. Karthik N in r.
Dr. Dolansky in r.
Dr. walk in r.
Dr. Stransky in r.
Majer in r.
Dr. Crumb in the r.
Dr. Fadi in the r.
Kopecký v. r.
Dr. Clementis v r.
Lichner, in r.
