This Mitigate Some Property Injustices

Original Language Title: To Mitigate Some Property Injustices

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=38761&nr=403~2F1990~20Sb.&ft=txt

403/1990 Coll.



LAW



on 2 December. October 1990



on the mitigation of certain property injustices



Change: 458/1990 Coll.



Change: 528/1990 Coll.



Change: 137/1991.



Change: 264/1992 Sb.



Change: 115/1994 Coll.



Change: 320/2002 Coll.



Change: 342/2006 Sb.



Change: 227/2009 Sb.



Change: 211/2013 Sb.



Change: 89/2012 Sb.



The Federal Assembly of the Czech and Slovak Federal Republic

committed to this Act:



PART THE FIRST



The subject of the edit



§ 1



The law applies to the consequences of property wrongs caused by physical and

private legal persons under detention, the ownership of the immovable

where appropriate, the movable things according to Decree-Law No 15/1959 Coll., on

measures relating to some of the things used by the organisations

the Socialist sector, according to the law No 71/1959 Coll., on measures

relating to a private household's assets, and

on the basis of assessments by nationalizing some of the sectoral ministries,

issued after the year 1955 and citing the provisions of the znárodňovací

in 1948. ^ 1) deprivation of ownership within the meaning of this Act,

the transition of ownership rights on the basis of the sales contract according to §

4 (4). 1 and 2 of Decree-Law No 15/1959 Coll.



§ 2



Mitigation of the consequences of property wrongs under this Act lies in the

the release of things private, natural or legal person, which has been withdrawn

(hereinafter referred to as the "owner") on the basis of the provisions referred to in section 1, in the provision of

cash refunds (section 14) or in the issue of the purchase price (article 15) or in

Supplement to the difference between the cash refund and the purchase price (article 16).



§ 3



Additional authorised person



(1) if the owner has died or has been declared dead, the issue is withdrawn

the thing next to the beneficiaries in this order:



and the heir of wills) lived to the effective date of this Act;



(b) the owner and his children) husband, who lives on the date of effectiveness of this

the law; If some of the children of the owner on the date of effectiveness of this law

alive, are the beneficiaries of his children, and if not

some of them alive, his descendants;



(c)), non-owner parents if alive persons referred to under point (b)),

who lived the day of death of the owner;



d) siblings, who live to the effective date of this Act. In the event that the

one of the siblings to the effective date of this Act is dead, are

beneficiaries in his place his living children.



(2) If a person referred to in paragraph 1 shall be withdrawn thing heirs

the owner, and if he is not alive, his surviving children.



(3) if withdrawn Due to co-ownership more persons are

authorized persons according to the amount of their shares of the co-owners; If the dead

one of them, the order of the other in its place of authorised persons

referred to in paragraphs 1 and 2.



PART THE SECOND



The release of things



§ 4



(1) release according to § 2 and 3 applies to things that keep the date of effectiveness of the

This law legal person (hereinafter referred to as "mandatory person"), with the exception of

foreign States, companies with foreign participation ^ 2) and commercial

companies, ^ 3) whose partners are solely by natural persons. This

However, the exception does not apply, if the things acquired by legal persons after 1.

October 1990.



(2) the mandatory physical persons are persons who have acquired the thing from the State,

who won permission to dispose of her in the circumstances referred to in section 1 of the

law, and in cases when these persons have acquired either in conflict with

If the applicable regulations or on the basis of an unlawful advantage for the person

the acquirer, and parties close to such persons, if the thing was

These persons transferred.



§ 5



(1) a person is required to promptly issue the thing authorized person on

its written challenge.



(2) the person and the person sepíší an agreement on the issue of the case and of the

the mutual settlement of claims under this Act.



(3) if the subject matter of the agreement for the release of the property, the provisions of section 133

paragraph. 2 of the civil code.



(4) If a person fails to comply with his obligations, the mandatory, the authorized person may

exercise their rights with the Court.



§ 6



(1) the owner of the written call will connect to on the issue of the confirmation of the regional affairs

the authority in whose area the property is located, on the withdrawal of the case

According to the law No 71/1959 Coll. or confirmation of the sectoral Ministry

After the nationalization of 1955 or the Bill of the Ministry of the nationalization and

its range and about whom the case was withdrawn. These documents can be replaced

extract from the land register or other credible evidence, if

the legal reason for the withdrawal and the name of the person (persons), which was withdrawn.



(2) in the case of transfer of the property in accordance with Decree-Law No 15/1959

SB confirmation to the call connects the regional authority on the withdrawal of the case and about

who was withdrawn. These documents can be replaced in the same way as

the documents referred to in paragraph 1. The challenge is to further connect confirmation



and) the regional office regarding the amount of which was for the odňatou thing the owner

paid ^ 5) (hereinafter referred to as the "paid amount"), with an indication of the Organization,

that it paid;



(b)), the Ministry of Finance on whether the competent Ministry

Finance or relevant Administration for property and foreign exchange for the withdrawal of a

things paid extraordinary compensation from the State budget (hereinafter referred to as

"compensation"), who was paid and in what amount.



(3) other beneficiaries to the challenge also attaches a document certifying

their relationship to the owner (§ 3). ^ 6)



(4) if the authorised person shall exchange an outworlder, the challenge

confirmation by the competent administration for property and foreign exchange, that real estate

inter-State agreements has not been settled.



section 7 of the



The authorized person shall, within 60 days from the date of conclusion of the agreement for payment of



and the paid amount), and it required the person, that it has paid, or

its successor in title;



(b) the compensation granted by the Ministry of Finance), which will take even

the paid amount, if required by a person without legal successor.



§ 8



The proposal to deposit in the land registry is the person required to

submit to the competent authority of the Republic ^ 6a) proof of payment of the amounts

referred to in section 7, or about, that concluded the agreement on instalments.



§ 9



(1) If more eligible persons, their share of section 3 of this

the law, if in writing, unless otherwise agreed. If, within the period referred to in section 19

claim to release things just some of them, they shall issue to the whole thing.



(2) persons who claim within the time limit referred to in section 19 and whose claims

not satisfied, they can against persons, to whom the case was issued, apply

their claims to the Court within one year from the effective date of this

the law.



§ 10



(1) the matter shall be issued to the beneficiary in the State in which it is situated, to the date of

the conclusion of the agreement. If the person who has negotiated the mandatory prior to that date the Treaty on

the supply of construction work, renovation or modernization issued by the

real estate, or any other agreement relating to the issued stuff, must

the agreement contains arrangements on whether and to what extent incorporated

persons entitled to the rights and obligations from this contract.



(2) if it is issued by the building over its status at the time of withdrawal of the devalued

to the extent that it cannot be used for the needs of housing, production, trade

or other services without immediate construction, entitled

person and a cash refund (§ 14).



(3) in the case of the construction, which was considerably evaluated so that its price

to the date of the conclusion of the agreement and provided for the procedure referred to in § 19a

exceeds the compensation under § 14 paragraph. 1, is the will of the persons concerned, whether the

decides for this compensation, or whether to invite a person to compulsory release

real estate and Finance Ministry will pay the difference between the so determined

price and compensation according to § 14 paragraph. 1. the person is obliged to issue a Compulsory thing

within 30 days after notification of the amount of its assessment of the Ministry of finance in the

If that person decides for her release.



(4) the land on which the building is located, which was set up to

the takeover of the land by the State, it is issued; It is incumbent upon the beneficiary of cash

the refund (section 14).



(5) a person shall be obliged to issue the land on which was placed

defunct building, if it is not a case referred to in paragraph 4.



(6) the Land on which it was established, the right to personal use, it is issued;

the beneficiary is the responsibility of the monetary compensation (§ 14).



§ 11



Required the person against eligible persons to apply any financial

or other entitlements issued by related things. Also justified

the person to whom the case has been issued against the person required to apply

other claims related to the issuance of things than are listed in this

the Act. To the lien rights and material burdens that sticking things in

the time of its withdrawal, or at the time of its release, shall be disregarded.



§ 12



(1) the date of receipt of the property the person enters into the rights and

obligations of the charterer, who concluded the agreement on the surrender and the takeover of the apartment

or a contract on the lease of non-residential space in the taken property.



(2) the current users of the flats and non-residential premises in the issued

real estate that is used for



and) the activities of diplomatic and consular missions,



(b)) the provision of health and social services,



(c) the needs of education,)



(d) physical and cultural) the operation of the device,



e) employment rehabilitation and employment of disabled persons,
creates a claim against the person concerned, that the property was released, on

the conclusion of the agreement on the use of apartments and rental of non-residential premises

governed by the provisions of the civil code, the law on tenancy and subletting

non-residential premises and related legislation. The authorized person may

terminate the agreement as soon as possible after the expiry of 10 years from the effective date of this

the law. This commitment to an authorized person passes on all other

owners in that time.



(3) If, within the amount of the rent and the conditions of its payment

the person with the user of the apartment or commercial space referred to in

paragraph 2, shall decide on the amount of rent, the competent authority of the State administration

According to generally accepted pricing regulations.



(4) the user of the apartment or commercial space, which in accordance with the

building regulations made its adjustments, which are flat or

non-residential premises to assess, is entitled to compensation for the evaluation,

determined in accordance with the valid price regulations, by an authorized person,

If his right to their use because of the testimony of the owner

real estate. Mandatory person replaces the cost per beneficiary

the depreciation of the real estate above the normal wear and tear.



section 13



The issue of the sale of goods



(1) a claim for the release of goods the person entitled proves that the

they were withdrawn on the basis of the provisions referred to in § 1 and where they are located to the

the effective date of this Act.



(2) the movable property, that serves to operate the activities located in the issued

the property is required to offer to buy the person obliged to first

eligible persons for the net price, and at the latest within the time limit referred to

in § 19 paragraph. 2.



PART THE THIRD



Cash refunds



§ 14



(1) For the building, which was demolished, and the property, for which monetary

compensation under section 10, the Ministry of Finance of the legitimate

the person on the call, accompanied by a monetary compensation under section 6 (hereinafter referred to as

"compensation") the amount laid down by the State at the date of the withdrawal, and that the procedure

referred to in § 19a, plus 3% of that amount for each year from the withdrawal of the

to the effective date of this Act.



(2) the refund shall be reduced by the amount paid [section 6, paragraph 2 (a))] or

compensation [art. 6, paragraph 2 (b))].



(3) the refund provided for under section 10, paragraph 1. 2 is further reduced by the price of issued

the property provided for in paragraph 1, calculated in accordance with the State of the

the property referred to in section 10, paragraph 1. 1.



§ 15



(1) if property in the time before the effect this Act transferred

to the ownership of other natural persons, other than persons entitled, remains

the right of these individuals is maintained and the beneficiary entitled to the

the issue of the purchase price from the mandatory of the person who sold the property, or from the

its legal successor. This does not apply if the individual has taken

the thing from the State in the manner referred to in section 4, paragraph 4. 2 of the Act. In this case,

the property shall issue to the holder, with the mandatory person entitled

on the return of the purchase price that you paid when buying stuff, and remuneration for the

the establishment of a personal right of use of land. This claim must be applied to

the competent authority of the State administration of the Republic.



(2) if the Lapse required by a person without legal successor, the person entitled

This claim against the Ministry of finance. On the issue of the purchase price claim has

the person that purchased the property prior to the effect of this

the law.



(3) the Preserved remains of foreign States, the right of ownership of an undertaking

foreign ventures and business of the company, whose partners

are only natural persons if it has been transferred to them in the time before the 1.

October 1990. The person concerned shall be entitled to the issue of compensation arises from

The Ministry of finance.



section 16 of the



If the purchase price, on whose return to authorized persons entitled pursuant to section

15, less than the compensation provided for in section 14, the Ministry of finance will suffer these

people the difference between the refund and the purchase price.



§ 17



Purchased the property only some of the authorized persons, the other

of them, against a person who has received the entire purchase price, shall be entitled to its

the proportional part or proportion of the difference between the refund and supplement

the purchase price.



section 18



For real estate, whose beneficiaries are not reflected in the issue of the time limit

provided for in section 19, paragraph. 1 interest, it is not for refund.



§ 19



(1) to release things (section 5) or purchase price (section 15) the person entitled

required a person to invite to 6 months from the effective date of this Act,

otherwise the claim will lapse.



(2) a person is required to conclude an agreement with a qualified person and issue

her thing or the purchase price no later than 30 days after the expiry of the period referred to in

paragraph 1 or within the period referred to in section 10, paragraph 1. 3.



(3) within the time limit referred to in paragraph 1 the person entitled to invite

The Ministry of finance to grant a refund under section 14 or to release

the purchase price pursuant to section 15, where appropriate, to payment of the difference referred to in section 16.



(4) the Ministry of finance is required to pay the amounts referred to in paragraph 3

no later than one year after having received the call.



(5) If the Finance Ministry does not fulfil an obligation within the time limit referred to in

paragraph 4, to increase the refund of 1% per month from the date of

This period until the date of refund.



§ 19a



(1) For the valuation of all the buildings for the purposes of this Act, shall apply part

Also, the head of the first Decree No. 73/1964 Coll. (hereinafter the "Decree").



(2) the compensation for the land, which is not refundable, provides five times the rates

referred to in section 15, paragraph. 1 (a). and according to the rate valid Decree) for

assessment of land to 800 m square regardless of its assessment.



(3) the amount of money that is required to pay the person entitled under section

10, paragraph 1. 3, provides for the Ministry of finance at the same time with the time limit

for its payment, even in cases where the property referred to in

This law has already been issued.



(4) pricing method using the order determined in individual cases

The Ministry of finance.



PART THE FOURTH



section 20



This law also applies to foreigners, foreign exchange if the thing that would

should be transferred to its ownership, has not been settled agreements

majetko-laws and agreements.



section 21



The necessary costs associated with the provision of compensation to the beneficiaries shall be borne by

The Ministry of finance.



section 22



(1) a person is required to odňatými things, and with movable things

referred to in section 13 (3). 2 until the release of the persons concerned to dispose of the

with due managerial diligence; from the effective date of this Act, the

things, their components and accessories to convert into ownership or

leave it to another to use, with the exception of the submission and acceptance of agreements

the apartment, on the basis of concluded agreements on the exchange of the apartment.



(2) the right to compensation for damage caused by violation of the person would be required

This obligation, the provisions of § 11 remains intact.



(3) If a person required to satisfy the demands of an authorized person under this

law within the prescribed period (section 19 (2)), is required to reimburse the

The Ministry of finance for each day exceeding the time limit amount of 3000 Czk.

If the person entitled to the Court, the period ends on the expiry of 30 days

then, when his decision to give legal power.



section 23



(1) the costs associated with the formulation of the agreement on the release of things carries the mandatory

the person.



(2) Notarial and administrative fees associated with the release of things under this

the law is furnished.



(3) the person petitioning your rights under this law against mandatory

a person is exempt from court fees.



§ 23a



If the authorized person is not or not-if none of the parties to the

entitled to release things within the time limit set out in section 19, becomes the legitimate

the person in the State who exercises this right within 18 months

from the effective date of this Act. The procedure for the exercise of the right of the State

lays down a special provision, the competent authorities of the republics.



Section 23b



The scope of the regional authority established under this Act are performance

delegated jurisdiction.



section 23 c



(1) the Ministry of the Interior provides the Ministry of finance for the purposes of

verification of the data of natural persons who are members of the restitution

the management and at the same time nationals of the Czech Republic,



and data from Basic) reference population register,



(b)) the data from the information system of the population register agendového.



(2) Information Provided pursuant to paragraph 1 (b). and) are



and last name)



(b) the name or names),



(c)) date of birth,



(d)) of the date, place and County of death; in the case of the death of a citizen outside the territory of the Czech

Republic, the date of death, place and the State on whose territory the death occurred;

If the decision of the Court on the declarations for the dead, the day which is in

decision given as the day of death or the day that the citizen declared

survivors of the dead, and the date of the entry into force of this decision.



(3) Provided the information referred to in paragraph 1 (b). (b))



and, where applicable, names) the name, surname, maiden name,



(b) the date of birth),



(c) the social security number),



(d) the waiver or restriction of eligibility) to legal capacity,



(e)) of the date, place and County of death,



f) day, who was in the Court decision on the Declaration for the dead mentioned

as the day of death or the date on which the citizen declared dead.



(4) data that are kept as reference in the principal registry

the population recovered from the agendového information system registration

population, only if they are in the shape of the previous status quo.
(5) the data provided can be used in a particular case only

such information, which are necessary to fulfil that task.



Section 23d



The financial performance of the acquired by the State pursuant to this Act are income

the State budget.



PART THE FIFTH



section 24



The following



1. deleted



2. the provisions of § 125, paragraph. 2 economic code, to which is added

the new provisions of the subparagraph (e)), which read:



"e) in the case of a contract for the supply of construction work, for reconstruction or for the

modernization, or about another contract relating to the property, issued by the

According to law No. 403/1990 Coll. on the mitigation of certain property

wrongs. ".



§ 25



(1) shall be deleted,



1. Government Regulation No. 15/1959 Coll., on measures relating to certain

the things used by the organizations of the Socialist sector;



2. Decree of the Ministry of Finance No. 88/1959 Ú.l., of the measures

relating to some of the things used by the organizations of the Socialist

sector;



3. Law No 71/1959 Coll., on measures relating to any of the

private household assets;



4. the Decree of the Ministry of finance and justice no 236/1959, Ú.l.

the measures relating to a private household assets.



(2) After the effective date of this Act shall not apply to section 6 (1). 1 of law No.

118/1948 Coll. on the Organization of wholesale activities and nationalization

wholesale enterprises, as amended by law no 64/1951 Coll., amending

and the following provisions of the nationalization of commercial enterprises.



(3) the conclusion of the agreement referred to in section 5 (3). 2 or the legal power of the judgment (section 22

paragraph. 3) shall expire on withdrawal decision case, issued under the

the legislation referred to in section 1; the same shall expire and the purchase

a contract concluded pursuant to section 4, paragraph 4. 1 and 2 of Decree-Law No 15/1959 Coll.



section 26



This law shall enter into force on 1 January 2005. November 1990.



Selected provisions of the novel



Article II of Act No. 115/1994 Coll.



1. Claims for compensation under Act No. 403/1990 Coll. on the mitigation of the consequences of

certain property injustices, within the time limit applied under section 19, paragraph. 1 and 3

and unmet within the time limit referred to in section 19, paragraph. 4, and the increase of compensation under section

19 paragraph. 5 are due within three years from the effective date of this Act. It

does not apply to claims for compensation, which was to the effectiveness of this

the law instituted proceedings before the Court.



2. the compensation granted to the effectiveness of this law shall be adjusted in accordance with § 19

paragraph. 5 and the relevant amounts shall be paid by the Ministry for the management of the national

the property and its privatization within three years from the effectiveness of this

the law.



Article. (II) Act No. 211/2013 Sb.



The transitional provisions of the



The financial performance of the acquired by the State pursuant to law No. 403/1990 Coll., as amended by

effective until the date of entry into force of this Act shall be transferred to income

Chapter of the State budget of the Ministry of Finance within 1 month from the date of

the entry into force of this law.



1) section 3 of Act No. 114/1948 Coll., on the nationalization of some of the other

industrial and other enterprises and facilities and on the treatment of certain conditions

nationalized and national companies.



section 3 of the Act No. 115/1948 Coll., on the nationalization of other industrial and other

manufacturing enterprises and establishments in the field of food and for the adaptation of certain

the ratios of nationalised and national companies of this branch, in changes of the law

No 108/1950 Coll., which amends and supplements the provisions of the nationalization of the

some of the enterprises of the food industry.



section 6 (1). 1 of law No 118/1948 Coll. on the Organization of wholesale business

and the nationalization of wholesale enterprises, as amended by law no 64/1951 Coll.,

amending the provisions on the nationalization and the following business ventures.



section 3 of the Act No. 120/1948 Coll., on the nationalization of businesses with 50 or

more law enforcement persons.



§ 1 (1). 2 of the law No. 121/1948 Coll., on nationalisation in the construction industry, in

the text of Act No. 58/1951 Coll., amending and supplementing the law on

nationalization in the construction industry.



section 3 of Act No. 123/1948 Coll., on the nationalization of the polygraphic enterprises.



section 6 of Act No. 124/1948 Coll., on nationalizing some innkeepers and

draft businesses and accommodation facilities.



2) Law No. 173/1988 Coll., on business ventures, in

the text of Act No. 112/1990 Coll.



3) part four and the marketing code no. 109/1964 Coll., as amended by

amended.



Act No. 104/1990 Coll., on public limited liability companies.



§ 4 paragraph 5). 1 of Decree-Law No 15/1959 Coll.



6) Eg. birth or marriage certificate, will.



6a) Act No. 265/1992 Coll., on the registrations of ownership and other substantive

rights to property.



7) Act No. 40/1993 Coll. on acquisition and dispose of citizenship

The Czech Republic, as amended.



8) Act No. 133/2000 Coll., on registration of population and social security numbers and the

amendments to certain acts (the Act on the registration of inhabitants), as amended

regulations.