About The Confiscation Of Enemy Property And Funds National Reconstruction

Original Language Title: o konfiskaci nepřátelského majetku a Fondech národní obnovy

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=12003&nr=108~2F1945~20Sb.&ft=txt

108/1945 Coll.



DECREE



the President of the Republic from 25 October. October 1945 for the confiscation of the enemy

assets and funds national reconstruction



Change: 84/1949 Coll.



Change: 116/1949 Coll.



Modified: 18/1950 Coll., 19/1950.



Change: 88/1950.



Change: 182/1950.



On the proposal of the Government and in agreement with the Slovak National Council establishes:



Part I.



Confiscation of enemy property.



§ 1



Definition of the confiscated property.



(1) no refund shall be Seized-if has not already been-for

The Czechoslovak Republic immovable and movable, in particular (i)

property rights (such as accounts receivable, securities, deposits, rights

intangible), which, on the date of actual completion of the German and Hungarian occupation

was or still is owned by:



1. The German Empire, the Kingdom of the Hungarian people, public law referred to in

German or Hungarian law, the German Nazi party, political

Party of the Hungarian and the other departments, organisací, businesses, equipment,

personal associations, funds and special-purpose assets of these schemes or

concerned, as well as other German or Hungarian legal person,

or



2. the nationality of physical persons of German or Hungarian, with the exception of people,

who prove that they remain committed to the Czechoslovak Republic, never

neprovinily against the Czech and Slovak peoples and be with činně

took part in the struggle for its liberation, or suffered under the Nazi or

the fascist terror, or



3. people have physical, against State sovereignty,

independence, integrity, Democratic-Republican State form,

Security and defense of the Czechoslovak Republic, that such

instigators or other persons svésti looked, intentionally promote

any way German or Hungarian occupiers, or that at the time of

the increased threat to the Republic (section 18 of the Decree of the President of the Republic

on June 19, 1945, no. 16 Coll., on the punishment of Nazi criminals, traitors

and their accomplices and extraordinary folk courts) nadržovaly

germanisaci or maďarisaci on the territory of the Czechoslovak Republic, or

Act hostile to the Czechoslovak Republic and Czech or

the Slovak nation, as well as the physical or legal persons, who

They condoned such activity for people managing their property or business.



(2) Confiscation is also subject to all the property that belonged to at the time after

on September 29, 1938 the bodies referred to in paragraph 1 and was at the material time

referred to in paragraph 1, first sentence, after the case is still in the ownership of the people,

in whose hands should the confiscation was not subject, but by subjecting such

asset confiscation did not comply with the principles of decency.



(3) if the conditions for confiscation under this

the Decree, shall be decided by the District National Committee. The decision can be

doručiti a public decree, even if you are not satisfied the prerequisites of § 33

Decree of 13 December 2005. January 1928, no. 8 Coll., in cases concerning

belonging to the scope of the political authorities (administrative proceedings). From

the decision of the District National Committee can be odvolati to the Earth's

the National Committee (in Slovakia, the competent body of the Slovak national

the Council). Minister of the Interior may way of making a decision under this paragraph

closer accounts directives.



§ 2



Exceptions to the confiscation and the granting of the refund.



(1) excluded from confiscation is the part of the movable property of the persons referred to in

§ 1, para. 1, no. 2 and 3, which is inevitably necessary to the satisfaction of living

or for personal needs, employment of such persons and their members

families (such as clothing, linens, lingerie, home tools, food and

Tools). Details of the extent of the property determined by the Government

by regulation.



(2) the Government may by regulation plays that assets of a certain categories of persons,

under the provisions of § 1, exempts partially or completely from the

confiscation.



(3) is not subject to the confiscation of assets, which at the time after 29. September 1938 under

occupation or as a result of national, racial, or political persecution

affidavit of the person which does not fall under the provisions of § 1.



(4) the confiscation of legal persons, it is for a pro rata refund

persons interested in it in terms of capital, unless they fall under the provisions of §

1, para. 1, especially if they cannot be přičítati activity and the behavior of the

legal persons or neglect reasonable caution when provisions of the

management or supervision on it and if you do not act directly or indirectly in the

the interest of the people, subject to the provisions of § 1, para. 1. the details

modifies the Government.



(5) if the person whose property is subject to confiscation, as

co-owners in the community with individuals under the provisions of section 1 of the

do not fall, and if their co-ownership share more than one

half of the entire assets shall be subject to confiscation. Persons outside under § 1

However, it is for the replacement in case of the same kind and the same values as

their market share, and if this is not possible, in the money.



Part II.



National reconstruction funds.



§ 3



The establishment and organization of national reconstruction Funds.



cancelled



§ 4



cancelled



§ 5



The Scope Of The Funds.



cancelled



Part III.



The Division of confiscated property.



Section 1.



Conceptual plans and přídělová regulation.



§ 6



(1) the competent public authority shall draw up, in agreement with the competent

ministries (also in Slovakia with the competent pověřenectvy of the Slovak

the National Council), and the Economic Council and after hearing the competent

trade associations (Slovakia similar economic organisací) and

The Central Council of trade unions (Ústredia sväzov in Slovakia, a Trade Union) framework

the plans, which provides, in particular:



and small property for the essence of) how much should be in individual places

allocated and how it has to be loaded with the remaining,



(b)) that the middle of the estate have to be allocated and how it should be

loaded with the remaining,



(c)) how should be loaded with industrial property and with large pools of

correlations.



(2) as set forth in the preceding paragraph, the competent authorities shall prepare

public administration proposals for special allocation regulation by species

confiscated property that will be used to allocate, and shall in

These characters, which are distinguished from each other on a small estate,

medium and large, properties must have a přídělci of the species involved

property, directive for the calculation of the amount of remuneration and the method of repayment

přídělci, the conditions under which has dojíti to the allocation or may be

allocated assets withdrawn, and how it is naložiti with the estate.

According to the regional National Committee issues an individual přídělová

of the regulation. Implementation of those regulations, it is for the competent authority to the public

the Administration can set out to do, which is gradually according to the areas and species

allocated to the constituent.



(3) on the basis of framework plans (paragraph 1) and the allocation regulation

(paragraph 2) shall draw up plans allocation and reimbursement (§§ 10 to 12).

To the competent public authority, it is for přezkoumati, whether the allocation and

reimbursement plans satisfy these assumptions, in which case it is

approves. The rations, which are contrary to the framework plans or rationing by regulation,

excludes the competent public authority from allocation and reimbursement

plans. If the plans are not approved by the competent public authority with

This point of view, cannot be přikročiti for final approval or editing

the allocation and reimbursement of the plan by the competent authority.



(4) the Allocation, which is contrary to the framework of the plan, each allocation

Regulation, or duly approved, after the case of the modified rationing plans

and úhradovým (section 10, paragraph 3, article 11, paragraph 3 and article 12, paragraph 3), is

invalid. The competent public authority may, within 6 months from the

the delivery of the rightful allocation decisions (article 8, para. 6) debit the initiative

to cancel an invalid decision on the allocation of the parent authority, and with respect to

about allocation decisions of the Ministry of the Interior, the Central Commission for

settlement.



Section 2.



Allocation management.



§ 7



Permission applicants.



(1) from the assets confiscated under this Decree shall be awarded (§ 8)

each of the estate into the possession of legitimate applicants for

reimbursement.



(2) the estate can be allocated to the countries, districts, municipalities and

other public corporations, in particular, the special interests and the cultural,

cooperatives and other candidates who match the allocation conditions (section 6,

paragraph. 2).



(3) in the allocation of confiscated property let there be taken primarily to

the participants of the national resistance and their bereaved family members,

to persons injured by war, national, racial, or political persecution,

to persons returning to the border regions, which have been forced to rest, or

to his homeland from abroad and to persons who, as a result of territorial changes to resolve

their residence to the other territories of the Czechoslovak Republic. Assumptions

priority status must be properly prokázati.



§ 8



The decision on allocation.



(1) according to the pravoplatných allocation plans (sections 10 to 12) allocates a small

the estate of the District National Committee, medium estate

National Committee (in Slovakia, the Slovak national competent authority

the Council) and industrial assets, and a large estate, the competent


the Department (in agreement with the competent pověřenectvem

The Slovak National Council).



(2) the decision on the allocation of so be it stated:



and what made up the allotment) estate,



(b)) what other rights and permissions are associated with the allocation,



(c)) the commitments to be incorporated, the allocator allocates the



(d)) will be handed over on a day when the allocated assets



(e) the level of remuneration) (sampling rates) and the method of payment,



(f)) any restrictions or other conditions of the allocator allocates him saved.



(3) is not responsible for obligations of the allocator allocates, affecting the property, which was

assigned, provided that the decision on the allocation would not assume.



(4) an applicant who is considered to be damaged by the decision of the district

the National Committee on the allocation, it must appeal to the provincial national

Committee (in Slovakia, the competent body of the Slovak National Council). About

the appeal is decided by the provincial National Committee (in Slovakia, the competent authority

The Slovak National Council) definitively.



(5) an applicant who is considered to be damaged by the decision of the provincial

the National Committee (the competent authority of the Slovak National Council) on the allocation,

It is for the appeal to the competent Ministry.



(6) the authority which decided on the allocation, shall send the decision on the rightful

the allocation to the competent public authority, who performs a commit

allocated assets.



§ 9



Allocation of the Commission.



(1) the local National Committee, in whose district is confiscated assets,

the competent authority shall, at the request of the public administration, public way in

the place of the usual, and by Decree of the people interested in the allocation for applications.

The application is podávati with the local National Committee. Of these applicants,

satisfactory allocation conditions (article 6, para. 2), as well as of the members of

the local National Committee who are not candidates, shall be appointed by the local

the National Committee of the local clousarr's ration place the Commission, and not less than 3 and not more than 10

Members, so that most of the candidates were not rationed. Membership in the

local allocation committees is Honorable. The local National Committee may

members of the Commission at any time odvolati. The Commission shall elect the Chairman of the local allocation

the local National Committee from among its members. In municipalities with more than 10 000

residents called the local National Committee members of the local rationing Commission

also a representative of the trade associations (Slovakia similar economic

organisations) and the Central Council of trade unions (Ústredia Trade Union in Slovakia

sväzov). If a member has been revoked or if the game for another reason, his name is

a new Member of the interest group, from which a member of the nahraditi, came out.

When the gradual implementation of the Regulation (allocation to § 6, par. 2, last

theorem) can be used to appoint for different types of property for the essence of the various

allocation of the Commission.



(2) the District National Committee, in whose district is confiscated assets,

at the request of the competent authority shall invite the public administration public way in

those interested in the County in the usual allocation for applications. The application is

podávati at the District National Committee. Of these applicants, complying with the

the allocation conditions (art. 6, para. 2), and representatives of the regional

the Committee, trade associations (Slovakia similar economic

organisací) and the Central Council of trade unions (Ústredia Trade Union in Slovakia

sväzov) shall be appointed by the District National Committee, the County Commission, and by clousarr's ration place

no more than 10 members, so that most of the candidates were not rationed. About

members of the District Commission allocation shall apply mutatis mutandis to the members of the

local allocation Commission. The Commission shall elect the Chairman of the district allocation

the District National Committee from among its members.



(3) appointment of the members of a local Commission shall review the allocation and confirms

the District National Committee, appointment of members of the District Commission allocation

examine and confirms the provincial National Committee (in Slovakia, the competent

authority of the Slovak National Council).



(4) the composition, organization and operation of local and district allocation

by the Commission in greater detail the rules of procedure for them, and the competent authority

the public administration.



§ 10



Allocation plans for small estate.



(1) the Commission shall draw up for small přídělová estate

intended for allocation within the perimeter of the local National Committee, an allocation plan

a proposal for payment of the required assets for ever. The Plan lays out the

public inspection of the local National Committee after 15 days and notifies the

at the same time on both displaying Decree overhang during this time on his

the official Board and published no later than the first day of the unloading--in

print, and not be informed of the objections. Against the distribution plan and the

the proposal to cover every Czechoslovak citizen, at least 18

years, the right to administer within 15 days from the last day discharge plan

objections in local allocation Commission. After the expiry of the period for objection

the Commission shall submit an allocation plan for local přídělová with a proposal for remuneration and

incoming opposition with his expression of them district allocation to the Commission to

review. He shall also send a copy of the plan and design of an allocation to cover

to the competent public authority (art. 6, para. 3), the tax administration, and

the District National Committee (paragraph 2).



(2) the Commission shall review the District přídělová submitted her allocation plans and

proposals for the remuneration having regard to the applications lodged by the opposition. Will require a statement of the

the adequacy of payments in the plans proposed by the tax administration and the technical and

the price of the relevant authorities of the District National Committee and shall notify them when

It will be about a single quota plan acting to this

How can there be negotiations.



(3) Allocation and úhradový plan for small estate is the basis of

for the allocation, once the district clousarr's ration place by the Commission with regard to

opinion of the competent public authority (art. 6, para. 3) has been approved,

After the case.



§ 11



Allocation plans for the middle of the estate.



(1) District přídělová Commission shall draw up for the middle of the estate,

intended for allocation within the perimeter of the District National Committee, an allocation plan

a proposal for payment of the required assets for ever. The Plan lays out the

public inspection at the District National Committee after 15 days and notifies the

at the same time on the one hand, by a decree of overhang during this time, the piece up on his

the official Board and published no later than the first day of the unloading--in

print, and not be informed of the objections. Against the distribution plan and the

the proposal to cover every Czechoslovak citizen, at least 18

years, the right to administer within 15 days from the last day discharge plan

the opposition in the district allocation Commission. After the expiry of the period for objection

the Commission shall submit an allocation plan by the district přídělová with a proposal for remuneration and

incoming opposition with his expression of them Earth's National Committee (on the

Competent authority of the Slovak Republic the Slovak National Council) for review.

He shall also send a copy of the draft allocation plan and to pay to the competent

public authority (art. 6, para. 3), the tax administration and the district

the National Committee (paragraph 2).



(2) the provincial National Committee (in Slovakia, the Slovak competent authority

the National Council) will require a statement of adequacy of payments in the plans

proposed by the tax administration and the technical and price authorities competent

the District National Committee and shall notify them when it will be on the individual

the quota plan acting to this meeting how. On it

will review the submitted proposals for the allocation plans and payment with regard to the

lodged objections and observations of the taxing of administrations and of the technical bodies of the district

national committees, these plans may change, if required by the

important public interests, in particular the national.



(3) Allocation and úhradový plan for the middle of the estate is

the basis for the allocation, as soon as he was by zemský Národní výbor (on

Slovakia, the competent authority of the Slovak National Council) with regard to the

opinion of the competent public authority (art. 6, para. 3) has been approved,

After the case.



§ 12



Allocation plans for the industrial property and a large estate.



(1) National Committee (in Slovakia, the Slovak competent authority

the National Council for industrial property shall draw up) and large property

nature, intended to the allocation in the periphery, an allocation plan with a proposal for

payment required for the allotted to the asset. Plans is uveřejniti. Against the

This distribution plan and the proposal to cover every Czechoslovak

citizen, 18 years of age, the right to administer the objections at the regional

the National Committee (the competent authority of the Slovak National Council) within the time limit

15 days from the publication of the plan. After the expiry of the period for objection shall submit to the

National Committee (in Slovakia, the Slovak national competent authority

the allocation plan with the Council) proposal for reimbursement and the objections received to your

the expression of the competent Ministry to them for review. He shall also send

a copy of the draft allocation plan and to pay the competent authority the public

Administration (article 6, para. 3), the Ministry of finance, Ministry of transport

(paragraph 2) and the Supreme Office of the price.



(2) the Ministry of Slovakia (in agreement with the competent pověřenectvem

The Slovak National Council) shall review the allocation plan submitted and the proposal for the


payment with regard to the applications lodged objections and observations of the finance ministries and

Transport (public technical management) and the Supreme authority of the price that

the proposal to cover the requests.



(3) Allocation and úhradový plan for industrial property and large property

nature is the basis for the allocation, once the Ministry (on

In agreement with the pověřenectvem of the Slovak National Council)

having regard to the opinion of the competent public authority (art. 6, para.

3) approved after the event.



section 13 of the



The management of assigned assets.



Zciziti, pronajmouti, propachtovati, or zatížiti property allocated

under section 8 can only be after the time limit set by the individual ration

regulations. Within this period, you can do so only with the permission of the competent

of a public authority.



§ 14



Payment acceptance rates and its use.



(1) payment (acceptance) be repaid by the competent přídělci the competent

of a public authority in accordance with the decision on allocation. Statement of arrears

payment issued by the competent public authority, is enforceable

administrative or judicial execution.



(2) The remuneration so be it used to pay liabilities, belonging to the

zkonfiskovanému property, if the settlement (art. 5, para. 1, no. 3)

will be accepted and will not be taken over by the přídělci, and the rest of the let there be drafted by State

the cashier to bound purposes.



Part IV.



Common and final provisions.



§ 15



Control



For proceedings before the competent public administrations shall apply mutatis mutandis

Decree-Law No 8/1928 Sb.



section 16 of the



The transition of real estate and rights to the State Library.



The transition of real estate rights and library that are not allocated to other

persons to the Czechoslovak State, courts in public library

books on the proposal of the competent authority, the public administration, and as regards the

property referred to in section 18, on a proposal from the Ministry of health, citing

on this Decree.



§ 17



The ratio of agricultural assets.



This Decree shall not apply to agricultural property, if it is confiscated

According to the Decree of the President of the Republic of 21 March. June 1945, no. 12 Coll.

confiscation and accelerated distribution of agricultural property of Germans, Hungarians,

as well as traitors and enemies of the Czech and the Slovak nation, and according to the

similar provisions in force in the Slovak Republic.



section 18



The ratio of the Spa, therapeutic property and ošetřovacím institutes.



(1) the provisions of parts II and III shall not apply to:



1. on the treatment and care of the Constitution;



2. on this property:



and the pump room) real estate or natural medicinal mineral waters,

medicinal gases and an emanation or with bearings in mud, quicksand,

peat or other earths,



(b)) real estate, businesses and equipment that is used for the use of natural

medicinal or mineral waters or are potřebny,



(c) treatment centres, Spa)



d) places a spa that mainly used or intended

for recovering or are part of the treatment facilities of the Spa,



e) auxiliary businesses of those establishments and undertakings referred to in (b).

b) to (d)),



f) all accessories enterprises and equipment referred to in (b). (b)) to

(e)), and all of the assets used to their operation.



(2) the Minister of health (in Slovakia, in agreement with the Chairman of the Slovak

the National Council) will determine which assets refers to the provisions of paragraph 1.



(3) How will be loaded with the property, referred to in paragraph 1, the

Special regulations.



§ 19



The provisions of the criminal



cancelled



section 20



Interaction between public authorities and bodies



All public authorities and institutions are required, at the request of spolupůsobiti with

the competent authorities of the public administration and in the performance of podporovati effectively

their tasks.



section 21



This Decree shall take effect on the date of the notice; It shall carry out all

members of the Government.