Regulate Questions Relating To The Law On The Adjustment Of The Country. Relationship To Land

Original Language Title: Úprava otázek týkajících se zákona o úpravě vlast. vztahů k půdě

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=39960&nr=243~2F1992~20Sb.&ft=txt

243/1992 Sb.



LAW



The Czech National Council



of 15 July. April 1992,



to regulate certain issues relating to Act No. 229/1991

Coll., for adjustment of the ownership of land and other agricultural property,

as amended by Act No. 93/1992 Sb.



Change: 441/1992 Sb.



Modified: 29/1996 Coll., 30/1996 Coll.



Change: 212/2000 Coll.



Change: 320/2002 Coll.



Change: 178/2006 Sb.



Change: 503/2012 Sb.



The Czech National Council agreed on this law:



§ 1



The purpose of the Act is to mitigate the effects of some other property-related injustices

incurred as a result of validity or the end-use of some

law or on the basis of other grounds on the territory of the Czech

Republic and the establishment of the scope of the authorities of the Czech Republic in the implementation of

some of the provisions of the Act No. 229/1991 Coll., on the adjustment of ownership

relationship to the land and other agricultural property as amended by Act No. 93/1992

SB.



PART THE FIRST



§ 2



(1) a qualified person is a citizen of the Czech and Slovak Federal

Republic, which had lost assets according to the decrees of the President of the Republic No.

12/1945 Coll., on confiscation and accelerated distribution of agricultural property

The Germans, Hungarians, as well as traitors and enemies of the Czech and Slovak nation,

or the President of the Republic Decree No. 108/1945 Coll., on the confiscation of

enemy assets and funds national reconstruction, offended against the

the Czechoslovak State and took back the citizenship according to the law No 245/1948

Coll., on the State of citizenship of persons of Hungarian nationality, Act No. 194/1949

Coll. on acquisition and dispose of Czechoslovak citizenship, or

Act No. 34/1953 Coll., which some people take the Czechoslovak

citizenship, if not already a constitutional decree

President of the Republic No. 33/1945 Coll., on the adjustment of the Czechoslovak State

citizenship of persons of German and Hungarian ethnicity, and whose assets in the range of

the specified special prescription ^ 2) switched to the State.



(2) a qualified person is a citizen of the Czech Republic also state that

the property has ceased to be in the range specified by the specific regulation ^ 2) in the period from 29.

September 1938 to 8. in May 1945, and his property rights by Decree

President of the Republic No. 5/1945 Coll., concerning the invalidity of certain

property-legal acts from the time of oppression and the national administration

assets of Germans, Hungarians, traitors and collaborators and some

organisations and institutions, or by Act No. 128/1946 Coll., on invalidity

some of the property-legal acts from the time of oppression and other interventions

vzcházejících property, but this property was not the beneficiary of

returned, nor been compensated under those provisions, although according to them

compensated, nor was it should be compensated according to international treaties

concluded between the Czechoslovak Republic and other States after the second

After World War II.



(3) If a person Died, referred to in paragraph 1 or 2, before the expiry of the

referred to in section 11a, or if before the expiry of that period, declared

the dead are the beneficiaries, unless they are citizens of the Czech and

Slovak Federal Republic, ^ 1) natural persons in the following order:



and the heir of the wills,) which was presented in succession, which

acquired the entire heritage,



(b)), the heir of wills, who has acquired the property, but only to the extent

corresponding to his share of the inheritance. This does not apply if the heirs in accordance with

will only accrue to the individual case or the law. He was the heir of wills

appointed only to certain parts of the property, which is subject to

obligation to issue, is entitled only to this part of the property,



(c) the spouse of the person) children and referred to in paragraph 1, all equally.

If the child died before the expiry of the period referred to in section 11a, are on his

spot the beneficiaries of his children, and killed some of them, his

children,



(d) the parents of the person) referred to in paragraph 1,



e) siblings persons referred to in paragraph 1 and if he died, one of them,

in its place are authorized by his children.



(3) the person referred to in paragraph 1 may claim the issue

real estate, if by 31 December 2007. January 1996 is a citizen of the Czech Republic,

which became according to law No. 245/1948 Coll., Act No. 194/1949 Coll.

or the law No 34/1953 Sb, if not already a constitutional decree

President of the Republic No. 33/1945 Coll., and that up to 1. January 1990 as follows

acquired citizenship remain.



§ 3



(1) eligible persons shall be issued for the property, which were transferred to the State or the

another legal person under the conditions referred to in section 2 (2). 1 and 2.



(2) the procedure for the application of the claim is determined by special regulation. ^ 3)



§ 4



Mandatory entities are State or a legal person designated by the Special

prescription. ^ 4) persons are not Required, however, enterprises with foreign

participation and business of the company, whose shareholders or

the participants are only natural persons who acquired the property in the period

from 24. June 1991 to 27. February 1992.



§ 5



(1) if the overlapping claims of the beneficiaries under the Special

^ 5 regulation) and authorised persons in accordance with section 2 of this Act, the right to

on the issue of the property of the one of them that my property has ceased to be in

as a result of the unilateral act of the State. If in this way the lost its

ownership of progressively more of the authorized persons, this right belongs to that of the

which ownership of previously disposed of, unless otherwise agreed.



(2) the provisions of paragraph 1 shall, if he has exercised before the effect

This act right on the issue of the real estate person entitled under

a special code; ^ 5) the right to release the property belongs in this

the case of this person.



§ 6



(1) a thing cannot be issued,



and if you already have) to be issued under a special law,



(b)) was the effective date of this Act concerning approved

the privatisation project



(c)) was the effective date of the law decision on her

privatisation,



(d)) was on the issue of the release of claim to legal power

a decision on this claim.



(2) the person is entitled to compensation, which shall be in accordance with

special legislation. ^ 5a) compensation for property that cannot be

issue, and the procedure for the application of the refund system lays down specific legal

prescription. ^ 5)



PART THE SECOND



section 7 of the



The donation of real estate contracts concluded in the period from 25. February 1948 to 1.

January 1990, which a natural person donated the property of the State or other

legal person, are considered to be acts made in distress, if these

the property remained in the areas occupied by the German armies as

military shooting range.



§ 8



In case of doubts as to whether it is the territory of the former military shooting range under section

7 decide on a proposal from the Ministry of Agriculture of the Czech Republic in

administrative proceedings.



PART THE THIRD



§ 9



(1) in cases where it cannot be unambiguously specify which legal entity is

required by a person to provide compensation for the vnesený or the odňatý alive and

dead inventory, as well as inventory ^ 6) decides the Ministry of agriculture

The Czech Republic, in the administrative procedure, that of the recipient organization is a

required by the person.



(2) if the successor cannot be determined in accordance with paragraph 1, shall decide

the Ministry of Agriculture of the Czech Republic in the administrative procedure, that the

the provision of compensation for the vnesený or the odňatý alive and dead inventory, as well as

and stocks, is liable to the legal person who used land authorized

the person on the date of effectiveness of the law of the land. ^ 5)



PART THE FOURTH



§ 10



The scope of the authorities of the Czech Republic



(1) the Ministry of Agriculture of the Czech Republic is competent to:



and the adoption of the allocation price underpaid), for which the authorized person

the property was originally acquired, purchase price or compensation

the beneficiary State or another legal person when converting

real estate shall be paid compensation for the settlement of the claims of cash

institutes, ^ 7)



(b)) the provision of financial compensation, ^ 8)



(c) the payment of the living and values) of the dead inventory and inventory ^ 6)



(d)) return of the purchase price, ^ 9)



(e)) return of the purchase price and to cover the costs effectively incurred for

real estate, ^ 10)



(f) compensation for efficiently) adoption costs ^ 9) against the original

the owner of the property, which has been released under a special regulation, ^ 5)



g) financial compensation settlement between the State and agricultural

cooperatives, ^ 11)



h) the adoption of the refund, belonging to the State, the amount by which the price of the construction

exceeds the outstanding claims by beneficiaries), ^ ^



I) granting of the refund value of the permanent stands. ^ 14)



(2) to cover the necessary costs associated with the valuation of things ^ 15) are

the competent land authorities.



§ 11



cancelled



section 11a



(1) a person who fulfils the conditions for beneficiaries to 29. in May 1992,

She claims under this Act apply until 31 December 2006. December 1992.

Neuplatněním rights within this period the right to disappear.



(2) a person that has not been permanently living on the territory of the Czech

Republic to 31. December 1992 and therefore was not entitled to this day

a person may claim under this Act to 15. July, 1996.

Neuplatněním rights within that period, the right is extinguished.



(3) a person authorized under section 2 (2). 2 may exercise the right to issue

the property under this Act, not later than 30 June 2005. June 2001.



§ 12



The rights of persons entitled under this Act regulates the Special

prescription, ^ 5) where this Act provides otherwise.



section 13



This Act shall take effect on the date of publication.



Burešová v.r.



Pithart v.r.
1) section 7 of the Act No. 229/1991 Coll., on the adjustment of the ownership of the soil and

other agricultural property as amended by Act No. 93/1992 Sb.



Act No. 135/1982 Coll., on registration of residence of citizens.



2) § 1 (1). 1 (a). and (b))) and (c)) of the Act No. 229/1991 Coll.



3) section 9 of the Act No. 229/1991 Coll.



4) section 5 of the Act No. 229/1991 Coll.



5) Act No. 229/1991 Coll.



§ 18a, paragraph 5a). 2 of the Act No. 229/1991 Coll., as amended by law no 183/1993

SB.



6) section 20 of Act No. 229/1991 Coll.



7) section 6 (1). 3 and 4 of the Act No. 229/1991 Coll.



section 14, paragraph 8). 6 of the Act No. 229/1991 Coll.



§ 6, paragraph 9). 6 of the Act No. 229/1991 Coll.



§ 8 paragraph 10). 2 the first sentence of the Act No. 229/1991 Coll.



11) § 3 of the law No 42/1992 Coll., on the adjustment of property relations and the settlement of

property entitlements in cooperatives.



section 16, paragraph 13). 1 of the Act No. 229/1991 Coll.



section 24, paragraph 14). 3 of the Act No. 229/1991 Coll.



§ 21a, paragraph 15). 3 of the Act No. 229/1991 Coll.



section 11, paragraph 16). 7 of the Act No. 229/1991 Coll.