On The Invalidity Of The Property-Rights. Negotiations From The Time Of Oppression

Original Language Title: o neplatnosti majetkově-práv. jednání z doby nesvobody

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=13807&nr=128~2F1946~20Sb.&ft=txt

128/1946 Sb.



LAW



of 16 December 2002. May 1946



on the invalidity of certain property-legal proceedings from the time of oppression and about

the Trustees of the nullity and other interventions in asset vzcházejících



Change: 79/1948 Coll.



The provisional National Assembly of the Republic passed on

This Act:



§ 1



Annulment of the assets and other property-legal acts of the

the period of oppression



Any conveyancing and any property-legal proceedings, whether

apply to movable or immovable property, public or private, are

void, if they occurred after 29. September, 1938 under the pressure of occupation or

political persecution, unless the one who crossed the property or who

closed the other property-legal act, a person is reliable and State

There is evidence that transfer of ownership or other

property-legal action took place at a fair remuneration, either on the initiative of

the original owner (authorized) or selected its interest.



§ 2



The legal consequences of some other interventions in asset



The same entitlements as conveyances of invalid under § 1 green

of property gradients made after 29. September 1938 legislation

invalid (§ 15) or by any means, in particular, the official statement on the

the basis of such regulation or otherwise the verdict the Court or official,

that will be as from the time of oppression is cancelled or changed. This is true

adequately about other interventions made to the property, such invalid

regulations or on the basis thereof or such judicial or official

statements.



The definition of rights and their content



§ 3



If further establishes entitlements shall mean the claims that

Green pursuant to §§ 1 and 2 of this Act.



§ 4



(1) a claim belongs to those who have invalid transfer easily things (rights)

or who else invalid property-legal act has been damaged, or

their successors; the claim cannot be enforced on behalf of the

stay is not known, on behalf of the estate of the then only stay if known

at least one heir. However, if the person entitled to State

unreliable, entitled State as the property confiscated in accordance with

Decree of the President of the Republic from 25 October. October 1945, no. 108 Coll.

the confiscation of enemy property and national reconstruction Funds. If a claim

applies the National Administration introduced in enterprises (of plants) and other

According to the Decree of the President of property the constituent Republic of 19 November 2002.

in May 1945, no. 5 Coll., on the invalidity of certain property-legal

negotiations from the oppression and national assets of Germans,

Hungarians, traitors and collaborators and some organisací and institutes, on

Slovakia, the Slovak National Council regulation of 5 December. June 1945

No 50 Sb n. SNR, a national management, looking at her as a person authorized

reliable.



(2) a claim is brought against a person who things (rights) an invalid transfer took

or who was from another of the invalid property-legal action benefit,

or against their successors, must the legal successor, which is not

the person of the State unreliable, proves that he did not know, nor know, projects

that ownership transfer or to another property-legal acts of the

which the claim derives, was under the pressure of occupation or national, racial

or political persecution. If the claim is directed against several at the same time

Parties, in particular at the same time against the persons referred to in the previous sentence, the first

the site blindfolded, and against their legal successors, to match all

the hands of the joint and several.



§ 5



(1)



Persons reduced the impact of this Act are the following:



1. the German Empire, the Kingdom of Hungary, a person governed by public law referred to in

German or Hungarian law, the German Nazi party, fascist

the parties of the Hungarian and the other departments, organisations, companies, equipment, personal

associations, funds and other assets of these schemes or related with them,

as well as other German or Hungarian legal persons;



2. persons of the physical characteristics of the German or Hungarian nationality, 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;



3. the persons physical characteristics that develop activities directed against the State

the sovereignty, independence, integrity, Democratic-Republican

the State form, the security and defence of the Czechoslovak Republic, which the

such activities have encouraged or other persons svésti looked, intentionally

promote in any way a German or Hungarian occupiers, or

that at a time of increased threats to the Republic (section 18 of the Decree of the President

Republic of 19 November 2002. June 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 or to

the Czech or Slovak nation, as well as persons that they condoned such

activities for persons involved in administering their property or business.



(2) the provisions of paragraph 1, no 3 shall apply to legal persons, if it can be

fysickým to persons who are members or shareholders of the asset or

the company (stakeholders), přičítati blame on the procedure of the authority

representative of the legal person or such persons must have missed penalties

reasonable caution in his choice and supervision of him.



(3) if fysická or legal person under the provisions of the

the preceding paragraphs, shall be decided by the competent authority if in doubt according to §

1, para. the Decree of the President of the Republic 4 No. 108/1945.



§ 6



(1) the claim goes to the return of things (rights), or to another return to

the former condition, and if this is not possible or does not have well-if the person to whom

the claim is for the interest in the return of things (rights) or on another return to

the former State to financial compensation in the amount of General prices. Return

things (rights) or other return to the previous state of the call for

not possible even when jeopardising important interests

the public. If the Department of Justice in consultation with the substantive

the competent Ministry, Slovakia also in agreement with the competent

pověřenectvy that the important interests of the public would be at risk, are

the parties and the Court.



(2) in cases of particular interest to you may offer financial

also, the refund would return things because, against whom

the claim is directed, is essential for yourself, your family and your

household and without which one can claim it is decently

bypass.



(3) this is especially true in the case of repayment of agricultural property (§ 4

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, section 2 of the regulation

The Slovak National Council of 23 December 2003. August 1945, no. 104 Coll. n. SNR, about

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

as well as traitors and enemies of the Slovak nation), then, against

to qualify, have left a total of less than 15 ha of agricultural land, and



1. the one against whom the claim is directed, shall submit the certificate of the State

reliability-Slovakia attestation from the local National Committee,

certified by the District National Committee, that is neexponoval for

Nazism or fascism or Nazi functionary or

fascist organisací, even zealously served in such organisacích

or, in organisacích, that the Nazi or fascist regime

přisluhovaly, and that or otherwise offended against the interests of the Czechoslovak

States and of the Czech and Slovak nation-, confirmation of the local

the National Committee about itself as a powerful farmer on land

they being existentially on Agriculture mainly referred, as well as the

the fact that the total area of its farmland is less than 15 hectares, or about

When you return, what would the required asset assessments remained

maintained total of 15 ha of agricultural land, and



2. one who claim is made by the Executive is not a farmer,

the returned land is managed.



(4) in terms of what may not be returned, the fruits of which were excavated and

deprived and growth, as well as the cost of the thing taken and compensation

damages resulting from things (rights), applies to the person against whom the

the claim is directed, the provisions of civil law concerning the dishonest to the holder.

However, if this person alone occupation forced to participate in the

an invalid transfer of property or other asset hearing, or

If it can be přičísti to the moment that the case (right) saved before

forfeiture, destruction or spoilage is not liable for benefits

and what about the damages and the cost of the thing taken as

the holder of the fair.



(5) the payment of financial compensation, which is referred to in the preceding paragraphs

obliged to because, against whom the claim is directed, may be with regard to the

social and wealth of the parties on the reasonable period of time or

can be enabled for transactions on payments, especially if the one who is

the substitution must, reasonable assurance.



§ 7



(1) who claim applies, is obliged to return all of the invalid


asset transfer or other property-legal proceedings received, and

If he can't do it well back, give it adequate compensation; in doing so,

as regards the return of certain things, regarded as honest holder. When

the return you can knock the claims arising from paragraph 6.



(2) for the performance of what should be returned in accordance with paragraph 1, the

apply the provisions of article 6, paragraph 2. 4.



(3) If a person has developed, against which the claim is directed itself to pressure

the transfer of securities or other property-legal acts were committed,

or if she was in any way such coercion or attempted to

the claim, found it, what should be returned in accordance with paragraph 1,

State in accordance with the Decree of the President of the Republic equivalent of no. 108/1945.



§ 8



Limitation of the claim



The claim being barred in three years from the date when this law comes into

effectiveness, however, if the Sun was just rising on the cancellation of the claim or of the changes

legal or official statement (§ 2), in the three years since the legal authority

the decision, which the Court or official statement or cancelled.



§ 9



A claim against the national administration



Be entitled to the return of property, which should be returned in accordance with § 24 of the Decree

the President of the Republic No. 5/1945 Coll., against the National Administration introduced

in such property to apply to the Court, it was only when the authority of the national

the Administration has introduced a request for the return of property, in whole or in part shall refuse or

When a decision on such a request does not deliver to the applicant within three months from the

the date on which the application was lodged.



How to claim



§ 10



(1) For a decision on the claim, the competent District Court, which has

the person against whom the claim is directed, its General Court, or at the option of

authorized by the District Court in whose district the is thing about the return.



(2) where this Act provides otherwise, the provisions for the management of

judicial proceedings the non-disputed.



§ 11



(1) the Court has usually orally with the participants to act and act to

to agree after a good. The effectiveness of the Court and out-of-court agreement

requires the consent of the appropriate fund national reconstruction.



(2) the Court may, in proceedings to order provisional measures, which shall be deemed to

having regard to the claim for necessary or appropriate; may, in particular,

who, to entrust the possession claim is made by movable or beheld him in the possession of

immovable, which returned in the proceedings. The decision on the

the provisional measures is not a separate appeal; the Court, however,

may at any time, upon application or ex officio Cancel.



(3) on the control of the contested policy clients.



§ 12



At the request of the person who submits a claim, the Court shall order that the proposal was

marked in the delivery of library, in which you need to write to

the claim is made. Decision on the claim issued against persons has an effect,

After the note acquired rights of library or law

are the subject of the claim.



section 13 of the



The ratio to the start of the dispute



If the claim was filed before the effective date of this Act, the program provides the rights and

the proceedings in the first stool has not yet been completed, it converts the trial from the official

able to control the undeniable, and if it is not itself responsible, commits it,

vyslechna as needed, the plaintiff, the court competent in accordance with § 10. The cost of

carried out by the management of the contested part of the further proceedings are

undisputed.



§ 14



Exemption from fees



Legal proceedings, of the Charter, as well as the Library Administration, and entries which

under this Act, govern the legal relations between the parties, are

be exempt from the fees, even if they occurred before the date when this law

becomes effective. However, if the thing was returned or refund

the legal successors of the original owner or the injured party, the amount of the

fee, or tax, enrichment, as if the thing or compensation went from

the original owner (the injured party) directly to its legal successor

legal actions between a living or in case of death.



The provisions of the final



§ 15



(1) the Invalid law in § 2 shall mean the regulations in

contrary to the Czechoslovak Constitution and laws it changing and additional

carry out or permit interference in the assets of the Czechoslovak Republic and

persons issued by the national, racial, or political persecution.



(2) the list of instruments in which the provisions of paragraph 1, in particular, refers to,

the Ministry of Justice in the Official Gazette and in agreement with the pověřenectvem

for the judiciary in the official Úradnom.



section 16 of the



(1) the assets referred to in § 2, para. 3 Decree of the President of Republic.

108/1945 Coll. is not subject to confiscation, shall be subject to the rights resulting from the

of this Act apply mutatis mutandis the provisions of that Decree, except part III.

Legal relations of this asset, if there is no return to the persons

authorized pursuant to section 4, paragraph 2(b). 1 of this Act, modifies the special law.



(2) the Government may by regulation plays the details of party property management

referred to in paragraph 1 and this management transferred to another Office or authority.



§ 17



This law is made to the provisions of section 1 of the Decree of the President of the Republic

No. 5/1945 Coll.



section 18



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

members of the Government.