Rationing Law

Original Language Title: Zákon přídělový

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=1661&nr=81~2F1920~20Sb.&ft=txt

81/1920 Sb.



LAW



of 30 March 2004. January 1920



which shall be issued after the sense of § 10 Law of 16 June. April 1919, no. 215

Substances and mixtures. and regulation, the provisions on the allocation of land and regulates the legal

the ratio to the allocated land. (Act allocation.)



Change: 665/1920 Sb.



Part I.



On the allocation.



§ 1



Occupied by and taken the land if the State itself will not uphold or does not apply to

purposes generally beneficial, allocates land Office:



1. individuals and small farmers, domkářům, small traders,

employees of the agricultural and forestry and new, especially

the Legionnaires and members of the armed might of the Czechoslovak, as well as

the survivors of those who died in the war for the homeland or die

as a result of war service, and war disabled and survivors

vojínech, who died as a result of war service the neb had died;



2. the Board, which shall consist of the persons mentioned under number 1;



3. the persons named in § 5 of this Act;



4. agricultural and consumer associations (sections 6 and 7);



5. the municipalities and other public associations;



6. other legal persons, institutions and facilities for the purposes of scientific,

lidumilným and generally beneficial.



§ 2



(1) Individuals named in § 1 No. 1. Let there be land allocated to

the establishment of a separate agricultural enterprises, that is sufficient to sustain life

householder and his family, on which the Treasurer with your family can

hospodařiti without constant help and whose operation consists exclusively

or at least the main profession of držitelovo and výhradný, or at least

the main source of its livelihood.



(2) for the establishment of such estates can be přiděliti the soil,

free land uchazečova estate will be on the peace referred to in paragraph

the first allocation.



(3) in addition, přiděliti can be used by land to individuals referred to in § 1

under the number 1. to build their own family dwellings, economic

buildings, maloživnostenských plants, to establish gardens in such

buildings, to undertake the necessary extension of the construction sites, dvorkův and etc., for the establishment of

separate gardens and small agricultural businesses, if the soil

cultivating the holder himself or with your family members and if the proceeds are used to

supplement or improve his livelihood and his family.



§ 3



The land cannot be allocated to applicants:



1. who do not have citizenship of the Czechoslovak Republic, but for the

provided that within 2 years shall this nationality;



2. who were sentenced for criminal offences committed as a result of the loss is

the electoral law to the community if this result continues, then those who

are morally evil;



3. who are physically or mentally unable to donate to the purposes for

which land is allocated, unless it was the provision of war

invalidův and family uchazečova is to replace the lack of his

eligibility.



§ 4



(1) an Association of persons named in section 1 under no. 2. You can přiděliti the soil,

If výhradným the purpose of the Association is the joint operation of agriculture,

and if the members of the Association will be mostly personally, directly and continuously active

When the agricultural, handicraft and maintenance work on the assigned

soil, or in the surveillance and management of common business and if, in the

the company is excluded from profits in capital staggered outside

adequate capitalisation of the shares.



(2) such associations must podříditi statutes and parts order conditions

They shall designate the land authority.



(3) persons, which consists of such associations, must have the same

eligibility, what is sought on the individual candidates in § 3. Land

the Office may ustanoviti differently, as regards the persons to whom the cooperative

the proportion of the sequences went in case of death.



(4) individuals from the team raised can be allocated land according to §§ 1 to

3.



§ 5



(1) for the purposes of housing can be individuals except in the case of the allocation under section 2,

paragraph. 3. přiděliti, the land Government, public corporations and volumes

institutes, cooperatives, non-profit-making associations (building, construction

companies, building societies, foundations, etc.), to set up

small flats, that is, family apartments with an area of no more than 80 m2, shelters for

free, inhabiting most after 3 people in one room, and

the dormitory rooms of the dorms.



(2) a non-profit association according to apply the statutes of the dividend

a member must not have more than 5% of the paid-in racing and podílův

members cannot gauge the artistic beauty more than paid-up shares, while

the rest of the social equity is intended for the purposes of public benefit.



(3) a condition is that the small apartments have zabírati at least 2/3 of the habitable

the total surface area. For the total habitable area of the case for family houses

the area used for the purposes of housing, homeless shelters for free and

dormitories area used for the purposes of these institutions.



§ 6



(1) the Board, composed primarily of small farmers, it may be

land allocated to (article 15, para. 2., 2. b) to communal facilities for

the improvement of the agricultural and forestry sector, supporting their management,

in particular, to support the dobytkářství, as for example to the device and

upkeep of the public enterprises, the neb výkrmných breeding paddocks, pastures and

t. p.



(2) such Associations must podříditi statutes and parts order conditions

They shall designate the land authority.



§ 7



(1) consumer associations can be Svépomocným přiděliti the soil, if the purpose of

Association of vyráběti items of livelihood to Association members and own consumption

their families.



(2) Capital embedded members must not provide higher profits than

regular úrokův and may not be traded with the manufactured items.



(3) the statutes of such Associations must podříditi and parts order of conditions

designated by the land authority.



§ 8



Municipalities and other public associations may be even outside the cases of § 12 of the allocated

agricultural land:



1. to have their existing holdings added to the assessment,

that allows their proper and profitable operation;



to such undertakings have been rounded or secured;



in order to set up their own farms used to measure

local needs, needs for the municipal Constitution and t. p.;



2. for the purposes of generally beneficial, by which municipalities or public unions

belongs to pečovati;



3. the common devices that use agricultural and forestry

enterprises příslušníkův village;



4. after the event, even if the purpose of their use on overhead

persons designated in section 1 under # 1.



§ 9



(1) the Pasture can be přidělovati municipalities and agricultural associations with commitment,

that leave their use under reasonable conditions in the first place

smallholder farmers. When the allocation of land will be the authority to look to

out of the pasture had to benefit the greatest number of people, and may

plays, the order with respect to editing and maintaining pastures.



(2) Individuals can přiděliti pastures only when their acceptance

local authorities or associations of farmers, is looking to their location, inappropriate

or when a village agricultural associations with the neb General re‑examination of the allocation.



§ 10



(1) the land under forest demonstrated local needs and taking into account the

the special circumstances of the local přiděliti in the first place to municipalities and other public

unions. When determining the acreage of let there be taken to ensure that the total forest

the assets of its area and the nature of the guarantee the orderly holding in the

the meaning of the forest laws. Land Office, decides on the allocation, it may

uložiti the conditions of an orderly management of security monitoring.



(2) the current continuous economic forest units (Polesie, venues)

as a general rule be retained, which does not preclude were allocated more

candidates as an economic unit in the common-ownership and use.



(3) Individuals can přiděliti forest land and to a lesser, exceptionally

area, in particular the goal to be rounded or otherwise supplemented and

maintain their forest and the jinaký property, if forest land, by which

It is seeing a slight her size, which is not relevant to the management of the municipal

or the State, or if it is of all or several of the parties surrounded by

land uchazečovými.



§ 11



(1) you can usually přiděliti Ponds to municipalities and other public associations and

Board, especially if already deal with rybničným economy

or if the share rybničné area has been improved their

rybničné neb agricultural economy, as well as the svépomocným Association

established for the cultivation of rybničného of the economy.



(2) such associations must podříditi statutes and parts order conditions

They shall designate the land authority.



(3) Individuals can přiděliti ponds under similar conditions as the

they can be přiděliti the land forest.



§ 12



Agricultural land and other municipalities as well as other přiděliti can be clusters of public,

If the land less valuable or if its proper využitkování

such cargo, which would likely could not take upon himself Treasurer

different, so for example, in the case of land left fallow and the afforestation of

or to the establishment of orchards, prutníkův, about the poor pastures, peat

lands that require cultivation and t. p.



section 13 of the



(1) industrial enterprises, if they will not be allocated to the land as a BC. When


the allocation of the soil Association named in § 1, no. 2, or when the allocation of goods

residual (section 24), an association can be přiděliti to the operation of the agricultural

the industry set up by the Association, in particular, to the promotion of agricultural

production and associations composed of producers of raw materials to be in

the company processed, or from consumers. Where the nature of the case and

in particular, if there is no suitable candidates being nominated, the industrial

businesses to be allocated also to the provisions on the unprecedented farms

residual (section 25). Individuals can be přiděliti smaller plants industrial

(smaller sawmills, flour mills, workshops and t. p.) in particular, they do not ask for the allocation

the associations referred to above, or if it is not suitable for them.



(2) Water power, rejects their use at allocated state

in particular, the public service unions to perform community service, podnikův

an association set up to promote agricultural production, improvement and

Association of producers established by ku processing of raw materials and individuals to

operation of the plants, which they have now with využitkují or to

the establishment of new plants.



§ 14



If the chance přídělův, what in the upper

provisions is not decided, the land Office has postupovati

so that its decisions as much as possible approached to the objectives, which

watching this Act and make those decisions benefited the most proper

production and the benefit of the population.



§ 15



(1) Soil can be přiděliti to ownership, to lease and tenancy, and it can

be established right under the law of building 26. April 1912, no. 86

r. z.



(2) as to whether the land will be allocated by one way or another, decides

the Office of the land depending on the nature of things, přihlížeje, firstly, to the wishes of applicants,

on the one hand to ensure that the legal form to accommodate the purpose of allocation of

that goes. In doing so, however, go with the Office of the land the following principles:



1. Individuals to set up self-contained farmhouses (§ 2) so be it land

as a rule, allocated as peasants ' nedíl. (articles 30 et seq.)



2. The tenant may be přiděliti the soil and in particular:



and if the individuals themselves) to seek a tenant with a view to their

special circumstances if it runs for such purposes, which best suits the

the lease, in the case of allocation of land to beneficiaries of farming on soil is only

secondary vocational or complementary to the livelihood, or for their

profession cannot on land permanently usídliti;



(b)) if the land assigned by the Association to the joint management (section 1, no.

2), agricultural cooperatives and consumer (§ 1, no. 4).



3. The tenancy or rental let there be given usually land near cities and

industrial sites that probably will soon need for purposes

building. Must not be assigned to the property for purposes other than

building land which polohopisným the municipal plan is intended for the purpose

building.



section 16 of the



The land Office shall allocate land to space, quality and quantity, so that the

the purpose of the allocation has been satisfied as best, přihlížeje, first, of the reasoned

the wishes of applicants, and, secondly, to ensure that the interests of the public and have been truncated

legitimate requests of other candidates. In doing so, follow the land Office

in particular the following principles:



1. To establish a peasant nedílů přiděliti is so much land to be

formed self-sustaining homesteads, as described in § 2, para. 1.

self-contained place land Office, in peasant farms generally

homesteads about 6 to 10, after the case of 15 ha of agricultural land according to the quality

soil and landscape conditions.



The authority shall take into account the land to the land, which is owned by the applicant's

or members of his family living with him in a common household, as well as to

the soil on which the candidate is running, the following members of the family or from another

because of the rule, and will be dbáti to ensure that in these cases the allocation

they were not formed by the economic units that do not correspond to the concept of

self-sufficient homestead.



It is true that the applicant's family members living with him in a common

the home, do not have a separate claim for allocation of land, whereas, however, can be

allocation přihlédnouti to the number of decent family members living in the common

household and jointly managing, and that this provision in no way

does not preclude the allocation alone at least solicit Members

households who wish to zříditi a separate household.



2. An association referred to in § 1 No. 2 can be at most přiděliti so much

of agricultural land, to each holder of such share, which fell by

in accordance with the principles set out under no 1 was him fell, if he ran for

the land as an individual. At the free shareholders počítati is half of the

This acreage.



§ 17



(1) if there is more than one application for the allocation of the same soil and if it is not so much

taken to the allocation of land suited to be able to vyhověti all

applications, be it in deciding to proceed was given the first

for the purposes of generally beneficial, if they are unable to satisfy more easily and without

damages appropriations of land circumference of another.



(2) in the case of the persons referred to in paragraph 1, be it especially takes into consideration the persons

appointed by ibid. No. 1 if they seek the allocation to the establishment or

extension of agricultural podnikův and to persons designated therein under # 2.



(3) However, to Compete in the same circuit applications of individuals for land allocation

the establishment or expansion of agricultural holdings with requests of the Association to

the joint operation of agriculture, let there be followed so that the allocation

land for such an association was not too squeezed the allocation of land for

eligible individuals, especially those who seek the allocation to

expansion of its economy to the peace sufficient to support a family or

the transfer of land to the spachtované property.



(4) if the Competitions together in the same circuit applications of individuals, which for

the lack of land cannot be completely vyhověti, let it be taken special consideration to

applications of these candidates:



1. legionářův and such příslušníkův the armed power of the Czechoslovak,

who stood as such in the fight with the enemy, in particular those who are

certify or injury or tormented by war, have suffered a loss

on your professional activity; then the survivors after the fallen legionářích and

members of the Czechoslovak armed might. Fallen legionnaire and fallen

members of the armed might of the Czechoslovak are brought on a par with

those who perished the pangs of war or on which he has been in captivity

executed a death sentence for their accessories to the Czechoslovak

legions.



For the Legionnaires are members of foreign troops of the Republic of

The Czechoslovak, who entered military service in the foreign

Corps military before 28 February. October 1918. Surviving people after legionářích and

members of the Czechoslovak armed might have on the

the wife and descendants of the matrimonial and family members whose

the pension they were by law required to pečovati;



2. invalidův of war and survivors who fell after vojínech neb

died as a result of war service;



3. existing small pachtýřů the land;



4. applicants whose buildings are adjacent, directly with the desired

the land and make it so that only the desired plot of land can be used to satisfy

the urgent need for following the extension of the building site or after the establishment of the

Garden, or that the requested land for another reason necessarily

needed in order to facilitate the use of the land or its uchazečova

building;



5. returning emigrants who are farmers.



(5) let there be taken special consideration to applicants who show

special competence, professional economic education or vocational training,

then to those who either themselves or whose ancestors were the owners of the

the required land and property without their guilt lost; to those who

in the same circuit are staid or ibid. and cultivated those who have

the necessary economic device. Přihlížeti is also the maintenance people

not yet employed on seized land, if the allocation is for more of their

to remain on the land, to the point where they will not be taken care of otherwise according

§ 9, paragraph 2. 2. the Act of 16 July. April 1919, no. 215 and mixtures. and regulation.



(6) if the Competitions along the land applicants who already have land, be it for

the same otherwise circumstances taken into account those who have land špatnější.

Under the same conditions, be it especially takes into consideration the candidates married,

in particular, those who are in charge of the children of both spouses, if they intend to

on the soil hospodařiti together. Applying a ration of persons living in

marriage is particularly taken into account such who claimed to

the ground was allocated to both spouses jointly.



(7) the principles have not yet referred to follow Office land, where the similarly competitions

along about the allocation of land associations referred to in § 1, under # 2.



section 18



(1) the authority shall draw up a Land for individual objects, from which

the applicants seek an allocation, the General work plan, bearing in mind the

not only the allocation of the time reasonably required, but also the possibility of the allocations in the

time later.



(2) the sdělávání of the work plan is to look to the right of the owner of the

the land on the release of part of the assets of the land under section 11 of the Act in


of 16 December 2002. April 1919, no. 215 and mixtures. and regulation, as well as to the circumstances,

which according to the same provisions shall be reason propustiti a higher assessment of

conquest and finally to the possibility of a compulsory purchase order on the land sáhnouti nezabranou

pursuant to section 14 of the same Act.



§ 19



(1) the plan referred to in section 18, let it be built in such a way as to

to ensure proper management as on land allocated, on the soil of

released and retained it grab the owner.



(2) in order to achieve such a policy, the care of the Office of the land,

to make also the necessary measures to protect the rights of water, duration

that, if it were needed, of the newly edited by use of water power, has set up a

the Ministry of water and way and has done absolutely everything requires proper

management in the circuit that goes.



section 20



When you sdělávání plan přihlížej land Office to share

have not been withdrawn by the beauty of nature and character of the landscape and to the injury hadn't kept sights

natural, historical and artistic. A land registry office may to target

svoliti to areas that are devoted to parks, natural parks,

used otherwise for ornamental use: landscapes, or whose purpose is, and long life

a sample of the original character of the landscape, or the East and ochrániti historical

monuments and their surroundings closely related, the owner had been left

In addition to the acreage of land under section 11 the law of 16. April 1919, no.

215 mixtures. and r., can be released to the owner of the pre-existing

the settlement, if the owner of the land shall be subject to the conditions laid down

the Office in agreement with the participating ministries, with regard to the

accessibility of those places the audience, scientific and artistic staff,

or use them for the purposes of lidumilným.



section 21



(1) the ground let there be allocated in the most conducive and so be it if

can be achieved by zcelení land in the municipalities in which the property is unoccupied.

Nevertheless, the authority may, in particular, also dependent on the ration to do that

candidate for allocation shall be subjected to its free assets scelovacímu plan

the Office says in one.



(2) if the zcelení will not be done at the same time allocation of land, they undertake to

those that land will be allocated to that they do not have objections to the later

scelení and scelovacímu plan, and the rights to them in the cause of belonging

passed on to the land Office.



section 22



According to gross, let there be a detailed work plan schedule

the allocation of land, looking to the incoming applications and allocations of other options.



Article 23 of the



(1) the authority shall determine the land Allocates land, whether and how the right kind

allocation of land acquired is limited and whether any and what obligations

arise to the person that the land allocated, and also appoints the legal

the consequences associated with failure to comply with the restrictions and the stored

duties.



(2) the land will be the authority dbáti to ensure that

land allocated will not be stolen, which monitors the allocation purposes, and

allocates land ownership will be, if the nature of the case requires it,

říditi analogous to the provisions given in the second part of peasant nedílech.



(3) if the restrictions on the right to the allocation of the express authority of the land with the

fits under the General provisions of the law library to write a library,

Let it be recorded in public books. If so, can't nobody

dovolávati that, without their guilt about that restriction.



section 24



(1) That was obtained for the allocations as well, where the land is,

looking to her demand, lack of, as well as to tenure was modified

land (rounding border and ensuring that the enlargement of the agricultural

Economic and residential buildings and their accessories), the land

the Office considers a reasonable part of the land occupied by the agreement with the participants in směniti soil

nezabranou and according to the circumstances of the entire agricultural undertakings, unless the

reduced soil that is needed for the purposes of public benefit and for

the applicant referred to in § 1, the No. 1 and 2.



(2) To let it be used in conversions primarily goods that in the allocation of

incurred by the proper využitkování of buildings established in the previous

economic units leave when buildings such reasonable

area occupied by land, or land that is separate from the

the existing economic units přikáží needed buildings (farmhouses

the residual).



(3) subject to the conditions listed above can be vytvořiti from the land suitable

new Exchange agricultural enterprises.



§ 25



If the residual goods or other larger businesses in the agricultural, whose

Division due to the economic production is not vhodno will not be exchanged after

reason of section 24 and if they will not be allocated to the persons named in § 1, under no.

2, 4 to 6, so be it hleděno to have been assigned to create a

Professional holding candidates, particularly for individuals eligible for

the management of the larger agricultural undertakings.



section 26



(1) requires the allocation of land for the purpose of general interest, the

Land Office in doubtful good semblance of competent

the Ministry about whether the purpose goes, can be generally thought me

beneficial.



(2) requires the allocation of the same piece of land at the same time for different purposes in General

beneficial and if you cannot docíliti the agreement between the participating ministries,

Land Office shall submit to the Government a thing about her decision.



section 27 of the



The final decision of the authority and the agreement of land, with its

the approval clause, the documents vkladným.



section 28



(1) in order to, if possible, achieved an amicable agreement on the requests for the allocation of

land that relate to either the same object or seized the land in

a local circuit, to bring to the program and the progress of work

associated with the allocation of land supported by agreement with the local actors,

If they affect rights, establish the Office of the land according to the circumstances

local committees such as advisory councils.



(2) to be called upon, in particular, these representatives of your soil

NEB associations representing their interests, then the representatives of the participating

the authorities of the State, local authorities and professional associations of economic.



section 29



(1) the forthcoming implementation of the allocation of land is beheld in suitable manner

General and to let it be adequately published, when and where it is podávati

request for allocation of land.



(2) the detailed rules on these matters will be determined by the regulations.



Part II.



The peasant nedílech.



section 30



(1) the peasant nedíly arise:



1. the allocation of the entire estate (§ 2, para. 1.);



2. the merger of the assets of the land with the share (§ 2, para. 2.);



3. the fact that the free land will be under the authority of the order's assets designated in the

This section.



(2) if the entire estate, granted may not be assigned otherwise than

as nedíl. With regard to the allocation of land, which has to be enlarged property

small farmers on acreage self-sufficient homestead, decides

If free assets has to be merged with the allocation in the peasants ' nedíl,

or nothing, the Office of the land, and his care to limiting resources

This merger has achieved, so according to the circumstances, the allocation of odepříti,

If free assets of candidates subjected to the order nedílovému. Free

agrarian property agrees to the procedure established in this part of the Office

land after the application vlastníkově.



section 31



The Homestead is the peasants nedílem, let it be stamped in the books of the public in the

the title sheet of the essence of statkové. If so, can't nobody

dovolávati that, without their guilt did not know about the restrictions which is

subject to the right of nedílů.



§ 32



(1) on the outside of the ordinary Ministry nedílech can land and servitude

apartment váznouti debt rentové, figuring in this výměnek, and it rents

temporary, factual and redeemable. Other debts are přípustny with the consent of

the land Office, provided with respect to the creditor or the person

loan conditions indicates an obvious advantage over to the debtor of the loan

rentovému.



(2) if it is a merge of the free assets with allocation or on the submission of

the free assets of the order of a nominated in this section, you need to

jinaké glitches stranded on the free assets than those that are listed

in the first paragraph, have been turned into (converted) to such defects. About

This conversion applies the provisions of the General Land Office, but will this

conversion of podporovati ambitious activities and cannot consent to the establishment of a

nedílů pursuant to section 30, no 2 and 3, where looking to the deficiencies operated on

free assets would be created economic whole life.



§ 33



(1) if it is not a substitute for rationed paid in cash, is binding in order for

public taxes and benefits, in the form of either eternal neb redeemable

annuities, the entries for the soil and if it is a case referred to in paragraph 30, below. # 2,

on the whole estate resulting from a merger of assets with allocation.

Renta eternal can be converted into an annuity at any time umořitelnou, where

for the owner.



(2) Profitable debt replacement is zapsati in the books.



(3) Further provisions on the rentových debt after this law will be common sense

given in the Act of taking over the land and compensation for her, after the case in

a special Act.



§ 34



Body of the peasant nedílu can be a single person or a married couple together

except in the case of the community, which are served from §§ 48 and 49.



§ 35




(1) Zavazení nedílů, if ever is dopuštěno (§ 32), you may stand only

with the permission of the land Office. Profitable debt, slow-moving on nedílu, may,

If it's not about výměnek and the case referred to in § 32, para. 1., to be set up

just for public institutes, which will be marked with a credit by a decree of the Government.



(2) the detailed rules on the establishment of such rentových dluhův and exceptions

of paragraph 1. establishes land Office.



(3) debt can be Profitable, only, in order to be provided with

resources:



1. the payment of compensation for the allocation or by defects on váznoucích

free asset that should be merged with the food, or to be

under the authority of the order of nedílovému (section 33);



2. for the establishment or expansion of economic and residential buildings or to

permanent improvement of the Manor;



3. measures or supplementing marketing inventory;



4. to pay the inheritance of shares or platův stored the last

the acquisition.



section 36



The peasant nedíly can lead only to the interpretation of the execution by the administration.



§ 37



Agrarian in nedíl or in part may be disposed of only with the permission of

the land Office and about how these provisions apply:



1.



(1) unless strong reasons against it, the Office of the land always přivolí

the disposal of the entire nedílu, which has the character of an anticipated start-up sequence,

in particular, if the Homestead is a výměnek.



(2) in addition to these cases, the authority to land disposal of přivolí all over the nedílu in the

the first 10 years after the allocation only for reasons of urgent (disease

the owner's, which makes farming impossible and t. p.), and it just so,

the price of the market, especially if it exceeds what has been inserted into the nedílu

owner, goes to the State. It is polite to my account

have improved and carried away.



(3) on the expiry of 10 years from the allocation, the land Office přivoliti to

alienation due to fitness, but the provision for the issue of the excess of the market

prices are valid here as well.



(4) Nedíl can be zciziti only person who undertakes to keep her

Homestead hospodařiti, has the necessary capacity to do so (section 3), and

nehospodaří as owner or otherwise, on the soil of greater than the

half of the nedílu in the landscape of the habitual.



2. the Authority gives reasons for urgent land outside the disposal market share

rolnickém nedílu in favour of the owner's spouse (wife).



3. To exchange the land nedílových for other přivolí land Office only

improve the management of the estate, and if the replacement land,

Mindful of its quality and area, an appropriate substitute for land

směněný.



4. nedílů přivolí Office for distribution to the land only when nedílech referred

in section 30, under no 3, and only when the new units plus

the free assets of persons who have a nedíl poděliti,

self-sufficient farms and will be subordinate to the order of nedílovému.



5. the transfer of a portion of nedílu přivolí Office of the land from the serious důvodův and

If it is not jeopardizing sovereignty nedílu.



§ 38



About propachtování nedílu and its parts shall apply mutatis mutandis to section 37, but

propachtování individual parcels not exceeding the sum of one-fifth of

the entire acreage for a period of not longer six years, then a partial rent

residential, farm and other buildings do not require consent of the land

the Office. However, the Office may land the contract subsequently referred to zrušiti,

take the belief that such a leasing or letting of the damages

management on nedílu.



§ 39



Agrarian nedíl can in the case of death, as a sequence of legal,

so the sequence of the last acquisition of the připadnouti only a single person

(přejimateli) excluding the cases heading to § 37, no. 4, §§ 48, 49.



section 40



When it comes to a sequence of legal, shall designate the přejimatel according to the law and

show the legal sequence of inheritance, as is regulated in the civil

code. Of the several heirs of boarding in the estate called are

the individual, if the approval authority of the land shall otherwise agree,

to take nedílu as follows:



1. as a general rule the male heirs precedence before belongs to the feminine and between

the heirs of the same sex elders before the younger; at the same age decides

Los. Relatives according to the degree more than take precedence over.



2. children always take precedence over pokrevné children adopted, spousal

before the illegitimate. The children of legitimované are on a par with built in children

married.



3. unless the descendants of zůstavitelových, called either přejimatele

estate surviving spouse if the marriage was not legally divorced.



4.



(1) the takeover of nedílu is usually excluded person:



and which has been withdrawn by the Court) the right to freedom of asset management,



(b)) which for mental or physical defects is not eligible for Homestead

free hospodařiti,



(c)), which is apparently náchylna to marnotratnictví,



(d)) that does not permit the same profession on hospodařiti personally,



(e)) that is at least after two years ' absence and does not give of your stay

the message, if its absence is associated with such circumstances,

that is doubtful, if not present at the appropriate time to return.



(2) the lack of age is no reason excluded.



(3) Decide on how, if there are reasons for excluding the takeover of nedílu

According to lit. b) to (e)), or nothing, belongs to the Office of the land.



5.



(1) where there is more spoludědiců, gives way to the person designated by numbers 1 to

3, which at the time the idea is the owner of the výhradným heritage farm

estate equal to the value of half of the nedílu, of which it is, or

an even larger estate, nedílové or others free

spoludědicům to převzíti rights and therefore falls in the farmhouse, nedíl

nearest to the person under this Act, unless the decided

render custom applications for a price closest to the farmhouse, and the extra

According to the policy section for 43.



(2) If no one does not want from spoludědiců převzíti Homestead, later referred to,

passes their right shall demand that the heir was called up to take

they stepped back.



(3) If a person appointed pursuant to no. 1 to 3 to the some of the estate appointed in

paragraph. 1 this number to a law other than exclusively the right of ownership shall be decided

about the law and the law of the other spoludědiců to take over the Office of nedílu

land přihlížeje to the principle expressed in paragraph 16 has been infringed

If possible, at least.



6. If the heirs with him of the persons who are not among those in which is

by reason of the provisions above, negative, can be through this one

appointed for the přejimatele of nedílu, if the Office of the land

failed to recognize the more appropriate Homestead vykoupiti according to the principles expressed in the section for 51 and

the newly přiděliti it.



§ 41



(1) the owner of sincerity about him may nedílu to death, but only so

that heir shall call out the cases he's heading to § 37, no. 4, person

the only and that do not prevent any of the negative reasons §

40, no. 4. The decision as to whether there are such grounds, the negative

belongs to the Office of the land.



(2) if the testator had appointed several heirs, whom one of them přejimatele

the Office of the land, unless otherwise agreed by yourself of eligible přejimateli.



(3) the Appointed heir of the deceased person, if ineligible, shall apply mutatis mutandis to section

40, 6.



§ 42



(1) with nedílem goes to the přejimateli accessories. What is the

thought me for accessories, establishes the General civil law. Belongs to

in particular, it is also economic inventory, if it is necessary for the proper

education estate. If the interested heirs could not about

shodnouti is a range of necessary economic inventory appointed

the Court after hearing of experts.



(2) if the Missing would be something to the required economic, inventory

therefore cannot be claimed for reimbursement from other prices.



§ 43



(1) the Division of the estate shall be assigned a farmhouse with accessories

přejimateli, who will become up to nezadlužené the value of this

the allocation of the debtor's estate.



(2) the value of the estate with the accessories according to the land registry office will appoint a

the best discretion so that the přejimatel could obstáti on the estate.

Decides, the Office of the land vyžádati good semblance of offices and

officials, who seem to him appropriate and it will be his task to dožádal

Court for the hearing of the parties concerned, or their legal representatives.



§ 44



When you split a surviving fortune so be it on site estate taken under

the basis of the sum calculated under section přejimateli for 43 as a debt. The distribution of this

becomes between spoludědice, přejímatele, reckoned them, according to the

the provisions of the General Civil Code and proceedings in cases of uncontested.

However, the distribution of the estate so be it always enforced either by the Court or

submitted for approval. In the instrument of the split say that let it be

the distribution of the estate was předsevzato under this Act.



§ 45



If an outside přejimatele could be vybyti from

the rest of the estate and could not if it would přejimatel vybýti of funds

own, pays them their shares of the profitable Institute appointed under section 35,

that will be inserted on a homestead claim corresponding to rentová

paid up shares. These rentové claims are amortizable, rentami

the above amount will be determined by the TA at least so that the annuities were

extinguished, when according to probability calculus přejimatelovo

management on the farm.




§ 46



If the nedíl is stolen (§ 37) to ten years after the settlement between

joint-heirs, must přejimatel spoludědicům doplatiti what favorable for

him an estimated estate under section at the 43 were they an on their

shares of truncated.



§ 47



Policy sections 43 and 45 shall apply mutatis mutandis, if the sequence of inheritance

called the only heir at law or under the last acquisition, but

He was saved at the last acquisition of the share of wages expressed

the estate or jinakým.



§ 48



(1) if the heirs with him of the siblings, and if called přejimatel as well as

(I) all or some of the joint-heirs or their legal guardians so

proposed settlement of inheritance between them may, with the permission of the authority

the land to be postponed. In this case, is the homestead of the sort

siblings fell for in joint ownership with the fact that přejimatel can

the boy held his right at any time to take over the estate.



(2) this Division shall postpone the estate between the common přejimatele

homesteads for so long to be used nápadnického law. Beau



(3) if he hath from the community one of the other of the partners or

will die if one of the siblings for the duration of the community nezanechav

offspring, the other partners shall be entitled to the share of vacant převzíti

under the provisions of section 43. If this permission does not apply, or if left

the deceased companion descendants, přistoupiti ready to odročenému Division

the estate.



(4) the joint-heirs, who do not belong to the community as referred to in the first

paragraph at vybyti immediately pursuant to section 45.



§ 49



(1) the death of one of the spouses, who is co-owner of nedílu,

the Office of the land, if the surviving spouse's share will accrue vacant

pursuant to §§ 40 and 41, this percentage přejimateli specified according to the guidelines

nominated by the sections and inheritance in this share is governed by the same

sections. However, at the latest, after the death of the other spouse be modified.

the rights to the nedílu so that it is compared with section 34, the Office may land in

to this end, use it right the buyout he foisted on § 51.



(2) the Office may Land the surviving spouses want the right to

the share of the deceased husband, from redeem his heirs even when

second husband left descendants, if this adjustment only guarantee

the successful management of the nedílu. The purchase price will be determined by precedent

section 43.



§ 50



(1) the authority may ustanoviti land management on special order

nedílu, in particular also to the membership in some cooperatives, protection

monuments of nature and art, the preservation of the landscape and the landscape

a special feature in construction, insurance against damage and the life and t. p.



(2) on the conservation of this order are supervised by the Office of the land.



§ 51



A land registry office may vykoupiti nedíly:



1. when the owner of the forfeited property, designated in section 3 for

the conditions of the allocation, unless a wife or other members of his family on the

nedílu farm;



2. If the owner of the nedílu permanently managed poorly or leads

dissolute life and gives a bad example to your surroundings;



3. If the owner arbitrarily is against the order of the inserted him after of reason

§ 50;



4. If the owner of the nedílu itself nehospodaří and live on it, unless

that there were serious grounds for apology or transient faults and if

the proper management of the nedílu taken care of family members or

otherwise;



5. except in the case of emergency accidents, disease, or other

the emergency beyond the barriers to dluhuje the owner of the rentové installment

stranded on the estate for more than three years;



6. If the owner of the concentrated in their hands possession of land,

that land, which is running at least double the assessment achieves nedílu

in the landscape of the habitual. In this case, however, the uvážiti look great, whether it's not

the concentration transient, that would pass, dispatching it to the offspring and t. p.;



7. If the need occurs, according to the provisions of § § 40, no.

6., 41 and 49. about the succession in the nedílech.



§ 52



(1) if the nedíl redeemed, will be given as follows vykoupenému replacement and it

penízem, which corresponds to what has been inserted into the nedílu owner and

his predecessors. In the case of land allocated, is equal to this coin price

the allocation is granted. When calculating the compensation suits to look to

a necessary and useful to the cost of nedíl made by State at the time of

the takeover of the land by the authority, as well as with the other party to the deterioration, for which

the owner is responsible under the General provisions of civil law.



(2) if possible docíliti of the price agreement of the load and the amount of precipitation,

will decide the District Court in whose district the nedíl lies, management

the undisputed.



§ 53



(1) the purchase is decided in the cases of § 51 No 1. up to 6. After the draft

the land Office of the Arbitration Court of the land Office. Courts of arbitration

may be established as needed, several for each of the local networks.

The Court of arbitration consists of a Chairman and his Deputy appointed by the

President of the Republic from judicial officials, of the judges who

the State must also náležeti soudcovskému and appointed by the Minister of

Justice, and economic experts appointed by the land

by the authority. The Court rules in the Senate, in which one sits next to the President of the

a member of the State judicial and economic expert.



(2) the composition of the Court and its rules of procedure shall be governed by regulation.



§ 54



(1) the decisions of the arbitral tribunal is not an appeal and

the finding is immediately enforceable.



(2) the decision of the Court, the Office may nevertheless enforce the interpretation

Administration as an interim measure.



section 55



(1) the representation of the interests of owners of peasant nedílů establish when the

the Office of elected Advisory Council of plots of the owners of nedílů. Land

the Office and the interested ministries can I start sending representatives to this choir

from professional circles.



(2) provisions on the Organization and scope of this Corps will be given

by regulation.



Part III



The provisions of the fee



§ 56



Provisions concerning the fees of the legal proceedings, documents and official

negotiations, unless this Act provides otherwise, and on acts

předsevzatých in the allocation of land.



§ 57



(1) the allocation to the ownership transfer for consideration shall be deemed securities under

the law fees. The value of land provided for allocation by the Office together

with the value assumed by the performance of the side is the basis for the assessment

fees.



(2) the value of the nedílů laid down pursuant to § 43 para. 2 integration of the Association for

the basis for the charges and fees of real estate probate.

However, if it is about the alienation of nedílů pursuant to § 37, is from supplements spoludědicům

under section 46, provided for paid the fee, if any, additional

immobilární and inheritance.



(3) release according to § 11 the following of the law it is not considered a conversion

under the law, the fees.



§ 58



(1) the fee shall be exempt:



1. all documents (submission, attachments, documents, certificates, protocols

and etc..), submitted after the sense of this law to achieve the allocation of persons

referred to in paragraph 1,



2. shift, referred to in § 24, if the value of směněných land is the same.



(2) the allocation of a value (§ 57) does not exceed $ 10,000, the

of the person in section 1, no. 1, 2 and 3 of the said quarter, holders of the other half of the

the transfer fee of the whole value of the allocation. For the rations, their value

exceeds 10,000 Eur, the transferees a transfer fee of half

the whole value of the allocation.



§ 59



For direct incorporation fees are required to those to whom the allocation has become,

more than one person is beholden to the hands of the joint and several.



section 60



More detailed provisions on the public benefits will be released by law

náhradovým.



§ 61



(1) when granting consent to the alienation and Division of real estate pursuant to § 7

following the Act assesses and selects the land authority, if the soil is

be released from the land, for the purpose of land allocation and promotion costs

kolonisace from the party, of which the authorisation was granted, 10% of the value

real estate released. The value of this land shall be determined by agreement between the

the Office and the applicant. Agreed value may not be to the detriment of the principles

the future law on the dose of assets. In cases of particular interest

worthy to offer an appropriate authority may land relief.



(2) the grant of approval to rent (propachtování) economic

units and enterprises marketing and forestry industry pursuant to § 7

following the Act levied and collected from the parties, for the approval of the lease

the requesting office, land to the same purposes, one-quarter of a percent of the

the total rents paid in cash.



§ 62



The provisions in § 61 acts back on all the alienation, Division and rentals,

that Office shall, when granting the approval of land reserved the right in

for the above mentioned section.



Part IV



Transitional provisions



§ 63



(1) if the receipt and allocation of land in places where it is, particularly after her

urgent demand, the longer the time, the land Office, šetře

the provisions of § 11. following the law, uložiti, who seized land

is running to be raised by the parties in article 1, no 1. appointed and the Association

These people (section 1, no. 2) to the tenant (podpachtu) a reasonable acreage for


normal conditions, if the person tenancies you provide warranty

sound management (articles 3 and 5, paragraph 5).



(2) the Measures must not be compromised, nor the interests of the production on the

which economic units or persons permanently employed on them or

the interests of the people of supply.



(3) Pachtovní time so be it a maximum of six years. Nevertheless, the Office may

přiděliti land otherwise even before it passes through the period of tenancy.



(4) does not comply with this command in the specified time, the land Office

the pachtovní binding himself to both sides. In choosing the persons

due to the pachtýřů and land so be it politely takes into consideration the interests of both

party.



(5) the State is obliged to sharecropper nahraditi propachtovateli useful

cargo that until the day of the takeover was spent on land to achieve new

crop, if not as a condition pachtovní agreement between the Parties provided that the

sharecropper's plot fell for at the end of tenancy in the same State, in the

what it took. Unless otherwise agreed by the parties on the compensation of such cargo,

applies to the determination of its analogy the provisions of § 5. Cust. out of 30. October 1919

No 593 mixtures. and r., on the protection of small agricultural pachtýřů.



(6) implementation of these transitional provisions may land Office

to be done also on the competent authority of the political. For this purpose, can be

set up to support the political offices regulation special advisory bodies.



(7) the power of the land to the authority under these transitional provisions takes

until the end of the 1920s, when it comes to Slovakia and Subcarpathia, in

the end of 1921.



Part V



The provisions of the final



§ 64



This law operates from the date of publication.



§ 65



In one case, this law obliges all Ministry.



T. g. Masaryk v.r.



Tusar v.r.



Dr. Benes v.r.



Hampl v.r.



Švehla v.r.



Paul k v.r.



Thomas s v.r.



Dr. v.r. Heidler



Dr. Winter v.r.



Dr. Jolly v.r.



Dr. Hoxha v.r.



Dr. Franke v.r.



Habrman v.r.



Stanek v.r.



Powder v.r.



Houdek, v.r.



as Minister for supply to people and on behalf of the Minister who is absent

public official. health and physical education.