119/1948 Coll.
Law
of 28 June. April 1948
the State Organization of foreign trade and international freight forwarding.
Change: 86/1950 Coll.
Modified: 11/1959 Coll.
Change: 42/1980 Coll.
The constituent National Assembly of the Czechoslovak Republic decided on
This Act:
SECTION I.
Principles of the organization.
§ 1
cancelled
§ 2
cancelled
§ 3
cancelled
§ 4
cancelled
SECTION II.
The extent and effects of nationalization.
§ 5
(1) the Minister of foreign trade may, should the decree in the Official Gazette
with the effects of the service of the enterprises, which at any time during the period from 1 July 2002.
January 1946 until the date specified under section 2, para. 2 operated after the
živnostensku foreign trade or international courier services,
znárodňují after nationalization, as well as which day is done. Similarly, so
Minister for foreign trade may make separate výměrem parties
parts of the individual property elements or individual property
pieces listed enterprises.
(2) for the enterprises engaged in foreign trade after the živnostensku at the same time
under this Act, and the wholesale activity under the Act of 28 June.
in April 1948, no. 118 Coll. on the Organization of the wholesale activities and the
the nationalization of wholesale enterprises, Foreign Ministers agree
trade and internal trade, considering that outweighs the importance of the
Enterprise for foreign or internal trade, according to which of the two
the laws will be postupovati.
(3) operation of freight forwarding on the territory is not limited by this Act
prejudice.
§ 6
(1) the State's ownership to znárodněnému takes the property.
(2) Nationalization concerns
and real estate, buildings), equipment,
(b) undertaking including) accessories in it all, and the right of chattel
(licenses, trade permission, signs, patterns, water rights and under.)
bills of Exchange, securities, passbook, cash and receivables.
(c)) other chattels and rights than are the accessories business.
(3) the property referred to in paragraph 2, the nationalization of the concerns, is used to or
If the intended operation of the nationalized undertaking, even if it belongs to someone else
than the owner of the company. Patents, and inventory of goods with the nationalization of the concerns,
If the owner or operator of the nationalized company.
(4) together with the undertaking of the znárodňují to the extent arising out of the provisions of the
paragraphs 2 and 3:
and all the undertakings and establishments) belonging to the owner or operator of the
nationalized enterprise,
(b)) all the undertakings and establishments that make up the enterprise znárodněným
the marketing unit, even if it belongs to someone other than the owner of the
nationalized business.
(5) if the undertaking belongs to a nationalized company limited on the shares,
public limited-liability company, limited company, obmezeným or těžařstvu
nationalizing all assets, as well as in the same range
enterprises of the group, which belongs to them, more than half of the basic
capital or which have a decisive influence.
(6) the Minister of foreign trade of the nationalization of the individual can vyjmouti
equity pieces, property or rights of the files, if there are not necessarily
need to operate the undertaking established or designated under section 2, and ponechati
is the actual owner, which can at the same time uložiti the conditions
in particular, it shall establish the deadline in favour of
servitude or exploitation right.
(7) the extent of nationalization in accordance with paragraphs 2 to 5 shall be decided in
doubt, the Minister of foreign trade.
SECTION III.
Legal conditions for the pursuit of foreign trade enterprises and
international freight forwarding.
section 7 of the
(1) the undertakings and of the estate, after the case of the property elements
or other pieces of property nationalized under the provisions of section 5, shall incorporate the
Minister for foreign trade enterprises to the estate of the designated
or established under section 2.
(2) the portion of the property elements
and national companies created by) the Decree of the President of the Republic of
24 September. October 1945, no. 100 on the nationalization of the mines, and some
industrial enterprises, or by Decree of the President of the Republic of
on October 24, 1945, no. 101 on the nationalization of some businesses to the industry
the food, after the case according to the law of 28 June. in April 1948, no. 114
On the nationalization of some of the other industrial and other enterprises and
races and for the adaptation of certain ratios of nationalised and national companies,
or under the law of 28 June. in April 1948, no. 115 of nationalization
other industrial and other production enterprises and establishments in the field of
the food and for the adaptation of certain ratios of nationalised and national
enterprises in this field,
(b)) acquired the Czechoslovak State, confiscation or any other way,
that are used to operate foreign trade or international
freight forwarding, the competent Minister on a proposal from the Minister of foreign
trade and in agreement with him and with Finance Minister vyjmouti of property
the nature of these firms, Foreign Trade Minister is transferred to
the estate of businesses intended or established under section 2.
(3) the measures provided for in paragraphs 1 and 2 shall, with respect to the proprietary nature of the
According to the Decree of the President of the Republic of konfiskovanou of 25 June. October 1945,
No. 108 on the confiscation of enemy property and Funds of the national
recovery, as well as regarding the estate, managed according to § 16
the law of 16 June. in May 1946, no. 128 on invalidity of some
property-legal acts from the time of oppression and of the claims from this
invalidity and other interventions in asset vzcházejících, after hearing
the Office of the President of the osidlovacího.
(4) the scope of property elements, covered by the measures referred to in
paragraph 3, the Ministry of foreign trade shall determine in agreement with the
osidlovacím Office and Fund national reconstruction, mutatis mutandis, in accordance with the rules for
konfiskovaného asset allocation.
§ 8
cancelled
§ 9
cancelled
§ 10
cancelled
§ 11
(1) on the proposal for the holding of a designated or established under section 2 of the library writes
the Court of the transition of ownership and other rights of the nationalized undertaking or other
incorporated estate to the appellant with reference to this
the law.
(2) the provisions of the preceding paragraph shall apply mutatis mutandis to the designation of the transition
rights of the nationalized undertaking or other incorporated the estate,
including the property acquired by the State of elements of the Czechoslovak confiscations
or in any other way, on the undertaking designated or established under section 2 in other
the official registers and lists (water, air, the book index
patent, etc.).
(3) designated or established pursuant to section 2 does not need permission, which
would otherwise have been necessary to the exercise of activities in accordance with its subject
business [section 10, paragraph 2, point (b) (c))] in accordance with the provisions of the trade
(the Trade Licensing Act) or other živnostensko-legal
regulations. Undertaking designated or established under section 2 shall notify the subject of your
Business Office (§ and § 242 ž.ř. 145 ž.z.), that it be recorded in the
a special section of the trade register. Details, as well as the extent to which
scope applies to the undertakings referred to in § 2, the provisions of the code
(the Trade Licensing Act), as amended by the laws of it changing and complementary,
provides for government regulation.
§ 12
(1) Enterprises designated or established under section 2, which incorporates
the nationalized companies or nationalised the estate, they shall have the right
and liabilities of nationalised enterprises, as well as the rights and obligations of the drains on
nationalised property podstatách on the day of the takeover. Incorporate the Minister
foreign trade in the company of nationalized property elements
or individual pieces of property, provides that the rights and obligations, and in what
the amount passed on to the firm; If so, the parties to the parts of the property elements
national companies (art. 7, para. 2), it shall, in agreement with the competent
the Minister.
(2) on the date of receipt shall enter an undertaking designated or established under section 2 of the
unfulfilled contracts, which concluded the current undertaking operating after
živnostensku foreign trade or international courier services in the field of
your business.
(3) a legal hearing on the transfer of undertakings, on which this law applies,
After the case of the transfer of equity participation in companies, on whose
businesses this law applies, if it was concluded after 28. October 1947
up to the date of the publication of this law, shall be valid only if approved by the
the Ministry of foreign trade.
(4) the obligations of nationalized business not personal taxes, benefits and
the charges of the former owner and the property nature of nationalized Enterprise
or undertaking to which it will be incorporated under them. Personal taxes and
benefits means tax income, war, tax contribution rentová directly
vyměřovaná, property tax, according to the Government's regulation of 16 December. December
1942, no. 410 of the asset, property tax benefits under the law of
May 15, 1946, no. 134 on a batch of securities gain and dose
of the assets and special benefits under the law of 31 July. October 1947, no. 185
Coll., on extraordinary one-time dose and the dose from an extraordinary excess
additions to property. Method of payment of personal taxes and benefits
the Minister of Finance shall lay down by Decree in the Official Gazette. Be incorporated to
the essence of the property into several business intended or established under section
2, the Minister of foreign trade, to which the commitment enters
individual enterprises designated or established under section 2.
(5) liabilities, which are economically unjustified, figuring in it
obligations of the service contracts guaranteeing employees disproportionately
high salaries, provident benefits, surrender and under, can the company
designated or established under section 2 of the domáhati revocation or other appropriate
editing. If there is no agreement about it, decides on the request of the authorised
the Tribunal, set up under the provisions of the Act of 21 December. November
1946, no. 228, Coll., on arbitration courts to modify some of the commitments
national companies.
section 13
(1) for property nationalized under this Act is the responsibility of the compensation.
(2) on compensation for nationalized assets under this Act shall apply mutatis mutandis
the provisions of sections 7 to 11 of Presidential Decree No 100/1945 Coll. in the wording of the article. (II) Law No.
114/1948 Coll., if further provides otherwise.
(3) no refund shall be granted for the nationalized assets, which, at the date
nationalization just belonged or belongs to persons that have been fysickým
or will the courts validly sentenced for crimes or offenses committed by
to the date of nationalization:
and after 5). May 1945 under the Act of 19 December 2003. in March 1923, no. 50, on Sb.
protection of the Republic, in the text of the provisions it changing and complementary, or
(b)), pursuant to section 41 of the Decree No. 100/1945 Coll., as amended by article. (II) Law No.
114/1948 Coll., or
(c)) under the law of 13 July 2005. in February 1947, no. 15 of Coll. on the prosecution of black
trade and similar shenanigans, or
(d)) under the law of 13 July 2005. in February 1947, no. 27 on the criminal protection of the
the implementation of the two-year economic plan, or
e) according to the law of 18 April. in July 1946, no. 165 of the criminal protection of the
national companies, nationalized businesses and enterprises under national administration.
(4) the National Fund shall debit recovery firm referred to in § 2, para. 1, which
24 konfiskovaná was the essence of the property, the amount equal to the
compensation for confiscated assets calculated in accordance with paragraph 2.
(5) on the application of the relevant securities, the value of properties nationalized
the property, which does not provide compensation to persons referred to in paragraph 3,
shall apply mutatis mutandis the provisions of § 5, para. 2, no 2, of the Act of 11 June 2002. March
1948, no. 51, Coll., on certain financial ratios of the national enterprises
industrial and food.
§ 14
(1) if they are nationalized enterprise or other property incorporated the essence of the
the date of taking předluženy, an undertaking designated or established under section 2 of the
požádati Court to the above General asset prices of the undertaking or předluženého
rescue the essence on the date of acceptance of the obligations, the edited meet
belonging to this company, or essence, and determine their maturity,
přihlížeje to the economic possibilities of the undertaking referred to in section 2.
(2) creditors are required to, at the invitation of the Court a public decree within
the Court laid down their claims to control the přihlásiti of the proposal referred to in paragraph
1; If they do so, their claims against the company pursuant to § 2 shall be abolished.
(3) the adjustment referred to in paragraph 1 shall be as follows:
and remain untouched) the obligations arising from the claims of creditors of the
the exclusion of things inherently nationalized company or other incorporated
the estate, if such claims nezanikly's;
(b)) remain intact whether or not commitments resulting from claims by creditors,
having a right to separate satisfaction of certain things, if you are covered
the value of this stuff;
(c)) other Payables, which in turn owned them [(b), (d))],
will not be fully covered by the difference between the general price of assets nationalized
company or other incorporated the estate and the value of liabilities,
that under the provisions of subparagraph (a). and (b))) will remain intact, to satisfy
fairly. For such obligations are also the obligations referred to under
(a). (b)), if not covered in the manner there specified,
(d)) the commitments which are subject to the provisions of subparagraph (a). (c)), shall be classified in accordance with
the order in four classes. To the first class belong to the costs of the proceedings, to the second to
the fourth class belong the commitments by unprecedented bankruptcy
belong to the first until third grade. Obligations of the same class have among themselves
the same order.
(4) If the obligations referred to in the order it will not be met them
adjustment in accordance with paragraph 3, are not against holding the designated or
established under section 2. The adjustment of the commitments referred to in paragraph 3 of the Act only
against such a company.
(5) a Law will be issued detailed rules on the jurisdiction of the Court, on the
control and design according to the previous paragraphs, about its effects on
limitation of claims, disputes, enforcement and bankruptcy proceedings, to
rights to separate satisfaction and how are claims
the lenders.
§ 15
cancelled
SECTION IV.
Transitional provisions.
section 16 of the
(1) the present owners (operators) or their legal representatives,
responsible for the management of enterprises, after the case of the national administrators of all enterprises,
operating foreign trade or international courier services, are
required to lead and manage the Affairs of the company and do no foreign
trade or international courier services with due managerial diligence to date
established pursuant to section 2 para. 2. the validity of the legal acts,
beyond the day-to-day administration, is to be the prior consent of the Minister
foreign trade.
(2) the Minister may, in the company of foreign trade, operating after
živnostensku foreign trade or international courier services,
ustanoviti agent, which watches over the proper running of the company. The obligations and
Rights Envoy Minister of foreign trade Decree in
The Official Gazette.
(3) owners (operators) and administrators as well as national administrators
undertaking, for which the agent has been appointed, shall be required to refrain
the negotiations, against which the agent raises objections. In the absence of agreement on the
These objections, decides the Ministry of foreign trade.
§ 17
Minister for foreign trade may uložiti those persons responsible for the management
undertakings (article 16, paragraph 1) that operate foreign trade or
international freight forwarding, the obligation to podávati message and status report
and the activities of the undertaking.
IN THE SECTION.
The provisions of the common criminal and final.
section 18
cancelled
§ 19
cancelled
section 20
cancelled
section 21
cancelled
section 22
(1) Recoveries (pensions) obtained from nationalized assets (section 5, para. 1)
until the day on which the Minister for foreign trade by a decree in the official
sheet shall designate or establish businesses in accordance with section 2, are part of the basis for the
the assessment of tax, pension, General and special taxes and the tax Ministry
rentové the last owner of the nationalized assets before his
's.
(2) the Nationalized undertaking (section 5, para. 1) in the field of tax and
the price of the compensatory amounts of taxpayer's tax status until
the day will be published in the Official Gazette Decree about its integration into the
the undertaking designated or established under section 2.
section 23
cancelled
section 24
cancelled
§ 25
cancelled
section 26
cancelled
section 27 of the
cancelled
section 28
(1) are hereby repealed provisions contrary to this law. In particular, it shall be deleted:
the provisions of section 4 of the Decree No 113/1945 Coll., and government regulation of 17 December.
September 1947, no. 170 Coll. on the Organization and management of foreign trade to
ensure fulfilment of the tasks laid down a two-year economic plan.
(2) the other provisions of the Decree No 113/1945 Coll., shall be cancelled on the date on which
be determined by Decree of the Minister of foreign trade in the collection of laws and
of the regulation.
(3) the provisions of the law of 13 July 2005. in May 1936, no. 131 on the defense
the State and the regulations implementing it shall remain unaffected.
section 29
This law shall enter into force on 1 January 2005. January 1948; It performs the Minister
foreign trade in agreement with the participating members of the Government.
Dr. Benes v.r.
Gottwald v.r.
Dr. Gregor v.r.
