The State Organization Of Foreign Trade And International Cooperation. Email Forwarding

Original Language Title: o státní organisaci zahraničního obchodu a mezinár. zasilatelství

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=17363&nr=119~2F1948~20Sb.&ft=txt

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.