On The Principles In The Allocation Of Confiscated Enemy Property

Original Language Title: o zásadách při rozdělování konfiskovaného nepřátelského majetku

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=15356&nr=31~2F1947~20Sb.&ft=txt

31/947 Sb.



Law



of 14 July 1999. February 1947



about some of the principles in the allocation of enemy assets,

According to the Decree of the President of the Republic confiscated from 25 June. October

1945, no. 108, Coll., on the confiscation of enemy property and Funds of the national

renewal.



Change: 116/1949 Coll.



The constituent National Assembly of the Czechoslovak Republic passed on

This Act:



SECTION I.



The General principles in the allocation of confiscated property.



§ 1



The estate confiscated pursuant to Decree No. 108/1945 Coll. (hereinafter referred to

confiscation Decree) or their components can settlement authority and the Fund

national reconstruction slučovati or rozdělovati due to the economic

expediency.



§ 2



(1) payment obligations, belonging to the konfiskovanému property and the

10. May 1945, assumes the National Reconstruction Fund (the Fund), which

There is a difference in the manner and to the extent according to the statutory provisions, to

will be issued. In cases worthy of special consideration, such fund may

obligations of the převzíti settlement, even if incurred after the 9. May 1945, if

avoidance of the fault of the allocator allocates.



(2) other liabilities belonging to konfiskovanému of assets, the Fund may

převzíti settlement (paragraph 1), perpetrated by the nature of the undertaking and

If it's easier making the allocation procedure.



(3) the Acceptance of the undertaking pursuant to paragraph 1 or 2 shall not affect the right

the creditor's meeting against the debtor or personal or real guarantees

third parties for acceptance of the undertaking.



(4) the liability of confiscated property for obligations undertaken in accordance with paragraph 1

or 2 shall cease, and if it is recorded in the public books, clears the library

on a proposal from the court records of the Fund with reference to this law.



SECTION II.



Abridged allocation procedure.



§ 3



Small and medium estate (article 6, paragraph 2, of the Decree of konfiskačního)

shall be allocated for the payment of the property of the legitimate candidates short

the allocation procedure, if they have not been or will not be converted in a manner

a modified framework plans.



§ 4



(1) for the short allocation management applies the following principles:



and the establishment of the allocation by the Commission is thus eliminated) (section 9 of Decree konfiskačního) and

the development of the allocation and reimbursement plans (sections 10 and 11 of the konfiskačního

the Decree).



(b)) on the allocation of settlement is decided by the authority, and for small property

for the essence of the proposal of the local National Committee, for medium-sized property

the essence of the National Committee on a proposal from the district.



(c)) the application for allocation to the competent national Committee puts out to the public

inspection for 15 days. The National Committee also notifies you of this

unloading at the place of the usual way with the lesson that the draft may not administer

comments within each Czechoslovak State citizen person, neb

that is for him is considered under section 1 or section 2 of the constitutional law of

12 April 1946, no. 74 Coll. on citizenship countrymen

returning to his homeland, 18 years or older.



(d)) unless the competent national Committee a proposal on the allocation within the time limit,

provided for the allocation, by regulation, make a proposal to place the parent

the National Committee; in the absence of this additional period set in the allocation

the proposal for a regulation, the decision authority without the draft settlement.



e) Settlement Authority according to the underlying Council resolution (section 3, paragraph 3

konfiskačního Decree), may přihlédna to the comments, after

observations of the Earth's National Committee, in Slovakia, the competent

pověřenectva, odchýliti from the design of the National Committee,

are not met the prerequisites laid down in this law, the relevant

the framework of the plan or in the quota regulation, or speak for it

serious reasons for settlement policy.



f) Settlement Authority can set out to do allocation control gradually according to the

areas, types of ownership and by species for the essence of the tenderers.



(g) the decision on the allocation issue) přídělci settlement authority. Commit

performs (section 5, para. 1, no. 4, konfiskačního Decree).



(2) the allocation policy of summary proceedings, as well as details

may přídělová which accounts regulation proposal prepare the settlement

authorities and that the Government will issue (section 6, paragraph 2, of the Decree of konfiskačního).



SECTION III.



Allocation of small commercial enterprises and family houses in the border

territory.



§ 5



(1) if further does not otherwise trade shall be awarded to small

businesses, confiscated under Decree konfiskačního in the border territory

or in other territorial areas of the allocation

Regulation (§ 9)-except for those that marks the appropriate master plan-for

cover their pre-existing national administrators, family houses under the same

the assumptions of their existing user, if they so request within the time limit

laid down in the Decree of 3 Office osidlovacího Office and

National Reconstruction Fund and show that in addition to other conditions,

laid down in the relevant quota regulation, fulfil the following conditions:



1. that the Czechoslovak citizens or that are

considered under section 1 or section 2 of the Constitutional Act. No 74/1946 Coll.



2. they are Czech, Slovak or other Slavic nationality, legally

are of high integrity, a nationally certified and reliable and that even their family

the family, living in a common household with them, are legally

high integrity and reliable and not nationality or German

Hungarian; exceptions as regards the family members can povoliti

the District National Committee, unless it is a question of public confidence. Up to the

the decision on such exception remains the current national administration without

changes if its appeal is not other serious reasons.

The provisions on nationality does not apply in respect of persons referred to in sections 1 and 6 of law

of 19 December 2003. in December 1946, no. 255 Coll., on members of the Czechoslovak

Army abroad and about some of the other participants in the national struggle for

Liberation. As regards the persons referred to in section 84, paragraph 2. 1 of the law of 18 March 2004.

July 1946, no. 164, Coll., on taking care of military and war poškozence and

victims of war and the fascist persecution, does not apply the provisions on nationality,

It's not about nationality must by nationals of German or Hungarian.



3. If it is a retail trade enterprise,



and personally, and it) properly manage and comply with the conditions prescribed for the

its operation; provisions on relief to get a special official

authorisations or permissions remain intact,



(b)) that it manages, at the latest from 1 January 1995. May 1946; This condition

does not apply, provided that the candidate is on the day of submission of the application at least three

the month the national administrator of the small business in respect of which the trade

allocation requests



AA) for the persons referred to in sections 1 and 6 of the Act. No 255/1946 Coll. and section 84, paragraph 2.

1 the Act. No 164/1946 Coll.



BB) for Czechs and Slovaks and other Slavic peoples, who

moved (returned) to the territory of the Czechoslovak Republic after

the liberation of the territory from enemy occupation or

immigrating, either on the basis of the Czechoslovak official action or přesidlovací

no connection with her when the said of the Ministry of social welfare

for serious reasons, that they have to be put on a par with those

immigrants (back), or immigrating (return) on the basis of

official přesidlovací actions



(c)) that no later than the date of effectiveness of this law reside

in a place where they managed a small trading company, or in the

its nearest surroundings, and do not have their own apartment elsewhere or give up on him

in case of allocation of retail trade business; the condition of residence

in the site prominouti who could not without its own guilt '.



4. in the case of users of family houses that



and not free)



(b)) no later than the date of effectiveness of this act together with

his family resided in a family house,



(c)) do not have their own apartment elsewhere or give up on him just in case the allocation

Family House,



d) have in the place where the family house, or around a permanent sound

employment,



(e)), in the management of (the use of) the family house with the diligence of a lead

a householder.



(2) operates a national retail Manager, the company still trades

Another profitable undertaking is obliged to forget its operation for

the case, he managed a small trading business will be assigned;

If the profitable business enterprise trade license, is also obliged to

unconditionally to forget their trade licence.

If the user's own family house residential house (building), is

required to nabídnouti to osidlovacímu authority and national reconstruction Fund for

in case his family House will be assigned, it must within the period specified

the allocation regulation does not convert into ownership of their legal-child.

Exceptions with regard to the social reasons in the case of families with more children, even if

minors, lays down the allocation regulation. Settlement authority and the National Fund

recovery may offered the property to cover the převzíti acceptance rates.

Valuation undertaken by the real estate shall be governed by the same principles as the awards

the assets allotted. With this addition to immovable property shall be disposed of

under the provisions of parts II and III konfiskačního Decree and in accordance with this

the law.




(3) the family house can be allocated also to ownership of several

applicants satisfying the conditions of paragraph 1 or to the ownership of

such applicants, and members of their families living with them in the

common household, if requested in the request for allocation, and if they are not

nationality German or Hungarian.



§ 6



(1) the persons referred to in sections 1 and 6 of the Act. No 255/1946 Coll., that are not

located, or a person referred to in section 84, paragraph 2. 1 the Act. No 164/1946 Coll.

not that secured (hereinafter referred to as the preferred tenderer)

applications for allocation of small commercial enterprises to

ownership on the official form for osidlovacího the Office within the time limit

laid down by Decree of the Office, which will be issued in agreement with the

the Ministry of national defense and the Ministry of social welfare and published

in the Official Gazette. However, the Office shall allocate to the small settlement of trades

undertaking in respect of the candidates into the possession of only under the provisions of section 7,

paragraph. 7.



(2) the provisions of paragraph 1 shall not apply to preferred candidates who

at the date of submission of the application at least three months national retail Manager

the trades of company whose allocation to the ownership of asking [§ 5,

paragraph. 1, no. 3, (a). (b)), paragraph aa)].



§ 7



(1) the national committees are required to immediately osidlovacímu Office hlásiti

the national administration of small commercial enterprises released pursuant to section 13.

The obligation under section 11 of the Act. No 255/1946 Coll. remains intact.



(2) the national administrators of small commercial enterprises, released under

section 13, may be appointed only the preferred tenderers who have submitted

the request pursuant to section 6, paragraph 1. 1, first sentence, and meet the conditions of § 5, also

paragraph. 1, no. 1 and 2, and only with the consent of the Office osidlovacího. Jinaké

the provisions of the national administrators is ineffective.



(3) if they are not in the manner referred to in paragraph 2, the first sentence satisfied

all applicants from among priority applicants, issues a settlement Office

instructions, according to which the competent national Committee revokes the existing national

Administrator of the small business enterprises established after 1. in May 1946, and

designates an unsatisfied in their place the applicant.



(4) the priority candidates who will not be placed in proceedings under the

paragraph 2 or 3, establishes the National Committee as instructed by the

osidlovacího authority-issued in agreement with the Ministry of national defense,

in relation with the Ministry of social welfare, and after hearing of the Earth

the National Committee-the national administrators of small commercial enterprises

(after the case outside the border of the territory), and according to the sort options

that the preferred bidder.



(5) if the complainant unmet priority applicants may

be in place national revocation pursuant to § 13 of the administrators appointed to

the consent of the osidlovacího Office of the national small business manager

applicants from the ranks of other enterprises of candidates satisfying the conditions of §

5, para. 1, no. 1 and 2, and in particular of persons appointed under section 1 of the law of

on 12 June 2006. April 1946, no. 75 Coll. on granting economic and legal

the pilgrims returning to the relief of the homeland, especially from Hungary (hereinafter referred to as

returnees), and only after these other candidates, taking into account

the provisions of section 7, para. 3 konfiskačního of the Decree.



(6) if the applicant does not take priority or well.i want without serious

for national management of retail trade business, which was based on

paragraphs 2 to 5 shall cease to be appointed the entitlement to the provisions of national

by the administrator of such a business in the border territory. Statement about the issue

Ministry of national defence-for returnees Ministry of social welfare-

in agreement with the authority [3].



(7) the national administrators appointed in accordance with paragraphs 2 to 5 shall be allocated for the

the conditions of § 5, para. 1, no. 1-3 settlement Office Small Business license

venture into the ownership of the application form, which you can administer after three

months from the provisions of the national administrator. Small commercial

enterprises that cannot be as follows přiděliti into the possession of, the provisions of

§ 13.



§ 8



(1) if so requested by a country allocation of family house within the period specified under section 5,

paragraph. 1 in addition to the existing users also preferred candidate who is not

the user of this House shall submit an appropriate national Committee lodged

request osidlovacímu Office with a proposal on the allocation of family house, and with

a proposal for a replacement allocation (paragraph 3).



(2) the Office shall assign a Settlement House



and the light of the tenderer who) meets the conditions of § 5, para. 1, no. 1, 2

and 4, subparagraph (a). and), c), (d)) whose employment is with the point of view of economic

the construction of the State and in the interest of the settlement policy is more important than the

of the current user



(b) otherwise, the previous user.)



(3) in respect of the applicants or existing users, which will not be

assigned to the family house in accordance with paragraph 2, the authority shall allocate the settlement after

his hearing spare allocation, based on the different options for a family house,

than that requested, other residential real property or its ideal portion

or a share of the limited company obmezeným, which will be such

assets assigned or building plot, suitable for building a family

cottage.



(4) the provisions of article 7, paragraph 1. 6 applies here mutatis mutandis.



SECTION IV.



General and final provisions.



§ 9



Allocation of the regulation provides that the territorial areas are border

the territory within the meaning of this Act. May also plays, that the provisions

section III shall also apply to any other geographical area.



§ 10



(1) under this Act can be small business enterprises and family houses

přidělovati also to legal persons.



(2) Allocation regulation lays down the conditions under which it may be in

cases where the national administrator of the retail trade business

(by family house) was established under the authority of the person fysická

legal persons, given for serious reasons take precedence over the legal person,

before the candidates referred to in section 5 or section 8, paragraph 1. 2 (a). and).



§ 11



(1) the same candidates can be přiděliti only one small business license

undertaking or one family house; exceptions may be established

the relevant allocation regulation.



(2) Applying a ration of retail trade company (family

House) more of its national administrators (users) who meet

with conditions laid down, and unless the case referred to in § 5, para. 3, is

When the allocation of přihlížeti primarily to persons referred to in section 7, paragraph 1. 3

konfiskačního Decree. Between the same candidates will be decided by the authorized

According to the free consideration, taking into account, in particular, to the social and family

conditions and improving the professional qualification.



§ 12



If it was allocated to the firm, to operate under the applicable

(poživatelských) legislation should be of a trade licence or permit,

the competent authority (the authority) shall at the same time uděliti the přídělci

privilege (business license, license and concession, etc.) or

the authorization.



section 13 of the



(1) the national committees are obliged to follow the instructions odvolati osidlovacího

the Office and Fund national reconstruction without delay the national administrator of the confiscated

small commercial enterprises, after the case of confiscated family

houses who do not meet the conditions referred to in § 5, para. 1, no. 1, 2 and 3,

(a). a) and (c)), the case in § 5, para. 1, no. 1, 2 and 4. Does not comply with the

This guideline the National Committee nor the parent National Committee in

the time limit fixed by the Office and 3 National Reconstruction Fund, withdraw

National administrator of the settlement Fund and the national reconstruction Office.



(2) exemptions from the provisions of paragraph 1, in respect of family houses, must be in

interest in the field of residential care and in the interest of cultural,

health, social or for reasons of national defence, may povoliti

settlement authority according to the allocation regulation.



(3) the national committees are required to oznámiti osidlovacímu of the Office and the Fund

national reconstruction without delay all cases in which the national administrator

retail trade enterprise established of confiscated 1. may

1946.



§ 14



(1) the license or permit, obtained after 5. May 1945 ku

the pursuit of gainful employment of company cancels the responsible Ministry or

responsible for the design of Office or after hearing osidlovacího of the Office and the competent

the Trades Licensing Office, provided information on the allocation of the proceedings was obtained

or business (Enterprise) is operated using confiscated property

essence. If the trade licence has been issued by the District National

the Committee, for its cancellation is given the power of the regional National Committee.



(2) the competent Ministry or authorized the Office shall examine the granting of

licenses or permission obtained after 5. May 1945 ku

the pursuit of gainful employment in the border territory of the enterprise (section 9), and this can

permission (permit) after hearing the competent Trade Licensing Office

the economic organisací and osidlovacího Office of zrušiti, if it was obtained

without regard to the economic need for, or contrary to the principles and

the needs of the settlement policy. If the trade licence has been issued

the District National Committee, it is given the power of the regional

the National Committee.



(3) the provisions of paragraph 2 shall not apply to license or


authorisation to operate a for-profit businesses, acquired preferential

applicants and those persons who have lost their previous commercial

authorisation or licence as a result of political, national or racial

persecution.



§ 15



(1) If this Act or of the regulations adopted for its implementation

does not imply otherwise, remain unaffected by the provisions of the decree and konfiskačního

they are used in the implementation of this Act.



(2) the provisions of this Act do not apply to the assets referred to in section 18

konfiskačního Decree.



section 16 of the



This law shall be carried out by all members of the Government.



Dr. Benes v.r.



Gottwald v.r.



Dr. Zenkl v.r.



Kopecký v.r.



Dr. v.r. Šrámek



Laušman v.r.



Ursíny v.r.



Ďuriš v.r.



Fierlinger v.r.



Zmrhal v.r.



Wide v.r.



Dr. Pietor v.r.



Masaryk v.r.



Ing. Kopecký v.r.



arm. Gen. freedom v.r.



Hála v.r.



Dr. Ripka v.r.



Dr. Nejedly v.r.



Nosek v.r.



Dr. v.r. Walk



Dr. Dolansky v.r.



Majer v.r.



Dr. v.r. Stransky



Dr. Franek v.r.



Dr. Crumb v.r.



Dr. Clementis v.r.



V.r. Lichner