On The Nationalization In The Construction Industry

Original Language Title: o znárodnění ve stavebnictví

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=17365&nr=121~2F1948~20Sb.&ft=txt

121/1948 Coll.



Law



of 28 June. April 1948



on the nationalization in the construction industry.



Change: 58/1951 Coll. (part)



Change: 86/1950 Coll. 87/1950 Coll. 88/1950 Coll. 89/1950 Coll.



Change: 58/1951 Coll.



Change: 90/1951 Coll.



Change: 105/1990 Coll.



Change: 455/1991 Coll.



The constituent National Assembly of the Czechoslovak Republic decided on

This Act:



SECTION I.



The range of the nationalization.



§ 1



(1) on 1 January 2005. January 1948 was znárodňují by nationalizing companies, which

the basis of the trade privileges or permissions granted under

provisions for civil engineers (civil engineers and civil

geometrech) perform construction work of any kind and for which the number of

persons employed in the business or operating reached anytime from 1. January

1946 fifty persons.



(2) cancelled



(3) if the associated or combine two or more of the construction enterprises

the purpose of the joint implementation of one or more buildings of any kind,

the firms concerned are subject to nationalization, increase the number of persons in the

These United enterprises employed or active at fifty.



(4) in determining the number of persons employed in the business or operating under the

paragraphs 1 to 3 shall be decided by the total of all such persons regardless,

where they work or have worked.



(5) the Minister shall determine, in agreement with the techniques of the participating Ministers after hearing

The Central Council of trade unions, also after hearing the trustee techniques,

which shall be agreed with the relevant trustee, by a decree in the Official Gazette

the types of businesses that are considered undertakings in accordance with paragraphs 1 and 3.



(6) the provisions of the preceding paragraphs shall not apply to undertakings:



and the communities of income and economic) established under law No.

70/1873 ř.z., income and economic communities, on

Slovakia cooperatives established under § § 223 et seq.. Cust. article. XXXVII/1875

commercial law, if these enterprises or cooperatives, communities

directly operated, with the exception of firms not later than 31 December 2006. December

1948 determined the Minister of technology, in agreement with the Central Council of trade unions and the Central

the Council of cooperatives,



(b)) that the Minister of construction industry in agreement with the Minister of finance

exclude from nationalization, as their owners (operators)

order that is permanently stopped, because the Government concluded that their

the next operation is not in the communal interest.



(7) the conditions are fulfilled for nationalization under this Act,

shall be decided by the Minister of construction industry.



§ 2



(1) the present owners, holders, national authorities and the management agents to

interim management (section 19) the undertakings subject to nationalization pursuant to § 1,

submit reports to the Ministry of technology, the model will announce the Minister

techniques in the Official Gazette. This message is it within 15 days from the date of

the publication of the model. If there are circumstances for the nationalization of the only

After that date, the period for the report on the day when these circumstances.

In the proceedings must also spolupůsobiti the persons to be invited

the Ministry of technology. Reports should be signed and the racing Board or

a racing confidant; If the report does not serve the existing owner or

the holder of the nationalized property, is obliged to připojiti it

expression.



(2) the persons referred to in paragraph 1 shall be obliged to spolupůsobiti when

the compilation of the accounts for the period to the nationalization, if it will be

invited by the central competent authority.



§ 3



If the scope of the Minister of construction industry with assets

nationalized under this Act does not apply to the setting up of the national enterprise

or to the incorporation into the national company or, if such a thing is not

entrusted to the management authorities in the field of its competence, the Minister

construction industry such things in agreement with the Minister of finance and the

Another convert to the powers of the Minister of the Minister, that made him

such a measure in its own scope, or it may delegate to the

management of municipal enterprises, or you can leave the other legal

persons for compensation, specified under section 8 of the Decree of the President of the Republic No.

100/1945 Coll., on the nationalization of the mines and some industrial firms, in

the text of the legislation it changing and additional (hereinafter the "Decree").



§ 4



(1) the State shall take ownership's znárodněnému property.



(2) Nationalization concerns



and real estate, buildings), equipment, bearings and raw materials,



(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) the chattels and rights) of others, than are the accessories business.



(3) the property referred to in paragraph 2, the nationalization of the concerns, is used to or

If it is intended to operate the nationalized undertaking, even if it belongs to someone else

than the owner of the company. Patents and, in particular, stocks of raw materials, auxiliary and

provozovacích materials, semi-finished products, semi-finished and finished products,

the nationalization affects only, if the owner or operator of the nationalized

of the undertaking.



(4) together with the undertaking of the znárodňují to the extent arising out of the provisions of the

paragraphs 2 and 3:



and) all manufacturing companies and factories belonging to the owner or

the operators of the nationalized undertaking,



(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,

the joint stock company or limited company obmezeným, nationalizing the

all of their assets, as well as other businesses in the same range,

where they belong to more than half of the share capital or to

which have a decisive influence.



(6) the Minister of technology, Slovakia after hearing the trustee techniques may

vyjmouti of the nationalization of the individual pieces of property, property files

or rights, if it is not strictly necessary to the operation of the national enterprise

and ponechati is the actual owner, which can at the same time uložiti

conditions, in particular the condition that the deadline shall establish for the benefit of

the national enterprise servitude or exploitation right.



(7) the provisions of the preceding paragraph, you can similarly use it even on assets, on

covered by the provisions of the article. (IV) Act of 7 July. in April 1948, no. 79

Coll., amending and supplementing the law of 16 June. in May 1946, no. 128

On the invalidity of certain property-legal acts from the time

oppression and the invalidity of claims from this and other interventions in asset

vzcházejících. If it is on the property nationalized or such other

assets, not just to its nationalization due to invalid

shares of legal proceedings or an invalid interference from the time of oppression,

the visor is in the management of compensation to persons who have reached the final verdict

According to the article. (IV), para. 1 of law No 79/1948 Coll., as this would give them the assets

It was nationalized.



(8) the extent of nationalization in accordance with paragraphs 2 to 5 shall be decided by the Minister of

of the construction industry. The Minister of construction industry may these decisions

, as well as decisions referred to in paragraph 6, to transfer to the seat of the national

the committees. For the procedure for determination of the extent of nationalization does not apply the provisions of

Decree-Law No 8/1928 Coll., on proceedings in cases belonging to the

the scope of political offices (administrative proceedings).



§ 5



(1) national enterprise, which integrates the assets of nationalized

the undertaking shall enter on the day of taking over in its commitments. Incorporate-if the property

several national companies, shall designate the Minister of construction industry, in the

which obligations will enter the individual national companies.



(2) the Minister of industry shall, in agreement with the Minister of finance,

the commitments of the firm is nationalized entrustment assets shall devolve

nationalized enterprise in the management of the institutions in the field of its competence,

on the day of the takeover of the assets.



(3) the Minister of construction industry in agreement with the Minister of finance and factually

the competent Minister can take measures about the transition of the undertakings belonging to the

the znárodněnému property, which was referred to in section 3 of the transferred to the competence of the

another Minister or entrusted to the communal management of the undertaking or

left to another legal person.



(4) the obligations of the undertaking does not belong to the nationalized undertakings, pursuant to which the

the assets of the undertaking or its part of the cross after the date of the beginning of the effectiveness

of this Act to a third person. For the obligations of the nationalized undertaking

also not personal taxes, levies and charges the former owner;

such commitments do not cross with the property, which was incorporated into the national

entrusted management of the undertaking or to the authorities referred to in paragraph 2, or with whom it was

made or which has been entrusted to the administration or left under section

3, or cannot be uspokojiti for them from the assets of nationalized business.

Personal taxes and benefits means tax income, war-post,

tax rentová tax levied directly from the assets pursuant to Decree-Law No.

410/1942 Coll., property benefits under law No 134/1946 Coll., in the dose of the

the asset growth and a batch of assets, in the wording of the legislation it

changing and complementary, and extraordinary benefits under law No 185/1947

Coll., on extraordinary one-time dose and the dose from an extraordinary excess

additions to property, as amended by Act No. 180/1948 Coll.. Method of payment

These personal taxes and charges the Minister of Finance shall lay down by Decree in

the Official Gazette.
(5) liabilities, which are economically unjustified, figuring in it

obligations of the service contracts, guaranteeing workers disproportionately

high salaries, provident benefits, surrender and, the national

undertaking to seek cancellation or other reasonable accommodation. In the absence of the

the agreement, the arbitral tribunal shall decide according to the rules about issued.

The provisions of the first and second sentences, shall apply mutatis mutandis, also with respect to the obligations that

pass the entrustment of nationalized assets to the management of the institutions mentioned

in paragraph 2, or that crossing referred to in paragraph 3.



(6) national enterprise, which integrates the property nationalized under section 4

paragraph. 3 (a). 4 (b). (b)), which belonged to someone other than the owner of the

nationalized undertaking shall enter into obligations arising from the rights of váznoucích

on this property, and to the extent and under the conditions that the Government adjusts

by regulation. In this regulation will be also modified the transition of such obligations,

If the assets entrusted to the management authorities in the field of competence of the Minister

the construction industry or in accordance with section 3 of the transferred to the responsibility of another

the Minister, or to a municipal administration entrusted to undertakings or left to other

legal persons.



(7) If a decision establishing the measures for the asset is znárodněném,

does not imply anything else is not liable for the obligations of the State nationalized the company nor

When it comes to modify obligations under section 6.



§ 6



(1) if the assets of the undertaking on the date of the takeover of the nationalized overindebted, the

the national venture to ask the Court to make the above General asset prices předluženého

the undertaking on the date of the takeover of the satisfaction of the modified commitments belonging to this

assets and determine their maturity, přihlížeje to the economic possibilities of the

the national enterprise. This applies, mutatis mutandis, of the authority of the municipal Enterprise

or other legal entity, to whom the assets were nationalized by the undertaking

section 3 of the entrusted to the administration or left.



(2) creditors are required to, at the invitation of the Court decree in the Official Gazette in the

the time limit laid down by the Court of přihlásiti their claims to control of the proposal referred to in

paragraph 1; If they do so, their claims against the national enterprise

cease to exist.



(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 removed from the property, 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 according to order them it will not be fully

covers the difference between the general price and the value of the assets of nationalized Enterprise

obligations under the provisions of subparagraph (a). and (b))) will remain intact, with the

will satisfy the fairly. For such obligations are also undertakings referred to

under subparagraph (a). (b)), if not covered in the manner indicated there;



(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) the adjustment of the obligations under this section operates only against

the applicant. Against him are not obligations, which, in the order they

payable will not be met.



section 7 of the



(1) the national undertaking, in which the assets were nationalized company incorporated

After the case of another enterprise, institution or legal person to whom the property was

nationalized undertaking under section 3 has been entrusted to the administration or left, can

oppose legal acts performed by the owner of the property nationalized

after 27. October 1945 intend to harm or make it harder for nationalization, or drag the

in its favour, or foreign property values.



(2) Oppose can be up to five years from the date of the decision, which shall be

measures on the znárodněném property. Otherwise, shall apply mutatis mutandis to the provisions of §§ 46

up to 52 of the civil code.



(3) a legal hearing on the transfer of undertakings, on which would be covered by this

the law, or on the transfer of equity participation in companies whose

enterprises with znárodňují under this law, if it was closed at the time of

two months before the date of nationalization, are valid only, if it is

the Ministry of technology.



SECTION II.



Replacement.



§ 8



Unless otherwise specified, or it's not about overindebtedness according to § 6, paragraph 1(a). 1,

the responsibility for property nationalized under this Act, the refund, which

shall apply mutatis mutandis to § § 7 to 11 of the Decree.



§ 9



(1) in the determination of compensation is not taken into account the value of the



and buildings, works and) deliveries, carried out, under construction and incomplete,

which are not included into the single economic plan, applicable on the day of the

nationalization, if in breach of the applicable rules



(b) raw materials, production) materials, semi-finished products and tovarů, obtained in breach of

the provisions on the management and allocation of raw materials, materials and products, the applicable

on the day of nationalization,



(c)) claims for construction work and materials, semi-finished and finished products, made

or shipped in violation of the provisions referred to in subparagraph (a). (b)),



(d)) series of mineral wealth,



(e)) of the assets intended for social, educational, physical, and similar

purposes.



(2) Compensation shall not be granted to persons who have been or will be doomed for

such a crime or punished for that offense, which

take effect to people's hostility democratic order of the Republic of

or to its Socialist construction.



SECTION III.



The Czechoslovak national enterprise building, plants, and their organization.



§ 10



Cancelled



§ 11



cancelled



§ 12



The scope of the assets, which the State acquired the confiscations and that is svěřován to the

administration of the enterprise in the field of the Ministry of construction industry, determine the

This Ministry in agreement with the Ministry of finance.



section 13



cancelled



§ 14



cancelled



§ 15



cancelled



section 16 of the



cancelled



§ 17



cancelled



section 18



cancelled



SECTION IV.



Final provisions.



§ 19



Until majetková essence, znárodněná under this Act,

taken over by the national undertaking, is true of the interim administration of the provisions of section 37

the decree with the tolerance of that Minister techniques can, in agreement with the Minister

of finance, Slovakia after hearing officials techniques and finance delegate

interim management of nationalised enterprises agent responsible to him and

determine the scope of their mandate.



section 20



Permission for construction of any kind can the competent authority

only with the consent of the Ministry to grant the construction industry. Consent is

also, when starting up new businesses in these sectors by permission

previously granted.



section 21



Legal acts and official acts necessary for the implementation of this law are

exempted from the fees and charges. This exemption does not apply to business

the activity of the nationalized undertaking nor for the measures taken by the liquidator during the

liquidation of a legal person or a company.



section 22



(1) Recoveries (pensions) obtained from the nationalized undertaking until the day

the takeover are part of the basis for the assessment of tax, pension, General and

special tax Ministry and tax rentové the last owner

nationalized undertaking before's.



(2) cancelled



section 23



cancelled



section 24



cancelled



§ 25



cancelled



section 26



cancelled



section 27 of the



cancelled



section 28



This law shall enter into force on 1 January 2005. January 1948; It performs the Minister

techniques in agreement with the participating members of the Government.



Dr. Benes v.r.



Gottwald v.r.



Dr.-Ing. The nobility v.r.