On The Nationalization Of The Natural Medicinal Resources And Spa

Original Language Title: o znárodnění přírodních léčivých zdrojů a lázní

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=17369&nr=125~2F1948~20Sb.&ft=txt

125/1948 Coll.



Law



of 6 May 1999. May 1948



on the nationalization of the natural medicinal resources, and bath and on the integration and management of

confiscated the Spa property



Change: 116/1949 Coll.



Change: 86/1950.



The constituent National Assembly of the Czechoslovak Republic passed on

This Act:



PART I.



The range of nationalization.



§ 1



(1) on January 1. January 1948 after nationalization of the znárodňují:



1. the natural medicinal resources [§ 2, paragraph 3, point (a))],



2. Spa assets [section 2, para. 3 (b))],



3. Another thing related with natural medicinal resources [§ 2, paragraph 3,

(a). (c))].



(2) the provisions of paragraph 1 shall not apply to the assets of the State and

assets (paragraph 1, no. 2), which on the day of the publication of this law in

ownership of the holders of the public social insurance scheme.



(3) the Minister of health, in Slovakia after the hearing officer

health care, with effect in the Official Gazette delivery lists

natural medicinal resources and assets that were this Act

nationalized, after the event and their accessories.



§ 2



(1) the nationalisation of the natural medicinal resources (art. 1, para. 1, no. 1) shall take

become an exclusive right to stack with them.



(2) Nationalization of the spa and other assets (§ 1, para. 1, no. 2 and 3)

take State ownership to him.



(3) the nationalization concerns



a) medicinal and mineral waters and natural medicinal gases and emanation,

that are under the Earth, as well as those that are coming to the surface of the Earth

in the spring, the waters, the wells, shafts, adits, underground

or wells, as well as deposits of peat, mud, healing marshes or other

medicinal earths,



(b)) of the land with the natural medicinal resources and real estate, business and

a device that is used for their use or are intended for them,

treatment facilities of Spa, Spa accommodation that

are part of the treatment facilities of the Spa unless they are nationalized

According to the law of 5 March 2002. May 1948, no. 124, Coll., on nationalisation of some of the

innkeepers and výčepnických businesses and accommodation facilities, as well as

auxiliary devices listed enterprises and facilities,



(c)) of the land with the natural medicinal resources and enterprises for their

use of or intended for them, that they do not have the nature of the medicinal baths,



(d) the assets referred to under Accessories) (a). (b)), and (c)), including in it

all of the chattel and rights (licenses, license, trademarks,

samples, water rights, etc.), bills, securities passbook

cash and accounts receivable,



e) other chattels and rights than those that are nationalized

asset.



(4) the provisions of § 4, paragraph 2(b). 3 to 7 of the Decree of the President of the Republic of

on October 24, 1945, no. 100, Coll., on the nationalization of the mines and certain industrial

enterprises, as amended by the Act of 28 June. April 1948, no. 114 Coll. (hereinafter referred to as

the "Decree"), shall apply mutatis mutandis, and where in accordance with these

provision is determined by the scope of the Minister of industry, after the case of a trustee

trade and industry, it is for the Minister of health, such competence after

If the Trustees of health.



§ 3



(1) the battle dragons sign "bath" in a context indicating that this is a

natural health spa, only the State or holders of public service

social insurance for assets for which they are owners (§ 1, para. 2),

or for the assets that have been nationalized under § 1, para. 1, no. 2, or

for assets that have been determined by the Minister of health as a spa

under section 18, paragraph 1. the Decree of the President of the Republic of 2 of 25 June. October 1945,

# 108 Coll., on the confiscation of enemy property and Funds of the national

renewal.



(2) the right of zakládati new natural health spa and do is

reserved to the State. The Minister of health may, in agreement with the Minister

social care in Slovakia after hearing the competent Commissioners, to be done

This right in individual cases at the central national insurance company.



§ 4



(1) the State, after the case of the central national insurance company (hereafter, only

"přejimatel"), enter on the day of the takeover of nationalised assets in Payables to

belonging. To the obligations under which the estate or

operating facilities nationalized assets cross after the date of the beginning of the effectiveness

of this Act to a third person, the přejimatelé do not enter. The obligations of the

belonging to znárodněnému assets are not personal taxes, benefits and

the charges of the former owner, and the essence of nationalised assets or

přejimatelé is not responsible for them. Personal taxes and benefits means tax

pension, war, tax contribution rentová directly levied, property tax

According to the Decree of 16 February. in December 1942, no. 410 Coll., on income tax from

assets, property benefits under the law of 15 June 2004. in May 1946, no. 134

Coll. on the dose of securities gain and a dose of the property, and the extraordinary

benefits under the law of 31 July. October 1947, no. 185, Coll., on extraordinary

a single dose and dose of extraordinary excess of additions to property.

Method of payment of personal taxes and benefits provides for the Minister of finance

the decree in the Official Gazette. Go to parts of nationalised property

different přejimatelům, the Minister of health shall determine in agreement with the Minister

social care in Slovakia after hearing the competent Commissioners, to

which obligations which přejimatelů enters.



(2) for liabilities that are economically unjustified, figuring in it

obligations of the service contracts, guaranteeing workers disproportionately

high salaries, provident benefits, surrenders, etc., you may přejimatel

domáhati revocation or other reasonable accommodation. If there is no agreement about it,

the arbitral tribunal shall decide in accordance with established law of 21 March. November 1946

# 228, Coll., on arbitration courts to modify some of the commitments of the national

enterprises.



§ 5



(1) If a nationalized assets on the date of the takeover of overindebted, may přejimatel

požádati Court to the above General předluženého asset to asset prices

the date of taking modified commitments, belonging to the satisfaction of such property, and

determine their maturity, přihlížeje to the economic possibilities of the

přejimatele.



(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 he fails to do so, their claims against přejimateli.



(3) the adjustment referred to in paragraph 1 shall be carried out as follows:



and remain intact) liabilities arising from claims of creditors of the

the exclusion of things from the essence of nationalized assets, if such claims

the nationalization did not crumble;



(b)) remain intact whether or not commitments resulting from claims by creditors,

having a right to separate satisfaction of certain things, if they are covered by

the value of this stuff;



(c)) other Payables, which in turn owned by them [d])

will not be fully covered by the difference between the general price of assets nationalised

the property and the value of the obligations under the provisions of subparagraph (a). a) and b)

will remain intact, to satisfy a relatively. For such commitments

consider also the undertakings referred to in (b). (b)), if they are not covered

way there referred to;



(d)) the obligations which are subject to the provisions of subparagraph (a). (c)), are to be classified according to

the order of the four classes. To the first class belong to the costs of the proceedings, to the other

up to the 4th grade class belong the commitments by unprecedented bankruptcy

management belong to the first and third class. Obligations of the same class have

along the same rank.



(4) if the obligations under the order it will not be met them

by modifying the provided for in paragraph 3, does not act against the přejimateli. Edit liabilities

pursuant to paragraph 3 of the Act only against přejimateli.



(5) a Law will be issued detailed rules on the jurisdiction of the Court,

proceedings referred to in the preceding paragraphs, about its effects on the limitation

claims, disputes, enforcement and bankruptcy proceedings and the right to

separate satisfaction and on the way to finding the claims of creditors.



§ 6



(1) Přejimatel may odporovati legal actions, which he did after 27.

October 1945 nationalized property owner intends to poškoditi or

ztížiti nationalization or dragging in your or someone else's benefit equity

values.



(2) Odporovati can be used within two years of receipt of nationalised property. Otherwise,

shall apply mutatis mutandis the provisions of odpůrčího of the order, issued by the law of 27 April 2001.

March 1931, no. 64 Coll., which shall be issued on the orders of bankruptcy, composition and

the action.



(3) the legal act on the transfer of nationalized assets, which would

covered by this law, or on the transfer of equity participation in the

companies whose businesses are znárodňují under this Act, if

It was closed at the time of two months before the date of nationalization, are authentic

only, if it is approved by the Ministry of health.



PART II.



Replacement.



§ 7



(1) for the nationalised natural medicinal resources (art. 1, para. 1, no. 1)

refunds.



(2) in a Crystal Spa and other assets (§ 1, para. 1, no. 2 and 3)

the compensation. The refund shall apply mutatis mutandis the provisions of § 7 to 11

the Decree.



(3) the enterprises nationalized under this law are within the enterprise

"Czechoslovak State Spa and baths" kept as a separate balance sheet

the unit, which, according to the plan, which will be agreed by Ministers for health

and finance, the Fund shall pay the costs associated with the nationalized economy


úrokováním and umořováním bonds for the substance of the revaluation, the nationalized

under this Act, the costs associated with the different way

granting of the refund.



PART III.



Confiscated enemy property style.



§ 8



Anyone who keeps, manages, or holding the confiscated hosting

the Spa thing, that was intended as such or such as

determined by the Minister of health in agreement with the Ministers of finance and of the Interior, and the

When it comes to accommodation businesses in the spa and their auxiliary

businesses and accessories, whether or not in agreement with the Minister of internal trade,

under section 18, paragraph 1. 2 Decree No. 108/1945 Coll., is obliged to přihlásiti

within 30 days of the publication of this law, after the case of the issue of the appropriate

the Decree, the Ministry of health, and with respect to assets on the

Slovakia, pověřenectvu health to inventory the, and is the

obliged to duly pečovati of him, if the Ministry of health or

body authorized by him does not make other arrangements.



§ 9



(1) it is for the national reconstruction Funds and liabilities vypořádati sepsati

assets belonging to the konfiskovanému Spa, progress

by analogy with the provisions of § 5, para. 1, no. 3 of the Decree No. 108/1945 Coll., and

rules implementing that law, amending and supplementing them. For commitments,

the settlement will not be met, the State does not respond.



(2) National Reconstruction Fund to charge the Ministry of health value

the Spa of confiscated assets that have been or will be designated as the

Spa.



PART IV.



Integration and management of nationalised and confiscated property of the Spa.



§ 10



(1) the Government may by regulation as necessary accounts and details about how to

the exercises the right of the State to stack with natural healing source (§ 2,

paragraph. 1).



(2) if required by the public interest, the Minister of health

make the exercise of the right referred to in § 2, para. 1 to holders of

public social insurance under conditions which at the same time

provides.



§ 11



(1) Crystal Spa or other property (§ 1, para. 1, no. 2 and 3) or

property confiscated (§ 8) takes over and manages enterprise "of the Czechoslovak

public baths and baths ".



(2) the Minister shall agree with the internal trade ministry of health and

Finance, Slovakia also after hearing the competent Commissioners, which

accommodation in Spa places converts under section 12, paragraph 1. 7

Act No. 124/1948 Coll. in the scope of the Minister of health, that is

incorporate into the undertaking "Czechoslovak State Spa and baths". The Minister

health in agreement with the Minister of internal trade will announce the list of

These businesses in the Official Gazette.



(3) the Minister of health may, in agreement with the Ministers of finance and social

care on a proposal from the central national insurance převésti property nationalized

According to § 1, para. 1, no. 2 in the ownership of the central national insurance company,

at the same time lays down the conditions of acceptance, acceptance shall determine, in particular,

the price.



(4) the Minister of health may, in agreement with the ministry of social welfare,

Finance and internal affairs převésti any confiscated property style (section 8)

into the possession of the central national insurance company, at the same time lays down the

the terms of the takeover, in particular, specifies the acceptance price. Received remuneration shall apply

National reconstruction funds to pay obligations due to taken over

property, when the settlement will be accepted (section 9), and will not be taken

The central national insurance company, to restore confiscated Spa

assets managed by the enterprise "Czechoslovak State Spa and baths",

and the rest of the Treasury to produce a bound purposes.



(5) transfer of immovable property and rights to the State Library pursuant to § 1, para. 1,

No. 2 and 3 or under section 11, paragraph 1. 2 entered the courts into public library

books on the proposal of the Ministry of health with reference to this law.

The transition of real estate rights and library, which will be converted according to the

paragraphs 3 and 4 on the central national insurance company, entered the library to the courts

the public on a proposal from the Central books of the national insurance companies with reference to the

This law.



PART V.



Transitional provisions, common and final.



§ 12



From the date of publication of this Act apply to the owner or other

operators (users) nationalized assets, for legal persons for

authority called zastupovati is outwardly, after the case for the national

Administrator, apply the provisions of sections 37 and 38 of the Decree, the validity of

legal proceedings totalling over day-to-day administration is required prior

the consent of the Ministry of health, issued in Slovakia after hearing

pověřenectva health, in the case of article 11, paragraph 2. 3 Central national

the insurance company.



section 13 of the



(1) until the Crystal Spa, and other assets (§ 1, para. 1, no. 2

and 3) taken, the regional National Committee ustanoviti to nationalized

his principal assets. The agent manages assets provisionally, mutatis mutandis,

According to the provisions of § 37 of the Decree. The provisions of an agent shall be repealed by the national

administration of the President of the Republic established by Presidential Decree of 19 March 2003. may

1945, no. 5 Coll., on the invalidity of certain property-legal acts of the

the period of oppression and a national managing assets of Germans, Hungarians,

traitors and collaborators and some organisací and institutes, according to the

the Slovak National Council regulation of 5 December. June 1945, no. 50 Sb, n.

SNR, a national administration.



(2) for the provision of an agent and his appeal shall apply mutatis mutandis to the provisions of

sections 14, 16, 18 and 19 of Decree No. 5/1945 Coll., §§ 13 to 15, 17 and

18 of Regulation No 50/1945 Coll. n. SNR.



(3) the legal owners, holders and administrators concerning the

the nature of the assets for which the agent has been appointed, are, if they

After its provision invalid.



(4) in the exercise of his functions shall be subject to the supervision of the Ministry of the agent

health care; the provisions of sections 22 and 23 of Decree No. 5/1945 Coll.,

the provisions of § 20, para. 1, second sentence, and sections 21 and 22 of Regulation No 50/1945

SB n. SNR shall apply mutatis mutandis.



§ 14



The persons to whom it was referred to in sections 12 and 13 of the interim administration and result in saved

the Affairs of the nationalized property, are required to sestaviti the orderly and

detailed inventory of the assets included in the nationalized property and its

commitments as at 30. June 1948 and předložiti it to 30. September 1948

the Ministry of health, also in Slovakia pověřenectvu

health, and in the case of article 11, paragraph 2. 3 Central national insurance company.



§ 15



cancelled



section 16 of the



cancelled



§ 17



cancelled



section 18



cancelled



§ 19



cancelled



section 20



(1) legal proceedings, documents and official acts, necessary for the implementation of

This Act, the provisions of § 10, distinction, shall be exempt from taxes,

levies and charges. This exemption shall not apply to operating activities

the undertaking referred to in article 11, paragraph 2. 1.



(2) Gains (pensions) obtained from the nationalised assets up to the date

acceptance (article 11, para. 1-3) are part of the basis for charging the tax

pension, General and special taxes and the tax Ministry rentové

the last owner of the nationalised assets prior to nationalisation.



(3) the Crystal Spa or other assets (§ 1, para. 1, no. 2 and 3) or

confiscated (section 8) is in the field of sales taxes and the price of the compensatory

amounts of turnover tax of the taxpayer's position until its takeover (section 11,

paragraph. 1 to 4).



section 21



This Act shall not prejudice the provisions of the Decree.



section 22



If this Act speaks of Hess of public social

insurance, after the case of the central national insurance company, this means to

on 30 November. June 1948 bearers of public social insurance under the

the existing regulations.



Article 23 of the



This Act shall take effect on 1 January 2000. January 1948; It does the Minister

health in agreement with the participating members of the Government.



Dr. Benes v.r.



Gottwald v.r.



Plojhar v.r.