On Delay Of Payment And Interest Cash Commitments Of Members Of Agricultural Cooperatives

Original Language Title: o odkladu placení a úrokování peněžních závazků členů JZD

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=28016&nr=36~2F1955~20Sb.&ft=txt

36/1955 Coll.



GOVERNMENT REGULATION



of 6 December. July 1955



deferring the payment of interest and certain financial liabilities

members of the unified agricultural cooperatives.



Modified: 31/1958 Coll.



The Government of the Czechoslovak Republic ordered under section 15(2). 1 of law No.

12/1955 Coll., on the State plan for the development of the national economy of the Republic of

The year 1955: Czechoslovakia



§ 1



(1) the delayed payment and interest cash commitments, referred to in section 2 of the

paragraph. 1, if the



and the borrower is the single) agricultural cooperatives with joint

plant and animal production, which is running under the standard articles of Association

(hereinafter referred to as the "debtor"),



(b)) the lender is a socialist legal person (hereinafter referred to as the "lender").



(2) the Modification does not apply to the commitments of the members of the uniform agricultural

cooperatives for assets assigned from the land reforms and by Act No.

148/1946 Coll., on insurance claims on national insurance and

insurance with the State insurance company, on the claims of the supply of electricity and

gas and on the obligations that the debtor has against the single farm

the team, which is a member of.



§ 2



(1) the adjustment shall apply



and secured claims) a lien on real property

the debtor's vneseném into a unified agricultural cooperative, if this

the assets of the debtor's operation of agricultural economy served, or the operation of the

his trades, if the performance of this business has taken over the uniform

agricultural cooperative



(b)) guaranteed by a lien on the receivables to the dead and live

the inventory, which the borrower into the uniform agricultural cooperative,



(c)) on the other debts, which arose on the acquisition of the living and the dead

the inventory, which the borrower into the single agricultural cooperatives or

incurred in connection with the operation of its agricultural economy,

that brought in the uniform agricultural cooperative,



(d)) on the claim, which arose in connection with the operation of its business,

If the operation has taken over the uniform agricultural cooperative,



e) on agricultural tax arrears, if falls on the land of the debtor

incorporated into a unified agricultural cooperative, the arrears of business

tax on trades, which has taken over the uniform agricultural cooperative,

on the arrears of income tax the population, if it falls on the income from

such trades and on the arrears of taxes and public dues, if

fall on the estate vnesený in the single agricultural cooperatives or

the addition of this property.



(2) the Modification does not apply to pecuniary obligations which have arisen in the

connection with the operation of the agricultural economy or trade

company, introduced to the uniform agricultural cooperative. The adjustment is also

not apply to pecuniary obligations arising after 1. January 1958.



(3) payment and interest cash obligations incurred before the 1. January

1954 shall be suspended for the duration of the membership of the debtor in the single

the agricultural cooperative. This is true even of the arrears on the inheritance tax and the

souvisícím real estate fee, even if the heritage is acquired after

that date, as well as on the financial commitments arising from the credit facility under the

Act No. 86/1946 Coll. on building restoration, as amended by Act No. 115/1946

Coll., even if incurred after the 1. January 1954.



(4) the payment of interest and the financial liabilities arising from 1. January

1954 to 1. January 1, 1958, with the exception of the financial obligations referred to in

paragraph 3, second sentence, shall be suspended until the end of the year in which the debtor

entered into the uniform agricultural cooperative, and after three years

starting from the year following the entry into force of the debtor to the cooperatives, at least

However, until 31 December 2006. December 1960.



§ 3



(1) the Deferment of payment and interest shall apply to the payment of the unpaid

cash liabilities payable before the date 1. January 1, 1958, to cash

liabilities due and payable and subject to onward and on payment of the debt repayments and

interest, which reached from 1. January 1958.



(2) the date of entry of the debtor to the uniform agricultural cooperative, first

on 1 January 2005. January 1955, extinguishes the obligation of the debtor to pay the interest on the

financial obligations referred to in paragraph 1 and the time

the duration of the delay of the payment and interest referred to in section 2 (2). 3 and 4.



§ 4



Deferment of payment and interest also applies, if the debtor is a member of the

uniform agricultural cooperative only after the effective date of this

Government Regulation.



§ 5



(1) if the creditor is considered that the conditions are not fulfilled, the delay of payment and

interest, propose to the Court to decide.



(2) the proceedings before the Court, if the other provisions, to mean something

another, the General provisions of the civil procedure code the Court with the exception of the

the provisions of § § 129 to 131 on the costs of the proceedings. The Court shall decide after oral

the resolution of the negotiations.



§ 6



In the proposal referred to in section 5 of the creditor shall:



and the designation of the Court) and participants (of the creditor and of the debtor),



(b)) and the reason for the emergence of the obligation,



(c) the original amount of the obligation and the) present his balance with accessories,



(d)) for library library inserts number of commitments and cadastral territory



(e)) justification with the designation of evidence.



section 7 of the



The Court shall forward the petition to the participants in the proceedings, and the agricultural

the Department of the Council of the District National Committee. This section gives the Court

opportunity to comment when it decides on the question,

whether on a financial obligation of the borrower applies for a postponement of payment, and

interest, and even as a preliminary issue.



§ 8



The Court shall deliver the decision of the Council of the agricultural Department of the participants, the district

the National Committee and the uniform agricultural cooperative, of which the debtor is

a member of the.



§ 9



(1) on 1 January 2005. January 1955, where applicable, from the date of the later of the entry, there is

After a period of deferment of payment and interest cash obligations the limitation period

for these claims.



(2) the Court shall suspend the actions as they relate to payment or

the recovery of cash obligations which payment and interest has been postponed;

enforcement proceedings with the exception of execution by the establishment of a lien, the Court

cancels.



§ 10



(1) the date of expiry of the period of deferment, cancellation, where appropriate, his final day,

When the borrower ceased to be a member of the unified agricultural cooperatives,

the debtor's obligation to pay financial obligations with

accessories and interest of these commitments.



(2) the effects referred to in paragraph 1 do not occur if the debtor within 30 days

After the date has ended his membership in the team, becoming a member of the same or

other agricultural cooperatives is a common vegetable, and animal

the production, which is running under the standard articles of Association.



(3) the debtor is obliged to immediately report to the creditors the day which stopped

be a member of the cooperative; until they do, there is the limitation period.



§ 11



(1) a member who has, pursuant to section 1 allowed deferment of payment and interest

cash obligations, not uniform agricultural cooperative to pay the amount,

that he would have been entitled pursuant to the resolutions of the meeting due to the Member refund

for the use of land or for reasons of installments for vnesený live and dead inventory.



(2) a creditor of the receivable, the payment and interest is deferred, shall notify the

the team that has a claim for his Member, for its creation, the original

the amount of and the legal reason for the claim; at the same time the lender shall notify the amount and the

arrears on the interest accrued to the date of cessation of interest.



(3) a cooperative is required to the amount referred to in paragraph 1 and the amount of interest and

installments paid directly to the creditor; details provides the Ministry of

Agriculture and forestry in the agreement with the Ministry of finance and the

the participating central authorities.



§ 12



(1) the Council, on a proposal of the agricultural Department of the District National Committee

the Court will decide on the abolition of the delay of payment and interest cash obligations

of the debtor,



and if the debtor in speculative) intent or otherwise, it was verified that the

get rid of livestock or supplies seed and animal feed, or



(b)) if the extent his personal economy is greater than the permitted

sample statutes of the uniform agricultural cooperative, or



(c) if the debtor) consistently without serious reason, avoids work in

team or otherwise intentionally hurting the team.



(2) the proceedings before the Court and the service of the decision shall apply mutatis mutandis

the provisions of § 5 (3). 2 and § 8.



(3) postponement of the payment of interest and the financial obligations referred to in section 2 (2).

1 (a). (e) the Executive authority of the district), the National Committee to cancel before the

the expiry of the time limits referred to in section 2 (2). 3 and 4, if the equity and

the Ministry of the debtor's circumstances are such, that the payment of those obligations

not jeopardise the nutrition of the taxpayer and the members of his family.



section 13



Deferment of payment and interest cash obligations shall also apply to cash

the obligations of the minor children of the deceased member of the cooperative until they reach the

the age at which can become members of the cooperative.



§ 14



The Minister of finance in agreement with the Minister of agriculture and participating

the central authorities adjusted the financial consequences for the lender of the

the implementation of this regulation.



§ 15



This Regulation shall enter into force on 1 January 2005. January 1955; the Ministers shall

Agriculture, finance and justice, in agreement with the participating members

the Government.



Zápotocký in r.



Dr. Dolansky in r.



Ďuriš in r.



Smida in r.



Dr. Bartuška in r.