Amendment Of The Act On Property Of The Czech Republic And Its Representation In Legal Relations

Original Language Title: změna zákona o majetku ČR a jejím vystupování v právních vztazích

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=51453&nr=229~2F2001~20Sb.&ft=txt

231/2001 Coll.



LAW



of 14 July 1999. June 2001,



amending the Act No. 219/2000 Coll., on the Czech Republic and its assets

in legal relations, as amended by Act No. 492/2000 Coll., and

some other laws



Change: 89/2009 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment of the Act on property in the Czech Republic and its representation in legal

relations



Article. (I)



Act No. 219/2000 Coll., on the property of the Czech Republic and its representation in

legal relations, as amended by Act No. 492/2000 is amended as follows:



1. In section 2, at the end of paragraph 2 the following sentence: "for a more detailed

rules for the implementation of the obligations under the provisions of § 14 para. 1 and 3

The Land Fund of the Czech Republic out in the implementing regulation. ".



2. In section 27 para. 3 in the last sentence, after the word "humanitarian", shall be added

the words "fire protection, protection of the population, the integrated rescue

the system, '.



3. In article 59, paragraph 4 shall be deleted.



4. in section 60 paragraph. 1, the second sentence shall be deleted.



5. in section 60, the following new section 60a and 60b, which including notes below

line no 86) and 87) are added:



"§ 60a



(1) the competent organizational unit (para. 9 and 11) converts the land forming

a functional unit of apartment house owned by housing cooperatives

free of charge to the ownership of this housing cooperative.



(2) in accordance with paragraph 1 shall be applied, mutatis mutandis, in the case of land which

form a single functional unit



and) with family house ^ 86) and its accessories to it, as appropriate,

attaching a garage owned by housing cooperatives, where the family house

It was built for the housing cooperative 1. January 1969, on the basis of the exceptions to

the rules on the financial, credit and other assistance to cooperative and individual

housing construction ^ 87) and on its construction was provided financial,

credit and other assistance granted to cooperative housing construction,



(b)), or garages with garage owned by housing cooperatives, on

the financing of the construction of the involved individual members

housing cooperatives or their predecessors; This also applies in the case of

cooperatives, where the main activity is the construction and management of a garage for

their members, if the other conditions are met.



(3) if the transfer of the family house and its accessories, if applicable, to the

showing the garage mentioned in paragraph 2 (a). and ownership)

housing cooperatives, the appropriate organizational unit converts the land forming

a functional unit with this family house and its accessory,

where applicable, the pertaining to it free of charge to the ownership of garages

the owner of the House and its accessories to it, as appropriate,

payable to the garage, is a natural person.



(4) in accordance with paragraph 3 shall be applied, mutatis mutandis, if the conversion of the garage

referred to in paragraph 2 (a). (b)) of the ownership of housing cooperatives,

where appropriate, cooperative, whose main activity is construction and management

garage for its members, to the ownership of a natural person.



(5) the competent organizational unit converts the co-ownership share to

the land that is a functional unit with the House with apartments and non-residential

premises owned by Act No. 72/1994 Coll., to regulate

some of the co-ownership to buildings and certain ownership relationships to

flats and non-residential spaces, and complement some laws (law on

ownership of the flats), as amended, to the extent

the corresponding share of the joint spoluvlastnickému parts of the House according to the

§ 8 para. 2 of the law on ownership of apartments, free of charge



and the ownership of a natural person) who is the owner of the apartment or garage

or the Studio in such a House, if this person was at the time of the transfer of

apartment or garage or Studio from the ownership of housing cooperatives, in accordance with

the provisions of § 23 of the Act on ownership of apartments, the tenant of the apartment or

a garage or Studio and a member of the housing cooperative, or



(b)) to the ownership of a natural person who is the owner of the apartment or garage

or the Studio in such a House, if the home team as the owner

building a declaration whereby the flats and non-residential premises as separate

the unit according to the law on ownership of apartments and this person referred to

apartment or garage or Studio ownership of construction on the basis of the contract

on the construction of a dwelling or non-residential premises in accordance with the law on ownership

apartments, or this person has acquired ownership of the apartment listed on the basis of

the contract for the construction of the building owned by housing cooperatives,

where appropriate, on the House with apartments and non-residential premises in accordance with the law on

ownership of the flats, of which at least one was in the ownership of housing

According to the law on ownership, or



(c) the ownership of a natural person), which is the owner of the apartment or

non-residential premises referred to in point (a)), or (b)) on the basis of

the conversion or transfer of the ownership of the apartment or garage or

the Studio, or



(d)) to the ownership of housing cooperatives, which remained the owner of the

unconverted bytes or commercial premises in such a House.



(6) the validity of contracts concluded by both paragraphs 1 to 5 is not

need the approval of the Ministry of finance pursuant to section 22(2). 3.



(7) if the land referred to in paragraph 5 or to the section of this

the land was an easement pursuant to § 21 para. 5 and 6 of the law on

ownership of the flats and the land was free of charge transferred in accordance with paragraph

5, the appropriate organizational unit after making a deposit of title

in the land register shall refrain from enforcement of the corresponding

compensation for an easement to the land or any part thereof, unless this

the claim still persists; the provisions of § 35 para. 1 and 2 and article 36 shall not apply.

If the owner of the dwelling or non-residential premises referred to in paragraph 5,

which the appropriate organizational unit has entered into a deed of gift, pay

or part thereof paid, appropriate organizational folder after you perform the

deposit of title in the land register returns the amount received

This owner or his heirs or successors,

on which the ownership of the land passed.



section 60b



If the land that is a functional unit of apartment house, family

the House, garage or House with apartments and non-residential premises owned by the

According to the law on ownership of dwellings (§ 60a) was established pursuant to the provisions of § 59

paragraph. 1 the loan to a legal person who is not the owner of the apartment house,

the family house, garage, House with apartments and non-residential premises in the

ownership under the law on ownership of apartments or dwelling or non-residential

space in this House, and this loan takes or if you already have a plot of land

used this legal person on the basis of the contracts concluded under

the provision of section 59 paragraph 1. 2, proceed according to the provisions of § 60a only

provided that the appropriate organizational unit (para. 9 and 11) agree in advance

with the user-land on the cancellation of the loan or other exploitation

relationship, where appropriate, that the loan or otherwise use the relationship ceases to exist.



86) § 3 (b). (c)) Decree No. 137/1998 Coll., on general technical

requirements for the construction.



87) § 10 para. 2 Decree No. 137/1968 Coll., on financial, credit and other

help the cooperative and individual housing construction. ".



6. In section 65 is replaced with a comma at the end of a period and the following point (h)),

added:



"h) procedure for determining the public interest for the possibility of not converting

owned by the State (section 22 (2)), and in particular in relation to the assets of the State,

that was before the effective date of this Act established a relationship of permanent use

(article 59, paragraphs 1 and 2). ".



7. In paragraph 65, the current text shall become paragraph 1 and the following

paragraph 2, which reads as follows:



"(2) the Ministry of agriculture Decree lays down more detailed rules

for the fulfilment of the obligations under the provisions of § 14 para. 1 and 3 Land

the Fund of the United States. ".



PART TWO



Amendment of the civil code



Article II



In the Act No. 40/1964 Coll., the civil code, as amended by Act No. 58/1969

Coll., Act No. 132/1982 Coll., Act No. 94/1988 Coll., Act No. 188/1988

Coll., Act No. 87/1990 Coll., Act No. 106/1990 Coll., Act No. 116/1990

Coll., Act No. 87/1991 Coll., Act No. 509/1991 Coll., Act No. 264/1992

Coll., Act No. 266/1994 Coll., Act No. 103/1995 Coll., Act No. 118/1995

Coll., Act No. 90/1996 Coll., Act No. 94/1996 Coll., Act No. 227/1997

Coll., Act No. 91/1998 Coll., Act No. 167/1998 Coll., Act No. 159/1999

Coll., Act No. 363/1999 Coll., Act No. 27/2000 Coll., Act No. 103/2000

Coll., Act No. 227/2000 Coll. and Act No. 367/2000 Coll., in § 879c, 879 d and

879e, including the titles and headings are deleted.



PART THREE



cancelled



Article. (III)



cancelled



PART FOUR



TRANSITIONAL PROVISIONS



Article IV



1. the existing relations of permanent use pursuant to section 70 of the economic code,

that have not changed to the loan in accordance with § 59 paragraph 1. 1 of Act No. 219/2000

Coll. on the assets of the United States and its representation in legal relations,

the effective date of this Act, changes to the loan for a fixed period

in duration to 1. January 1, 2004. During this time, borrowing controls

the provisions of the civil code; in other similarly section 59 paragraph 1. 2

of the Act and section 60a of the same Act, as amended by Act No. 231/2001

SB.



2. If the parties to a right relationship according to § 59 paragraph 1. 2

Act No. 219/2000 Coll., where appropriate, under section 60a of the same Act, as amended by


Act No. 231/2001 Coll. agree otherwise, the loan referred to in point 1 shall cease

the expiry of the prescribed time without compensation.



3. the provisions of section 27 of Act No. 72/1994 Coll., to regulate certain

co-ownership to buildings and certain ownership relationships to flats and

non-residential spaces, and complement some laws (law on ownership

apartments), as amended by Act No. 101/2000 Coll. and Act No. 231/2001 Coll.,

It's even in the cases of easement in favor of another

persons than housing cooperative before the date of entry into force of this Act.



PART FIVE



The EFFECTIVENESS of the



Article. In



This law shall enter into force on 30 April 2005. June 2001.



Klaus r.



Havel, v. r.



in z. Spidla in r.