The Amendment Of The Law On Invalidity Of Some. Property-Legal Proceedings

Original Language Title: Novela zákona o neplatnosti někt. majetkově-právních jednání

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=17200&nr=79~2F1948~20Sb.&ft=txt

79/1948 Coll.



LAW



of 7 November. April 1948



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

invalidity of certain property-legal proceedings from the time of oppression and about

the Trustees of the nullity and other interventions in asset vzcházejících



The constituent National Assembly of the Czechoslovak Republic passed on

This Act:



Article. (I)



Act No. 128/1946 Coll. shall be amended and supplemented as follows:



1. Article 4, paragraph 2. 1 reads as follows:



"(1) belongs to those who Claim an invalid transfer easily things (rights)

or who else invalid property-legal act has been damaged, or

their successors; the claim cannot be enforced on behalf of the

stay is not known, on behalf of the estate of the then only stay if known

at least one heir. However, if the person entitled to State

unreliable, entitled State as the property confiscated in accordance with

Decree of the President of the Republic from 25 October. October 1945, no. 108 Coll.

the confiscation of enemy property and national reconstruction Funds. If a claim

applies the National Administration introduced in enterprises (of plants) and other

According to the Decree of the President of property the constituent Republic of 19 November 2002.

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

negotiations from the time of oppression and a national managing assets of Germans,

Hungarians, traitors and collaborators and some organisací and institutes, on

Slovakia, the Slovak National Council regulation of 5 December. June 1945

No 50 Sb n. SNR, a national management, looking at her as a person authorized

reliable. "



2. In article 6, paragraph 2. 1, third sentence, after the word "bound" is replaced by a semicolon

dot and the phrase "in the public interest may be invoked in the absence of

statement of the Ministry of justice within three months from the date on which the request

on the recognition of the public interest has the Ministry of Justice (pověřenectvu

for the judiciary) "is deleted.



3. In section 6 paragraph 2 added as paragraph 3 of that provision:



"(3) this is especially true in the case of repayment of agricultural property (§ 4

Decree of the President of the Republic of 21 March. June 1945, no. 12 Coll.

confiscation and accelerated distribution of agricultural property of Germans, Hungarians,

as well as traitors and enemies of the Czech and the Slovak nation, section 2 of the regulation

The Slovak National Council of 23 December 2003. August 1945, no. 104 Coll. n. SNR, about

confiscation and accelerated distribution of agricultural property of Germans, Hungarians,

as well as traitors and enemies of the Slovak nation), then, against

to qualify, have left a total of less than 15 ha of agricultural land, and



1. the one against whom the claim is directed, shall submit the certificate of the State

reliability-Slovakia attestation from the local National Committee,

certified by the District National Committee, that is neexponoval for

Nazism or fascism or Nazi functionary or

fascist organisací, even zealously served in such organisacích

or, in organisacích, that the Nazi or fascist regime

přisluhovaly, and that or otherwise offended against the interests of the Czechoslovak

States and of the Czech and Slovak nation-, confirmation of the local

the National Committee about itself as a powerful farmer on land

they being existentially on Agriculture mainly referred, as well as the

the fact that the total area of its farmland is less than 15 hectares, or about

When you return, what would the required asset assessments remained

maintained total of 15 ha of agricultural land, and



2. one who claim is made by the Executive is not a farmer,

the returned land is managed. "



4. the provisions of section 6, paragraph 1. 3 the provisions of paragraph 4 and § 6, paragraph 1(a). 4

the provisions of paragraph 5.



5. in article 11, paragraph 2. 1, the following additional sentence:



"The effectiveness of the Court and out-of-court agreement requires the consent of the competent

Fund national reconstruction. "



Article II



(1) if it is not entitled to a refund of enterprises industrial and commercial,

that are in the administration of the Fund national reconstruction or into which it was introduced

National Administration subject to the supervision of the Fund, as well as agricultural

assets (section 4 of the Decree of the President of the Republic No. 12/1945 Coll., section 2 of regulation

The Slovak National Council No. 104/1945 Coll. n. SNR), which manages the national

Land Fund in the Ministry of agriculture (in Slovakia pověřenectvo

Agriculture and agrarian reform), filed within three months from the date on which the

This Act takes effect, you can insist on only pay according to art. III.



(2) after the expiry of the period given in paragraph 1 may be businesses and agricultural

the assets referred to in paragraph 1, by analogy, the provisions concerning the Division of

confiscated property.



Article. (III)



(1) If a claim for return of things (rights) in accordance with § 4 is pointing.

2 of the Act. No 128/1946 Coll., against a person who things (rights) acquired pursuant to

the rules on the Division of confiscated property, and unless the cases

provided for in article 6(2). IV of this Act, a person who is entitled under section

4, para. 1 the Act. No 128/1946 Coll., entitled a place of that person against

the competent Fund national reconstruction, and it is only entitled to compensation (§ 6

Cust. No 128/1946 Sb.).



(2) compensation for unreturned thing (right) at the rate of General prices.

If, however, the assets of the farm, which would be in the case of return of the subject

the legal provisions on the arrangement of the private ownership of land, used

agricultural production, compensation for ' unreturned ' assets in the amount of

set forth in these regulations. About it, whether it's about such things and what

the refund was entitled shall be decided by the Ministry of agriculture.



(3) the refund is granted, typically in government bonds, which

National Reconstruction Fund shall affix at the Finance Ministry. Person authorized (§

4, para. 1 the Act. No 128/1946 Sb.) is required to take the place of bonds

transactions in cash.



(4) to provide the competent national reconstruction Fund reimbursement referred to in paragraph 3,

can from the person who things (rights) acquired under the provisions of Division

confiscated property, shall demand the difference between a general price of things

(law) and the price of the acquisition, unless social, settlement or

other serious reasons or reasons of the economic construction of the State.



Article IV



(1) If a claim for return of things (rights) in accordance with § 4 is pointing.

2 of the Act. No 128/1946 Coll. against things (rights) acquired pursuant to

the rules on nationalization (of its scale, the establishment of national companies and

inclusion in them, in particular the rules on the distribution of

confiscated property) or against a person who things (rights) thus becomes

the final decision on a claim, the person authorized under section 4,

paragraph. 1 the Act. No 128/1946 Coll. insist (section 10 of the Act No. 128/1946 Coll.) only

specify that the lost things (rights) an invalid property-legal act

or invalid operation on the property from the time of oppression. On compensation and its

the amount is then decide in proceedings under the regulations on compensation for

nationalized assets.



(2) However, if entitled to a refund of the things (rights) is directed under paragraph

1 against a person who things (rights) acquired or the final

decision on the claim has become final according to the regulations on the establishment of the national enterprises

from other than the constituent or nationalized property under the provisions of

inclusion of such merits, must not a thing (right), which was

otherwise nationalized under the provisions of the nationalization and its extent, the person may

authorized pursuant to section 4, paragraph 2(b). 1 the Act. No 128/1946 Coll. insist on just compensation

According to section 6 of the Act. No 128/1946 Sb. the obligation to pay such compensation, however,

prosecutes only Fund nationalized economy. This Fund will provide a refund in

securities or cash by analogy with the rules for

the implementation of the provisions of section 9 of the Decree of the President of the Republic of 24 April. October

1945, no. 100, Coll., on the nationalization of the mines and some industrial enterprises.

This compensation is due within six months from the date of receipt of the

the decision of the said Fund.



(3) if the thing (right) referred to in paragraph 1 or 2, it shall act

the competent Ministry.



Article. In



(1) in cases worthy of special consideration can become wholly or partly

replace the deposit (Decree of the President of the Republic on 19 October

1945, no. 91 SB., about restoring the Czechoslovak currency), against whom a claim

the return of things (rights), the acquisition price of the returned things (rights),

paid t.. the Slovak State. For the award of compensation is decided by the substantive

the pověřenectvo in agreement with the pověřenectvem of finance pursuant to directives

the Ministry of finance. The refund shall be granted of tax due and other

public benefits, against whom the right for returning things (rights),

If you can pay through the transfer of the bonds.



(2) if the purchase price of the returned things (rights) in judicial deposit,

pointing out her court on the bound složitele, deposit is not subject to the dépôt

confiscation and became the third person at the dépôt rights.



(3) where a is the fact who the right for returning things (rights),

cash compensation instead of returning things (rights), replaces the latter amount,

that one, against whom the claim is directed, paid as a purchase price of t.

ZV. the Slovak State, after deduction of taxes and other public benefits.

As a rule, this will provide State compensation in bonds, which on the basis of

This Statute shall issue, and the one who is entitled to a refund of things

(rights), is obliged to place of performance bonds in cash

ye. Any difference between the acquisition price and the general price


will the one against whom the right for returning things (rights).



Čl.VI



The provisions of this Act, the Court shall take into account the appeal and in the proceedings, and even

ex officio.



Article. (VII)



The policy for the provision of compensation in government bonds or in cash and

the provisions on the issue, interest and redemption of these bonds and their

transferability as well as on mutual settlement claims arising

the implementation of this Act between the Fund national reconstruction, National

the Land Fund and the Czechoslovak State, represented by the Ministry of

of finance and the Ministry of agriculture, provides the Government.



Article. (VIII)



The Minister of Justice shall be empowered to prescribe and in the collection of laws and

the regulation, published the full text of Act No. 128/1946 Coll., as is apparent from the

changes made by this Act.



Article. (IX)



This Act shall take effect on the date of the notice; It shall carry out all

members of the Government.