On The Adjustment Of Rents From The Field Of Economy And Agricultural Land

Original Language Title: o úpravě pachtovného z polních hospodářství a zemědělských pozemků

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=2167&nr=586~2F1920~20Sb.&ft=txt

586/1920 Sb.



Measures



The Standing Committee of the National Assembly of the Czechoslovak Republic under §

54 Constitution



of 8 March. October 1920



on the adjustment of rents from the field of economy and agricultural land and about

reconstruction of small agricultural pachtů.



The Standing Committee of the National Assembly of the Czechoslovak Republic decided

under section 54 of the Constitutional Charter of 29 April. February 1920. 121 Coll. and n.,

on this measure:



§ 1.



(1) Regulation of the Government of the Czechoslovak Republic of 3. August, 1920, no.

471 Coll. and n., adjusting the rents from the field of economy and

agricultural parcels shall be repealed with retroactive effect from 28. August

1920.



(2) the adjustments that rents have fallen on the initiative of the repealed Regulation, are

invalid.



§ 2.



(1) the Propachtovatelé field of each agricultural holding or

the land may have enhanced the rents (podpachtovné), which was agreed before

1 January 1918, for pachtovní the year 1921 and remaining contracted pachtovní

for years, about 6% of the difference between the pre-war price specifying real estate

and the price at 1. March 1919, determined in accordance with the principles given in 11, para.

4. the Act of 8. April 1920. 309 Coll. and n., dose of assets and

the dose of growth on the property (Annex A), if the rents increased

after deduction of taxes, surcharges and other public benefits, which shall be borne by

the grantor, as well as the current values of all the ancillary services that

is obliged under the contract (to be recorded as pure), does not exceed 6% of the price of these

real estate on 1 January. March 1919 (Annex B).



(2) in the margin, even in the present between her account only for the price of the land,

with regard to the price of land and economic and residential buildings

specifying as an accessory of the soil, if they are intended to

the operation of the field of the economy, rather than to the price of buildings and

industrial plants, farmers for the use of either the inventory or to

the price of the special rights, tenancy and real estate, specifying

under the.



(3) If a sharecropper Maintains the building, reducing the premium and its limit by 20%;

maintains, however, if the grantor, increase by 20%. These percentages are

a relatively reduced, shall be borne by the sharecropper, with respect to the grantor only

part of the cost of maintenance. Goes-i for land occupied by according to the law of 16 June.

April 1919. 215 Coll. and n., reduces the total thus identified

mark-up of 25%.



(4) in the grounds, which are in the podpachtu, if they cannot be

to use the provisions of this measure, the ratio between the leaseholder and the

propachtovatelem as the top limit for premium rents that apply

podpachtýř 15% after the collision.



(5) in addition to the increase referred to in the first paragraph may insist on propachtovatelé,

that he carried for pachtovní year sharecropper 1920 and the remaining pachtovní years

any increase in taxes, surcharges and other public

payment of taxes, there was a sharecropper is assumed by or against

in 1913, as regards the year later, when the rent was agreed.



(6) in the cases of paragraph Propachtovatelé of the first are obliged to rent

for the year 1921 and remaining contracted pachtovní summer snížiti, exceeds the

the amount specified in the paragraphs preceding this amount, if

exceeded its revenue is not justified by the specific circumstances pachtované

real estate, such as the BC. energy supply, regulation of competences for

special culture and under. (article 6, para. 2.).



(7) on the cancelled before the main harvest pachta 1920 and by pachta

the law of 30 June. October 1919, no. 593 Coll. and n., 1920 for a year of renewed

the provisions of paragraph 5. It does not apply.



§ 3.



The provision of section 2 does not apply to land occupied by (sections 2 and 3 of the law of 16 April

1919, no. 215 Coll. and n.), which is in the pachtýřů, who rented it yourself

or with the assistance of the members of their families to cultivate and who, together with persons with

them living in the same household do not have their own land and pachtované

farming together more than 8 hectares of land secured, or small

pachtýřům under the Act of 27 April 2001. in May 1919, no. 318 Coll. and n.

It also does not apply to pachtů, where the rent was agreed before 1.

in January 1918, but after that date have been extended to the year 1921, or

For more pachtovní years.



§ 4.



(1) the grantor, the claimant edit rents under this

measures, to 30. November 1920 oznámiti sharecropping by registered or

on the confirmation letter supplied amount of taxes required increases and indicate,

premiums and other benefits the public, which has otherwise ceases to bear, sharecropper

its claim for an adjustment.



(2) unless within 14 days of receipt of the notification of its response, pachtýřovi

his silence for consent to the proposed editing rents,

He was a sharecropper in the notice expressly notified to this effect.



(3) in Slovakia and Carpathian Ruthenia to the provisions of the second paragraph of

do not apply.



§ 5.



(1) unless otherwise agreed by the parties on the notified of the claim for adjustment or expressly

even in silence (article 4, para. 2.) is on propachtovateli, to propose

the decision of the Court.



(2) the proposal is not administer at the District Court in whose district the leased

real estate entirely or for the most part, until 31 December 1998. December

1920, however, if it is to modify the pachtů economy and land files

larger than 50 ha, until 31 December 1998. January 1921. The mail transport is to

period in question. Delayed refunds refuses the Court ex officio.



(3) Administer as many copies of the proposals is that one could be

delivered to each of the defendants, and one is left with the Court.



§ 6.



(1) if the measures this is nothing determined, applies in proceedings to

modify the undisputed control policies, rents on the clients of the provisions

control of the contested and the kolcích and the provisions of the fee for the

court proceedings at issue.



(2) If a sharecropper (podpachtýř) seeks a reduction in rents, is true of the

time limits and procedure, mutatis mutandis, the provisions of § § 3-and § 6, paragraph 1(a). 1.



§ 7.



(1) the Sharecropper whom increased was pure rents by more than 75%, to

14 days, when the judicial resolution to increase the judicial power, the contract to

the end of next year pachtovního vypověděti.



(2) if the increase on a voluntary basis, has the right of dismissal according to the

the first paragraph only when it's in the agreement reserved the. Period of notice

begins on the date of the agreement here.



§ 8.



(1) the leasing (podpacht) of agricultural land, which will end or already

He ended up in the second half of the 1920s, restores to the next pachtovní year

1921 even against the will of propachtovatele (owner pachtýře), when the sharecropper

(podpachtýř) to notify to the 30. November 1920 or propachtovateli

the economic management of the recommended or supplied on the confirmation letter that you

land on hold in the tenancy, if the



and the sharecropper land pachtovaný) alone or with your family--and

continue to obdělávati wants to and can, and



(b) the lease was terminated by notice) propachtovatelovou or could not be

restored to its resistance, and the grantor did not have legal grounds from the

pachtovní contract without notice odstoupiti.



(2) to this renewal of tenancy do not require the consent of the land authority, or

another supervisory authority.



§ 9.



Recovery refers to the accessories of the agricultural parcels for which wits

This measure shall be deemed and building residential and farm land,

on which they are built, and the courtyards and gardens, take a

they are based on the same pachtovního sharecropper.



§ 10.



(1) the leasing can do I reset sharecropper just so far as the application of this

the law does not exceed their own and hired his agricultural land, as well as the people,

with him living in a common household, 8 ha, when you land in 13

marked, and in the case referred to in § 14, 5 ha.



(2) not more than 1/2 of the surpluses, the ha will not look.



§ 11.



(1) For a renewed lease terms of the current lease.



(2) if the rents disproportionate high, the sharecropper to insist at the same time with

reporting a claim for renewal (section 8) the reduction referred to in § 2, para. 6.



(3) If, by contrast, rents a disproportionately low, has the grantor

right to the adjustment within the limits of section 2; However, the farmers claim the spark plug oznámiti,

with regard to the determination of the Court of navrhnouti within the time limits set out in section

15 for objections to the renewal.



(4) the fees charged for the management and the regulation of § 6.



§ 12.



The right to rehabilitation (section 8) does not apply to the courts, farmhouses, manor houses and similar

economic units in the unit rented.



§ 13.



If the ordinary on land that belonged to the village of neb are not in accordance with the law of

16 December 2002. April 1919, no. 215 Coll. and n., State and used or are not

written to the desk or do not form part of the provincial economic farm

registered in the provincial boards, tenancy renewal does not occur when:



and total replacement of agricultural land) owned by propachtovatelově

is located no more than 15 hectares, or



(b)) when the grantor wants the Association to the neb béře management pachtovaný

the plot, which was only 1. August 1914 he was propachtován, or which

It has gained only after this day from the person after person, the neb is the legal

the heir, or



(c)) when the neb took to the custom béře administration of the land, because the removal of the

hurdle, for which he could not himself hospodařiti on the property (such as excessive

Youth, a temporary inability to or absence of his or the members of his

family to capable), neb



(d)) when the new sharecropper whom the grantor of land propachtoval or


propachtovati wants the land before it had already rented and owner-occupied,

He gave up for serious obstacles, which have now passed away, or belongs to this

the new sharecropper and propachtovatelovy between the statutory heirs received a plot of land

in order to ensure the necessary existence of a tenant.



§ 14.



If the land is already propachtován another sharecropping, the leasing

under this measure only if the old farmers had

or 5 ha private and pachtované of agricultural land and threaten the loss of tenancy

by its very existence.



§ 15.



(1) if the grantor considers that farmers the right to tenancy renewal

is not, or that the requested reduction is not justified, the response to its

objections within 14 days after notification of the pachtýřovi, and unless otherwise agreed,

a maximum of 31. in December 1920, the District Court in whose district lies

pachtované real estate, lest they lose the right to odporovati, if the

as regards the desired reduction in rents.



(2) in the same period, the Court may not administer the objections and the new sharecropper (§ 14). For

to this end, the grantor is required to draft him pachtýřův on oznámiti

renewal within seven days after the notification; If he fails to do so, shall be liable for damage, which

his omission creates the new farmers.



§ 16.



If the land was given already in the letting of other farmers, aborting this

pachtovní renewal agreement under section 8 to pachtovního in 1920-1921

for both parties; sharecropping is off, however, by the end of 1920 at all from

the Treaty ustoupiti.



§ 17.



(1) a claim under § uplatnivší Sharecropper 8 is required to nahraditi

propachtovateli, after the case of the new farmers (§ 14) useful load,

that the date of notification (section 8) these have spent on the land

obtain the new crop.



(2) For the amount of compensation is determined, which has done work for

pachtýře. Sharecropping is a fine to pay off also in natura (performance

similar work for the claimant, by diverting the same quantity of manure,

seed, etc. the same quality, etc..), it was his performance in the money

obtížno and unless the permissions of that work or the things those needs.

Unless otherwise agreed by the parties, shall determine the amount of the refund or the way to design

propachtovatele (new pachtýře) District Court (w) in a proceeding under section 6.



§ 18.



The Government shall be empowered, in order for Slovakia and Subcarpathia regulation

reasonably extended the time limits laid down in this measure, if it

need.



§ 19.



(1) this measure is distinction, the provisions of § 1, para. 1.-from the

the day when it will be published.



(2) the provisions of the law of 24 December 2002. July 1919, no. 452 Coll. and n.,

with regard to article 2, paragraph 1. 3. the Act of 18 June. November 1919, no. 617

Coll. and n, as well as section 6. Measures of the Standing Committee of the National Assembly

the Czechoslovak Republic from 25 October. August 1920, no. 494 Coll. and n.,

remain unaffected by it.



§ 20.



One such measure is the Minister of Justice, in agreement with

Minister of agriculture and finance.



T. g. Masaryk in r.



Dr. Popelka, in r.



as Deputy Prime Minister and as Minister of Justice.



Prusa in r.



Dr. Edvard Beneš in r.



Dr. Engliš in r.



Dr. William I in r.



Dr. Gruber in r.



Dr. Burger in r.



Dr. walk in r.



Dr. Hannah F v. r.,



as Minister of post and telegraph, and on behalf of the Minister who is absent

railways.



Dr. Brdlík in r.



Dr. Smith in the r.



Husák in r.



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