For Credit Assistance To Purchasers Of Land Act (Credit)

Original Language Title: o úvěrové pomoci nabyvatelům půdy (zákon úvěrový)

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=1747&nr=166~2F1920~20Sb.&ft=txt

166/1920 Sb.



Law



of 11 December 1997. March 1920



for credit assistance to purchasers of land Act (credit).



Change: 158/1933 Coll.



Modified: 23/1939 Sb.



The National Assembly of the Republic passed on this

the Act:



§ 1.



Individuals and cooperatives, which will take the land through the implementation of the law of 16 June.

April 1919, no. 215 Coll. and n., prevents large property land

(the following law) and the law and the regulations issued for its implementation, then

persons coming into the soil is unclaimed, sprostředkováním land

the Office, as well as to farmers who are subject to the provisions of the law

allotted to the peasant nedílech, can be granted a loan by

of this Act, if the professional and moral qualification warrants that

credit granted will not be misused.



The first section.



Loan držebnostní.



§ 2.



The loan can be granted:



and) to acquire land in the ownership of up to nine-tenths of the land prices, for

the land Office assigned by, or given in the

which region of the land of the same quality;



(b)) to obtain the economic and residential buildings up to half their price,

determined in accordance with the principles set out below);



(c)) for the construction of buildings up to the economic and residential land prices and to

half of the cost of building the land approved by the authority;



(d)) to cover the cost of the device, which constantly increase

the value of the land, and that up to half the cost of the land Office

recognised.



The entire credit for new construction, remodeling, additions, and durable equipment so be it

in advance of secured on real estate property and paid out according to the procedure of the construction.



§ 3.



The Legionnaires, disabled, widows and orphans, as well as widows and

orphans of vojínech who died as a result of military service, or even

other war poškozencům, can be given additional credit assistance from the

funds established to support them, if the personal characteristics and ratios

applicant's will provide assurance that the estate as follows

indebted to keep.



§ 4.



Public institutes, government regulation of money be empowered, can

provide the loan in accordance with § 2 in incremental debt underwriting, whose interest

measure and plan of the redemption will be determined by the agreement of the land Office with

the Ministry of finance. The Government is empowered to determine the types of regulation

(types) of these partial debentures.



These partial debentures shall enjoy the orphan's certainty.



Compensation for land taken, registered as debts earlier

the owners will create the replacement book, can be used to grant a loan

those parcels were allocated.



§ 5.



Replacement rates of banks and financial institutions, as referred to in paragraph 4, may offer

leases under the preceding provisions only under the permission of the land

the Office.



For the addition of interest and pay off the debts incurred by the State shall be liable in the alternative, as follows.



§ 6.



The loan, granted under the preceding provisions, is a long-term loan

with the nezvýšitelným-umořovaný according to the contract, and the parties of the creditor's

nevypověditelný, until the debtor fulfils the obligations assumed.



§ 7.



Nevertheless, the authority may, on behalf of the State of převzíti supporting liability for proven

losses on accounts receivable cash and ústavův funds, which provide a loaner

According to the principles of this Act and any applicable regulation under the conditions of the Government-

be considered in whole — not more severe than what put the cash

§ 4 of the Constitution, referred to.



The debtor, however, shall not be taken of the Convention in these whole debt freedom

or part thereof after the longest půlletní in the same way that credit

adopted, or in cash. The Convention, the provisions of this

would contravene, are invalid. If the loan has been granted partial release

promissory notes or their exchange rate values, the debtor has the right to these

its debt entirely or in part of the promissory notes of the same type (type),

calculated in nominal value.



§ 8.



If the loan is not granted in this way fully paid, but at least to ten

years from the date of its grant, the real estate, it loaded, be

among the living are disposed of only with the consent of the land Office. If

Land Registry Office does not agree, you may zcizovanou real estate převzíti to

the ownership of the State at the cost of a decent, you-unless the agreement specifies the

the Court.



The land Office consent is not necessary in the case of a transfer between spouses

or with the parents to their children.



Ownership of successors is as limited as the law of their

predecessors.



§ 9.



Ownership restrictions pursuant to § 8 acts against third parties when it is

noted in the books of land. A proposal on this note can do

as a creditor, and the land Office.



§ 10.



If the debtor carelessly manages real estate on which it is secured

a claim arising under the preceding provisions, and in excess of two

one third of land prices, and half the price of buildings, proceeded according to the principles of

the law of 12 June 2001. February 1920, no. 118 Coll. and n., on the management of the

the disk property plots.



§ 11.



If the debtor, although was reminded to fulfil payment obligations arising from

loans under the preceding provisions, the pledgee has the

the right to administer to the competent court with a proposal to make against the debtor

the payment order has been issued, if the application connects the IOU in the original

an authenticated copy of the NEB. If I owe based on the original NEBS certified

the copy in the writings of the same court, just when the Prosecutor, looked on. Court

will issue without a hearing and neslyšev of the debtor for a payment order, if the design

his vyhověti; saved on the debtor to pay the zažalovanou

debt and spending, the Court laid down, within fourteen dnův from the service under the

the consequences of execution, or within the same period to opponent. The time limit cannot be

extended. Against the issuing of a payment order does not appeal;

the amount of taxed costs, spending only can not administer the complaint within 14 days

from the delivery order, decided by a Court of final rekursní

expired.



A copy of the payment order, the Court shall send to the land Office, which in the next

may přistoupiti as intervener.



Opozděné without a hearing, the Court rejects the objections. If they have been submitted in a timely manner,

Court without a new proposal of the oral proceedings on time

the shortest. In the judgment will say that, and if it preserves the order of payment in

of validity, and shall decide on the clients.



If you cannot vyhověti the proposal to issue payment order, the Court shall initiate a

the petition proceedings under the applicable provisions.



Provides if the loans by credit law office or his own land

Fund, and leads to their administration or to their administration any State

the authority shall, where appropriate, the State or a public Institute, are extracts from the main

books or accounts legitimized by the land Office of enforcement for the management

the Court.



§ 12.



To pry out of the amounts due to the interpretation of a rule, initiated the execution so be it

Administration. If you cannot, however, depending on the circumstances (in particular, from the minuscule yields

a larger debt, small acreage, etc.) to them, that the lender will

no later than two years from the proceeds of self-inflicted management satisfied, even when

nedílech (section 36 of the allocation of the Act) to pry debts from loans by

sections 2 and 3 of the loan Act, as well as at all the loans outlined in § 35

the allocation law, started to be on a proposal from the land Office or

the lender auction the proceedings with the consent of the real estate. The provisions of the

This does not apply when nedílech, declares the land authority, pursuant to § 51

nedíl allocation will act and take on the commitment of the uhraditi

enforceable claim. If the proceedings initiated on

application by the creditor, i.e. the door land Office consent in the draft on

the initiation of proceedings. All resolutions issued by the management is also doručiti

Land Office.



Auction management shall be carried out in accordance with the provisions of the enforcement code (law)

the following deviations:



Dražiti can itself or plnomocníkem, who is reported by the bailiff's Court before

at the beginning of the auction, that is, a citizen of Czechoslovak Republic.



If it has not been done by someone else during the auction the lowest acceptable submission,

can the land auction of the year at the Office or, if it does not compete with its

Representative, within 14 days after it has been informed of the outcome of the auction,

a written statement by the enforcement court převzíti real estate given to

the auction at the lowest acceptable submission. In this case, the Court shall grant the

hammering the State, otherwise cancel the auction proceedings.



If it was made in an auction of real estate in even the prohibition of theft and

load the highest administration of someone else, the land Office statement

made in the year of its agent or, if you did not participate in the year

by a written declaration made by the enforcement court within 14 days after the

It has been informed of the outcome of the auction, the highest převzíti the real estate for the same

Administration. Did not participate in the Office if the land auction of the year, odročí Court

the decision about the impact when the 14-day time limit specified. If

Nevertheless, the Office, in the year, or, if not attended to it, within a time limit

a declaration that takes over the real estate for the highest administration of certain

the bidder, the Court shall grant the hammer made by the State, otherwise the Supreme

podateli.



In the auction is upozorniti that dražiti can only State citizens


Czechoslovak Republic, and on the right to the land Office převzíti

the real estate under the preceding provisions.



In auction markets conditions so be it ordained that the ownership of vydražitelovo

is just as limited as the possession of the original purchaser under the laws

of the land reform. This limitation makes the Court of its own motion in the

the books of the land, following the right of ownership to another auctioneer

than the State.



Section two.



Loan performance.



§ 13.



To measure the living and the dead, as well as other resources

performing may land the authority to offer the persons referred to in paragraph 1 of the

the loan will be subject to the specific conditions of the land to the authority and its

supervision. The loan will be secured by a mortgage early in order for

loan dražebnostním.



In cases worthy of special consideration, may be the person referred to in section 1 of the

credit also to the measures or supplementing the pachtovní deposit, and

of the dead, as well as other means of performing, required to

management on pachtované soil subjected to special conditions

the Ministry of agriculture and its supervision.



§ 14.



Nevertheless, the Office provides a loan pursuant to section 13 either in cash from their funds

for this purpose, set up by, or on behalf of, the State takes over, in agreement with

the Ministry of finance supporting up to half of proven loss

land for the obligation on the licensee against the cooperative or the Institute of credit

poskytnuvšímu. Team or Institute delivering credit are required to

to put the terms of the land Office.



The third section.



General provisions.



§ 15.



Liabilities incurred by the rukojemské State in the implementation of this law,

provides for a maximum of two hundred million Czechoslovak crowns.



§ 16.



Cooperatives and credit institutions that provide credit according to credit law

for the guarantee of the State, are subjected to this cause in the State supervision, which

detailed rules will be issued in particular.



Debts owed by persons designated in section 1 of the credit law, which arose

from the loan provided to the land registry office of cooperatives or úvěrním institutions,

may převzíti land Office in order to reduce interest rates. Taken

the receivable is transferred to the land Office on the day when it will be delivered to the

the lender's decision; against the debtor acquires the transition

effect as soon as he was taking over the claims of the land Office

notified or otherwise learned about it earlier.



If taken over a claim secured by a mortgage in the land register,

does the Court on a proposal from the land Office in accordance with the decision of acceptance

also, the transfer of the right of lien claims.



§ 17.



The Government is empowered to make under this Act has released the schedule for job-seekers

loan, and after the case has identified the highest numerical amount for credit

an individual applicant.



§ 18.



To support the internal kolonisace of the goods when the land Office Office of General

Fund in four annual instalments over five million crowns of Czechoslovak,

to be added to the State budget starting from year 1920. The Government of the

shall be empowered, would be from the funds to support the Legionnaires, invalids, war widows

and orphans after members of the Czechoslovak army, as well as other

poškozenců of war, transferred a reasonable amount to special funds,

set up for this purpose in the Office of plots, from which those absolutely claim identification

the funds would have been especially encouraged in the implementation of agrarian reform (para.

3).



Land Office for the approval of its Administrative Committee with the approval of the Government

issues for its funds special statutes.



§ 19.



All submissions of the parties to the authorities in matters governed by this law, are

outside court proceedings free of charge.



§ 20.



This Act shall take effect on publication.



§ 21.



In one case this law belongs to all Ministers.



T. g. Masaryk in r.



Raja, r.



on behalf of the Prime Minister and as Minister of the Interior.



Dr. Jolly in r.



Dr. Edvard Beneš in r.



Thomas s in r.



Dr. Winter in r.



K v r.



Dr. Heidler in the r.



Dr. Franke in r.



EBI in r.



Hampl in r.



The powder in the r.



Staněk v. r.



Dr. Hoxha in r.



Habrman in r.



Dr. Šrobár, in r.