of 29 April 2004. May 1941
on the compensation of settlers on the territory of the former Czecho-Slovak Republic
annexed to Hungary
The Government of the protectorate of Bohemia and Moravia orders under section 1, paragraph 1(b). 1 of regulation
the Reich protector in Bohemia and Moravia, of 12 June. in December 1940,
Věstn., p. 604, extending and amending certain provisions of the
the Constitutional Act, the enabling of 15 July in December 1938, no. 330:
According to the provisions of this Regulation shall be granted within the limits of indemnity
the funds collected for this purpose, negotiations between the German Interstate
Empire and the Kingdom of Hungary, former Czech-Slovak settlers (section 2),
who have suffered material injury (§ 3), in connection with the connection parts
the territory of the former Czecho-Slovakia to Hungary. Compensation is
provides the legal successors of these persons.
(1) the former Czecho-Slovak settlers (the settlers) means
former Czechoslovak nationals, German or Czech national
nationality, who, in the territory designated in section 1 acquired under the legislation of
the Czechoslovak land reform laws on land and the associated
property rights, becoming the Hungarian or Slovak nationals
members and from that territory moved out or intend to
(2) the provisions of paragraph 1 shall apply mutatis mutandis to an Association of persons and
the Association of capital, which in the territory designated in section 1 acquired the land and with the
property rights related to it of the type referred to in paragraph 1 and whose
its registered office is in the territory of the German Empire (including the protectorate of Bohemia and Moravia).
The same applies to associations of persons and the associations of the capital, which have
registered office in the territory designated in section 1, whose members are exclusively persons
referred to in paragraph 1.
(3) other associations of persons or pools of capital, on which
have the participation of the persons referred to in paragraph 1, the provisions of paragraph 1 only
then, if so agreed upon a special inter-State Convention.
Material injury under section 1, understand the damage caused by recapturing the land
referred to in § 2, para. 1 and loss associated with property rights.
The determination of damages and settlement of obligations
(1) Should the damages, which shall be the responsibility of the Commission for a settler,
compensation to settlers from Hungary, which is established at the Ministry of the Interior
(hereinafter referred to as the Commission).
(2) the Commission also settles under the other provisions of this regulation
debt obligations which arose before the date of September 11 against the settlers.
November 1938, meet debt obligations with financial institutions
based in Hungary, which were secured by a lien on the
real estate referred to in § 2, para. 1. Claims arising before the date of
November 11, 1938, on a par with postižní claims, arising from the
the effectiveness of this regulation, the payment of osadníkových obligations
arose before the date 11. November 1938.
(1) to ensure that the commitments that have been found, the Commission has vypořádati,
lenders are obliged to přihlásiti the settlers the Commission their claims for
the settlers, as referred to in section 4, paragraph 2(b). 2.
(2) the application shall contain, in addition to legal claims at the reason and how to
ensure the listed addresses of spoludlužníků and osadníkových of the guarantors.
Either the claim mentioned in State of the art 10. November 1938; Receivables
that day, juvenile and repeated the performance at counted
under the unprecedented provisions § § 16 and 17 of the bankruptcy order. In addition to the claims
According to the State of the 10. November 1938 can be uplatňovati only the interest for a period of time
from that date until 31 December 2006. in December 1940, and in accordance with the interest rate 3%
or lower the rates agreed. When the claims postižních (section 4, paragraph 2,
the second sentence) is applicable instead of 10 June 1999. November 1938, date of
(3) the application submitted at within 60 days from the effective date of this
the regulation, with respect to the claim for the settler referred to the list, which was
the basis for interstate negotiations between the German Empire and the Kingdom of
Hungarian, and is kept by the Commission. With respect to the claim for the settler,
that is not listed in this list and logs for additional compensation,
at the application submitted within 60 days from the end of the period to additional
applications of settlers; This time limit, the Commission shall publish in the Official Gazette.
(4) the claims of the creditor, in the prescribed time limit (paragraph 3)
logs are not taken into account in the settlement. The creditor of such claims
not against a settler uplatniti entitled to satisfaction in the larger
extent than he has received in the settlement of obligations osadníkových
by the Commission; intentional who claims has resulted in the loss of entitlement.
(5) the provisions of the preceding paragraphs shall not apply for claims
creditors who have a domicile or registered office in Hungary.
If the claim is disputed between the lender and the settler, the Commission may
the decision on the settlement of obligations, the creditor can prove odsunouti until your
the rightful claim of a judicial decision or other enforceable
by the Charter.
section 7 of the
(1) the compensation granted by a settler would pay the claims when the
the settlement established in the absence of agreement between the parties to the jinaké,
the creditors directly.
(2) on the proposal of the Institute for the care of přestěhovalce, Ministry of social
and health administration will repay the rest of the compensation, which falls
a settler, the claims of the leases provided by settler Institute
directly or through a financial institution to support or to the establishment of new
the existence of, as well as claims arising from the relocation of the Institute and settler
(1) if it turned out that the existing resources at hand (section 1)
will not suffice to fully compensate the settlers, admits the Commission compensation
the relatively reduced.
(2) shall be added to the odškodnému from the property value, which
settler after 10. November 1938 from the Territories indicated in § 1 exported or
(3) in relation to which the compensation plus the listed property
values less than the value of the property, which was designated the territory settler
in § 1, 10 June. November 1938, the sum of the osadníkových and liabilities
which the EC concerns the settlement.
(4) the sum Of the following intended to satisfy the settler's obligations to
and the staff of osadníkových proportion) of the work, including the claims
on the compensation issue and return the finished service guarantees
(b)), which was planted the maintenance obligation to the creditor in accordance with poskytovati
(c)) of the lease, the emission
(d)) that have been on the real estate osadníkových secured to two-thirds
price, taken as the basis in determining damages, and which are placed on the
shall be assimilated to the claims to which the collateral has been given consent by the competent authority
under section 35 of the Act of an allocation of 30 June January 1920, no. 81, section 2
a small act of an allocation of 27 June. in May 1931, no. 93 Coll., and in
the order specified under section 9 of the Act, the small allocation
(e)) of the lease guaranteed the former Czecho-Slovak Republic
According to the State of the art 10. November 1938, the relative amount of
one-third higher than on other receivables for the settler; to the interest of the
the claims referred to in points) to (e)) shall be disregarded.
(5) to reduce claims, declaring that if the creditor does not ask
Instant gratification, and agrees that its claim was, starting
the date of application of this regulation, the zúrokována under the applicable interest
rates, not more than 5%, and amortized by the regular payments at the time at least
for 20 years. If the debtor fails to meet at least three consecutive payments, is
the creditor shall be entitled to claim on the vypověděti three months in advance and to
the rest of the payment.
(1) the Settlement of claims under the previous provisions of this regulation
are completely offset by the settler's commitments, referred to in section 4, paragraph 2(b). 2;
the settler is not obliged to nahraditi lenders loss that this
the settlement suffered.
(2) the claims of the creditors of the debt claims referred to in section 8, paragraph. 4, point (a). and (e)))
against third parties (co‑debtors osadníkovým, mortgage borrowers
hostage). The claims of creditors ' claims, which do not belong among the
the claims referred to in section 8, paragraph. 4, point (a). and (e))) up against third parties
If not, continue to insist that the settlers. These lenders may, however,
third persons vymáhati only the amount that would have been on their
debt fell, if it were used to be satisfied as a receivable
referred to in section 8, paragraph 1(a). 4, point (a). and (e)).)
(3) the provisions of paragraphs 1 and 2 shall not affect the obligations that were 10 June.
November 1938 secured on assets situated outside the territory identified in section 1.
(4) the settler is liberated to the hostages and other persons, which would
otherwise, on the right of recourse.
(5) the arrangements which are contrary to these provisions, are invalid.
Povoliti the Commission may advance the settlers at the expense of the damages and the creditors of the
scores of them fall in the settlement of obligations.
(1) The compensation that has to offer-a settler, enforcement and
reinsurance operations allowed.
(2) The compensation that was granted to the new settler and osadníkův
Enterprise and things belonging to it are for a period of 5 years from the effectiveness of this
enforcement and regulation of reinsurance operations allowed only for accounts receivable
incurred due to start a new business or its operation.
(3) if the creditor cannot claim to lead the enforcement and precautionary
acts, cannot even claim a declaration for such a navrhovati
The Commission for the compensation of settlers from Hungary
(1) the Commission (art. 4, para. 1) includes six members and broadcast it after one
representatives of the Ministry of the Interior, justice, finance and the social and
Health Administration and two representatives of the Ministry of agriculture, from which
one komisařský head of land Office-IX. the Department of the Ministry of
Agriculture. For each Member of the Commission shall appoint a substitute. The Chairman of the
the Commission is a representative of the Ministry of the Interior. Functions of the members of the Commission is
(2) the Commission shall be governed by the rules of procedure, issued by the Ministry of
the Interior, in consultation with the ministries of Justice, finance, agriculture and
social and health administration.
(3) the Commission may přibrati to discuss individual cases, a representative of the
organisací leads with advisory voice.
(4) unless this regulation otherwise, decisions of the Commission neustanovuje pursuant to
discretion; her decision is final.
(5) for the meeting of the Commission on the limits of this Regulation shall apply mutatis mutandis
the provisions on the procedure in matters belonging to the scope of the policy
the authorities, with the variation, that the Commission is not bound by the provisions of the hearing
the parties and the management burden.
(6) work connected with the activities of the Commission will handle the Ministry of Interior.
The negotiations which preceded the decision of the Commission under the provisions of this
Regulation, as well as the implementation of this decision, the Commission may entrust
any cash of the Institute or any other body.
Of the resources referred to in § 1 shall be chargeable with up to 1% of administrative expenses,
arising out of the activities of the Commission and the other winding-up bodies.
The provisions of the final
Legal acts and official acts, necessary for the implementation of this regulation are
be exempt from taxes, fees and charges for official acts in matters of
section 16 of the
Courts, authorities, municipalities and other public authorities are required to
spolupůsobiti in the implementation of this regulation.
This Regulation shall enter into force on the date of the notice; performs is the Minister
in agreement with the ministry of the Interior, justice, finance, agriculture and
social and health administration.
Dr. Hacha in r.
Ing. Elias v. r.
Dr. Couturier in r. Dr. Kabir in r.
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Dr. Kalfus in r. Fly in r.
Dr. Prakash K in r.