On The Compensation Of Settlers On The Territory Of The Former Czecho-Slovak Republic

Original Language Title: o odškodnění osadníků na území bývalé Česko-Slovenské republiky

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=9693&nr=317~2F1941~20Sb.&ft=txt

317/1941.



Government Regulation



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:



Basic provisions



§ 1



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.



§ 2



(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

odstěhovati.



(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.



§ 3



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



§ 4



(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.



§ 5



(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

the claim.



(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.



§ 6



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

his assets.



§ 8



(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

transferred.



(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

Receivables



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

the law,



(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.



§ 9



(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.



§ 10



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.



§ 11



(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

bankruptcy.



The Commission for the compensation of settlers from Hungary



§ 12



(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

Honorary.



(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.



section 13



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.



§ 14



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



§ 15



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

administrative.



section 16 of the



Courts, authorities, municipalities and other public authorities are required to

spolupůsobiti in the implementation of this regulation.



§ 17



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.

Hedgehog in the r. Dr. Jackie K in r.

Dr. Kalfus in r. Fly in r.

Dr. Prakash K in r.