109/1950.
Decree of the Minister of nutrition
of 26 March. July 1950
about the consolidation of the Decree of President of the Republic about the nationalization of some
enterprises of the food industry.
According to the article. (IV) Act No. 108/1950 Coll., which amends and supplements the provisions
on the nationalization of some businesses in the food industry, I declare in
the annex to the Decree of the President of the Republic, the full text of no. 101/1945 Coll., on
the nationalization of some businesses in the food industry, as is apparent from the
amended.
Ing. Jankovcová in r.
Annex
Decree of the President of the Republic
of 24 July 2003. October 1945, no. 101, Sb.
on the nationalization of some businesses in the food industry, as amended by
legislation to changing and supplementing them.
On the proposal of the Government and in agreement with the Slovak National Council establishes:
Section I.
The range of nationalization.
§ 1.
(1) the date of publication of this Decree, the znárodňují:
1. sugar factories and refineries, sugar
2. the industrial distilleries and alcohol refineries,
3. the breweries that issued in 1937, more than 150,000 hl of beer,
4. the mills with technical equipment for daily performance of at least 60 tonnes of grain
on the day of the beginning of the effectiveness of this Decree,
5. enterprises to manufacture artificial edible fats with more than 150 employees
State diameter to days 1. January 1938-1940,
6. undertakings for the production of chocolate and sweets with more than 500 employees
State diameter to days 1. January 1938 to 1940.
(2) for the enterprises of industrial sectors referred to in paragraph 1 No. 5 and 6,
that were not in use at all times, based on the average number of employees
taken as a basis for the nationalization of the average State decides the dates 1.
January the last two years these periods, if the operation of the undertaking did not so much
for a long time, the status of employees 1. January 1940; the undertaking, which was not even in the
This day in operation, decide on the date of the beginning of employee status
the effectiveness of this Decree. The number of employees at the relevant times the
Retrieves the status of reporting of public social insurance carriers.
(3) the provisions of this Decree shall not apply to:
and to undertakings) are the property of the communities of income and
economic, established under law No. 70/1873.,
the communities of income and economic, in Slovakia, in the ownership of the
cooperatives established under § § 223 et seq.. Cust. article. XXXVII/1875, about
commercial law, and are directly operated by them, with the exception of enterprises,
designated by the Minister of nutrition, in agreement with the Central Council of trade unions, the Central
the Council of the farmers in the Czech Republic and the Central Council of cooperatives;
(b)) on businesses that Minister of nutrition in agreement with the ministry of finance and
agriculture excludes from nationalization, as their owners
(operators) at the same time arrange that is permanently stopped, because
the Government concluded that their operation is not in the public interest.
(4) the conditions are fulfilled for nationalization pursuant to this
the Decree, decisions of the Minister of nutrition.
§ 2.
(Repealed by article 1(1). (II) No 3 of Act No. 115/1948 Coll.)
§ 3.
Zakládati new businesses and do regardless of their range in the
nationalised industries pursuant to § 1 (1). 1 No 1 and 2 shall be reserved to the State.
This right, the Government may, on a proposal of the Minister of nutrition, make out.
§ 4.
(1) the State shall take ownership of the nationalisation of the znárodněnému property.
(2) Nationalization concerns:
and real estate, buildings), equipment, bearings and raw materials,
(b) undertakings including accessories) in it all, and the right of chattel
(license, license, trademarks, patterns, water rights, etc.),
bills of Exchange, securities, passbook, cash and accounts receivable,
(c)) other chattels and rights than those accessories business.
(3) the property referred to in paragraph 2, the nationalization refers to email or
If the intended operation of the nationalised company, even if it belongs to someone else
than the owner of the company. Patents and stocks, in particular raw materials, auxiliary and
performing materials, semi-finished products, semi-finished and finished products,
nationalization concerns only, if the owner or operator of a nationalised
of the business.
(4) together with the company znárodňují to the extent arising out of the provisions of the
paragraphs 2 and 3:
and) all manufacturing companies and factories belonging to the owner or
the operator of nationalised firm, unless the Minister of nutrition in agreement with the
factually competent Minister provides otherwise in individual cases,
(b)) all the undertakings and establishments that make up the znárodněným with the firm
economic whole, even if it belongs to someone other than the owner of the
nationalised company.
(5) belongs to the nationalized company limited partnership shares,
the joint stock company or limited company obmezeným, nationalizing the
all of their assets, as well as the same extent enterprises group,
that is more than half of the share capital or to
which have a decisive influence.
(6) the Minister may vyjmouti of the nationalization of the nutrition of the individual property
pieces, property files, or rights, if it is not strictly necessary to
the operation of the national enterprise, and ponechati is the past owner,
You may also uložiti conditions, in particular the condition that the
the deadline for the benefit of national enterprise shall establish a servitude or
the right of use.
(7) on the scope of the nationalization in accordance with paragraphs 2 to 5 shall be decided by the Minister of
nutrition. To ascertain the extent of the nationalization of the proceedings does not apply the provisions of
Decree-Law No 8/1928 Coll., on proceedings in cases belonging to the
the scope of the political authorities (administrative proceedings).
Section 4a.
If the scope of the Minister of nutrition to the assets nationalised by
This Decree shall not apply to the establishment of a national company or to the inclusion of
Enterprise, or if such things will not be entrusted to a management
authorities in the field of nutrition, the Minister may remit such property in the
in agreement with the Minister of finance and Minister of převésti in another jurisdiction
This Minister, he has taken in its own scope
the scope of the, or it may přenechati municipal undertakings or for the
compensation determined under section 7 of the přenechati to other legal persons.
§ 5.
(1) national enterprise, which integrates the assets of nationalized
the undertaking shall enter on the day of taking over in its commitments. Be incorporated if the property
several national companies, shall designate the Minister of nutrition, to which commitments
Enter the individual national companies.
(2) the Minister shall determine, in agreement with the nutrition of the Minister of finance that the obligations
the company shall pass the conferring of nationalised assets nationalised
business administration authorities in the field of its competence, and that the date of receipt
asset.
(3) national enterprise, which incorporates the property nationalized under § 4
paragraph. 3 (a). 4 (b). (b)), which had belonged to someone other than the owner of the
the undertaking shall enter into obligations arising from the rights of váznoucích on this
the property, to the extent and under the conditions that the Government Regulation. In
This regulation will also be modified to move such obligations if
assets entrusted to the management authorities in the field of competence of the Minister of nutrition
or under Section 4a of the transferred to the jurisdiction of another Minister or left
municipal companies or other legal persons.
(4) the Minister of nutrition may in agreement with the responsible Minister and
Minister of finance to do the transition measures obligations belonging to
znárodněnému assets that have been transferred under Section 4a of the responsibility of another
Minister or simply komunálnímu to an undertaking or other legal person.
(5) the obligations of the undertaking do not belong to the nationalised undertakings, pursuant to which the
the assets of the undertaking or of part of the cross after the date of the beginning of the effectiveness
This decree to the third person. For the obligations of the company is nationalized
as well as personal taxes, levies and charges the former owner;
such commitments do not cross with the property that has been incorporated into national
the enterprise or administrative authorities entrusted in accordance with paragraph 2, or with whom it was
made or which has been transferred under Section 4a, or for
satisfy them of the assets of nationalized business. Personal taxes and benefits
means the tax allowance, pension, war tax rentová directly
levied, property tax pursuant to Decree-Law No 410/1942 Coll.
property benefits under law No 134/1946 Coll., on dose of securities
increment and a levy on property, and extraordinary benefits under law No.
185/1946 Coll., on an exceptional and extraordinary single dose dose of
excessive additions to property, as amended by Act No. 180/1948 Coll. Way
payment of personal taxes and benefits provides for the Ministry of finance
the decree in the Official Gazette.
(6) for liabilities that are economically unjustified, figuring in it
obligations of the service contracts, guaranteeing employees a disproportionately high
salaries, provident benefits, surrender and, may the national enterprise
domáhati revocation or other reasonable accommodation. If there is no agreement about it,
the arbitral tribunal shall decide according to the rules about how issued. The provisions of sentences
the first and second also shall apply mutatis mutandis, with respect to the obligations that are transferred to
conferring of nationalised assets to the management of the authorities referred to in paragraph 2, or
that are transferred in accordance with paragraph 4.
(7) if the measure to the administration of the assets of nationalized confers on the
authorities in the field of competence of the Minister or another Minister of nutrition,
It does nothing else, will not be liable for the obligations of the State nationalised the company nor
When it comes to modify obligations under section 5a.
§ 5a.
(1) if the assets of the nationalised company on the date of the takeover of overindebted, the
National Enterprise požádati Court to the above General asset prices
předluženého assets of the undertaking on the date of the takeover of the satisfaction of the modified commitments
belonging to this property and determine their maturity, přihlížeje to
the economic possibilities of the national company. This applies mutatis mutandis to
municipal company or other legal entity, to whom the assets were
nationalised the company transferred pursuant to Section 4a.
(2) creditors are required to, at the invitation of the Court decree in the relevant
the Official Gazette, within a period laid down by the Court of přihlásiti his claims to control
on the proposal referred to in paragraph 1; If he fails to do so, their claims against
the national enterprise cease to exist.
(3) the adjustment referred to in paragraph 1 shall be carried out as follows:
and remain intact) liabilities arising from claims of creditors of the
the exclusion of things out of proportion to the assets, if such claims did not crumble
the nationalization;
(b)) remain intact whether or not commitments resulting from claims by creditors,
having a right to separate satisfaction of certain things, if they are covered by
the value of this stuff;
(c)) other Payables, which in turn owned by them [d])
will not be fully covered by the difference between the general price of assets nationalised
the company and the value of the obligations under the provisions of subparagraph (a). a) and b)
remain untouched, quite satisfied. For such commitments
consider also the undertakings referred to in (b). (b)), if they are not covered
way there referred to;
(d)) the obligations which are subject to the provisions of subparagraph (a). (c)), are to be classified according to
the order of the four classes. To the first class belong to the costs of the proceedings, to the second to
the fourth belong to the commitments under the equivalent of bankruptcy proceedings are payable
the first to third grade. Obligations of the same class have the same
the order.
(4) if the obligations under the order it will not be met them
by modifying the provided for in paragraph 3, does not act against the national undertaking. Edit
the obligations referred to in paragraph 3 of the Act only against the national undertaking.
(5) a Law will be issued detailed rules on the jurisdiction of the Court,
proceedings referred to in the preceding paragraphs, about its effects on the limitation
claims, disputes, enforcement and bankruptcy proceedings and the right to
separate satisfaction and on the way to finding the claims of creditors.
§ 6.
(1) national business can odporovati legal actions that have done
the owner of the nationalised company, after 29. August 1944, intend to poškoditi or
ztížiti nationalization of industry or dragging in your or someone else's benefit
the assets of the business.
(2) Odporovati can be used within a year of taking over a business. Otherwise, it applies
apply the provisions of odpůrčího of the order, issued by law no 64/1931 Sb.
Section II.
§ 7.
The provisions of § § 7 to 11 and sections 37, 38, 40, 41 and 43 to § § 47 of the Decree No.
100/1945 Coll., as amended by law to changing and supplementing pay
mutatis mutandis to the case provided for in this Decree, where according to the
the provisions just referred to is determined by the scope of the Minister of industry
It is for such an application to the Minister of nutrition.
Section III.
(This section has been repealed article. The No. 11 of Act No. 108/1950
SB.)
Section IV.
(This section has been repealed article. The No. 11 of Act No. 108/1950
SB.)
Note:
From section 24 of the Decree No. 101/1945 Coll., which was in the original version of the Decree §
25, from article. VIII of Act No. 115/1948 Coll. and from article. In paragraph 1(b). 2 of law No.
108/1950 under these initial days of the effectiveness of individual
the provisions of the present text of the Decree:
and on 27 October 2001). October 1945 became effective the provisions of § 1 (1). 1 to 3 and
sections 3 to 6,
b) on January 1. July 1950 became effective the provisions of § 1 (1). 4 and § 7.
The provisions of the Decree, whose current wording of Act No. 108/1950
Coll., nutrition and Finance Ministers, in agreement with the participating members
the Government.
