Appendix 10
Edict of the President of the Republic, dated May 19, 1945
Concerning the Invalidity of Transactions Involving Property Rights from the Time of the
Oppression and Concerning the National Administration of Property Assets of Germans,
Magyars, Traitors and Collaborators and of Certain Organizations and Associations
(Decree No. 5)
Upon proposition of the Government I decree:
§ 1
1. All transfers and transactions involving property rights, regardless
of whether they involve movable or immovable, public or private property, are
invalid provided that they have been made under the pressure of the occupation or
under the national, racial or political persecution after October 29, 1938.
2. The manner in which claims arising by virtue of the provision of
Subsection 1 shall be raised will be prescribed in a particular edict of the
President of the Republic, provided that it has not been prescribed in this
edict.
§ 2
1. The property of persons upon whom the country cannot place
reliance, being within the territory of the Czech Republic, will be placed under
national administration in accordance with the further provisions of this
edict.
2. Property transferred by such persons after October 29, 1938 shall
also be deemed to be property of persons upon whom the country cannot rely,
unless the person acquiring such property had no knowledge of the fact that
property of such nature was involved.
§ 3
All enterprises and all property assets shall be taken under national administration
wherever this is required in the interests of continuous production and
economic life. This applies especially to production plants and other enterprises
which have been deserted and to property assets relinquished or to such
facilities or such property assets which are in the possession of, or administered
by, or leased to persons upon whom the country cannot rely.
§ 4
The following shall be considered to be persons upon whom the country cannot
rely:
a) Persons of German or Magyar nationality,
b) Persons whose activities have been directed against the governmental
authority, independence,
integrity, democratic-republican system, security and strength of the
Czechoslovak Republic, who instigated such activities or tended to induce other
persons to take such actions, and intentionally supported the German and Magyar
occupiers in any manner whatsoever. As such supporters shall be considered, for
example: The members of Vlajka Rodobrana, the Advance Battalions of
the Hlinka-Guard, the leading officers of the Association for the Cooperation with
the Germans, of the Czech League against Bolshevism, of the Curatory for
Education of the Czech Youth, of the national Central Association of Employees,
of the Association for Agriculture and Forestry, of
the German-Slovak Association, and of other fascist organizations of similar
nature.
§ 5
Those juristic persons shall be deemed persons upon whom the country cannot
rely, whose administration has intentionally and knowingly served the Germans
or Magyars in carrying on the war, or has served fascist or Nazi purposes.
§ 6
As persons of German and Magyar nationality shall be considered those who on
the occasion of any census since 1929 acknowledged their German or Magyar
nationality or who became members of national groups or organizations or
political parties in which persons of German or Magyar nationality were
united.
§ 7
1. Competent to take property under national administration are:
a) in the case of financial institutions and enterprises, the
Zemský národní výbor (Provincial National
Committee), in Slovakia the Slowenská národní rada
(Slovak National Council),
b) with respect to mining enterprises in the districts, the competent
Okresní národní výbor (District National
Committee), with respect to central organs of the mining corporations the
competent Zemský národní výbor (Provincial
National Committee), in Slovakia the Slowenská národní
rada (Slovak National Council).
c) with respect to industrial, commercial and other business
enterprises:
aa) up to 20 employees, the
Místní národní výbor (Local National
Committee),
bb) from 21 up to 300 employees, the
Okresní národní výbor (District National
Committee),
cc) in case of a higher number of employees, the
Zemský národní výbor (Provincial National
Committee), in Slovakia the Slowenská národní rada
(Slovak National Council).
The normal business situation in the year 1943 shall be taken as basis for the
determination of the number of employees.
d) with respect to estates with agricultural an forest land:
aa) up to 50 hectares [123.6 acres], the
Místní národní výbor (Local National
Committee),
bb) from 50 hectares to 100 hectares [247
acres], the Okresní národní výbor (District
National Committee), in Slovakia the Slowenská národní
rada (Slovak National Council).
e) with respect to dwelling houses and sites, the Místní
národní výbor (Local National Committee), and in the
case that the value thereof exceeds the sum of 5
million Kčs, the Okresní národní
výbor (District National Committee).
f) with respect to any other estate:
aa) in the case the value thereof is less than
500,000 Kčs, the Místní
národní výbor (Local National Committee),
bb) in the case that the value thereof exceeds the
sum of
500,000 Kčs but is less than 5
million Kčs, the Okresní národní
výbor (District National Committee),
cc) if the value exceeds the sum of 5
million Kčs, the Zemský národní
výbor (Provincial National Committee), in Slovakia the
Slowenská národní rada (Slovak National Council).
g) In the event that the scope of activity of the enterprises and estates
as listed under a) to f) covers the whole territory of the country, then such
enterprises and estates shall be taken under administration by the competent
ministry.
2. In the event that the estimated value of the property listed under e)
and f) is in dispute once it is placed under national administration, then said value
shall be determined finally by a higher authority.
3. In communities and districts in which an administrative commission
or an administrative officer has been appointed in place of the
národní výbor (National Committee), the former are
competent to establish the national administration.
§ 8
1. A decision within the meaning of § 7 which relates to
enterprises listed in § 7 a), b), c), d), shall be rendered upon consent of
the works-council or of other representatives of the employees of the enterprises.
In the event that an agreement cannot be reached, then a higher authority shall
have the power of decision.
2. The decision concerning agricultural and forested estates of more
than 50 hectares shall be rendered upon hearing of the competent National
Committee.
§ 9
In emergency cases, especially if a deserted estate is involved or if persons the
country cannot rely on control the estate or the enterprise, the Okresní
národní výbor (District National Committee) is
authorized to appoint a temporary national custodian for the time until the
decision of the authority competent according to § 7 has been rendered,
even if it would not otherwise be competent to do so.
§ 10
1. The competent Zemský národní
výbor (Provincial National Committee), in Slovakia the
Slovenská národní rada (Slovak National Council), upon
hearing
the works-council, may modify ex officio the decision of the
Okresní národní výbor (District National
Committee) or of the Místní národní
výbor (Local National Committee) concerning the establishment of the
administration or the appointment of national custodians and take other measures,
if the public interest requires it.
2. The competent Zemský národní výbor
(Provincial National Committee), in Slovakia the Slovenská
národní rada (Slovak National Council), shall also take measures
to establish the national administration in cases where the Okresní or
Místní výbor (District or Local National Committee) has
been unable to do so.
§ 11
The national administration shall be terminated as soon as the reasons for its
establishment cease to exist. It shall be terminated by the authority by which it
was established.
§ 12
1. All co-operative enterprises and organizations (agricultural,
consumers and banking co-operatives etc.) shall be under temporary national
administration. Such temporary national administration shall secure the election
of a new leading organ within 4 weeks in addition to the proper operation of the
enterprise.
2. Those competent to place cooperatives under national administration
are: the Místní národní výbor (Local
National Committee) if the scope of their operation does not go beyond the local
area, the Okresní národní výbor (District National
Committee) if the scope of their operations goes beyond the local area but does
not exceed the district area, and the Zemský národní
výbor (Provincial National
Committee) - in Slovakia the Slovenská národní rada
(Slovak National
Council) - with respect to any other cooperatives.
3. Before the cooperatives are placed under temporary national
administration, their members shall be heard, if possible.
4. The temporary national administration shall be terminated as soon as
the members of the cooperative have elected a new administrative organ.
§ 13
The competent Zemský národní výbor (Provincial
National
Committee) - in Slovakia the Slovenská národní rada
(Slovak National
Council) - may also place business institutions, economic, cultural and interested
organisations and institutions under national administration, for good reasons
shown.
§ 14
1. The decision concerning the imposition and release from national
administration, and the appointment of the national custodian and the
cancellation thereof, shall be announced in writing.
2. A copy of the decision shall be forwarded to the Zemský
národní výbor (Provincial National Committee), in
Slovakia to the Slovenská národní rada (Slovak National
Council).
§ 15
The decision according to §14 is carried out ex officio:
a) with respect to immovable property, by the competent court, which
has to make the entries in the land register evidencing the placing under national
administration,
b) with respect to mining rights, by the competent court or office, which
shall make the entries in the mineral land registers or records evidencing the
placing under national administration,
c) with respect to enterprises (business institutions) registered in the
commercial register, or in Slovakia by the firms register, by the competent court,
which shall make the entries evidencing their placing under national
administration.
§ 16
1. A national custodian can only be a person who is possessed of high
moral standards, upon whom the country can rely, and who has the necessary
training and practical knowledge.
2. As a rule persons shall not be appointed national custodians who are
debtors or creditors of the enterprise (business institution) or property unless the
authority competent according to § 7 decides otherwise, for good reason
given.
3. As a rule the national administration shall consist of competent
employees of the business institution concerned.
4. A member of the Národní výbor (National
Committee) competent according to § 7 shall not be appointed national
custodian.
§ 17
1. In cases of smaller properties, small enterprises, small factories and
similar objects a single national custodian may be appointed for several
enterprises or properties.
2. If the extent of the national administration requires it, the authority
competent according to § 7 may appoint
a five-man commission national custodian which shall manage the administration
in accordance with the majority principle.
§ 18
Upon their assumption of office the national custodians shall take an oath before
the authority competent according to § 7 that they will perform their duties
accurately and with the diligence of a prudent manager in accordance with
economic, national and other interests.
§ 19
In the performance of their functions the national custodians have the position of
public authorities within the meaning of § 68 of the Criminal Code of May
27, 1852, No. 117 R.G.Bl., § 461 of the Law, Article V/1878 and § 5 of
the Law, Article XI/1914.
§ 20
1. Legal transactions of the owners, possessors and managers of
properties subject to national administration, which affect the substance of such
properties and have been carried out after this Edict had become effective, are
invalid.
2. It is the duty of the owners, possessors and managers of properties
placed under national administration, not to interfere with the transactions of the
national custodians.
§ 21
The national custodian administers the property placed under national
administration and has the right and the duty to engage in all transactions
necessary for its normal conduct of business. It is his duty to act with the
diligence and care of a prudent manager and he shall be liable for damage
resulting from negligence in the performance of his duties.
§ 22
1. The national custodian has the duty to give account to the authority
competent according to § 7 with respect to his management, at such times as
determined by such authority, and to provide necessary information or
explanations requested at any time.
2. Transactions of the national custodian which are not incidental to the
normal conduct of business, as well as transactions of particular importance,
leases, negotiation of loans, mortgages, liquidations and similar transactions
require approval in advance by the authority competent according to § 7.
3. The authority competent according to § 7 supervises the
management of the national custodian.
4. It is the duty of the national custodian to follow the rules which have
been established for him by the authority competent according to § 7 or by
the superior of the Zemský národní
výbor (Provincial National Committee), or by the Slovenská
národní rada (Slovak National Council) in Slovakia, or by the
competent Ministry in cases where the activities of the enterprise (business
institution) extend to the whole country.
§ 23
The national custodian is entitled to be reimbursed for expenses incurred and to a
compensation the amount of which shall be fixed by the authority competent
according to § 7. These expenditures shall be charged against the property
placed under administration.
§ 24
1. Property placed under national administration which was owned by
workers, farmers, tradesmen, owners of small
and medium-sized enterprises, officials, by persons who have a liberal profession
and persons in a similar social position and which property has been lost by them
in consequence of national, political or racial persecution shall be released from
the national administration and be returned immediately to the former owners or
their heirs provided that they are not persons referred to under § 4.
2. Persons referred to under § 4 Subsection a), provided that they
are workers, farmers, tradesmen, owners of small
or medium-sized enterprises, officials or have a liberal profession, and persons in
a similar social position, or their heirs, may also request the release of their
property from the national administration and the return thereof to them, provided
that they offer sufficient proof that they have been victims of political or racial
persecution and that they have adhered faithfully to
the democratic-republican system of the Czechoslovak Republic.
3. Decisions on such requests are rendered by the authority competent
according to § 7.
4. Any other property confiscated remains under national administration
pending the enactment of new laws.
§ 25
1. Appeal against the decision of the Místní
národní výbor (Local National Committee) may be filed
with the Okresní národní výbor (District National
Committee) which renders the final decision.
2. Appeal against the decision of the Okresní
národní výbor (District National Committee) rendered by
the latter as first instance may be filed with the Zemský
národní výbor (Provincial National Committee), or with
the Slovenská národní rada (Slovak National Council) in
Slovakia.
3. An appeal shall have no dilatory effect.
§ 26
a) Whoever violates or evades the provisions of this edict, especially
anyone who interferes with or makes impossible the authorized transactions of a
national custodian, or
b) a national custodian who intentionally or by reason of gross
negligence violates any of the duties imposed upon him under the aforegoing
provisions,
shall be punished by imprisonment not to exceed 5 years and by a fine not to
exceed 10
million Kčs, and his property shall be ordered confiscated
in whole or in part if the circumstances call for it, provided that the act does not
constitute an offense subject to more severe punishment.
§ 27
The Government shall be authorized to allot the financial means required for the
operation of the enterprises (business institutions) placed under national
administration provided that such operation is necessary and in the interests of the
economy.
§ 28
1. This edict shall become effective on the day of its publication.
2. It will be carried out by the Government.
[signed:]
Dr. Eduard Beneš Zd. Fierlinger
Gottwald, Srámek, David, Ján Ursíny, Siroký,
Václ.
Nosek, Dr. V. Srobár, Pietor, Dr. H. Ripka, J. Duris, Dr. Soltész,
A.
Procházka, Svoboda, Nejedlý, gen. Hasal, Frant. Hála, J.
Stránský, V. Majer, B. Lausman, Dr. V. Clementis, téz za
min. J.
Masaryka, gen. Dr. Ferjencik, J. Lichner
Documents on the Expulsion of the Sudeten
Germans
Survivors speak out
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