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EN
The paper contains the synthesis of reprivatization concepts introduced in East Germany, the Czech Republic, Hungary and Bulgaria. The selection of the countries which have undergone the process in their own specific ways, allows for a wider scope of comparison and at the same time lets the author to omit legal solutions adopted by other countries. The study concentrates on comparison of three main legal aspects of reprivatization regulations: the objective and subjective scopes and adopted forms of realization of the process with the special attention on natural restitution and its limitations. The basic conclusion of the paper points at the lack of full reprivatization in each of the mentioned countries. A wide range of exclusions and restrictions as well as a variety of adopted realization methods were meant to guarantee the security of individualistic social, financial and economic interests. Therefore, the hypothesis of implementing one common concept of reprivatization by all countries is immediately discredited. The possibility of working out 'the best' reprivatization method also seems doubtful.
EN
The author tries to compare effects of termination and invalidity in civil and commercial law, in particular with regard to two fundamental issues: the effect of termination and invalidity on duration of contractual rights and obligations and on duration of secondary claims resulting from the contract. Also by means of comparative research she seeks for a unified interpretative approach for both civil and commercial effects of termination and she prefers an interpretation which does not result in an inappropriate disadvantage of creditor’s position in the restitution phase of the contract. The author also tries to analyse mutual coherence between contractual secondary claims and statutory restitution provisions. Lastly, she deals with possibility of contractual disposition with restitution rules in both civil and commercial law.
EN
The history of the Czechoslovak monetary gold began to be written at the end of the 1930s at the time of the mutilation and break-up of the Czechoslovak Republic. The gold was forcibly and illegally seized by Nazi Germany. At the end of the Second World War, the American army of occupation found it in salt mines at Merkers in Germany with gold from other countries. It was only in 1982 that an adequate part was returned to the vaults of the State Bank of Czechoslovakia in Prague. Soon after the Second World War, the USA, Great Britain and France established the Tripartite Commission for the Restitution of Monetary Gold on the basis of decisions by the Paris Reparations Conference. Its task was to secure the just and proportional return of recovered gold to all the affected countries including Czechoslovakia. During the following decades of the Cold War, gold was a regular subject of conflict, dispute and negotiations, especially between Washington and Prague. The agreements reached were cancelled by one side or the other, and they repeatedly went back to the beginning. This study is directed towards the period 1980–1981, when the United States Congress significantly intervened in the question of the return of the Czechoslovak gold.
EN
This study maps the state of Jewish monuments and buildings after the Shoah. A number of synagogues and cemeteries in the border region had already been destroyed during the so-called Crystal Night and in the years of existence of the Reich’s Sudeten region. The Jewish monuments and buildings were also devastated on the territory of the Protectorate, where Jewish property was confiscated. After the liberation, it was impossible to solve the problem of the dismal state of the monuments and buildings. The catastrophic situation was made worse by the policy of so-called public interest, which the state organs had already begun to apply during the so-called natural restitutions from 1946 to 1948. After the February Revolution came a phase of open expropriation of church property and property of religious communities. The undignified exploitation of synagogues, devastation and also abolition of Jewish cemeteries and seizure of Jewish real estate continued. By symbolic recodification of meaning and through the physical disappearance of a number of Jewish monuments and buildings from the public space, the last evidences of the multi-cultural of the pre-war Czech space were disappearing. This paper analyses the mechanisms of power, its modes of argumentation, and minority attempts at defence.
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