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Presidential decree no. 5
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 Collaborationists and of
Certain Organizations and Associations
Upon proposition of the Government I decree:
Article I
1. All transfers and transactions involving property rights regardless of
whether they involvemovable 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 politic 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.
Article 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.
Article 3
All enterprises and all property assets shall be taken under national administration wherever this is required in the interest of continuous production and economic life. This applies especially to production
plants and other enteiprises which have been deserted and to property
assets relinquished or to such facilities or such property assets which
are in the possession of, or administrated by, or leased to persons upon whom the country cannot rely.
Article 4
As persons the country cannot rely on shall be considered:
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 Batalllons of the Hlinka-Guard, the leading officers of the
Association for Cooperation with the Germans, of the Czech League
against Bolshevism, of the Curatory for Education of the Czech Youth,
of the Slovak-Catholic Hlinka party, of the Hlinka-Guard, of the Hlinka
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.
Article 5
Those juristic persons shall be deemed as persons upon the country
cannot rely, whose administration has served intentionally and knowingly
the Germans or Magyars in carrying on the war or has served fascist or Nazi purposes.
Article 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.
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