the nationality of all inhabitants of the czech provinces and ...

Chapter VII The Transfer and its Legal Aspects
Among these, for example, were those
who became members of legislative
authorities, were judges or high state
officials, officers or non-commissioned
officers of the enemy forces, members of
Nazi party organisations or movements,
leading business managers of German
enterprises or members of the
Sudetendeutscher Freikorps. State
citizenship could not be restored to
persons who had made public speeches
against the Czechoslovak state, who had
been decorated or on whom honours had
been bestowed “given by the enemy state
or an enemy institution”, and also not to
those “who in any way whatsoever cooperated
with the enemy” or “profited or
tried to profit economically or financially
for themselves or for persons related to
them from the state of affairs resulting
from the occupation of Czechoslovak
territory by enemy forces.”
For the purposes of these decrees,
married women and minors were judged
separately. Applications for the
restoration of Czechoslovak citizenship
by the wives and children of
Czechoslovak citizens were, according to
the decree, to be judged generously and
they were to be considered Czechoslovak
citizens pending a decision about their
application. The period of time for
submission of applications to the District
National Committee for the return of
Czechoslovak citizenship was set from
October 10, 1945, to February 10, 1946.
This decree also punished through loss
of citizenship those Czechs, Slovaks and
subjects of other Slav nations who, in the
time of increased peril to the Republic,
applied for German or Hungarian state
nationality without being forced by
pressure or special circumstances. In
these cases, the loss of citizenship
applied even for any “voluntary
application for German or Hungarian
nationality”, including submission for
recognition, admission or registration in
a so-called national list. National
Committees, which had to play a key
role during the application of the decree,
were to take into consideration “the
methods and opinions of the occupying
forces” which were frequently imposed
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on Czechs and Slovaks who did not wish
to become Germans or Hungarians
voluntarily, or who, for example as
children, had no power to prevent it.
Some of the proceedings reached the
Supreme Court which in this context
issued several important rulings.
The following decrees particularly
concerned exactions on the assets of
persons of German and Hungarian
nationality:
- Decree 5/1945 Coll., of May 19,
1945, declared invalid certain property
dealings from the time of loss of
freedom, and decreed national
administration of the property of
Germans, Hungarians, traitors and
collaborators, and of certain
organisations and institutions.
- Decree 12/1945 Coll., of July 21,
1945, ordered the confiscation and
expeditious division of the agricultural
property of Germans, Hungarians,
traitors and enemies of the Czech and
Slovak nations.
- Decree 28/1945 Coll., of July 20,
1945, provided for the agricultural
property of Germans, Hungarians and
other enemies of the state, to be
occupied by Czech, Slovak and other
Slavic farmers.
- Decrees 100-103/1945 Coll., of
October 24, 1945 on nationalisations.
- Decree 108/1945 Coll., of October 25,
1945, concerning the confiscation of
enemy property and the establishment of
National Regeneration Funds.
Presidential Decree No. 5/1945 Coll.,
of May 19, 1945, “concerning the
invalidity of certain property dealings
from the time of loss of freedom, and
concerning the national administration
of the property of Germans, Hungarians,
traitors and collaborators, and certain
organisations and institutions” declared
that property transfers and deals
involving moveable and fixed assets, and
both public and private property, were
invalid if they had been concluded after
September 29, 1938, “under pressure of
occupation, or national, racial or political
persecution.” This principle was based on
the declaration agreed between the Allies
on January 5, 1943, concerning