Confiscatory Decrees of the President of the Republic. The controversy over the interpretation as an Expression of Continuity and Discontinuity

The paper is dealing with both contemporary and new assessment of confiscatory decrees No. 12 and 108/1945 Coll. There are two major approaches: the first one can be denominated as “national“, the other as “democratical“. The approaches differ from each other by interpretation of confiscation (punishment or administrative measure), nationality as a prerequisite for confiscation (collective guilt or responsibility), relation of confiscation and reparation (problem of recompense), continuity or discontinuity with pre-war era, etc. Both approaches are present in contemporary situation and can be identified with politicians, lawyers or courts. The “national“ one is more corresponding to the wording of the decrees, opinion of communists and especially minister Ďuriš. The “democratic“ one reflects the ideas of president Beneš and is reflected in decisions of The Constitutional Court. Both approaches were influencing each other in the post-war application, especially the “national“ one was modified and moderated by the “democratic“ one.