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46023Re: [Czechlist] Mystery brother?

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  • Josef Hlavac
    Apr 29, 2011
      Hi Charlie,

      I'm 99% certain that it is 2.

      Mr. AB is a brother of Ms. CB, and since AB was able to participate in
      the restitution proceedings while CB could not because of her US
      citizenship, AB received back the whole estate of his (their) father. AB
      then recognized that it was actually not quite fair and gave a third of
      the proceeds from the sale of the said estate to CB.

      One thing that speaks strongly against 1 is that AB paid 1/3 of the
      proceeds from the sale of the said property. Therefore, AB must have
      received those proceeds, therefore AB has owned the property, and
      therefore AB is that brother who received the property back. (Well, you
      could force this chain of reasoning to break but I still think that the
      case for 2 is sufficiently strong.)

      HTH,
      Josef

      On 29.4.2011 20:04, "Charlie Stanford Translations" wrote:
      > Hello listmates,
      > Hopefully this will be blushmakingly obvious but I just need to check that I have not got the wrong end of the stick on something:
      >
      > Pan AB uznal moralni pravo na cast majetku po svem otci pi CB, ktera nemohla byt podle zakonu Ceske republiky ucastna restitucniho rizeni, jako jeji bratr, pro americkou statni prislusnost a z tohoto duvodu ji pan AB vyplatil 1/3 castky ziskane z prodeje vyse uvedenych nemovitosti.
      >
      >
      >
      > My problem is the jako jeji bratr - because to my mind it could mean that
      >
      > 1. jako jeji bratr nemohla byt ucastna .... - i.e. although Pan AB was entitled to restitution there is another brother who was not entitled to participate either
      >
      > 2. nemohla byt ucastna jako jeji bratr - she could not be ucastna jako jeji bratr [byl ucastnen].
      >
      >
      >
      > I am pretty sure that it must be 2 but is there any way of being completely certain without asking her how many brothers she has got?
      >
      > Thank you.
      >
      > Charlie
      >
      >
      > [Non-text portions of this message have been removed]
      >
      >
      >
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