English Translation

La TApeTToynu EA can therefore be acquired by, for example, a person who moves to a city with the will to settle there permanently on the day of the arrival. This regulation has all the advantages and disadvantages of an elastic definition. . It allows, on the one hand, that, regardless of a fixed period of stay, more account can be taken of the actual conditions, but on the other hand, in borderline cases the decision whether a person has actually acquired the habitual residence - especially the subjective moment: The intention to settle for a longer period of time is very difficult and has led to a comprehensive, often casusistic jurisprudence in the Old Kingdom. In any case, the regulation adopted in the Old Kingdom in the interests of rural communities means a considerable increase in the burden on cities with large influxes from the countryside. It is supplemented by the provision that, in order to provide care for persons who are admitted from external communities to institutions, those communities in which these persons had the last habitual residence remain responsible. Thus, the concept of home jurisdiction is completely eliminated from the German right of care. According to my opinion, therefore, in the given case only an amendment of the statutes for the admission to the Masaryk-home would be possible in the sense that Germans can be admitted already after one year's stay in Prague. The introduction of the German right of care for members of the Reich can only take place as a whole, since it means a fundamental change. 56986 MAT