219/2000 Sb.
LAW
of 27 June. June 2000
on the property of the Czech Republic and its performance in legal relations
Change: 492/2000 Sb.
Change: 229/2001 Sb.
Change: 501/2001 Sb.
Change: 320/2001 Coll.
Change: 280/2002 Coll.
Change: 202/2002 Sb.
Change: 476/2002 Coll. 88/2003 Coll.
Change: 480/2003 Coll.
Change: 354/2003 Coll.
Change: 218/2004 Sb.
Change: 41/2004 Sb.
Change: 217/2005 Sb.
Change: 359/2005 Sb.
Modified: 22/2006 Sb.
Change: 140/2006 Sb.
Change: 342/2006 Sb.
Change: 296/2007 Sb.
Change: 139/2008 Sb.
Change: 274/2008 Coll., 457/2008 Sb.
Change: 153/2009 Sb.
Change: 227/2009 Sb.
Change: 239/2012 Sb.
Change: 457/2011 Coll., 18/2012 Coll., 407/2012 Sb, Sb 503/2012.
Change: 311/2013 Sb.
Change: 86/2015 Sb.
Change: 320/2015 Sb, Sb 375/2015.
Change: 51/2016 Coll. (part)
Change: 51/2016 Sb.
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
GENERAL PROVISIONS
§ 1
This law regulates the procedure and conditions for the management of the property of the Czech
Republic (hereinafter referred to as "the State"), exiting the State in legal relations,
as well as the position, the establishment and the demise of the organizational components of the State.
§ 2
(1) the management of State assets shall be governed by this law and the scope of the
This law cannot be limited or excluded by agreement of the parties, if the Special
legislation, ^ 2) famous for the international treaty, which is the Czech
Republic is bound, or the generally recognized rules of international law
provides otherwise.
(2) this Act does not apply to the operations and procedures of the competent authorities,
If the result of a criminal, civil, administrative, or other similar proceedings
or they propose and approve the legislation.
Organizational folder State
§ 3
(1) the branches of the State (hereinafter referred to as "the Organization") are
ministries and other administrative authorities of the State of ^ 5), Constitutional Court, courts, State
the Prosecutor's Office, the Supreme Audit Office, Office of the President of the Republic,
Office of the Government of the Czech Republic, the Office of the Ombudsman, the Academy
of Sciences of the Czech Republic, grant agency of the Czech Republic and other devices,
that it provides for specific legislation or this Act (section 51);
a similar status as the State has an Office of the
the Chamber of Deputies and the Senate Office.
(2) organizational component is not a legal person. This is without prejudice to its
the scope of the subject or the performance of the activities under the specific legal
legislation and its conduct in these cases is an act of the State.
(3) organizational component is the accounting unit, if so provided by the Special
legislation or this Act (section 4 and 51).
(4) the rules on the financing of the organizational components have a specific legal
provisions.
§ 4
(1) for the performance of tasks within its competence under the organizational folder can
This law for the State and the Ministry (hereinafter referred to as "the founder").
For these purposes, the founder of the State shall apply, which the competent
manage (section 9) he or other organizational part of it set up. To
the establishment of an organizational folder must be the prior consent of the Ministry of
Finance. On the establishment of measures, is decided by the founder (section 20), whose
provisioning is part of the Charter. This established the organizational folder is always
the accounting unit.
(2) the conditions for the submission of applications for prior consent referred to in paragraph 1 and
Essentials provisioning of the instrument implementing the organizational folder
legal prescription.
§ 5
(1) the Founder may decide measures (section 20) about changing the provisioning
of the Charter of the Organization of the folder and the related incremental changes in the
the subject of the activity, organisational arrangements and the extent of the assets
State to which it is appropriate to manage (section 9). It has yet to be
the transfer of part of the organizational folder to another organizational folder, you may
This change only relate to organisational units established in the same
the founder of the.
(2) organizational component, established under the provisions of section 4 shall cease on the expiry of the
the period for which it was established, or to those of the founder (section 20), which
decided on the abolition of the organizational folder. The rights and obligations of the State which
carries out organizational component, at the date of its demise, still carries on
the founder, if at the same time, decides that the exercise of these rights and obligations
takes other organisational set up by him. The founder also
decide on the treatment of the other property of the State, with which the business
the date of its demise the appropriate manage (section 9 and 11); If it fails to
so, the responsibility for the management of this property section
9.
(3) the establishment, changes and the demise of the organizational components established pursuant to the provisions of section
4 shall be notified in the official journal of the Czech Republic. The founder is
obliged to inform the Publisher of necessary information within one month of the date when the
to the creation, alteration or extinction of the organizational folder; the scope of the
the necessary data in the implementing regulation. The notice shall not apply,
If the organizational folder set up to ensure that the tasks associated with the
Defense and State security.
Section 5a
(1) the Founder of the business or organizational folders folder, which
zřizovatelskou carries out a function to the business folder, approve its
the financial statements drawn up to the balance sheet date.
(2) If the business does not have a folder of the founder and zřizovatelskou function
not exercising or other organizational folder, instruct the head of organizational
folder at least 3 persons approving the financial statements drawn up to
the balance sheet date.
Exiting the State in legal relations
§ 6
If the State acts as a participant of legal relations, is a legal
person.
section 7 of the
(1) A State is legally the head of organizational folder already, this legal
of the negotiations is concerned, if the specific legislation or this Act (section 28
paragraph. 2) provides otherwise. The Head Office of the Chamber of Deputies and
the head of the Office of the Senate can legally Act for the State with the consent of
the competent authority or the competent authority, the Chamber of deputies of the Senate.
(2) the head of the organizational folder may for certain legal acts in writing
entrust other employees of this business unit. For more
the staff of the organizational folder may become legally Act only in
range specified by the internal regulation of the organizational folder. Similarly,
Head of Office of the Chamber of Deputies shall proceed and Office Manager
The Senate.
PART THE SECOND
THE MANAGEMENT OF STATE ASSETS
§ 8
The assets of the State
(1) the property of the State (hereinafter referred to as "property") uses the State shall in particular
and) to perform its functions or in connection with the fulfilment of these functions,
(b)) to provide public interest activities or for the purpose of
the business.
(2) a special law stipulates that the things necessary for the assurance needs
the whole society, the development of the national economy and the public interest
may only be owned by the State. ^ 7)
The jurisdiction of the
§ 9
(1) management of certain property belongs to the organizational folder
that is the accounting unit and it needs to fulfil the functions of the State, or
other tasks within their competence or provided for the subject activity
where appropriate, the responsibility of the founders of the organizational folder, in the
connection with its termination (§ 5 paragraph 2) on another method of loading with
the property; This is without prejudice to the procedure under the provisions of § 19a section 19b paragraph. 1
and (3) and section 55b. Unless otherwise specified (section 20), appropriate organizational
the property also be treated, and it's ways and under the conditions referred to in
of this law.
(2) if doubts arise about the nationality of the organizational folder under
paragraph 1, removes the doubts on request or on its own
the initiative of the Ministry of Finance of its measures (section 20). They relate to
doubts also the jurisdiction of the Office of the Chamber of deputies or
The Office of the Senate, the Ministry of finance will issue these measures in agreement with the
the Chamber of deputies by the competent authority or the competent authority
The Senate. If in doubt, only the jurisdiction of the Office of the
The Chamber of Deputies and the Senate Office, removes those doubts on
request or on its own initiative, its measures (section 20) competent authority
The Chamber of Deputies.
(3) actions and decisions in the matters referred to in paragraph 2 does not fall within
the powers of the courts.
§ 10
With the property,
and which in its) acquisition by the State is not perceptible that the organizational folder
This is the responsibility of the management of the property,
(b)), which establishes that no organizational folder with him pursuant to this
Bill nehospodaří,
manages the organizational folder appropriate under the provisions of section 11; If it is not
unless provided otherwise below (section 20), these organizational folders with the owned also
handle, and it ways and under the conditions referred to in this law.
§ 11
(1) Management
and the responsibility of the Directorate-General of customs duties), if this is a property that
It fell to the State
1. in connection with the violation of the customs regulations or on the basis of these
regulations,
2. in connection with the violation of the legislation governing the management of the
excise duties or on the basis of these regulations,
3. loss or do I stop the product which is the subject of a consumer
taxes,
4. on the basis of the decision of the authority of the customs administration of the Czech Republic,
(b)) of radioactive waste is the responsibility of managing the storage of radioactive
waste, ^ 9)
(c)) with things from the sunken State decision of the authority of the financial administration of the Czech
Republic is the responsibility of The financial directorates,
(d)) with specimens of flora and fauna, regulated products from fur
seals and other individuals protected under the law on trafficking in
endangered species and individuals particularly protected species of plants and animals
and wild birds protected under the law on the protection of nature and the
the landscape, which consisted of the State is the responsibility of the Ministry of the environment,
(e)) with telecommunications and radiocommunications equipment, recording
technology, computer technology and means of transport, or sunken
zabranými in the criminal, misdemeanor and other similar proceedings, as well as with the
all weapons, ammunition, ammunition and explosives, with addictive
substances and precursors ^ 88) including facilities for their manufacture, with preparations
containing addictive substances and other dangerous substances ^ 89)
the responsibility of the Regional Police Directorate ^ 9a), in whose jurisdiction the
headquarters of the authority, which prevents the forfeiture or decided; If it is not
such authority, it belongs to the district police headquarters, in the ^ 9a)
the territorial scope of the thing is located.
(2) in other cases, the assets referred to in the provisions of section 10
manages the Office of the Government representation in property Affairs (hereinafter referred to as
"The authority"). ^ 15a) Establishes the organizational component referred to in paragraph 1, that
It is not appropriate to manage certain assets referred to in the provisions of section
10, shall inform such other organizational assets referred to in the
paragraph 1, or the Office. Where the Office finds, in the case of certain assets
referred to in the provisions of section 10 is the responsibility of the management of organizational folder
referred to in paragraph 1, it shall notify such assets this organization
folder.
(3) If the jurisdiction referred to in the preceding paragraphs cannot be determined, or
If in a particular case, given compelling reasons for change
the nationality of the organizational components referred to in paragraph 1 or 2, the,
If appropriate, change the jurisdiction of the Ministry of Finance on request or from the
its own initiative, its measures (art. 20); in the rare case it can be
jurisdiction and thus established an organizational folder other than those mentioned in paragraph 1
or 2. The provisions of section 9 (2). 2 and 3 shall apply mutatis mutandis.
The acquisition of assets
§ 12
(1) if the assets of the nabýván Treaty, the Treaty and must be written with the
manifestations of the will of the one document, even if that legislation
If you do not require the use of written forms or manifestations of the will of the
one document, does not preclude a law or the nature of the legal act,
where appropriate, the circumstances in which it occurs. Deed or other
contract free of charge transferred to the State property without specifying a
the appropriate organizational components (section 9), concludes the State organizational folder
the jurisdiction shall be determined in accordance with the provisions of section 11.
(2) the free transfer of material things which are real records in the land
real estate, with the exception of road land nabývaného due to changes
category or class of the infrastructure, as well as free transfer
the construction rights or equity investments in other companies than
stock in favor of the State require the approval of the Ministry of finance.
(3) for consideration, you can acquire only assets that meets the prerequisites
laid down in article 8 (2). 1 (a). and (b))) and the relevant
organizational folder (§ 9) will serve to ensure the performance of its
the scope of its activities or if it is not about acquisition in the public interest,
or property that is nabýván to ensure its efficient and effective
use for the needs of other organizational components in accordance with the provisions of section
19A and 19b paragraph §. 2 the first sentence or of an Exchange under the provisions of section 19 c
paragraph. 2 the second sentence.
(4) when the úplatném acquisition of assets price ^ 16) to negotiate only up to the amount
equal to the valuation of the asset according to a special legal
code ^ 17) and in the case of assets nabývaný abroad, only up to the amount
that is in a given place and time. In the public interest may
The Ministry of finance to give prior approval to negotiate higher prices. It
shall apply mutatis mutandis, if the assets at auction nabýván. ^ 17a)
(5) If the agreed price exceeds the amount allowable under paragraph 4 and
not on the acquisition of the assets in an auction ^ 17a) or abroad, is
the agreement on the price of the invalid to the extent of the difference by which the agreed price
the permissible amount exceeded. When acquiring assets subject to
public contracts awarded under special legislation, ^ 18)
paragraph 4 only if the contract is to be concluded on the basis of the
the result of the rules of procedure without publication.
(6) in the case of it's Founder set up an organizational folder can completely
or in part, to reserve the approval of the transfer of the material for immovable úplatném
things or rights of the construction in favour of the State. If the appropriate organizational
the founder, such approval may reserve the respect
the Central Administrative Office, and if it is not, the Ministry of finance.
(7) the Ministry may, with the prior consent of the Government in favor of the State
acquire securities for a consideration. Other organizational components in
to the State in return for payment or acquire securities or equity
in other companies than equity.
(8) the organizational folder cannot conclude a contract on the provision of things to
the use of the associated with the Treaty of the subsequent transfer of the matter to the
the ownership of the State. In order to purchase the material real abroad
for the missions it can be done only with the prior
the consent of the Ministry of finance. In the negotiation of the concession contract pursuant to
special legal regulation ^ 18a) with the first sentence and second sentence shall not apply.
§ 12a
(1) the organizational folders can use or enjoyment of the property, which is not
owned by the State, to negotiate only if this use or
consumption necessary for the performance of their scope of security or
activities, where appropriate, for the proper management of the property with which they are
competent to manage, and take only after the period strictly necessary.
(2) Arranged to use or consumption in accordance with paragraph 1 for consideration,
must not exceed the maximum amount of remuneration arising from the regulation
^ prices 44), if it is applied, and at the same time must not exceed an amount that is in the
the place and time. If the use or consumption of a particular
the assets necessary to ensure the security of the State, may
The Ministry of finance to give prior approval to negotiate a higher remuneration,
which, however, shall not exceed the highest amount resulting from the regulation
prices, if it is applied. The provisions of section 12(2). 5 in these cases
apply mutatis mutandis.
(3) does not preclude a special law, or in the case of assets in
abroad, the law of the contract governing the use of must or enjoyment
in accordance with paragraph 1, include arrangements that organizational folder
to terminate the contractual relationship.
section 13
(1) the State shall take the property also, ^ 19) on the basis of the law, inheritance,
by decision of the competent authority) and the 22 ^ ^ under an international treaty,
which State is bound, where applicable, on the basis of other facts
laid down by law.
(2) if it has to be for the acquisition of property by inheritance or by reference based
the jurisdiction of certain organizational components (section 9), must be in the profession
the heir to the State or to determine the State of the organizational odkazovníkem
folder explicitly marked. An inheritance contract organizational folder cannot
close.
(3) if there is no day of the acquisition of the assets by the State referred to in paragraph 1 directly,
It is the day of the acquisition of property by the State, it was the competent authority
been taken or when this was the acquisition by the competent authority
been confirmed, ^ 24) where appropriate, the date of the operative event, when validly
occurred. If you cannot even determine the decisive day as follows, it is the day when the
appropriate organizational component (section 11) took charge of the performance of obligations under the
of this law.
The basic obligations on management with assets
§ 14
(1) the assets must be used efficiently and economically to fulfil the functions of the State
and for the performance of specified activities; Another way you can use the assets or
dispose of them only under the conditions laid down by a special legal regulation
or this Act. Organizational folder acts to its
the property is not damaged by the negotiations and were not reduced his range and unjustifiably
the value or return on this asset.
(2) appropriate organisational assets in the accounts and leads performs
his inventory in accordance with special legislation, ^ 25) If this
the Act (section 15) or other specific legislation provides otherwise.
(3) the appropriate organizational component takes care of the preservation of the property and its
maintenance, and if it admits its nature, and its improvement or
reproduction. Protects it from damage, destruction, loss, theft
or misuse.
(4) appropriate organisational consistently uses all legal
in the application of resources and defend the rights of the State as an owner and when
protect assets against unauthorised interference claims in a timely manner and, in particular,
the right to compensation for damages, the right to the issue of unjust enrichment and
an inventory of the estate of the reservation, if the State called for an heir. Special
legislation may stipulate in which cases and under what conditions
in proceedings before courts and other authorities in matters relating to property
acts for the State other than the competent organizational folder.
(5) appropriate organizational folder continuously monitors whether borrowers in a timely and
properly carry out their debts, and, in particular, the timely application and enforcement of rights
the State ensures not to lapse or expire of such rights. If
special legislation provides otherwise, the calls from borrowers interest
delay and contractual penalties agreed.
(6) in the case of receivables, where the Act in favour of the State the debtor
special legal regulation or order the obligor to the competent authority without
proposal and failure to meet this payment obligation cannot affect
penalties under special legislation, requires the appropriate
organizational folder from the debtor, interest on arrears in the amount of a special
the law, which lays down the amount of interest on arrears in accordance with
of the civil code, if the interest on late payment in the aggregate exceed 5
USD.
(7) if the property for the appropriate organizational folder temporarily or
permanently displaced and odds and ends in writing the competent leaders decided
organizational folder, or in writing by authorized another leader
an employee of this organization folder, load up the appropriate organizational
the folder property of the ways and in accordance with this Act. For
unnecessary for these purposes, in particular, shall be considered as assets that exceeds the
appropriate organizational components, assets, leaving the State to whose
ceased to be in the public interest, or for the loss of assets, where appropriate,
obsolescence of their technical and functional features or for
disproportionate cost of operations cannot serve its purpose. For
useless is not property, for which the Office ensures its effective
and effective use of the needs of other organizational folders under the
the provisions of § 19a and 19b paragraph §. 2 the first sentence.
§ 14a
(1) there is hereby established a central register of administrative buildings, which
the operator is the Office of the Ministry of finance and the administrator. Central
registry administrative buildings is non-public information system,
that serves the Organization folders to the efficient and economical use of
and) buildings and other related immovable property or parts thereof in the
the ownership of the State, which are situated within its territory and which is used or
they serve for judicial, legislative, administrative and related activities in the
the performance of the functions of the State
b) buildings and other related immovable property or parts thereof on the
the territory of the State, which are not in his possession, but for the Court,
legislative, administrative and related activities in the framework of the implementation of the functions of the State
organisational components are used or consumed.
(2) organizational component provides the central registry
administrative buildings in a way that allows remote access to full and
true data about real matters referred to in paragraph 1 and of their
parts.
(3) a central register of administrative buildings and uses data from takes over
information system of cadastre and registry
territorial identification, addresses, and real estate. Organizational folder
in the central register of administrative buildings, only the data from the
These information systems cannot be obtained. The structure and scope of the data
kept in the central register of administrative buildings, the dates for the
their provision, as well as the scope and the conditions for sharing
the needs of the business, which provided the data, and other
organizational folder in the implementing legislation.
(4) changes in the use of property registered in the central register
administrative buildings and handling shall be made on the basis of the
the decision of the Minister or her authorized the Advisory and coordinating body
the Government. The Government will issue resolution status of this body and adjusted in
its terms of reference, composition and basic rules for his work and for
the preparation and submission of proposals on changes in the use of that asset and
on dealing with him. The decision of the Government or the designated authority referred to in
the first sentence not a substitute for legal or other proceedings under this Act.
(5) the provisions of paragraph 4 shall not apply in the case of assets, with which
the responsibility to manage the Office of the House of Commons, Office of the Senate
or the Constitutional Court; changes in the use of this property and the management of
It shall be made on the basis of the decision of the competent authority of the
the Chamber of Deputies, the Senate or the Constitutional Court.
section 14b
The Minister of defence, Minister of the Interior, the Director of the security information service,
Director of the Office for foreign relations and information, and the Director General
inspection of security forces can ensure security or
Defense of the State to decide, in which case the
the property to which it is appropriate to manage or that uses or benefits from
organizational folder, spearheaded by or that falls within their
scope, in the central register of administrative buildings and not
the provisions of § 14a shall not apply. Similarly, the Minister of finance, may decide
in relation to the assets with which it is competent to manage or that uses a
The Directorate-General of customs. This decision can in advance to reserve or
then change the Government.
§ 15
(1) the property referred to in the provisions of § 10 of the appropriate organizational unit (para.
11) determines and shall forthwith after such assets of the learned;
in the case of things that are recorded in the land register, at the same time
ensure that an entry in the land register. For the purposes of
the implementation record in the real estate cadastre is documents certifying
the jurisdiction of the organizational components of the Declaration of rights.
(2) the property referred to in paragraph 1 is not the subject of a decision referred to in
the provisions of § 14 paragraph. 7 and must be, without undue delay, to deploy
for organizational units, if the special nature of assets requires or
the need for security for the performance of their scope or
provided for the subject activity; the provisions of § 19, 19b and 19 c shall be in accordance with
the nature of the case shall apply mutatis mutandis. For the same reasons, or in the public
the interest can appropriate organizational component (section 11) leaving the assets
themselves. In other cases, the matter be transferred to the ownership of the Corporation
or of natural persons, rights and other assets shall be applied effectively cashing in at the
accordance with this law. The remaining assets, which showed no interest in
other business or legal or natural person, shall be disposed of
the procedure, which the implementing legislation. With the property that the State
acquired as a result of a court decision on the recognition and enforcement of a decision of another
the Member State of the European Union, which say the forfeiture or
prevents a property or its part ^ 28a), shall be disposed of in the manner laid down in the
special legislation ^ 28b).
(3) land, which are the property referred to in paragraph 1, and also forms the
agricultural soil Fund, appropriate organizational priority offers
The State Land Office; This does not apply in the case of land constituting the
a functional unit with the residential and economic buildings, and other
buildings that are not used in agricultural and forest production or with her
the related water management. Unless the State Land Office
the offer within 30 days of its delivery, has offered the land
interest in and to the subsequent acceptance of the offer shall be disregarded. The appropriate
organizational folder, proceed in accordance with paragraph 2.
(4) the Assets referred to in paragraph 1, the relevant organisational results (section 11)
operational records in a manner and under conditions which the implementing
legislation, and until the final disposition of assets; This is not a
without prejudice to the procedure referred to in article 14(2). 2, if it is a real and
pecuniary claims. If appropriate organizational folder's property
with each other under paragraph 2, second sentence, or if her assets
load up the ultimate way to 2 years after, when she began to perform the tasks referred to in
paragraph 1, operational records and proceed according to the provisions of section
14 paragraph. 2; its jurisdiction will then continue to be governed by the provisions of section 9.
section 16 of the
(1) claims of third parties to the dispute to the property which the State acquired the ways
referred to in the provisions of § 13 of this Act, directs the appropriate organizational
component (section 11), the following persons to the Court. At the same time is invited within the time limit
one month from the receipt of the request demonstrated that the claim in court
apply. If the action is brought, the Court waits for the decision. In
the case of the fruitless expiry of this period continues in the organisational
the procedure referred to in article 15(2). 2 of this Act; the possibility of subsequent
the application of third-party claims in a court that does not affect.
(2) if the State Takes in the wake of the verdict, in which the Court imposed a penalty of forfeiture
property, ^ 29) Affairs and resources, which may give rise to doubts,
whether they are necessary to meet the needs of the convicted person living
or persons, whose nutrition or education of the person required to
take care ^ 30) and the assumptions that could be claimed for
their exclusion, ^ 31) appropriate organizational component (section 11) carrying out
the punishment of confiscation of property shall be disposed of with these things, and the means to
the expiry of 3 months from the date on which the judgment became legally valid, and if the
things, or resources that have been carrying out the penalty of confiscation of property
affected only later, after the expiry of one month from the time when the
the disability occurred. If the time limits referred to in the application for exemption is filed,
will wait for the decision on this application.
(3) if the State enters into the property as a result of a court decision on the recognition and
enforcement in another Member State of the European Union, which was
pronouncing the forfeiture or asset or its part prevents ^ 28a),
appropriate organizational component (section 11) loaded with this property to the
the expiry of 3 months from the date of this decision to the Court of law, or
before the expiry of this period, if under the special rule
code ^ 31a) informed the Court that there is reason to prevent forfeiture of
or the prevents such property or its part. However, if the Organization
a folder in the specified time limit shall be informed by the Court that the other Member
State of the European Union informed of the reason for the forfeiture or the prevents
such property or any part thereof, shall be disposed of with him until after the delivery of the
the Court's decision, issued in respect of the assets on the basis of the
information to another Member State of the European Union ^ 31b).
PART THE THIRD
THE MANAGEMENT OF THE PROPERTY OF THE
§ 17
Disposes of the property on the basis of the contract, the contract must have a written
form and manifestations of will on one document, even if it's legal
the regulations do not require, if the use of written form, or speeches
will on one document, does not preclude a law or the nature of the legal
negotiations, where appropriate, the circumstances in which it occurs.
section 18
The assets referred to in the provisions of section 10 cannot appropriate organizational
folder (§ 11), with the exception of the sale by public auction ^ 40) and
the sale of live animals, in favour of the
and the judges and lay judges), prosecutors, members of the police of the Czech
Republic, experts, interpreters and notaries, as well as the staff of the courts,
the Prosecutor's Office, the police of the Czech Republic and notarial
offices,
(b) Customs officers and civil employees), the customs administration of the Czech Republic, as well as
even the heads and other staff of other organizational components
competent to manage the property under the provisions of section 11,
(c)), the representatives of the Mayor of mayors, Secretaries and other staff
the competent municipal authorities ^ 32) and, mutatis mutandis, the competent authorities of cities and
urban areas,
as well as the persons close to them, ^ 33) if the persons referred to in subparagraphs)
c) in individual cases were involved in operations related to the acquisition
of such property by the State, and on the management of it.
The management of the property between the organizational folders
§ 19
(1) the management of the property and other legal discussions between business
the components of each other takes place. Procedures for dealing with
the property in relation to legal and natural persons provided for in this
the law, as well as the provisions of section 31 to section 37, paragraph. 1 and 2, section 37a and 39 to 42
the legal acts do not apply. Organizational folder in the
the mutual legal negotiations governed by the rules of the constituent,
terms, whether free of charge or not dealing with property and other
the rules dealing with the property, and other legal acts, which in
compliance with the basic obligations in the management of the property of lays down
the implementing legislation.
(2) if the produce business referred to in paragraph 1 with the things that are
recorded at the land registry, shall ensure that the submission of the proposal also on the record to the
the real estate cadastre. For these purposes, the registration referred to in paragraph 1
documents certifying the jurisdiction receiving the organizational folder
to manage things.
(3) if it is appropriate in particular for additional disposal, land
encumber the easement in favor of another plot of land, which is the same or different
organizational folder the appropriate manage ^ 90); It shall apply mutatis mutandis for the
a culture thing, which is not part of the plot ^ 91). For such legal
the negotiations shall apply the relevant statement of organizational folder
rights or registration referred to in paragraph 1 and the Declaration or registration are
documents, based on which a deposit is made in the land register.
§ 19a
Organizational folder appropriate to manage the property, which is registered in the
the central register of administrative buildings and is needed for
security performance within its scope or its activities, may
agree with the authority on the takeover of the assets that it
the assets will be left to the use or consumption under the terms of the provisions of section
19 paragraph. 1. With this property jeÚřad competent to manage in accordance with the
the provisions of section 9. In further management of these assets, the provisions
section 14a paragraph. 4 and section 19b paragraph. 2 the first and second sentence shall apply mutatis mutandis.
§ 19b
(1) If, in the framework of the competent organizational components (section 9) decided
According to the provisions of § 14 paragraph. 7 on a permanent odds and ends of material real estate
things including the accessories located in the territory of the State
or permanent rights and odds and ends of construction this property will not be
taken proven due to the need for public interest or other
organizational folder in the scope of the same governing body or central
administrative authority or, where appropriate, that the founder of the central administrative
the Office, the Office shall without delay the assets free of charge with the exception of
the cases, when it comes to things that are not recorded in the central registry
administrative buildings and which of them would be appropriate organizational folder
should take for State assets in accordance with the provisions of section 12(2). 3, or
of the assets to which the application of the procedure under the provisions of section 14b. As follows
The authority shall, even if the assets to the fulfilment of the tasks laid down in the framework
the subject of activity needs. With this property is the competent Authority
manage in accordance with the provisions of section 9.
(2) the Office shall provide for the property taken pursuant to paragraph 1, which
registered in the central register of administrative buildings, its effective and
effective use of the needs of other organizational components, and to
the basis of the decision of the Government or the authority to them this thing
or its parts, leaving it under the terms of the provisions of § 19 paragraph. 1 to
use or consumption. This ceases to be the property permanently usable
for judicial, legislative, administrative and related activities in the framework of the implementation of the
functions of the State, not otherwise necessary for the activities of the Office and the Office of it
leaves or in the public interest, it shall be disposed of on the basis of Authority
the decision of the Government or the designated authority, in its nature, and the State, and
If the assets eligible for further use, it shall be disposed of in
benefit of legal or natural persons. With the other assets of the
in accordance with paragraph 1, that the authority itself does not need or it's leaves in the
the public interest, shall be disposed of in accordance with his nature, and the State, and if the property
to be eligible for further use, it shall be disposed of in favour of those
organisational components that need it for their security performance
the scope of activities or it or take in the public interest.
In doing so, account shall be taken of the nature of the reasons for the interest of the organizational components of the takeover
This asset, the urgency of their needs and the effectiveness and efficiency of
such a takeover; disputed cases shall be submitted to the decision of the Government.
(3) If, within the framework of the competent organizational components (section 9) decided
odds and ends about permanent assets other than that referred to in paragraph 1
or for which it assumes the Authority of paragraph 1 follows a specific way
loading, you can offer this asset as a priority and take between
organisational components within the scope of the same governing body or central
the administrative authority or, if there is one organization to the other folder
the founder or the central administrative authority, even when receiving
organizational folder this property does not need to perform the tasks in the framework of its
the scope of the subject of the activity, or set if such a procedure
will lead to improving loading with this property. With this property is
transposing the relevant organizational folder to manage in accordance with the
the provisions of section 9.
(4) if the organizational component (section 9) didn't use the procedure referred to in
paragraph 3, shall be disposed of permanently displaced the property according to its nature and
State, and if the property is eligible for further use and is not
unless otherwise specified, it shall be disposed of in favour of other organizational folders
which it needs to exercise its jurisdiction or security activities
or that it takes in the public interest. Similarly, the proceeds
the organizational component, which took over the assets referred to in paragraph 3.
(5) If, within the framework of the competent organizational components (section 9) decided
According to the provisions of § 14 paragraph. 7 temporary or odds and ends of the property
part, or if so, achieved their more effective or
more economical use, while maintaining the main purpose for which the
organizational folder is used, or if it is appropriate for the final
loading with the property, which has been in the framework of the relevant organizational
folder decided to permanently leave the appropriate odds and ends,
organizational folder such property or its part, if it corresponds to the nature of the
of the asset or its part and is not otherwise provided for, under the conditions
the provisions of § 19 paragraph. 1 to use or consumption for the needs of other
organisational components.
§ 19 c
(1) the offer of the use of or enjoyment of the property, which is registered in the
the central register of administrative buildings, other organizational folders
This is done through the registry. The use of menu, alcohol use
or other assets to other organizational folders is done
on the website of the Office. If appropriate, you can offer other
organizational folders take place simultaneously and in an appropriate manner.
If the assets to which the application of the procedure under the provisions of section 14,
or other assets necessary to quote from the reasons of the Administration
to ensure safety, security or defence of the State, the only other appropriate manner,
This other way.
(2) in the case of property intended to shift and assets abroad
the offer referred to in paragraph 1 does not. If it is intended to shift the assets that
is registered in the central register of administrative buildings and was taken
The Office under the provisions of section 19a or 19b paragraph §. 1, the Office ensures its
Exchange and acquisition of assets for the State shift. If you acquired this asset has
the character of the property, which is registered in the central register
administrative buildings, the Office ensures its use and management with
in accordance with the provisions of section 19b paragraph. 2 sentence of first and second. If
thus acquired the character of the property referred to does not have, it shall be disposed of in the Office
accordance with the provisions of section 19b paragraph. 2 sentence third and fourth.
(3) to deal with the property in favor of legal or natural persons is
permissible only then, if the property interest in another business
folder, or in the case of assets designed to shift, or on assets in
abroad, and does not prevent the case nor the public interest; This is without prejudice to the procedure
Office in accordance with the provisions of section 19b paragraph. 2 the second sentence. The procedure in the handling of
the property, which showed no interest in other organizational folders or
legal or natural persons, in the implementing legislation.
section 20
(1) If this Act permits, can be Dispose also
unilateral measures. The measure is always written. Must contain the
determine the organizational components concerned, as well as the destination of the property, with the
which shall be treated confidentially, and must be determined by the day, which occurs the effects
the measures. The measures concerned are served the Organization folders and
providers, and treated if it with stuff that is registered in the land registry
real estate, also competent to the cadastral authority.
(2) the measures referred to in paragraph 1 may issue the founders of organizational
folders in the performance of functions under this Act, the founder and the competent
the authorities of the Chamber of Deputies and the Senate in connection with the decisions on the
nationality (article 9). The measures referred to in paragraph 1 may issue the Director
the Security Corps, are treated with the property, under the conditions laid down
a special legal regulation.
(3) the Ministry of finance may issue measures pursuant to paragraph 1 in the
connection with the decisions on jurisdiction (section 9 and 11) or in the framework of the
checks (section 49 (4)); measures shall contain the justification.
(4) on the issue of the measures provided for in this law shall not apply the provisions of
administrative control measures 34) and ^ are not subject to review by the Court.
(5) the measures provided for in this Act for the purposes of the cadastral law
legislation considered the decision of the public authority.
Transfers of ownership
section 21
(1) unless it is a sale of goods in a shop or other contractual transfer within
provided for the subject activity, can be in the ownership of a legal or
the natural person to convert the contract material thing only under the conditions referred to
the provisions of sections 22 and 23, and only if this is the case for the State permanently
unnecessary (article 14, paragraph 7, section 19 c (3)).
(2) for serious reasons and after the previous observations of the Ministry of finance
the Government may allow a derogation from the terms of a permanent odds and ends by
of paragraph 1. This is without prejudice to the procedure referred to in article 22(2). 1 to 3;
the provisions of section 22, paragraph. 4 to 7, and section 23 shall not apply.
section 22
(1) when the úplatném transfer of material things is a suitable candidate for the purchase, with whom
will the Act on the conclusion of the contract, it found in the selection
the proceedings. In the framework of the selection procedure, there is no conclusion of the contract, the contract
is arranged then and the participation of those interested in the tender or select
a suitable candidate to purchase shall not be entitled to the conclusion for the lead.
contract or other related claims. Organizational folder
proceed to the selection of suitable candidates carried out effectively,
transparently and according to pre-established criteria; how organizational
folder in the identification of candidates and when setting the conditions, terms,
and the criteria in the selection process in greater detail in the implementing regulations
prescription. You can also sell the thing by public auction ^ 40), and does not require a
the transfer approval or exception under this law, can be used
public competition for the best offer. In justified cases,
to carry out direct sales to the selected person or a shift, if at the same time
compliance with the requirements of this Act for the acquisition of the asset.
(2) when the úplatném transfer material things to arrange price ^ 16) at least in the
the amount, which is in the usual place and time, where a specific legal
prescription ^ 35) provides otherwise. Similarly in the determination
the minimum purchase prices under the terms of the tendering procedure and the public
the competition for the best offer, or in determining the lowest level of administration
for the purposes of the public sale. This is without prejudice to the possibility of a reasonable reduction
the minimum purchase prices in the next round of the competition or in the new
public competition for the best offer, repeated for lack of interest, or
possibility of reduction in the amount of the lowest administration repeated the auction has not been
auction item auctioned off.
(3) free of charge can be material thing only convert in the public interest, or
If it is more economical than another valuation method of loading with things
or, when provided for in the specific legislation.
(4) the approval of the Ministry of finance requires the transfer of tangible immovable
things, which is registered in the land register, unless the conversion
and) land on which the building is established for housing construction or for
family recreation in the possession of the transferee, and land on it
follow-up to the acreage not exceeding 1 000 m2, in a summary of this
the licensee, or the separate transfer of the land on which it is established
individual or Bayed garage owned by the acquirer,
b) co-ownership share in favour of a joint that is
the bearer of the statutory pre-emption ^ 36) or co-ownership
the share of the land on which the House was established in favour of the owner of the
the units in this House,
(c)) in favour of předkupníka, that his pre-emptive right,
(d)) of the things referred to in paragraph 5 or 6,
(e)) of the common devices implemented within the framework of reparcelling,
(f)) of the land in the area not exceeding 500 m2, on which it is established,
that would have been a part of, směňovaného for the acquisition of land
another owner, on which there is no established structure, which would have been his
part of,
(g)) of the land in the area not exceeding 200 m2, on which it is established,
If this plot does not connect to any other land that is transferred to the same
the transferee,
h) road the land on which is located the body of a road that is in the
accordance with a special law ^ 38a) owned by the County, or
the body of the local communication, which is in accordance with the particular legal
^ Regulation 38a) in the ownership of the village, to the ownership of this region, or
the village, or the land of the designated final planning to
the construction of roads or local communications, whose owner is to be
under special legislation ^ 38a) County or municipality to owners
This region or municipality,
I) plot, for which the road because of the change of the category or class
the road leads to the transfer of the property of the person to be
under special legislation ^ 38a) the owner of the infrastructure
with the changed category or class.
(5) the approval of the Ministry of culture requires the transfer of tangible movable and
real declared a cultural monument, with the exception of the road
the land referred to in paragraph 4 (b). I) and the transfer of the collection of the Museum of the nature. If
cultural monument of the only construction that is not a separate things, requires
the approval of the Ministry of culture of the transfer of the material, which is real
part of a cultural monument.
(6) the Approval by the Ministry of the environment requires the transfer of the land
in particular, a protected territory and its protection zone with the exception of the road
the land referred to in paragraph 4 (b). I) and the conversion of the building, which is registered in the
the land registry, if it is established on the land in especially protected
the territory and its protection zone, unless it is subject to the approval of the transfer of
in accordance with paragraph 5.
(7) in the case of it's Founder set up an organizational folder can completely
or in part, to reserve the approval during the conversion of tangible things, for which the
their transfer is not subject to approval pursuant to paragraph 4, with the exception of the letters
(c)), e), (h)) and i), in accordance with paragraph 5 or under paragraph 6, and not
the procedure referred to in article 15(2). 2. If the appropriate organizational
the founder, such approval may reserve the respect
the Central Administrative Office, and if it is not, the Ministry of finance.
section 23
When converting material things, which has the strategic nature of or significant
cash or other value, you can approve the transfer of reserve
the Government; the provisions of section 22, paragraph. 4 to 7 will not apply in this case.
section 24
Organizational folder cannot as a landlord to conclude a contract of
providing for consideration of the matter to the user associated with the Treaty on the subsequent
the transfer of the ownership of this thing, and cannot enter into a contract on the transfer of
the business or part of a plant.
Other methods of disposal
§ 25
To material things cannot establish an option contract or lien and the
You cannot arrange a reservation purchase back.
§ 25a
(1) the right to the land contracted to set up only if the
possible or expedient relationship to the land is otherwise arrange builders. The right to
structures shall be established in return for payment; free of charge can be established only in the
the public interest. Establishment of construction contracting law requires the approval of the
The Ministry of finance.
(2) the contract referred to in paragraph 1 must be agreed to stavebníkovi
reservation agreement for how the building performs changes or resets,
as well as the reservation of the consent to the use, enjoyment, transfer or load
the right of the building.
(3) the transfer of the rights of construction requires approval by the Ministry of finance; If
However, the part of the law of building construction, which is a cultural monument, requires
the conversion rights of the construction approval by the Ministry of culture. When the conversion rights
the construction of the provisions of section 21 and section 22 paragraph 1(b). 1 to 3 shall apply mutatis mutandis.
section 26
(1) the Ministry has arranged for payment and only to the extent that
organizational folder did not hinder in the performance of its activities.
(2) Material can be real to the extent contractually encumber
easement for the purposes of the establishment, operation and maintenance of a network of technical
equipment ^ 41), and public utility construction easement ^ 41a), rozlivu and
easement trails or paths to ensure access to its owner
real things, if such an approach as a necessary path ^ 92)
the Court. In other cases, the load of material things to immovable
easement for compelling reasons exception to allow the Ministry of finance.
(3) a culture thing, which is registered in the land registry, cannot be
contracted to encumber the real burden; This is without prejudice to the possibility to arrange
consideration for the establishment of the law (§ 25a) as salary.
section 27 of the
(1) the material thing or part thereof, that the organizational folder temporarily
does not need to fulfil the functions of the State or other tasks within their
the scope of the subject of the activity, or set can be left to the
legal or natural persons. Similarly, you can do so in the event that the
will be achieved more effective, more economical use of things in or
maintaining the main purpose for which the organizational folder is used, or
If it is effective before the final loading with stuff that was in the context of the
the appropriate organizational folder decided on permanent odds and ends.
(2) the use referred to in paragraph 1 can be arranged only for a specified period of
a maximum of 8 years for a single user. If the conditions referred to in paragraph
1 are met, can be of use in compliance with the conditions of paragraph 3
the first sentence to extend the agreement so that the total duration does not exceed 8
years, or negotiate with the same user again, but again only for the period in
the duration of a maximum of 8 years. The contract shall preclude the continuation of the exploitation
the relationship that would use continued after the date, when the relation of exploitation
end up. This does not exclude the specific legislation or, in the case of things
abroad, the applicable law, the contract must include arrangements that
organizational folder to end the relationship and also use the testimony arrangement
allowing for the immediate termination of the exploitation of the relationship, if they cease to be
the conditions referred to in paragraph 1 are no longer met.
(3) in the case of use referred to in paragraph 1 shall be the rent agreed in
a lower amount than that as the highest possible rent arises from the regulation
price ^ 44), and if this regulation is not applied, shall negotiate with the least amount of
that is in a given place and time. This does not exclude the specific legal
prescription or in the case of things in foreign law, shall negotiate with the
at the same time the mode of rent increases and also as the case method
distribution of the prices and payment for all services provided
with the use of. Free use can be arranged only with persons whose
the main purpose of a business, and not only to ensure the exercise of State administration
in the scope of the transferred or for the purposes of social, humanitarian, fire
protection, protection of the population, the integrated rescue system,
Educational, scientific, cultural, sports and physical education, the protection of
nature and care about the environment and work with children and youth;
the provisions of the second sentence concerning the method of accounting of the price and remuneration for
all are provided and services associated with the use, however, uses the
Similarly.
(4) the exemption from the reasons for the abandonment of the case or its parts to use,
laid down in paragraph 1, from the time of use set out in paragraph 2 and
from the circle of users and the purpose of use specified for the case not
the use in paragraph 3 may on serious grounds to allow the Ministry of
Finance.
(5) the Agreement notified to the organizational folder with the abandonment of things
tenant to sublease requires approval of the founder, and does not have to
organizational component of the founder, the approval of the competent central
the Administrative Office, and if there is, the approval of the Ministry of finance, if you
such approval, the founder of the factually competent central administrative office
the Ministry of finance or reserves. It shall apply mutatis mutandis in the case where
arranges the organizational folder with the vypůjčitelem option to leave the matter for
consideration to the use of another.
(6) where the purpose of the lease area or room operation
business activity in this space or room, previous
consent to the transfer of the lease in connection with the transfer of business
the activities of the lessee ^ 93) cannot give tenants.
(7) the provisions of paragraphs 1 to 6 shall not apply, if the matter is or its part
the subject of a service or any similar transactions, provided by the legal
or natural person exclusively the organizational folder with things
appropriate to manage, or to the provision of such services or other
like the performance is used exclusively. This is without prejudice to the obligation to
organizational folder to negotiate within the framework of adjustment of legal relations with the
the service provider or any similar performance of the necessary conditions
concerning the use and protection of the case or the part thereof.
§ 27a
(1) a thing or part thereof cannot be left to the use of legal or natural
the person on the basis of výprosy.
(2) for consumption on the basis of leasing can be a legal or physical person
Let the thing or part thereof only if it combines the nature of farming and
the agreed terms with the conditions referred to in the provisions of section 27. 1 to
3; the provisions of section 27. 4 to 6 and section 44 and 45 shall apply mutatis mutandis. Pacht in
the case of the commercial plant could not be arranged.
State participation in other legal persons and associations
section 28
(1) the State may establish a trading company or participate in its
the establishment only in the form of joint-stock companies. ^ 45) State may be
shareholder and the joint-stock company established or whose
the founding of the Cabinet; for the acquisition of shares, the provisions of sections 12 and 13.
To the establishment of joint-stock companies or participation in its creation is
need the prior consent of the Government; at the same time, the Government shall determine whether the shares of the
will sound in the name or on the owner.
(2) the State shall exercise the function of the founder of the joint-stock company and assets
in such a society, the Ministry added. For these purposes, the Ministry of
uses the asset, which is competent to manage it by itself, or on the
the basis of its measures (section 20) assets, with which it is appropriate to manage
organizational folder it established (section 4). The rights of shareholders in based
the joint stock company under the State shall exercise the Government in writing of the authorized
the founding of the Ministry staff; progresses in accordance with the
laws and regulations and in accordance with the written instructions of the Minister, to whom their
the activity served in regular intervals designated by written reports.
(3) to the trading companies can insert assets and proprietary
the holdings of the State can be treated in companies with only
the prior consent of the Government; This is without prejudice to the provisions of section 37, paragraph. 3.
If participation in the business part of the property of the company
in accordance with the provisions of section 10 or the State will take under the provisions of section 12(2).
2, where applicable, the provisions of § 13, saddled with her appropriate organizational folder
(section 9), (11) in accordance with this Act. For loading with the participation
the State in the business of the company in the framework of the procedure according to the provisions of § 15
paragraph. 2 with the prior consent of the Government in accordance with the first sentence does not require.
section 29
The State can establish the Institute, Foundation or endowment fund or may
attend this establishment only with the prior consent of the Government. The Government of the
at the same time lays down that the Ministry will for the State to carry out the function of
the founder of the. The provisions of § 28 paragraph. 2 the second sentence shall apply mutatis mutandis.
section 30
(1) the State is unable to attend the founding cooperatives ^ 45) or enter
or membership of a cooperative, to acquire the share transfer cannot be
Associate in the company ^ ^ 48) and cannot enter into a contract of
the company ^ ^ 49). In the case of the acquisition of membership in the cooperative in connection
with the procedures laid down in the Act on health practices and solutions of the crisis on
the financial market, the prohibition laid down in the first sentence shall not apply.
(2) the State may, with the prior consent of the Government to participate in the founding of the Association
or become a member, where appropriate, may become a member of interest
Association of legal entities ^ 51) if they involve
in the activities of international and multinational non-governmental organisations.
Founding and membership privileges shall be exercised by the appropriate organizational folder
(section 9), whose scope or specific activities related to the substantive
the purpose and object of the main activities of the Association or interest grouping
legal persons.
(3) if they become rights deriving from membership and contracts referred to in paragraphs 1
and 2 part of the property pursuant to the provisions of section 10 or the State will take in accordance with
the provisions of section 12(2). 2, where applicable, the provisions of § 13, loaded with them
appropriate organizational component (section 9) and (11) in accordance with this Act.
Management of receivables, other rights, securities and other
property values
section 31
(1) the execution in installments can be arranged only exceptionally, if the future
the borrower in advance shows the ability to timely fulfill its debt and will not even
other circumstances clearly, compliance with debt is endangering this arrangement.
At the same time must be agreed upon the maturity of the whole of the claim for the case
failure to comply with any of the instalments.
(2) for serious reasons can be agreed with the borrower and payments for maturing
debt. The debt must be recognised in writing by the debtor as to the reason and
the amount granted by a final decision, where appropriate, the Court or other
authority. At the same time must be agreed upon the maturity of the entire claim for
a case of failure to comply with any of the payments, as well as that, the borrower will be in
instalments to fulfill also the interest for late payment, and that the State is in the case
demonstrable improvement in the financial circumstances of the borrower be entitled to from the
the arrangement of the other installments.
§ 32
Refer the claim a legal or natural person can be fundamentally just in
payment. If the agreed price does not reach at least 60% of the nominal value of the
Receivables, including accessories, where appropriate, proceed to
claim free of charge, you can assign only with the approval of the claim
the founder, and does not have the appropriate organizational component of the founder,
the approval of the competent central public administration authority, and if it is not,
The Ministry of finance. This is true even if the claim is to be
the subject of a public auction under special legislation. ^ 40)
section 33
On the relative satisfaction of the receivable can be accessed only within the
reorganization or debt relief ^ 56).
§ 34
(1) Waive all or part of the debt can only be the debtor, which is
natural person, if it is warranted by its oppressive social conditions and
He asked forgiveness.
(2) you cannot waive the debt, which was incurred in connection with the criminal
the activities of the borrower or if the borrower has for any reason the claim
to the State, if the amount of its debt itself to accede to its
waiver, or if the debtor has assets, from which it can be achieved
the satisfaction of the claims of the State.
(3) a derogation from paragraphs 1 and 2 may, for important reasons enable
The Ministry of finance.
(4) in the case of a breach of the conditions of the remission of the debt resulting from the Treaty on the
the granting of the public contribution to the individual housing construction ^ 57a)
do not apply the provisions of paragraphs 2 and 3. This debt can be remitted from other
reasons than for reasons referred to in paragraph 1, however, you cannot waive the debt
arising in connection with the crime, or the debtor's debt, which
has a claim against the State.
(5) to the discharge may occur only on the basis of a written agreement.
section 35
(1) from the recovery can be unilaterally waived, if
and the debtor died and claim) could not be met or the recovery of the
his heirs, or
(b) the debtor rejects debt voluntarily) meet, and claim
promlčela, or you cannot prove that the claim takes, or cannot be
demonstrate the amount and is not the basis for it, to a court or other authority
to determine the amount of discretion, or
(c)) from all the circumstances of the case, it is clear that additional enforcement
It would not be successful.
(2) you can also waive the recovery of a claim which the nominal value
including accessories does not exceed 1 000 Czk, if the debtor refuses to debt
voluntarily meet or actually suggests that the expected
the cost of the claim significantly exceeds the expected income from
This claim. For the same borrower can be over one calendar
year to refrain from enforcement of such claims only once, unless the sum of the
the nominal value of such receivables, including accessories, from whose
the recovery has been or is to be abandoned, does not exceed 1 000 Czk.
(3) the waiving of recovery of the claim shall be in writing and the debtor is
nevyrozumívá. Abandonment of recovery of the claim shall not cease; the procedure referred to in
the provisions of § 14 paragraph. 5 and 6 shall not apply.
section 36
In the case of it's founder set up an organizational folder may wholly or
in part to reserve the approval for legal action under the provisions of section 34 and the
§ 35 paragraph. 1. Does not have the appropriate organizational component of the founder, the
the approval follows reserve the central competent administrative authority substantively, and
If it is not, the Ministry of finance. The approval procedure is not affected by
the provisions of § 34 paragraph. 3.
§ 37
(1) the claim of lien cannot be set up by the Treaty.
(2) For the management of share claims, other rights and other
the property values of the previous provisions shall apply by analogy, if it
the nature of these assets, or specific legal admits
the regulation provides otherwise. For the purposes of the procedure under the provisions of § 32, 35 and
36 out of awards under special legislation. ^ 17)
(3) for the transfer of securities shall apply mutatis mutandis to the provisions of section 21,
but his references to the provisions of section 22 and 23 shall apply only to the extent
the provisions of section 22, paragraph. 1 to 3; This is without prejudice to the provisions of § 28 paragraph. 3
the first sentence is about the transfer of securities under the procedure referred to in
the provisions of § 15 of paragraph 1. 2. Unable to conclude contracts for the lease or other
abandonment of securities and of stopping securities whose
the owner is the State, and you cannot assign itself the rights of transfer agreements
securities owned by the State became; This does not prejudice
the provisions of § 37a.
§ 37a
(1) the assignment of a contract concluded with the organizational, for which it would
the nature of the Treaty did not, however, which was concluded with the authorization of the
the exemption, approval or with the prior consent under this Act,
even with the cession of part of it can give appropriate organizational folder
consent ^ 94). It shall apply mutatis mutandis, if the Treaty were disposed postupovanou
in favour of the legal or natural person or the right thing, to which the
continue to bind the rights and obligations of the contract or its part referred,
or if it was a referral agreement or a part thereof, the competent
organizational folder however.
(2) If the consent to any such transfer does not prevent the circumstances referred to in paragraph 1
and if the appropriate consent to assignment of organisational, declares
at the same time to postupiteli that rejects his exemption from its obligations
in the scope of the referral.
(3) Organizational folder cannot assign the contract, which was concluded with the
the authorization of the exemption, approval or with the prior consent in accordance with this
the law, or part thereof.
PART THE FOURTH
COMMON PROVISIONS
The commitments
section 38
Obligations arising out of the activities of the organizational units are obligations of the State.
Commitment accounting leads and for the State as a bearer of the undertaking fulfils the obligation
the organizational component, of which the obligation arose or
related to, or that pertain to manage (section 9 and 11), with the property, which
the commitment is related. If you cannot, in the case of a monetary debt organizational folder
as follows to specify and does not have to perform the following tasks after the demise of the organizational folder or
its founder (§ 5 (2)), provides these tasks the Ministry of
Finance.
section 39
(1) a State may accept or recognise the commitments and negotiate against him
claims only to the extent and under the conditions, which correspond to the nature of the
the State filled with tasks and activities to be performed. If as a result of
the contractual acceptance or recognition of rights, which did not arise from the law,
the State could lose, as appropriate, should be lifted or not assets,
the transfer or other disposal under this Act is subject to authorisation
the exemption, approval or prior approval, can legally Act
only with the authorisation of the exemption, approval or with prior consent.
The provisions of section 44 and section 45, paragraph. 1 apply here mutatis mutandis.
(2) in accordance with paragraph 1, second and third sentences shall also, in the case
settlement of before the courts and other authorities, in the denial of heritage
or another performance from the estate when the waiver of inheritance or its
transfer and settlement heritage agreement. The provisions of paragraph 1, second
and the third sentence shall not apply, if the release or other things
the settlement of the restitution claims procedure under special laws
legislation. ^ 59)
section 40
(1) a State may commit itself to the conclusion of future contracts or other
the legal negotiations, if the content of the future Treaty is agreed, or such
legal negotiations in accordance with this law and to the conclusion of future contracts
or to such legal acts do not need to enable exceptions,
granting approval or granting of prior consent in accordance with this
the law.
(2) additional rules committing the State, as well as the provision of State guarantees
regulates the special legal regulation.
§ 41
If the State acquired the assets of the ways referred to in the provisions of § 13, debts
the previous owner of the State do not cross and liens for property,
that State, thus became the moment of its transition to a State cease to exist; It
does not apply in the case of inheritance or odúmrti, and in cases where such
a separate legal regulation, the decision of the competent authority, or the international
the contract, which the State is bound by.
section 42
(1) the claim in the debtor's State ceases to exist when the offsetting, if
with each claim to which is the appropriate manage (section 9 and 11)
organizational folder that has to carry out the debt of the State (section 38)
the claim of the debtor.
(2) the set-off against a claim the State is permissible only on the basis of the
the agreement, subject to specific legislation that set-off against the
the claim of the State is out of the question.
§ 43
(1) asset, which is running the appropriate organizational components (section 9 and
11), cannot be the subject of insolvency proceedings under the Special
legislation. ^ 56)
(2) the performance of the decision imposing the State payment of an amount can be
lead to the assets with which it is appropriate to manage (section 9 and 11) organizational
the folder from which the obligation arose or, which is the responsibility of
manage assets with which relate to commitment; This applies similarly in the
the case of a public sale. ^ 40) If this is not enough assets to satisfy the
authorized persons can perform a execution of decisions in the rest of the commandments
account receivables from the Ministry of finance.
The procedure for authorisation, approval, exceptions, and the provision of the previous
consents
§ 44
(1) the exemption is granted and the approval and prior consent in accordance with this
the law will provide only for individual cases.
(2) the authorization of exceptions (article 21, paragraph 2, section 26 paragraph 2, § 27, paragraph 4, and section 34
paragraph. 3), approval (section 12 (2) and 6, section 22, paragraph 4, to 7, § 23, § 25a
paragraph. 1 and 3, § 27, paragraph. 5, § 32 and 36) and prior consent (section 4, paragraph 4.
1, section 12 paragraph. 4, 7 and 8, section 12a paragraph. 2, § 28 paragraph. 1, § 28 paragraph. 3, section 29
and § 30 paragraph. 2) shall be decided in writing and on the basis of a reasoned and documented
the application of the relevant business unit (section 9 and 11). If the organizational
the its founder or falls under the factually competent central
the administrative authority shall submit the request with its expression of the founder
or the Central Administrative Office.
(3) the exemption permits and approval is granted to the already closed contract
or else carried out a legal hearing, where their nature or
specific legal provisions do not exclude. In the case of public auctions ^ 40)
the exemption permits and approvals granted before proposing the auction
where appropriate, before the conclusion of the Treaty on the implementation of the auction. If the exception
enabled or if approval was granted at the time not exceeding 6
months from the submission of the application referred to in paragraph 2, that the adoption of
the offer was made in a timely manner; This does not exclude the effects of early adoption
menu or when a subsequent authorization exceptions or grant approval in
cases where the Civil Code recognises ^ 95).
(4) the authorisation, approval, exceptions and prior consent is a prerequisite
the validity of the ^ 64) legal acts, to which they provide.
(5) the allowed an exception, granted approval and provided by the previous
consent can be withdrawn retrospectively or for the purposes of the conditions set out
change only in cases where, after a decision in these matters will come out
to light serious facts, which were not known at the time of decision-making and
should the original decision making a substantial impact. So you can proceed only
until the legal effects of the acts occur, as appropriate, the measures.
section 45
(1) where under this Act to the legal acts or measures,
needed to enable exceptions, granting the approval or the provision of
the prior consent of the organizational folder, which legally is,
where appropriate, measures shall be considered this requirement without further for
have been fulfilled; the provisions of section 44, paragraph. 5 shall not apply.
(2) If the founder's, the factually competent central administrative office or
The Ministry of Finance shall establish the approval of legal negotiations by
the provisions of section 12(2). 6, section 22, paragraph. 7, § 27, paragraph. 5 or § 36, the
required to secure advance notification in the official journal of the Czech
of the Republic. If the reserves under the provisions of section 23 in the individual case
the approval of the Government, it will do so by a resolution in advance.
Responsibility for the damage and for compliance with the obligations in the management of
the property of the
section 46
Damage as a result of the procedures and decision-making in the management of
the property under this Act is not damage in the exercise of public
power by a decision or incorrect official procedure. ^ 65) responsibility
the State for the damage shall be governed by special legislation.
section 47
(1) natural persons who by virtue of their functions, or job
organisational components or of title credentials to perform for his State
the rights of shareholders, legally or otherwise acting in respect of the assets and carry out other
the tasks provided for in this law, are required to carry out this activity with a
professional care and proceed in accordance with this law, other laws
regulations and the internal rules governing the management and treatment of
the property.
(2) the persons referred to in paragraph 1 shall be responsible for violations of the established
obligations and for the damage, which was established on the property, which is
organizational folder the appropriate manage, in the scope of criminal law,
labour and civil legislation. This does not prejudice
application of the liability of and sanctions against organizational folders under the
the specific legislation.
(3) the contractual performance migration activities referred to in paragraph 1 to the other
the person with the responsibility referred to in paragraph 2 may not be relieved.
Check
section 48
(1) the control of compliance with the obligations laid down by the legislation and
the internal rules for the management of assets for organizational folders
carried out by the central competent administrative authorities is factually, founders
organisational units and the Ministry of Finance (hereinafter referred to as "control
the authorities "). The Supreme Audit Office is subject to control under the Special
the legislation.
(2) the Inspection shall be carried out in the framework of the organizational components of the control services,
where appropriate, the supervisory authorities (hereinafter referred to as "control services").
(3) the supervisory authorities are carried out in the range referred to in paragraph 1 whether or not control
the activities of the inspection bodies. The Finance Ministry controls the methodologically
directs and controls the other supervisory bodies and their
through and control departments.
section 49
(1) the methods of inspection, inspection procedures and mutual relations of supervisory
authorities and controlled organization folders when carrying out checks,
governed by specific laws, which govern ^ 65a) financial
control and its performance, and the rules contained in the internal rules
issued by the control authorities.
(2) supervisory authorities shall notify the identified shortcomings of the Ministry of finance.
(3) the supervisory authorities shall cooperate with law enforcement authorities in criminal proceedings, and
other competent authorities in the detection and proof cases
violation of the obligations in the management of the property and shall be obliged to
the obligation under the specific legislation. ^ 67)
(4) the Ministry of finance may, on its own initiative or on a proposal from another
the inspection authority in serious cases, the deficiencies in the management of
certain assets of its measures (para. 20) that the assets of the business folder
without compensation and determine the appropriate folder with another business
manage assets (section 9).
(5) the provisions of paragraph 4 shall not apply to the assets with which they are
competent to manage the Constitutional Court, the courts, the Supreme Audit Office,
The Office of the President of the Republic, the Office of the Chamber of Deputies, the Office
The Senate and the Office of the Ombudsman.
section 50
Responsibility for deficiencies in the checks on all levels and for
the damage, which was established by the State, shall be governed by the provisions of section 47 of this Act.
PART THE FIFTH
TRANSITIONAL PROVISIONS, THE CANCELLATION AND THE FINAL
The conversion of government organizations on organizational folder
section 51
(1) the State budget organization set up specific legal
^ 68) Regulation (including ministries and other administrative authorities and institutions
State pension budget) or established, where appropriate,
controlled by existing legislation ^ 69) central authorities, district
authorities and school authorities, as well as the Office for the protection of personal data, Office of the
for foreign relations and information and storage administration, State Organization
radioactive waste, ^ 70) that in relation to the assets (section 8)
exercise the right of economic management, where appropriate, the law ^ 71) of the common
^ management 72) or the interim administration of ^ 73) according to the existing
legislation, starting with ^ 74) are on the date of entry into force of this Act
organisational components (section 3); the same day the Office of the Chamber of Deputies and
The Office of the Senate take a similar position as the organizational folder
State. Accounting units remain, if they were up to the date of acquisition
the effectiveness of this Act. Their statutory authority is the position of the head of the
organizational folder and its proceedings shall be governed by this law.
(2) If the State of the Organization, to which paragraph 1 applies and is not
While the central authority, District Office or school Office, on the basis of the
special legislation has established itself before the date of entry into force of
This Act of State budgetary organization or a contributory
the Organization, established by the State budget is the organization or the State
contribution organization of internal organizational unit the organizational
folder. Status and legal regime of the State contributory organizations
established on the basis of special legislation ^ 75) Offices
President of the Republic and the Academy of Sciences of the Czech Republic, by special
legislation and this Act (sections 54 to 56).
section 52
(1) if the Government changes pursuant to section 51, paragraph. 1 and
the State organizations, which have become the internal organizational unit
organizational folder under section 51, paragraph. 2, the participants of legal relationships
incurred before the date of entry into force of this Act, and the participants
legal, administrative and other proceedings instituted before the date of entry into
the effectiveness of this law and these relationships and management of continuing or
resets after the entry into force of this law, is a participant in the listed
legal relations and management of the State to the extent and under the conditions laid down in this
the law.
(2) if the legal provisions of the Treaty and other legal fact established
to the date of entry into force of this Act, the rights and obligations of State
organizations referred to in paragraph 1 as legal persons and the rights and
obligations to the date of entry into force of this Act continue to insist, it is
the bearer of the State to the extent and under the conditions provided for in this Act. With
securities holdings in other legal persons and associations (§ 28
up to 30) and with rights resulting from them, acquired to the date of entry into force of
of this Act, shall be disposed of in accordance with this Act.
(3) the rights and obligations of the industrial relations, whose holders
yet they were the State of the organization referred to in paragraph 1, shall pass the date
the effectiveness of this law on the State and carries out the organizational
folder; otherwise these relationships remain intact.
(4) if the legislation of the State organizations by speaking
paragraph 1, the means, where appropriate, internal organizational folder
business units under this Act.
section 53
(1) the ministries and other administrative authorities that have established State Organization
changes in accordance with the provisions of section 51, paragraph. 1,
zřizovatelskou function under this Act, if a specific legal
prescription not otherwise; This does not affect the range of organizational units,
which may be precisely according to the provisions of section 4, paragraph 4. 1.
(2) if the administrative authority here, that from the date of entry into force of
This Act, exercise the function of the zřizovatelskou against the State Organization
referred to in paragraph 1 shall exercise this function objectively the central competent administrative
the Office; in the performance of zřizovatelské function is governed by a specific legal
legislation and this Act.
(3) if the legislation speaks of the instigators of the State
organizations referred to in paragraph 1, the means by which organizational folder
they perform the function of the zřizovatelskou in accordance with paragraph 1 or paragraph
2.
The position of other public organizations
§ 54
(1) the State contributory organizations established or controlled by
the existing regulations of the central authorities, local authorities and schools
authorities and further Consolidating Bank Prague, State financial institution, and other
the State organisation established (based) on the basis of specific legal
Regulation or a special legal regulation, in relation to property
not yet exercised the right of economic management, where applicable, the right of the common
According to the existing legislation, or to management that will still apply mutatis mutandis
established (based), (hereinafter referred to as "the Organization"), are legal persons and
Managing with assets (§ 8). It is governed by a specific legal
provisions and those provisions of the Act that apply to
organisational components appropriate to manage the property in accordance with section 9, unless it is
about the acts reserved to the only government departments. Current receivables and other
property rights organizations for the purposes of this Act, be deemed to
assets (§ 8). The scope of this Act shall not apply to state-owned enterprises
established pursuant to Act No. 77/1997 Coll., on the State of the enterprise, in the text of the
amended, including those that are considered to be formed under the
of the Act, the State organization that is referred to by law in
the extent provided for in a special law governs, and the Budweiser
Budweiser Budvar, national enterprise. The management of these government organizations govern
specific legal provisions.
(2) the performance of the zřizovatelských (founding) functions to organizations
governed by this law, unless otherwise provided in a separate legal regulation.
However, you can set up a new organization (base) only in the cases and under the
the conditions laid down by a special legal regulation; This also applies to
deciding on the distribution, mergers and other changes
the organization. On the change in the subject of the main activities of the State allowance
the organization can decide under this Act (section 55 (2)), only if the
special legislation provides otherwise.
(3) if there is not an administrative office, which, starting from the date of entry into force of
This act performed zřizovatelskou (by) feature to
the Organization has already established (based), this function carries out factually competent
the Central Administrative Office; in the performance of zřizovatelské (the founders) function
governed by specific legislation and this Act.
(4) the Interference and the demise of the Organization, by special legislation. If
special legislation provides otherwise, the organizational folder
executing zřizovatelskou (by) function in accordance with the
paragraph 2 or paragraph 3, decide to cancel the organization.
Organization terminates on the date that this organizational component. With the property,
with whom he ran the Organization (paragraph 1) on the date of its demise,
manages the business, which continues to be the repealing of the Organization
decided to. Commitments, the bearer of the Organization was at the date of its
the demise of the Hibernate State and this organizational folder in the context of the
those obligations shall perform the tasks under this law (section 38). The rights and
the obligations of industrial relations, the bearer of the Organization was
on the date of its demise, passed on to the State and the previous provisions for them
shall apply mutatis mutandis.
section 55
(1) the organization do not have their own property; under the conditions laid down in this
the law shall become the property of the State and their affiliation with
assets (section 8) shall be governed by the provisions of section 9. These organizations are
providers and users of the data of the central registry of the administrative
buildings. Acting on its own behalf in legal relations relating to the
assets and participate in the proceedings before the courts and other authorities in matters of
relating to the assets, including the procedure for determining whether the ownership or
other similar state law or not. Specific legislation can
to establish in which cases and under what conditions the proceedings before
the courts and other authorities in matters relating to the assets involved in the
directly to the State.
(2) the legal negotiations, organizations are required to permit exceptions,
granting approval or granting of prior consent to the extent and
under the conditions laid down by this law (article 44 and article 45 (2)). With
the property, which the organization manages, you can dispose of a measure (section
20); This applies mutatis mutandis to decisions about the change in the subject of the main
the activities of the State contributory Organization (section 54 (2)). The provisions of § 46,
47, 48, § 49 paragraph. 1 to 4 and § 50 shall apply mutatis mutandis for the organization.
(3) the management of the property and other legal discussions between business
and organizations, and between organizations to each other takes place
the Treaty; procedures pursuant to the provisions of § 19 paragraph. 2 and 3, in relation to the
Treaty shall apply mutatis mutandis. In the Treaty, in the case of organizational folder
the party marks the words "Czech Republic" and attach to the designation
organizational folder name, registered office and identification number of the person
along with the name and function of the (job) of the natural person
who is authorized to sign the contract, as well as the reason that this person
to sign the warrants. Organization as a Contracting Party to the Treaty
Mark your name (business name), registered office and identification number
persons together with the name and function of the (job) physical
a person who is authorized to sign the contract, as well as the reason that this
the person to sign the warrants. Disposes of the organizational component, or
the Treaty Organization with a specific property, enter in the contract,
that the jurisdiction of this organizational folder or organization
manage with such a property. Changes to the Treaty, the jurisdiction of the
business or organization to manage the property, shall be in
Treaty day, in which this change occurs, and the transmitting and
acquiring a business or Enterprise folder. In the context of data about the assets
shall indicate whether or not the indication of price in accounting (operational records)
for transmitting business or organization. The contents of the other
the arrangement in the contract shall be governed, mutatis mutandis, the provisions of the special legal
the rules governing the contract type that is concluded the contract content
the closest, and the terms and conditions and other rules arising from the Special
legislation and the implementing legislation referred to in paragraph 4.
(4) the procedures for the management of the property in relation to the legal and physical
persons laid down by this law, as well as the provisions of section 31 to § 37, paragraph. 1
and 2, § 37a and 39 to 42 on the legal acts referred to in paragraph 3 shall not apply.
Organizational folder and organization when mutual legal negotiations governed by
terms, whether free of charge or not dealing with property and other
the rules dealing with the property, and other legal acts, which in
compliance with the basic obligations in the management of the property of lays down
the implementing legislation.
(5) the securities, holdings in other legal persons and associations
(sections 28 to 30) and with the rights arising therefrom, which the Organization had acquired in the
the effective date of this Act, shall be disposed of in accordance with this Act.
section 55a
The financial statements of the State contributory organization compiled the balance sheet
date approved its founder or one who shall exercise the zřizovatelskou
function.
section 55b
Liquidators by State enterprises, which are not based and not for
established pursuant to Act No. 77/1997 Coll. and were cancelled and entered
in the disposal, including those of the existing State-owned enterprises, which have been
the functions and powers of the founder of these organizations set up, manage and
zrušovat transferred pursuant to specific legislation on ^ 80)
the Municipal Council of the relevant communities, but which were cancelled and entered into
before disposal 1. in January 2001, and the provisions of § 57 of them because
not apply, after the settlement until the existing levies to the State
budget, taxes, fees, other financial performance and debt
converted (§ 55 paragraph 3) of the remaining assets, which is a State enterprise in the
the liquidation of the farm, and with whom he was unable to do otherwise and
his existence, so preventing the liquidation Office, free of charge. With this
the property of the Office is competent to manage in accordance with the provisions of section 9.
section 56
(1) any organization leads in the accounts liabilities arising from its activities
and obligations related to the property, which is appropriate.
The responsibility for these obligations and handling are governed by specific
the law and this Act.
(2) unless otherwise provided in a separate legal regulation otherwise, the organization may contractually
assume the debt of other organizations only with the prior consent of their
the founder (founders), and if the founder (founders), with
the prior approval of the Ministry of finance.
(3) the provisions of sections 39 to 42 shall apply, mutatis mutandis, to the obligations of the organization.
(4) the assumption of debt by the State Organization and the transition of the commitment of the Organization to
State are permitted only in the cases and under the conditions laid down
a special legal regulation.
(5) the State shall be liable for the debts of the organization only if so provided by the
special legal regulation or if it is explicitly committed to the State.
After the demise of the Organization, this guarantee lasts, if debt goes to another
the organization. For the State as a guarantor performs founder (founder)
in other cases, the Organization and the Ministry of finance.
(6) asset, which is running the Organization, in which all debts
the State shall be liable in accordance with paragraph 5, cannot be the subject of insolvency proceedings
under special legislation. ^ 56)
§ 57
(1) the present state-owned enterprises ^ 79) and the State budgetary and contributory
the Organization, which was the founder of the function and authority of the Organization
set up, manage and zrušovat transferred pursuant to specific legal
^ 80) on the regulations of the relevant municipal Council of municipalities and which on the date of effectiveness of the
This law has not yet nezanikly, there are branches in accordance with
This Act does not apply to them and the provisions of sections 54 to 56.
(2) the legal ratios of State-owned enterprises, which are covered by paragraph 1, the
governed by specific legislation and, mutatis mutandis, the provisions of section 20 (2). 3
Law No. 77/1997 Coll., on the State of the enterprise; part of the provisions of section 20 (2). 3
concerning the abolition of the State Enterprise shall not apply. The village, which was
transferred the function of the founder, the company shall cancel the disposal according to the specific
^ Law 81) or cancels without liquidation; in this case, is
shall take measures on all of the assets of the undertaking and its commitments
(paragraph 6).
(3) the State budget organization, subject to paragraph 1, the
from the date of entry into force of this law, the organizational folders
the municipality according to the law on budgetary rules of local budgets;
the transitional provisions of the Act on the Organization of
shall apply mutatis mutandis.
(4) the State contributory organization, subject to paragraph 1,
they are from the date of entry into force of this Act, příspěvkovými
organizations of the municipality under the law on budgetary rules of territorial
budgets and their legal relations are governed by the law and by a special
the legislation.
(5) the right of economic management ^ 71) to things in the ownership of the State performed
State organisations referred to in paragraph 1 in accordance with the existing
^ 74) legislation on the date of entry into force of this law shall lapse. Things, to which
entitled as follows, are the property of disappear under section 10 (a). (b))
of this law. If these things are related obligations referred to
Government organizations are such obligations to the State.
(6) the rights and other assets of the State, with which the State
the organization referred to in paragraph 1 shall be entitled to the date of entry into force of
This law to dispose of existing legislation, are the property of the
under this Act, (section 8) and belongs to the
and) undertakings pursuant to paragraph 2; obligations of the existing State-owned enterprises
(paragraph 1) that nepřešly on the State referred to in paragraph 5, shall remain
intact and their bearers are the enterprises referred to in paragraph 2,
(b)) to the relevant municipalities, with respect to the business folder of the municipalities referred to in paragraph 3
or a contributory organisation of the municipality referred to in paragraph 4; these municipalities
also the existing State obligations devolves budgetary organizations
(paragraph 1) and the existing State contributory organizations (paragraph
1) if nepřešly on the State referred to in paragraph 5.
(7) the rights and obligations of the existing national labor relations
undertakings (paragraph 1) and the existing State contributory organizations
(paragraph 1) the preceding provisions shall remain unaffected by the changes and
their holders are enterprises referred to in paragraph 2 and the contributory organization
the municipality referred to in paragraph 4. The rights and obligations of the labour relations
the existing State budget organizations (paragraph 3) passed on to the
the competent municipality.
section 58
(1) unless the organizational component (section 51) each other, organizational
folder and Organization (section 54 to 56) and or other such organizations, which
of them will continue to be required under this Act, the management of
asset for which the date of the entry into force of this law, it took the right
common management, ^ 72) proceed pursuant to section 9 (2). 2.
(2) if the legislation uses the term "law
the management of "^ 71)" the right of joint management ", ^ 72) where appropriate, the
"Managing" ^ 82) and on the concept of "provisional administration", ^ 73) means relationships
the State and the organisations (§ 57 to 59) to property under this Act.
section 58a
(1) this Act regulates the procedures and conditions relating to the goods,
tangible things, immovable property, tangible immovable property and units and
does not provide otherwise, further means and units under the civil
code and the flats and non-residential premises as units in buildings with flats and
nebytovými premises pursuant to Act No. 72/1994 Coll., to regulate
some of the co-ownership to the buildings and some of the ownership relations
flats and non-residential spaces, and complement some of the laws (the law on the
ownership of the flats), as amended.
(2) this Act regulates the procedures and conditions regarding securities
securities, means and dematerialised securities.
(3) If the legal acts do not include arrangements which must, according to this
the law contain, disregarded. Contrary to other legal acts
conditions laid down in this law for such legal acts, are
invalid, unless otherwise provided by this Act.
Some of the exploitation relations
section 59
(1) the existing relations of permanent use pursuant to section 70 of the economic
^ Code 83) on the date of entry into force of this Act, amended on
^ 84) loan for a fixed period of 6 years. During this time, borrowing controls
the provisions of the civil code.
(2) the competent organizational components (section 9) during the period laid down in paragraph
1 adjust the contract with the individual borrower for more legal relationships to
used assets. If, in the case of such property or any part thereof will be
conditions for the procedure according to § 22 paragraph 1(b). 3, converted this property
or part free of charge into the ownership of the records are lent according to this
the law. In other cases, or if the borrower does not take effect for such
transfer of interest, the borrower will offer another contract adjustment of legal relationship
This property under this Act.
(3) If the parties to the procedure pertaining to the relationship referred to in paragraph 2
otherwise, the loan referred to in paragraph 1 shall cease on the expiry of the set
time without compensation and with assets shall be disposed of under this Act.
section 60
(1) the Exploitation relations of legal and physical persons to things based
the contract for the loan before the date of entry into force of this Act shall expire
no later than the expiry of one year from the date of entry into force of this
the law, if the participants in the exploitation of the relationship under the terms
This act otherwise.
(2) the Exploitation relations of legal and physical persons to non-residential spaces
based on the lease contract before the date of entry into force of this Act, and
the agreed term shall expire no later than the expiry of 5 years from the date of
the entry into force of this law.
(3) if the owner of the apartment or commercial space, starting from the date of
the effectiveness of this law governed the rights to land within the range of your
a co-ownership share in the common parts of the House, ^ 85)
appropriate organizational component (section 9, 11) when editing these rights under the
of this law.
§ 60a
(1) the organizational component (section 9 and 11) converts the land forming
a functional unit of apartment house owned by housing cooperatives
arising before the date 1. January 1992 or housing cooperatives, which is
his successor, free of charge to the ownership of the apartment
of the cooperative.
(2) in accordance with paragraph 1 shall apply mutatis mutandis in the case of land, which
form a single functional unit
and the family house ^) with 86) and its accessories, if appropriate, to him
attaching a garage owned by housing cooperatives referred to in
paragraph 1, if the House was built after this housing cooperative
1. January 1969 on the basis of the exceptions to the rules on the financial, credit and other
help the cooperative and individual housing construction ^ 87) and its construction
was given the financial, credit and other assistance relevant cooperative
housing construction,
(b)), with a garage, or garage owned by housing cooperatives
referred to in paragraph 1, on the financing of the construction of the involved
natural persons-members of housing cooperatives or their legal
predecessors; This also applies in the case of cooperatives, incurred before 1 January 2006. January
1992 or their successors in title, whose business is
construction and management of the garage for their members, if the other conditions
met.
(3) if the transfer of the family house and its accessory, where appropriate, to
showing the garage mentioned in paragraph 2 (a). and ownership)
housing cooperatives referred to in paragraph 1, appropriate organizational folder
Converts the land forming a functional unit with this family house and
its facilities, where appropriate, to the garage, free of charge, showing to the
the ownership of the owner of the House and its accessory, where appropriate, to
showing the garage, is a natural person.
(4) in accordance with paragraph 3 shall apply mutatis mutandis, if the conversion of the garage
referred to in paragraph 2 (a). (b) ownership of the housing cooperatives) referred to
in paragraph 1, where appropriate, the cooperative produced before 1 January 2006. January 1992
or his legal successor, whose main activity is the construction and
garage management for its members, in the ownership of a natural person.
(5) the appropriate organizational component converts the co-ownership share to
the land that creates a functional whole House with apartments and nebytovými
premises owned by Act No. 72/1994 Coll., to regulate
some of the co-ownership to the buildings and some of the ownership relations
flats and non-residential spaces, and complement some of the laws (the law on the
ownership of the flats), as amended, to the extent
the corresponding share of the common parts of the spoluvlastnickému of the House according to the
§ 8 paragraph. 2 the law on ownership of apartments, free of charge
and to the ownership of a natural person), which is the owner of the apartment or garage
or a Studio in this House, if this person was at the time of the transfer of
apartment or garage or Studio ownership of housing cooperatives
referred to in paragraph 1, in accordance with the provisions of section 23 of the law on ownership
apartments, tenant of that flat or a garage or Studio, and a member of the
housing cooperatives, or
(b)) to the ownership of a natural person that is the owner of the apartment or garage
or the Studio in such a House, if the housing association as referred to in
paragraph 1, as the owner of the building by a declaration whereby the flats and non-residential
areas, as separate units under the law on the ownership of flats and
This person has received referred to the apartment or garage or Studio ownership
construction on the basis of a contract for the construction of an apartment or commercial space
According to the law on ownership of apartments, or the person referred to in the apartment
ownership on the basis of a contract for the construction of the building owned by the
housing cooperatives referred to in paragraph 1, where appropriate, on the House with apartments and
nebytovými rooms in accordance with the law on the ownership of apartments, of which at least
one was owned by housing cooperatives referred to in paragraph 1 in accordance with
law on ownership, or
(c) the ownership of a natural person), which is the owner of the apartment or
a non-residential area referred to in point (a)) or (b)) on the basis of
transfer or gradient property of an apartment or garage or
the Studio, or
(d) the ownership of the housing cooperatives) referred to in paragraph 1, which
It remained the owner of the non-retained housing or in the
such a House.
(6) the appropriate organizational component converts the charge, co-ownership
the proportion of land to the extent corresponding to the proportion of the spoluvlastnickému
common parts provided for under section 1161 of the civil code to the
the ownership of the
and) the natural person who is the owner of the unit referred to in section 4, paragraph 4. 2 of the Act
No 311/2013 Coll., on the transfer of ownership rights to the units and group
family houses, some housing cooperatives and amending certain laws,
(b)) of the natural person that is the owner of the unit referred to in point (a))
become on the basis of transfer or gradient property of this unit, or
(c)) of the housing cooperatives referred to in paragraph 1, if the cooperative
It remained the owner of the translated units referred to in subparagraph (a)) and on the
This cooperative is subject to the obligation referred to in section 5 of the Act No. 311/2013
SB.
(7) the transfers referred to in paragraphs 1 to 6, the approval under the provisions of section 22 of the
paragraph. 4 to 7.
(8) if the land referred to in paragraph 5 or 6 or a part of the
This land was an easement pursuant to § 21. 5 and 6 of the law on
ownership of the flats, and this land was free of charge transferred in accordance with paragraph
5 or 6, appropriate organizational folder after you perform the transfer of ownership
rights in the land register shall refrain from recovery
appropriate compensation for an easement to the land or any part thereof,
If this claim still persists; the provisions of § 35 paragraph. 1 and 2 and section 36,
do not apply. If the owner of the dwelling or non-residential space referred to in
paragraph 5 or 6, with whom appropriate organizational folder closed
contract, or part of the compensation paid, appropriate organizational folder
After making a deposit of ownership in the land register returns
received this amount to the owner or his heirs or
the legal successors, to whom the ownership of the land passed.
section 60b
If the land that creates a functional unit of apartment house, family
the House, garage or House with apartments and rooms owned by nebytovými
According to the law on ownership of dwellings (§ 60a) was established under the provisions of 59
paragraph. 1 the borrowing entity, that is not the owner of the apartment house,
the family house, garage, House with apartments and rooms in the nebytovými
ownership under the law on ownership of dwellings or dwelling or non-residential
the space in this House, and this loan lasts or if you already have a plot of land
used this legal person on the basis of the contracts concluded under
the provisions of section 59 paragraph. 2, proceed according to the provisions of § 60a only
the conditions that the organizational component (section 9 and 11) agree in advance
with the user of the land on the cancellation of the loan or other exploitation
relationship, or that the loan relationship expires or otherwise use.
section 60 c
(1) the appropriate organizational component converts the land forming a functional
all the construction is the construction of small, price is determined
Decree No. 393/1991 Coll., on prices of buildings, land, permanent stands,
payment for the establishment of a personal right of use of land and compensation for
temporary use of the land, as in force on January 1. November 1991, to the
the ownership of the cooperative referred to in section 18, paragraph. 1 of law No 42/1992 Coll., on the
Edit the property relations and settling property entitlements in cooperatives,
which was established under the provisions of section 59 paragraph. 1 the borrowing and that is
the owner of the building, and under the condition that the loan still and cannot be
proceed according to the provisions of section 59 paragraph. 2 the second sentence. Procedure
referred to in the first sentence shall not apply in the case of the cooperative, which is in liquidation or
on whose property it is guided by the insolvency proceedings. The transfer will be
made to the application of the cooperative referred to in the first sentence, if it is filed with the
the appropriate organizational folder not later than 31 December 2006. December 2003. No effect if the
This team interested in the transfer of property and
participants of the exploitation relation to agree even on other contractual adjustment
the legal relationship to the land under this Act, applies to the demise
borrowing and loading with the grounds of the provisions of section 59 paragraph. 3.
(2) in accordance with paragraph 1 shall, mutatis mutandis, in the case of housing
cooperatives, if it is on land which formed this apartment
the cooperative loan under the provisions of section 59 paragraph. 1 and form one functional
all the construction, which is building a minor, is in the possession of the
housing cooperatives and is used to management security, maintenance and repair
apartment buildings in this residential cooperative ownership or to ensure
the implementation provided with the use of the apartments in the ownership or management of the
housing cooperatives.
(3) the provisions of paragraphs 1 and 2 are without prejudice to the possibility to perform the conversion
free of charge under the terms of the provisions of section 22, paragraph 3.
section 61
The Treaty, which according to the article. (II) Act No. 131/1982 Coll., amending
and the following of the civil code and some other property relations,
established the right of permanent use of land to foreign legal persons, on the date of
the entry into force of this law amended on lease contract, if it has been
the original contract agreed by the use of the land in return for payment, or on the Treaty
about the loan, if it was the original contract agreed to free use
of the land.
section 62
(1) of the Treaty, which were up to 1. January 1992 to legal and natural persons
provided for remuneration for the temporary use of real things or their
part pursuant to section 397 and 398 of the civil code, the date of entry into force of
This law amended on lease contract, if by that date the exploitation
by nezanikly-based relationships or otherwise are not modified.
(2) If an immovable thing or part of a contract under the left
paragraph 1 to the temporary use free of charge, for this contract
the conditions referred to in paragraph 1 on a contract for a loan for a fixed period
one year. Unless otherwise agreed by the parties to the relationship under conditions of exploitation
provided for in this act otherwise provided, shall lapse on the expiry of the loan
time without compensation and with a culture or its part shall be disposed of in accordance with
of this law.
Acceptance of agenda the provisional administration
section 63
(1) the scope of the Transferred towns of Brno, Ostrava and Pilsen and urban areas
Prague 1 to 15 in the performance of the interim administration in accordance with the existing
^ 74) legislation on the date of entry into force of this law shall lapse. Referred to the city
and the city shall within 6 months after the entry into force of this
law all assets with which to the date of entry into force of this Act
nenaložily, pass the competent organization of folders under section 11 (2). 4.
(2) the transfer referred to in paragraph 1 are also all closed and
unclosed file materials and operational records of AIDS to the agenda
the interim administration and other documents relating to the property, as well as documents
on commitments related to the submitted property. Forward takes its
registration of participants; the annex to the minutes of all lists will be transmitted to the
items.
(3) for the transmission referred to in paragraphs 1 and 2 are referred to the city and
the urban part of the entitled and obliged to do on behalf of the State regarding the
assets and the related liabilities, mutatis mutandis, under this Act, only
emergency operations. Justifiable and reasonable associated costs
be paid to the city or urban part based on billing for
State the relevant organizational component (section 11 (4)).
(4) appropriate organizational folder after the transfer in accordance with paragraphs 1 and 2
ensure that the things that are recorded in the land register, the
record in the register. For these purposes, the registration referred to in paragraph 2
the Charter attesting to the nationality of the receiving organization folder.
section 64
The rights and obligations of the labour relations of the employees, who, in
Prague, Brno, Ostrava and Pilsen provide provisional agenda management
handed down under section 63, may go to the State to the extent agreed between the
the relevant cities on the one hand and the State on the other. Individual
the agreement must be in writing and shall be determined by the day of the transfer of rights and
the obligations of labour relations.
§ 64a
the title launched
(1) the Ministry of the Interior or the police of the Czech Republic provides for the
performance of the Ministry of State property management
the Treasury and the Office of the
and data from Basic) reference population register,
(b)) the data from the agendového information system of the population register,
(c)) the data from the agendového information system for foreigners.
(2) Information Provided pursuant to paragraph 1 (b). and) are
and last name)
(b) the name or names),
(c) the address of the place of stay)
(d)) of the date, place and County of death; in the case of the death of the data subject outside the territory
The Czech Republic, the date of death, place and the State on whose territory the death
has occurred; If the decision of the Court on the declarations for the dead, the day
that is the decision given as the day of death or the day that the body
data declared dead survived, and the date of the entry into force of this
the decision,
e) citizenship, or more of State citizenship.
(3) Provided the information referred to in paragraph 1 (b). (b))
and, where applicable, names) the name, surname, or their amendment, native
the last name,
(b) the social security number),
(c) the address of the place of residence),
d) citizenship, or more of State citizenship,
(e)) the beginning of permanent residence or cancellation date data on the place of
permanent residence or the date of their permanent residence on the territory of the Czech
of the Republic,
(f)), mom,
(g)) of the date, place and County of death; in the case of the death of a citizen outside the territory of the Czech
Republic, the date, place and the State on whose territory the death occurred,
h) day, who was in the Court decision on the Declaration for the dead mentioned
as the day of death or the date on which the data subject declared dead
survivors.
(4) the information Provided under paragraph 1 (b). (c))
and, where applicable, names) the name, surname, maiden name, change
(b) the social security number),
(c)), or more citizenship nationality,
(d)) kind of place of residence and address,
(e)) the beginning of the stay, where appropriate, the date of their stay,
(f)), mom,
(g)) of the date, place and County of death; in the case of deaths outside the territory of the Czech
of the Republic, the State on whose territory the death occurred, or the date of death,
h) day, who was in the Court decision on the Declaration for the dead mentioned
as the day of death or the date on which the data subject declared dead
survivors.
(5) data that are kept as reference in the principal registry
the population recovered from the agendového information system registration
of the population or agendového information system for foreigners only if they are
in the shape of the previous status quo.
(6) the data provided can be used in a particular case only
such information, which are necessary to fulfil that task.
section 65
The enabling provisions
(1) the Ministry of Finance shall lay down by Decree
and conditions for the submission of applications) on the previous agreement with the establishment of
organisational components and requirements for incorporation of the Charter (section 4 (2)),
(b)) the range of the data necessary for the purposes of the notification of the changes, or the demise of the
organizational folder (§ 5 (3)),
(c) the manner and terms of keeping) the operational records of property (section 15 (4)),
(d) rules on the terms of the minutes), whether free of charge or conditions
not the management of the property and the other rules on disposal of assets
and other legal acts (section 19 (1)),
e) procedure for the management of the property, which showed no interest in other
organizational folder or legal or natural persons (article 15, paragraph 2, section
19 c of paragraph 1. 3),
(f)) to the survey leads to buy and a procedure for determining
the conditions, terms and criteria in the selection procedure (section 22 (1)),
(g) whether free of charge or not) the conditions for the handling of assets and other
the rules dealing with the property, and other legal acts (article 55, paragraph 4).
(2) the Government shall determine by regulation the structure and scope of the information included in the
the central register of administrative buildings and dates for their
the provision, as well as the extent and the conditions of their sharing (section 14a (3)).
section 66
Cancellation provisions
Shall be deleted:
1. The Federal Ministry of finance Decree No. 61/1986 Coll., on
the interim administration of national property, in wording of later regulations.
2. The Federal Ministry of finance Decree No. 119/1988 Coll., on
management of national assets, as amended.
§ 67
The effectiveness of the
This law shall enter into force on 1 January 2005. January 1, 2001.
Klaus r.
Havel in r.
Zeman in r.
Selected provisions of the novel
Article IV (b) 1 and 2 of Act No. 223/2001 Coll.
Transitional provisions
1. the existing relations of permanent use pursuant to section 70 of the economic code,
that have not changed to the loan in accordance with section 59 paragraph. 1 of Act No. 219/2000
Coll., on the Czech Republic and its assets in legal relations,
date of entry into force of this Act amended the loan for a fixed period
in the duration to 1. January 1, 2004. During this time, borrowing controls
the provisions of the civil code; in other similarly section 59 paragraph. 2
of the Act and section 60a of the same Act, as amended by Act No. 229/2001
SB.
2. If the parties to the procedure pertaining to the relationship under section 59 paragraph. 2
Act No. 219/2000 Coll., where appropriate, under section 60a of the same Act, as amended by
Act No. 229/2001 Coll. agree otherwise, the loan referred to in paragraph 1 shall cease
the expiry of the prescribed time without compensation.
Article. (VIII) and article. IX of Act No. 202/2002 Sb.
Article. (VIII)
The membership of the State or public organization in the civil association to
date of entry into force of this law shall be assessed in accordance with the existing
legislation; with the rights arising from this membership shall be disposed of in accordance
Act No. 219/2000 Coll., on the Czech Republic and its
in legal relations, as amended.
Article. (IX)
Date of entry into force of this Act is Act No. 219/2000 Coll., on the asset
The Czech Republic and its performance in legal relations, as amended by
amended, applies to all of the current state of the Organization,
including the ones that were on 31 December 1992. December 2001 are excluded from the scope of the
under section 54 of the Act, paragraph. 1 of Act No. 219/2000 Coll., on the asset
The Czech Republic and its performance in legal relations, as amended by
Act No. 501/2001 Sb. It does not apply to state-owned enterprises constituted under
Law No. 77/1997 Coll., on the State of the enterprise, in the wording of later regulations,
including those that are considered to be formed under of the Act, for
State Organization, which referred to the extent laid down by law,
special legal regulation and for Budweiser Budvar, national
Enterprise.
Article II of Act No. 280/2002 Coll.
The provisions of § 60 c of Act No. 219/2000 Coll., on the Czech Republic and
her performance in legal relations, as amended by Act No. 280/2002 Coll.
shall apply mutatis mutandis to the cases where the loan was established pursuant to the land
article. IV, point 1, of Act No. 223/2001 Coll., amending Act No. 219/2000
Coll., on the Czech Republic and its assets in legal relations,
as amended by law No. 492/2000 Coll., and some other laws; about the demise of this
the loan provisions of the article apply. (IV) point 2 of the Act No. 229/2001 Sb.
Article II of law No 22/2006 Sb.
If the validity of the Act was in accordance with Act No. 219/2000 Coll., on the
the texts of the effective to date of the entry into force of this law, subject to
the approval of the competent Ministry, such approval to the date of
the entry into force of this law to granted and this condition on the day of acquisition
the effectiveness of this law without compensation, is the same day of this legal
validly made, unless its validity, other legal fact.
Article. Act No LXXVI. 296/2007 Sb.
The transitional provisions of the
If it was before the date of entry into force of this Act, proceedings
According to Act No. 328/1991 Coll., on bankruptcy and settlement, in the text of the
amended, and not to the date of entry into force of this Act
been completed, it is possible in such proceedings to proceed on the relative
satisfaction of claims only in the framework of the settlement.
Article. (III) Act No. 153/2009 Sb.
If the validity of the Act was in accordance with Act No. 219/2000 Coll., on the
the texts of the effective to date of the entry into force of this law, subject to
the approval of the competent Ministry, such approval to the date of
the entry into force of this law to granted and this condition on the day of acquisition
the effectiveness of this law without compensation, is the same day of this legal
validly made, unless its validity, other legal fact.
Article. XXIV Act No. 239/2012 Sb.
The transitional provisions of the
The approval of the financial statements in accordance with § 5a and section 55a of the Act No. 219/2000 Coll.
in the version effective as from the date of entry into force of this law, for the first time
for the accounting period of the year 2012.
section 27 of Act No 311/2013 Sb.
Transitional provisions
(1) If a cooperative apartment, a team whose business is
construction and management of parking garage for its members, or a natural person was
the right to the transfer of land or gratuitous contract co-ownership
the proportion of land under section 60a of the Act No. 219/2000 Coll., on the Czech property
of the Republic and its performance in legal relations, in the texts of the effective
before the date of entry into force of this Act, the procedure shall continue to be in accordance with
the existing legislation and section 60a of Act No. 219/2000 Coll., as amended by
effective from the date of entry into force of this law, shall not apply. According to the
the existing legislation is assessed and the limitation period for
the application of this law and the effects of the limitation period relating to the date of acquisition
the effectiveness of this law shall remain in force.
(2) If on a housing association incurred before 1 January 2006. in January 1992, or
the housing cooperative, which is its legal successor, the team incurred
before 1 January 2006. January 1992 or its legal successor, the
activity is the construction and management of parking garage for its members, or to a physical
the person of paragraph 1 does not apply and this housing cooperative, a cooperative, or
a natural person who satisfies the conditions for entitlement to free Contracting
the transfer of land or co-ownership to land under section 60a
Act No. 219/2000 Coll., as amended, effective from the date of entry into force of
This law, but the conditions for contracting this gratuitous transfer
land or co-ownership to land under section 60a of the law No.
219/2000 Coll., as amended effective prior to the date of entry into force of this
the law, already meet the legal predecessor of the listed persons, proceed
According to section 60a of the Act No. 219/2000 Coll., as amended, effective from the date of acquisition
the effectiveness of this law, the limitation period and the effects of the limitation, however,
be assessed continuously from the date when the right to free contract transfer
land or co-ownership to land could be done
for the first time.
Article. (II) Act No. 51/2016 Sb.
Transitional provisions
1. On the date of entry into force of this law shall be incurred by the Regional Directorate
The police of the Czech Republic, referred to in section 11 (1). 1 (a). e) of Act No.
219/2000 Coll., as amended, effective from the date of entry into force of this Act,
competence to manage those addictive substances and precursors, including
equipment for their manufacture, preparations containing addictive substances and
other dangerous substances, which was not yet the appropriate manage
the State, referred to in section 11 (1). 2 of the Act No. 219/2000
Coll., as amended by Act No. 202/2002 Coll., and with whom this organization folder
State prior to the date of entry into force of this Act in the prescribed manner
nenaložila, or before the date of entry into force of this Act, for the
the purpose of yet taken over.
2. In the case of property referred to in section 10 of Act No. 219/2000 Coll., section 15 shall apply
paragraph. 4 of Act No. 219/2000 Coll., as amended, effective from the date of acquisition
the effectiveness of this law, only on the asset for which the relevant
organizational folder State before proceeding with the procedure provided for in § 15 of paragraph 1. 1 of the law
No. 219/2000 Coll., from the date of entry into force of this Act.
3. If the legal negotiations required under Act No. 219/2000 Coll., on the
the texts of the effective prior to the date of entry into force of this law, approval and
such approval before the date of entry into force of this Act
provided and needed the approval of the date of entry into force of this
the law lapse without compensation, then apply that to the legal discussions took place on the day
the entry into force of this law and this legal action is valid,
shows a manifestation of will and other defects unless the validity of the legal
conduct other legal fact. If it was a legal hearing, which, according to
Act No. 219/2000 Coll., as amended effective before the date of entry into force of
This Bill did not require approval and would need the approval of the
was only on the date of entry into force of this law, validly made
before the date of entry into force of this Act, then, on this legal
the negotiations need approval under the Act No. 219/2000 Coll., as amended by
effective from the date of entry into force of this Act, does not apply.
4. Mandatory takeover for the selected asset by the representation of the State in
matters of property under section 19b paragraph. 1 of Act No. 219/2000 Coll., as amended by
effective from the date of entry into force of this law, shall apply only to the
assets, whose permanent odds and ends for the appropriate organizational folder
State or national organization, will be decided after the date of entry into force of
of this law. This is not out of the question to the appropriate organizational folder
State or State organization with the authority to represent the State in matters of
property to the selected asset takeover, if agreed on its permanent
odds and ends for the business of the State or public folder
the organization it was decided before the date of entry into force of this Act,
but has not yet started a procedure to transfer in favour of the
other legal or natural persons. When the management of the Office for
the Government representation in property Affairs with the assets
the relevant provisions of Act No. 219/2000 Coll., as amended, effective from the date of
the entry into force of this law shall apply mutatis mutandis.
5. If the building, which is part of the land in the ownership of the Czech
Republic, the manage organizational component of the State or State
the organization different from the organizational components of the State or State
the Organization, which is responsible to manage land, which is building a
part of it, and if one of them for construction or land permanently
unnecessary assets, ensure the organizational components of the State and the State
the Organization shall without delay for unnecessary work or land change
jurisdiction to manage for the benefit of the State or organizational folder
State Organization, which needs the land on which the building is established,
or, conversely, in favor of one that needs building established on the land.
6. Unless the business of the State, and the State Organization
referred to in point 5 on the unification of nationality to manage construction and
land, which is part of the building, to 29. February 2016 including becomes
on 1 January 2005. March 2016 appropriate to manage the building and grounds, the
the State or a State enterprise, which was previously
appropriate to manage the building. The building has been established on several
land in the ownership of the Czech Republic, which were not yet competent
manage various organizational components of the State or a State enterprise, Stan
the Organization of the State or a State enterprise, which is responsible
manage the construction referred to the day of the run, with land,
where is the bulk of the construction work, and with those of other parts of the land, on the
which part of the building exceed.
7. The organizational components of State and national organizations concerned in the procedure laid down in
section 5 or 6 shall immediately ensure that any intervening changes was made
entry in the land register. Pending implementation of the record cannot
buildings and grounds, which relate to points 5 and 6, dispose of in favour of the
other legal or natural persons, with the exception of the case when the
the building and grounds have been loaded together in favour of the same licensee.
8. If they become the land or building as separate things property
Czech Republic 1. March 2016 and the Czech Republic already is or is
later becomes the owner of the land on which the building is established, or
the building, which is set up on the land, they follow the appropriate organizational
folder of the State and the State Organization for the situation referred to in paragraph 5 in accordance with
This provision, mutatis mutandis; point 7 is in this case used
Similarly.
9. the procedure referred to in items 5 to 8 shall apply mutatis mutandis to the State Organization, the
that the scope of Act No. 219/2000 does not apply.
10. If the construction which relate to points 5 and 6, has been selected as the appropriate
the transfer pursuant to Act No. 92/1991 Coll., on conditions for the transfer of assets
State to other persons, as amended, but the plot, which
relate to points 5 and 6, not and or vice versa, then, that this construction
This land have been selected as suitable for conversion.
11. the obligation to require borrowers to the late fee specified in section
14 paragraph. 5 of Act No. 219/2000 Coll., as amended effective prior to the date
the effectiveness of this law, it takes from the date of entry into force of this Act,
If the obligation to pay a fee for late payment was established by
the existing legislation.
for example, 2) Act No. 337/1992 Coll., on administration of taxes and fees, in the text of the
amended, law No. 199/1994 Coll., on the award of public
contracts, as amended, Act No. 72/1994 Coll., which
regulate certain co-ownership to buildings and certain ownership
relations to the flats and non-residential spaces, and complement some of the laws (the law on the
ownership of the flats), as amended, law No. 97/1993 Coll.
the scope of the administration of State material reserves, as amended
legislation, Act No. 114/1992 Coll., on nature and landscape protection, as amended by
amended, Act No. 138/1973 Coll. on waters (Water Act),
as amended, Act No. 44/1988 Coll., on the protection and use of
mineral wealth (the top Act), as amended, section 17
Act No. 219/1995 Coll., the foreign exchange law, law No. 121/2000 Coll., on the right
Copyright, rights related to copyright and on the amendment
of certain laws (Copyright Act).
section 17, paragraph 3). 1 of the Act No. 229/1991 Coll., on the adjustment of the ownership of
land and other agricultural property as amended by Act No. 182/1993 Coll.
4) Act No. 569/1991 Coll., on the Czech Republic And the Fund, as amended by
amended.
5) Article. paragraph 79. 1 of the Constitution.
7 article 11 (1)). 2 of the Charter of fundamental rights and freedoms.
section 26, paragraph 9). 1 (a). to law No. 18)/1997 Coll. on peaceful uses of
of nuclear energy and ionizing radiation (the Atomic Act) and on the amendment and
supplementing certain laws.
§ 8 paragraph 9A). 1 of law No 273/2008 Coll., on the police of the Czech Republic.
10) section 42 of the Act No. 353/2003 SB., on excise duties.
10A) section 113 of the Act No. 353/2003 Coll.
15A) Act No. 201/2002 Coll., on the Office of the Government representation in matters
property.
16) Act No. 526/1990 Coll., on prices, as amended.
17) Act No. 151/1997 Coll., on the valuation of assets and the change in some
laws (law on valuation).
for example, 17A) Law No. 26/2000 Coll., on public auctions, as amended by
amended, law No 99/1963 Coll., the code of civil procedure, in
as amended.
18) Law No 40/2004 Coll., on public procurement.
18A) Act No 139/2006 Coll., on concession contracts and concession management
(concession laws).
19), for example, Constitutional Act No. 541/1992 Coll., on the Czech Division of the property with
Slovak Federal Republic between the Czech Republic and Slovakia
Republic and its transition to the Czech Republic and the Slovak Republic,
Law No. 597/1992 Coll., on the abolition of the Czechoslovak radio,
Czechoslovak television and Czechoslovak press agency.
for example, § 22), paragraph 175u. 2 of the code of civil procedure, section 15, paragraph. 7
Act No. 337/1992 Coll., as amended by Act No. 255/1994 Coll.
§ 175q, paragraph 24). 1 (a). (b) the code of civil procedure), as amended by
amended.
for example, 25) Act No. 563/1991 Coll., on accounting, as amended,
regulations.
28A) § 460zd code of criminal procedure, as amended by Act No. 457/2008 Sb.
28B) § 460zj code of criminal procedure, as amended by Act No. 457/2008 Sb.
29) section 51 of the criminal code.
30) section 52 of the criminal code.
31) § 346 paragraph. 1 of the code of criminal procedure, as amended by law No 558/1991.
31A) § 460zi paragraph. 5 of the code of criminal procedure, as amended by Act No. 457/2008 Sb.
section 460zi paragraph 31B). 4 of the code of criminal procedure, as amended by Act No. 457/2008 Sb.
32) section 13 of Act No. 102/1992 Coll., to regulate certain issues
associated with the release of Act No. 509/1991 Coll., which amends, supplements
and adjusts the civil code.
33) section 116 of the civil code.
34) Law No. 71/1967 Coll., on administrative proceedings (administrative code), as amended by
Act No. 29/2000 Sb.
for example, section 35) 3 to 7 and 9 to 10a of Act No. 526/1990 Coll.
for example, section 36) 1124 of the civil code.
38A) § 9 (2). 1 of Act No. 13/1997 Coll., on the road,
amended by Act No. 132/2000 Sb.
40) Law No. 26/2000 Coll., on public auctions.
41A) § 2 (2). 1 (a). l) the building Act.
41A) section 108 of the construction law.
44) § 3 to 7 and 9 to 10a of Act No. 526/1990 Coll.
45) Law No 90/2012 Coll., of the commercial companies and cooperatives
(Business Corporations Act).
48) § 2716 to 2746 of the civil code.
§ 49) 2747 to 2755 of the civil code.
section 3051 51) of the civil code.
56) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended.
57A), for example, Decree No 136/1985 Coll., on financial, credit and other
help the cooperative and individual housing construction and modernisation of
family houses in personal ownership, as amended.
59) for example, Act No. 87/1991 Coll. on extra-judicial rehabilitation, in
as amended, Act No. 229/1991 Coll., on the adjustment of ownership
relationship to the land and other agricultural property as amended
regulations.
§ 64 paragraph 580). 1 of the civil code.
65) Law No 82/1998 Coll., on liability for damage caused in the performance of
of public authority by a decision or incorrect official procedure and amendment
the law of the Czech National Council No. 358/1992 Coll., on notaries public and their activities
(the notarial regulations).
65A) for example, Act No. 320/2001 Coll., on financial control in the public
management and on amendments to certain acts (the Act on financial control).
66) Act No. 552/1991 Coll., on State control, as amended
regulations.
§ 8 paragraph 67). 1 of the criminal procedure code, as amended.
68) for example, Act No. 555/1992 Coll., on the prison service and of the judicial
the guard of the Czech Republic, as amended by Act No. 293/1993 Coll.
69) section 31 of Act No. 576/1990 Coll., on rules for the management of
the budgetary resources of the Czech Republic and municipalities in the Czech Republic
(the budgetary rules of the Republic), as amended by Act No. 10/1993 Coll., section 5
paragraph. 1 (a). j) Act No. 425/1990 Coll., as amended by Act No. 254/1994
Coll. section 6 of Act No. 564/1990 Coll. on State administration and self-government in the
education, as amended by Act No. 139/1995 Sb.
70) section 26 et seq.. Act No. 18/1997 Coll.
§ 64 paragraph 71). 2 economic code.
§ 64 paragraph 72). 3 economic code.
§ 65, paragraph 73). 3 economic code.
74) § 761 paragraph. 1 of the commercial code.
75) section 3 (3). 2 of Act No. 114/1993 Coll., on the Office of the President
of the Republic. section 3 (3). 2 of the Act No. 283/1992 Coll., on the Czech Academy of Sciences
of the Republic.
76) Law No. 77/1997 Coll., on the State of the enterprise, in the wording of Act No.
220/2000 Sb.
77) for example, Act No. 113/1993 Coll., on children and Youth Fund, as amended by
Act No. 220/2000 Coll., Act No. 239/1992 Coll. on the State Fund of culture
Of the Czech Republic.
79) section 20 (2). 3 of Act No. 77/1997 Coll., on the State of the business.
80) section 67 of Act No. 367/1990 Coll., on municipalities (municipal establishment), as amended by
amended. section 36 of Act No. 418/1990 Coll., on the capital
Prague.
§ paragraph 81) 761. 2 of the commercial code.
Article 82). (III) point 4 of Act No. 98/1988 Coll., amending and supplementing
the marketing code.
§ 876 paragraph 83). 1 of the civil code.
84) § 659 et seq.. of the civil code.
85) § 21. 4 Act No. 72/1994 Coll., as amended by Act No. 103/2000 Sb.
86) § 3 (b). (c)) Decree No. 137/1998 Coll., on general technical
requirements on construction.
87) § 10 (1). 2 Decree No 137/1968 Coll., on financial, credit and other
help the cooperative and individual housing construction.
88) Act No. 167/1998 Coll., on addictive substances and amending certain
other laws, as amended.
section 38, paragraph 89). 2 of law No 273/2008 Coll., on the police of the Czech Republic.
§ 1257, paragraph 90). 2 of the civil code.
3023) section 91 of the civil code.
92) § 1029 to 1036 of the civil code.
§ 2307 paragraph 93). 1 of the civil code.
1895, paragraph 94) section. 1 of the civil code.
for example, § 95) 1743 paragraph. 1 of the civil code.