303/Sb.
LAW
of 12 October. September 2013,
amending certain laws in connection with the adoption of the recodification of the
private law
Change: 115/2015 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment of the Act on fire protection
Article. (I)
Act No. 133/1985 Coll., on fire protection, as amended by Act No. 425/1990
Coll., Act No. 41/1994 Coll., Act No. 209/1994 Coll., Act No. 167/1998
Coll., Act No. 71/2000 Coll., Act No. 242/2000 Coll., Act No. 320/2002
Coll., Act No. 413/2005 Coll., Act No. 186/2006 Coll., Act No. 262/2006
Coll., Act No. 281/2009 Coll., Act No. 341/2011 Coll., Act No. 350/2011
Coll. and Act No. 350/2012 Coll., is amended as follows:
1. The heading above paragraph 82: "damages".
2. section 82 is added:
"§ 82
A natural person has the right to compensation for damages suffered when the help
granted, at the fire-fighting. ".
3. In § 83 para. 1 the term "material" is deleted.
4. In § 83 para. 2 the term "material" is deleted.
5. In article 84, paragraph 1 reads:
"(1) the compensation referred to in section 83 provides and decides on her fire
rescue of the County in whose territorial jurisdiction the fire originated or
the exercises were held fire protection units, except as specified in paragraph
2. ".
6. In article 84, paragraph 1, the following paragraph 2 is added:
"(2) compensation, legal or natural person, suffered when
assistance provided when fighting a fire at the prompt of the municipality under section 19,
provides and decides on it. ".
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
7. In article 84 paragraph. 3, the word "material" is deleted.
8. In article 84 paragraph. 4, ' 82 and ' shall be deleted.
9. In paragraph 84, the following paragraph 5 is added:
"(5) the physical person, compensation for damages suffered in connection with the
assistance provided under section 82 shall be granted under the civil
code. ".
PART TWO
Amendment of the Act on State protection
Article. (II)
Law No. 20/1987 Coll. on State heritage preservation, as amended by Act No.
242/1992 Coll., Act No. 363/1999 Coll., Act No. 121/2000 Coll., Act No.
132/2000 Coll., Act No. 143/2001 Coll., Act No. 320/2002 Coll., Act No.
18/2004 Coll., Act No. 186/2004 Coll., Act No. 1/2005 Coll., Act No.
3/2005 Coll., Constitutional Court declared under no 240/2005 Coll.
Act No. 186/2006 Coll., Act No. 203/2006 Coll., Act No. 160/2007 Coll.
Act No. 124/2008 Coll., Act No. 189/2008 Coll., Act No. 307/2008 Coll.,
Law No 223/2009 Coll., Act No. 227/2009 Coll., Act No. 124/2006.
and Act No. 142/2009 Coll., is amended as follows:
1. In article 2, paragraph 1, the following paragraph 2 is added:
"(2) under the conditions referred to in paragraph 1 (b). a) or b) can be used as a cultural
memory separately declare construction that is not a separate thing, or
file structures; even such a cultural monument is considered an immovable
cultural memory. ".
The former paragraph 2 becomes paragraph 3.
2. in article 2, paragraph 3 reads:
"(3) a cultural monument can declare a set of things or structures, even if
some of them do not show signs of cultural monuments, in accordance with paragraph 1. ".
3. the title of section 3 reads: "Declaring cultural monuments".
4. In article 3, paragraph 3. 1, the word "stuff" the words "or of the building".
5. In section 3, paragraph 3. 2 the words "the owner of the things" shall be replaced by
the "owner", the words "a statement of the case" shall be replaced by the words "the Declaration
his case or the construction of the "and the words" intends to thing "are replaced by the words" intends to
his business or building ".
6. In section 3, paragraph 3. 3, the word "things" be deleted and the word "thing" is replaced by
the words "my case or building".
7. In paragraph 3, at the beginning of paragraph 4, the following sentence "in the decision to
Declaration of immovable property for the cultural heritage Ministry of culture may
at the same time noted that the project is explicitly listed cultural monument
just don't happen, although the land on which they are established, for cultural
keepsake declares. "and after the word" things "are the words" or of the building ".
8. In section 3, paragraph 3. 5, after the words "the owners of the things" the words "or
buildings ", after the word" matters "with the words" or the construction sites "and the words
"a tour of the things" shall be replaced by the words "a tour of these things or
buildings ".
9. in section 3, paragraph 3. 6, after the word "things" the words "or buildings."
10. In paragraph 7 (2). 3, the word "stuff" the words "or of the building".
11. in paragraph 7, the following paragraph 7a is inserted:
"§ 7a
The Ministry of culture may, at the request of the owner of the building, which was established
Subsequently, the property is already protected as a cultural monument, or
the official may decide that this building is not a cultural monument ".
12. In the heading of section 8 and section 8 (2). 1 and 5, after the words "the things" shall be replaced
"or the".
13. in § 8 para. 2 the second sentence, the word "Affairs" is deleted.
14. in § 9 para. 4, the word "thing" is replaced by "converts it converts" and
the word "thing" is deleted.
15. In paragraph 13 the end of the text of paragraph 1, the words "shall be added; If
a national cultural monument, the construction only, which is not a separate thing,
subject to the law of the State on preferential purchase of real estate, which is
part of the national cultural monument ".
16. in § 13 para. 3, after the word "offer", the words "referred to in paragraph
1 ", the words" cultural heritage "shall be replaced by the word" thing "and the words
"cultural heritage" shall be replaced by the word "accepts" accepts ".
17. in § 14a para. 1 the words "having the capacity to perform legal acts" are replaced by
the word "competent".
18. in § 14a para. 10 (a). and) the words "deprived of the legal
capacity or has the capacity to perform legal acts is limited "is replaced by
the words "limited in incapacitation".
19. in § 14a para. 11 (a). (b)) the words "the deprivation or limitation of its
competence to perform legal acts "shall be replaced by" limitations of incapacitation ".
20. in article 18 paragraphs 1 and 2 shall be added:
"(1) the construction, which is a cultural monument, can be moved only with the prior
the approval of the regional authority of the professional organization of the State
heritage preservation.
(2) a movable thing, which is a cultural monument, can be from a publicly available
space permanently move only with the prior consent of the regional office after
expression of the professional organization of the State historic preservation. ".
21. in § 32 para. 2 (a). (e)) the words "a statement of affairs for the cultural
sights "are replaced by" saying cultural monuments ".
22. in section 35 para. 1 (b). and), after the words "does not protect the thing" the words
"or construction", the word "things" shall be deleted and the words "intends to thing"
the words "or building".
23. in section 35 para. 1 (f)) repealed.
Subparagraph g) and (h)) shall become points (f) and (g))).
24. In § 35 para. 2 letter d) is added:
"d) moves without the prior consent of the regional office structure, which is
monument, or permanently without the prior consent of the Regional Office
moved from a publicly accessible space matter, which is a cultural
monument ".
25. In § 39 para. 1 (b). and), after the words "does not protect the thing" the words
"or construction", the word "things" shall be deleted and the words "intends to thing"
the words "or building".
26. in § 39 para. 2 (c)):
"c) moves without the prior consent of the regional office structure, which is
monument, or permanently without the prior consent of the Regional Office
moved from a publicly accessible space matter, which is a cultural
monument ".
27. in section 43a paragraph. 2 (a). I) and section 43a paragraph. 3 (b). I), the words
"the deprivation or restriction of legal capacity" are replaced by the words
"limitation of incapacitation".
Article. (III)
Transitional provision
The current scope of the protection of the building or land as cultural monuments is not
without prejudice to the fact that under the civil code the building became part of the
a plot of land.
PART THREE
Amendment of the Act on prices
Article. (IV)
Act No. 526/1990 Coll., on prices, as amended by Act No. 135/1994 Coll.
Act No. 151/1997 Coll., Act No. 29/2000 Coll., Act No. 143/2001 Coll.,
Act No. 280/2002 Coll., Act No. 124/2003 Coll., Act No. 356/2003 Coll.,
Act No. 484/2004 Coll., Act No. 217/2005 Coll., Act No. 377/2005 Coll.
law no 230/2006 Coll., Act No. 261/2007 Coll., Act No. 183/2008 Coll.,
Law No. 403/2009 Coll., Act No. 457/2011 Coll. and Act No. 18/2009 Coll.,
is amended as follows:
1. In article 1 (1). 2 (a). (b)), the word "identified" is replaced by
"required".
2. In article 13a the first sentence, the words "sale" shall be deleted.
PART FOUR
Amendment of the law on inventions and rationalization proposals
Article. In
In section 69 of Act No. 527/1990 Coll., on inventions and rationalization proposals, in
amended by Act No. 116/2000 Coll. and Act No. 211/2000 Coll., paragraph 2
Insert a new paragraph 3, including footnote No. 6 reads as follows:
"(3) Note controversial under the civil code a ^ 6) can apply to only
a record in the register, which is characterized by the handling of a patent as
the subject of ownership.
6) § civil code 986. ".
The former paragraph 3 shall become paragraph 4.
PART FIVE
Amendment to the Trade Licensing Act
Article. (VI)
Act No. 455/1991 Coll., on trades (Trade Act),
as amended by Act No. 234/1992 Coll., Act No. 586/1992 Coll., Act No.
600/1992 Coll., Act No. 273/1993 Coll., Act No. 303/1993 Coll., Act No.
38/1994 Coll., Act No. 42/1994 Coll., Act No. 133/1994 Coll., Act No.
200/1994 Coll., Act No. 237/1995 Coll., Act No. 283/1995 Coll., Act No.
94/1996 Coll., Act No. 95/1996 Coll., Act No. 147/1996 Coll., Act No.
19/1997 Coll., Act No. 49/1997 Coll., Act No. 61/1997 Coll., Act No.
79/1997 Coll., Act No. 217/1997 Coll., Act No. 277/1997 Coll., Act No.
15/1998 Coll., Act No. 82/1998 Coll., Act No. 157/1998 Coll., Act No.
167/1998 Coll., Act No. 159/1999 Coll., Act No. 359/1999 Coll., Act No.
363/1999 Coll., Act No. 360/1999 Coll., Act No. 363/1999 Coll., Act No.
27/2000 Coll., Act No. 29/2000 Coll., Act No. 121/2000 Coll., Act No.
122/2000 Coll., Act No. 121/2000 Coll., Act No. 128/2000 Coll., Act No.
149/2000 Coll., Act No. 151/2000 Coll., Act No. 155/2000 Coll., Act No.
247/2000 Coll., Act No. 247/2000 Coll., Act No. 258/2000 Coll., Act No.
308/2000 Coll., Act No. 367/2000 Coll., Act No. 406/2000 Coll., Act No.
458/2000 Coll., Act No. 100/2001 Coll., Act No. 120/2001 Coll., Act No.
164/2001 Coll., Act No. 257/2001 Coll., Act No. 273/2001 Coll., Act No.
477/2001 Coll., Act No. 483/2001 Coll., Act No. 501/2001 Coll., Act No.
86/2002 Coll., Act No. 119/2002 Coll., Act No. 174/2002 Coll., Act No.
281/2002 Coll., Act No. 312/2002 Coll., Act No. 320/2002 Coll., the award
The Constitutional Court declared under no. 476/2002 Coll., Act No. 88/2003 Coll.
Act No. 130/2003 Coll., Act No. 161/2003 Coll., Act No. 222/2003 Coll.,
Act No. 228/2003 Coll., Act No. 274/2003 Coll., Act No. 356/2003 Coll.,
Act No. 441/2003 Coll., Act No. 38/2004 Coll., Act No. 119/2004 Coll.
Act No. 167/2004 Coll., Act No. 256/2004 Coll., the Act No. 326/2004 Coll.
Law No. 499/2004 Coll., Act No. 695/2004 Coll., Act No. 58/2005 Coll.
Act No. 95/2005 Coll., Act No. 127/2005 Coll., Act No. 216/2005 Coll.
Act No. 253/2005 Coll., Act No. 361/2005 Coll., Act No. 428/2005 Coll.,
Act No 444/2005 Coll., Act No. 62/2006 Coll., Act No. 76/2006 Coll.
Act No. 109/2006 Coll., Act No. 115/2006 Coll., Act No. 135/2006 Coll.
Act No. 159/2006 Coll., Act No. 165/2006 Coll., Act No. 179/2006 Coll.
Act No. 186/2006 Coll., Act No. 191/2006 Coll., Act No. 212/2006 Coll.
Act No. 216/2006 Coll., Act No. 225/2006 Coll., Act No. 309/2006 Coll.
Law No 315/2006 Coll., Act No. 160/2007 Coll., Act No. 261/2007 Coll.
Act No. 270/2007 Coll., Act No. 296/2007 Coll., Act No. 130/2008 Coll.,
Act No. 189/2008 Coll., Act No. 230/2008 Coll., Act No. 254/2008 Coll.,
Act No. 274/2008 Coll., Act No. 227/2009 Coll., Act No. 285/2009 Coll.,
Act No. 145/2010 Coll., Act No. 155/2010 Coll., Act No. 160/2010 Coll.,
Act No. 424/2010 Coll., Act No. 427/2010 Coll., Act No. 73/2007 Coll.
Act No. 152/2007 Coll., Act No. 350/2011 Coll., Act No. 351/2007 Coll.
Act No. 355/2007 Coll., Act No. 375/2007 Coll., Act No 420/2007 Coll.
Act No. 428/2007 Coll., Act No. 458/2011 Coll., Act No. 53/2010 Coll.,
Act No. 119/2009 Coll., Act No. 167/2009 Coll., Act No. 169/2009 Coll.,
Act No. 199/2009 Coll., Act No. 202/2009 Coll., Act No. 221/2009 Coll.,
Law No. 407/2012 Coll. and Act No. 234/2013 Coll., is amended as follows:
1. In article 3, paragraph 3. 3 (b). and) any reference to footnote No. 53
replaces the reference to the footnote No. 55.
Footnote # 53 with the text "Law No 427/2007 Coll.
the supplementary pension savings. "is referred to as a footnote.
55.
2. In article 3, paragraph 3. 3 (b). AI), the reference to footnote No. 53
replaces the reference to the footnote No. 55a.
Footnote # 53 with the text "of the law No. 372/2007 Coll.
health services and conditions of their provision (law on
health services) "is referred to as footnote No. 55a.
3. In article 3, paragraph 3. 3, in the letter, etc) with the text "implementation specialist
phytosanitary activities under a special legal regulation ^ 53) "
the reference to the footnote # 53 is replaced by a note under
line no. 56.
Footnote # 53 with the text "section 81 of the Act No. 326/2004
Coll., on phytosanitary care and amendments to some related laws,
as amended by Act No. 199/2009 Sb. "is referred to as a footnote.
56.
4. In article 3, paragraph 3. 3 point, etc) with the text "the operation of postal services
and foreign postal services under special legislation, "
referred to as the letter of the ak) and including footnote No. 57:
"ak) the operation of the postal service and foreign postal services
under special legislation ^ 57).
57) Act No. 29/2000 Coll. on postal services and amending certain
laws (the law on postal services), as amended. ".
5. § 5 para. 5, the word "undertaking" ^ 24 c) "by the words" commercial
the plant (hereinafter referred to as "the race") ^ 24 c) ".
Footnote No. 24 c:
"24 c) of section 502 of the civil code.".
6. in § 5 para. 6, the words "United Party" be replaced by "citizen of the United
of the Republic ".
7. In paragraph 6 of paragraph 1, including footnote # 58:
"(1) the terms and conditions of trade of natural persons,
unless this Act provides otherwise, the
and full legal capacity), which you can replace the consent of the Court to consent
the legal representative of a minor to a stand-alone operating business
^ 58) activities, and
b) integrity.
58) section 33 of the civil code. ".
8. In section 6 (1). 3, the first sentence is replaced by the phrases "the integrity of the
for citizens of the Czech Republic proves the statement of criminal records
and in the case of persons who are citizens of another Member State of the European Union,
papers according to § 46 para. 1 (b). and for people), that are not citizens of the United
Republic or another Member State of the European Union, with integrity
shows documents pursuant to § 46 para. 1 (b). (b)) and an excerpt from the register
Criminal record, unless it is about the people who have on the territory of the United
permanent residence permit; you demonstrate integrity as well as
citizens of the United States. ".
9. In paragraph 7 (2). 4, § 7 (2). 5 (b). (e)), § 8 para. 1 (b). a) and b), section 10
paragraph. 4, § 11 (1) 4 (b). (b)), § 17 para. 5 (b). (c)), § 31 para. 11, §
paragraph 45. 2 (a). (c)), § 45 para. 3 (b). (c)), § 46 para. 1 (b). (e)), § 46
paragraph. 2 (a). (e)), and (g)), § 47 para. 2 (a). and), § 47 para. 3 (b). a), §
48 para. 1, § 60 para. 2 (a). and) and § 62 para. 1 (b). (j)), the word
"company" shall be replaced by "race".
10. In section 10, paragraph 1. 4 the part of the sentence after the semicolon including the semicolon and including
footnote # 28 repealed.
11. in section 10, paragraph 1. 5 the first sentence, after the words "or the like"
the words "on the basis of another act in such
the register recorded ".
12. in section 10 paragraph 6 is added:
"(6) a trade licence to a natural person, that has not been
assigned the identification number of the person, gives it a Trade Office
person identification number provided by the registry administrator of the basic
people ^ 28 d). ".
13. in article 11, paragraph 3 is added:
"(3) the Responsible representative cannot be a person who takes an obstacle
trade pursuant to section 8. Responsible representatives in the field or
business related field cannot be a person that has been cancelled
business permission according to § 58 para. 2 or 3, and for a period of 1 year
from the decision on the cancellation of the trade licence; It
does not apply if the trade licence was cancelled due to the business
has not been operated for more than 4 years. Responsible representatives of the
the legal entity cannot be a member of the Supervisory Board or another control
of an organ of the legal person. ".
14. section 12 is repealed.
15. section 13 including title and footnote # 26, 28a, 29, 59 and 60
added:
"section 13
The continuation of the operation of a business on the death of the entrepreneur
(1) the death of a businessman, can continue in the trade for
the conditions laid down in paragraphs 2 to 5 until the end of proceedings on
discussion of heritage
and the administrator of the estate, or), the executor of the will, he belongs to the management of
estate ^ 29),
(b) the heirs by law) if there is a will, the heirs of the
(c)) the heirs of wills and the surviving spouse or partner ^ 28a), even if it is not
the heir, is a co-owner of the assets used to operate the
trades,
(d) the insolvency practitioner appointed by the Court) according to a special legal
prescription ^ 26), but no longer than until the termination of the insolvency proceedings, and
winding-up administrator ^ 59),
(e)) the surviving spouse or partner ^ 28a) satisfying the condition specified in
subparagraph (c)), if the business does not stay the heirs, or
f) trustee ^ 60), if it was a race for the acquisition of death
inserted into the Trust Fund.
(2) if the administrator of the estate called the deceased entrepreneur, or
the executor of the will, he belongs to the administration of the estate, or the person
referred to in paragraph 1 (b). b), c), or (e)) intends to continue
trade based on the permissions of the deceased entrepreneur, is
required to notify this fact to the Trade Office within 3 months
After the death of a businessman, unless otherwise provided by this Act. If this
the period expires in vain, the trade licence of the deceased entrepreneur
on the day of his death, if not in trade Manager
the estate appointed by a court, the trust, the insolvency or winding-up
administrator. Does not satisfy the person referred to in the first sentence, which intends to
to continue the operation of the trade, the conditions set out in section 6 or 7 or
If there are obstacles to it under section 8, or if he does not stay on the territory of the United
of the Republic, the law requires it, it is obliged to immediately
appoint a representative.
(3) If the person referred to in paragraph 2, first sentence, which announced by
paragraph 2, the continuation of the operation of a business, has decided to continue to
not to continue in trade on the basis of trade licence
the deceased entrepreneur, it shall notify the Trade Office.
Permission to continue operating her business ceases to exist on the date of delivery of the
notification of the Trade Office, and does not continue in the trade
other competent person referred to in paragraph 1, shall be extinguished by this day and
the trade licence of the deceased entrepreneurs.
(4) the trustee appointed by the Court, the trust, insolvency or
winding-up administrator is obliged to announce the continuation of the operation of a
trades within 1 month from the date of the death of a businessman, and if he was to
function established later, within 1 month from the date when this function
appointed. Does not satisfy the trustee appointed by the Court,
the trust or the insolvency practitioner the conditions laid down in section 7, shall be obliged to
shall immediately appoint a responsible representative.
(5) If the trade licence of the deceased entrepreneur nezaniklo according to
paragraph 2 or 3, may after the end of the proceedings on the estate to continue the
trade the person referred to in paragraph 1 (b). b), c), or (e)),
If it proves that acquired property rights relating to the
operation of a business, even if they did not report the continuation of the operation of a
trades in accordance with paragraph 2. The continuation of the operation of a business must
person within 3 months from the end of the proceedings on the estate to notify the
the Trade Office and at the same time trade or to submit a request for
concession pursuant to this law, otherwise the right to continue her pursuit of
trades are eliminated the mere lapse of this period. The right to continue
the person ceases to trade, which announced a continuation in the
trade under the second sentence, no later than the date of its own
Trade license or in reporting trades by decision
the Trades Licensing Office pursuant to § 47 para. 5 or 6 and for franchises
trades by stopping the proceedings or refusing an application for a concession.
The trade licence of the deceased entrepreneur shall cease the mere lapse of
the three-month period referred to in the second sentence, or on the date of expiration of the
to continue the operation of the business, the last of the ongoing people.
(6) for the requirements of the notification referred to in paragraphs 2 to 5 shall apply section 45, 46
and 50 apply mutatis mutandis.
(7) for the purposes of entry in the trade register Court shall provide to the
the request of the Trade Office, an indication of the final termination of the proceedings on the
the estate of a deceased entrepreneurs.
26) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended.
28A) Act No. 115/2006 Coll., on registered partnership and amending
some related laws, as amended.
29) § 1553 to 1560 of the civil code.
section 157 to 159 of the Act No. 292/2013 Coll., on special procedures the Court.
59) § 197, 203-205 of the Act No. 292/2013 Coll., on special procedures
judicial.
60) section 1448 to 1456 of the civil code. ".
16. in section 17(2). 3 the first sentence, the words "If an entrepreneur has
the ownership or the right of use "is replaced by" If the entrepreneur has
the legal reason for their use, "and the second in the sentence, the words" property
or the right of use to the objects or rooms "are replaced by the words" legal
reason for taking ".
17. in section 17(2). 5 (b). (c)), the words ", where appropriate, place of business"
shall be deleted.
18. in section 17(2). 7, the words "or place of business ' are deleted.
19. in paragraph 2 of section 31, including footnote # 53:
"(2) the operator is required to clearly indicate the business name, if applicable
name, or first and last name and identification number of the object, in which the
has its registered office, if different from the residence (§ 5 para. 2), and a foreign person
organizational unit of the plant, if it is established. An entrepreneur is obliged to
the request of the Trade Office to prove the legal reason for the use of space,
in which it has its registered office in the Czech Republic and a foreign person
organizational folder of the race. An entrepreneur may not prove legal reason
for the use of the premises in which he has registered in the Czech Republic, if the
the seat of the identical to your residence (§ 5 para. 2), except that
the residence is at the headquarters of aircraft ^ 53), a special register ^ 53) or on
the address of the registered office of the administrative authority ^ 54) that officially abolished the indication of
the reporting of the stay on the territory of the Czech Republic.
53) § 10 para. 5 and § 10a of Act No. 133/2000 Coll., as amended
regulations. ".
20. in § 31 para. 11, the words "place of business" shall be deleted.
21. in § 31 para. 16, the last sentence is replaced by the phrase "an address for
settlement of obligations cannot be the address of the place of residence of the entrepreneur, if this is
the address of the registered office of aircraft ^ 53), a special register ^ 53) or the address of the registered office
administrative authority ^ 54); This does not apply if the entrepreneur can prove legal reason
for the use of space in those addresses. ".
22. in § 45 para. 2 (a). a), (c)) and (d)) and in section 45 para. 3 (b). and the words)
"house number and orientation, if it was assigned" shall be replaced by "the number of the
descriptive or registration, where applicable, the indicative number ".
23. the footnote No. 36a:
"36a) § 503 paragraph. 2 of the civil code. ".
24. In § 45 para. 2 (a). (d)), § 47 para. 2 (a). (d)) and in section 60 paragraph. 2
(a). and) the words "place of business" shall be replaced by ' its seat '.
25. In § 45 para. 2 (a). j), the words "place of business" shall be replaced by
"registered office".
26. in § 46 para. 1, letter a) is added:
"and if a citizen) is a Member State of the European Union, a statement from
Register of criminal records, or an equivalent document issued by a competent judicial or
the administrative authority of that State or of a Member State of the last stay,
or an extract from the criminal register with annex ^ 25b) containing
the information that is registered in the register of criminal records of the Member State whose
is a citizen, or the Member State whence; If the Member
the State of the last residence of Czech Republic, proceed under section 6 (1).
3 the second sentence. If the State does not issue the extract from the register of criminal offences or
an equivalent document, a natural person shall submit to the affidavit of
integrity made before a notary public or any other competent authority
the Member State of which he is a citizen of, or before a notary or other
the competent authority of the Member State of the last stay. These papers
must not be older than 3 months; document referred to in this subparagraph may be
replaced by proof of recognition of professional qualifications, if it is
meet the conditions of integrity, ".
27. in § 46 para. 1 (b). (b)) and in § 46 para. 2 (a). (b)),
"notary public or" the words "other relevant".
28. in § 46 para. 1 (b). (b)), after the words "the State referred to in subparagraph (a))"
the words "and if he is not on the territory of the United States permanent
stay ".
29. in § 46 para. 1 letter c) is added:
"(c)) is a responsible representative of the citizen of a Member State of the European Union,
documents referred to in point (a)), if the responsible representative of the citizen of another State
than the Member State of the European Union, and if he is not on the territory of the Czech Republic
permanent residency, the documents referred to in subparagraph (b)); These documents shall not be
older than 3 months ".
30. In § 46 para. 1 (b). (e)), the word "undertaking" shall be replaced by the word "race".
31. in § 46 para. 1 letter f) is added:
"(f)) document proving legal reason for the use of the space in which the
She placed the head office, if different from the residence (§ 5 para. 2), or if it has
residence at the headquarters of aircraft ^ 53), a special register ^ 53) or on
the address of the registered office of the administrative authority ^ 54), or in which she placed on the territory of the
The United States Branch of the race of foreign persons; to substantiate the
the legal reason for the use of the space is sufficient written declaration
the owner of the property, dwelling or non-residential premises, where are the spaces
put that with the location ".
32. In § 46 para. 2 at the end of the text of the letters a) and b), the words ";
These documents must not be older than 3 months ".
33. In § 46 para. 2 (c)):
"(c)) is a responsible representative of the citizen of a Member State of the European Union,
the documents referred to in paragraph 1 (b). and if), it is the responsibility of the representative of the citizen
of a State other than the Member State of the European Union, and if he is not on the territory of the United
Republic of permanent residency, the documents referred to in paragraph 1 (b). (b)); These
the documents must not be older than 3 months ".
34. In article 46, paragraph 3 reads:
"(3) the announcement of a minor, which was granted by the Court
the legal capacity of the Court or the consent of the legal representative dwelt upon the
stand-alone operation of business activities, showing whether or not the decision of the
the Court for the award of a public or consent of the Court to the legal
representative. ".
35. In paragraph 46, the following paragraph 6 is added:
"(6) the declarant is not required to connect to the documents specified in announcements
paragraphs 1 and 2, if the facts are ascertainable from ALT
Basic registers. ".
36. In § 48 para. 1, § 49 para. 4 and § 56 para. 5, the words "places
business "is replaced by" headquarters "and § 49 paragraph 1. 4 and § 56 para. 5
the words "place of business" shall be replaced by ' its seat '.
37. the footnote No 31f is repealed, and including a link to
footnote.
38. In § 58 para. 1, letter a) is added:
"and no longer meets the conditions) entrepreneur according to § 6 paragraph 1. 1 (b). and) or
b),“.
39. In § 58 para. 1 (b). (b)), the word "or" is deleted.
40. In § 60 para. 9 letter h) is added:
"h) limitation of incapacitation.".
41. In section 60 paragraph 10 is added:
"(10) Provided the information referred to in paragraph 7 (b). (c)) are
and) the name or names, surnames, their change, maiden name,
(b)) date of birth,
c) gender,
d) place and State of birth,
e) social security number, if assigned,
f) country of citizenship,
(g)) the type and address of the place of stay
h) number and validity of the residence permit,
even the beginning of the stay, if applicable) date of the termination of the stay,
j) limitation of incapacitation,
k) administrative or judicial expulsion and the period for which it is not allowed to enter
on the territory of the Czech Republic,
l) date, place and County of death; in the case of deaths outside the United
the Republic, the State on whose territory the death occurred, or the date of death,
m) day, who was in the Court decision on the Declaration of death listed
as the day of death or the date on which a data subject. ".
42. In § 61 para. 1, letter a) is added:
"and as the administrator of the estate) called the deceased entrepreneur, or
the executor of the will, he belongs to the administration of the estate, or the person
referred to in § 13 para. 1 (b). b), c), or (e)) in violation of § 13 para. 2
has failed to appoint a representative, or "responsible.
43. In § 61 para. 1 (b). (b)), the words "the administrator of heritage" shall be replaced by
"the trustee appointed by the Court, the trust, the winding-up".
44. In § 62 para. 1 (b). (e)), point 1, the words "the ownership or exploitation
the right to the objects or rooms "are replaced by the words" the legal grounds for
the use of ".
45. In § 62 para. 1 (b). j), the words "place of business" shall be deleted.
46. the footnote # 41:
"41) § 420 and 421 of the civil code.".
47. in annex No. 2 TRADE BOUND for business ' Valuation
asset for the "with the word" business "in the first column is replaced by the words
"commercial establishment" and in the second column, the word ' Enterprise ' shall be replaced by the words
"business establishment".
48. In annex 5 list of trades, whose performance is an entrepreneur is obliged to
only natural persons that meet the qualifications, and
professional competence for the pursuit of such activities (§ 7 para. 6), the words
"§ 2 and § 23 of the commercial code" listed in the second column shall be replaced by
the words "paragraph 420 of the civil code".
Article. (VII)
Transitional provisions
1. the proceedings initiated before the date of entry into force of this law shall be completed
pursuant to Act No. 455/1991 Coll., in the version in force from the date of entry into force of
of this Act.
2. the Trade Licensing Office shall register the change data to the trade
Register, induced effect of this Act, not later than one month from the
the effective date of this Act.
PART SIX
Amendment of the Act on the protection of topographies of semiconductor products
Article. (VIII)
In section 16 of Act No. 529/1991 Coll., on the protection of topographies of semiconductor
products, after paragraph 2, insert a new paragraph 3, including notes
footnote 4:
"(3) Note controversial under the civil code ^ 4) can apply to only
a record in the register, which is characterized by the management of registered topographies
as the subject of ownership.
4) § civil code 986. ".
The former paragraph 3 shall become paragraph 4.
PART SEVEN
Amendment of the Act on municipal police
Article. (IX)
Act No. 553/1991 Coll. on the municipal police, as amended by Act No. 67/1993
Coll., Act No. 166/1993 Coll., Act No. 83/1995 Coll., Act No. 152/1995
Coll., Act No. 132/2000 Coll., Act No. 312/2002 Coll., Act No. 320/2002
Coll., Act No. 262/2006 Coll., Act No. 274/2008 Coll., Act No. 480/2008
Coll., Act No. 227/2009 Coll., Act No. 427/2010 Coll., Act No. 375/2011
Coll., Act No. 142/2012 Coll. and Act No. 494/2012 Coll., is amended as follows:
1. in § 5 para. 3 (b). and) the words ", the competence to perform legal acts
or limitation of competence to perform legal acts "shall be replaced by the words" or
limitation of incapacitation ".
2. In section 11a. 3 (b). g), the words "the deprivation or limitation of eligibility
legal capacity "are replaced by the words" limitation of incapacitation ".
3. In section 11a. 4 (c)):
"(c)) the restriction of incapacitation".
4. in section 24 para. 1 and 2, the words "responsible for" is replaced by "is
required to replace ".
5. § 24 para. 2, the words "this liability" shall be replaced by
"the obligation to pay compensation".
6. in section 24 para. 3 and 5, the words "the" are replaced by the words "is
required to replace also ".
7. In article 24, paragraph 4 reads:
"(4) if the injured party in connection with the granting of aid under the
paragraph 2 to injury or death, the scope and amount of compensation
damages under the civil code. In cases worthy of special attention
In addition to compensation under the Civil Code provide a single
extraordinary compensation. ".
PART EIGHT
Amendment of the Act on the Organization and implementation of social security
Article. X
Act No. 582/1991 Coll., on the Organization and implementation of social security,
as amended by Act No. 586/1992 Coll., Act No. 38/1993 Coll., Act No.
160/1993 Coll., Act No. 308/1993 Coll., Act No. 241/1994 Coll., Act No.
118/1995 Coll., Act No. 160/1995 Coll., Act No. 138/1997 Coll., Act No.
306/1997 Coll., Act No. 93/1998 Coll., Act No. 222/1999 Coll., Act No.
356/1999 Coll., Act No. 360/1999 Coll., Act No. 18/2000 Coll., Act No.
29/2000 Coll., Act No. 132/2000 Coll., Act No. 133/2000 Coll., Act No.
155/2000 Coll., Act No. 155/2000 Coll., Act No. 220/2000 Coll., Act No.
238/2000 Coll., Act No. 258/2000 Coll., Act No. 408/2000 Coll., Act No.
116/2001 Coll., the Act No. 353/2001 Coll., Act No. 151/2002 Coll., Act No.
263/2002 Coll., Act No. 265/2002 Coll., Act No. 309/2002 Coll., Act No.
320/2002 Coll., Act No. 519/2002 Coll., Act No. 361/2003 Coll., Act No.
424/2003 Coll., Act No. 422/2003 Coll., Act No. 461/2003 Coll., Act No.
53/2004 Coll., Act No. 167/2004 Coll., Act No. 283/2004 Coll., Act No.
359/2004 Coll., Act No. 435/2004 Coll., Act No. 501/2004 Coll., Act No.
168/2005 Coll., Act No. 361/2005 Coll., Act No. 381/2005 Coll., Act No.
413/2005 Coll., Act No. 24/2006 Coll., Act No. 70/2006 Coll., Act No.
81/2006 Coll., Act No. 109/2006 Coll., Act No. 112/2006 Coll., Act No.
161/2006 Coll., Act No. 189/2006 Coll., Act No. 216/2006 Coll., Act No.
267/2006 Coll., Act No. 342/2006 Coll., Constitutional Court
the declared under no. 405/2006 Coll., Act No. 585/2006 Coll., Act No.
152/2007 Coll., Act No. 181/2007 Coll., Act No. 261/2007 Coll., Act No.
270/2007 Coll., Act No. 296/2007 Coll., Act No. 305/2008 Coll., Act No.
306/2008 Coll., Act No. 382/2008 Coll., Act No. 479/2008 Coll., Act No.
41/2009 Coll., Act No. 158/2009 Coll., Act No. 227/2009 Coll., Act No.
281/2009 Coll., Act No. 303/2009 Coll., Act No. 326/2009 Coll., Act No.
347/2010 Coll., Act No. 73/2007 Coll., Constitutional Court declared
under no 177/2007 Coll., Act No. 180/2007 Coll., Act No. 220/2007 Coll.
Act No. 263/2011 Coll., Act No. 329/2007 Coll., Act No. 341/2007 Coll.
Act No. 348/2011 Coll., Act No. 364/2007 Coll., Act No. 365/2007 Coll.
Act No. 366/2007 Coll., Act No. 367/2007 Coll., Act No. 375/2007 Coll.
Act No. 428/2007 Coll., Act No. 458/2011 Coll., Act No. 470/2011 Sb.
Act No. 167/2012 Coll., Act No. 399/2009 Coll., Act No. 401/Sb.
and Act No. 403/2009 Coll., is amended as follows:
1. In section 11a. 3 letter i) reads as follows:
"i) limitation of incapacitation,".
2. In section 11a. 3 (b). (j)), after the words "legal representative"
the words "or guardian" and after the words "legal representative" shall be inserted after
the words "or guardian".
3. In section 11a. 3 the letter n) is:
"n) for the adoption of the original and new name or names, last name
the adopted child, the original and new social security number of the adopted child, the date and place of birth
the adopted child, the adoptive parents social security numbers and date of the decision
adoption or decision to cancel the adoption, ".
4. In section 11a of the dot at the end of paragraph 3 is replaced by a comma and the following
the letter q) is added:
"q) day, who was in the Court decision about declared missing
listed as a day when the effects of the Declaration of the nezvěstnosti occurred, and the date of
legal force of the Court's decision declared missing. ".
5. In section 11a. 4 the letter j) is added:
"j) limitation of incapacitation,".
6. In section 11a. 4 (b). n), the words "legal representative"
the words "or guardian" and after the words "legal representative" shall be inserted after
the words "or guardian".
7. in section 11a. 4, after the letter p) the following new point q) is added:
"q) day, who was in the Court decision about declared missing
listed as a day when the effects of the Declaration of the nezvěstnosti occurred, and the date of
legal force of the decision of the Court, "declared missing.
Letters q) and r) is referred to as the letters r and s).)
8. In section 11a. 4 the letter r) reads as follows:
"r) for the adoption of the original and new name or names, last name
the adopted child, the original and new social security number of the adopted child, the date and place of birth
the adopted child, the adoptive parents social security numbers and date of the decision
adoption or decision to cancel the adoption, ".
9. in section 16 c para. 2 (a). u), after the words "legal representative"
the words "or a guardian".
10. In § 51 para. 1 sentence of the second paragraph and section 118. 4 the first sentence, the words
"The guardian" is inserted after the word "guardian".
11. In paragraph 105, the words "the eligibility of their own actions to acquire in social
security rights and take on obligations "shall be replaced by" referred to in
Act on pension insurance in the social security legal capacity ".
12. In § 118 paragraph. 1 (b). (b)), the words "child competence to legal
acts "shall be replaced by" incapacitation of the child ".
13. in § 118 paragraph. 2 the words "legal capacity" are replaced by
the word "incapacitation".
14. in § 118 paragraph. 3 the first sentence and the second, after the words "legal representative"
the words "or guardian" and in the second sentence, after the words "legal
the representative of "the words" or guardian ".
PART NINE
Amendment of the Act on banks
Article. XI
Act No. 21/1992 Coll., on banks, as amended by Act No. 265/1992 Coll.,
Act No. 293/1993 Coll., Act No. 154/1994 Coll., Act No. 83/1995 Coll.
Law No. 84/1995 Coll., Act No. 61/1996 Coll., Act No. 306/1997 Coll.
Act No. 16/1998 Coll., Act No. 125/1998 Coll., Act No. 167/1998 Coll.,
Act No 120/2001 Coll., Act No. 239/2001 Coll., Act No. 320/2001 Coll.
Act No. 126/2002 Coll., Act No. 461/2003 Coll., Act No. 256/2004 Coll.,
Act No. 435/2004 Coll., Act No. 377/2005 Coll., Act No. 413/2005 Coll.
Act No 56/2006 Coll., Act No. 57/2006 Coll., Act No. 62/2006 Coll.
Act No. 70/2006 Coll., Act No. 159/2006 Coll., Act No. 189/2006 Coll.
Constitutional Court declared under no. 37/2007 Coll., Act No.
120/2007 Coll., Act No. 296/2007 Coll., Act No. 126/2008 Coll., Act No.
216/2008 Coll., Act No. 230/2008 Coll., Act No. 254/2008 Coll., Act No.
433/2008 Coll., Act No. 215/2009 Coll., Act No. 227/2009 Coll., Act No.
230/2009 Coll., Act No. 281/2009 Coll., Act No. 285/2009 Coll., Act No.
287/2009 Coll., Act No. 156/2010 Coll., Act No. 160/2010 Coll., Act No.
409/2010 Coll., Act No. 41/2007 Coll., Act No. 73/2007 Coll., Act No.
139/2011 Coll., Act No. 188/2011 Coll., Act No. 263/2007 Coll., Act No.
420/2011 Coll., Act No. 428/2007 Coll., Act No. 458/2007 Coll., Act No.
470/2011 Coll., Act No. 37/2009 Coll., Act No. 254/2009 Coll., Act No.
396/2009 Coll. and Act No. 227/2013 Coll., is amended as follows:
1. In article 1 (1). 1 the second sentence, the words "for the purposes of this Act" shall be deleted.
2. In article 1 (1). 1, the last sentence shall be deleted.
3. In article 3, paragraph 3. 3 (b). a) and b), the words "organizational unit" shall be replaced by
the word "branch".
4. In article 3, paragraph 3. 3 (b). (b)), the words "company" shall be replaced by
the "tag" and after the word "or" shall be inserted after the words "marked".
5. In section 4, paragraph 4. 5 (b). e), the words "proposed in a bank to the Executive
the control function, with which it is associated with power and responsibility as defined by
statutes, (hereinafter referred to as "the head of the staff of the Bank") ' shall be replaced by ",
that are proposed as the head of staff of the Bank ".
6. In paragraph 4, at the end of paragraph 5, the dot is replaced by a comma and the following
the letter l) is added:
"l) future Bank has at least two senior staff of the Bank, who
take the Executive management function, with which it is associated the scope and
responsibility as defined by statute. ".
7. in section 4, paragraph 7, the following paragraph 8 is added:
"(8) the head of an employee of the Bank for the purposes of this Act, a member of the
of the Board, Board Member, Chief Clerk or a person who
He holds an executive management position, with which it is associated the scope and
responsibility as defined by statute. ".
The present paragraph 8 shall become paragraph 9.
8. In section d (b). section 29b), para. 2 and in section 29 c of paragraph 1. 2 the term "enterprises"
replaced by the words "business establishments".
9. In section 8 paragraph 1 reads:
"(1) the Board or the Management Board of the Bank must have at least 3 members.".
10. In § 8 para. 2 the provisions of the introductory part, the words ' the institution of the Bank "
the words "member of the Board of the Bank", the words "the statutory
the authority "shall be deleted and the words" statutory authority "shall be inserted after
"a member of the Board of Directors".
11. In § 8 para. 2 (a). and), after the words "statutory authority"
the word "Board" and the words "for the exercise of statutory functions
the authority "shall be deleted.
12. In section 8 paragraph 1. 2 (a). (c)), and (d)), after the words "statutory authority"
the words "Administrative Council or" and the words "or for the performance of functions
statutory authority "shall be deleted.
13. in § 8 para. 2 (a). (e)), the comma after the word "authority" is replaced by
"or" and the words ", or for the performance of the functions of the Board" shall be deleted.
14. in § 8 para. 3, the word "jurisdiction" shall be replaced by "scope of application",
the word "and" shall be inserted after the words "of the Administrative Council or" and the word "listed"
replaced by the word "listed".
15. In section 8 paragraph 4 is added:
"(4) a statutory body, the Board of directors or of the Supervisory Board of the Bank
There can be only a natural person. ".
16. in section 8a of the paragraph. 1, after the words "members of the statutory body of the Bank"
the words "and members of the Management Board of the Bank", after the words "member of the
the statutory body of the Bank "with the words" or member of the Management Board
the Bank "and the words" the members of the Board "shall be inserted the words" or
the Governing Council ".
17. in paragraph 11 (1) 1, the last sentence shall be deleted.
18. In article 16(1). 1 (b). and) and in section 16, paragraph 2. 1 sentence of last word
"undertaking" shall be replaced by "commercial establishment".
19. In article 16(1). 1 the second sentence, the word "acts" shall be replaced by
"negotiations", the word "made" is replaced by the word "made" and the word
"invalid" shall be replaced by the word "invalid".
20. In article 16(1). 2 (a). a), the words "of the commercial code or this"
shall be deleted.
21. in section 16(1). 2 (a). (b)), the words "in the statutory body of the Bank and"
shall be deleted.
22. In article 16(1). 4 to 6 and section 29b of paragraph 1. 1 the term "undertaking" is replaced by
the words "commercial establishment".
23. in section 16(1). 4 (b). (c)), § 16 para. 5 and 6, section 16b, para. 1 (b). (d)),
§ 17 para. 5, section 26 d of paragraph 1. 1 (b). (h)), section 29b of paragraph 1. 1, 4 and 5, and in section 29 c
paragraph. 1, 2 and 8, the word "business" is replaced by "business establishment".
24. In § 16 para. 4 the final part of the provision, the words "the rent enterprise"
replaced by the words "the leasing business establishment".
25. in section 18 para. 2 the first sentence, the words "statutory body" shall be replaced by
the words "Board of directors or the Management Board of the Bank".
26. in article 18, paragraph 3, including the footnote No. 4 c is deleted.
27. in section 19 para. 1 (b). a), the words "Board members and"
shall be deleted.
28. in section 19 para. 1 (b). (d)), the words "near ^ 5) members of the statutory
the authority "shall be replaced by" near the head of the staff of the Bank, to the members ",
After the words "Supervisory Board" shall be inserted after the word "Bank" and the words ", the head of the
employees of the Bank "shall be deleted.
Footnote 5 is deleted.
29. in section 20 (2). 2 the second sentence, the words "commercial code" shall be replaced by
the words "the law governing the legal relations of the companies and
cooperatives ".
30. In article 20 (2). 12, the word "Act" shall be replaced by the word "acts".
31. in section 20a para. 1 (b). (b)), the word "extraordinary" is deleted.
32. In section 20a para. 2 the first sentence, the words "the Treaty and the
the contract will expire at the earliest opportunity, who admits the business
Code "shall be replaced by the words" of the Treaty that allows the management of the Bank as the controlled
management body of the person, and it saves the Bank to terminate the relationship of this contract
in the earliest possible time, which allows you to this agreement, the civil code
or other legislation ".
33. In § 26 para. 6 the first sentence, the words "the Board of Directors of the Bank or
Member "shall be replaced by" of the statutory body, the Administrative Council or ".
34. In section 26b of the paragraph. 1, after the word "authority" the words ", the administrative
the Council ".
35. In paragraph 26ba paragraph. 1 (f)) repealed.
Subparagraph g) to (j)) shall become letters (f)) to (i)).
36. In paragraph 26ba paragraph. 1 (b). (f)), the word "writing" shall be replaced by
"the adoption of the" and the words "in the commercial register" shall be deleted.
37. In paragraph 26ba paragraph. 1 (b). (g)), the word "g)" shall be replaced by "f"),
the word "writing" shall be replaced by the word "adoption" and the words "in the commercial
the register "shall be deleted.
38. In paragraph 26ba paragraph. 1 (b). I), the words "non-monetary contribution in the form of
monetary claim against the Bank "shall be replaced by" offsetting ".
39. In paragraph 26ba paragraph. 2 the words "commercial code" shall be replaced by
"the law governing legal relations of commercial companies and cooperatives".
40. In § 26 para. 5, the words "its statutory authority" be deleted and the
the words "its statutory authority or its Member" shall be replaced by
"a member of its statutory authority".
41. In § 26j of paragraph 1. 1 and 2, and in section 26 l paragraph. 3 (b). (c)), the words
"branch" shall be replaced by "branch".
42. In paragraph 27, paragraph 4 reads:
"(4) if required by the law to the general meeting was witnessed by
a public document, the Charter must be taken also of the decision of the
Administrator in such things. ".
43. the footnote No. 6i is repealed, and including a link to the note
below the line.
44. Footnote 7a is hereby repealed, and including a link to the note
below the line.
45. In paragraph 31, at the end of the text of paragraph 3, the words "or in the same
the deadline to register in the commercial register, without notifying the issuing
the decision ".
46. In paragraph 31, at the end of paragraph 3 the following sentence "the limits laid down
the Act on public registers of legal entities and natural persons for
implementation of incorporation without issuing a decision on the
enable writing shall not be used. ".
47. In § 36 odst. 2, the first sentence shall be deleted.
48. In § 36 odst. 4, the words "with the commercial code shall be replaced by the
the law governing the legal relations of the trading companies and cooperatives ".
49. In § 36 odst. 5, the word "acts" replaced by the word "meeting".
50. in § 39 para. 1 the first sentence, the words "statutory authority or" shall be deleted;
and after the words "the body of the Bank" with the words "members of the Board
Bank ".
51. In § 39 para. 1 at the end of the text of the second sentence, the words ";
If the confidentiality of members of the statutory body, has this
the scope of the management board or the Supervisory Board. "
52. In section 41b para. 6 the second sentence after the word "Board" shall be inserted after
the words "or administrative boards".
PART TEN
To change the order of notaries in the
Article. (XII)
Act No. 357/1992 Coll., on the notarial profession and their activities (notarial procedure), in
amended by Act No. 82/1998 Coll., Act No. 30/2000 Coll., Act No. 370/2000
Coll., Act No. 120/2001 Coll., Act No. 311/2001 Coll., Act No. 352/2001
Coll., Act No. 501/2001 Coll., Act No. 6/2002 Coll., constitutional
the Court declared under no. 349/2002 Coll., Constitutional Court
the declared under no. 476/2002 Coll., Act No. 88/2003 Coll., Act No.
18/2004 Coll., Act No. 235/2004 Coll., Act No. 283/2004 Coll., Act No.
554/2004 Coll., Act No. 628/2004 Coll., the Act No. 216/2005 Coll., Act No.
344/2005 Coll., Act No. 377/2005 Coll., Act No. 70/2006 Coll., Act No.
81/2006 Coll., Act No. 309/2006 Coll., Act No. 296/2007 Coll., Act No.
126/2008 Coll., Act No. 254/2008 Coll., Act No. 301/2008 Coll., Act No.
7/2009 Coll., Act No. 227/2009 Coll., Act No. 142/2009 Coll., Act No.
202/2012 Coll. and Act No. 396/2012 Coll., is amended as follows:
1. In paragraph 2, the word "acts" shall be replaced by the word "negotiations" and the words
"the adoption of documents into custody and taking money and documents for safekeeping
in order to release other persons "shall be replaced by the words" the adoption of
documents and money into notarial deposits ".
2. in section 3, paragraph 1 reads:
"(1) a notary may in connection with the notarial activities in the framework of other
activities provide the following legal services:
and) grant legal advice and represent them in negotiations with physical and
legal persons and in the proceedings before the public authorities; before the courts only
in proceedings under part five of the civil procedure, in the cases
public registers and in matters under the Act on special procedures
Court except for the
1. the management of the estate, in which he carries on the activity of the Commissioner,
2. in proceedings concerning the capital market
3. the procedure for the preliminary consent of the investigation in matters of protection of
of competition,
4. the procedure for the replacement of the consent of the representative of the Czech Bar Association to
familiarize yourself with the content of the instruments,
5. the procedure for carrying out the duties of the interim measures of the European Court
for human rights,
6. the procedure for the judicial sale of the collateral,
7. the procedure in cases of family except for the care of minors and to the Court
enforcement of decisions in matters of custody of minors and to the Court
(b)) to draft a private document and handle legal analysis. ".
3. At the end of paragraph 4, the following sentence "if other activities making entries
in the register of pledges, public records or public list
It is considered the notarial activity. ".
4. In paragraph 6, the words "and writes" the words "under this Act,
written ".
5. In article 7 (2). 1, letter a) is added:
") is fully enjoys."
6. § 9 para. 1 (b). (d)), section 11 (b). (g)), article 15, paragraph 2. 2, § 28 para. 1 and
in § 57 para. 1 and 3, the word "damage" is replaced by the word "harm".
7. in section 10, paragraph 1. 1 (b). (b)), the words "eligibility to legal
acts "shall be replaced by" limiting the incapacitation of a notary ".
8. In paragraph 11 (a). e), the words "deprived of legal capacity or competence
This capability was limited "shall be replaced by the words" limited in
incapacitation ".
9. in section 13 paragraph 2 is added:
"(2) Notaries who are members of the same Notary Chamber and notaries, who
have the same seat, may bring together as partners for the purpose of
the joint exercise of the activity of the notary or the common purpose of things.
Contract notaries undertake in order to bring together the common performance
activities of a notary, must be in writing. ".
10. in article 13, paragraph 3 as follows:
"(3) notaries, who are grouped together as the partners referred to in paragraph 2 for
the purpose of the joint exercise of the activities of notaries (hereinafter referred to as "the notary companion"),
in the activities of a notary represent each other. In representing the notary
Companion carries on the activity of the notary on behalf of the represented Notary
Companion. Signs with his name and at the same time indicating where the notary
a shareholder it represents. Uses its official stamp of a notary. ".
11. in article 13, the following paragraph 4 is added:
"(4) a notary the shareholders are required to the Association for the purpose of the joint
exercise of the activity of the notary and notarial Chamber of the Chamber report, of which they are
members. The notification obligation also applies regarding the dissolution of the company; If
notaries are more than two partners, as well as on the performance of a notary partner
of the company or its exclusion. ".
12. in section 18 para. 1 (b)):
"(b)) is fully enjoys."
13. in paragraph 19 (b). and) the words "signing a notarial registrations pursuant to § 71b
paragraph. 1.0 ' shall be deleted.
14. in paragraph 19 (b). and) and in paragraph 23 (a). and), the word "free" is replaced by
the words "copies or certified".
15. In paragraph 19 (b). and) and in paragraph 23 (a). and the issuance of) the words "copies or
extracts from the register of pledges or confirmation that certain thing
mail a thing or set of things is not registered as a pledge "shall be replaced by
the words "by issuing copies or confirmation from the registration of legal proceedings for
case of death under section 35 c of paragraph 1. 3, certification of copies, extracts or
confirmation from the register of pledges pursuant to § 35i para. 1, certification of copies or
confirmation from the list of documents relating to the matrimonial property regime in accordance with § 35 l
paragraph. 2. "
16. in section 20 (2). 1 (b). (c)), the words "deprived of the legal
capacity or competence was limited to "are replaced by the words" limited
in the incapacitation ".
17. in paragraph 23 (a). and the word "actions)" is replaced by the word "negotiations",
the word "Act" shall be replaced by the word "negotiations" and the words "§ 71b of paragraph 1. 1 "
replaced by the words "§ 71b".
18. in section 35 para. 3, the word "delegates" is replaced by "Chambers".
19. section 35a to 35 c, including the title as follows:
"section 35a
(1) the Chamber leads, operates and manages the register of pledges and these records and
lists:
and records of legal proceedings) in case of death,
(b) a register of deeds) of matrimonial property regime,
(c) a statement of determination) the guardian
(d) a list of documents relating to) the matrimonial property regime.
(2) the Chamber shall keep a register of pledges, records and lists in electronic
form. The Chamber shall lay down provisions on how to lead, manage, and operate the
registration, a list or register of pledges and method of determining compensation
cash expenses Chamber associated with keeping, list, or
Register of pledges.
(3) the provisions of the register of pledges, the Chamber shall in particular
and the procedure and how to write) data, changes and deletion,
(b)) what additional information in addition to the particulars provided for in this Act to the
Register of pledges shall be entered,
(c)) who writes the data referred to in subparagraph (b)) in the register of pledges,
(d) the procedure for and the method of issuing) copies, extracts and confirmations from the register
pledges,
e) procedure and method of preservation of deleted data.
(4) of the regulation on registration of legal proceedings in case of death Chamber
lays down, in particular,
and what data to) registration shall be entered,
(b)) and how to write procedure details, changes and deletion,
(c)) in which cases the registration changes is the Chamber,
(d)) the manner and procedure for the provision of the communication and the issue of a copy of the registration or
confirmation,
e) procedure and method of preservation of deleted data.
(5) the provisions of the Register of deeds of matrimonial property regime, the Chamber
lays down, in particular,
and what data to) registration shall be entered,
(b)) and how to write procedure details, changes and deletion,
(c)) in which cases write changes to make the Chamber.
(6) the provisions of the Declaration on the designation of a guardian List Chamber provides
in particular, the
and the procedure and how to write) data
(b)) and a way to write procedure changes to data and its deletion,
(c)) what changes the registration and what additional information in addition to the particulars provided for in this
the law shall be entered in the list,
(d)) who writes the data referred to in points (b) and (c))) to the list.
(7) in regulation for the list of documents relating to the matrimonial property regime, the Chamber
lays down, in particular,
and the procedure and how to write) data
(b)) and a way to write procedure changes to data and its deletion,
(c)) what changes the registration and what additional information in addition to the particulars provided for in this
the law shall be entered in the list,
(d)) who writes the data referred to in points (b) and (c))) to the list,
(e) the procedure for and the method of issuing) copies and certificates from the list,
f) procedure and method of preservation of deleted data.
(8) the Chamber shall keep the information kept in the register of pledges and in the register and
the list referred to in section 35a of the paragraph. 1 (b). and) and (d)) even after deletion,
unless otherwise provided by law. Chamber of Commerce at the written request of a court or
law enforcement authorities will provide information from the data file
completed things. Information from the data file that contains the data records
referred to in section 35a of the paragraph. 1 (b). and may be granted only after) death
the testator.
(9) the remuneration for the communication to the Chamber pursuant to § 35 c of paragraph 1. 2 the person who
proves a legal interest, the implementation of the registration data or changes in writing to the
Register of pledges pursuant to § 35 h and for establishing the contract of marriage
securities scheme to the collection of documents and particulars referred to in § 35j
paragraph. 3 (b). and the list of documents in the register) of matrimonial property
in accordance with § 35 k paragraph mode. 2. the Chamber also belongs to refund cash expenses
associated with the management, operation and administration of the register, list, or
Register of pledges. The Ministry shall determine by Decree the amount of remuneration
belonging to the Chamber.
Registration of legal proceedings in case of death
§ 35b
(1) in the records of legal proceedings in case of death are maintained, the instrument of
These legal proceedings taken in case of death of the deceased:
and) wills, inheritance, contract, listed
(b)) Declaration of disinheritance, and the Declaration that the heir, which suggests
legal inheritance, the inheritance shall not take, the sequence
(c) the set-off of the commandments) portion, unless such commandments
contained in the will,
(d) the profession of trustee), if it is not called upon in the will,
e) Treaty on renunciation of the succession,
(f) cancellation of legal negotiations by) letters a) to (e)).
(2) of the Charter of the legal proceedings in case of death of the deceased, which
do not take the form of a notarial deed, are recorded only if they are in the notarial
the custody.
(3) the instrument of the profession of trustee, and of the Charter of their cancellation
are recorded separately from other registered documents. Along with the
documents about the profession of trustee are recorded wills
containing the profession of bailiff will, if he has the will, in which the
the profession of bailiff contained, notary or if
stored in the notarial custody. In this case, a will is registered in both
separate filings. This also applies to a will, if the profession
the administrator of the estate.
§ 35 c
(1) Minutes of the data in the register of legal proceedings in case of death performs
remote access without undue delay the instrument of the notary who
legal proceedings of the testator referred to in § 35b para. 1 adopted in the
notarial deposits or of such legal proceedings he wrote a notarial deed.
(2) the Chamber shall notify the Court or other authority, and to the person who
proves a legal interest, at their request, whether or not it is registered by the
the Charter of the legal proceedings in case of death of the deceased, and if
registered by the notary, in which it is stored. Communication may be granted only after
the death of the testator. Such communication will also provide a Chamber of notaries, if
go to the instrument of legal proceedings in case of death made by the deceased,
the estate is a proceeding in which the notary is commissioned
by performing the acts as a judicial Commissioner under the Act on special procedures
judicial; the communication will provide remote access based on the application
a notary.
(3) Any notary public a person who proves a legal interest, at its request, on the
communication, whether it is in the records of legal proceedings in case of death of a registered
the instrument of the profession of trustee or executor of the profession
the will, and in which the notary is stored, it shall issue a copy of the registration from the register
legal proceedings in case of death, if the instrument of such legal
the negotiations of the deceased registered; If it is not registered, shall issue a certificate stating
that is not registered. If more such documents made by the registered
contains a copy of the same deceased, write information about all of these
the schedules. The provisions of paragraph 2, the second sentence shall apply mutatis mutandis. ";"
20. in section 35 c, the following new section 35d to 35 l, including the following titles:
"Registration of documents relating to the matrimonial property regime
§ 35d
(1) in the register of deeds of matrimonial property regime are maintained
and spouses or fiancées) contract of matrimonial property regime
different from the statutory regime,
(b) the agreement of the spouses on the change) the agreed mode,
(c) the agreement of the spouses on the change) the matrimonial property regime based
decisions of the Court
(d) the decision of the Court) the Court annulled or renewed the common property
spouses or narrowed down its existing range,
(e) the decision of the Court), the Court changed the marital property regime
by decision of a court or agreed upon marital property regime.
(2) the data in the register entries of deeds of matrimonial property regime of the
contract or agreement referred to in paragraph 1 (b). ) to c) performs remote
access without undue delay, the notary, that the contract or agreement
He wrote. Writes data on the decisions of the Court referred to in paragraph 1 (b). (d)), and
(e)) performs a Chamber on the basis of copies of these decisions sent
Chamber of the courts in electronic form.
(3) a notary shall notify the Chamber, whether or not registered by the contract or agreement
referred to in paragraph 1 (b). a) to (c)), concluded the deceased, whose
the estate is a procedure in which the notary is commissioned by performing the acts
as a judicial Commissioner under the Act on special procedures of judicial or
whether or not the registered court decision referred to in paragraph 1 (b). (d)), and
(e)) regarding the regime of the testator and of his spouse; If
registered by the contract or the agreement, it shall inform also the notary, in which it is stored.
(4) the Chamber of notaries of the communication will provide remote access based on his
request.
List of declarations about the determination of the guardian
§ 35e
(1) in the statement of the determination of a guardian are recorded Declaration of
determine who is to become a guardian, and the withdrawal of a declaration of such
destination (hereinafter referred to as the "Declaration on the designation of a guardian"), having the form of a
a notarial act.
(2) to a list statement of designation of a guardian shall be entered the name,
last name, date of birth and place of residence of the person who the statement of determination
the guardian took a (hereinafter referred to as "the maker of the statement"), who was
in a statement intended to become a guardian (hereinafter referred to as "specified by the
the guardian "), name, surname and address of the notary, that the statement of the determination of
the guardian wrote, and the other information provided for regulation of the Chamber about the list
statement of the determination of the guardian.
(3) the registration of data about the statement of the determination of a guardian to a list statement
about how to determine the guardian performs remote access without undue delay
the notary who drew up such a statement.
(4) the Chamber shall notify the Court at its request, whether or not a declaration of
determine a guardian in the statement of the determination of the guardian registered;
If registered, you also recorded data on the maker of a statement about
specified by the guardian and the indication for which the notary is a statement about the destination
guardian saved. The application is made and the communication provides remote
approach.
Register of pledges
§ 35f
(1) the register of pledges are recorded the following information:
arrest,)
(b) the debt provided by) the designation of a lien to be pledged,
(c) the borrower, pledgor) and mortgage lender, and by indicating the names,
the last name, or the name, date of birth, identification number of the person
If it was allocated, or other similar identifying information
(hereinafter referred to as "identification number"), and the residence or seat of the
entrepreneurs, in the case of a natural person, or the name,
identification number and registered office, in the case of a legal person established in the
The Czech Republic, or giving the name and identification number, its
the organizational units or business establishment in the Czech Republic, if the
registered office abroad, the registered office of the branch or business establishment
in the Czech Republic, as they are known, in the case of a legal person that does not have
registered office in the Czech Republic,
d) legal reason the lien,
(e)) on the prohibition of the establishment of the lien to a matter which is not registered in the
Register of pledges as collateral, and the designation of such things,
(f)) that the registered right is future lien, if
the pledge to the debtor after the conclusion of security agreements state the owner of the things
to be a pledge and that otherwise, under the civil code or
According to the pledge contract lien in the register
pledges; After the creation of the lien shall be entered and the time of its creation,
(g)), the date and time of registration
(h) the information provided for the prescription) another Chamber of the register of pledges.
(2) the lien is registered in the register of pledges by writing data
referred to in paragraph 1; the deletion of the registered data is erased. This is true even
on the future of the prohibition of lien and Lien to the point,
that is not written as a pledge.
(3) if the lien in the register of pledges already registered, register the
also information on
and the establishment of a further ban) the lien to be pledged,
(b)) start the exercise of lien stalled on the pledge,
(c)) order of liens, if the pledge of more liens.
(4) If a pledged claim of lien, records are also
an indication of the formation of podzástavního rights, if the lien, which indicate
of a pledged claim, entered in the register of pledges; otherwise,
arises if such claim of Lien by registration
pledges.
§ 35 g
(1) Minutes of the data according to § 35f para. 1 in the register of pledges on the basis
the pledge contract, writes the data according to § 35f para. 3 and changes and deletions
These data shall be carried out using the remote access of notaries.
(2) the notary who drew up the contract, carry out the pledge
and write data) pursuant to § 35f para. 1, in addition to subparagraph (e)),
(b) information about the ban) writing another lien to pledge and the
the order of the lien, if these arrangements are contained in the pledge
the Treaty, and
(c) data on the origin of) the minutes podzástavního rights, if the lien contract
stopping the claim of lien recorded in the register
pledges or to which the lien arises its registration in the register
pledges, although the lien, it suggests, is not on the register of pledges
to be written.
(3) the registration data in accordance with § 35f para. 1, or according to § 35f para. 3,
the notary will perform after the conclusion of security agreements only without undue delay,
If it is effective; otherwise, without undue delay after the acquisition of its effectiveness.
The contract takes effect is illustrated by the pledgee, unless it is on the acquisition of
effect at the time.
(4) Any notary performs
and write and write changes) deletion of data according to § 35f para. 1 and 3,
(b) the beginning of the data) writing exercise of lien stalled on the
the pledge,
(c) information about the ban) writing another lien to pledge and the
the order of the liens if they are not written by the notary, that the pledge
He wrote the contract,
(d) information about the ban) establishment of a lien to the point that
writes or can be written as a pledge in the register of pledges,
(e) data on the occurrence of) writing podzástavního law, if there is no entry in the
Register a lien on a claim that is indicative of the pledge
the law on the register of pledges registered,
(f) the registration data) lien, if the register of pledges
recorded future lien.
(5) the minutes of the data according to § 35f para. 1 (b). (e)) and § 35f para. 3, the changes
entries and deletions are carried out on the basis of written application of lien
the lender, or the lender's podzástavního or podzástavce or any other
person, if provided for by a special law. To write in accordance with § 35f para. 3
(a). (c)) it is necessary that all the creditors asked for registration, which
on the pledge of lien. With the applications for registration and enrollment changes
write data about the facts referred to in § 35f para. 1 (b). (e)) and in section
35F para. 3 the instrument must be presented demonstrating the change or
the fact, on the basis of which the registration is sought.
(6) the cancellation of the lien can be done only if Lien
has been terminated. If the requested cancellation of the Lien a lien creditor, and if in the
request that Lien has been terminated and the legal reason for their extinction, it is considered
the extinction of the lien occurred. Calls for the removal of a lien
the debtor, you must submit with the application a notarial act or instrument
a confirmed mortgage lender with its notarized signature,
proving termination of lien; ceases to have a lien on the expiry of
period, bonds the debtor showing that the duration of lien was on
This time limited.
§ 35 h
Writes the data on the basis of a decision of the public authorities, which was
Lien, and amendments to such entries on the basis of the written
the request of the public authority. The public authorities are required to
send a request with an enforceable decision, which originated the lien
or registered lien to change, within 30 days from the date of
the creation or modification of the lien.
§ 35i
(1) Any notary shall issue each at his request, a copy or an extract from the
Register of pledges or confirmation that a certain thing is not
registered as security or that is not registered the ban on the establishment of a
Lien to things in an unregistered securities as collateral.
(2) against a person who legally entered on the data důvěřujíc
Register of pledges, not the one whose registration is concerned, the right to argue that the
registration is not true.
List of documents relating to the matrimonial property regime
§ 35j
(1) in the list of documents relating to the matrimonial property regime are recorded
a) notarial contracts of married or engaged couples on marriage
securities scheme different from the statutory regime, the spouses of the agreements
change the mode of the initial contract and the contracts of the spouses on the amendment of the matrimonial
regime established by a court decision (hereinafter referred to as the "agreement on the
matrimonial property regime "),
(b) the decision of the Court) the Court annulled or renewed the common property
spouses or narrowed down its existing range, or changed the marital
securities scheme by a court decision or contract marital
securities scheme (hereinafter referred to as "the decision of the Court of matrimonial property
mode ").
(2) the list of documents relating to the matrimonial property regime contains an index and
a collection of documents.
(3) the register shall be entered
and) name, surname, date of birth and residence of the spouses or fiancées
(hereinafter referred to as "husbands"),
(b) the closing date and efficacy) of the Treaty on the matrimonial property regime,
marking the agreed arrangements provided for in the civil code and name, surname
and address of the notary, that the contract of matrimonial property regime wrote,
or
(c)) date of issue and the decision of the Court of matrimonial property
mode, the number of the tag, the designation of the Court which issued the decision, and
an indication of whether the Court has canceled or renewed the common property of the spouses, or
narrowed its existing range, or changed the marital property regime
(d) the information provided for the prescription) another Chamber of the list of instruments of marital
securities scheme.
(4) the collection of documents is determined by the electronic copy of the notarial
registration of the contract of matrimonial property regime or a copy of the
notarial acts Treaty of matrimonial property regime in the
electronic form resulting from conversion from an authorized form to certificated
forms of electronic, or a copy of the Court decision on marriage
securities scheme in electronic form.
§ 35 k
(1) the establishment of a contract of matrimonial property regime in a collection of documents and
write the data referred to in section paragraph 35j. 3 (b). a), b) and (d)) in the register of
(hereinafter referred to as "write a contract to list") is performed by a notary, that such
He wrote the contract. The notary shall register the contracts to the list, if it is in
the Treaty of matrimonial property regime agreed, otherwise on the basis of
written request of both spouses, and remote access without undue
delay after entry into force of the Treaty of matrimonial property regime or
after submission of the application on the basis of such active contract.
(2) if it is not possible to write a contract to the notary who made the list
the Treaty concerning the matrimonial property regime, wrote the contract shall be entered into the
the list on the basis of written application of both spouses. With the application is
be accompanied by an electronic copy of the notarial deed of the Treaty on
matrimonial property regime or a copy of a notarial act of such
the contract arising in electronic form on the basis of authorized conversion
from the form of the documentary.
(3) the Foundation of the decision of the Court of matrimonial property regime to collections
documents and particulars referred to in section paragraph 35j. 3 (b). a), c) and (d)) to
Register (hereinafter referred to as "writing the Court's decision to the list") performs a Chamber
on the basis of the Court sent a copy of the Court decision on marriage
securities scheme in electronic form. The Court shall send a copy of the Chamber
decision without justification.
§ 35 l
(1) if the contract of matrimonial property regime or decision
Court of matrimonial property regime entered in the list of instruments of
matrimonial property regime, the spouses may invoke against the third
even if these were not familiar with their content.
(2) the Chamber exposes the way allowing remote access details
List of documents to be recorded in the register of matrimonial property regime
According to § 35j para. 3 (b). a) to (c)).
(3) Any notary shall issue each at his request, from the collection of documents a copy of the
the Treaty of matrimonial property regime or a copy of the decision of the Court of
change of matrimonial regime or confirmation that the contract
of matrimonial property regime or of a court decision about changing
the matrimonial regime are not in the list of instruments of marital
securities scheme. The request must indicate the name, surname and
date of birth spouses. ".
21. in § 37 para. 3 the letter o) repealed.
Letters p) and q) shall become letters about) and p).
22. in paragraph 37, the dot at the end of paragraph 3 is replaced by a comma and the following
q)), which read as follows:
"q) adopt rules on registration of legal proceedings in case of death,
r) adopt rules on the registration of documents relating to the matrimonial property regime,
with the List) receives a declaration of determination of the guardian
t) adopt rules on securities,
for a list of prescription) accepts documents of matrimonial property regime ".
23. in § 37 para. 4, the word ")" is replaced by "q")).
24. In § 53 para. 1 at the end of the text of subparagraph (a)), the words "and this
Act or the Special Act provides otherwise ".
25. In § 53 para. 1 (b). (b)), the words "or a person close to him" are replaced by
the words ", his employee or a person close to notaries public".
26. in paragraph 53, the dot at the end of paragraph 1 shall be replaced by "or", and
the following point (d)), which read as follows:
"(d)) if provided for by this Act.".
27. in § 56 para. 1 (b). and) and in section 67 para. 3, the word "Act" is replaced by
the word "negotiations".
28. in § 57 para. 1, the word "other" is deleted.
29. in § 57 para. 2 the term "injury" shall be replaced by the word "injury".
30. In article 59 paragraph 2 reads as follows:
"(2) the date of drawing up notarial deeds, the amount of cash, the length of time-limits
and ownership shares are listed also in the words. The numeric designation of the parties
notarial deed with the lists only words. ".
31. In the title of the first section, the word "INSTRUMENTS" is replaced by
the word "NEGOTIATIONS".
32. In § 62 para. 1, the word "action" is replaced by the word "negotiations".
33. In paragraph 63 (b). and) and (f)), the word "Act" shall be replaced by "rule
the negotiations ".
34. In paragraph 63 of the text at the end of subparagraph (c)), the words "and, where
a party or representative of a legal person, its name, registered office and
identification number ".
35. In paragraph 63 (b). (d)), the term "legal capacity" are replaced by the words
"legal act within the scope of legal action which is
notarial deed ".
36. In § 63 paragraph (e)):
"e), an indication of that was the identity of the participants demonstrated a notary witnesses,
confidants, interpreters and representatives of the participants or an indication that it is
the notary knows personally, and if the participant or the participant's legal representative
a person, an indication of that was demonstrated by its existence and notaries public identity
the one who it represents ".
37. In paragraph 63 (b). g) after the word "was" is inserted after "notary".
38. In paragraph 63, at the end of paragraph (i)) dot replaced with a comma and the following
the letter j) is added:
"(j)) other essentials, if provided for by this Act.".
39. In paragraph 63, the current text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) Participant is the one who in the form of a notarial deed itself legally
or the one for whom his name legally is his representative. ".
40. At the end of section 64, the following sentence "legal person proves the notaries
its existence of dump from the public register in which is recorded;
If not, proof of our existence in a different way, from which
It can be inferred that there is, and also a statement of its existence by a person
that law is for it. ".
41. In paragraph 64, the existing text shall become paragraph 1 and the following
paragraphs 2 and 3 shall be added:
"(2) if the identity of the witness's identity, has demonstrated a notarial deed
contain the statement that the participants, where appropriate, the representative of the
participants, witnesses, interpreters and confidants of the acts they know personally.
(3) If a notary is not demonstrated the identity, and, in the case of a legal person,
its existence, the notary a notarial instrument of legal proceedings refuses to
write up. ".
42. In article 65 paragraph 1. 1, after the word "who", the words "or".
43. In article 65 paragraph 1. 2 the words "legal act" are replaced by the words "the rule of
the negotiations ".
44. In paragraph 65, the following paragraph 3 is added:
"(3) Takes the form of a notarial act if the will or codicil person
a blind or a person with sensory disabilities, who cannot read or
write, when the notary drawing up notarial acts under the civil
code. ".
45. In paragraph 66, the words "eligible legal capacity or" shall be replaced by
"enjoys the people blind, deaf or dumb and" and the words "are on
the case involved "are replaced by the words" have an interest in legal proceedings and
its contents or concerns them otherwise. "
46. In article 67 paragraph 2. 1 the term "deaf" is replaced by the word "deaf".
47. In § 68 para. 2 the term "deaf" is replaced by the word "deaf".
48. In § 68 para. 3, the word "Act" is replaced by the word "acts".
49. section 70 including the title reads as follows:
"Notarial deed for registration in a public register or list
section 70
It is to be a notarial deed on the legal basis for the registration of rights negotiations
or the facts written in the public list, change this entry
or its deletion (hereinafter referred to as the "write a public list") or write rights
or the facts written in a public register, change this
registration or its cancellation (hereinafter referred to as "registration in a public register"),
It also contains a representation of a notary about prerequisites for drawing up a notarial
registration. ".
50. in paragraph 70, the following new section 70a is inserted:
"section 70a
(1) a statement of the prerequisites for the drafting of notarial acts
under section 70, the notary shall indicate,
and that the legal action is) in accordance with the legislation and, where appropriate, with
other documents which the compliance of legal action requires special
legislation,
(b)) that the legal act complies with the terms and conditions set out the specific
legal regulation for the registration in the public list or write to
a public register, or
(c)) that the formalities, if it is for the legal act or for
write to the public list or registration in a public register of specific
the legislation, or that it was the completion of formalities notaries documented.
(2) are not met the prerequisites for the drawing up of a notarial act, which
should be the basis for entry in the list, the notary public on how participants
instruct and notarial deed refuses to write up.
(3) are not met the prerequisites for the drafting of notarial acts
legal proceedings, which is to be the basis for the registration in the public
Register, participants will learn about the notary and notarial deed draws up, if
It required participants. In the statement referred to in section 70 shall indicate that the
drafting of notarial acts was required after this instruction and
further indicate
and what sees non-compliance) with the legislation, possibly with other
documents, with which the compliance of legal action requires specific legal
prescription, or
(b)), conditions of which formalities and, where appropriate, formalities, laid down special
legal regulation for the registration in the public register have not been met.
(4) if the prerequisites for the drafting of notarial acts
legal proceedings, which is to be the basis for the registration in the public list
or public register, must be documented in other correspondence and these
documents are not submitted to the notary, notaries, rejects the notarial deed
write up. ".
51. section 71:
"§ 71
It is to be a notarial deed on the legal basis for the registration of rights negotiations
or the fact the written pledges, change this entry
or its deletion, it shall apply to such of the provisions of section 70 a notarial deed and
section 70a para. 1, 2, and 4 apply mutatis mutandis. ".
52. In the sixth, the designation of the second section, including the title.
The existing sections of the third to sixth is referred to as the sections of the second to fifth.
53. the Above section 71a is inserted after the title: "notarial acts with the consent of
to enforcement ".
54. In paragraph 71a of paragraph 1. 1 the first sentence, the words "legal act in which the
the participant undertakes to fulfil the financial claim of the other party
arising from the legal relationship established contract "shall be replaced by
"legal proceedings in which the participant undertakes to meet the cash debt
arising from the legal relationship established by a legal contract
the hearing, which is a notarial deed ".
55. In paragraph 71a of paragraph 1. 1, the second sentence is replaced by the phrase "the content of the rule
the hearing, which is such a notarial deed, must also be the amount of the debt, and
the deadline for fulfillment. ".
56. In paragraph 71a of paragraph 1. 2 the words "relating to the Act, in which the participant
unilaterally recognise the financial claim arising from an already established
law of legal relation "shall be replaced by" about the legal proceedings, which
It is the recognition of the debt ".
57. In paragraph 71a of paragraph 1. 2, the second sentence is replaced by the phrase "the content of the rule
the hearing, which is such a notarial deed shall be in addition to the amount of the debt,
indication of legal persons because of the debt and the creditor is also the deadline for
the payment of a debt and obligation of that participant to pay the debt within the time limit. "
58. In § 71b of paragraph 1. 3, after the word "conditions", the words "or
proof of time ".
59. In § 71b, paragraphs 4 and 5 shall be deleted.
60. section 71 c is inserted:
"section 71 c
A notarial instrument of legal proceedings under section 71a and 71b. § under the conditions
laid down by the directly applicable European Union law has confirmed by
Code of civil procedure as a European enforcement order ".
61. In § 72 para. 1 letter c) is added:
"(c)) for the submission of documents".
62. In § 72 para. 1 letter e) is added:
"e) of the certificate of legal persons, and also during the General
meetings, meetings, meetings of other bodies of legal entities (hereinafter referred to as
"general meeting"), ".
63. In § 72 para. 1 (b). I), the words "Council of European society"
replaced by the words "the Council of the European communities on the Statute of the European
company (SE) "and the words" the Council on the European cooperative society "
replaced by the words "the Council of the European communities on the Statute of the European
cooperative society ".
64. In § 72 para. 1 letter):
"to meet the requirements laid down by law) the Czech person interested on the
cross-border conversion of commercial companies or cooperatives and the fulfilment of
the requirements laid down by law for the registration of cross-border conversion to
commercial register, ".
65. In paragraph 72, paragraph 2 reads as follows:
"(2) a certificate referred to in paragraph 1 (b). ) to c) the notary executes the
prescribed by the Charter of verification; It shall be drawn up on the submitted document or
It will draw up a separate instrument, with the Charter firmly
correlated. ".
66. In paragraph 72, paragraph 3 shall be deleted.
Paragraphs 4 and 5 shall become paragraphs 3 and 4.
67. In § 72 para. 4, the words "up to 4" shall be replaced by the words "and 3".
68. In paragraph 72, at the end of the text of paragraph 4, the words ", except where the
This law provides otherwise ".
69. In paragraph 72, the following paragraph 5 is added:
"(5) the documents concerning the verification of the credentials of the clauses, implementing
According to this law, the certification and legalization, and the attestation clause,
that is done under this Act, a certificate of the presentation of the Charter, and
also other clauses for a certificate legally relevant facts written
a notary public pursuant to special laws (hereinafter referred to as "other clauses drawn up
a notary "). Another clause drawn up by a notary are public documents,
provided that they satisfy the conditions laid down for them by a special law, although
It is a special law for public documents does not represent ".
70. in section 74 para. 1, the word "a" is replaced by "
the proof of "and the words" § 64 "shall be replaced by the words" § 64 para. 1 and 3
Similarly, ".
71. In section 74 para. 2 (c)):
"(c)) an indication of the applicant's identity was established,".
72. the heading of § 77: "the Certificate during the General meetings".
73. In § 79 paragraph 2. 2 the words "real estate, flats and non-residential premises"
shall be replaced by "immovable property".
74. In the sixth, the designation of the third partition, including the title.
The current fourth and fifth sections are referred to as the third and fourth sections.
75. the Above section 80a, the following title is added: "the decision of the notarial deed of
body of a legal person ".
76. In section 80a paragraph. 1 the words "public" shall be replaced by
"public registry".
77. In section 80a paragraph. 2 the words "the notary is obliged to" shall be replaced by the words "notary public
the notary is obliged to write about the decision of legal persons ".
78. In section 80a paragraph. 2, the words ", and to provide its observations, whether the content"
replaced by the words "or has not been received, and provide their observations, whether the contents
the decision has been taken or that the content submitted the proposal on ".
79. In § 36A para. 1 letter i) reads as follows:
"i) content of the decision body of a legal person, and if it has not been received, the contents of the
submitted the proposal on the decision of legal persons ".
80. in section 80f, the words "section 71 shall apply mutatis mutandis and the provisions ' shall be deleted.
81. Under section 80 g of paragraph 1. 2, the words "section 71 shall apply mutatis mutandis and provision"
shall be deleted.
82. the following section is inserted after section 80 g 80 h, which including the title reads as follows:
"Certificate to registration in a public register
§ 80 h
(1) in order to be certain of the requirements for registration in a public register
met up after the decision of the legal person, which has been drawn up
a notarial deed pursuant to section 80b, or drafting notarial acts in accordance with
section 70 and 71, the notary who such notarial deed he wrote, at the request of certifying
compliance with the requirements for registration in a public register, where such
certificate for registration in the public register required special legal
provision.
(2) the notary concerning the certificate referred to in paragraph 1 shall draw up a notarial deed on the basis of
documents that meet the requirements for registration. Documents
the applicant shall submit to the notary. If a notary such documents submitted
or if the requirements for registration are met, the notary will reject the notarial
a record of the certificate referred to in paragraph 1, draw up.
(3) in the official registration of the certificate referred to in paragraph 1, the notary shall certify what
the requirements for registration have been met and on the basis of what he submitted
documents the certificate. ".
83. In the sixth section of the third reads: "NOTARIAL CUSTODY".
84. section 81 to 89, including the following titles:
"§ 81
(1) Notaries accept into notarial custody
and) instrument of legal proceedings in case of death of the testator referred to in §
35B para. 1 they have the form of a notarial act (hereinafter referred to as "the instrument of
the legal acts of the testator ") and other documents
(b)) money, if provided for by a special law,
(c)) money and documents for the purpose of their release to others.
(2) Notarial custody of money and documents taken to the issue
other persons can be secured debt.
(3) Submission of certificates or money as a notary of notarial deposits further
notaries in the notarial custody or custody to another custodian,
not be admitted. The provisions of section 103 and 104 of the procedure when taking a
the abolished Office shall remain unaffected.
(4) for the notarial custody shall apply mutatis mutandis to the provisions of the Special
the law on custody, unless otherwise provided by law. The provisions of the
a special law on the custody of the security shall not apply. A notarial
safekeeping of securities does not have the effects specified for safekeeping of securities
a special law.
Notarial custody documents
§ 82
(1) the notary draws up a notarial custody documents with the participation of the applicant
a protocol that must include
and) place and date of the Charter,
(b)) name, surname, date of birth and residence of the applicant and, if
the applicant legal person, its name, registered office and identification number and
the name, surname, date of birth and address of the representative,
(c) the indication of the) instrument,
(d)) as an indication that the Charter was taken and accepted to the notary public notary
custody,
(e)), an indication of that was demonstrated by the identity, or a notary, the existence of
the applicant or his representative, or instead of the details of the proof of identity
an indication of the fact that the notary knows the applicant or his agent personally,
f) signature of the applicant or his representative, the imprint of the stamp of a notary and
his signature.
If the Charter is adopted to notarial deposits for a certain period, contains
the Protocol also duration of notarial deposits. Additional copies of the Protocol
the notary shall issue to the applicant or his representative.
(2) if the Charter to request its acceptance to notarial deposits
by postal services and includes Charter
itself or in the request data necessary for the adoption of the Charter in the notarial custody,
the notary draws up a protocol referred to in paragraph 1 without the participation of the applicant, and shall send
additional copies of the log to the applicant. If the application does not contain the necessary
data, the notary shall invite the applicant to these data within a specified period, notaries
said, with the caveat that if they do not, the Charter will not be to the notary
escrow is accepted. After the lapse of time the notary deed shall send to the applicant
through a postal service, unless it
Another way of handing over of the Charter.
section 83
(1) the Protocol on adoption of the Charter of the legal proceedings of the testator to
notarial deposits must in addition to requirements referred to in § 82 para. 1
contain
and) first and last name or former name of its maker,
his place and date of birth,
(b) the letter of) the forms and content elements of legal proceedings
the testator, which is the instrument that accepts to notarial custody,
and also an indication of the lessons that the Charter will be registered in the register of
legal proceedings in case of death.
(2) if the instrument of legal proceedings of the testator in notarial deposits
the representative of the person who took it, the notary will issue a further copy of the Protocol
representatives and the other copy shall be sent to the preparer.
(3) if the Charter relating to the conduct of the deceased notaries
by postal services to inquire about her
admission to the notarial custody, or by the operator
postal services without request, the notary shall proceed pursuant to § 82 para. 2.
§ 84
(1) a notary shall issue a deed of notarial deposits only, at whose request
the Charter was to notarial deposits taken and if the instrument of legal
the negotiations of the testator, just give it to the customer unless the document is taken
the notarial deposits for its release to the next person. The notary deed
and a person who exhibits a special power of attorney authorizing it to
acceptance of the Charter of the notarial deposits; the signature of the principal must be officially
authenticated. Power of Attorney annexed to the Protocol on the release of the Charter.
(2) on the issue of the Charter of the notarial deposits the notary draws up a protocol that
must contain the
and) place and date of issue of the instrument,
(b)) name, surname and residence of the people to whom the Charter issues (hereinafter referred to as
"recipient of the Charter") and of his representative, and an indication that she was
proven their identity,
(c) the indication of the) instrument, and in the case of an instrument registered in the
Records of legal proceedings in case of death, the lessons that will be
made from this registration cancellation of issued the Charter and its
the preparer
(d)) as an indication that the document has been taken by the beneficiary or its
Representative,
(e)), an indication of that was demonstrated by the identity, or a notary, the existence of
the recipient of the Charter, or its representative, or instead of the details of the proof
the identity of the indication that the notary knows the recipient or his representative
personally,
(f) the signature of the Charter), or his representative, the imprint of the official
notary stamp and his signature.
(3) a notary shall issue the beneficiaries of the Charter, or its representatives a copy of the
Protocol. If the instrument of the testator's legal proceedings issued
representatives of the maker of such documents, a notary shall send copies of the log
and the person acquiring them ends.
(4) If a notary deed registered in the records of legal proceedings for
in case of death, performs in this register the cancellation of such a Charter, and on the
the acquirer; move to the completed data file things in this
Register performs.
§ 85
(1) Whoever notaries deed to notarial deposits passes, and the one whom
the notary deed of notarial deposits are issued by, or their representatives, are
required to prove their identity to the notary official identification, does not know if it is
the notary personally. In the case of a legal person, its representative is obliged to
In addition to their identity and prove its existence pursuant to § 64 para. 1.
Similarly, if the representative of the legal persons of other legal
person.
(2) if the identity or existence of a notary referred to in paragraph 1
demonstrated, the notary refuses to take the Charter into notarial deposits or from
notarial custody refuses to issue.
(3) If a notary Accepts to notarial custody pursuant to § 82 para. 2,
the provisions of paragraph 1, for the adoption of the Charter in the notarial deposits
does not apply.
Notarial custody of money
§ 86
(1) money can be passed to the notarial custody on the basis of a request that
must contain the
and the name, address and) identification number, the name, surname, date of
birth and residence of its representative, or the name, surname, date of
birth and residence of the natural person (hereinafter referred to as "identification data"),
who has the money to notarial deposits pass ("složitel"), and
to be money from notarial custody issued (hereinafter referred to as "the recipient"),
(b) the amount of the sums of money and) monetary unit of money, to be in the
notarial custody,
c) indication of the account with a bank or a branch of a foreign bank (hereinafter referred to as
"the Bank") or savings and credit cooperatives to which the notary has
the money to issue the složiteli, if there is no notarial custody or if the
the reason for the release of money from notarial custody složiteli (hereinafter referred to as "account for
the release of the money složiteli "), and the identification data of the person who is the
the owner, if this is not složitel,
(d) the indication provided by the debt) have the money to be passed to the notarial
custody in order to guarantee the debt,
(e) designation of rental relation) and identification data of the person who is
the landlord, the money to be passed to the notarial custody pursuant
a special Act by the lessee as rent owed (hereinafter referred to as "notarial
storage rentals ").
(2) If a notary is not required for admission to the notarial deposits money in writing,
on the application for acceptance of the money into notarial custody writes in the presence of
the applicant record in duplicate and one copy shall issue to the applicant.
(3) if it is not given the reason for the denial of a requested receipt of money in
notarial custody, the notary shall inform the applicant for the designation of the special account
the Bank marked "notarial custody", the owner of which is the notary (hereinafter referred to as
"special account"), or the sign shall indicate in the record of the application.
(4) by passing the money means their composition to a special account or
transferring them to a special account by bank transfer. Other
You cannot pass the notaries public money.
§ 87
(1) the notary draws up notarial custody Protocol about money. Money compound or
transferred to the special account the notary accepts to notarial deposits at
the Protocol, unless this Act provides otherwise.
(2) a notary may draw up a Protocol on the notarial custody of money, although money
have not yet been to a special account composed or translated. In this case,
must be stated in the Protocol, the period within which, where appropriate, the conditions under which
to be credited to a special account. If compliance with this limit, or
the conditions laid down are met, to accept money into notarial deposits will
their crediting to the special account, if it is not in the Protocol or in this
the Act provides otherwise. On the acceptance of money into notarial deposits notary
inform the složitele, in the case of notarial custody in order to ensure
debt, also of the recipient and in the case of notarial custody of rents, as well as
the landlord, then, when the Bank becomes aware that the money was on the
special account is credited with. The notary shall issue on request the recipients or složiteli
confirmation, bearing his signature and the imprint of the stamp of notary,
the fact that the money was in the notarial deposits received and when it happened.
The provisions of § 86 para. 1 and 2 shall not apply.
(3) If a notary has not taken money into notarial custody, is without
undue delay složiteli wire transfer to an account for the release
money složiteli.
§ 88
(1) the Protocol on notarial custody money must contain
and the name and surname of the notary), its registered office, and the designation of the special account,
(b)) and složiteli identification data of recipient designation account for
the release of the money složiteli and the identification data of the person who is his
the owner, if this is not složitel,
(c) an indication of the amount of the cash) amount and currency unit
(d)) the deadline for crediting the money to a special account, and the result of its
non-compliance with the Protocol is drawn up at the time when the money in a special account
yet they are not credited,
e) an indication of the notary accepted the money into notarial custody, receives a
It is to draw up a Protocol,
(f) the time limits, where appropriate) the conditions laid down for the release of money from the notaries public
notarial deposits recipients, and how to demonstrate compliance with the conditions of notaries,
g) an indication of the duration of the notarial custody, time limits, where appropriate, the conditions for
laid down for the release of money from the notaries public notarial deposits složiteli and method
proof of fulfilment of the conditions of the notaries,
h) indication of the account or accounts at a bank or savings and credit
the cooperative to which or to which money is to be released from the notarial
custody of the recipient (the "recipient account for issuance of money"), and
identification data of the person who is its owner, if this is not
the recipient,
I) date and place of drafting the Protocol,
j) an indication that the notaries or the existence of identity has been demonstrated
složitele or his representative, or instead of the details of the proof
the identity of the indication that the notary knows the složitele or his representative
personally,
the signature of složitele) or his representative,
l) the imprint of the stamp of a notary and his signature.
(2) money to be accepted into notarial custody in order to ensure
the debt, the report must contain a notarial custody outside elements
referred to in paragraph 1 (b). ) to c), (d)), or e) and (h)), l) and i) also
and) an indication that the money or to be accepted into notarial custody
in order to guarantee the debt, marking the debt and the facts on which the
the debt is based,
(b)), and the recipient of složitele arrangements terms and conditions laid down by the
notaries for the release of the money to the recipient, where appropriate, the složiteli and how
proof of fulfilment of the conditions of the notaries,
(c)) and the recipient of složitele arrangements for the duration of custody,
(d)) as an indication that the notaries, or the existence of identity has been demonstrated
of the participation of the system log, or his representative, or
instead of the details of the proof of identity as an indication that the notary knows
složitele, the consignee or their representative personally,
e) signature of the participation of the system log, or his
representative.
(3) money to be accepted into notarial custody of rents, must
notarial custody Protocol include beyond the elements listed in
paragraph 1 (b). a) to (c)), e), (g)), i) to (l)), also identifying information
the person who is the landlord, and the designation of the rental relationship.
(4) the Protocol in accordance with paragraphs 1 and 3 shall provide for the participation of the složitele;
the Protocol referred to in paragraph 2 with the participation of složitele and the receiver or just
one of them. If the Protocol referred to in paragraph 2, drawn up with the participation of only
složitele or just the recipient, the time limit within which it is obliged to
one that did not participate in the drafting of the Protocol, to approve the contents of the log and
without reservation accept the proposals on the arrangements between the složitelem and the beneficiary in
the Protocol included (hereinafter referred to as "content approval Protocol"). To the adoption of
money into notarial deposits up by writing the appendix to the Protocol of
approval of the content of the Protocol (hereinafter referred to as "Supplement to the Protocol") with the participation of
the fact that the drafting of the Protocol did not, even though they have money
credited to a special account before. If the money was credited to the
a special account before the notary is after the expiry of the period set to
approval of the content of the Protocol without undue delay shall issue složiteli
by bank transfer to an account for the release of the money složiteli.
(5) to draw up the Protocol on the notarial custody, possibly the appendix to
the Protocol should be to složitel, or even the recipient, if it is a
the Protocol referred to in paragraph 2, or their representative, notaries have demonstrated their
the identity of the official identification, if the notary does not know personally. In the case of
a legal person, it shall apply the provisions of § 85 para. 1 the second sentence
by analogy. If the identity or existence of a notary, notary,
notarial custody Protocol, where appropriate, the supplement to the Protocol multiple times and
the required acceptance of money rejects the notarial deposits. If you have already been
the money will be credited to a special account, the issue is složiteli.
(6) a copy of the Protocol složiteli and notary shall issue to the consignee. A supplement to the
the Protocol referred to in paragraph 4 is part of the Protocol referred to in paragraph 2.
Supplement to the Protocol can write up at the request of another notary, notaries
located on the territory of the Czech Republic.
§ 89
(1) in the case that was documented by a notary that the conditions for the release of
money to the recipient, the notary shall issue the money within the specified period of notarial deposits
by bank transfer to the account of the beneficiary for the release of the money to the recipient.
If recipients of the money in the account and does not mark a recipient on
notary challenge within the time limit referred to in the invitation in writing with its notarized
signature or in the appendix to the Protocol of the notarial custody money another account
for the release of the money to the recipient and the identification data of the person who
its owner, if this is not the beneficiary, the notary shall issue the money from notarial
custody složiteli referred to in paragraph 4.
(2) If a notarial custody Protocol agreed that in the period from
proof that the conditions for the release of money to a beneficiary at the time of issue of the
money from notarial deposits the money belongs to the recipients in the notarial custody
the beneficiaries and the conditions have been satisfied or that he belongs to another in
notarial custody Protocol named reason, and there is evidence that
occurred, the notary shall issue the money within the specified period of notarial deposits
by bank transfer to the account of the beneficiary for the release of the money to the recipient.
If the money cannot be the recipients of such an account issue and does not mark a recipient on
notary challenge within the time limit referred to in the invitation in writing with its notarized
signature or in the appendix to the Protocol of the notarial custody money another account
for the release of the money to the recipient and the identification data of the person who
its owner, if the recipient is not, it is considered that it is the recipient of
against notaries and notary in default, saves the money deposited with the Court in accordance with
a special law.
(3) If during the term of a notary evidenced the fulfilment of notarial deposits
the conditions for the release of the money to the recipient, shall issue to the notary složiteli money by
of paragraph 4.
(4) the money to be released složiteli referred to in paragraphs 1 and 3, the notary he
It is within the prescribed period shall issue a wire transfer to an account for the release
money složiteli. If the money cannot be the one to issue the složiteli, and
If the složitel does the challenge of a notary within the time limit referred to in the invitation in writing
with its notarized signature or in the appendix to the Protocol of notarial
the custody of the money a different account for the release of money to složiteli, indicating the
identification data of the person who is its owner, if it is not
složitel, it is considered that it is složitel to notaries in arrears, and the notary
saves money for safekeeping in a court by a special Act.
(5) on the issue of the notary shall inform the recipient of the money, and složitele.
(6) on the issue of money složiteli of notarial deposits rent shall inform the
the notary person lessor, designated složitelem in the Protocol on the
the custody. ".
85. in paragraph 89, the following new section 89a and 89b, which including the following title:
"§ 89a
(1) If a notarial custody Protocol provided otherwise, the time
the release of money from notarial deposits the money belongs to the recipients in the notarial
the custody of složiteli. Time of release means the moment of crediting released
a sum of money to an account for the release of the money to the recipient.
(2) if the money received to the notarial custody in order to ensure
debt, notary cannot cash in the duration of notarial deposits issue
složiteli without the consent of the recipient, unless he was satisfied the fulfilment of
the conditions laid down in the Protocol on the notarial custody to release money
složiteli.
(3) If during the term of a notary evidenced the fulfilment of notarial deposits
the conditions laid down in the Protocol on the notarial custody to release money
the recipient, and the recipient has gone before a notary to the end of the duration of a notarial
custody, issue a notary public money or with the consent of the recipient to the recipient
složiteli after the end of the duration of notarial deposits.
(4) the provisions on notarial custody of rents shall not prevent the person lessor
and the person of the tenant do also under other provisions of § 86-89a
in the case of mutual performance arising out of the legal relationship.
§ 89b
Notarial custody documents with a view to their release to the next person
If the Charter is adopted to notarial deposits for its release of the next
the person progresses the notary mutatis mutandis pursuant to § 82 to 89a. ".
86. paragraph 90:
"§ 90
(1) the minutes shall be issued from the notarial copies, unless this Act
provides otherwise. Copies and certified copies of the minutes shall be issued only to notaries,
If provided for by this Act or special legislation.
(2) notarial negotiations of the testator for the case
death, which are listed in section 35a of the paragraph. 1, unless the notarial deed of
the inheritance contract or of the Treaty on renunciation of inheritance law, and
their cancellation, for the life of the testator shall be issued only their copies.
(3) If a copy of a notarial deed drawn up by
a copying device shall be such that a text of a notarial act,
indicate the listed name, surname, academic title and, where appropriate, the function
the guy who wrote and signed a notarial deed, the abbreviation "r.", and a copy of the
fingerprint official stamp of a notary with the abbreviation "l. s.", listed the names,
last name, academic degrees, where appropriate, other persons, that notarial deed
signed, the abbreviation "r.", where applicable, copies of the stamps
attached to the signature of these other people, the abbreviation "L.". ".
87. In section 91 paragraph 2. 1 in the first sentence, the words ' acts of which the
a notarial deed refers to "be deleted.
88. In section 91 paragraph 2. 2 the words "Charter on the administration of the heritage" shall be replaced by
"the profession of trustee or administrator of a will containing the profession
the estate or the executor of the will. "
89. In section 91 paragraph 2. 2 the term "purchaser" and the words "on whose property
the Charter on the administration of heritage refers to "shall be replaced by" the deceased ".
90. in section 91 paragraph 2. 3 the words "Free copies of" shall be replaced by "Copies" and
the words "may be simple copies" are replaced by the words "copies" can be.
91. In paragraph 91, at the end of paragraph 3 the following sentence "copies of notarial
writes about legal proceedings in case of death of the testator that are
listed in § 35b para. 1, unless the notarial deed of inheritance contract
or about the Treaty on renunciation of the succession law or their cancellation,
may be issued only to the deceased or his or her designee, shall recognise the full
power with a notarized signature. ".
92. In section 91, paragraph 4 shall be deleted.
93. section 92:
"§ 92
(1) a copy of a notarial act contains a copy of a notarial act, and
a clause which confirms that a copy of a notarial act,
literally coincides with the notary's registration (hereinafter referred to as "disclaimer"). If it is to
notarial deed of the annex, contains a copy of a copy of such attachments also;
endorsement confirms that even copies of the annexes agrees literally with attachments
a notarial act.
(2) Clause, except for the certificate referred to in paragraph 1, also includes the day, month,
and the year of imprint copy, a copy of the official stamp and the signature of the notary
the guy who draws up a copy of the notarial acts. ".
94. In section 93 para. 1 at the end of the text of the second sentence, the words "or
only the entire notarial acts without its annexes or without some of them. "
95. In paragraph 93, at the end of paragraph 1, the following sentence "in the clause is also
indicate with which parts of a notarial act and, where appropriate, with which its annex
the statement literally matches, or it does not contain copies of the annexes
notarial acts, or some of them. ".
96. In section 94a of the word "free" is deleted.
97. In section 94a of the second sentence, after the words "electronic signature"
the words "and qualified the time stamp".
98. As part of the sixth part is inserted after the seventh, including headings:
"PART SEVEN
OTHER ACTIVITIES OF A NOTARY
Notice of reservation of rights to invoke the ineffectiveness of legal action
section 94b
The notary at the request of the creditor delivered notice to the creditor of his reservation of rights
invoke the ineffectiveness of legal action under the civil code (hereinafter
"notice of reservation") to whom the applicant has indicated that, to whom
the ineffectiveness of legal action can invoke.
§ 94 c
(1) on an application under section 94b, the notary draws up a protocol with the participation of creditors
which must include
and) place and date of drafting of the Protocol,
(b)) name, surname, date of birth and place of residence of the creditor and, where
the lender of a legal person, its name, registered office and identification number, and
the name, surname, date of birth and residence of the present
the representative,
(c)) name, surname, date of birth and place of residence, to whom it is
notification of the reservation is made, and, in the case of a legal person, its name,
registered office and registration number,
(d)) the address to which the notification is to be delivered, if different from
residence or registered office,
e) an indication that the notice of the reservation by a notary, and reprinted
(f) the creditor's signature, a fingerprint) official stamp of a notary and his signature.
(2) a notary shall forward one copy of the log to the creditor.
(3) a notary is not responsible for the contents of the notification of the reservation.
(4) a notary shall send notification of the reservation by the person referred to in paragraph 1 (b). (c))
within 3 working days from the date of the drafting of the Protocol. As soon as the notary finds that
the notice was served on the person on the reservation and when it happened, shall communicate to the
These facts to the creditor. If you fail to notaries public notification of the reservation
delivered, shall communicate this fact to the creditor.
§ 94 d
(1) a lender may take notice of the reservation to the Protocol on the application referred to in
section 94b, which must include
and) place and date of drafting of the Protocol,
(b)) name, surname, date of birth and place of residence of the creditor and, where
the lender of a legal person, its name, registered office and identification number, and
the name, surname, date of birth and residence of the present
the representative,
(c) notification of the reservation), which must have the following elements:
1. name, surname, date of birth and place of residence of the creditor and, where
the lender of a legal person, its name, registered office and identification number and
the name, surname, date of birth and address of the representative
on behalf of the creditor's notice of reservation shall be,
2. name, surname, date of birth and place of residence, to whom it is
notification of the reservation is made and, in the case of a legal person, its name,
registered office and registration number,
3. the legal proceedings in respect of which the lender reserves the right
call his ineffectiveness,
4. the name, surname, date of birth and residence of the debtor, the creditor and, where
debtor of the legal person, its name, registered office and identification number,
5. the labelling of the lender's claims against the debtor,
6. reservation of the creditor rights to invoke the ineffectiveness of legal action
(d) the creditor's signature, a fingerprint) official stamp of a notary and his signature.
(2) the notary for more copies of the Protocol passes the lenders and the other copy of the
the Protocol shall send to the person referred to in paragraph 1 (b). (c) point 2 to 3)
working days from the date of the drafting of the Protocol. As soon as the notary finds out that it was
copy this to the person served and when it happened, or
If you fail to deliver a notice of reservation of notaries public, communicate these
the fact the creditor.
§ 94e
(1) a person who applies for an act under section 94b, the notary is obliged to prove their
the identity of the official identity card, if it does not know the notary personally. In the case of
the legal entity is obliged to demonstrate its representative, in addition to its
identity and its existence pursuant to § 64 para. 1. Similarly,
If the representative of the legal person by another legal person.
(2) if the identity or existence of a notary referred to in paragraph 1
demonstrated, the notary refuses to perform the requested action. ".
The former part of the seventh to tenth are referred to as part of the eighth to
the eleventh.
99. In paragraph 98, the current text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) the notary kept by the notarial acts in the metal housing under the bonded
separately from the files. Notarial acts must be stored in a metal box
without undue delay after their original. ".
100. section 99 to 101:
"§ 99
(1) on the inspection of the notary listings shall apply mutatis mutandis the rules in § 95.
(2) notarial acts In legal proceedings of the testator for the case
the death, which is referred to in § 35b para. 1, however, have the right to inspect for
the life of the testator only participants. The provisions of § 95 para. 2 shall not apply.
§ 100
(1) a notarial deed, the notary will lease the only court, Court Commissioner,
the Ministry, relevant notarial Chamber and the Chamber at their request.
A notarial instrument of legal proceedings in case of death of the deceased, that is
indicated in section 35a of the paragraph. 1, however, may not be for the life of the maker of lent
anyone.
(2) a notary shall prepare a notarial deed before leasing a copy thereof
through a copying device, verifies its conformity with the notary's
registration according to § 73 para. 1 a certified copy of the notarial deed shall base the
instead of a rental of a notarial act; attaches the request, on the
It was based on notarial deed. In the authentication clause shall also indicate
an indication that the certified copy of the notarial deed is prepared for establishment
instead of a notarial act due to its lease referred to in paragraph 1.
(3) for the lease of a notarial act under paragraph 1 by a notary issues
instead of copies of notarial copies of loaned based
a certified copy of a rental of a notarial act; When they copy
a copy of the certified copy of the notarial deed shall prepare a rental
through a copying device. The Court Chamber, Ministry, or
the relevant notarial Chamber may issue such copies to disable
or pause. A certified copy of a rental of a notarial deed, as well as
its copies are public documents, provided they meet the requirements
established by this Act.
(4) upon return of the rental of a notarial deed, the notary shall establish and
its certified copy drawn up pursuant to paragraph 2, together with the attached
applications for inclusion in the file. If at the time of the lease of a notarial deed
the notary he published a copy of a copy of a notarial act-based authenticated,
certified copy of the notarial deed shall be attached to the return-
notářskému registration.
§ 101
(1) a notarial deed shall not be issued to anyone. This does not apply in the case of
a notarial instrument of the will or a listed (hereinafter referred to as "notarial instrument of
wills ") and if so requested by its release the one that in that form for the case
death took (hereinafter referred to as "the maker of the will").
(2) upon issue of a notarial deed, the notary will follow
of the civil code. When you do this, the notary
and the official newsletter of writing) will be mentioned on the release clause
a notarial deed data prescribed by special law, and also the date
the release, your name, surname, address and indication of the notary, the clause must affix the
the notary's official stamp and signed by her,
(b)) on the issue of notarial acts wills writes in the presence of the maker
the probate registry.
(3) the Protocol on the issue of notarial acts of the will must contain
and) date and place of drafting the Protocol,
(b)) name, surname and address of the notary, notarial deed issued by testament
(c)) name, surname and date of birth of the testator and an indication of the
that was proven his identity, a notary or notary maker
personally knows,
(d) a notarial deed) identification of wills, including the date of its writing,
the names, forenames and addresses of the notary, who wrote it, if this is not the notary,
that issued it
e) an indication that the maker of the will on the issue of notarial acts
Wills asked,
f) lessons of the notary that the release of notarial acts of the will, according to the
the Civil Code considers the will or codicil in his form captured
a revoked,
g) signature of the testator, the imprint of the official stamp of the notary and his
signature,
(h)) other particulars if provided for by this law.
(4) in order to prove the identity of the testator shall apply mutatis mutandis
the provisions of § 64 para. 1. If the identity of the witness has been demonstrated the identity,
shall be subject, mutatis mutandis, the provisions of § 66. In the Protocol shall indicate their
name, surname and date of birth, an indication that their identity has been
Notaries demonstrated and also their statements to the effect that the testator
they know personally. If the identity of the testator, notaries,
the notary will reject a notarial instrument of the will.
(5) the notary Protocol for inclusion in the case file and its spawns further copy
instead of a notarial deed issued by the will. The will preparer shall issue
a notary for more copies of the Protocol on the basis of his application. Another is
a copy of the Protocol does not issue.
(6) the notary after the release of notarial acts of the will performs the erasure of data on
the will listed and the person acquiring or in the records of legal proceedings for
in case of death; move to the completed data file things in this register is
It does not make. ".
101. section 102 is repealed.
102. In paragraph 107, the words "and cash expenses" shall be replaced by "compensation
for loss of time and reimbursement of cash expenses ".
103. The heading of part nine: "the USE of DATA FROM the REGISTRY
THE POPULATION AND OF THE AGENDOVÝCH OF INFORMATION SYSTEMS ".
104. In section 109b of paragraph 1. 1 (b). (h)), the words "the deprivation or limitation of
competence to perform legal acts "shall be replaced by" approval of the Treaty on
agent or representative office of a member of the household including the Court that
contract or agency approved, limit the incapacitation ".
105. In section 109b of paragraph 1. 1 for the letter m) the following point (n))
added:
"n) day, who was in the Court decision about declared missing
listed as a day when the effects of the Declaration of the nezvěstnosti occurred, and the date of
legal force of the decision of the Court, "declared missing.
Letters n) and o) are referred to as letters of) and p).
106. Under section 109 c, paragraph 2. 1 letter h) is added:
"h) restriction of incapacitation".
Article. XIII
Transitional provisions
1. In the records of legal proceedings in case of death are recorded also wills,
the instrument of abdication deeds and instruments of the cancellation of such deeds already registered
According to the existing legislation in the central register of wills.
Instrument of legal proceedings in case of death of the deceased, which were not
subject to registration pursuant to the existing legislation, and which arose
before the date of entry into force of this law, shall be registered only if the
the testator died before that date; the instrument of such legal
the negotiations, which were cancelled before the date of entry into force of this
the Act and the instrument of their cancellation, no. Registration of the instrument of
legal proceedings in case of death of the deceased, which were not the subject of
registration pursuant to the existing legislation, and that was before the
the date of acquisition of the effectiveness of this law, performs the procedure laid down in law No.
358/1992 Coll., in the version in force from the date of entry into force of this Act,
at the request of the testator, the notary, which is stored a notarial instrument of
such legal proceedings, or the notary, which is such a Charter in
notarial custody; After registration shall apply to the provisions of law No.
358/1992 Coll., in the version in force from the date of entry into force of this Act,
about the records of legal proceedings in case of death.
2. In the records of legal proceedings in case of death are recorded also the Charter
the provisions of the administrative heritage, of the Charter of the appeal provisions of the administrator
heritage and the instrument of withdrawal of consent with the provisions of the administrator features
Heritage on the administration of heritage incurred and recorded in accordance with the existing
legislation in the central register of wills (hereinafter referred to as "the instrument of
manage heritage "). The instrument of management of heritage in the records of the legal
the hearing for the case of death recorded in separate records, along with those of the European
about the profession of trustee or executor of the will, and with those of the European
on the abolition of the profession. The provisions of Act No. 357/1992 Coll., as amended by
effective from the date of entry into force of this Act, the registration of legal
the hearing for the case of death, shall apply to them mutatis mutandis. The notarial
write about the Charter on the administration of the heritage for the life of its maker has the right
inspect only the purchaser and appointed him administrator of heritage.
3. in the registration of documents relating to the matrimonial property regime are recorded also
the Treaty on extending or reducing the range of common property
the spouses and the contract of reservation of the emergence of joint property of spouses at the date of
the dissolution of marriage, spouses or closed man and a woman, who at the time of
the object of the contract to marry, has already registered pursuant to
the existing legislation in the central register of marriage contracts
before the date of entry into force of this Act.
4. In the list of documents relating to the matrimonial property regime is based on
the application of both spouses also recorded contract for widening or narrowing
extent of marital property and the contract of reservation
the emergence of common property of the spouses, on the date of dissolution of marriage, sealed
spouses or a man and a woman, who at the time of conclusion of the contract were not
the spouses and then marriage, incurred by
legislation; When you write the process according to Act No. 357/1992
Coll., in the version in force from the date of entry into force of this Act, the
the provisions after entry shall also apply to these contracts.
5. If you have been accepted into the custody of the money or of the Charter before the date
entry into force of this Act, their safekeeping shall be completed according to the
the existing legislation.
6. The contract of insurance against liability for injury to the notary is obliged to enter into the
1 year from the date of entry into force of this Act. If the contract is concluded
within the time limit under the first sentence, to the date of the conclusion of this contract met
assumption of starting the activity of the notary under § 9 para. 1 (b). (d)) of the Act
No 358/1992 Coll., in the version in force from the date of entry into force of this
of the Act, entered into a contract of notary liability insurance.
PART ELEVEN
Amendment of the Act on utility models
Article. XIV
In section 20 of Act No. 478/1992 Coll. on utility models, the provisions of paragraph 2
Insert a new paragraph 3, including footnote # 2b:
"(3) Note controversial under the civil code a ^ 2b) can apply to only
a record in the register, which is characterized by the management of utility model as
the subject of ownership.
2B) § civil code 986. ".
The former paragraph 3 shall become paragraph 4.
PART TWELVE
Amendment of the Act on the prison service and judicial guard of the Czech Republic
Article. XV
Act No. 555/1992 Coll., on the prison service and judicial guard of the Czech
Republic, as amended by Act No. 169/1999 Coll., Act No. 30/2000 Coll.
Act No. 460/2000 Coll., Act No. 309/2002 Coll., Act No. 361/2003 Coll.,
Act No. 441/2003 Coll., Act No. 413/2005 Coll., Act No. 262/2006 Coll.
Act No 342/2006 Coll., Act No. 129/2008 Coll., Act No. 274/2008 Coll.,
Act No. 41/2009 Coll., Act No. 227/2009 Coll., Act No. 341/2011 Sb.
Act No. 357/2010 Coll., Act No. 375/2007 Coll. and Act No. 157/2013
Coll., is amended as follows:
1. In section 23a para. 6 (a). I), the words "the deprivation or limitation of eligibility
legal capacity "are replaced by the words" limitation of incapacitation ".
2. In section 23a para. 6 (a). the introductory part of the provisions of the), the words "osvojeném
the child "shall be replaced by the word" adoptee ".
3. In section 23a para. 6 (a). o) paragraphs 2 and 3, the word "child" is replaced by
the word "adopted".
4. In section 23a para. 6 (a). o) clause 7, the word "child" is deleted.
5. In section 23a para. 6 for the letter o) the following point p) is added:
"p) day, who was in the Court decision about declared missing
listed as a day when the effects of the Declaration of the nezvěstnosti occurred, and the date of
legal force of the decision of the Court, "declared missing.
Letters p) to r) are known as q) up with).
6. In section 23a para. 7 letter to):
"to) the restriction of incapacitation".
7. In Article 23a, paragraph 1. 7 (b). r) the introductory part, the words ' the provisions of the osvojeném
the child "shall be replaced by the word" adoptee ".
8. In section 23a para. 7 (b). r) points 2 and 3, the word "child" is replaced by
the word "adopted".
9. in Section 23a para. 7 (b). r) point 6, the words "a child born to a woman with
permanent residency in the Czech Republic, who gave birth to a child "shall be replaced by
"the adopted child who was born to a woman with permanent residency in the Czech Republic, which
It bore ".
10. In section 23a para. 7 (b). r) paragraph 7, the word "child" is deleted.
11. in Section 23a para. 7, letter s) the following point t), which read as follows:
"t) day, who was in the Court decision about declared missing
listed as a day when the effects of the Declaration of the nezvěstnosti occurred, and the date of
legal force of the decision of the Court, "declared missing.
Letters t) up to w) are referred to as case u) to x).
PART THIRTEEN
Amendment of the Act on consumer protection
Article. XVI
Act No. 634/1992 Coll. on consumer protection, as amended by Act No.
217/1993 Coll., Act No. 40/1995 Coll., Act No. 103/1995 Coll., Act No.
110/1997 Coll., Act No. 359/1999 Coll., Act No. 64/2000 Coll., Act No.
145/2000 Coll., Act No. 258/2000 Coll., Act No. 102/2001 Coll., Act No.
452/2001 Coll., Act No. 477/2001 Coll., Act No. 151/2002 Coll., Act No.
320/2002 Coll., Act No 227/2003 Coll., Act No. 279/2003 Coll., Act No.
441/2003 Coll., Act No. 119/2004 Coll., Act No. 186/2004 Coll., Act No.
217/2004 Coll., Act No. 444/2005 Coll., Act No. 216/2006 Coll., Act No.
229/2006 Coll., Act No. 36/2008 Coll., Act No. 227/2009 Coll., Act No.
281/2009 Coll., Act No. 285/2009 Coll., Act No. 298/2009 Coll., Act No.
301/2009 Coll., Act No. 155/2010 Coll., Act No. 28/2011 Coll., Act No.
139/2011 Coll., Act No. 211/2007 Coll., Act No. 219/2007 Coll., Act No.
468/2011 Coll., Act No. 221/2012 Coll. and Act No. 238/2012 Coll., is amended
as follows:
1. Footnote 4 is added:
"4) § 420 paragraph. 2 of the civil code. ".
2. in paragraph 3 of the present text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) the seller shall not, after the consumer in connection with the
payment method charge a fee in excess of the costs which
the seller in connection with this way of paying the costs. ".
3. in article 3, the following new paragraph 3a and 3b, which including the title and notes
34 footnote shall be added:
' section 3a
Using a telephone number with a higher than normal price
The seller, in connection with the contract used for
communication with the consumer public communications network shall not for this
communication use the phone number to access services with the expressed
^ price, 34).
section 3b
The provisions of § 3 para. 2 and section 3a shall not apply to contracts referred to in § 1840
(a). a) to (g)), i) and (j)) and in the 1852 civil code §.
34) Decree No 117/2007 Coll., on the numbering plans of networks and services
electronic communications, as amended. ".
4. under section 11 is added to § 11a is inserted:
"§ 11a
In the sale of goods or the provision of services by electronic means
through the website, the seller is obliged to
the consumer in advance to inform prominent manner that the
there any restrictions for the supply of goods or services and what ways
payments are accepted. ".
5. section 13 reads as follows:
"section 13
The seller is obliged to properly inform consumers about the extent to
conditions and modalities for exercising the right of defective performance (hereinafter referred to as
the "claim"), along with information about where you can redeem your claim. ".
6. in article 15, paragraph 2. 1, after the word "product", the words "and form
the sale "and after the word" product "with the words" double check or ".
7. in article 15, paragraph 2, including footnote # 12:
"(2) the seller must give the consumer written at his request
confirmation of defective performance of the obligations to the extent
the law ^ 12).
12) § 2166 of the civil code. ".
8. the following section is inserted after section 18b 18 c, which including the footnotes # 30
added:
"section 18 c
Use of the accommodation facility overnight on more than 1 time period or
the advantage associated with accommodation, including any transport or other
recreational services ^ 30), may not be placed on the market or sold
the consumer as an investment.
30) § 1852-1867 of the civil code. ".
9. Footnote 13 reads as follows:
"13) § 2172 of the civil code.".
10. in section 19 para. 3, the last sentence is replaced by the phrase "the vain expiry of the
This period is considered as a substantial breach of the contract. ".
11. in paragraph 2 of article 23. 1 the number "11" is replaced by "12".
12. in paragraph 2 of article 23. 2 to 4, after the words "paragraph 3", the words "paragraph. 1. "
13. in article 23 paragraph 15 reads as follows:
"(15) the Czech trade inspection carried out supervision of compliance with the obligations
arising from the provisions of the Civil Code governing the
consumer contract, which arranges for temporary use in return for payment
the accommodation and other recreational services ^ 30). ".
14. in § 24 para. 7, letter a) the following new subparagraph (b)), which read as follows:
"(b)) contrary to section 3a uses a phone number with a higher than normal
the price ".
Subparagraph (b)) to v) shall become point (c)) to w).
15. in section 24 para. 7, letter (h)) the following new subparagraph (i)), which read as follows:
"i) does not inform the consumer pursuant to section 11a,".
Letters i) to w) shall become letters (j)) to x).
16. in § 24 para. 7 the letter m) is added:
"m) shall not issue a confirmation to the consumer under section 15 para. 2, ".
17. in section 24 paragraph 8 reads as follows:
"(8) the seller as the person who, in connection with the offering or
by the conclusion of the contract, in which he arranges for temporary use in return for payment
the accommodation and other recreational services under section 1852 of the civil
code, is guilty of an administrative offense, by
and does not provide the consumer with the information) pursuant to § 1854 para. 2 of the code of
the civil code to the extent and in the manner there specified,
(b)) does not clearly on the invitation to tender or sales purpose and action
the nature of the action and does not ensure that for its entire duration
consumer data available pursuant to § 1854 para. 2 of the code of
code,
(c)) does not notify the consumer expressly in advance of the
conclusion of the contract, or than the consumer is bound by its proposal for a
conclusion of the contract, its right to withdraw from the contract, or on the length of the
the deadline for withdrawal, and the ban on advance payments and other transactions or their
ensure during the withdrawal period,
(d) do not communicate the information to the consumer) pursuant to § 1854 para. 2 in the language desired
According to § 1854 para. 3 of the civil code or does not conclude with the consumer
the contract in the language requested in section 1860 civil code or will not issue
the official translation of the text of the Treaty to the consumer in the language referred to in section 1860
of the civil code,
(e)) does not in the contract particulars pursuant to § 1856 para. 1 of the civil code,
(f)) does not provide the consumer with the duly completed withdrawal form from
of the Treaty,
g) does not provide the information in writing to the consumer in accordance with § 1854 para. 2 or
does not notify in writing on their changes,
(h)) does not ensure that the consumer is signed separately each of the arrangement on the right to
withdrawal from the contract, on the time limit for the withdrawal and on the prohibition of the payment of advances and
other performance or their security during the withdrawal period,
I) issued to the consumer immediately after conclusion of the contract at least one
the other copies,
j) does not parse on the contract, which is acquired for a consideration the right to benefit
associated with accommodation, or with transportation or other services,
payment to the annual instalments in the same amount, taking into account, where appropriate, the development of
prices, if it is agreed or fails to send the consumer a prompt for
payments in writing no later than 14 days before the due date,
k) contrary to section 1864 of the civil code requires or accepts from
consumer deposit or other benefits, or their security, or
l) places on the market or sold by the use of overnight accommodation on
more than 1 time period or, where applicable, benefit with accommodation
including transportation or other services as an investment. ".
18. in section 24 paragraph 10 is added:
"(10) an administrative offense shall be fined in the
1 0000 0000 Czk), in the case of an administrative offence under paragraph 7 (b). (b)), (d)),
l) to q), s), u), w),
(b) 2 0000 0000 Czk), in the case of an administrative offence referred to in paragraph 8,
(c) 3 0000 0000 Czk), in the case of an administrative offence referred to in paragraph 1 (b). (c)) to
(e)), paragraphs 2 and 3, paragraph 7 (b). c), (e)), g), (h)), i), k), r), t)
in),
(d)) $ 5 0000 0000 in the case of an administrative offence referred to in paragraph 1 (b). a) and
(b)), paragraph 4, paragraph 7 (b). and), f), (j)) and paragraph 9,
(e)) $ 50 0000 0000 in the case of an administrative offence under paragraphs 5 and 6 and
paragraph 7 (b). x).“.
PART OF THE FOURTEENTH
Amendment of the Act on building savings
Article. XVII
Law No. 96/1993 Coll., on building savings and State aid for the building
savings and the addition of the Czech National Council Act No. 586/1992 Coll., on the
income taxes, as amended by Act of the Czech National Council No. 35/1993 Coll., on
amended by Act No. 83/1995 Coll., Act No. 423/2003 Coll., Act No. 292/2005
Coll., Act No. 159/2006 Coll., Act No. 342/2006 Coll., Act No. 227/2009
Coll., Act No. 281/2009 Coll., Act No. 348/2010 Coll., constitutional
the Court declared under no 119/2007 Coll., Act No. 263/2007 Coll. and act
No 353/2010 Coll., shall be amended as follows:
1. in § 5 para. 1 the first sentence, the words "a written contract under the civil
Code "shall be replaced by" the agreement ", and in the first sentence, the following sentence
"The building savings Provider shall communicate to the future content of the participant
contract in text form in good time before the
conclusion. ".
2. in § 5 para. 9 at the end of the text of the paragraph, the words ", it can be
However, to ensure the building savings provider from claims
the loan, which the provider of the building savings loan provided pursuant to paragraph 2
or 5 ".
3. in paragraph 5, the following paragraph 12, which reads as follows:
"(12) to close or change of the contract for a minor participant
his legal representative does not need court approval, since the legal
the negotiations shall be regarded as a normal matter of when managing the child's property. ".
4. In article 6 (1). 1 (b). (h)), the words "the Member rights and obligations
the team "are replaced by the words" of a cooperative share "and the words" the Member rights
and obligations "shall be replaced by the words" of a cooperative share ".
5. In article 6 (1). 1 (b). k) and section 6 (1). 2 (a). (b)), the word "loan"
replaced by the word "lease".
6. section 8 including the title reads as follows:
"section 8
The death of a participant
(1) the obligation of building savings contract shall cease on the death of the participant and
part of the estate's claim to payment of the amount of money saved,
a claim for the payment of advances on account of the State aid
the participant and the advance of State aid for the calendar year in which the participant
He died, according to the amounts actually saved on the date of death of the participant in this
calendar year. Part of the estate are any debts of the participant
arising from construction savings.
(2) the payment of State aid due to the death of a participant in § 12 para.
2 does not apply. ".
7. In paragraph 9a(1). 6 in the text below the letters, the words "deprived of the eligibility
legal capacity or a person whose capacity to perform legal acts "
replaced by the words "whose legal capacity".
8. In section 10, paragraph 1. 3 the first sentence, the words "in writing" shall be deleted.
PART FIFTEEN
Amendment of the Act on the Constitutional Court
Article. XVIII
Act No. 182/1993 Coll., on the Constitutional Court, as amended by law no 331/1993
Coll., Act No. 237/1995 Coll., Act No. 77/1998 Coll., Act No. 18/2000
Coll., Act No. 132/2000 Coll., Act No. 48/2002 Coll., Act No. 202/2002
Coll., Act No. 320/2002 Coll., Act No. 114/2003 Coll., Act No. 83/2004
Coll., Act No. 120/2004 Coll., Act No. 234/2006 Coll., Act No. 342/2006
Coll., Act No. 227/2009 Coll., Act No. 275/2012 Coll. and Act No.
404/2012 Coll., is amended as follows:
1. In section 25a paragraph 1. 3 letter i) reads as follows:
"i) limitation of incapacitation,".
2. In section 25a paragraph 1. 3 (b). n), the word "child" is deleted.
3. In section 25a paragraph 1. 3 the letter n) following the letter o) is added:
"o) day, who was in the Court decision about declared missing
listed as a day when the effects of the Declaration of the nezvěstnosti occurred, and the date of
legal force of the decision of the Court, "declared missing.
Letters about) and p) are known as the letters p and q)).
4. In section 25a paragraph 1. 4 the letter j) is added:
"j) limitation of incapacitation,".
5. In section 25a paragraph 1. 4, the letter n) following the letter o) is added:
"o) day, who was in the Court decision about declared missing
listed as a day when the effects of the Declaration of the nezvěstnosti occurred, and the date of
legal force of the decision of the Court, "declared missing.
Letters about) and p) are known as the letters p and q)).
PART OF THE SIXTEENTH
Amendment of the Act on the security information service
Article. XIX
In Act No. 154/1994 Coll., on the Security information service, as amended by
Act No. 160/1995 Coll., Act No. 155/2000 Coll., Act No. 309/2002 Coll.
Act No. 361/2003 Coll., Act No. 53/2004 Coll., Act No. 435/2004 Coll.
Law No. 499/2004 Coll., Act No. 290/2005 Coll., Act No. 21/2006 Coll.
Law No 267/2006 Coll., Act No. 274/2008 Coll., Act No. 254/2009 Sb.
and Act No. 273/2009 Coll., section 5 is added:
"§ 17
(1) the State is obliged to compensate the damage to the person who has provided assistance
National security information service, or with their knowledge
(hereinafter referred to as "helper"). State may waive this obligation
only if this caused injury to help the person intentionally.
(2) the State is obliged to compensate the damage that the assisting person was established in
connection with the help of the security intelligence service, or
Member.
(3) the State is obliged to compensate the damage caused by another helper
the person in connection with the help of the security intelligence service
or national.
(4) the compensation provided in the representation of State security information
service. ".
PART SEVENTEEN:
Amendment of the Act on arbitration
Article. XX
Act No. 216/1994, Coll., on arbitration proceedings and enforcement of arbitral awards,
as amended by law No 245/2006 Coll., Act No. 296/2007 Coll., Act No.
7/2009 Coll., Act No. 466/2011 Coll., Act No. 19/2009 Coll. and Act No.
91/2009 Coll., is amended as follows:
1. § 1, including footnote # 7:
"§ 1
This Act regulates the
and equity) decide independent and impartial arbitrators,
b) decide contested issues belonging to the Federal Government
the Arbitration Commission of the League under the Civil Code ^ 7) and
(c) the enforcement of arbitral awards).
7) section 265 of the civil code. ".
2. In section 4, paragraph 4. 1 the words "competent to perform legal acts" shall be replaced by
"fully enjoys."
3. in article 4, paragraphs 3 and 4 become paragraphs 2 and 3.
4. In section 4, paragraph 4. 2, the words "paragraphs 1 and 2 shall be replaced by" paragraph
1. "
5. section 4 reads as follows:
"section 16 of the
(1) where a party to the claim before the arbitrators in the limitation or
the preclusive time limit and if the arbitrators decide that it is not determined by its
power, brought the effects remain preserved, if a party lodges
again at the Court of the respective arbitrators and Permanent Court of arbitration, or
the action by another competent authority within 30 days of the date on which it was
delivered a decision on lack of jurisdiction.
(2) the effects of brought are preserved even if the party after the
annulment of an arbitration award handed to the competent Arbitration Board or standing
the arbitral tribunal, or by another competent authority of an action, or a proposal
the continuation of proceedings within 30 days of the effective date of the decision
the Court, which cancelled an arbitration award. ".
6. in paragraph 19, the following new section 19a, which including the title reads as follows:
"§ 19a
Address for service
The arbitrator shall deliver the document to the address of the data on the Clipboard; If it is not possible to
the document delivered to the data boxes, delivers the document to the electronic
the address of the addressee or the arbitrators said that designated as
delivery in the arbitration agreement. If it is not possible to deliver the document to the
the address referred to above shall be forwarded to the arbitrator's document to the address
the addressee or the arbitrators said the address specified in the arbitration agreement. ".
7. In article 34 paragraph 2 reads as follows:
"(2) if the court sets aside the arbitration award for the reasons stated in section 31 (a). (c)) to
(f)) or i), continues to design some of the parties in arbitration proceedings
on the basis of the arbitration agreement. Unless otherwise agreed by the parties, the arbitrators
the parties to the arbitration award, that has been cancelled for the reasons referred to in §
31 (b). (c)), however, are from the new discussion and decision-making.
Unless otherwise agreed by the parties, the arbitrators will be appointed the new way
originally specified in the arbitration agreement or in the alternative, pursuant to the provisions
This Act. ".
8. For the part of fifth, whose title was "proportional to a foreign country",
Insert a new part six, including the title reads as follows:
"PART SIX
THE LIST OF ARBITRATORS MAINTAINED BY THE MINISTRY OF
§ 40a
(1) the Ministry maintains a list of arbitrators, who can be designated judge
clause for dispute resolution of consumer contracts.
(2) the Ministry shall publish on its website the have
registered in the list of the following information:
and) name and surname,
(b) the contact address provided by an arbitrator),
(c) the number of the certificate),
(d) the date of registration) to the list and
e) day and the reason for removal from the list.
section 40b
Entry on the list of arbitrators
(1) at the request of the Ministry to the list of arbitrators writes natural person
that
and) is enjoys the
(b)) is impeccable,
(c)) has received a degree in law
1. master's degree program studying at a University in the United
Republic, or
2. to study at a University abroad, where such education in
The Czech Republic is recognised as equivalent to the training referred to in paragraph 1 to the
the basis of the international agreements to which the Czech Republic is bound, or
where such education was recognized under a special legal regulation, and
at the same time such education corresponds to the content and scope of the general education
You can obtain the master's degree program in the field of the right to
high school in the Czech Republic,
(d)) in the last 5 years on the basis of the decision of the Ministry of
removed from the list of arbitrators,
(e)) paid the Ministry of administrative fee in the amount of CZK 5,000.
(2) the request for entry on the list of arbitrators, the Tenderer shall state the name and
last name, place of residence, social security number, if assigned,
date of birth and contact address.
(3) the request under paragraph 2, the Tenderer shall be documented for entry in the list
the arbitrators
and a certified copy of the document of) education referred to in paragraph 1 (b).
(c)),
(b) a similar statement from the document) the criminal record issued by a State, which is
a citizen of, or an extract from the criminal register with the annex containing the
the information that is registered in the register of criminal records of the Member State whose
is a citizen; in the event that the State listing similar to the extract from the criminal record
is not issued, sworn statement made before the competent administrative or
the judicial authorities of that State; the documents must not be older than 3 months,
(c)) document proving the payment of an administrative fee for entry on the list.
(4) in order to prove the integrity of the Ministry's requests a statement from the
criminal records. Request to issue the statement of record
an extract from the criminal record, criminal records are to be transmitted in electronic
form, in a manner allowing remote access.
(5) the entry on the list of arbitrators makes the Ministry without undue
delay, if the candidate fulfils all the conditions laid down in paragraph 1.
The Ministry will issue the arbitrator entered on the list not later than 30 days from the
registration of the certificate of registration.
section 40 c
Removed from the list of arbitrators
(1) the Ministry of the arbitrator removed from the list, which
and) died or was declared dead,
b) has been convicted of an offence, if it is referred to in
the specific rules or a decision of the President of the Republic does not look like
would not have been convicted,
(c)) was limited in incapacitation,
(d)) may not be the arbitrator under other legislation, or
e) handed to the Ministry a written request for deletion from the list, and the
last day of the calendar month following the month in which the
the request was delivered.
(2) the Ministry may decide an arbitrator from the list,
If seriously or repeatedly infringed the obligations laid down in this
by law.
(3) the Ministry may decide on the temporary removal of the arbitrator,
a) against which criminal proceedings have been initiated; temporary removal takes
no later than the day following the date on which the Ministry delivered
the final decision, which this prosecution ends, or
(b)) if proceedings for limitation of his incapacitation, and within
the day following the date on which the Ministry delivered a final
the decision establishing the procedure ends.
(4) a removal pursuant to paragraph 1. (b) to (e))) from the list of arbitrators
shall notify the Department within 30 days of the deletion concerns.
The deletion referred to in paragraph 2 or temporary removal pursuant to paragraph 3
the Ministry recorded in the list of arbitrators without undue delay of
the decision on the removal or temporary removal and up to 30
days to inform it, by the removal or temporary
the deletion concerns.
§ 40 d
Information obligations
The arbitrator is required to notify the Ministry without undue delay,
However, at the latest within 8 days, all the changes that are listed in the
the list and any changes in the facts, on the basis of which was entered in the
list. ".
The former part of the sixth through eighth are referred to as part of the seventh through the ninth.
9. For the part of the sixth part is inserted after the seventh, which including the title reads as follows:
"PART SEVEN
PROCEEDINGS BEFORE THE ARBITRATION COMMISSION OF THE LEAGUE
§ 40e
This law shall apply to the decision contested issues
belonging to the Federal Government in the proceedings before the Arbitration Commission
Association (hereinafter referred to as "the Commission") under the civil code, unless it is a in this
section unless otherwise specified. The decision by the Commission shall not apply
the provisions of the permanent arbitration courts.
§ 40f
(1) procedure before the Commission is initiated on the date when the application is delivered to
the address indicated in the statutes of the Association. If no such address in the statutes
given that delivers the action to the Commission at the address of the registered office of the Association.
(2) the parties have equal status in the proceeding and must be given full
the opportunity to exercise their rights. The statutes, internal regulations in
the statutes explicitly marked, or in writing, the agreement of the parties may
by way of derogation from this Act, modify the procedure by which the Commission is to conduct the proceedings.
§ 40 g
(1) the Commission may discuss and decide only in the presence of
majority of its members, and at least 3.
(2) if the number of members of the Commission, who are competent to decide the matter
below the minimum number of members required for decision making by this Act or the
statutes, the Commission stops; This does not prevent the court case decided.
The provisions of paragraphs 9 and 10 shall not apply.
§ 40 h
If the Commission decides within three months on the merits, the party
exercise their rights in court. The statutes, internal regulations in the articles of Association
explicitly marked or written agreement of the parties can time limit under
the first sentence be extended for not more than 9 months.
§ 40i
Member of the Commission, which came to light the circumstances referred to in section 11, shall be obliged to
to exclude yourself from the case. Does the Member of the Commission, shall decide
on the proposal of the party to his exclusion from the Commission.
section 40j
(1) upon the motion of the parties cancels the arbitration award issued by the Commission in
the case was decided by the dispute, the Commission manifestly incompatible with morality
or public policy. The provisions of § 242 BGB is not
without prejudice to the.
(2) even if it did not lodge an application for annulment of the award by the Court, may
the party against whom a court enforcement of the award, without
regardless of the time limit laid down in § 32 para. 1, submit a proposal to stop
ordered enforcement of a decision, in addition to the reasons set out in the specific
Regulation and in the case that there are reasons for its cancellation under section 31
(a). a) to (f)) or if there are reasons for its cancellation by
paragraph 1 and the arbitration award does not refer to the right to request the
the abolition of the Court. The provisions of § 35 para. 1 (b). (c)), and (d)) and § 35 para.
2 and 3 shall apply mutatis mutandis.
§ 40 k
The procedure before the Commission shall apply the provisions of § 25 para. 2 the second sentence, and
§ 32 para. 3 where the application for annulment of an arbitration award shall submit the
League. ".
The former part of the seventh through ninth are known as part of the eighth to tenth.
PART EIGHTEEN
Amendment of the Act on regulation of advertising
Article. XXI
Act No. 40/1995 Coll., on regulation of advertising and amending and supplementing Act No.
468/1991 Coll., on radio and television broadcasting, in
as amended, as amended by Act No. 258/2000 Coll., Act No.
231/2001 Coll., Act No. 257/2001 Coll., Act No. 138/2002 Coll., Act No.
320/2002 Coll., Act No. 132/2003 Coll., Act No. 222/2004 Coll., Act No.
326/2004 Coll., Act No. 480/2004 Coll., Act No. 384/2005 Coll., Act No.
444/2005 Coll., Act No. 25/2006 Coll., Act No. 109/2007 Coll., Act No.
160/2007 Coll., Act No. 36/2008 Coll., Act No. 297/2008 Coll., Act No.
281/2009 Coll., Act No. 132/2010 Coll., Act No. 28/2011 Coll., Act No.
245/2007 Coll., Act No. 375/2007 Coll. and Act No. 275/2012 Coll., is amended
as follows:
1. § 5i including title and footnotes # 26b:
"§ 5i
Temporary use of the accommodation and other recreational services
(1) the advertisement for the temporary use of the accommodation and other recreational
services under the civil code ^ 26b), must contain an indication of the law
consumers to obtain the information that must be provided to the consumer
prior to the conclusion of the contract, or the consumer is bound by its proposal for a
conclusion of the contract, including an indication of where and how, where, and how can these
information to obtain.
(2) in an advertisement pursuant to paragraph 1 shall be treated as invitations or sales
actions, under which the contract can be arranged, in which negotiates temporary
use of the accommodation facility, or other recreational service. Invitation to the
such action shall contain a clear indication of the purpose and nature of the action.
(3) the temporary use of the accommodation and other recreational services
the ad may not be offered as an investment.
26B) § 1852-1867 of the civil code. ".
2. in article 7, paragraph 2, including footnote # 32b repealed and
at the same time, paragraph 1 shall be deleted.
PART NINETEEN
Amendment of the Act on savings and credit cooperatives
Article. XXII
Act No 87/1995 Coll., on savings and credit cooperatives and some
measures related to it and the law of the Czech National Council
No. 586/1992 Coll., on income taxes, as amended in
amended by Act No. 100/2000 Coll., Act No. 406/2001 Coll., Act No.
212/2002 Coll., Act No. 256/2004 Coll., Act No. 283/2004 Coll., Act No.
377/2005 Coll., Act No. 413/2005 Coll., Act No. 56/2006 Coll., Act No.
57/2006 Coll., Act No. 70/2006 Coll., Act No. 120/2007 Coll., Act No.
296/2007 Coll., Act No. 126/2008 Coll., Act No. 254/2008 Coll., Act No.
230/2009 Coll., Act No. 281/2009 Coll., Act No. 285/2009 Coll., Act No.
156/2010 Coll., Act No. 160/2010 Coll., Act No. 409/2010 Coll., Act No.
41/2007 Coll., Act No. 73/2011 Coll., Act No. 139/2011 Coll., Act No.
420/2010 Coll., Act No. 458/2011 Coll., Act No. 470/2011 Coll., Act No.
37/2009 Coll., Act No. 254/2009 Coll. and Act No. 227/2013 Coll., is amended
as follows:
1. In article 1 (1). 5 (b). (c)), the words "the invalidity is assessed
According to the provisions of the commercial code, governing law
of the Treaty, ' shall be deleted.
2. In article 1 (1). 7, the term "undertaking" is replaced by "commercial
the race "and the word" undertaking "shall be replaced by the words" business establishment ".
3. In Article 1a(1). 1 (b). (c)), the word "business" is replaced by
"business establishment".
4. In section 1a is at the end of paragraph 1, the period is replaced by a comma and the following
the letter r) shall be added:
"r) the management person, Member of the Board, the Audit Committee or the credit
the Commission and the person who otherwise actually conduct the business of the cooperative
unions; If a member of the Board of Directors of credit unions the legal
person means a management person natural person who, on behalf of the legal entity
the Board of Directors shall exercise the function of the person. ".
5. in section 2, paragraph 2 reads as follows:
"(2) the share capital shall be at least 500 000 CZK.".
6. In article 2 (2). 4, the word "Member" is deleted.
7. In Article 2a, paragraph 2. 4 (b). (b)), the words "Governing for the purposes of this Act,
means a person chosen on the function of the Board of Directors, of the Audit Commission and
the credit of the Commission, and also persons who are proposed in a cooperative
the savings bank on the Executive management function, with which it is associated the power and
responsibility as defined by the statutes of the credit unions, "shall be deleted.
8. In section 2b, paragraph 1. 15, the word "Act" shall be replaced by the word "acts".
9. in section 3, paragraph 3. 1 (b). (c)), the word "Bank" shall be replaced by
"financial".
10. Footnote .3f shall be deleted, and that including a link to the note
below the line.
11. in section 4, paragraph 4. 2 the words "membership rights and obligations (hereinafter referred to as
"membership rights") "are replaced by the words" cooperative share
passes ".
12. in section 4, paragraph 4. 2 to 5, the words "Member rights" shall be replaced by
"cooperative share".
13. in section 4, paragraph 4. 3, the word "their" replaced by the word "its".
14. in section 4, paragraph 4. 4 the first sentence, the words "membership rights" shall be replaced by
"cooperative".
15. in section 4, paragraph 4. 4 the second sentence, the words "subject to" is replaced by
"If the", the words "membership rights" shall be replaced by the words "share" and
the word "this" is replaced by the words "this cooperative share".
16. in section 4, paragraph 4. 4 the fourth and fifth sentences with the words "transferred members
the law "is replaced by" cooperative "to be converted.
17. in section 4, paragraph 4. 6, the words "lease" shall be replaced by the words "without prejudice to the
the business establishment ".
18. in section 4, paragraph 4. 7 and section 6 (1). 11, the word "commitments" shall be replaced by
"debts".
19. in paragraph 5 (b). (g)), the word "written" is deleted.
20. In paragraph 6 (1). 1 the words "special Act" ^ 6) "is replaced by
"the law governing legal relations of commercial companies and cooperatives".
Footnote 6 is deleted.
21. in section 6 (1). 3 (b). (b)), the word "Bank" shall be replaced by
"financial".
22. in section 6 (1). 5, the words "the Special Act, ^ 2)" is replaced by
"the law governing legal relations of commercial companies and cooperatives".
Footnote 2 shall be deleted.
23. in section 6 (1). 9, the words "special law ^ 7)" shall be replaced by
"the law governing legal relations of commercial companies and cooperatives".
Footnote 7 is repealed.
24. Footnote 8 is deleted, including a link to the note
below the line.
25. In section 7 (2). 5 the first sentence, the words "special Act" are replaced by
the words "the law governing legal relations of companies and
cooperatives ".
Footnote No. 10 shall be repealed, and that including a link to the note under
line.
26. in section 7 (2). 5 the third sentence, the words "statutory authority" shall be deleted,
After the word "authority" the words "of the Board" and "Supervisory Board
the Council "shall be replaced by the words" supervisory authority ".
27. in section 7 (2). 5 of the fourth sentence, the words "in the Board of directors or of the supervisory
the Council "shall be replaced by" in the statutory authority, the management board or
supervisory authority ".
28. in § 9 para. 1 the last sentence, the words "commercial code"
replaced by the words "the law governing legal relations of business
companies and cooperatives ".
29. Footnote 13 is repealed, and including a link to the note
below the line.
30. In section 10, paragraph 3, including footnote No 14 be deleted.
31. in § 13 para. 5, the word "form" is deleted.
32. In § 13 para. 8, the third sentence shall be deleted.
33. In § 13 para. 9, the words "with the commercial code shall be replaced by the
the law governing the legal relations of the trading companies and cooperatives ".
34. In paragraph 25f para. 7, the words "its statutory authority" be deleted and the
the words "its statutory authority or its Member" shall be replaced by
"a member of its statutory authority".
35. In section 25 h of paragraph 1. 1, 2, and in section 25 l of paragraph 1. 3 (b). (c)), the words "organizational
the folder "shall be replaced by" branch ".
36. In section 27 para. 3, the words "of the commercial code or" shall be deleted.
37. In article 28 h of paragraph 1. 2 the word "commitments" shall be replaced by "debt".
PART TWENTY-
Amendment of the Act on State social support
Article. XXIII
Act No. 117/1995 Coll., on State social assistance, as amended by Act No.
137/1996 Coll., Act No. 132/1997 Coll., Act No. 242/1997 Coll., Act No.
91/1998 Coll., Act No. 157/1998 Coll., Act No. 360/1999 Coll., Act No.
118/2000 Coll., Act No. 132/2000 Coll., Act No. 155/2000 Coll., Act No.
492/2000 Coll., Act No. 273/2001 Coll., Act No. 151/2002 Coll., Act No.
309/2002 Coll., Act No. 320/2002 Coll., Act No. 125/2003 Coll., Act No.
362/2003 Coll., Act No. 424/2003 Coll., Act No. 441/2003 Coll., Act No.
453/2003 Coll., Act No. 53/2004 Coll., Act No. 235/2004 Coll., Act No.
315/2004 Coll., Act No. 435/2004 Coll., Act No. 561/2004 Coll., Act No.
124/2005 Coll., Act No. 168/2005 Coll., Act No. 204/2005 Coll., Act No.
218/2005 Coll., Act No. 377/2005 Coll., Act No. 381/2005 Coll., Act No.
552/2005 Coll., Act No. 109/2006 Coll., Act No. 112/2006 Coll., Act No.
113/2006 Coll., Act No. 115/2006 Coll., Act No. 135/2006 Coll., Act No.
189/2006 Coll., Act No. 216/2006 Coll., Act No. 262/2006 Coll., Act No.
585/2006 Coll., Act No. 213/2007 Coll., Act No. 261/2007 Coll., Act No.
269/2007 Coll., Act No. 379/2007 Coll., Act No. 129/2008 Coll., Act No.
239/2008 Coll., Act No. 305/2008 Coll., Act No. 306/2008 Coll., Act No.
382/2008 Coll., Act No. 414/2008 Coll., Act No. 227/2009 Coll., Act No.
281/2009 Coll., Act No. 326/2009 Coll., Act No. 362/2009 Coll., Act No.
346/2010 Coll., Act No. 347/2010 Coll., Act No. 427/2010 Coll., Act No.
73/2011 Coll., Act No. 364/2011 Coll., Act No. 366/2007 Coll., Act No.
375/2007 Coll., Act No. 428/2007 Coll., Act No. 458/2007 Coll., Act No.
331/2012 Coll., Act No. 399/2009 Coll., Act No. 401/2012 Coll. and act
No 48/2013 Coll., is amended as follows:
1. in paragraph 10 of section 7 including the footnotes 18 and 32-37:
"(10) A decision of the competent authority on child custody
substitute parental care, for the purposes of this Act be deemed
the Court on the
and) the custody of any other person ^ 32),
(b) the adoption of a child) ^ 33),
(c) the delivery of the child to the care of) the prospective adoptive parent ^ 34),
(d) the delivery of the child to the adoptive parents) care before adoption ^ 35),
(e) appointment of a guardian of natural persons) of the child ^ 36),
f) entrusting the child in foster care and to foster care for a transitional
time ^ 37),
g) conferral of a child in foster care, those interested in předpěstounské
care ^ 18),
(h) the interim measure) child care.
18) section 963 of the civil code.
32) § 953 of the civil code.
33) § 796 of the civil code.
34) § 824 of the civil code.
35) section 826 of the civil code.
36) § 928 of the civil code.
37) § 958 of the civil code. ".
2. in section 24 para. 2, the first sentence, including footnote # 47a
deleted and the third and fourth sentences are replaced by the phrases "For the tenant of the apartment,
both spouses shall be deemed to have the common law lease apartment ^ 47b). For
the duration of the rental relationship, for the purposes of entitlement to the
housing and the time from termination of membership in a housing co-operative in
the final date for vacating the apartment, the period from the death of the tenant service apartment
Special purpose or apartment until the deadline for clearing this apartment and
the time from the permanent abandonment of service apartment or apartment special purpose
its tenant until the deadline for vacating the apartment. ".
Footnote 47b:
"47b) § 745 and 746 of the civil code.".
3. in § 31 para. 2 the third sentence, the words "this person, who has reached the age of
for 16 years, said parental responsibility according to the law on the family "
replaced by the words "decided to suspend the performance of the obligations and rights of custody
about the child with the parents of the minor ".
4. In article 59 paragraph 2. 1 (b). and), after the words "legal representative"
the words "or guardian".
5. In § 63 para. 7 the letter i) reads as follows:
"i) limitation of incapacitation,".
6. In § 63 para. 7 (b). (j)) and in § 63 para. 8 (a). about) the words
"legal guardian", the words "or guardian" and the words
"legal representative" with the words "or guardian".
7. In § 63 para. 8 letter j) is added:
"j) limitation of incapacitation,".
8. In section 67 para. 4 the first sentence, the words "having the capacity to perform legal acts ^ 55)"
shall be replaced by the word "enjoys the ^ 55)".
Footnote # 55:
"55) § 49 et seq. of the civil code. ".
PART OF THE TWENTY-FIRST
Amendment of the Act on pension insurance
Article. XXIV
Act No. 155/1995 Coll., on pension insurance, as amended by Act No.
134/1997 Coll., Act No. 289/1997 Coll., Act No. 220/1999 Coll., Act No.
18/2000 Coll., Act No. 121/2000 Coll., Act No. 132/2000 Coll., Act No.
220/2000 Coll., Act No. 115/2001 Coll., Act No. 185/2001 Coll., Act No.
353/2001 Coll., Act No. 198/2002 Coll., Act No. 261/2002 Coll., Act No.
264/2002 Coll., Act No. 361/2003 Coll., Act No. 424/2003 Coll., Act No.
425/2003 Coll., Act No. 85/2004 Coll., Act No. 283/2004 Coll., Act No.
359/2004 Coll., Act No. 435/2004 Coll., Act No. 561/2004 Coll., Act No.
168/2005 Coll., Act No. 361/2005 Coll., Act No. 377/2005 Coll., Act No.
24/2006 Coll., Act No. 109/2006 Coll., Act No. 189/2006 Coll., Act No.
264/2006 Coll., Act No. 262/2006 Coll., Constitutional Court
the declared under no. 405/2006 Coll., Act No. 152/2007 Coll., Act No.
181/2007 Coll., Act No. 218/2007 Coll., Act No. 261/2007 Coll., Act No.
296/2007 Coll., Act No. 178/2008 Coll., Act No. 305/2008 Coll., Act No.
306/2008 Coll., Act No. 382/2008 Coll., Act No. 479/2008 Coll., Act No.
41/2009 Coll., Act No. 108/2009 Coll., Act No. 158/2009 Coll., Act No.
303/2009 Coll., Constitutional Court declared under no. 135/2010 Coll.,
Act No. 347/2010 Coll., Act No. 73/2011 Coll., Act No. 220/2007 Coll.
Act No. 341/2011 Coll., Act No. 348/2011 Coll., Act No. 364/2011 Sb.
Act No. 365/2011 Coll., Act No. 428/2007 Coll., Act No. 458/2007 Coll.
Act No. 470/2011 Coll., Act No. 314/2009 Coll., Act No. 401/Sb.
Act No. 403/2009 Coll. and Act No. 463/2012 Coll., is amended as follows:
1. In article 3, paragraph 3. 1 the words "the eligibility of a person to have in the legal relations
insurance rights and obligations "shall be replaced by" Legal personality in
legal relations ".
2. In article 3, paragraph 3. 2 the first sentence, the words "the eligibility of the person's own
legal acts to acquire in legal relations of insurance rights and take on
themselves obligations "shall be replaced by" Full legal capacity in legal relations
insurance "and in the third sentence, the words" and the deprivation of legal
acts "shall be replaced by" incapacitation ".
3. Footnote 2 reads as follows:
"2) section 30 of the civil code.".
4. in section 3, paragraph 3 reads:
"(3) a person who does not have legal capacity in accordance with paragraph 2, shall be
represented by a legal representative or guardian; who is the legal
guardian or guardian, shall determine the civil code. ".
Footnote 3 is repealed.
5. footnote # 5 d is deleted, including a link to the note
below the line.
6. § 9 para. 6 (a). (e)), the words "paragraph. 3 "shall be replaced by" paragraph. 4. "
7. in section 20 (2). 1, the word "permanent" is deleted.
8. In section 20 (2). 2, the word "permanent" be deleted and the second sentence after the word
the "decision" shall be replaced by "the Court".
9. In paragraph 20, the following is inserted after paragraph 2 paragraph 3, including the
footnotes # 38 to 45 reads as follows:
"(3) A decision of the competent authority referred to in paragraph 2, first sentence
shall be deemed to
and) a court decision on the custody of another person ^ 38),
(b)) a court decision on adoption of a child ^ 39),
(c) the Court's decision on surrender) of the child to the care of the prospective adoptive parent ^ 40),
(d) the Court's decision on surrender) of the child to the care of adoptive parents before
adoption ^ 41),
(e) appointment of a guardian of natural persons) of the child ^ 42),
(f) the decision of the Court to grant custody of) child in foster care and to foster
care on a temporary basis ^ 43),
(g) the decision of the Court to grant custody) of a child in care předpěstounské people interested in
foster care ^ 44),
h) Court decision on interim measures concerning child care ^ 45),
I) filing the court case to court on the provisions of the physical
the person to be a guardian of the child, if this person personally takes care of the child and
It does not have the obligation, for a period of time when this
court proceedings.
38) section 953 of the civil code.
39) § 796 of the civil code.
40) § 824 of the civil code.
41) section 826 of the civil code.
42) § 928 of the civil code.
43 958 of the Civil Code).
44) section 963 of the civil code.
45) § 452 Act No. 292/2013 Coll., on special procedures the Court. ".
Paragraphs 3 to 6 shall become paragraphs 4 to 7.
10. the title under section 24 reads as follows: "persons and household".
11. In paragraph 24 of the present text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) households for purposes of this Act, the community
natural persons permanently living together and sharing costs together
its needs. ".
12. In § 50 para. 3, the word "permanent" is deleted.
13. in § 55 para. 2 the second sentence after the word "for" is added
"missing or".
14. in § 64 para. 1, after the words "legal representative" the words "or
the guardian ".
15. In paragraph 88, the word "competence" is replaced by "legal capacity".
PART TWENTY-TWO
Amendment of the Act on the legal profession
Article. XXV
Act No. 85/1996 Coll., on the legal profession, as amended by Act No. 210/1999 Coll.
Act No 120/2001 Coll., Act No. 6/2002 Coll., Act No. 229/2002 Coll.
Act No. 349/2002 Coll., Act No. 192/2003 Coll., Act No. 235/2004 Coll.,
Act No. 283/2004 Coll., Act No. 561/2004 Coll., Act No. 205/2005 Coll.
Act No. 79/2006 Coll., Act No. 309/2006 Coll., Act No. 296/2007 Coll.
Act No. 254/2008 Coll., Act No. 314/2008 Coll., Act No. 219/2009 Coll.,
Act No. 227/2009 Coll., Act No. 214/2011 Coll., Act No. 193/2009 Sb.
and Act No. 202/2012 Coll., is amended as follows:
1. in § 5 para. 1, letter a) is added:
") who is fully enjoys."
2. In section 7b of the paragraph. 1 letter c) is added:
"(c)), who was limited in the incapacitation, is deleted from the list of lawyers to
the date of the decision of the Court was his legal capacity
limited ".
3. § 9 para. 2 (b)):
"(b)) if proceedings for limitation of his incapacitation, and maximum
until the day when the decision has become final, which this control
ends ".
4. In article 11 (1) 1 (b)):
"(b)), together with other lawyers as a partner of the company in accordance with
the civil code (hereinafter referred to as "the Association"), or as a companion
the company under section 15, or as a companion to a foreign company,
or ".
5. footnotes 2, 3, 3a, 4, 4b, 5, 6, 7, 8, 10 c, 10 d, 10e,
10F, 10 g, and 12a shall be deleted, and that including links to footnotes.
6. In § 13 para. 2, the words "place of business" is replaced by "established
entrepreneur. "
7. the heading of section 14 is repealed.
8. section 14 including the title reads as follows:
"section 14
Association
(1) Attorneys can bring together for the purpose of joint practice; in
this case, the adjusted mutual relations of a written contract in accordance with
of the civil code. The partners of the Association can only be lawyers and
they are required to exercise the legal profession under a common name. In order to achieve
the agreed purpose of the Association is its individual shareholders are entitled to
employ more lawyers pursuant to § 15a; These lawyers are not companions
of the Association.
(2) property acquired by the joint practice is becoming
coownership of all partners of the Association, unless the contract
otherwise. Under the Treaty, to make decisions about managing the common Affairs of the most
votes of members, each of the partners belongs to one vote, subject to the
agreement otherwise. The management of public affairs could not appoint a third person.
(3) lawyers who are the partners of the Association, you must have a joint headquarters;
If there is a breach of this obligation, there are effects of delivery even if the
When a document addressed to some of the members of the Association is delivered
any other shareholder.
(4) a lawyer who is a member of the Association, not from the date of
to the date of termination of participation at the same time to exercise the legal profession alone,
as a partner in a company or as a companion to a foreign company,
in another, or in employment.
(5) the provisions of paragraphs 1 to 4 shall not apply if the parties agree with the attorneys in the
the common provision of legal services in one or more of the cases. ".
9. in article 15, paragraph 2. 1 the words "incorporated under the commercial code"
shall be deleted.
10. in article 15, paragraph 2. 2 the words "commercial code" shall be replaced by
"the law governing legal relations of commercial companies and cooperatives".
11. in article 15, paragraph 2. 3 the words "the repayment of the whole of its contribution to the basic
the company's capital in the commercial register ^ 4b) "shall be replaced by
"meet deposit obligations in full in the commercial register".
12. In paragraph 15 d of paragraph 1. 2 and in section 27 para. 3, the word "damages" is replaced by
"the injury".
13. in section 15e para. 2, the words "of the participants of the Association and the other participants
the Association "shall be replaced by" of the partners of the Association and other partners
the Association ".
14. in § 24 para. 1, § 24 para. 2 and 3, § 24a para. paragraph 1, section 24b. 1, §
35 p para. 5, and in section 35t para. 1 and 2, the word "loss" shall be replaced by
"the injury".
15. in section 24 para. 1 the term "damage" is replaced by "injury".
16. in § 24 para. 4, the word "damage" is replaced by the word "injury".
17. in section 24a of para. 1 the words "the obligation to compensation ' shall be replaced by
"the obligation to compensate for the injury," and the word "whose" shall be replaced by the word
"whose".
18. In article 24 c of paragraph 1 reads:
"(1) the Chamber of Commerce arranged for lawyers practising the legal profession alone
or as partners of the Association, insurance against liability for
the injury for which the client, in accordance with § 24 para. 1 (hereinafter referred to as
"bulk insurance lawyers"). The insurance contract about bulk insurance
lawyers shall publish in the journal of the Chamber. The lawyer is obliged to pay the
Chamber insurance lawyers insurance from bulk to the end of the calendar
year preceding the calendar year to which the bulk of the insurance
lawyers apply. ".
19. in section 27, paragraph 5 is added:
"(5) if the lawyer Died, who held court at the bar alone,
the design of the Chamber shall appoint a successor to the deceased lawyer, if the appointment
agrees that part of the administrator of the estate, which the deceased Attorney
He used to practice. ".
20. in section 30 paragraph 2. 2 and in section 35t para. 1 the word "obligations" be replaced by
the word "debts".
21. in section 35 h of paragraph 1. 1 and section 35n para. 4, the words "a member of the Association"
replaced by the words "Companion".
22. in paragraph § 35s 5, the words "commercial code" shall be replaced by
"the law governing legal relations of commercial companies and cooperatives".
23. in § 37 para. 1, letter a) is added:
") who is fully enjoys."
24. in paragraph 2 of section 55b. 2 the word "commitments" shall be replaced by "debt".
Article. XXVI
Transitional provision
The obligation to be insured pursuant to section 24a, 24b or 35t Act No. 85/1996 Coll.,
in the version in force from the date of entry into force of this Act, the Attorney
limited liability company, limited partnership, established the European
lawyer, partner foreign company that is liable for its debts
the whole of his property, and a foreign company that has no
unlimited liability partners, to meet not later than 1 year from the date of acquisition
the effectiveness of this Act. The obligation to these people to be the conclusion of the insurance
in the first sentence of the Treaty insured under the existing legislation
This does not affect.
PART TWENTY-THREE
Amendment of the Act on the valuation of assets
Article. XXVII
Act No. 151/1997 Coll., on the valuation of assets and amending some laws
(law on the valuation of assets), as amended by Act No. 121/2000 Coll., Act No.
237/2004 Coll., Act No. 256/2004 Coll., Act No. 296/2007 Coll., Act No.
188/2007 Coll. and Act No. 350/2012 Coll., is amended as follows:
1. In section 2, at the end of paragraph 1, the following sentence "MSRP expresses
the value of the case and shall be determined by comparing. ".
2. In section 2, paragraph 1, the following new paragraphs 2 and 3 shall be added:
"(2) an extraordinary price means the price to which reflect
the extraordinary circumstances of the market, the personal circumstances of the seller or buyer
or the effect of special popularity.
(3) the price determined pursuant to this Act, other than the usual price or
special price, the price is recorded. ".
Paragraphs 2 and 3 shall become paragraphs 4 and 5.
3. in the first part of the title of the second: "REAL ESTATE".
4. In article 3, paragraph 3. 1 (b). and point 1), the following point 2 is added:
"2. the drive".
Point 2 becomes point 3.
5. § 4 paragraph 2 reads as follows:
"(2) the building shall be valued according to the purpose of its use, regardless of whether it is a
immovable or movable thing or whether it is part of the land or of the law
construction. ".
6. In section 4, paragraph 2, the following paragraph 3 is added:
"(3) if the construction of a separate things, its price will be added to the price
immovable property of which it is a part of. ".
The former paragraph 3 shall become paragraph 4.
7. in § 5 para. 1 (b). (c)), after the words "technical" words
"or moral".
8. In section 5, the dot at the end of paragraph 1 is replaced by a comma and the following
the letter d), which read as follows:
"(d)) from taking into account the price of the machine or other device,
If it is not registered in the land register reservation, that the machine is not
the property of the owner of the immovable property ".
9. in § 5 para. 2, after the words "technical", the words "or
moral ".
10. section 8 including the title reads as follows:
"section 8
Valuation of units
(1) on the drive that is flat, or that includes the apartment, is valued, including
share of the joint parts of immovable property, even in the case where the
located outside of the House, including a share in the immovable things that make up the
accessory House, intended for common use.
(2) on the drive that is commercial space or that includes non-residential
the space is valued, including the share of the joint parts of immovable property and
even if they are placed outside the House, including a share of the
immovable things that make up the accessories of the House intended for the common
use; non-residential space are not accessories of the apartment or common
part of the House.
(3) the price of the unit is found by the cost or comparative way.
The size of the share of the joint parts of immovable property belonging to the
the drive is found from the public list. The way they award provides
the Decree following the nature and the purpose of use of the building in which the unit
is located.
(4) the cost of accessories of immovable property that is not building its
components, such as, in particular, outdoor, wells and editing side of the building
joint use, used exclusively for the purposes of the valuation unit
a dwelling or non-residential premises in its price in the amount of
co-ownership.
(5) the floor area of the drive you are an apartment or commercial space,
or that includes an apartment or commercial space, is the sum of all
assessment of surface of floors for individual rooms or rooms in the
space-separated part of the House and space used exclusively with them.
How to determine the area assessment sets out the Decree.
(6) the plot, which is a common part of the unit, are valued separately and
its price will be added to the price of the unit. ".
Footnote No 8 and 9 are deleted.
11. in § 9 para. 1, letter a) is added:
"a) building land,".
Footnote # 22 to 25 are deleted.
12. in § 9 para. 1 (b). (c)), after the word "immovable property" shall be inserted after.
13. in section 9 shall be inserted after paragraph 1, paragraphs 2 and 3 shall be added:
"(2) for the purposes of building land valuation be broken down to
and) undeveloped land,
1. registered in the land registry in the kind of land and built-up areas
the courtyard,
2. registered in the land registry in each type of land,
that have been issued by planning, regulatory plan,
public treaty replacing the zoning or land use
the consent of the intended for development activities; If a special regulation established
the maximum permissible built-up areas, building land only
the part corresponding to the permissible limit for construction,
3. registered in the land registry in the kind of plot or garden
other areas, into a single functional unit. The single functional total
shall mean land in kind land garden or other area that
continuously linked to the land registered in the land registry in the kind of
the land surface and the courtyard of the building, with the common purpose of
their use. In a single functional unit can be even more land
kind land built-up area and the courtyard,
4. registered in the land register with the right structures,
(b) a built-up land)
1. registered in the land registry in the kind of land and built-up areas
the courtyard,
2. registered in the land registry in kind land other areas,
that are already built,
(c) the area of land actually built) buildings regardless of logged
the status of the land register.
(3) further subdivision of land for the purposes of valuation in connection to the kind of
the land and its purpose of use provides for the Ordinance. ".
Paragraphs 2 and 3 shall become paragraphs 4 and 5.
14. in section 10, paragraph 1. 1 the word "identified" replaced by the word "specified".
15. in section 10, paragraph 1. 3 and 6 and § 24 para. 3, the word "finds" replaces
the word "determines".
16. in section 10, paragraph 1. 3 last sentence, the words "may provide" be replaced by
the word "down".
17. in section 10, paragraph 1. 4, the word "figure" is replaced by "determine".
18. in section 10, the following paragraph 8 and 9 shall be added:
"(8) to the price of the land identified under paragraph 1 plus the cost of construction,
where appropriate, of the structures that are part of it. The building, which is
part of the land, on several grounds, be awarded to the price of the land,
that is přestavkem. How to determine the amount of intangible assets shall establish
the Decree.
(9) to the price of the land identified under paragraph 1, plus the price of permanent
crops. ".
19. In the heading of section 13 and section 13, "tanks, the water flows" are replaced by
the word "areas".
20. under the first head of the second part shall be added to the fourth, including
Title:
"Part of the fourth
Rights to immovable things
section 16a
The valuation of the rights of the construction
(1) the right of the building is valued on the basis of the annual yield way
the benefits of continued use with application of the law, which expires by the year award
until the demise of the law. The Decree provides for the method of calculation.
(2) for the right to build the awards with abusive construction, construction law
fix, finds the annual benefit of the parcel or part of a loaded
This law. The annual benefit is multiplied by the number of years of continued use rights,
but not more than five.
(3) For the right to build the award established by the building construction law
fix, the annual benefit as a proportion of the total finds observed prices
round-trips to the land, or any part thereof, and the observed prices of buildings, and
the total duration of rights.
(4) the Awards referred to in paragraphs 2 and 3 shall not apply, if the law construction
established for payment or if Awards rights to determine the contract or
the decision of the competent authority, and if there is no consideration of more than one third of the
lower than the annual benefit established pursuant to paragraph 2 or paragraph 3.
section 16b
Valuing easements
(1) the Ministry shall be valued on the basis of the annual yield way benefit
taking into account the degree of limitation of servitude of the usual price.
(2) the award referred to in paragraph 1 shall not apply if it can be to determine the annual
benefit from the Treaty or from a decision of the competent authority when
creation of the Ministry was the annual benefit from this burden and if it is not listed on the
more than one third lower than the usual price.
(3) the annual benefit under paragraphs 1 and 2 are multiplied by the number of years of use
law, but not more than five.
(4) if the law of a person at the time of her life, the
ten times that of the annual benefit.
(5) if the price of the figure under the previous paragraphs, the right to
uniformly the amount of $ 10,000.
(6) the real burden or the right of the redeemable of the Ministry shall be valued at
the amount of the refund referred to in the contract or in the decision of the competent authority.
Are referred to in the contract only real burdens or conditions of purchase
the abolition of the Ministry for adequate compensation, the compensation shall be calculated in accordance with
given the conditions at the measurement date.
(7) the right to set up differently than the material burden of Ministry, or similar
the real proof is valued in accordance with paragraphs 1 to 6. ".
21. in section 17(2). 1 at the end of the text of the first sentence, the words ", with the
the options take into account the degree of obsolescence ".
22. section 18, including title and footnote 18 repealed.
23. In the heading of section 22 and section 24 para. 1 the word "commitments" shall be replaced by
"debt".
24. in paragraph 22 of the paragraph. 1 the words "liability (debt)" shall be replaced by the word "error",
the word "commitments" shall be replaced by the word "debts" and the word "commitment"
replaced by the word "debt".
25. in section 22 to the end of the text of paragraph 2, the words "or,
If the contract does not exclude, the amount which would correspond to the amount of the surrender value to
valuation date ".
26. section 23, including the title reads as follows:
"article 23 of the
The valuation of shares in commercial corporations
The valuation of the share or a share of the settlement of a shareholder shall be treated
According to the law on commercial corporations. ".
27. in the first part of the title of the sixth is: "COMMERCIAL ESTABLISHMENT".
28. In the heading of section 24, the word "business" is replaced by "commercial
the race ".
29. in § 24 para. 1 the words "undertaking or its part (hereinafter referred to as" the company ")"
replaced by the words "commercial establishment or part thereof (hereinafter referred to as" the race ")"
the word "discovered" shall be replaced by the word "intended".
30. In § 24 para. 2 and 4, the word "undertaking" shall be replaced by the word "race".
31. in § 24 para. 3 and 4, the word "business" is replaced by "ex works".
32. In § 24 para. 4, the word "identified" is deleted.
33. In § 33 para. 1, the words "to 8, section 10" be deleted and the words "§ 15 to 17"
are replaced by the words "§ 15 and 16a and 17".
34. In § 33 para. 3 the words "real estate" is replaced by "immovable
things "and the word" property "is replaced by the words" real estate ".
PART OF THE TWENTY-FOURTH
Changing the law on supervision in the field of capital market
Article. XXVIII
Law No. 15/1998 Coll., on surveillance in the capital market and amending and
additional laws, as amended by Act No. 30/2000 Coll., Act No.
362/2000 Coll., Act No. 366/2000 Coll., Act No. 312/2002 Coll., Act No.
309/2002 Coll., Act No. 256/2004 Coll., Act No. 626/2004 Coll., Act No.
381/2005 Coll., Act No. 56/2006 Coll., Act No. 57/2006 Coll., Act No.
70/2006 Coll., Act No. 224/2006 Coll., Act No. 342/2006 Coll., Act No.
296/2007 Coll., Act No. 104/2008 Coll., Act No. 230/2008 Coll., Act No.
250/2008 Coll., Act No. 254/2008 Coll., Act No. 227/2009 Coll., Act No.
230/2009 Coll., Act No. 281/2009 Coll., Act No. 160/2010 Coll., Act No.
139/2011 Coll., Act No. 188/2011 Coll., Act No. 428/2007 Coll., Act No.
37/2009 Coll., Act No. 513/91 Coll. and Act No. 273/2009 Coll., is amended
as follows:
1. In paragraph 3 (b). a), b) and (c)), the word "bonds" shall be deleted, the word
"company" shall be replaced by the word "Corporation" and the words "and the area
placement of funds, pension funds "are replaced by the words"
, retirement savings and pension plans ".
2. Footnote No 8 and 9 are deleted, including links to
the footnote.
3. In Section 7a of the paragraph. 1 introductory part of the provisions, the words "commercial
code, the law on takeover bids and the Act on business
the capital market "are replaced by the words" by the law governing the legal relations
commercial companies and cooperatives, the law governing takeover bids
and the law governing the capital market ".
4. In Section 7a of the paragraph. 1 (b). a), the words "§ 183 of the commercial code"
replaced by the words "the law governing legal relations of business
companies and cooperatives "and the words" the procedure under § or § 183n 186a
commercial code, "shall be deleted.
5. In Section 7a of the paragraph. 2, the words "by the law on capital market
and the commercial code "are replaced by the words" and the law governing business
on the capital market. "
6. In Section 7a of the paragraph. 3 last sentence, the words "in a manner allowing remote
Access "shall be replaced by" on their website ".
7. in section 8a, the word "bonds" shall be replaced by "these bonds or
similar securities representing the right to repayment of debt
the amounts "and the word" bonds "shall be replaced by the words" these bonds or
similar securities representing the right to repayment of the amount owed ".
8. the footnote No. 10 shall be repealed, and that including a link to the note
below the line.
9. in section 11 (1) 2 (a). (b)), and (c)), the words "not perform any acts
pointing to "be replaced by" has not acted in the manner aiming at ".
10. In section 11 (1) 2 (a). (c)), the words "in the Administration" shall be replaced by the words "in
custody ".
11. section 13 reads as follows:
"section 13
(1) the Czech National Bank leads lists
) and securities traders,
(b)), the organizers of the regulated market,
(c) the operators of securities settlement systems with) the finality of settlement,
d) insurance undertakings,
e) investment intermediaries
(f)) the securities settlement systems with the finality of settlement and their
of the participants,
g) participants of foreign securities settlement systems with the finality of
the settlement who have a domicile or registered office in the Czech Republic,
h) participants of the CSD,
I) agencies for credit assessment,
(j)) of the persons authorized to conduct separate registers of investment instruments,
foreign markets similar to) the regulated market based in the State,
that is not a Member State,
l) prospectuses of securities approved by the Czech National Bank, including
electronic link to the prospectus published on the
the website of the issuer, or the regulated market
at least for a period of 12 months from the approval
m) certificate of approval of the prospectus or supplement
prospectus approved supervisory authority of another Member State, it
It was granted this authority, including an electronic link to the
certificate of approval published on this website
supervisory authority, the issuer or the regulated market at least
period of 12 months from the date of issue of the certificate of approval,
n) foreign persons who provide investment services on the territory of the United
Republic, containing all information about any branch of business establishment
located on the territory of the Czech Republic,
about pension companies representatives-bound),
p) bound representatives of investment companies
q) representatives of investment intermediaries, bound
r) representatives-bound people not referred to in subparagraphs (a) o) to (q)),
s) securities dealers who carry out systematic
internalisation,
t) shares admitted to trading on a regulated market, divided into
groups based on the average trading volume, indicating the standard volume
stores, for each group,
u) liquid shares admitted to trading on a regulated market,
pension companies)
the depositaries of pension funds) and depositaries of the participating funds and
the transformed funds
x) the international financial institutions, whose debts are guaranteed by the
States which are members of it, and
s) reputable rating agencies.
(2) the lists referred to in paragraph 1 are not public nor public lists
registers under the law governing public registers of legal entities and
natural persons.
(3) the Czech National Bank publishes
and the list of European regulated markets), published in the official journal of the
The European Union,
(b)), the list of foreign securities settlement systems with the finality of
settlement and
(c)) the list of rating agencies, published in the official journal of the European
Union.
(4) in the lists referred to in paragraph 1 shall be entered at least
and legal persons) in the business name or the name, registered office and identification
number of the person, if any, and
(b) the natural person) in the business name or name and surname, address
place of residence or registered office and number of the person it has been allocated.
(5) the Czech National Bank publishes the lists referred to in paragraphs 1 and 3
on its Web site.
(6) the Czech National Bank publishes and regularly updates on their
website in Czech and English language list of legal
the provisions that govern the scope of business activities on the capital market,
the management and administration of investment funds and foreign
investment funds and offering of investment in these funds, rights
business corporations in the field of capital market, the supplementary
pension savings, retirement savings and pension plans, and
official communication from the Czech National Bank to them. ".
Footnote # 19, 20, 20b, 20 c, 27, 28 and 32 shall be deleted.
12. in § 14 para. 1 introductory part of the provisions, the words "in a manner
allowing remote access "shall be replaced by the words" on its Internet
website ".
13. in § 14 para. 3 (b). (b)), the word "listed" is deleted.
14. in section 26 para. 2 (a). c) point 3, the word "commitments" shall be replaced by
"debt".
15. in section 26 para. 2 (a). (d)), the word "company" shall be replaced by
"corporations".
PART OF THE TWENTY-FIFTH
Amendment of the Act on liability for damage caused in the exercise of public authority
Article. XXIX
Act No. 82/1998 Coll., on liability for damage caused in the performance of
of public authority by a decision or incorrect official procedure and amending
the Czech National Council Act No. 357/1992 Coll., on the notarial profession and their activities
(the notarial regulations), as amended by Act No 120/2001 Coll., Act No. 234/2002
Coll., Act No. 539/2004 Coll., Act No. 159/2006 Coll., Act No. 41/2009
Coll., Act No. 41/2007 Coll., Act No. 396/2012 Coll. and Act No. 105/2013
Coll., is amended as follows:
1. In section 4, paragraph 4. 1 the words "and the acts of a notary" shall be replaced by ",
the facts in the public register made by the notary according to the law
regulating public registers of legal entities and natural persons, acts of
notary public ".
2. in section 17(2). 4, second and third sentences deleted.
3. In paragraph 35, the current text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) the period of limitation is not running after a period of disciplinary or criminal proceedings, the judge
or the Prosecutor (section 17 (2)). ".
PART TWENTY-SIX
Amendment of the Act on the liability insurance of the vehicle
Article. XXX
Act No. 168/1999 Coll., on liability insurance for damage caused by
the operation of the vehicle and amending certain related laws (the law on the
liability insurance of the vehicle), as amended by Act No. 307/1999
Coll., Act No. 56/2001 Coll., Act No. 320/2002 Coll., Act No. 47/2004
Coll., Act No. 377/2005 Coll., Act No. 57/2006 Coll., Act No. 296/2007
Coll., Act No. 137/2008 Coll., Act No. 274/2008 Coll., Act No. 278/2009
Coll., Act No. 281/2009 Coll., Act No. 341/2010 Coll., Act No. 18/2012
Coll., Act No. 160/2013 Coll. and Act No. 239/2013 Coll., is amended as follows:
1. in the title of the Act, in section 1 (1). 1 (b). and, § 2 (b)). k), § 6 para. 8, §
7 (2). 1 (b). and), e), (g) and (h))), section 7 (2). 2 and 4, § 9a, para. 3, § 9b
paragraph. 3, § 9 para. 2, § 10 para. 1 (b). a) and (c)), section 11 (1) 3 and 4, §
14. 1, § 24 para. 2 (a). a) to (e)), and (g)), § 24 para. 3, § 24 para.
10 (a). § 24a), para. 9, section 24b para. 1 (b). (b)) and in section 24b of paragraph 1. 2
(a). (c)), the word "damage" is replaced by the word "harm".
2. In article 1 (1). 2 and in section 2 (a). f), the words "liability"
replaced by the words "the obligation to replace the injury".
3. In article 1 (1). 3, the words "special legislation" ^ 4a) "are replaced by
the words "civil code".
Footnote No. 4a is deleted, including the references to the note below
line.
4. In paragraph 2 (a). (g)), section 6 (1). 2 the final part of the provision, § 6 para. 4
and 8, § 7 (2). 1 (b). and) and (f)), section 7 (2). 2 and 3, § 8 para. 3 (b). (e)),
§ 9a, para. 2 of the introductory part of the provisions of, section 9b paragraph 1. 2 of the introductory part
the provisions of § 9 para. 2, § 11 (1) 4, § 15a paragraph 1. 3 (b). and), and (e)), §
paragraph 18A. 1 (b). a) to (c)), section 18a of para. 2 (a). (b)) § 18a, paragraph. 3 (b).
(b)), § 24 para. 2 (a). and section 24, paragraph 1). paragraph 3, section 24a. 5 (b). a) and b) §
paragraph 24A. 7 (b). (b)), section 24a of para. 8 and 10, section 24b para. 1 (b). and) and in section
paragraph 24B. 2 (a). ) to c), the word "pity" is replaced by the word "injury".
5. In paragraph 2 (a). g) and (h)), section 3 (2). 1, § 6 (1). 7, § 7 (2). 1 (b). (f))
and (g)), section 7 (2). 2, § 8 para. 2 (a). a) and (c)), section 9A(1). 3, § 9b paragraph 1.
3, § 9 para. 1 introductory part the provisions of § 9 para. 2, § 10 para. 1
(a). (b)), section 10 (1). 4, § 11 (1) 2, § 15a paragraph 1. 1 introductory part
the provisions of § 24 para. 7, § 24 para. 10 (a). (b)), and (c)), section 24a of para. 5
(a). a) and b), section 24a of para. 6 in section 24b of paragraph 1. 1 (b). (b)), the word
"damages" is replaced by the word "injury".
6. In § 3a paragraph 2. 2, section 9A(1). 2 (a). (c)), and (d)), section 9b paragraph 1. 2 (a). b), §
9 c of paragraph 1. 1 (b). (c)), and (d)), section 11 (1) 3 and in section 24b of paragraph 1. 2 (a). a) and b)
the word "damage" is replaced by the word "injury".
7. In paragraph 6 (1). 1 the words "responsible party" be replaced by "is
required to replace the injury ".
8. In section 6 (1). 2 letter a) is added:
"the injury suffered and) bodily harm or killing,".
9. in section 6 (1). 2 the final part of the provision, § 6 para. 4, § 7 (2). 1
(a). (b)) and in section 10, paragraph 1. 1 (b). (b)), the words "for which the insured person
corresponds to the "be replaced by" which is the insured shall be obliged to replace ".
10. In section 6 paragraph 3 reads:
"(3) the injury referred to in paragraph 2 (a). ) to c) shall be replaced in cash no more than
to the limit of indemnity provided for in the insurance contract. ".
11. in section 7 (2). 1 (b). (b)), the words "damage" is replaced by "with the
the injury ".
12. In paragraph 7 (2). 1 (b). (c)), the words "the insured for damage"
replaced by the words "is insured shall be obliged to replace the damage".
13. in section 7 (2). 4, the words "the insured person for such damage" are replaced by
the words "is insured shall be obliged to replace this injury".
14. In the heading of section 11, the word "Pity" is replaced by the word "Injury".
15. In article 11 (1) 1 the term "Damage" is replaced by the word "harm".
16. in paragraph 11 (1) 2, the words "specific legislation. ^ 15)"
replaced by the words "civil code".
Footnote # 15 is deleted, including the references to the note below
line.
17. in paragraph 11 (1) 4, § 24 para. 2 (a). a) to (d)) and in section 24 para. 10 (a).
(c)), the words "for which he is responsible" shall be replaced by "which is required to
replace ".
18. in section 16b, paragraph 5 is added:
"(5) the territorial jurisdiction of the administrative authority to discuss the offence under section
16 is governed by a resident natural person suspected of a criminal offence and the local
jurisdiction of the administrative offense under section 16a is governed by established
entrepreneurial natural persons or legal persons suspected of having committed
the administrative offense. ".
19. in section 18 para. 2 (a). (g)), the word "damage" is replaced by "the emergence of
item of the event ".
20. in section 18 para. 6, the word "commitments" shall be replaced by the word "debts" and the word
"obligations" shall be replaced by the word "debts".
21. in paragraph 23, the words "legal acts" shall be replaced by the words "legally
Act ".
22. in section 24 paragraph 9 is added:
"(9) Payment in respect of the guarantee fund is created the Office entitled to
a refund of what rankled the injured party in accordance with paragraph 2 (a). a), b) and (g))
including the costs of another person charged with following up the case and Offices
by providing the performance to the victim or the application of this law. Against the
the claim for compensation under the Office of the first sentence are solidárními
borrowers and driver of the vehicle operator, which was caused by
the injury; only if the driver has an obligation to replace the injury. If you cannot
specify the operator of a vehicle, it is solidarity against the claim by the debtor
The Office of the owner of the vehicle. This does not apply to the owner of the vehicle, whose
liability insurance has been terminated in accordance with § 12 para. 1 (b). d). The Office is
shall request the competent guarantee fund, as appropriate, to the relevant
insurers ' Bureau to pay what rankled the victim according to the
paragraph 2 (a). (e)) or in the form of compensation under section 24a of para. 1
(a). (c)) and section 24b. ".
23. in section 24a of para. 7 (b). (c)), the words "for the damage" are replaced by
the words "shall be obliged to replace the injury".
PART TWENTY-SEVEN
Amendment of the Act on residence of aliens in the territory of the Czech Republic
Article. XXXI
Act No. 326/1999 SB. on residence of aliens in the territory of the Czech Republic and
amendments to certain laws, as amended by Act No 140/2001 Coll., Act No.
151/2002 Coll., Act No. 218/2002 Coll., Act No. 222/2003 Coll., Act No.
436/2004 Coll., Act No. 501/2004 Coll., Act No. 539/2004 Coll., Act No.
559/2004 Coll., Act No. 428/2005 Coll., Act No. 112/2006 Coll., Act No.
137/2006 Coll., Act No. 159/2006 Coll., Act No. 165/2006 Coll., Act No.
230/2006 Coll., Act No. 170/2007 Coll., Act No. 379/2007 Coll., Act No.
124/2008 Coll., Act No. 129/2008 Coll., Act No. 140/2008 Coll., Act No.
274/2008 Coll., Act No. 306/2008 Coll., Act No. 382/2008 Coll., Act No.
41/2009 Coll., Constitutional Court declared under no 47/2009 Coll.,
Act No. 197/2009 Coll., Act No. 227/2009 Coll., Act No. 278/2009 Coll.,
Act No. 281/2009 Coll., Act No. 424/2010 Coll., Act No. 427/2010 Coll.,
Act No. 73/2007 Coll., Act No. 303/2007 Coll., Act No. 329/2007 Coll.
Act No. 341/2010 Coll., Act No. 375/2007 Coll., Act No. 458/2007 Coll.
Act No. 222/2009 Coll., Act No. 494/2012 Coll. and Act No. 103/2013
Coll., is amended as follows:
1. In section 42e para. 5 (b). (c)), the words "inability to act"
replaced by the words "limitation of incapacitation".
2. In § 87 para. 7 (b). and (4)) the words "alien deprived of decision
the court competence to perform legal acts "shall be replaced by the words" court decision
the legal capacity of foreigners is limited ".
3. In section paragraph 87u 2, the words "or the deprivation of legal
acts "shall be replaced by" incapacitation ".
4. In section 87z paragraph. 1 (b). (c)), the words "or the deprivation of
the holder's legal capacity "are replaced by" incapacitation
the holder of the licence ".
5. In section 87aa paragraph. 1 (b). (c)), the words "or the deprivation of
confirmation of the holder's legal capacity "are replaced by" incapacitation
holder's confirmation. "
6. In § 96 para. 1, the words "which is not eligible under this Act to
such an act "are replaced by" the limited legal capacity does not allow
under this Act, such an act ".
7. In article 98 para. 2, the words "which is not eligible under this Act to
such an act "are replaced by" the limited legal capacity does not allow
under this Act, such an act ".
8. § 105 para. 1 (b)):
"(b)) on the restriction of the incapacitation of the alien".
9. § 105 para. 1 at the end of the text of subparagraph (c)), the words "or
missing ".
10. In section 117a para. 3 (b). and) point 4 is added:
"4. a record of the limitation of incapacitation,".
11. in section 117a para. 3 (b). (b)) point 4 is added:
"4. a record of the limitation of incapacitation,".
12. in section 117b of paragraph 1. 3, the words "an indication of the eligibility limits foreigners to
legal capacity or for waiver of the eligibility of foreigners "are replaced by
the words "an indication of the limits of incapacitation of a foreigner".
13. in section paragraph 117f 1 letter c) is added:
"(c)) the acquisition of the final court decision on the limitation of incapacitation
foreigners ".
14. in section 124 para. 6, the words "to apply to the Court to order
his release ^ 17), "are replaced by the words" submit a police request for
the release of the device ".
Footnote 17 is repealed.
15. in section 126 (a). (b)), after the words "the", the words "to submit
the police request for release from the device and "and the words" duration
ensure "with the words" or decision about not releasing from the
the device ".
16. in section 127 paragraph. 1 (b). (b)), the word "or" is replaced by a comma and
the word "detention" shall be inserted the words "or of the annulment of the decision of the
not releasing from the device ".
17. in paragraph 127 paragraph. 1 letter c) is added:
"(c)) if the decision on the release from a device".
18. in section 129 is added to § 129a including title, which reads as follows:
"§ 129a
Request for release from the device
(1) a foreign national is entitled to file a request for release of police equipment,
in which it is obliged to provide all the relevant facts which are
and the evidence relied on by the mark. The police aliens isn't asking for the removal of defects
request. Police are investigating whether there are grounds for which was a foreigner
ensure, where appropriate, for that was the time to ensure extended, or whether the
the conditions for the imposition of a special measure for the purpose
exit. The police will decide on the request without undue delay.
(2) the alien shall instruct the police for permission to lodge in the administrative judiciary
an action against the decision of not releasing from the device; in the case of
a minor alien without escorts, learn about guardian.
(3) the request for the release of the device is an alien entitled to first
After the expiry of 30 days from the effective date of the decision to ensure,
the decision to extend the period of detention of a foreigner or a decision on the
not releasing from the device, did not file a lawsuit against such a decision,
or after the expiry of 30 days from the last decision on legal
his lawsuit against the decision on the detention of a foreigner, the decision to
extend the period of detention of a foreigner or against the decision on not releasing the
from the device.
(4) the police is entitled to foreigners, if it is necessary for the
determine the actual state of affairs. The alien is required to appear. Police
foreigners before hearing about the consequences of a refusal notice will instruct and
false or incomplete statements.
(5) on the hearing of a witness police foreigners nor his representative in advance
nevyrozumívá. The alien or his representative is not entitled to be present
questioning a witness. The police is authorised to waive the implementation of hearing
foreigners or hearing of a witness and subpoena is in a different time, if they were in
to determine the actual state of Affairs summoned on the same time and
one of them is to give evidence. The police will acquaint foreigners with
the content of the Protocol on the questioning of a witness after the interrogation was carried out
foreigners; pending implementation of the questioning of the alien is a report of the hearing
a witness excluded from inspection of the file.
(6) the police will allow foreigners to his request to comment on the background for
the release of the decision.
(7) the appeal, retrial or review procedures are not permitted. ".
19. in § 140 para. 2, "divested of legal capacity"
replaced by the words "with limited legal capacity".
20. In § 141 para. 3 the words "deprived of legal capacity"
replaced by the words "with limited legal capacity".
21. in section 158 paragraph 2. 1 (b). d) point 1 shall read:
"1. the limitation of incapacitation,".
22. in section 158 paragraph 2. 1 (b). d) after point 3 the following point 4 is added:
"4. the date that was in the Court decision about declared missing
listed as a day when the effects of the Declaration of the nezvěstnosti occurred, and the date of
legal force of the decision of the Court, "declared missing.
Points 4 and 5 are renumbered as 5 and 6.
23. in section 158 paragraph 2. 1 (b). (e)), paragraphs 2 and 3, the word "child" is replaced by
the word "adopted", paragraph 6, the words "a child born to a woman with permanent
residents in the territory, who gave birth to a child "shall be replaced by" the adopted child
born to a woman with permanent residency in the territory, which it bore "and in
paragraph 7, the word "child" is deleted.
24. in section 158 paragraph 2. 9 the letter j) is added:
"j) limitation of incapacitation,".
25. In section 158 paragraph 2. 9 (a). r), the words "osvojeném child" shall be replaced by
the word "adoptee", in paragraphs 2 and 3, the word "child" shall be replaced by
"adopted child", in paragraph 6, the words "a child born to a woman with permanent residence on the
the territory, which gave birth to the child "shall be replaced by" the adopted child who was born a woman
with permanent residency in the territory, which it bore ", and in paragraph 7, the word
"child" is deleted.
26. in section 158 paragraph 2. 9 for the letter r) following the letter s) is added:
"with) a day, who was in the Court decision about declared missing
listed as a day when the effects of the Declaration of the nezvěstnosti occurred, and the date of
legal force of the decision of the Court, "declared missing.
Letters with) up to w) are known as t) up to x).
27. in section 158 paragraph 2. 17 the letter g) is added:
"(g)) the restriction of incapacitation".
28. in section paragraph 158b 2 (a). l), the words "osvojeném child" shall be replaced by
the word "adoptee", in paragraphs 2 and 3, the word "child" shall be replaced by
"adopted child", in paragraph 6, the words "a child born to a woman with permanent residence on the
the territory, which gave birth to the child "shall be replaced by" the adopted child who was born a woman
with permanent residency in the territory, which it bore ", and in paragraph 7, the word
"child" is deleted.
29. in § 163 para. 1 at the end of subparagraph (f)) the following point 4 is added:
"4. Decides on the application for release from the device of the alien under section
129a, ".
30. In paragraph 165a of paragraph 1. 5 (b). I), the words "the deprivation or limitation of
competence to perform legal acts "shall be replaced by" limitations of incapacitation ".
31. in paragraph 165a of paragraph 1. 5 (b). about) the words "osvojeném child" shall be replaced by
the word "adoptee", in paragraphs 2 and 3, the word "child" shall be replaced by
"adopted child" and in paragraph 7, the word "child" is deleted.
32. In paragraph 165a of paragraph 1. 5 for the letter o) the following point p)
added:
"p) day, who was in the Court decision about declared missing
listed as a day when the effects of the Declaration of the nezvěstnosti occurred, and the date of
legal force of the decision of the Court, "declared missing.
Points p and q)) are known as q) and r).
33. In paragraph 167 paragraph. 6 (a). I), the words "the deprivation or limitation of
competence to perform legal acts "shall be replaced by" limitations of incapacitation ".
34. In paragraph 167 paragraph. 6 (a). about) the words "osvojeném child" shall be replaced by
the word "adoptee", in paragraphs 2 and 3, the word "child" shall be replaced by
"adopted child" and in paragraph 7, the word "child" is deleted.
35. In paragraph 167 paragraph. 6 for the letter o) the following point p) is added:
"p) day, who was in the Court decision about declared missing
listed as a day when the effects of the Declaration of the nezvěstnosti occurred, and the date of
legal force of the decision of the Court, "declared missing.
Points p and q)) are known as q) and r).
36. In section 172 para. 4 and 5, the words "the duration of the detention of a foreigner"
the words "or against the decision on not releasing the from device".
37. Section 178, including the title reads as follows:
"§ 178
Procedural competence
For process-eligible for the purposes of this Act, the alien shall be deemed
over 15 years, which is able to manifest their will and self
Act. ".
38. In paragraph 178d paragraph. 2, after the words "to ensure interruption,"
the words "the decision about not releasing from the device," and the words "and of the
the decisions of the Court in proceedings for the release of foreigners from the guarantee referred to in
special legal regulation ^ 17) "shall be deleted.
PART OF THE TWENTY-EIGHTH
Amendment of the Act on civil licences
Article. XXXII
Act No. 326/1999 Coll., on citizens ' licences, as amended by Act No.
491/2001 Coll., Act No. 320/2002 Coll., Act No. 53/2004 Coll., Act No.
559/2004 Coll., Act No. 395/2005 Coll., Act No. 21/2006 Coll., Act No.
115/2006 Coll., Act No. 137/2006 Coll., Act No. 342/2006 Coll., Act No.
129/2008 Coll., Act No. 239/2008 Coll., Act No. 227/2009 Coll., Act No.
424/2010 Coll., Act No. 142/2012 Coll. and Act No. 167/2010 Coll., shall be amended
as follows:
1. In article 2 (2). 3, the second sentence is replaced by the phrase "identity card can
i have a citizen whose legal capacity has been limited. ".
2. in article 2, paragraph 6, including footnote No 3 be deleted.
The present paragraph 7 shall become paragraph 6.
3. In § 3a paragraph 2. 1 (b). (b)), the words "the deprivation or limitation of eligibility
legal capacity "are replaced by the words" limitation of incapacitation "and the words
"the local authority appointed ^ 3)" is replaced by "established
a legal person ".
4. In section 4, paragraph 4. 4 the second sentence, the words "in education" shall be replaced by the words "to
care "and in the fifth sentence, the words" which is deprived of the legal
capacity or the capacity to perform legal acts is limited "is replaced by
the words "whose legal capacity is limited" and at the end of paragraph 4, the following
the sentence "A citizen of an earlier 15 years may on the issue of identity card
ask also the proponent undertakes, on the basis of the Treaty or the
household, whose representation of the citizen has been approved
the Court of ^ 24). ".
Footnote # 24:
"24) section 45 to 54 of the civil code.".
5. § 5 para. 3 the words "capacity to act" are replaced by
the word "legal capacity" and in subparagraph (b)), the words "eligibility citizen to
legal capacity "are replaced by" incapacitation of the citizen ".
6. In section 5, paragraph 4 shall be deleted.
7. in § 8 paragraph 2 reads as follows:
"(2) A citizen under the age of 15 years, takes over the identity card legal
representative; instead of the ID card of the legal representative takes the foster parent,
the person to whom it was entrusted to the care of the citizen, or the Director of facilities for the performance of
institutional care or a facility for children in need of immediate assistance,
that caring for the citizen on the basis of a court decision. For the citizen, the
legal capacity is limited so that it is not eligible to apply for
identity card, ID card takes over and taking his signature
confirms the guardian. A senior citizen 15 years can identity card
take the proponent undertakes, on the basis of the Treaty or a household member,
whose permission to represent the citizen has been approved by a Court of ^ 24). ".
8. in paragraph 5 of section 8a is inserted:
"(5) if the holder of a citizen under the age of 15 years, citizen, whose legal capacity has been
limited so it is not eligible to apply for the issue of identity card,
or a citizen, which prevents an obstacle difficult to jump, do not specify when
the takeover of ID security personal code. ".
9. in § 9 para. 1 (b). e), the words "which has been deprived by a court decision
competence to perform legal acts, "shall be replaced by the words" whose legal capacity has been
decision of the Court is limited so that it is not eligible to apply for
ID proponent, as appropriate, on the basis of the contract of agent
or household member whose permissions to represent the citizen was
approved by the Court, "^ 24).
10. in article 14, paragraph 2 reads as follows:
"(2) If a citizen under the age of 15 years or a citizen whose legal capacity is limited
so it is not eligible to apply for the issue of identity card, ID
pass, pass on the persons mentioned in § 8 paragraph. 2 obligations under
paragraph 1, with the exception of the obligations referred to in paragraph 1 (b). (d)); persons
referred to in § 8 para. at the same time have the obligation to deliver 2 invalid
identity card of the citizen. ".
11. in section 17b para. 3 letter i) reads as follows:
"i) limitation of incapacitation,".
12. in section 17b para. 3 (b). j), the words "the local authority appointed
administration of ^ 3) "is replaced by" established a legal person ".
13. in section 17b para. 3 the letter n) following the letter o) is added:
"o) day, who was in the Court decision about declared missing
listed as a day when the effects of the Declaration of the nezvěstnosti occurred, and the date of
legal force of the decision of the Court, "declared missing.
Letter o) is referred to as the letter p).
14. in paragraph § 18a. 4, the words "deprived of legal capacity
or citizen, whose capacity to act is limited "is replaced by
the words "whose legal capacity has been restricted".
PART OF THE TWENTY-NINTH
Amendment to the law on travel documents
Article. XXXIII
Act No. 326/1999 Coll. on travel documents, as amended by Act No.
217/2002 Coll., Act No. 320/2002 Coll., Act No. 539/2004 Coll., Act No.
559/2004 Coll., Act No. 137/2006 Coll., Act No. 106/2007 Coll., Act No.
379/2007 Coll., Act No. 140/2008 Coll., Act No. 274/2008 Coll., Act No.
41/2009 Coll., Act No. 197/2009 Coll., Act No. 227/2009 Coll., Act No.
281/2009 Coll., Constitutional Court declared under no. 384/2009 Coll.,
Act No. 197/2010 Coll., Act No. 424/2010 Coll., Act No. 167/2009 Coll.,
Law No. 105/2013 Coll. and Act No. 159/2013 Coll., is amended as follows:
1. in section 17(2). 4 and in section 22 para. 1 (b). (b)), the words "in education"
shall be replaced by the words "to care".
2. Footnote # 7 to 9 are added:
"7) § 958 of the civil code.
8) of section 953 of the civil code.
9) § 971 of the civil code. ".
3. in paragraph 8 of section 17 including the footnotes # 27 and 28:
"(8) for the citizen, whose legal capacity is limited so that it is not likely to
submission of the application, the request is submitted by a court specified by the guardian ^ 27) (hereinafter referred to as
"guardian"). A senior citizen 15 years can submit the proponent on
the basis of the Treaty on aid or household member whose permissions to
representation of the citizen has been approved by the Court ^ 28).
27) section 62 of the civil code.
28) § 45 to 54 of the civil code. ".
4. in section 22 para. 1 letter c) is added:
"(c)) a guardian of a citizen whose legal capacity is limited, or the proponent on
the basis of the challenges or the household member whose permissions to
representation of the citizen has been approved by a court, or ^ 28) ".
5. footnote No. 15a is inserted:
"15a) of section 660 of the civil code.".
6. in section 30 paragraph 2. 4 the letter i) reads as follows:
"i) limitation of incapacitation,".
7. In article 30a, paragraph 4 reads:
"(4) the request for the provision of data for the senior citizen 15 years may bring
the proponent undertakes contract or household member whose
permission to represent the citizen has been approved by the Court) ^ 28 citizen
whose legal capacity is limited so that it is not eligible to submit an application,
guardian ^ 27) and the citizen under the age of 15 years, persons referred to in section 22 para. 1
(a). b).“.
PART THIRTY-
Amendment of the Act on social and legal protection of children
Article. XXXIV
Act No. 359/1999 Coll. on social and legal protection of children, as amended by law
No. 257/2000 Coll., Act No. 273/2001 Coll., Act No. 309/2002 Coll., Act
No. 320/2002 Coll., Act No. 519/2002 Coll., Act No. 222/2003 Coll., Act
No. 52/2004 Coll., Act No. 315/2004 Coll., Act No. 435/2004 Coll., Act
No 501/2004 Coll., Act No. 57/2005 Coll., Act No. 381/2005 Coll., Act
No 112/2006 Coll., Act No. 135/2006 Coll., Act No. 165/2006 Coll., Act
No 176/2007 Coll., Act No. 124/2008 Coll., Act No. 259/2008, Coll., Act
No 297/2008 Coll., Act No. 305/2008 Coll., Act No. 414/2008 Coll., Act
No 41/2009 Coll., Act No. 227/2009 Coll., Act No. 73/2007 Coll., Act
No 375/2007 Coll., Act No 420/2007 Coll., Act No. 458/2007 Coll., Act
No 399/2009 Coll., Act No. 401/2009 Coll., Act No. 505/2012 and
Act No. 103/2013 Coll., is amended as follows:
1. In section 2, the following shall be added at the end of paragraph 1, the sentence "in the case of minors
children who acquired incapacitation, the social and legal protection
only provides the extent laid down in § 8 para. 1, § 10 para. 1 (b).
(e)), section 10 (1). 3 (b). and), (b)), section 29, § 32 para. 4, section 33 and 34. When
providing social and legal protection in such cases, the competent
the social-legal protection shall be obliged to fully respect the will of the child,
which came into full incapacitation. ".
2. (a) in Section 4a. (b)) point 3, the words "or the socio-legal institution
protection ' shall be deleted.
3. In paragraph 6 (b). a) points 2 and 3, § 7 (2). 2, § 10 para. 1 (b). b), §
14. 2 (a). and) and in section 35 para. 2 (a). k), the word "accountability"
replaced by the word "responsibility".
Footnote 3 is repealed.
4. In paragraph 6 (b). (b)), the words "in the custody of other natural persons than parents"
replaced by the words "in the custody of other persons responsible for the child's upbringing".
5. In paragraph 8 of the text at the end of paragraph 3, the words "shall be added; about the child
over 12 years, it is considered that it is able to receive information, create
your own mind and this tell ".
6. In Article 10a, the following paragraph 4 is added:
(4) the authority of the social and legal protection, are the parents of adopted
the child required by civil code indicate that the child was
passed to the care of the prospective adoptive parents, is the municipal office municipality with extended
powers. ".
7. In article 11 (1) 3, the words "in the custody of the child pursuant to section 45 of the Act
the family "are replaced by the words" child custody of another person ".
8. In article 12, the following paragraph 4 is added:
"(4) the local authority of ORP cancels the decision on
the imposition of obligations under paragraphs 1 and 3,
and if it fulfills its purpose), or
(b)) if the fails of its purpose; in so doing, may decide to save a
educational measures pursuant to section 13 or choose another appropriate measure
social and legal protection ".
9. In § 13 para. 1 (b). (b)), the words "the authority of the social and legal protection,"
be deleted and subparagraph (d)), the following sentence "If the municipal authority
the municipalities with extended competence, may of these educational measures for
the same conditions, decide the Court. ".
10. In § 13 para. 2 the words "pursuant to section 10, paragraph 1. 1 (b). (b) to (d))) "
the words "or the imposition of obligations pursuant to § 12 para. 1 and 3 ".
11. in article 13, the following paragraph 4 is added:
"(4) the local authority of ORP cancels it has stored
educational measures
and if it fulfills its purpose), or
(b)) if the fails of its purpose; in so doing, may decide to save another
educational measures or to choose another appropriate measures of a socio-legal
protection,
(c)), if the ratios; the letter b) sentence after the semicolon shall apply mutatis mutandis. ";"
12. in section 13a of the paragraph. 2 (a). and) the words "without any care or if they are
his life or health seriously at risk "are replaced by the words" in the State
the lack of proper care or if the life of the child, its normal development
or other important interests seriously threatened or disrupted. "
13. in section 13a of the paragraph. 6, the words "interim measure under section 76 or 76a
Code of civil procedure "shall be replaced by the words" the preliminary arrangements
the time necessary for the child pursuant to § 924 of the civil code ".
14. in § 14 para. 1, letter a) is added:
"and to decide whether) you must consent to the adoption of a child,".
15. in § 14 para. 1 (b). (b)), the words "responsibility or" are replaced by
the words "liability or limitation of or".
16. In section 14 is at the end of paragraph 1, the period is replaced by a comma and the following
letter h) to) are added:
"(h)) to transfer the child to another device for the exercise of the constitutional or
protective care,
I) on the suspension of the obligations and rights of custody for the minor
parents,
(j)) on the maintenance of the obligations and rights of custody and personal contact with
the child for a parent limited in incapacitation,
depriving parents of k) on the right to consent to adoption or other
the obligations and rights of a personal nature, got rid of the Court, the parents of parental
liability. ".
17. in § 14 para. 3 (b). (b)), the words "to g)" shall be replaced by ") to (i) and
k) "and the words" parental responsibility "shall be replaced by the words" parental
of liability ".
18. in article 14, paragraph 3, the following paragraph 4 is added:
"(4) if the Court decides on constitutional regulation of child-raising or
the transfer of the child to another device for the exercise of institutional care, serves
the local authority of ORP court representation for the needs of
specify device for the performance of institutional care, to which the child is to be
located. ".
Paragraphs 4 to 10 shall be renumbered as paragraphs 5 to 11.
19. in § 14 para. 5, the words "under special legislation ^ 10)"
including footnote No. 10 shall be deleted.
20. in § 14 para. 8 and 10, the words "paragraph 6" shall be replaced by "paragraph
7. "
21. section 16 including the footnotes # 13 and 70:
"section 16 of the
(1) if the child is in a State of lack of proper care or if the life of the
the child's normal development or other important interests seriously threatened
or disturbed, the municipal office municipality with extended powers required to submit
a proposal to the Court for a preliminary injunction ^ 13).
(2) if the child is subjected to physical or mental violence
by the parent or other person who is living with a child in common
the home, can the local authority of with extended powers to submit on behalf of the
the child's Court to issue an interim measure on the introduction of measures to
protection of the child against domestic violence ^ 70).
13) § 924 of the civil code.
70) § 452 Act No. 292/2013 Coll., on special procedures the Court. ".
22. In article 16a para. 1 at the end of the text of the first sentence, the words ",
or if the child with parental consent and without a court decision
handed over to the care of the prospective adoptive parent, "and in the second sentence, the words" to the care
the physical person who is interested in becoming a foster parent to the child to
the education of other natural persons than the parents or other legal regulation of their
relation to the child under special legislation ^ 13a) "are replaced by
the words "to předpěstounské care, the proposal on child custody, other
a person or proposal to a different legal treatment of its relationship to the child. "
Footnote # 13a is hereby repealed.
23. in paragraph 17 (b)) including footnote # 15:
"(b)) shall exercise guardianship as the public guardian to the time when the Court
shall appoint a guardian or until the guardian takes up features ^ 15).
15) § 929 of the civil code. ".
24. section 18, including footnote # 16 is hereby repealed.
25. In the heading of title III of part three of the words "in the custody of other
natural persons than parents "are replaced by the words" in the custody of another person
responsible for the upbringing of the child ".
26. section 19 reads as follows:
"§ 19
(1) Municipal Office municipality with extended powers is obliged to
and in court) to provide detection of the place of stay for parents
needs parental consent to adoption of the child,
(b) educate parents about) the potential consequences of a real interest in the neprojevování
the child, without undue delay after the placement of a child to a facility for
the performance of institutional care or a facility for children in need of immediate assistance
or after the delivery of the child to the foster care of a natural person. The lesson must
be provided in all cases where the child is present outside the care
parents; the lesson is not required, if the parent has left the place where
previously resided, without saying where it now resides, and failed to even
for the 3 months to find a place where the parent resides,
(c)) to provide parents with a lesson in the potential consequences of
neprojevování genuine interest of the child advice and assistance in the scope of
provided for in § 12 para. 2,
(d) at the request of the Court) exercise supervision over the success of adoption and submit
the Court at its request or even without this request, reports on the course of supervision,
e) to receive notifications of the Court on parental consent to adoption and
inform about this fact, regional office, if the child is
included in the registration of children for adoption or foster mediation
care.
(2) if the child has been entrusted into foster care or to předpěstounské care
those interested in foster care, serves regional branch office of the work that
provides post to cover the needs of the child, the Court's proposal on the establishment of
maintenance for that child, and if the natural person does not pay the prescribed mandatory
maintenance, serves a proposal for enforcement.
(3) Municipal Office municipality with extended competence may at any time, after
which is the child by a court decision passed under the care of the prospective adoptive parent,
in the care before the adoption or předpěstounské care, to verify whether there has been
to change the grounds for the adoption of a child or for the conferral of
child in foster care, in particular, whether they are parents or other persons
the child capable of and willing to take in a child in your care. If it finds
such fact shall submit an application for annulment of the decision of the Court. In the case of
that the child has occurred after previous regional mediation
the Office shall notify the submission of this proposal to the provincial Office.
(4) Municipal Office municipality with extended powers follows the development of children, which
have been entrusted to the custody of other persons responsible for the child's upbringing and development
children in předpěstounské care. Employees of municipalities with extended powers
inclusion in the local authority are required to visit the family, where
the child lives, or any other environment where the child lives, at least
once every 3 months in the first 6 months of substitute care
parents and předpěstounské care, and then, in accordance with the interests of the child under
necessary but at least once every 6 months, and on the basis of the Special
permissions issued by municipal authority of the municipality with extended powers, in which
indicate the name and surname of the employee, his other personal data and
defined by the activity that this employee perform. ".
Footnote č17. 17 to 20 shall be deleted.
27. in section 20 (2). 3 letter a) is added:
"and it does not) acquisition in the case
1. that parents have given consent to the adoption of the child by specifying in advance for
as an adoptive parent, a person
2. If the proposal handed to the adoption of a child's parents, the surviving spouse husband after
parents or adoptive parents of a child;
3. If the proposal handed to the adoption of a relative of the child or other person nearby
the child, that does not preclude adoption of a child; "
28. in section 21 para. 1 the second sentence, after the words "a) to (f))" the words ",
I) and k) ".
29. in section 21 para. 4 (b). (d)), the words "under a special legal
^ "code 22) including footnote No 22 shall be deleted.
30. In § 24 para. 3 the second sentence, the words "application for child custody
future adoptive parents or in foster care "shall be replaced by
"the Court for delivery of the child to the care of the prospective adoptive parent, to entrust the
the child in the care before the adoption or custody of a child in předpěstounské
care ".
31. in section 24b of paragraph 1. 1 letter c) is added:
"(c)) on the basis of a court decision the child was handed over to the care of the future
, entrusted to the care of the adoptive parent before the adoption or předpěstounské care,
and for the duration of this care, or ".
32. In section 24b of paragraph 1. 4, the words "of the custody of the future
adoptive parents or to the care of the physical person who is interested in becoming a
foster parent "shall be replaced by" the Court on the delivery of the child to the care of the future
the adoptive parent, the child custody before the adoption or custody
child to předpěstounské care ".
33. In section 27 para. 2 (a). and at the end of the text), point 1, the words
"the social environment from which the child came from, as well as its family
rights, and ethnic, religious and cultural environment of the child, ".
34. In section 27 para. 2 (a). (b)), after the words "environment in the family,"
the words "social environment, especially housing and household, ethnic,
religious and cultural environment of the applicant ".
35. In section 27a para. 1 the words "under special legislation ^ 23b)"
including footnote # 23b are deleted.
36. In paragraph 27a para. 7 (b)):
"(b)) the time after which the mother may give consent to the adoption, or after
that the parent can revoke the consent to the adoption of a child, or ".
37. In paragraph 28 of the first sentence, after the words "to the appropriate facilities for the exercise of
institutional care "the words", as indicated in the decision
the Court "and the first sentence, the following sentence" If the law can
the Court's decision on the regulation of institutional care necessary to move a child from the
facility for children in need of immediate assistance, shall negotiate with the local authority of
extended powers for the adoption of a child to a facility for the performance of the constitutional
education, as indicated in the decision of the Court. The movement of the child shall ensure
the appropriate device for the exercise of institutional care, in collaboration with the device
for children in need of immediate assistance, where the child resides. ".
38. In section 30 paragraph 2. 1 the first sentence, the words "interim measure or", and
the words "on the regulation of institutional care or who has been on the basis of
the Court's decision imposed protective education "and the third sentence shall be deleted.
39. In § 42 para. 2 (a). and), after the words "court decisions"
the words "; § 13 para. 3 shall apply mutatis mutandis. "
40. In § 42 para. 5 (b). (c)), the words "§ 46 of the family" shall be replaced by
the words "§ 971 para. 2 of the civil code ".
41. In paragraph 42a para. 4, the words "the parents or other persons responsible for the
raising a child "shall be deleted.
42. In section 47b, the following paragraphs 6 and 7 are added:
"(6) the caregiver or a registered person enters into a single agreement on the
the performance of foster care, regardless of the number of children entrusted to.
(7) where both spouses the person responsible or a person in a register
together, the only agreement concluded between the performance of foster care, regardless of
the number of children entrusted to and regardless of the fact whether one or
all the children are entrusted to their joint care. This does not apply in
the case of children entrusted to the exclusive care of only one spouse, if
the couple, together for at least three months demonstrably do not live and local
Office of the municipality with extended competence at the request of one of the spouses decides
that is the fact that both spouses are the person responsible or person in
a register shall be disregarded. ".
43. In paragraph 47c paragraph. 1 (b). (b)), the words "or the socio-legal institution
protection ' shall be deleted.
44. In paragraph 2 of § 47i reads as follows:
"(2) if the person responsible or by the person in the records of both spouses or
the two guardians, foster parent allowance belongs to only one of them. On
foster care performed by the second husband or guardian for
the purpose of establishing the level of remuneration of a foster parent under the first sentence seen as
a common foster care. ".
45. In section 3, the following paragraph 47i, which reads as follows:
"(3) the Regional Branch Office work can when deciding on
cases in which the spouses or both guardians along for at least three
months proven do not live, decide that does not flow under the
paragraph 2, and to the fact that both spouses or both guardians are
the person responsible or a person in a register shall be disregarded. Unless the
in this case, spouses or guardians, who of them belong to the
foster parent allowance because of caring for a child entrusted to the decision of the competent
authority to their joint care, § 47ns were built the second and third sentences
accordingly. ".
46. at the end of the paragraph, the following sentence "47ns were built the same applies in the case where you are
guardian appointed by the Court together spouses or other two
persons who personally take care of the child. ".
47. In paragraph 47p paragraph. 2 the words "the authority of the social and legal protection or"
shall be deleted.
48. In § 49 paragraph 1. 4 (b). a), the words "registration or" shall be deleted,
After the word "appropriate" shall be inserted after the word "public" and the words "and the name and
last name of the person authorized to act on behalf of legal persons "shall be replaced by
the words "if it is registered in the public register".
49. In § 51 para. 5 (b). and section 5), the words "referred to in § 7 para. 4 "
replaced by the words "entrusted into foster care or předpěstounské care".
50. in § 53a para. 7 the letter i) reads as follows:
"i) limitation of incapacitation,".
51. In § 53a para. 8 letter j) is added:
"j) limitation of incapacitation,".
52. In § 55 para. 5, the word "responsibility" is replaced by
"responsibility" and at the end of the paragraph, the following sentence "To the file
documentation relating to the adoption of a child is entitled to be consulted on the basis of
a written request from osvojenec, when incapacitation. "will take.
53. In § 55 para. 6, after the word "parent" is inserted after the word "osvojenec" and in the
(b)), after the words "the interests of the child", the words "in violation of the
with the Court decision on the confidentiality of adoption ".
54. In § 57 para. 1 the words "future adoptive parents" are replaced by the words
"before the adoption."
55. In article 59 paragraph 2. 1 (b). e), the words "adoption", the words "in the
contrary to the decision of the Court about the secrecy of adoption ".
56. In article 59 paragraph 2. 1 (b). f), the words "in the custody of another citizen"
replaced by the words "to the care of another person".
57. In article 59 paragraph 2. 1 letter h) is added:
"(h)) it's inappropriate to the child's educational resource or restrictions".
58. Under section 59A(1). 1 at the end of the text of subparagraph (a)) the word "or" shall be deleted,
at the end of the text of subparagraph (b)), the period shall be replaced by "or", and
the following point (c)), which read as follows:
"(c) to notify the municipal office) municipalities with extended powers delivery of the child
to the care of the prospective adoptive parents under § 823 para. 1 of the civil code. ".
59. In § 22 para. 1 and section 59e para. 1 the term "undertaking" is replaced by
the words "business establishment".
60. In § 61 para. 2 (a). (c)), the words "registered address" shall be replaced by
"object or the premises in which it is operated."
61. In § 61 para. 3 (d)) shall be deleted.
Letter e) is renumbered as paragraph (d)).
62. In § 64 para. 1, first sentence, including footnote # 53
repealed.
63. In § 64 para. 3 the words "child custody of the future
adoptive parents and the child custody foster and appeals
the decision on ' are deleted.
Article. XXXV
Transitional provisions
1. the procedure for applications for custody of future adoptive parents and
the procedure for applications for custody of the natural person who has
interested in becoming a foster parent, which was initiated prior to the date of acquisition
the effectiveness of this law, shall be completed pursuant to Act No. 359/1999 Coll., on
the version in force before the date of entry into force of this Act.
2. If the child is entrusted with the authority of a final decision of socio-legal
the protection of children in the care of a person who is interested in becoming a foster parent and meets the
conditions laid down, before the date of entry into force of this law, is governed by the
legal relations of this relationship under the law effective prior to the date
entry into force of this Act.
PART OF THE THIRTY-FIRST
Amendment of the Act on public auctions
Article. XXXVI
Law No. 26/2000 Coll., on public auctions, as amended by Act No 120/2001
Coll., Act No. 517/2002 Coll., Act No. 256/2004 Coll., Act No. 183/2005
Coll., Act No. 377/2005 Coll., Act No. 56/2006 Coll., Act No. 315/2006
Coll., Act No. 110/2007 Coll., Act No. 296/2007 Coll., Act No. 7/2009
Coll., Act No. 223/2009 Coll., Act No. 458/2011 Coll., Act No. 396/2012
Coll. and Act No. 399/2012 Coll., is amended as follows:
1. In article 16a, paragraph 5 is added:
"(5) the conditions of the procedure in the electronic auction establishes the Ministry of
by Decree. "
2. In article 16a, paragraph 6 shall be deleted.
3. the following section is inserted after section 46a 46b is inserted:
"§ 46b
(1) if it was against the pledgee and dražebníkovi filed with the Court
determine the inadmissibility of the action for the sale of the collateral, or if the Court
issued the injunction of the inadmissibility of the sale of the collateral, public
the auction will take place on the scheduled date.
(2) in the cases referred to in paragraph 1, the auctioneer shall, within a period of at least
30 days before the date of the auction to publish in the same manner as it was
published auction, an addendum to this auction, in which
will be given the place, date and time of the auction, the new tour dates
the subject of the auction, as well as other relevant facts relating to the auction
in the period from the publication of the auction occurred or which
a change in this period. The time limit for the composition of the auction of the security in this
the case shall not be less than half of the period set for the publication of the
a supplement to the auction.
(3) determine the inadmissibility of the action for the sale of the collateral may be submitted up to 1
months from the date of service of the notice of public sale of the law designated by the
persons, but not later than 7 days before the date of the initiation of the public sale.
(4) the public auction can be done until after expiry of the period referred to in paragraph
3; If within this period the inadmissibility of an action concerning the determination of the sales
the collateral can be done only after the public auction, when it was about this lawsuit
to a final decision.
(5) a person who has filed a lawsuit to determine the inadmissibility of the unjustified sale
the pledge, the pledgee is obliged to compensate the damage that he
formed out of the sale of the collateral during the period from the filing of the action until the date of
the decision of the Court of first instance in case if the pledgee
exercises his right to compensation for such damage in the course of an action before the
Court of first instance; on the proposal of the pledgee, the Court may already in
during the proceedings, decide that it is obliged to fold into custody for
the Court advance up to possible damages. The provisions of the first sentence of
mortgage lender also shall apply mutatis mutandis for the auctioneer. ".
4. footnote No. 17b is hereby repealed.
PART OF THE THIRTY-SECOND
Amendment of the copyright law
Article. XXXVII
Law No. 121/2000 Coll. on copyright, rights related to
Copyright and on amendments to certain laws (Copyright Act), as amended by
Act No. 81/2005 Coll., Act No. 61/2006 Coll., Act No. 186/2006 Coll.
Act No. 216/2006 Coll., Act No. 168/2008 Coll., Act No. 41/2009, Coll.,
Act No. 227/2009 Coll., Act No. 153/2010 Coll., Act No. 424/2010 Coll.,
Law No 375/2007 Coll., Act No 420/2007 Coll., Act No. 18/2009 Coll.,
Law No. 496/2012 Coll. and Act No. 156/2013 Coll., is amended as follows:
1. in paragraph 25, the following new section 25a, that including the title reads as follows:
"§ 25a
Right to remuneration in connection with the rental of the original or copies
works
If the author will provide a license to rent the original or copies
the works recorded on an audio or audio-visual recording producers
such a record is created in respect of him, that will be the original or
copy the following recorded works of lease, the right to an adequate
reward; This right may not waive. ".
2. under the first head of the first part of the sixth, including a title and notes
line no. 4a is deleted.
3. In § 63 para. 3 (b). (b)), the words "within the meaning of the provisions of § 49 paragraph 1. 2
(a). a) "are replaced by the words" at the time of conclusion of the contract of
the terms of this agreement for content like this kind of work ".
4. In § 63 para. 4, the words "§ 54" shall be replaced by the "on the withdrawal from the
the contract to change the beliefs of the author under the civil code ^ 13) ".
Footnote 13 reads as follows:
"13) § 2382 cc.".
5. § 64 para. 1 (b). (c)), the words "within the meaning of the provisions of § 49 paragraph 1. 2
(a). a) "are replaced by the words" at the time of conclusion of the contract of
the terms of this agreement for content like this kind of work. ".
6. In section 66 paragraph 1. 7, the words "§ 54" shall be replaced by "the provisions of the
of the Civil Code concerning the withdrawal from the contract to change beliefs
the author of the ^ 13) ".
7. In paragraph 74, the words "§§ 25 and 26" shall be replaced by ' paragraph 25, 25a, 26 "and the words
"46-48, 49-51, § § § 53 to 55, 57 and" shall be deleted.
8. In paragraph 78, the words "paragraph 25", the words "§ 25a" and the words "§ 46
up to 48, § 49 para. 1 to 5, § 50, 51, 55, 57 "shall be deleted.
9. In paragraph 82, the words "paragraph 25", the words "§ 25a" and the words "§ 46
up to 48, § 49 para. 1 to 5, § 50, 51, 55, 57 "shall be deleted.
10. In paragraph 86, the words "§ 46-48, § 49 para. 1 to 5, § 50, 51, 55,
57 ' shall be deleted.
11. in section 94 para. 1 the words "§ 40 to 44, 46 to 48, § § 49 paragraph 1. 1 to
5, § 50, 51, 55 and 57 "shall be replaced by the words" and section 40 to 44 ".
12. In article 98 para. 2 at the end of the text of subparagraph (a)) the following words ";
If it is a statutory body of the applicant legal person
It is understood a member of the statutory body of the applicant natural person who
on behalf of the legal person, a member of the statutory body of the applicant
exercises ".
13. in section 102 paragraph. 1 the words "adult natural person eligible for legal
acts "shall be replaced by" natural person "fully enjoys.
PART OF THE THIRTY-THIRD
Amendment of the Act on the protection of the collections of the Museum of the nature
Article. XXXVIII
Law No. 121/2000 Coll., on the protection of the collections of the Museum of the nature and amending
certain other laws, as amended by Act No. 186/2004 Coll., Act No.
483/2004 Coll., Act No. 203/2006 Coll., Act No. 227/2009 Coll., Act No.
281/2009 Coll. and Act No. 142/2009 Coll., is amended as follows:
1. In paragraph 1, the words "public service" shall be replaced by the words "public benefit
services ".
2. In paragraph 2, at the end of paragraph 1, the following sentence "it is thought that the collection
It is for the public. ".
3. In article 2, after paragraph 1, insert a new paragraph (2), including notes
footnote # 5 reads as follows:
"(2) collection, which is owned by the Czech Republic or the territorial
Government Unit, it is a public good, according to a special legal
prescription ^ 5).
5) § 490 of the civil code. ".
Paragraphs 2 to 8 shall become paragraphs 3 to 9.
4. In section 2, at the end of paragraph 3 the following sentence "Item subject
referred to in paragraph 1 are also preparations of human and animal bodies or
their parts and the skeletal remains of human and animal. ".
5. In article 2 (2). 4, the words "public service" are replaced by the words "in the public
interest services ".
6. In article 2 (2). 5, the words "public service" are replaced by the words "in the public
beneficial services ".
7. In article 2 (2). 6, the number "4" is replaced by "5".
8. In article 2 (2). 7, the number "5" shall be replaced by the number "6".
9. In Article 10a paragraph 1. 1 is the number "7" is replaced by "8".
10. In § 15a paragraph 1. 2 (a). I), the words "the deprivation or limitation of
competence to perform legal acts "shall be replaced by" limitations of incapacitation ".
11. In § 15a paragraph 1. 3 letter i) reads as follows:
"i) limitation of incapacitation,".
PART OF THE THIRTY-FOURTH
Amendment of the Act on municipalities
Article. XXXIX
Act No. 128/2000 Coll., on municipalities (municipal establishment), as amended by Act No.
273/2001 Coll., Act No. 320/2001 Coll., Act No. 450/2001 Coll., Act No.
312/2002 Coll., Act No. 312/2002 Coll., Act No. 59/2003 Coll., Act No.
22/2004 Coll., Act No. 215/2004 Coll., Act No. 256/2004 Coll., Act No.
421/2004 Coll., Act No. 501/2004 Coll., Act No. 626/2004 Coll., Act No.
413/2005 Coll., Act No. 61/2006 Coll., Act No. 186/2006 Coll., Act No.
189/2006 Coll., Act No. 234/2006 Coll., Act No. 248/2006 Coll., Act No.
261/2007 Coll., Act No. 169/2008 Coll., Act No. 297/2008 Coll., Act No.
305/2008 Coll., Act No. 477/2008 Coll., Act No. 227/2009 Coll., Act No.
281/2009 Coll., Act No. 326/2009 Coll., Act No. 347/2010 Coll., Act No.
424/2010 Coll., Act No. 246/2011 Coll., Act No. 364/2011 Coll., Act No.
458/2011 Coll., Act No. 72/2009 Coll., Act No. 142/2012 Coll. and Act No.
239/2009 Coll., is amended as follows:
1. In article 38 paragraph 2. 4, the words "acts" are replaced by the words "negotiations
made by "and the words" void "shall be replaced by the word" invalid ".
2. In § 39 para. 1 the words "the Act void ' is replaced by
"invalid".
3. In § 41 para. 1, after the words "Makes the word" this ",
the word "Act" shall be replaced by the word "negotiations" and the words "certifying this
legal act "are replaced by the words" about the legal proceedings ".
4. In section 41 at the end of paragraph 1, the following sentence "If the Charter this
endorsement of the municipalities bear, it shall be deemed that the obligation of prior
publication, approval or consent has been fulfilled. ".
5. In § 41 para. 2 the word "acts" are replaced by the words "of the negotiations,
"and the words" void "shall be replaced by the word" invalid ".
6. In paragraph 41, the following paragraph 3 is added:
"(3) the invalidity of legal acts, for the reasons set out in paragraph 2 and
in § 38 paragraph 1(a). 4 and § 39 para. 1 take into account the Court's own motion. ".
7. In article 46, paragraph 2, including footnote # 17 repeals and
at the same time, paragraph 1 shall be deleted.
8. § 47 including footnotes 18 and 44:
"§ 47
On the cooperation between local authorities can't take the provisions of the Civil Code of
^ 18) and the Association of the contract of the company ^ 44).
18) paragraph 214 et seq. of the civil code.
44) § 2716 et seq.. of the civil code. ".
9. section 48 is deleted.
10. the heading of section 49 reads as follows: "Voluntary villages".
11. In § 49 paragraph 1. 1 the words "bunch of communities ' is replaced by ' voluntary
bunch of communities (hereinafter referred to as "townships") ".
12. In paragraph 49, the following paragraphs 4 and 5 are added:
"(4) the Volume of the municipalities shall acquire legal personality by registration volumes
municipalities held with the Regional Office of the relevant volume of the municipalities. To
Register of municipalities is written the date of bunch of communities, the day of his
cancellation, stating the legal basis, the day of his disappearance, the name and address of the
bunch of communities, the identification number of the person provided by the administrator of the municipalities of volume
the basic registry of legal persons, natural persons-entrepreneurs and
public authorities, the subject of the activity volume of the municipalities, the authorities which
the volume of the municipalities Act, and the name, surname and address of the place of residence of persons
performing their coverage along with an indication of the way in which this
authority of the municipalities it represents, and information about the day of the creation or extinction of their
function; the register is a public register of unions, and its components
is a collection of documents, which contains the Treaty on the formation
along with statutes and amendments to these documents. The regional authority keeps a register of
municipalities delegated competence.
(5) the application for registration in the register of municipalities shall be accompanied by a contract of
formation along with the statutes; part of this agreement, or
the articles of Association is also determining who are the first members of the Board.
The proposal serves a person authorized by the municipalities that are members of the volume. ".
13. section 51 shall be deleted.
14. in paragraph 54, the words "special-interest associations of legal entities and of a contract
the Association "shall be replaced by" the society ^ 18) and on the contract for the company ^ 44) ".
15. section 55:
"§ 55
Municipalities can work together with communities to other States and be members of the
International Association of territorial self-governing units. Volumes of municipalities may
collaborate with communities of other States volumes; the content of the cooperation can be
only activities that are the subject of the activity volume of the municipalities that contract
on mutual cooperation concluded. ".
16. in paragraph 85, the words "property-related acts" shall be replaced by "legal
the negotiations ".
17. in paragraph 85 (a). (c)) and § 133 (a). k), the words "civic association"
shall be replaced by the word "associations".
18. In paragraph 85 (a). (d)), the words "which is the village of participant" shall be replaced by
"which is a companion".
19. in paragraph 85 (a). (d)), and (j)) and in section 133 (a). (e)), the word "Association"
shall be replaced by "the society ^ 44)".
20. In paragraph 85 (a). (f)) and section 133 (a). (d)), the word "claims" be replaced by
the word "debt".
21. in paragraph 85 (a). (j)) and section 133 (a). (e)), the word "loan" shall be replaced by
"lease".
22. in § 117 paragraph 1. 3, the word "Union" is replaced by the word "Association", and the reference
the footnote No 36 is replaced by the reference to the footnote
# 18.
Footnote No. 36 is deleted.
23. in section 131 (b). (b)), the words "property-related acts" shall be replaced by
"legal proceedings".
24. In paragraph 133, the words "property-related acts" shall be replaced by
"legal proceedings".
25. In section 149a para. 2 (a). I) (a). 3 (b). I), the words "the waiver, or
restrictions on the eligibility of legal capacity "are replaced by the words" restrictions
incapacitation ".
26. the following section is inserted after section 149a 149b, which including the footnotes No.
45-47:
"§ 149b
(1) Actions under the civil code ^ 45) of the recommendation to
contract for the lease of the apartment special purpose, which was set up from the
State resources, or if the State contributed to its establishment, and in
prior consent with testimonies from the lease of the apartment is the municipal office
municipalities with extended competence delegated competence.
(2) If, under the conditions laid down by the Civil Code ^ 46) Mayor
or the one who is by this Act authorized the Mayor to represent,
records zůstavitelovu the last will, the related
the Civil Code prescribed tasks and arranging custody as follows taken
Wills Probate, it does so by.
(3) the duties of a public guardian pursuant to the civil code ^ 47)
the municipality is by the performance.
45) § 3075 of the civil code.
46) § 1543 of the civil code.
47) § 471 paragraph. 3 of the civil code. ".
Article. XL
Transitional provision
The particulars and documents still held with the regional office in the register of interest
Association of legal persons concerning voluntary unions,
the effective date of this Act, become part of the index of volumes
municipalities, which is kept at the regional office from the date of entry into force of this
the law.
PART OF THE THIRTY-FIFTH
Amendment of the Act on regions
Article. XLI
Act No. 129/2000 Coll., on regions (regional establishment), as amended by Act No.
273/2001 Coll., Act No. 320/2001 Coll., Act No. 450/2001 Coll., Act No.
231/2002 Coll., Constitutional Court declared under no 404/2002 Coll.
Act No. 228/2003 Coll., Act No. 215/2004 Coll., Act No. 256/2004 Coll.,
Act No. 421/2004 Coll., Act No. 501/2004 Coll., Act No. 626/2004 Coll.
law no 413/2005 Coll., Act No. 186/2006 Coll., Act No. 189/2006 Coll.
Act No. 234/2006 Coll., Act No. 261/2007 Coll., Act No. 297/2008 Coll.,
Act No. 305/2008 Coll., Act No. 477/2008 Coll., Act No. 281/2009 Coll.,
Act No. 326/2009 Coll., Act No. 118/2010 Coll., Act No. 199/2010 Coll.,
Act No. 347/2010 Coll., Act No. 246/2011 Coll., Act No. 364/2011 Sb.
Act No. 457/2011 Coll., Act No. 142/2012 Coll. and Act No. 239/2012
Coll., is amended as follows:
1. in section 17(2). 4, the words "acts" are replaced by the words "negotiations
made by "and the words" void "shall be replaced by the word" invalid ".
2. in section 18 para. 1 the words "invalid operation" shall be replaced by the words "negotiations
invalid ".
3. section 23 reads as follows:
"article 23 of the
(1) where this Act makes the validity of a legal act of the County the previous
disclosure, approval or consent shall be the instrument of this
legal proceedings in which the clause will be confirmed that these conditions are
met. If the Charter of this region bear an endorsement, it is considered that the
the obligation of prior publication, approval or consent has been fulfilled.
(2) the legal acts which require the approval of the Town Council, or
the Council can be made only after their previous approval, otherwise the
legal act of the County invalid.
(3) the invalidity of legal acts, for the reasons set out in paragraph 2, in the
§ 17 para. 4 and § 18 para. 1 take into account the Court's own motion. ".
4. in section 24 para. 2, the words "special-interest associations of legal entities and
the contract of Association, unless the law provides otherwise "shall be replaced by
"the League ^ 11) and on the contract for the company's 29 ^ ^)".
Footnotes 11 and 29:
"11) § 214 et seq. of the civil code.
29) § 2716 et seq.. of the civil code. ".
5. In article 24, paragraphs 3 to 5, including footnote No. 10 shall be deleted.
6. section 25 shall be deleted.
7. In article 26, paragraph 1 shall be deleted and shall be deleted at the same time, paragraph
2.
8. In paragraph 27, the words "special-interest associations of legal entities and of the Treaty on
the Association "shall be replaced by" the society ^ 11) and on the contract for the company's 29 ^ ^) ".
9. section 28 including the title reads as follows:
"section 28
Cooperation with local and regional authorities of other States
The County may cooperate with other States, by territorial self-governing units and
be a member of the International Association. ".
10. In § 36 odst. 1 the words "property-related acts" shall be replaced by
"legal proceedings".
11. In § 36 odst. 1 (b). (c)), the words "civic association" shall be replaced by
the word "associations".
12. In § 36 odst. 1 (b). (e)), the word "claims" be replaced by
"the debt".
13. in § 36 odst. 1 (b). I), the word "loan" shall be replaced by
"leases" and the word "Association" shall be replaced by the word "company".
14. In article 59 paragraph 2. 2, the words "property-related acts" shall be replaced by
"legal proceedings".
15. In article 59 paragraph 2. 2 (a). a), the words "civic association" shall be replaced by
the word "associations" and the words "civil association" shall be replaced by the word
"the League".
16. In article 59 paragraph 2. 2 (a). (b)), the word "claims" be replaced by
"the debt".
17. in § 78 para. 2 the term "Union" is replaced by the word "Association".
18. in section 94a of para. 2 (a). I) and section 94a of para. 3 (b). even) the words "the deprivation of
or limitation of competence to perform legal acts "shall be replaced by the words" restrictions
incapacitation ".
PART OF THE THIRTY-SIXTH
Amendment of the Act on the capital city of Prague
Article. XLII.
Act No. 133/2000 Coll., on the capital city of Prague, as amended by Act No.
145/2001 Coll., Act No. 273/2001 Coll., Act No. 320/2001 Coll., Act No.
450/2001 Coll., Act No. 312/2002 Coll., Act No. 312/2002 Coll., Act No.
320/2002 Coll., Act No. 22/2004 Coll., Act No. 215/2004 Coll., Act No.
257/2004 Coll., Act No. 387/2004 Coll., Act No. 421/2004 Coll., Act No.
499/2004 Coll., Act No. 501/2004 Coll., Act No. 626/2004 Coll., Act No.
109/2006 Coll., Act No. 186/2006 Coll., Act No. 189/2006 Coll., Act No.
234/2006 Coll., Act No. 261/2007 Coll., Act No. 66/2008 Coll., Act No.
169/2008 Coll., Act No. 297/2008 Coll., Act No. 305/2008 Coll., Act No.
477/2008 Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll., Act No.
326/2009 Coll., Act No. 199/2010 Coll., Act No. 347/2010 Coll., Act No.
424/2010 Coll., Act No. 246/2011 Coll., Act No. 364/2011 Coll., Act No.
457/2011 Coll., Act No. 142/2009 Coll., Act No. 239/2009 Coll. and act
No 350/2012 Coll., is amended as follows:
1. in the section 18 para. 3, the words "property-related acts" shall be replaced by
"legal proceedings".
2. in section 18 para. 3 (b). and, § 59) para. 3 (b). (c)), § 68 para. 2 (a).
n) and § 89 paragraph 1. 2 (a). and), the word "loan" shall be replaced by
"lease".
3. in the section 18 para. 3 (b). and), the word "Association" shall be replaced by
"the company ^ 26)".
Footnote # 26:
"26) § 2716 et seq.. of the civil code. ".
4. in the section 18 para. 3 (b). (g)), section 59 paragraph 1. 3 (b). m) and § 68 para. 2 (a).
r), the word "claims" be replaced by "debt".
5. in section 18 para. 3 (b). j), the words "section 21 to 27 ' is replaced by ' article 23,
24, 26 to 27 ".
6. In section 20 (2). 3, the words "special-interest associations of legal entities and
the contract of Association, unless the law provides otherwise "shall be replaced by
"^ 20) and on the contract for the company ^ 26)".
Footnote No 20:
"20) § 214 et seq. of the civil code. ".
7. In article 20, paragraph 4 shall be deleted.
8. section 21 and 22, including footnote No 8 shall be deleted.
9. in paragraph 2 of article 23. 2 the words "financial operations" shall be replaced by
"legal proceedings".
10. in paragraph 1 of article 23. 3, the words "section 21 to 27 shall be replaced by" section 24, 26 to
27. "
11. in section 24, the following paragraphs 5 and 6 are added:
"(5) Volume shall acquire legal personality by registration of unions
held at the Regional Office of the headquarters of the volume. In the register
municipalities are recorded date of the volume, the day its cancellation, stating the
the rule of reason, the day of his disappearance, the name and address of the volume identification
number of the person the volume provided by the registry administrator of the basic legal
people, engaged individuals and public authorities, subject
the activities of the volume, the authorities which is volume, and the first name, surname and
the address of the place of residence of persons performing their scope, together with an indication of
the way in which this body represents the volume, and information about the day of the creation or
the extinction of their function; the register is a public register of unions, and
It includes a collection of documents, which contains the Treaty on the creation of a
along with statutes and the volume changes to these documents. Regional Office leads
index by communes in volumes. If the seat of the main volume
the city of Prague, keeps a register of municipalities in the Prague City Hall
by the.
(6) the application for registration in the register of municipalities shall be accompanied by a contract of
create a volume along with the statutes; part of this contract or articles of Association
It is also determining who are the first members of the Board. A proposal from the
serves the person authorized by the municipalities that are members of the volume. ".
12. section 25, including footnote 9 is deleted.
13. section 27:
the "section 27
The capital city of Prague and the city part can work together with communities of other
States and be members of International Association of territorial self-governing units.
Volumes may cooperate with the voluntary communes volumes of other States;
the content of the cooperation may be only the activities that are the subject of
the activities of the volume that the Treaty of mutual cooperation. ".
14. In article 28, the words "special-interest associations of legal entities and of a contract
the Association "shall be replaced by" ^ 20) and on the contract for the company ^ 26) ".
15. in section 35 para. 7, the words "acts" are replaced by the words "negotiations
made by "and the words" void "shall be replaced by the word" invalid ".
16. in § 36 odst. 1 the words "the Act void ' is replaced by
"invalid".
17. in § 37 para. 3, the word "Act" shall be replaced by "legal act".
18. section 43 reads as follows:
"§ 43
(1) where this Act makes the validity of a legal act of the capital
City or borough of prior publication, approval or
the agreement, the Charter of the legal proceedings in which the clause
to be confirmed, that these conditions are met. If the Charter this
guidance of the capital city of Prague or the urban parts of the bear, it is considered
the fact that the obligation of prior publication, approval or consent has been
met.
(2) the invalidity of legal acts, for the reasons set out in § 35 para. 7,
§ 36 odst. 1 and § 72 para. 2 taking into account the Court's own motion. ".
19. In article 59 paragraph 2. 3, the words "property-related acts" shall be replaced by
"legal proceedings".
20. In article 59 paragraph 2. 3 (b). (c)), § 68 para. 2 (a). n) and § 89 paragraph 1. 2 (a).
and the word "Association)" is replaced by "company ^ 26)".
21. in section 59 paragraph 1. 3 (b). (g)) and § 68 para. 2 (a). l) the words "civil
the Association "shall be replaced by the word" associations ".
22. in § 72 para. 2 the word "acts" are replaced by the words "Legal
the negotiations "and the words" such acts null and void "
are replaced by the words "this legal act invalid".
23. in section 78 para. 2 the term "Union" is replaced by the word "Association".
24. In § 89 paragraph 1. 2, the words "property-related acts" shall be replaced by
"legal proceedings".
25. In § 89 paragraph 1. 2 (a). g), the words "remission of debts" are replaced by
the words "debt reduction".
26. in section 119b of paragraph 1. 2 (a). I) (a). 3 (b). I), the words "the waiver, or
restrictions on the eligibility of legal capacity "are replaced by the words" restrictions
incapacitation ".
27. the following section is inserted after section 119b 119c, including the footnotes No.
27 to 29:
"§ 119c
(1) Actions under the civil code a ^ 27) of the recommendation to
contract for the lease of the apartment special purpose, which was set up from the
State resources, or if the State contributed to its establishment, and in
prior consent with testimonies from the lease of the apartment makes the Municipality or
the authority of the Borough of delegated powers.
(2) If, under the conditions laid down by the Civil Code ^ 28) Mayor
the city of Prague, the Mayor of the borough or the one who is referred to in
This Act authorized the Mayor of Prague or the Mayor
districts represent records zůstavitelovu the last will, the
related acts prescribed by the civil code and arranges
custody as follows taken probate of a will, it does so in a migrated
the scope of the.
(3) the duties of a public guardian under the civil code a ^ 29)
capital city of Prague or urban part is the exercise of the delegated
the scope of the.
27 of the Civil Code section 3075).
28) section 1543 of the civil code.
29) § 471 paragraph. 3 of the civil code. ".
Article. XLIII
Transitional provision
The particulars and documents still held with the regional office in the register of interest
Association of legal persons concerning voluntary unions,
the effective date of this Act, become part of the index of volumes
municipalities, which is kept at the regional office from the date of entry into force of this
the law.
PART OF THE THIRTY-SEVENTH
Changing the law on population register
Article. XLIV
Act No. 133/2000 Coll., on registration of the population and the social security numbers and amending
Some laws (law on population register), as amended by Act No. 2/2002
Coll., Act No. 320/2002 Coll., Act No. 53/2004 Coll., Act No. 501/2004
Coll., Act No 444/2005 Coll., Act No. 68/2006 Coll., Act No. 115/2006
Coll., Act No. 159/2006 Coll., Act No. 165/2006 Coll., Act No. 189/2006
Coll., Act No. 342/2006 Coll., Act No. 239/2008 Coll., Act No. 274/2008
Coll., Act No. 305/2008 Coll., Act No. 7/2009 Coll., Act No. 41/2009
Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll., Act No. 424/2010
Coll., Act No. 73/2007 Coll., Act No. 458/2011 Coll., Act No. 167/2012
Coll., Act No. 494/2012 Coll. and Act No. 186/2013 Coll., is amended as follows:
1. In article 3, paragraph 3. 2 at the end of the text of subparagraph (c)), the words ",
where appropriate, the territory of which the body was found, or the residents
residents declared dead, on whose territory the last resided
live ".
2. In article 3, paragraph 3. 3 letter i) including footnote No. 5e is added:
"i) date of final court decision on the approval of the Treaty on
agent or representative household member ^ 5e) including the Court,
that contract or agency has approved, the date of acquisition of legal power
the Court's decision on the limitation of incapacitation, the name or names,
last name and social security number of a guardian, date of the decision
Court on the abolition of restrictions, the revocation date of incapacitation, proponent of the Court and
date of termination of the representation of a member of the household; If no guardian
social security number has been issued, shall be the date, place and County of birth and
the guardian, who was born in a foreign country, the place and the State where he was born, and
the identifier for the health agenda of the natural person if the guardian has been assigned;
that post and district of birth in the territory of the Czech Republic are kept in a
the form of the reference links (zoning code) on the reference in the
the basic registry territorial identification, addresses, and real estate; If
guardian appointed as legal person, shall be the name and address of the registered office;
These data are kept in a form of reference binding to reference data
from the registry of legal persons, natural persons-entrepreneurs and
public authorities,
5E) § 45 to 54 of the civil code. ".
3. Footnote # 5f-5i:
"5f) § 680-686 of the civil code.
5 g) § 677 to 679 of the civil code.
5 h) § 26 and 76 of the civil code.
5I) § 755-758 of the civil code. ".
4. In article 3, paragraph 3. 3 (b). p) the introductory part, the words ' the provisions of the osvojeném
the child "shall be replaced by the word" adoptee ".
5. In section 3, paragraph 3. 3 (b). p) points 2 and 3, the word "child" is replaced by
the word "adopted".
6. In section 3, paragraph 3. 3 (b). p) of paragraph 4, the words "of the child, who was born in
abroad, the place and the State where he was born "are replaced by the words" the adopted child,
who was born in a foreign country, the place and the State where he was born. "
7. in section 3, paragraph 3. 3 (b). p) point 6, the words "a child born" are replaced by
the words "of the adopted child born" and the words "gave birth to a child" shall be replaced by
the words "the bore".
8. In section 3, paragraph 3. 3 (b). p) clause 7, the word "child" is deleted.
9. Footnote 7a is inserted:
"7a) civil code.".
10. In section 3, paragraph 3. 3, the letter "r") the following point), which read as follows:
"with) a day, who was in the Court decision about declared missing
listed as a day when the effects of the Declaration of the nezvěstnosti occurred, and the date of
legal force of the decision of the Court, "declared missing.
Letters with) up to) are known as t)).
11. in section 3, paragraph 3. 3 (b). in) the words "up to t) ' is replaced by ' up to)".
12. in Section 4a, the word ")" is replaced by "t").
13. In paragraph 6, the words ", m), s) in the case of a decision on divorce
or cancellation of the partnership, or of the decision on the invalidity or
the absence of a marriage or partnership "are replaced by the words" and m), in the case
the decision on the dissolution of the marriage or partnership, or cancellation of the
the decision on the invalidity or non-existence of a marriage or partnership, and
in the scope of § 3 para. 3 (b). with) and t), if it is a decision of the Court of
Declaration of death or missing ".
14. in § 8 para. 3 the words "and with)" shall be replaced by "s), and t)".
15. In section 8 paragraph 8 reads as follows:
"(8) For residents under the age of 15 years and for the citizen whose legal capacity has been
limited so that it is not capable to act in accordance with paragraphs 3 to 6, asks for
the provision of data, its legal representative or guardian. For the provision of
the data may also request the proponent undertakes, on the basis of the Treaty or
household member whose permissions to represent the citizen has been approved
Court ^ 5e). If the residents will ask the person referred to in the first sentence, or
Second, you must prove your identity and its identification with the
write to the request for information. ".
16. in section 10, paragraph 1. 6 (a). (c)), the words "having the capacity to perform legal acts"
shall be replaced by the word "competent".
17. in section 10, paragraph 1. 10 the second sentence, the words "deprived of the eligibility to
a citizen's legal capacity or whose capacity to perform legal acts was
limited by a court decision "shall be replaced by" whose legal capacity has been
limited ".
18. in section 10, paragraph 1. 11, after the word "report", the words "its proponent
on the basis of the Treaty on aid or household member whose permissions to
representation of the citizen has been approved by a Court of ^ 5e), or ".
19. In Article 17a shall be inserted after paragraph 2, a new paragraph 3 is added:
"(3) If a natural person, in the cases the allocation of social security number
pursuant to section 16 (a). (e) the request of the legal representative), the guardian, agent
on the basis of a special power of attorney with the notarized signature of the principal
or the proponent pursuant to a contract of service agent or member of the household,
whose permission to represent the citizen has been approved by the Court, enter ^ 5e)
also in the application name or name, surname and address of the place of
permanent or other residence or domicile abroad, this legal
Representative, guardian, representative, the proponent or household member. ".
Paragraphs 3 to 5 shall become paragraphs 4 to 6.
20. In Article 17a shall be inserted after paragraph 5 a new paragraph 6 is added:
"(6) on the allotted birth issues Ministry proof of birth,
who delivers the message to your own hands of a natural person who is a carrier of the native
numbers, or his legal representative, guardian, agents on
the basis of a special power of attorney with the notarized signature of the principal or
proponents of contract agent or member of the household, which
permission to represent the citizen has been approved by the Court ^ 5e). ".
The present paragraph 6 is renumbered as paragraph 7.
21. in section 17b para. 1 (b). (d)), § 17 para. 2 (a). (d)) and in section 17ca paragraph. 2
(a). (d)), after the words "legal representative" the words ", the guardian,
Agent on the basis of a special power of attorney with the notarized signature
the principal or the proponent undertakes, on the basis of the Treaty or the
household, whose representation of the citizen has been approved
Court ^ 5e) "and the words" legal representative "with the words"
the guardian, an agent, a proponent of contract agent or
Member of the household ".
22. in section 17b para. 4, after the words "the applicant about verifying" the words
"or his legal representative, guardian, agents on the basis of
special power of attorney with the notarized signature of the principal or chief supporters
on the basis of the contract of agent or member of the household, whose permissions
to represent the citizen has been approved by the Court, "^ 5e).
23. in section 17 c of paragraph 1. 5, after the words "the applicant for a certificate" shall be replaced
"or his legal representative, guardian, agents on the basis of
special power of attorney with the notarized signature of the principal or chief supporters
on the basis of the contract of agent or member of the household, whose permissions
to represent the citizen has been approved by the Court, "^ 5e).
24. In paragraph 17ca paragraph. 5, after the words "the applicant for confirmation of the change home
the numbers "the words" or its legal representative, guardian,
agents on the basis of a special power of attorney with the notarized signature
the principal's spouse, or on the basis of the contract of agent or Member
household, whose representation of the citizen has been approved
^ 5e) by the Court, ".
PART OF THE THIRTY-EIGHTH
Amendment of the Act on the protection of industrial designs
Article. XLV
In section 39 of Act No. 207/2000 Coll., on the protection of industrial designs and amending
Law No. 527/1990 Coll., on inventions, industrial designs and
rationalization proposals, as amended, paragraph 2
Insert a new paragraph 3, including footnote No. 4a is added:
"(3) Note controversial under the civil code ^ 4a) can apply to only
a record in the register, which is characterized by the management of an industrial design
as the subject of ownership.
4A) § civil code 986. ".
The former paragraph 3 shall become paragraph 4.
PART OF THE THIRTY-NINTH
To change the budget rules
Article. The 2008
Act No. 218/2000 Coll. on budgetary rules and amendments
related acts (budgetary rules), as amended by Act No. 493/2000
Coll., Act No. 143/2001 Coll., Act No. 185/2001 Coll., Act No. 320/2001
Coll., Act No. 450/2001 Coll., Act No. 202/2002 Coll., Act No. 320/2002
Coll., Act No. 483/2003 Coll., Act No. 186/2004 Coll., Act No. 257/2004
Coll., Act No. 435/2004 Coll., Act No. 480/2004 Coll., Act No. 1/2005
Coll., Act No. 127/2005 Coll., Act No. 361/2005 Coll., Act No. 377/2005
Coll., Act No. 545/2005 Coll., Act No. 112/2006 Coll., Act No. 130/2006
Coll., Act No. 137/2006 Coll., Act No. 140/2006 Coll., Act No. 230/2006
Coll., Act No. 262/2006 Coll., Act No. 174/2007 Coll., Act No. 218/2007
Coll., Act No. 270/2007 Coll., Act No. 26/2008 Coll., Act No. 306/2008
Coll., Act No. 109/2009 Coll., Act No. 154/2009 Coll., Act No. 213/2009
Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll., Act No. 417/2009
Coll., Act No. 421/2009 Coll., Act No. 139/2010 Coll., Act No. 199/2010
Coll., Act No. 427/2010 Coll., Act 30/2011 Coll., Act No. 73/2007 Coll.
Act No. 366/2011 Coll., Act No. 370/2011 Coll., Act No. 428/2007 Coll.
Act No. 456/2011 Coll., Act No. 457/2011 Coll., Act No. 458/2007 Coll.
Act No. 465/2011 Coll., Act No. 171/2012 Coll., Act No. 407/2009 Sb.
and Act No. 501/2009 Coll., is amended as follows:
1. In article 7 (2). 1 (b). e), the words "Civic Association ^ 8)" are replaced by
the words "associations ^ 8)."
Footnote # 8 reads as follows:
"8) Law No 513/91 Coll., the civil code.".
2. In article 7 (2). 1 (b). I), the words "and generally beneficial companies"
shall be replaced by "institutions and in spite of companies".
3. § 72, including title and footnote # 32 repealed.
PART 40
Amendment of the Act on the integrated rescue system
Article. XLVII
Act No. 239/2000 Coll., on the integrated rescue system and amending
certain acts, as amended by Act No. 320/2002 Coll., Act No. 20/2004
Coll., Act No. 186/2006 Coll., Act No. 262/2006 Coll., Act No. 306/2008
Coll., Act No. 151/2010 Coll. and Act No. 375/2010 Coll., shall be amended as follows:
1. in section 29 para. 2, the words "special legislation" ^ 21) "are replaced by
the words "civil code".
Footnote 21 is deleted.
2. in section 29 para. 3, the words "special legislation" shall be replaced by
the words "civil code" and the words "special legislation"
replaced by the words "civil code".
3. in section 30 paragraph 2. 3, the words "on liability for damage to health in the
certain special cases ' shall be deleted and the word "he" is replaced by
the word "victim".
4. in section 30 paragraph 2. 4, the words "special legislation" shall be replaced by
the words "the provisions of the civil code".
PART OF THE FORTY-FIRST
The change law of crisis
Article. XLVIII
Act No. 240/2000 Coll., on crisis management and amending certain acts
(emergency law), as amended by Act No. 320/2002 Coll., Act No. 127/2005
Coll., Act No. 112/2006 Coll., Act No. 262/2006 Coll., Act No. 110/2007
Coll., Act No. 306/2008 Coll., Act No. 153/2010 Coll., Act No. 430/2010
Coll., Act No. 375/2007 Coll. and Act No. 333/2010 Coll., shall be amended as follows:
1. In section 35 para. 2, the words "special legislation" shall be replaced by
the words "civil code". Footnote # 26 is repealed, and it
including a link to a footnote.
2. In section 35 para. 3, the words "special legislation" shall be replaced by
the words "civil code".
3. § 36 odst. 1 the words "responsible for" is replaced by "shall be obliged to
replace ".
4. § 36 odst. 3 the words "and" and the words "on liability
on health in certain special cases ' shall be deleted and the word "him"
replaced by the word "victim".
PART XLII
Changing the law on probation and mediation service
Article. XLIX
Act No. 257/2000 Coll., on probation and mediation service, and on the amendment of Act No.
2/1969 Coll., on establishment of ministries and other central bodies of the State
administration of the Czech Republic, as subsequently amended, Act No. 65/1965
Coll., the labour code, as amended, and Act No. 359/1999
Coll. on social and legal protection of children (law on probation and mediation
Service), as amended by law No 112/2006 Coll., Act No. 262/2006 Coll.
Act No 342/2006 Coll., Act No. 218/2009 Coll., Act No. 227/2009 Coll.,
Act No. 181/2007 Coll., Act No. 357/2007 Coll. and Act No. 375/2011
Coll., is amended as follows:
1. In section 5a paragraph 2. 3 letter i) reads as follows:
"i) limitation of incapacitation,".
2. In section 5a paragraph 2. 3 (b). n), the word "child" is deleted.
3. In section 5a paragraph 2. 3 the letter n) following the letter o) is added:
"o) day, who was in the Court decision about declared missing
listed as a day when the effects of the Declaration of the nezvěstnosti occurred, and the date of
legal force of the decision of the Court, "declared missing.
Letters about) and p) are known as the letters p and q)).
4. In section 5a paragraph 2. 4 the letter j) is added:
"j) limitation of incapacitation,".
5. In section 5a paragraph 2. 4, the letter n) following the letter o) is added:
"o) day, who was in the Court decision about declared missing
listed as a day when the effects of the Declaration of the nezvěstnosti occurred, and the date of
legal force of the decision of the Court, "declared missing.
Letters about) and p) are known as the letters p and q)).
6. In article 6 (1). 2 the words "competent to perform legal acts" shall be replaced by
"enjoys".
7. In paragraph 6 (1). 3, the words "having the capacity to perform legal acts" shall be replaced by
"enjoys".
8. in article 15, paragraph 2. 1 the words "legal capacity" are replaced by
the word "incapacitation".
PART OF THE FORTY-THIRD
Amendment of the Act on public collections
Article. L
Act No. 115/2001 Coll. on public collections and on amendments to certain laws
(Act on public collections), as amended by Act No. 296/2007 Coll., Act
No 124/2008 Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll., Act
No 420/2007 Coll., Act No. 458/2011 Coll., Act No. 120/2012 and
Act No. 142/2009 Coll., is amended as follows:
1. In paragraph 2 (a). a), the words "and other civic associations" are deleted.
2. in § 14 para. 2 the words "decision by the Court was deprived of the eligibility
legal capacity or capacity to act was
limited by a court decision "shall be replaced by" not fully enjoys. "
3. In section 27a para. 2 the letter i) reads as follows:
"i) limitation of incapacitation,".
PART OF THE FORTY-FOURTH
Change the enforcement code
Article. IF
Act No 120/2001 Coll., on judicial executors and enforcement activities
(enforcement procedure) and amending other laws, as amended by Act No. 6/2002 Coll.
Act No. 279/2003 Coll., Act No. 360/2003 Coll., Act No. 53/2004 Coll.
Act No. 256/2004 Coll., Act No. 283/2004 Coll., Act No. 499/2004 Coll.
Act No. 501/2004 Coll., Act No. 377/2005 Coll., Act No. 57/2006 Coll.
Act No. 70/2006 Coll., Act No. 79/2006 Coll., Act No. 135/2006 Coll.
Act No. 253/2006 Coll., Act No. 296/2007 Coll., Act No. 347/2007 Coll.
Act No. 254/2008 Coll., Act No. 259/2008, Coll., Act No. 274/2008 Coll.,
Act No 301/2008 Coll., Act No. 7/2009 Coll., Act No. 41/2009, Coll.,
Act No. 183/2009 Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll.,
Act No. 285/2009 Coll., Act No. 286/2009 Coll., Act No. 409/2010 Coll.,
Act No. 188/2011 Coll., Act No. 428/2007 Coll., Act No. 513/91 Coll.,
Act No. 396/2009 Coll., Act No. 45/2013 Coll. and Act No. 170/Sb.
is amended as follows:
1. In article 8 d of paragraph 1. 3, the words "legal acts" shall be replaced by the words "legally
Act "and the words" such acts invalid "are replaced by the words
"such acts invalid".
2. § 9 para. 1, section 20 (2). 1 and in section 27 para. 3 letter a) is added:
") is fully enjoys."
3. in section 11, article 15, paragraph 2. 2 (a). (b)) § 16 para. 4 the third sentence, § 18 para. 1
(a). (b)) and in section 34 para. 2 the term "damage" is replaced by the word "harm".
4. in article 15, paragraph 2. 1 (b). e), the words "the bailiff was deprived of the capacity to
legal capacity or competence was limited "shall be replaced by
"the legal capacity of a bailiff was limited".
5. in article 15, paragraph 2. 6, after the word "heirs", the words "or
odkazovníků ".
6. in article 16 paragraph 1. 3, after the word "heirs", the words "or
odkazovníky ".
7. in article 16 paragraph 1. 4 the second sentence, the words "responsible party" be replaced by
the words "has an obligation to replace the injury".
Footnote 3 shall be repealed, and that including a link to the note under
line.
8. In article 20 paragraph 1 reads:
"(1) writes a list of Chamber executives on a proposal from the executor of the citizen
The United States, which
a) fulfils the conditions of § 9 para. 1 (b). a) to (c)),
b) is employed by the bailiff. ".
9. in section 21 para. 2, the second sentence is replaced by the phrase "the Clerk cannot
execute the auction of immovable property or business establishment (hereinafter referred to as "the race"),
to give a judgment in the execution of the sale of immovable property or the establishment or
set up the enforcement of lien. ".
10. in section 22 para. 1 (b). (c)), the words "deprived of the legal
capacity or the capacity to perform legal acts is limited "is replaced by
the words "limited in incapacitation".
11. in § 31 para. 10, the words "liability" shall be replaced by
"the obligation to replace the injury".
12. In article 32, paragraph 1 reads:
"(1) unless otherwise provided by special law to the contrary, the bailiff is obliged to compensate
the injury, to whom it has caused in connection with the activities under this
the law. Executor is obliged to compensate the injury even if the injury was
caused when the execution or performance of other activities of his employee;
any loss or damage of that person's obligation under the specific legislation
This does not affect ".
13. in § 32 para. 2 the term "liability" shall be replaced by
"obligations" and the word "injury" shall be replaced by the word "injury".
14. in § 32 para. 3 the words "liability of the State for damage" are replaced by
the words "the obligation of the State to replace the injury".
15. In § 33a paragraph 1. 3 letter i) reads as follows:
"i) approval of the agent or the representation of a member of the household
including the Court that approved the contract or representation, restrictions
incapacitation ".
16. in § 33a paragraph 1. 3 the letter k) the following point (l)), which read as follows:
"l) day, who was in the Court decision about declared missing
listed as a day when the effects of the Declaration of the nezvěstnosti occurred, and the date of
legal force of the decision of the Court, "declared missing.
Letters l) to (n)) shall become letters (m)) up to).
17. in § 33a paragraph 1. 3 (b). about), after the words "legal representative"
the words "or a guardian", after the words "legal representative" with the words
"or guardian" and after the words "legal representative" with the words
"or guardian".
18. in § 33a paragraph 1. 4 the letter j) is added:
"j) limitation of incapacitation,".
19. in section 33e, the following section is inserted: 33f
"§ 33f
In electronic form in a manner allowing remote access will provide for
the needs of the Chamber of bailiffs execution through the Ministry of transport
data from the central register of road transport vehicles in the range
owner (name), registered office and identification number of the person, if it is a
a legal entity or a natural person entrepreneur; name, last name,
social security number, place of residence or, where appropriate, the address of the authorised stay
places to stay in the asylum, in the case of a natural person),
(b)) the operator is not at the same time the owner (name, address, and
the identification number of the person, in the case of a legal person or a natural
the person of the entrepreneur; name, last name, social security number, place of residence or
authorised stay, where appropriate, the address of the place of stay in the asylum
in the case of a natural person),
(c) the distinguishing sign of the State) road motor vehicle and the trailer
the vehicle, the date of the allocation, and removal,
d) species and category of motor vehicle and the trailer,
e) manufacturer of road motor vehicle and the trailer, brand
(trade name specified by), vehicle type and trade description,
f) date of first registration of the motor vehicle and road trailer
of the vehicle,
(g)) the purpose for which is a road motor vehicle and the trailer
determined,
h) liens encumbering a road motor vehicle and trailer
vehicle. ".
20. in section 34 para. 2 the words "correspond to the beneficiary and executor"
replaced by the words "are required to replace the authorized and the bailiff".
21. in section 34 para. 5, the word "obligation" is replaced by "debt" and the words
"assets" shall be replaced by the words "property of" components.
22. In article 35, paragraph 6, including footnote No 11 is deleted.
23. § 36 odst. 2, the words "subject to enforcement by affected by the things
rights or other assets belonging to "be replaced by" If the
enforcement by affected part of "and the words" these things, rights or
other assets "shall be replaced by the words" this part ".
24. In § 37 para. 2 (b)):
"(b)) if the enforcement of the decision on the custody of minor children, in
matters of protection against domestic violence, the bodies of the European Union or foreign
the decision; However, you can submit a proposal of execution when the execution is to be
conducted according to the decision on the maintenance of minor children or under the foreign
the decision, which was issued the Declaration of enforceability by directly
of the applicable legislation of the European Union or an International Convention or
decision on recognition. ".
25. In § 37 para. 4 (b). a), the words "to be recovered" are replaced by
the words "the amount of debt".
26. In article 38, paragraph 2 reads as follows:
"(2) for the enforcement of the proposal it is necessary to attach the original or officially
certified copy of the certificate provided with confirmation of its
enforceability or a copy of a notarial act with permission to
enforceability, unless an enforcement order issued by the enforcement court. ".
27. in § 39 para. 2, the words "or a certificate of enforceability of the enforcement
the title "shall be deleted.
28. paragraph 42:
"§ 42
(1) following the seizure of the assets belonging to the joint property of spouses can lead
also, in the case of recovery of the debt, which was incurred during the marriage
prior to the marriage or only one of the spouses. For property
belonging to the joint property of the debtor and his or her spouse for the purposes of
execution is also considered an asset that is not part of common property
the spouses only because it was the decision of a court canceled the joint property
spouses or narrowed down its existing range or that the Treaty was narrowed
the scope of joint property of spouses, it was arranged with the regime of separate property
or that has been reserved by the Treaty of establishment of the joint property, at the date of termination of
marriage.
(2) in assessing the facts referred to in paragraph 1 shall take account of the executor has always
What became apparent in the proceedings. ".
29. in § 43 para. 1, after the word "authorized" the words "or
limited submission time ".
30. In paragraph 43, at the end of the text of paragraph 1, the words ", or that
It's documented time ".
31. in § 43 para. 2, the words "or that the creditor has fulfilled its mutual
obligation, or is prepared to meet it "shall be replaced by" that
true has fulfilled its obligation to each other, or it is ready
meet, or that the documented time ".
32. In Article 43a paragraph. 6, the first sentence is replaced by the phrase "if it is not
met all the statutory prerequisites for the conduct of the execution, the Court
the bailiff shall grant to the enforcement proposal partially or completely refused
or dismissed, or that an enforceable management stopped. ".
33. In article 44 paragraph 1. 1 the words "register (registers) of legal persons ^ 16)"
replaced by the words "public registers in which shall be entered a legal
the person "and the word" immovable property "shall be replaced by the words" real thing ".
Footnote 16 is hereby repealed.
34. In § 44a para. 1, the second sentence is replaced by the phrase "legal action
that breach of this obligation, the debtor is invalid. ".
35. In § 44a para. 1 third sentence, the words "legal action, however, considers the
a valid, if the invalidity of the Act fails to "be replaced by
the words "legal act shall be considered valid if the objection
the invalidity of the objects ".
36. In § 44a para. 1, the fourth sentence is replaced by the phrase "legal effects
argue the case the invalidity occurs from the effectiveness of legal proceedings,
If an enforcement order or another manifestation of the will executor, authorized,
or creditor who is logged on to all participants of legal proceedings to which the
executor, a legitimate or logged on the creditor argued
of invalidity. ".
37. In § 44a para. 4, the words "assets" shall be replaced by
"components of assets".
38. In § 46 para. 7, the words "the bailiff shall issue execution proceeds" shall be replaced by
the words "or in the framework of the liquidation of the succession to the liquidation executor
the collected issues of performance "and the words" insolvency practitioner ", the proceeds of
replaced by "vymoženého the performance of an insolvency practitioner or
liquidation ".
39. In § 46 para. 8, after the word "filings" is inserted after the word "(lists)"
and the words "secured claim to lapse" is replaced by "secured
debt ".
40. In § 47 para. 1 and section 66 paragraph 1. 4, the word "commitments" shall be replaced by
"debt".
41. In § 47 para. 5, the word "Act" shall be replaced by the word "meeting" and the word
"invalid" shall be replaced by the word "void".
42. In § 49 paragraph 1. 1 (b). (f)), and (h)), § 58 para. 2, section 59 paragraph 1. 1 (b). (f)),
section 66 paragraph 1. 2 and 5 and § 69 para. 3 and 4, the word "property" is replaced by
the word "immovable property".
43. In § 49 paragraph 1. 1 (b). (g)), § 58 para. 2, section 59 paragraph 1. 1 (b). (d)),
the title of part one, title IV, part 5, section 70 para. 1, 2 and 5, and in section 71,
the word "business" is replaced by "ex works".
44. In § 49 paragraph 1. 1 (b). (g)), the word "sale" shall be replaced by
"disabilities".
45. In § 49 paragraph 1. 5, the words "things or property" shall be replaced by
"or real".
46. In § 58 para. 2, section 59 paragraph 1. 1 (b). (c)), section 59 paragraph 1. 3, § § 69 and 77
the word "property" is replaced by "immovable property".
47. In § 58 para. 2, section 59 paragraph 1. 1 (b). (e)), in the title of § 69a and section 69a
paragraph. 1 and 2, the words "real estate" is replaced by "immovable
matters ".
48. In part one, title IV, part 4, in the heading, the words "things and
real estate "is replaced by" immovable property ".
49. In section 66 paragraph 1. 2 and § 69 para. 4, the word "property" is replaced by
the words "the real thing".
50. in section 66 paragraph 1. 5, the word "property" is replaced by "immovable
things ".
51. In section 70 para. 1 the term "undertaking" shall be replaced by the word "race".
52. In paragraph 75 of the text at the end of paragraph 1, the words "of which
the nature of this allows you to ".
53. In paragraph § 76b 2, the words "having the capacity to perform legal acts" are replaced by
the word "competent" and the word "workers" shall be replaced by the word
"staff".
54. under section 76 c are inserted after paragraph 76 d to 76g, including the following title:
"Notice of reservation of rights to invoke the ineffectiveness of legal action
§ 76 d
The bailiff at the request of the creditor delivered notice to the creditor of its reservation
the right to invoke the ineffectiveness of legal proceedings under a different legal
Regulation (hereinafter referred to as "notice of reservation") to whom the applicant has indicated
This, against whom the ineffectiveness of legal action can invoke.
§ 76e
(1) on an application pursuant to § 76 d the bailiff draws up a protocol with the participation of creditors
which must include
and) place and date of drafting of the Protocol,
(b)) name, surname, date of birth and place of residence of the creditor and, where
the lender of a legal person, its name, the address of its registered office, and
identification number or the registration number or other similar
identifying number, if a legal person, some of them granted,
and name, surname, date of birth and place of residence of its present
the representative,
(c)) name, surname, date of birth and place of residence, to whom it is
notification of the reservation is made and, in the case of a legal person, its name,
the address of its registered office and identification number or the registration number, or
other similar identifying number, if any of the legal person
allocated to them,
(d)) the address to which the notification is to be delivered, if different from
place of residence or address of the registered office,
e) an indication that the notice of the reservation taken by the bailiff,
(f) the creditor's signature, a fingerprint) official stamp executor and his signature.
(2) the bailiff shall forward one copy of the log to the creditor.
(3) the Executor is not responsible for the contents of the notification of the reservation.
(4) the bailiff shall send notification of the reservation by the person referred to in paragraph 1 (b).
(c)) within 3 working days from the date of the drafting of the Protocol. As soon as the bailiff
It finds that the notification was delivered to this person on the reservation and when
happened, shall communicate this fact to the creditor. If the bailiff fails to
notification of the reservation by the pass, shall communicate this fact to the creditor.
§ 76f
(1) a lender may take notice of the reservation to the Protocol on the application referred to in
§ 76 d, which must include
and) place and date of drafting of the Protocol,
(b)) name, surname, date of birth and place of residence of the creditor and, where
the lender of a legal person, its name, the address of its registered office, and
identification number or the registration number or other similar
identifying number, if a legal person, some of them granted,
and name, surname, date of birth and place of residence of its present
the representative,
(c) notification of the reservation), which must have the following elements:
1. name, surname, date of birth and place of residence of the creditor and, where
the lender of a legal person, its name, the address of its registered office, and
identification number or the registration number or other similar
identifying number, if a legal person, some of them granted,
and name, surname, date of birth and address of the representative
on behalf of the creditor's notice of reservation shall be,
2. name, surname, date of birth and place of residence, to whom it is
notification of the reservation is made and, in the case of a legal person, its name,
the address of its registered office and identification number or the registration number, or
other similar identifying number, if any of the legal person
allocated to them,
3. the legal proceedings in respect of which the lender reserves the right
call his ineffectiveness,
4. the name, surname, date of birth and place of residence of the debtor and the creditor,
If the debtor is a legal person, its name, the address of its registered office, and
identification number or the registration number or other similar
identifying number, if a legal person, some of them granted,
5. the labelling of the lender's claims against the debtor,
6. reservation of the creditor rights to invoke the ineffectiveness of legal action
(d) the creditor's signature, a fingerprint) official stamp executor and his signature.
(2) the bailiff shall transmit copies of the log to the creditor, and other
copy shall be sent to the person referred to in paragraph 1 (b). (c) point 2)
within 3 working days from the date of the drafting of the Protocol. Once the bailiff finds
that was a copy of this to the person served and when it happened,
or if you fail to deliver a notice of reservation of the executor, it shall inform the
the fact the creditor.
§ 76g
(1) a person who requests an act referred to in § 76 d, is obliged to prove the executor
official proof of his identity, if the executor does not know personally. In the case of
the legal entity is obliged to demonstrate its representative, in addition to its
the identity of her existence. Similarly, if the representative of the
legal persons of another legal person. A legal person shall demonstrate their
the existence of a dump from the public register in which is recorded;
If not, proof of our existence in a different way, from which
It can be inferred that there is and also a statement of its existence by a person
it legally.
(2) if the identity of the subject, where applicable, the existence in accordance with paragraph 1
demonstrated, the executor declines to perform the requested action. ".
55. In § 87 para. 1 the words "Business Manager" shall be replaced by "the administrator
the race "and in section 131 (b). (b)), the words "business managers" are replaced by the words
"Administrators".
56. In paragraph 105, the word "free" is deleted.
57. In article 106 paragraph. 2 the first sentence, the words "Free copies of" shall be replaced by
"Copies", and the second in the sentence, the word "free" is deleted.
58. In section 119 paragraph 1. 5, the words "paragraph 117. 6 "shall be replaced by" paragraph 117b.
2. "
59. In article 130 paragraph 1. 3, the words "subject to" are replaced by the words "If" and the words
"affected by the same things, rights or other assets" shall be replaced by
the words "affected by the same thing."
60. In paragraph 131 (b). (c)), the word "damages" is replaced by the word "injury".
Article. LII
Transitional provision
The contract of insurance against liability for injury to the bailiff is obliged to enter into the
1 year from the date of entry into force of this Act. If the contract is concluded
within the time limit under the first sentence, to the date of the conclusion of this contract met
presumption of carrying out an activity of an executor under section 11 (1) 1 (b). (b))
Act No 120/2001 Coll., in the version in force from the date of entry into force of
of this Act, if the executor has entered into a contract for the insurance of liability for
damage.
PART OF THE FORTY-FIFTH
Amendment to the law on budgetary rules local budgets
Article. LIII
In § 23 para. 1 of law no 250/2000 Coll. on budgetary rules
local budgets, as amended by Act No. 561/2004 Coll., Act No. 346/2005
Coll., Act No. 248/2006 Coll., Act No. 477/2008 Coll. and Act No.
466/2011 Coll., letter d) including footnote # 16:
"(d)) post of the Constitution by a special Act ^ 16),
16) Law No 513/91 Coll., the civil code. ".
PART XLVI
Change the Water Act
Article. LIV
Act No. 254/2001 Coll. on waters and on amendments to certain acts (the water
Act), as amended by Act No. 76/2002 Coll., Act No. 320/2002 Coll., Act
No 274/2003 Coll., Act No. 20/2004 Coll., Act No. 413/2005 Coll., Act
No 444/2005 Coll., Act No. 186/2006 Coll., Act No. 222/2006 Coll., Act
No 342/2006 Coll., Act No. 25/2008 Coll., Act No. 167/2008 Coll., Act
No 181/2008 Coll., Act No. 157/2009 Coll., Act No. 227/2009 Coll., Act
No 281/2009 Coll., Act No. 150/2010 Coll., Act No. 77/2010 Coll., Act
No 151/2007 Coll., Act No. 85/2012 Coll., Act No. 350/2012 Coll. and act
No 501/2009 Coll., is amended as follows:
1. in section 59, the following new § 59a, which including the title reads as follows:
"§ 59a
The obligation of owners of land on which is located the water works
The land owner is obliged to tolerate for a refund on his land water
completed before the 1. January 2002 and its use. ".
2. In § 104 paragraph. 5 and 6 (d)):
"(d)) the restriction of incapacitation".
3. In § 104 paragraph. 5, letter d) the following point (e)), which read as follows:
"e) day, who was in the Court decision about declared missing
listed as a day when the effects of the Declaration of the nezvěstnosti occurred, and the date of
legal force of the decision of the Court, "declared missing.
Subparagraph (e)), and (f)) are known as the letters f) and (g)).
Article. LV
Transitional provision
In the absence of the owner of the land and the owner of the water works to the agreement on
compensation for use of the land under section 59a of the Act No. 254/2001 Coll., as amended by
effective from the date of entry into force of this law, within 24 months from the date of
entry into force of this Act, shall, on application of the landowner
or water works on the level of the compensation court.
PART OF THE FORTY-SEVENTH
Amendment of the law on churches and religious societies
Article. LIONS
Law No. 3/2002 Coll., on freedom of religion and the status of churches
and religious communities and on amendments to certain acts (the Act on churches
and religious societies), as amended by the Constitutional Court
declared under the No 4/2003 Coll., Act No. 561/2004 Coll., Act No.
495/2005 Coll., Act No. 296/2007 Coll., Act No. 129/2008 Coll., Act No.
41/2009 Coll., Act No. 227/2009 Coll., Act No. 375/2007 Coll., Act No.
420/2011 Coll. and Act No. 428/2009 Coll., is amended as follows:
1. In paragraph 3 (b). and) the words "and spiritual services" shall be replaced by ",
religious services and, where appropriate, charitable activities ".
2. In paragraph 3 (c)):
"(c)) personal information name or first and last name, social security number or
date of birth, address of place of residence in the territory of the Czech Republic, where it has
natural person reported continuous, or temporary stay or residence,
does not have a permanent or temporary residence, in the case of foreigners as well as an indication of their
citizenship, ".
Footnote 2 shall be deleted.
3. section 5, including the title and a footnote 4 is added:
"§ 5
The conditions of and operation of churches and religious societies
Produce and develop the activities of Church and religious society cannot, whose
learning or activity monitors violations of the law, or to achieve a goal
unlawful manner, especially if
and denies or restricts) personal, political or other rights of individuals
for their nationality, sex, race, origin, political or other
opinion, religion or social status,
b) kindles hatred and intolerance,
c) supports violence or violations of law
d) has seriously eroded public morality, public policy or public
health,
e) limits the personal freedom of the people, in particular by exploiting psychological or
physical compulsion to create a dependency that leads to the physical,
mental or economic damage to the people or their
members of the family, to damage their social connections, including
reducing mental development of minors or the restriction of their rights on the
Education ^ 4), or the prevents minors receive health care
the corresponding medical needs, or
(f)) is her learning utajováno in whole or in parts, as well as
the organizational structure of churches and religious societies and links to
Foreign folder, if it is part of the Church or religious society
operating outside the territory of the Czech Republic.
4) Act No. 561/2004 Coll. on pre-school, primary, secondary, higher
vocational and other education (the Education Act), as amended
regulations. ".
4. In section 8 shall at the end of paragraph 1, the following sentence "the Union of the churches and
religious communities arises as a legal entity according to the registrations
This Act. ".
5. In section 10, paragraph 1. 1 the words "have the capacity to perform legal acts"
replaced by the words "are an".
6. In section 10, paragraph 1. 3 letter a) is added:
") name of the churches and religious societies; the name of the churches and religious
the company may not contain indications of its legal form, ".
7. in section 10, paragraph 1. 3 (b). (d)), the words "the authority of the Church and religious
the company that acts on its behalf with the public authorities and third
persons on the territory of the Czech Republic as a statutory authority "shall be replaced by
"statutory body of churches and religious societies".
8. In section 10, paragraph 1. 3 (b). e), the words "the authority referred to in subparagraph (d))" shall be replaced by
the words "statutory authority".
9. in section 10, paragraph 1. 3 (b). (f)), after the words "and of the company, including" the
the words "the supervisory authority or authorities, their composition and responsibilities,
If they were established, and ".
10. In section 10, paragraph 1. 4 and 5, the words "the authority referred to in paragraph 3 (b). (d)) "
replaced by the words "statutory authority".
11. In article 11 (1) 2, § 14 para. 7, § 15 para. 4 and § 22 para. 1 (b). (d))
the words "the authority of a registered Church and religious society under section 10
paragraph. 3 (b). (d)) "shall be replaced by" statutory authority registered Church
and religious society. "
12. in § 12 para. 1, letter a) is added:
"and the name of the Union), churches and religious societies; the name of the Union of the churches and
religious communities may not contain the indication of the legal form ".
13. in § 13 para. 2 (a). (b)) and § 14 para. 6 (a). (b)), the words "the authority
registered churches and religious societies according to § 10 para. 3 (b).
(d)) "shall be replaced by" statutory authority registered Church and
religious society ".
14. in article 15, paragraph 2. 3, the words ' the institution of registered churches and religious
the company pursuant to § 10 para. 3 (b). (d)) "shall be replaced by" of the statutory
authority of registered churches and religious societies "and the words" their
authority and "shall be deleted.
15. in article 15, paragraph 2. 5, the words "the authority of the Church, religious society according to the
§ 10 para. 3 (b). (d)) "shall be replaced by" statutory authority registered
churches and religious communities ".
16. in section 15a, the following paragraph 5 is added:
"(5) the acquisition of the status of public benefit for the registered Church and
religious society take this status and legal persons
registered in accordance with paragraph 1. ".
17. In article 16(1). 2 (c)):
"(c)) its name; the name of the registered legal person may not contain
indication of its legal form, ".
18. In article 16a, paragraph 2. 1, the words ', acting as the statutory body
on behalf of the churches and religious communities ' shall be deleted.
19. In article 16a para. 4 (b). (c)), the word "acts" shall be replaced by
"negotiations".
20. In article 16a, the dot at the end of paragraph 4 is replaced by a comma and the following
the letter e), which reads as follows:
"e) designation, composition and scope of the supervisory body, if established.".
21. in section 16a, paragraph 2. 5 (b). (c)), the words "in which the asset was inserted
the property of the State or municipality, or that use the property of the State or municipality
or are the recipients of subsidies from public budgets "are replaced by the words" for
where the amount of net turnover exceeds 10 million ".
22. in section 17(2). 2, the words "permanent residence of natural persons and their
social security numbers or citizenship and the issue of the licence for authorisation to
the Aliens ' are replaced by the words "of stay or residence, birth, and
nationality of aliens ".
23. in § 17 paragraph 5 the following paragraph 6 is added:
"(6) the Status of public utility writes the Ministry not later than 5
working days from the date of filing of the application, and proof of final decision
Court for permission write the status into the index. If no write status
public benefit made in the period referred to in the first sentence, the
the proposed writing out the day following the expiry of that period.
Writing is reflected in the register within 2 days from the date when such registration
be deemed executed. ".
Paragraphs 6 to 8 shall be renumbered 7 to 9.
24. in section 18 para. 1 (b). (b)), the words "and the seat of the authority of a registered
churches and religious communities in accordance with § 10 paragraph 1. 3 (b). (d)) "are replaced by
the words "statutory authority, registered churches and religious
the company ".
25. in section 18 para. 1 letter c) is added:
"(c)) the personal data of members of the statutory body of the registered Church and
religious society, the day of the births and deaths of their functions ".
26. in section 18 para. 1 (b). (g)), after the words "the cancellation of the registration of the Church and
religious society ", the words" with the indication of the legal basis ".
27. in section 18 para. 1 (b). even) the words "the authority of a registered Church and
religious society, pursuant to section 10, paragraph 1. 3 (b). (d)) "shall be replaced by
"the Board registered churches and religious societies".
28. in section 18 at the end of paragraph 1, the period is replaced by a comma and the following
the letter j) is added:
"(j)) a statement that the registered Church and religious society has
status of public benefit and when it was granted, an indication that the
proceedings have been initiated to withdraw the status, and an indication of when this
the status is cleared, and the reason for its withdrawal. "
29. in section 18 para. 2, the words "and the decision of the Ministry" are replaced by the words
"the decision of the Ministry, and other documents, which provided for
special legislation. ".
30. In § 19 para. 1 at the end of the text of subparagraph (d)), the words "day
births and deaths of their functions ".
31. in section 19 para. 1 the letter g) is added:
"g) deregistration the Union of churches and religious societies with
indication of legal reason, access to disposal and personal information
the liquidator, the bankruptcy decision, revocation of bankruptcy because that property is
totally inadequate, and the name, last name (business name) and address of the
the insolvency practitioner indicating the date and number of the decision
the facts, the demise of the Union of churches and religious organisations, ".
32. In paragraph 19, at the end of paragraph 1, the period is replaced by a comma and the following
the letter j) is added:
"j) an indication that the Union of churches and religious societies has written
the status of public benefit and when it was granted, an indication of the fact that it was
proceedings for withdrawal of status, and information about when the status has been
cleared, and the reason for its withdrawal. "
33. In § 19 para. 2, the words "and the decision of the Ministry" are replaced by the words
"the decision of the Ministry, and other documents, which provided for
special legislation ".
34. In section 20 (2). 1 at the end of the text of subparagraph (d)), the words "and the day
births and deaths of their functions ".
35. In section 20 (2). 1 (b). (g)), after the word "evidence", the words "with the
indication of legal reason ".
36. In paragraph 20, the period at the end of paragraph 1 is replaced by a comma and the following
the letter k), which read as follows:
"to) an indication that it has the status of public benefit and when she was
granted, an indication of the fact that proceedings have been initiated to withdraw the status, and an indication of
When the status has been cleared, and the reason for its withdrawal. "
37. In section 20, at the end of the text of paragraph 2, the words "and other
the documents, which provided for by a special legal regulation ".
38. In section 22 para. 1 (b). (c)), the words "legal order" shall be replaced by the words "§
3 (b). a), section 5 or section 27 para. 5. "
39. In paragraph 22 of the paragraph. 1 (b). (d)), the words "to the authorities and" are deleted.
40. in section 26 para. 1 (b). (b)), the words "this is inconsistent with the definition of its
the scope of the register according to § 16 para. 2 or § 16a para. 3 and
4 or in conflict with the law "shall be replaced by the words" shall act in
contrary to section 3 (b). and), § 5 or § 15a paragraph 1. 4. "
41. In section 27a para. 1 to 3 of the introductory part of the provisions, the words "the authority
Church or "shall be replaced by" of the statutory authority of the Church ".
42. In paragraph 27a para. 2 (a). g), the words "the deprivation or limitation of
competence to perform legal acts "shall be replaced by" limitations of incapacitation ".
43. In section 27a para. 3 (f)):
"f) limitation of incapacitation.
PART OF THE FORTY-EIGHTH
Amendment of the Act on courts and judges
Article. LVII
Act No. 6/2002 Coll., on courts, judges, lay judges and State administration
courts and amending some other acts (the Act on courts and judges),
as amended by Act No. 151/2002 Coll., Act No. 229/2002 Coll., the award
The Constitutional Court declared under no. 349/2002 Coll., Act No. 192/2003
Coll., Act No. 441/2003 Coll., Act No. 626/2004 Coll., Act No. 349/2005
Coll., Act No. 413/2005 Coll., Act No. 79/2006 Coll., Act No. 221/2006
Coll., Act No. 233/2006 Coll., Act No. 262/2006 Coll., Act No. 262/2006
Coll., Act No. 342/2006 Coll., Constitutional Court declared under no.
397/2006 Coll., Act No. 184/2008 Coll., Act No. 314/2008 Coll., Act No.
7/2009 Coll., Act No. 41/2009 Coll., Act No. 217/2009 Coll., Act No.
228/2009 Coll., Constitutional Court declared under no. 294/2010 Coll.,
Act No 215/2007 Coll. and Act No. 142/2009 Coll., is amended as follows:
1. In § 39 para. 1 the words "commercial register, the register in General
enterprises and the endowment of the register "shall be replaced by
"public registers of legal entities and natural persons".
2. in section 60 paragraph. 1 the words "competent to perform legal acts" shall be replaced by
"fully enjoys."
3. § 72 para. 1, after the words "Organization of the courts", the words ", to
changing the jurisdiction of the courts ".
4. In paragraph 94 (a). (f)) and in section 96 (a). (c)), the words "deprived of the capacity to
legal capacity or who have been his competence to perform legal acts
limited "shall be replaced by" limited in incapacitation ".
5. In paragraph 95, at the end of paragraph 2 the following sentence "a copy of the notice of
resignation is the judge shall immediately deliver to the President
the competent court ".
6. § 175b para. 1 (b). I), the words "the deprivation or limitation of
competence to perform legal acts "shall be replaced by" approval of the Treaty on
agent or representative office of a member of the household including the Court that
contract or agency approved, limit the incapacitation ".
7. § 175b para. 1 (b). the introductory part of the provisions of the) words
"osvojeném child" shall be replaced by the word "adoptee".
8. In § 175b para. 1 (b). o) paragraphs 2 and 3, the word "child" is replaced by
the word "adopted".
9. In § 175b para. 1 (b). about) section 4, the words "of a child who is born
abroad, the place and the State where he was born "are replaced by the words" the adopted child,
who was born in a foreign country, the place and the State where he was born. "
10. In § 175b para. 1 (b). o) clause 7, the word "child" is deleted.
11. In § 175b para. 1, letter a) the following point p)
added:
"p) day, who was in the Court decision about declared missing
listed as a day when the effects of the Declaration of the nezvěstnosti occurred, and the date of
legal force of the decision of the Court, "declared missing.
Points p and q)) are known as q) and r).
12. In paragraph 175c paragraph. 1 the letter j) is added:
"j) limitation of incapacitation,".
13. in paragraph 175c paragraph. 1 (b). p) the introductory part of the provision, the words
"osvojeném child" shall be replaced by the word "adoptee".
14. in paragraph 175c paragraph. 1 (b). p) points 2 and 3, the word "child" is replaced by
the word "adopted".
15. In paragraph 175c paragraph. 1 (b). p) of paragraph 4, the words "of a child
born in a foreign country, the place and the State where he was born "shall be replaced by
"the adopted child, who was born in a foreign country, the place and the State where he was born."
16. in paragraph 175c paragraph. 1 (b). p) clause 7, the word "child" is deleted.
17. in paragraph 175c paragraph. 1 the letter r) following the letter s)
added:
"with) a day, who was in the Court decision about declared missing
listed as a day when the effects of the Declaration of the nezvěstnosti occurred, and the date of
legal force of the decision of the Court, "declared missing.
Letters with) up to) are known as t)).
PART XLIX
Amendment of the Act on the execution of institutional care or protective custody in
school facilities and preventive educational care in school
devices
Article. LVIII
Act No. 109/2002 Coll. on the execution of institutional care or protective custody
in school facilities and on preventive educational care in school
devices and amending other acts, in the wording of Constitutional Court
the declared under no. 476/2004 Coll., Act No. 561/2004 Coll., Act No.
563/2004 Coll., Act No. 383/2005 Coll., Act No. 112/2006 Coll., Act No.
189/2008 Coll., Act No. 274/2008 Coll., Act No. 7/2009 Coll., Act No.
41/2009 Coll., Act No. 281/2009 Coll., Act No. 352/2010 Coll., Act No.
375/2007 Coll., Act No. 513/91 Coll., Act No. 333/2012 Coll. and Act No.
401/2012 Coll., is amended as follows:
1. in § 5 para. 1, the words ", and based on the results of a comprehensive
examination, the health status of children and the available capacity of each
the device is placed in children's homes, children's homes, with a school or
educational institutions "shall be replaced by the words"; children with protective
education is also based on the results of the comprehensive examination, health
the status of children and the available capacity of each device is placed into the children's
homes with a school or educational institutions ".
2. in § 5 para. 2 (a). e), the words "on a proposal from the diagnostic Institute"
shall be deleted.
3. in § 5 para. 2 at the end of the text of the letter e), the words "and when the
preparation for court representation regarding the destination device for the exercise of the constitutional
education, to which the child is to be placed with the orphanage ".
4. In paragraph 5, at the end of paragraph 5, the following sentence "when placing a child in a
the children's home or foster home with the school without its prior
stay at the Institute's diagnostic documentation to the child in the first sentence
and the second passes directly to the competent device. ".
5. § 5 paragraph 6 is added:
"(6) to the diagnostic Institute child puts on a period of generally
not exceeding 8 weeks. ".
6. in § 5 para. 7, the first sentence is replaced by the phrase "in a foster home with
the school and the educational Institute of the child may be with a protective upbringing
located only diagnostic Institute, in whose territorial jurisdiction is
device is. ".
7. § 5 paragraph 8 reads as follows:
"(8) If a child who has been placed under a court decision
the children's home or foster home with the school without its prior
stay in diagnostic of the Institute, be shown in addition needed a comprehensive
examination, the examination in the institution where the child was
located, the diagnostic Institute, in whose district the facility is located.
8. in § 5 para. 9, after the words "to relocate the child", the words "with the
imposed protective care "and the words" orphanage, "shall be deleted.
9. in section 5, paragraph 12 shall be deleted.
The former paragraph 13 shall become paragraph 12.
10. in § 5 para. 12, after the words "the placement of the child", the words "with the
protective upbringing ".
11. in section 10, paragraph 1. 3 the words "diagnostic Institute of place or move
the child "shall be replaced by" the child be placed or removed ".
12. in section 24 para. 1 (b). (c)), the words "authority of the social and legal protection
children "shall be replaced by" the Court "and the words" the future adoptive parent or
a foster parent "shall be replaced by the words" before the adoption or foster care ".
13. in § 24 para. 5 at the end of the text of subparagraph (a)) the following words "or
If the elapsed duration provided for institutional care, with the exception of
in the case where the date of expiry of that period is not completed the proceedings of the Court of
extension or the abolition of institutional care ".
14. in paragraph 26, the following shall be added at the end of paragraph 3, the phrase "the rights referred to in paragraph 1
(a). and), c), (d)), and (e)) and the obligation under paragraph 2 (a). b), c) and (d))
also apply to the minor's parents, who has not acquired full incapacitation
unless the Court decided that such performance is to be suspended
obligations and rights of custody of the child until the time, when a parent takes full
legal capacity. The rights referred to in paragraph 1 (b). and), c), (d)), and (e)) and the obligation to
in accordance with paragraph 2 (a). b), c) and (d)) shall apply to the parent who has been
limited in incapacitation, if the Court decided that this
his parents due to his person retains the performance of the duties and rights of care
child. The rights referred to in paragraph 1 (b). and), c), (d)) and the obligations of
paragraph 2 (a). (c)) shall apply to the parent who has been limited in the
incapacitation, if the Court decided that the parents because
to his person retains the exercise of the right to personal contact with the child. ".
PART OF THE 50TH
Amendment of the Act on service relationship of members of security forces in the staff
Article. LIX
Act No. 361/2003 Coll., on the service relationship of members of security staff
choirs, as amended by Act No. 186/2004 Coll., Act No. 435/2004 Coll., Act
No 586/2004 Coll., Act No. 626/2004 Coll., Act No. 169/2005 Coll., Act
No 253/2005 Coll., Act No. 413/2005 Coll., Act No. 530/2005 Coll., Act
No 189/2006 Coll., Act No. 531/2006 Coll., Act No. 261/2007 Coll., Act
No 305/2008 Coll., Act No. 306/2008 Coll., Act No. 326/2009 Coll., Act
No 341/2007 Coll., Act No. 375/2007 Coll., Act No. 428/2007 Coll., Act
No 458/2007 Coll., Act No. 470/2011 Coll., Act No. 167/2012 and
Act No. 399/2012 Coll., is amended as follows:
1. In section 13(2). 1 letter f) is added:
"(f)) is fully enjoys."
2. In § 42 para. 1 (b). to) the words "capacity to perform legal acts
This competence was limited or deprived of, "shall be replaced by
"the legal capacity is limited,".
3. Footnote No 25 and 46 are repealed, including links to
the footnote.
4. footnote # 53:
"53) civil code.".
5. section 173:
"§ 173
The representative of the participant, whose legal capacity has been restricted, is the Court of
appointed guardian ^ 78). ".
6. footnote # 84 is repealed, and including a link to the note
below the line.
7. in section 201, the following paragraph 3 is added:
"(3) for the purposes of this Act, the Household consists of physical persons who live
permanently together with the national and together and sharing the costs of their
necessary. ".
8. section 204, including title and footnotes # 87 is repealed.
9. section 205 shall be deleted.
PART OF THE FIFTY-FIRST
The trade marks (Amendment) Act
Article. LX
Law No. 441/2003 Coll. on trademarks and amending Act No. 6/2002
Coll., on courts, judges, lay judges and the State administration of courts and amending
some other laws (the law on the courts and Judges Act), as amended by
amended, (law on trade marks), as amended by Act No.
501/2004 Coll., Act No. 221/2006 Coll. and Act No. 296/2007 Coll., is amended
as follows:
1. under section 18 shall be added to § 18a, which including the title reads as follows:
"§ 18a
Ownership of trademarks
(1) it is the responsibility of the law to the same trademark to several persons (hereinafter referred to as
"venturers"), the relationships between them shall be governed by the provisions on the
co-ownership.
(2) unless otherwise agreed, the co-owners has the right to use
Mark each of the joint owners.
(3) a valid license is required, if not agreed
otherwise, the consent of all the venturers; each of the joint owners is
shall be entitled to present claims of violations of the rights of the trade mark
separately.
(4) a transfer of a trade mark is required the consent of all
the joint owners. Co-owner is entitled to, without the consent of the other
to convert its stake only to one of the co-owners; to a third party
can I convert its stake only in the case that none of the joint owners
within 1 month will not accept the written offer conversion. ".
2. In section 44 para. 1 the word "this" is deleted.
3. In article 44, paragraph 4, the following paragraph 5, including
footnote # 15:
"(5) Note controversial under the Civil Code ^ 15) can apply to only
a record in the register, which is characterized by the management of the trade mark
as the subject of ownership.
15) § civil code 986. ".
Paragraphs 5 and 6 shall be renumbered as paragraphs 6 and 7.
PART OF THE FIFTY-SECOND
Amendment of the Act on the bonds
Article. LXI
Act No. 190/2004 Coll. on bonds, as amended by law No 378/2005 Coll.
Act No 56/2006 Coll., Act No. 57/2006 Coll., Act No. 296/2007 Coll.
Act No. 230/2008 Coll., Act No. 227/2009 Coll., Act No. 230/2009 Coll.,
Act No. 281/2009 Coll., Act No. 160/2010 Coll., Act No. 199/2010 Coll.,
Act No. 355/2011 Coll., Act No. 172/2012 Coll. and Act No. 227/2013
Coll., is amended as follows:
1. In article 2 (2). 1, after the words "security", the words "(hereinafter referred to as
"a paper IOU") or book-entry securities (hereinafter referred to as
"book-entry bond") ".
2. In article 2 (2). 3, § 6 (1). 1 (b). (c)), § 6 (1). 3, § 18 para. 4
the initial part of the provisions in section 22 and paragraph. 3 (b). (b)), after the words "securities
"the words" and book-entry securities '.
3. In paragraph 5, the words ", and the date of the transfer of the bond" are deleted.
4. In article 6 (1). 1 (b). f), the words "amount" shall be replaced by
the words "identify".
5. in article 6, paragraph 2 shall be deleted.
The former paragraph 3 shall become paragraph 2.
6. in the section 18 para. 1, after the word "paper" the words "or
book-entry securities '.
7. in section 21 para. 1, point (c)) shall be deleted.
Subparagraph (d)) to (g)) shall become point (c)) to (f)).
8. in section 21 para. 1 (b). (c)), the word "undertaking" shall be replaced by
"business establishment".
9. in section 21 para. 1 (b). (d)), the word "issued" shall be replaced by
the "issued by".
10. in section 21 para. 1 (b). (f)), the word "commitments" shall be replaced by
"debts".
11. in paragraph 2 of article 23. 6, the words "to g)" shall be replaced by "to f)".
12. In section 27 para. 3 (b). and), the word "commitments" shall be replaced by
"debts".
13. in section 28 para. 3, the words "property, even" are replaced by
the words "real estate" and the word "property" is replaced by the words
"immovable property".
14. in section 28 para. 4 and in section 30 paragraph 2. 3 the words "real estate" is replaced by
the words "the real thing".
15. in section 29 para. 1 and 3 and in section 30 paragraph 2. 1, 4, 5 and 6 the word
"real estate" is replaced by "immovable property".
16. in section 29 para. 2 of the introductory part of the provisions of § 29 para. 2 (a). and) and in section
30 paragraph 2. 2 to 6, the word "property" is replaced by "immovable property".
17. in section 29 para. 2 (a). (b)), and (c)), the word "property" is replaced by
"real things".
18. in section 29 para. 2 (a). (d)), the word "estate" is replaced by
"nemovitými things".
PART OF THE FIFTY-THIRD
Amendment of the Act on capital market
Article. XLI
Act No. 256/2004 Coll., on the capital market, as amended by law
No 635/2004 Coll., Act No. 179/2005 Coll., Act No. 377/2005 Coll., Act
No 56/2006 Coll., Act No. 57/2006 Coll., Act No. 62/2006 Coll., Act No.
70/2006 Coll., Act No. 159/2006 Coll., Act No. 120/2007 Coll., Act No.
296/2007 Coll., Act No. 29/2008 Coll., Act No. 104/2008 Coll., Act No.
126/2008 Coll., Act No. 216/2008 Coll., Act No. 230/2008 Coll., Act No.
7/2009 Coll., Act No. 223/2009 Coll., Act No. 227/2009 Coll., Act No.
230/2009 Coll., Act No. 281/2009 Coll., Act No. 420/2009 Coll., Act No.
156/2010 Coll., Act No. 160/2010 Coll., Act No. 409/2010 Coll., Act No.
41/2007 Coll., Act No. 139/2011 Coll., Act No. 188/2007 Coll., Act No.
420/2011 Coll., Act No. 428/2007 Coll., Act No. 37/2009 Coll., Act No.
172/2009 Coll., Act No. 254/2009 Coll. and Act No. 134/2013 Coll., is amended
as follows:
1. In article 1 (1). 1, after the word "offer" is inserted after the word "investment".
2. In article 2 (2). 1 at the end of subparagraph (a)), the words "If the
a statutory body or a member of the statutory body of the legal person,
the head of a person means a natural person who is this legal
the person empowered to represent it in a statutory authority ".
3. In article 2 (2). 1 (b). (j)), point 2, the words "place of business" is replaced by
the word "headquarters".
4. In section 4, paragraph 4. 3 (b). (b)) § 15s para. 1 and in § 100 para. 3 (b). (c)), and
(d)), the word "loan" shall be replaced by the word "lease".
5. In section 4, paragraph 4. 3 (b). (c)), the word "undertakings" shall be replaced by
"business establishments".
6. In section 4, paragraph 4. 6, § 12 para. 1 (b). and), § 92 para. 2 and 3, § 94 paragraph.
5 and 6, § 100 para. 1 (b). and), § 100 para. 3 (b). (d)), § 103 para. 2
(a). (b)), § 110 paragraph 2. 2, § 115 paragraph. 2, § 135 para. 1 (b). m) and in section
paragraph 161. 5, after the words "central register" shall be replaced
"book-entry".
7. In paragraph 6 (1). 1 (b). and, § 38 paragraph 1). 1 (b). and) and in section 120b para. 3, the
the words "commercial code" shall be replaced by the words "the law governing the legal
ratios of commercial companies and cooperatives ".
8. In section 10, paragraph 1. 2 (a). and section 2, §) to be met. 3 (b). (b)), paragraph 2, section 30
paragraph. 4 (b). (b)), § 32b para. 2 (a). (b)) and in section 198 paragraph 1. 2, the words
"having the capacity to perform legal acts" shall be replaced by the word "enjoys".
9. in section 10 c of paragraph 1. 3 and § 122 para. 5, the word "Act" shall be replaced by
"negotiations".
10. In section 10 d of paragraph 1. 3 (b). a), the words ", the registered office or place of business"
replaced by the words "or the seat".
11. in section 10 d, paragraphs 8 and 9 are deleted.
12. in section 12 c of paragraph 1. 1 (b). and), after the words "CSD"
the words "book-entry securities (hereinafter referred to as" Central
the depositary ")".
13. in Section 12d of the paragraph. 7, § 14a para. 3, § 16 para. 1, § 25 para. 4, § 33
paragraph. 5, § 47 para. 3, § 50 para. 2 and 3, § 60 para. 1 (b). (b)), § 93
paragraph. 5, § 109 paragraph. 5, § 120 paragraph 1. 3 the second sentence of section 128 paragraph 1,. 2 (a).
(b)) § 139 paragraph 2. 4, § 157 paragraph. 7 (b). (b)), section 162 para. 6 (a). g), §
198a para. 1 introductory provisions of section and section 198a para. 2, the words
"in a way allowing remote access" shall be replaced by the words "on their
the website ".
14. in paragraph 15 d of paragraph 1. 1 (b). (f)) (2) the word "opatrovatele" is deleted.
15. In paragraph 15 d of paragraph 1. 1 (b). g), the words "the obligation relationship" are replaced by
the word "commitment".
16. in paragraph 15 d of paragraph 1. 3, the word "the" is replaced by "requirements".
17. in section 15e (b). (b) point 1), the words "the information medium way
allowing remote access "shall be replaced by the words" website ".
18. in section 15e (b). (b) paragraph 1, §) 36 h of paragraph 1. 5 of the introductory part of the provisions, and in
§ 196 paragraph. 2 the words "in a manner allowing remote access" are replaced by
the words "on the Internet site".
19. in section 15f (b). (d)), the words "Internet address" shall be replaced by
"Web address".
20. in section 15s para. 1 the words "organizational unit" shall be replaced by
"a branch of the business establishment (hereinafter referred to as" branch ")".
21. in section 15 para. 5, the words "organizational" shall be replaced by
"branch".
22. In article 16(1). 3 (b). (h)), § 90 para. 4 and in section 124 para. 6 (a). (c))
the word "commitment" shall be replaced by the word "debt".
23. in section 18 para. 2, § 44 para. 2, § 84 paragraph. 1 (b). (e)), section 93 para. 2
(a). (c)), section 128 paragraph 1. 1, § 130 paragraph 1. 1 (b). section 130), para. 2 (a).
and), § 134 para. 2, § 145 paragraph. 3 and in § 202 of paragraph 1. 5, the word "commitments"
replaced by the word "debts".
24. in section 18 para. 2, § 34 paragraph 1. 4 (b). I), § 36 odst. 1, § 36a para. 1
(a). (b)) § 44 section 1, para. 2, § 51 para. 2, § 60 para. 2, § 85 para. 2
(a). (d)), § 88 para. 2 (a). (b)) § 100 para. 3 (b). (e)), para. 145. § 3
and in § 193 para. 1 (b). (c)), the word "liabilities" is replaced by the word "debt".
25. in section 17(2). 2 the word "seems" shall be replaced by
"the commitment" and the word "situation" shall be replaced by the word "Treaty".
26. in the title of part two, title II, part 4, title of section 20, the title of § 46 and
in the title of § 107, the words "the rent enterprise" shall be replaced by the words "the leasing
the business establishment ".
27. in section 20 (2). 1 and 2, § 46 para. 1 and 2, § 107 para. 1 to 3 of section 107a
paragraph. 2 and in § 151 paragraph 1. 1 (b). I), the word "business" is replaced by
"business establishment".
28. in section 20 (2). 1 and 2, § 46 para. 1 and 2, and in section 107 para. 1 to 3
the word "lease" shall be replaced by "farming".
29. in section 21 para. 1 the words "business folder of your enterprise (hereinafter referred to as
"the branch") "shall be replaced by the word" branch "and the words" place of
business "shall be replaced by the word" established ".
30. in paragraph 21 of the paragraph. 1 the second sentence, § 21, art. 2 (a). c) to (e)), § 21 para.
3 and 5, § 22 para. 1, § 22a para. 1, the title of § 24, § 24 para. 1 introductory
under the provisions of § 24 para. 2, § 24 para. 5 (b). a) and b), § 24 para.
6, § 24a para. paragraph 2, section 24a. 3 (b). (b)), section 24a of para. 4 to 7, section 24b
paragraph. 1 to 5, the title of § 25, § 25 para. 1 and 2, § 25a, § 26 para. 4 (b).
and section 27 (b)). and), section 28 para. 1, § 28 para. 2 of the introductory part of the provisions,
§ 28 para. 2 (a). (f)), g) and (i)), § 28 para. 3 to 6, § 28 para. 7 welcome
under the provisions of section 28, paragraph 1(a). 7 (b). (c)), section 32a para. 2 (a). (c)), § 32b
paragraph. 5 (b). and), § 116, § 135 para. 1 (b). (c)), § 146 paragraph. 1, 2, and 4,
§ 147 paragraph. 2, section 152a, para. 4 of the introductory part of the provisions of, section 152a, para. 5,
§ 152c para. 3 (b). (c)), § 157 paragraph. 1 introductory part the provisions of § 157
paragraph. 2 of the introductory part of the provisions of § 157 paragraph. 3, 4, 10, 12 and 13 and section
paragraph 166. 1 (b). (b)), the words "organizational unit" shall be replaced by
"the branch".
31. in section 21 para. 2 (a). § 24a), para. 1 and 2, section 24a of para. 3 (b). and)
and in § 28 para. 5, the words "organizational unit" shall be replaced by
"branch".
32. In section 21 para. 6, § 24a para. paragraph 2, section 24a. 3 of the introductory part
the provisions of section 24b, paragraph 2. 1 and § 157 paragraph. 9 (a). (c)), the words
"organizational unit" shall be replaced by the word "branch".
33. In section 24a of para. 1 and in the second the title of title IV, the words
"Organizational unit" shall be replaced by the word "Branch".
34. In § 28 para. 2 (a). (e)) and l) and in section 29 para. 1 (b). (b)) (4)
the word "organization" shall be replaced by "branch".
35. In section 30 paragraph 2. 1 and in section 32a para. 4 the second sentence, the words "the statutory
authority ' shall be replaced by the words "on behalf of the governing body" and the words
"using employees ' shall be replaced by the word" employee ".
36. In § 30 paragraph 2. 2, after the word "person," the words "on behalf"
and the words "with the employees" shall be replaced by the word "employee".
37. In § 32 para. 6 the third sentence, the words "the obligation relationship Records"
replaced by the words "the contents of the Records of the commitment" and the words "the duration of the contract
the relation "is replaced by" contract ".
38. In section 32a para. 4 the first sentence, the words "with the employees" shall be replaced by
the words "on behalf of the employee".
39. In paragraph section 32a. 5, the second and third sentence shall be deleted.
40. in section 32a is inserted after paragraph 5 a new paragraph 6 is added:
"(6) are the principal to replace the damage caused in the performance of representative-
the activities referred to in paragraph 1 as well as if it caused itself. ".
Paragraphs 6 and 7 are renumbered as paragraphs 7 and 8.
41. In Section 32b of the paragraph. 2 (a). (c)), the words ", the residence or place of business"
replaced by the words "or residence".
42. In section 32 c of paragraph 1. 5, the word "information" is replaced by "data".
43. In section 32 c of paragraph 1. 6 (a). (d)), § 32d and section 167 paragraph. 2, the words
"contractual relationship" is replaced by "contractual obligation".
44. In § 33 para. 6 and § 33 para. 8 (a). and), the word "documentary"
repealed.
45. In § 33 para. 7, the words "certificated securities denominated" are replaced by
the words "securities".
46. In § 33 para. 8 (a). (b)), the words "under the law governing negotiable
the papers ' are deleted.
47. In section 34 para. 2 (a). (c)), the word "emit" shall be replaced by
"the issue".
48. In § 34 paragraph 1. 2 (a). (d)), the word "issued" shall be replaced by
the "issued by".
49. In section 34 para. 4 (b). and the introductory part of a provision) of § 34 paragraph 1. 4 (b).
(d)), section 34 para. 4 (b). (e)) the introductory part of the provisions of § 34 paragraph 1. 4 (b).
(f)) the introductory part of the provisions of § 34 paragraph 1 and. 4 (b). I), the word
"currency" shall be replaced by "issued".
50. in § 34 paragraph 1. 4 (b). I) and section 36i para. 3, the word "emitted"
replaced by the word "published".
51. In section 34 para. 4 (b). (h)), the words "a different kind of real estate" is replaced by
the word "House".
52. In § 36 odst. 1 (b). (b)), the words "acceptance of the purchase or subscription"
replaced by the words "purchase or subscription".
53. In section 36e (b). (c)), the term "offeror" shall be replaced by
"applicant".
54. In section 36 h of paragraph 1. 3 and § 36 k of paragraph 1. 3 the words "offeror"
shall be replaced by "offering".
55. In section 36 h of paragraph 1. 5 provisions of the introductory part, the words "its Internet
address "shall be replaced by" their website ".
56. In section 36 h of paragraph 1. 5 letter a) is added:
") website easily accessible to the public, in order to
You can easily find in the usual way and that the content of the Internet
the site was provided free of charge, by the issuer ".
57. In § 57 para. 2 (a). (e)), the word "subscribed" is deleted.
58. In § 60 para. 2 the words "relating to the procedure for making decisions
of the issuer on the disposal of securities from trading on
regulated market "is replaced by" governing legal relations
commercial companies and cooperatives "and the words" governing the procedure for
the issuer's decision about disposal of securities of the
trading on a regulated market ' shall be replaced by "the adaptation of the legal
ratios of commercial companies and cooperatives ".
59. In article 65 paragraph 1. 1 (b). n), the words "one form" are replaced by the words
"as the securities, or as book-entry securities '.
60. In § 68 para. 2 the term "information" is replaced by "data" and
the word "information" is replaced by the word "data".
61. In § 68 para. 3, the word "information" is replaced by "data" and
the word "Information" is replaced by "communications".
62. In § 69 para. 5, the word "information" is replaced by "data".
63. In section 70 para. 1, the words "its jurisdiction" shall be replaced by the words "its
the rights of "and the words" about the scope of "shall be replaced by the words" the rights ".
64. In § 85 para. 2 (a). (b)), the words "or place of business ' are deleted.
65. In § 86 para. 2 the words "in a manner allowing remote access"
replaced by the words "on the website of the operator".
66. In paragraph 90c paragraph. 1 (b). a), the words "place of business" shall be deleted.
67. In paragraph 90e, in the introductory part of the provisions of § 90f, § 90 g of paragraph 1. 3 and section 135
paragraph. 1 (b). l) the words "or place of business ' are deleted.
68. In section (a) 90e. (b)), the words "or the place of business ' are deleted.
69. In the eighth part 1 title I title: "introductory provisions".
70. section 91:
"§ 91
Book-entry securities is kept in the central register of dematerialized
securities, unless otherwise provided by this Act or other legislation
otherwise. ".
71. In paragraph 92, the dot at the end of paragraph 1 shall be replaced by "a" and
the following point (c)), which read as follows:
"(c)) book-entry securities held in the records of the Ministry by
the law governing the budgetary rules. ".
72. In the title of § 92 after the word "evidence" is inserted after "book-entry".
73. In § 92 para. 1 introductory part of the provisions for the word "records"
inserted the word "book-entry".
74. In § 92 para. 2, after the words "central register" shall be replaced
"book-entry".
75. In section 93 para. 5, the words "in the journal of the Czech National Bank and"
shall be deleted.
76. In article 94, paragraph 1 is deleted.
Paragraphs 2 to 10 shall be renumbered as paragraphs 1 to 9.
77. In paragraph 94, paragraphs 2 and 3 shall be deleted.
Paragraphs 4 to 9, shall be renumbered as paragraphs 2 to 7.
78. In § 94 paragraph. 6, after the words "central register" shall be replaced
"book-entry", "2" is replaced by the number "1" and the fourth is
repealed.
79. In § 95 para. 1, the words "paragraph. 3 "shall be replaced by" paragraph. 4. "
80. in § 99 paragraph 1 the following paragraph 2 is added:
"(2) a person who keeps records of dematerialized investment tools,
the pledgee shall issue on request of extract from the register. In this
the statement shall indicate the dematerialized investment tools of the mortgage in favour of the
mortgage lender led by the account owner and any other lien
law on investment instruments, slow-moving, including the order of liens.
If the statement issued by the participant of the CSD and the participant is
at the same time pledged by the debtor or the Pledger of dematerialized investment
tools in the dump, the pledgee may demand that the Central
confirmation of the correctness of the statement to the depositary and the central depository is obliged to
it without undue delay. ".
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
81. under the eighth title of title II, the word "depositary" shall be replaced
"book-entry".
82. In § 100 para. 4 first sentence and section 128 paragraph 1. 8 of the introductory part
provisions, the words "responsible for" is replaced by "replace".
83. In § 100 para. 4 the second sentence, the words "for the damage" shall be replaced by
"Damage" and the word "matches" is replaced by "replace".
84. In § 101 paragraph. 4, section 128 paragraph 1. 5 and § 139 paragraph 2. 5 and 6, the word
"Board of Directors" is replaced by "statutory authority".
85. In § 104 paragraph. 3, the words "in a manner allowing remote access"
replaced by the words "on the website of the CSD".
86. In § 104 paragraph. 5, before the words "securities" shall be replaced
"book-entry".
87. In § ▼M4 2 the words "things, rights and other assets,
that "shall be replaced by" assets ".
88. In paragraph 109, paragraphs 8 and 9 are deleted.
89. under the eighth title III, including the title.
Title IV becomes title III.
90. in § 118 paragraph. 4 (b). (c)), f) and (g)), the words "supervisory body"
replaced by the words "Supervisory Board".
91. In § 118 paragraph. 4 (b). (d)), the words "commercial code" shall be replaced by
the words "the law governing the legal relations of the companies and
cooperatives ".
92. In § 118 paragraph. 5 letter h) is added:
"h) special statutory authority or the Management Board in accordance with
the law governing legal relations of commercial companies and cooperatives ".
93. In section 119 paragraph 1. 3, the word "commitments" shall be replaced by the word "debt".
94. Under section 119b of paragraph 1. 3, the word "loan" shall be replaced by "borrow".
95. In § 120 paragraph 1. 4 and in section 120a para. 1 (b). (b) point (2), the words)
"in a way allowing remote access" be replaced by "
the website of the issuer ".
96. In section 120a para. 1 introductory part of the provisions, the words "commercial
Code "shall be replaced by" the law governing the legal relations
commercial companies and cooperatives ".
97. In paragraph 120a para. 1 (b). (b)) and in point 2 of section 120a para. 1 (b). (d))
the words "Internet address" shall be replaced by the words "website" and
the word "it" is replaced by "them".
98. In section 128 paragraph 1. 8 (a). a), the words "deliberate action" shall be replaced by
the word "intention".
99. In paragraph 130 paragraph 1. 4 (b). (c)) (4) the reference to the footnote.
16 repealed.
100. In paragraph 131, paragraph 2 reads as follows:
"(2) the right of the customer to the payment of compensation from the guarantee fund shall be barred
no later than 5 years after the date on which the publication of facts
referred to in section 130 paragraph 1. 2. If the customer within this period signed up your
entitled to compensation pursuant to § 130 paragraph 1. 2 (a). (b)), this period ends
less than 3 months from the date of receipt of the application the guarantee fund ".
101. In § 142 paragraph 2. 3, the word "Board" shall be replaced by
the "statutory authority".
102. In § 157 paragraph. 2 (a). d) footnote 23 reads as follows:
"23) section 1843 of the civil code.".
103. In § 157 paragraph. 10, the word "loan" shall be replaced by the word "lease".
104. In § 193 para. 1 (b). (c)), the word "commitment" is replaced by
"debt".
105. section 194 is repealed.
PART OF THE FIFTY-FOURTH
Amendment of the Act on the European economic interest grouping
Article. LXIII
Act No. 360/2004 Coll., on the European economic interest grouping
(EEIG) and on the amendment of Act No. 513/1991 Coll., the commercial code, as amended by
amended, and Act No. 586/1992 Coll., on income tax, in the
as amended, (law on European economic interest
the Association), as amended by Act No. 296/2007 Coll. and Act No. 513/91 Coll.,
be amended as follows:
1. In article 1 (1). 1 the words "governing commercial companies ^ 2), and in accordance with
the provisions of the special legal regulation governing the legal relations
a public company, ^ 3) "is replaced by" governing legal
ratios of commercial companies and cooperatives, and according to the provisions
governing the legal relations of public companies ".
Footnote # 2 and 3 are deleted.
2. In article 1 (1). 2, the second sentence is replaced by the phrase "to sign the Treaty on the
the Association and its changes, the provisions of the law governing legal relations
commercial companies and cooperatives of the official signature verification
not apply. ".
Footnote 4 is repealed, and including a link to the note under
line.
3. In article 3, paragraph 3. 1, the words "specific legislation on business
Register and in cases concerning commercial register "shall be replaced by
"the law governing public registers".
Footnote # 7 and 8 are deleted, including links to notes
below the line.
4. In article 3, paragraph 3. 3, the word "business" is replaced by "commercial
the race ".
5. Footnote 6 is added:
"6) Law No 304/2013 Coll. on public registers of legal entities and
natural persons. ".
6. in paragraph 7, the word "commitments" shall be replaced by "debt".
7. In § 8 para. 1 the term "natural" is deleted, and the words "special
Law ^ 10) "shall be replaced by the words" the law governing the legal
ratios of commercial companies and cooperatives ^ 10). "
Footnote # 10 reads as follows:
"10) Act No. 90/2009 Coll., on commercial companies and cooperatives
(law on commercial corporations). ".
8. In section 8, paragraph 2 shall be deleted.
The former paragraph 3 shall become paragraph 2.
9. footnote No 11 is deleted, including a link to the note
below the line.
10. In paragraph 11, the words "commercial market share, according to a special legal
prescription ^ 13), "are replaced by the words" share of the limited company
restricted under the law governing legal relations of business companies
and cooperatives ^ 10) and the civil code ".
Footnote 13 is repealed.
11. The footnote No 14 and 15 are deleted, including links to
the footnote.
PART OF THE FIFTY-FIFTH
Amendment to the Employment Act
Article. LXIV ...
Act No. 435/2004 Coll., on employment, as amended by law No 168/2005
Coll., Act No. 202/2005 Coll., Act No. 251/2005 Coll., Act No. 350/2005
Coll., Act No. 382/2005 Coll., Act No. 413/2005 Coll., Act No. 428/2005
Coll., Act No 444/2005 Coll., Act No. 495/2005 Coll., Act No. 109/2006
Coll., Act No. 112/2006 Coll., Act No. 115/2006 Coll., Act No. 161/2006
Coll., Act No. 165/2006 Coll., Act No. 216/2006 Coll., Act No. 264/2006
Coll., Act No. 160/2007 Coll., Act No. 181/2007 Coll., Act No. 213/2007
Coll., Act No. 261/2007 Coll., Act No. 362/2007 Coll., Act No. 379/2007
Coll., Act No. 57/2008 Coll., Act No. 124/2008 Coll., Act No. 129/2008
Coll., Act No. 306/2008 Coll., Act No. 382/2008 Coll., Act No. 479/2008
Coll., Act No. 158/2009 Coll., Act No. 223/2009 Coll., Act No. 227/2009
Coll., Act No. 281/2009 Coll., Act No. 326/2009 Coll., Act No. 362/2009
Coll., Act No. 149/2010 Coll., Act No. 347/2010 Coll., Act No. 427/2010
Coll., Act No. 73/2011 Coll., Act No. 364/2007 Coll., Act No. 365/2011
Coll., Act No. 367/2007 Coll., Act No. 375/2007 Coll., Act No. 420/2011
Coll., Act No. 458/2011 Coll., Act No. 470/2011 Coll., Act No. 1/2012
Coll., Act No. 401/2009 Coll., Constitutional Court declared under no.
437/2012 Coll. and Act No. 505/2012 Coll., is amended as follows:
1. In § 25 para. 1 (b). (d)), after the words "Board of Directors", the words
"or the management board or statutory Director."
2. In § 25 para. 1 (b). q) with the word "or" is deleted.
3. In paragraph 25, the dot at the end of paragraph 1 shall be replaced by "or", and
the following letter s) is added:
"with the natural person responsible) business management that this activity
exercises for pay outside the employment relationship and its monthly or
the average monthly remuneration, together with any earnings (remuneration) by
paragraph 3 exceeds half the minimum wage. ".
4. in section 60 paragraph. 2 and 3, the words "capacity to act" are replaced by
the word "legal capacity".
5. In § 121 paragraph 2. 4 (b). and), after the words "legal representative"
the words "or guardian".
6. In § 122 para. 1, after the words "legal representative" the words
"or guardian".
7. in section 147c paragraph. 3 letter i) reads as follows:
"i) limitation of incapacitation,".
8. In section 147c paragraph. 3 (b). (j)), after the words "legal representative"
the words "or guardian" and after the words "legal representative" shall be inserted after
the words "or guardian".
9. in section 147c paragraph. 4 the letter j) is added:
"j) limitation of incapacitation,".
10. In section 147c paragraph. 4 (b). n), the words "legal representative"
the words "or guardian" and after the words "legal representative" shall be inserted after
the words "or guardian".
PART LVI
Amendment to the law on Archives and records service
Article. LXV
Law No. 499/2004 Coll. on Archives and records service and amending
certain acts, as amended by law no 413/2005 Coll., Act No. 444/2005
Coll., Act No. 112/2006 Coll., Act No. 181/2007 Coll., Act No. 296/2007
Coll., Act No. 32/2008 Coll., Act No. 190/2009 Coll., Act No. 227/2009
Coll., Act No. 424/2010 Coll., Act No. 513/91 Coll. and Act No. 167/2012
Coll., is amended as follows:
1. In article 3, paragraph 3. 2 (a). (b)), the words "civil unions" shall be replaced by
"clubs".
2. In article 3, paragraph 3. 2 (a). (b)), after the words "endowment funds" is inserted after the word ",
the Constitution ".
3. § 46 para. 1 (b). (c)), the words "civil association" shall be replaced by
the word "associations" and the words "foundations and endowment funds," shall be inserted after the word
"the institutes".
4. In § 49 paragraph 1. 1 (b). (c)), the words "civil association" shall be replaced by
the word "associations" and the words "foundations and endowment funds," shall be inserted after the word
"the institutes".
5. in annex No. 2 in paragraph 2 (a). (g)), and in paragraph 7, the words "civil
the Association "shall be replaced by the word" associations ".
6. in annex No. 2 in paragraph 2 (a). (g)), after the word "associations" is inserted after the word
"the institutes".
PART LVII
Change of administrative procedure
Article. LXVI
Act No. 500/2004 Coll., the administrative code, as amended by law no 413/2005 Coll.
Act No. 384/2008 Coll., Act No. 7/2009 Coll., Act No. 227/2009 Coll., and
Act No. 167/2010 Coll., shall be amended as follows:
1. In article 1 (1). 3 the words "does not apply to civil law, commercial law
and labour law acts carried out by "are replaced by the words" does not apply to legal
the negotiations carried out ".
2. in section 29 para. 1 the words "capacity to act" are replaced by
the word "legal capacity".
3. section 29 para. 2 the words "legal proceedings are not a natural person,
that have been deprived by the court competence to perform legal acts; persons whose
the eligibility of legal capacity has been restricted by a court, "shall be replaced by
"A person limited in incapacitation".
4. Footnote 19 to 21 shall be added:
"19) § 30 et seq. of the civil code.
20) § 55 et seq. of the civil code.
21) § 1126 et seq.. of the civil code. ".
5. In § 32 para. 4, after the second sentence, the following sentence including notes
footnote No. 43: "the Party that in anticipation of their own
the incapacity of the legal act has shown the will to make a person become
his guardian, shall designate the administrative authority of the guardian with her
the consent of the person identified as a guardian in the preliminary statement ^ 43).
43) section 38 et seq. of the civil code. ".
6. In article 36, paragraph 3, the following paragraph 4, including
footnote # 44:
"(4) the participant has in negotiations with the Administration the right to consultation with
a person who according to the civil code as a proponent of ^ 44)
to assist in decision-making; If such people more, they choose the participant
one of them. Has lapsed in the course of the proceedings the participant's own supporters
on behalf of the invalidity of legal acts by the supported party to,
the administrative organ of this claim in the proceedings into account.
44) § 45 et seq.. of the civil code. ".
The current paragraph 4 shall become paragraph 5.
7. § 36 odst. 5, the words "or his representative" are replaced by the words ",
his representative or proponent ^ 44) ".
8. In paragraph 38, at the end of the text of paragraph 1, the following sentence "if not a participant
represented, together with the participant access to the file and its
the proponent ^ 44). ".
9. In paragraph 49, the following paragraph 5 is added:
"(5) and questioned the proponent may participate in ^ 44) participant.".
10. In section 94 para. 2 the words "civil, obchodněprávnímu or
the Employment Act "are replaced by" legal act ".
11. in section 113 para. 1 the words "(§ 122 para. 2 sentence third) "are deleted.
12. In article 122, paragraph 2 shall be deleted.
The former paragraph 3 shall become paragraph 2.
Footnote # 34 is repealed, and including a link to the note under
line.
13. In article 159 para. 1, the word "legal" is deleted.
14. in paragraph 170, the words "unless otherwise provided by this Act" shall be replaced by
"if it does not exclude the nature and purpose of public contracts" and the words "and
unenforceability of legal acts, the provisions on withdrawal from the Treaty,
the provisions on the change in the person of the debtor or the creditor, unless the legal
succession, and netting provisions "shall be replaced by" legal
negotiations and relative inefficiency, the provisions on the withdrawal, and
the severance pay, the provisions on the change in the person of the debtor or the creditor, unless
on the legal succession, provisions on the assignment of the contract and of the order and
netting provisions ".
PART OF THE FIFTY-EIGHTH
Changing the law on European companies
Article. LXVII
Act No. 627/2004 Coll., on European society, as amended by Act No.
264/2006 Coll., Act No. 296/2007 Coll., Act No. 126/2008 Coll., Act No.
215/2009 Coll., Act No. 227/2009 Coll. and Act No. 355/2006, is amended
as follows:
1. In section 4, paragraphs 2 and 3 shall be deleted and shall be deleted at the same time marking
of paragraph 1.
2. In paragraph 6, the words "the Board shall" shall be replaced by the "statutory
the Director must "and the words" of the commercial code concerning the abolition of the company "
replaced by the words "of the Civil Code concerning the abolition of the legal person".
Footnote # 5 reads as follows:
"5) civil code.".
3. in paragraph 7, footnote No. 6 be deleted, including a link to
footnote.
4. In section 8 paragraph 1. 1, the words "of the commercial code of all legal
persons "shall be replaced by the words" the law governing the trade register on
limited liability companies ".
Footnote 7 is added:
"7) Law No 304/2013 Coll. on public registers of legal entities and
natural persons. ".
5. In article 8, paragraph 2 shall be deleted.
The former paragraph 3 shall become paragraph 2.
Footnote 8 is deleted.
6. in paragraph 10, the words "in accordance with the commercial code" shall be replaced by the words "in
The business journal ".
7. In paragraph 11, the words "of the Administrative Council of the European companies are obliged to"
replaced by the words "the statutory Manager of European society are obliged to".
8. in section 17(2). 1, the words "determine a fair share exchange ratio of shares
button is clicked. the amount of the fees "shall be replaced by" top-up ".
9. in section 17(2). 3, the words "with the fact that a notarial deed on the decision of the General
meeting which approves the draft terms of merger shall include the names of the shareholders,
who voted against approval of merger "shall be deleted.
10. in paragraph § 18a. 2 of the introductory part of the provisions, the word "United" is deleted.
11. in section 21 para. 2, the words "with the fact that the acquiring company will
means holding the European company and the notarial deed of the decision
the general meeting pursuant to article. 32 para. 6 Council regulation must contain the names of the
shareholders who voted against this decision ' shall be deleted.
12. In paragraph 24, the words "commercial code" shall be replaced by the words "by the law
governing the legal relations of the trading companies and cooperatives ".
Footnote 13 is repealed, and including a link to the note under
line.
13. section 26 is added:
"section 26
The Management Board of the European companies must have at least 3 members. The statutes of the
Specifies the number of members of the Management Board, which shall not exceed 12 members. ".
14. section 27 to 32, 35 to 40 and 42, including the headings are deleted.
15. In § 43 para. 1 the words "commercial code" shall be replaced by
"the law governing the legal relations of the trading companies and cooperatives".
16. in paragraph 44, the words "commercial code" is replaced by "law
governing the legal relations of the trading companies and cooperatives ".
17. § 46 para. 1 the term "undertaking" is replaced by "commercial
the race ".
18. in § 46 para. 2 the third sentence, the word "business" is replaced by
"the business establishment (hereinafter referred to as" the race ")".
19. in § 47 para. 1, 3 and 4, § 48 para. 1, 2, 5, 7 to 10, § 49 para. 1, §
50 para. 5, § 51 para. 1 and 2, § 55 para. 4, section 59 paragraph 1. 1 in § 61 para.
3 and § 62 para. 1 the term "undertaking" shall be replaced by the word "plant".
20. In § 50 para. 2 and 3, the words "commercial code" shall be replaced by
"the law governing the legal relations of the trading companies and cooperatives".
21. in § 53 para. 7, the words "in the public limited liability companies by sales
Code "shall be replaced by" through direct elections of employees or
employees ' representatives as members of the supervisory or management board ".
22. In article 64, paragraphs 5 and 6 shall be deleted.
23. in paragraph 64, the following new section 64a and 64b are added:
"§ 64a
(1) the right to elect the representatives of the employees of the European companies, who are
employed in the Czech Republic, in the administrative or Supervisory Board of the European
the company, regardless of in which Member State of the European
the company registered office, have only the employees who are in the
employment in the Czech Republic, and it directly or, if this is provided
the electoral procedure, through an electoral college. The indirect election of may electoral regulations
accept only if he has the right to vote of the representative of the employees of the European
companies in the Czech Republic more than one thousand employees and
If the constituencies laid down so that each candidate will be optional
approximately the same number of voters. As a representative of employees can be
chosen only a natural person that is in European society, in its
organizational folder or in its subsidiaries in the
employment in the Czech Republic or is a representative or a member of the representative
such employees under special legislation.
(2) the election of a member of the administrative or Supervisory Board of a European company elected
employees of the Board or Board of Directors, organised by the European
the company, the head of the branch of its factory on the territory of the United
States or the statutory authority of the subsidiaries (hereinafter referred to as
"the competent authority") after consultation with the trade union organisations, where appropriate, by the Council
employees at the company, its organizational folder
the race in the Czech Republic or in the subsidiary companies operate
(hereinafter referred to as "trade unions"), so that they can participate in what
the highest number of voters. If there is no discussion within two months after
the competent authority shall submit a draft Trade Union Organization of the elections,
the competent authority of the Organization of the elections. When choosing
Electoral College shall apply mutatis mutandis.
(3) member of the Board or Supervisory Board of a European company selected
employees or voliteli may be employees or voliteli.
(4) a proposal for election or revocation of the Member of the administrative or supervisory board
the European company is entitled to a competent authority, Trade Union
organization or at least 10% of the employees. Electoral regulations for
election and dismissal of the members of the administrative or Supervisory Board of a European company
the staff prepares and approval by the competent authority, after consultation with the
the trade unions. If it is not, the electoral regulations shall prepare and approve
the competent authority, after consultation with the staff.
(5) the validity of the election or revocation of the Member of the administrative or supervisory board
European society elected by employees in the Czech Republic
requires that the vote was secret, and took part in the election to at least
half of the eligible voters or elected electoral college. Elected is the candidate
with the highest number of the votes cast, unless the electoral regulations for the
the election of most of the other. For revocation of employee representatives is required
by an absolute majority of the votes of eligible employees or an electoral college
unless otherwise provided in most of the other electoral regulations.
section 64b
(1) if the election under section 64a employees more involved
company or organizational components of the plant, the choice of reasonably
the provisions of § 55 para. 4.
(2) the provisions of § 64a and paragraph 1 shall not apply if the legislation
in the Member State in which the European company registered office,
eliminates the use of Czech law.
(3) unless otherwise provided by law, the members of the administrative or supervisory board
European companies, who were to be appointed, elected or function
recommended by staff of the European companies or their representatives, the same
rights and obligations as the members of these authorities elected or appointed
by the General Assembly. ".
24. In article 65 paragraph 1. 2 the word "United" is deleted.
Article. LXVIII
Transitional provision
The European company with the monistickým system adapts its statutes
Act No. 627/2004 Coll., in the version in force from the date of entry into force of
This Act, and Act No. 90/2009 Coll., on commercial companies and
cooperatives (law on commercial corporations) as regards the requirements on the
the one-tier system, within 6 months from the date of entry into force of this Act.
At the same time proposing the implementation of changes to the registration in the commercial register and
stores the full text of the articles of Association to the collection of documents. If it fails, commercial
the Court is to invite and provides an additional reasonable time limit indicated in the invitation to the
to fulfill this obligation; If additional time in vain, on a proposal from the Court of
the registration court or person on a legitimate interest,
cancels a European company and ordering its liquidation.
PART OF THE FIFTY-NINTH
Amendment of the Act on electronic communications
Article. LXIX
Act No. 127/2005 Coll., on electronic communications and amending
some related laws (Act on electronic communications),
as amended by law no 290/2005 Coll., Act No. 361/2005 Coll., Act No.
186/2006 Coll., Act No. 235/2006 Coll., Act No. 309/2006 Coll., Act No.
110/2007 Coll., Act No. 261/2007 Coll., Act No. 304/2007 Coll., Act No.
124/2008 Coll., Act No. 177/2008 Coll., Act No. 189/2008 Coll., Act No.
247/2008 Coll., Act No. 384/2008 Coll., Act No. 227/2009 Coll., Act No.
281/2009 Coll., Act No. 153/2010 Coll., Constitutional Court
the declared under no 94/2007 Coll., Act No. 137/2007 Coll., Act No.
341/2010 Coll., Act No. 375/2007 Coll., Act No 420/2007 Coll., Act No.
457/2011 Coll., Act No. 458/2011 Coll., Act No. 468/2011 Coll., Act No.
18/2012 Coll., Act No. 19/2009 Coll., Act No. 142/2009 Coll., Act No.
167/2012 Coll., Act No. 273/2012 Coll. and Act No. 214/2013 Coll., is amended
as follows:
1. In § 104 paragraph. 7 "and 12" shall be replaced by "13".
2. In § 104 paragraph 9 insert a new paragraph 10, including
footnote # 64:
"(10) the network of electronic communications (including poles, overhead and
underground communication lines and their backing and vytyčovacích points)
It is not part of the land within the meaning of other legislation ^ 64) and is
the meaning of other legislation ^ 64) considered the engineering network.
64) Law No 513/91 Coll., the civil code. ".
Paragraphs 10 to 16 are renumbered as paragraphs 11 to 17.
PART OF THE SIXTIES
Amendment of the Act on the protection of classified information and security
the eligibility of the
Article. LXX
Act No. 412/2005 Coll., on the protection of classified information and security
eligibility, as amended by Act No 119/2007 Coll., Act No. 177/2007 Coll.
Act No. 296/2007 Coll., Act No. 32/2008 Coll., Act No. 124/2008 Coll.,
Act No. 126/2008 Coll., Act No. 250/2008 Coll., Act No. 41/2009, Coll.,
Act No. 227/2009 Coll., Act No. 281/2009 Coll., Act No. 255/2007 Coll.
Act No 420/2007 Coll., Act No. 458/2007 Coll. and Act No. 167/2012
Coll., is amended as follows:
1. In article 6 (1). 2 letter a) is added:
") is fully enjoys."
2. In article 7 (2). 1 and 3, § 10 para. 2 (a). (b)), § 81 para. 2, § 94 paragraph. 2
(a). (d)) and in section 99 para. 2 (a). e), the words "legal
acts "shall be replaced by" incapacitation ".
3. in the section 18 para. 3 the letter h) the following new subparagraph (i)), which read as follows:
"i) the fact that a statutory or control body of the entrepreneur
or a statutory or control body of the entrepreneur is the
legal person ".
Subparagraph (i))) and (j) shall become letters (j)), and k).
4. In § 52 para. 9, the word "commercial" replaced by "civil".
5. In article 81 paragraph 1. 1, letter a) is added:
") is fully enjoys."
6. In § 95 para. 1 (b). t), the words "to the Association" shall be replaced by "to the
the Association ".
7. in paragraph 2 of section 138a. 2 (a). (f)) and in section 138a of paragraph 1. 3 (b). j), the words
"the deprivation or restriction of legal capacity" are replaced by the words
"limitation of incapacitation".
PART OF THE SIXTIES THE FIRST
Amendment of the Act on social services
Article. LXXI
Law No. 108/2006 Coll., on social services, as amended by Act No.
29/2007 Coll., Act No. 213/2007 Coll., Act No. 261/2007 Coll., Act No.
124/2008 Coll., Act No. 129/2008 Coll., Act No. 274/2008 Coll., Act No.
479/2008 Coll., Act No. 108/2009 Coll., Act No. 207/2009 Coll., Act No.
223/2009 Coll., Act No. 227/2009 Coll., Act No. 347/2010 Coll., Act No.
427/2010 Coll., Act No. 73/2011 Coll., Act No. 364/2011 Coll., Act No.
366/2011 Coll., Act No. 375/2007 Coll., Act No 420/2007 Coll., Act No.
331/2012 Coll., Act No. 384/2012 Coll., Act No. 401/2012 Coll. and act
No 45/2013 Coll., is amended as follows:
1. in section 19 para. 2 (a). and), after the words "legal representative"
the words "or guardian".
2. in paragraph 2 of article 23. 3, after the words "legal guardian", the words "or
guardian ".
3. in section 30 paragraph 2. 5 letter h) is added:
"h) restriction of incapacitation".
4. in section 30 paragraph 2. 5 (b). I) and in section 30 paragraph 2. 6 (a). l) after the words
"legal guardian", the words "or guardian" and the words
"legal representative" with the words "or guardian".
5. in section 30 paragraph 2. 6 letter i) reads as follows:
"i) limitation of incapacitation,".
6. § 48 para. 4 (b). (c)), after the words "legal representatives"
the words "or guardian" and after the words "legal representatives" shall be inserted after
the words "or with a guardian".
7. In paragraph 88 (b). (f)), after the words "legal representatives" the words
"or guardians".
8. In § 89 paragraph 1. 5, after the words "legal guardian", the words "or
guardian ".
9. In § 89 paragraph 1. 6 the final part of the provision, the words "lawful
the representatives of "the words" or guardian ".
10. In section 91 paragraph 2. 6, after the words "legal representative" the words
"or guardian".
11. In article 110 paragraph 2. 1, and in article 116 paragraph 1. 2 the words "the right to take legal
acts "shall be replaced by" full legal capacity ".
THE SECOND PART OF THE SIXTIES
Amendment of the Act on the subsistence minimum
Article. LXXII
In § 4 of the law No 110/2006 Coll., on life and the subsistence minimum, as amended by
Act No. 261/2007 Coll., Act No. 129/2008 Coll., Act No. 239/2008 Sb.
and Act No 366/2006, paragraph 4, including the footnote # 5 to
11 is added:
"(4) for the parents, for the purposes of this Act, the person shall
It was a minor dependent child entrusted to substitute care
the parents on the basis of the decision of the competent authority; in this case, it is not
child read together with their parent. For the decision of the competent
authority on child custody, substituting the custody for the purposes of
This Act considers the Court decision on
and) the custody of any other person ^ 5),
(b) the adoption of a child) ^ 6)
(c) the delivery of the child to the care of) the prospective adoptive parent ^ 7),
(d) the delivery of the child to the adoptive parents) care before adoption ^ 8),
(e) appointment of a guardian of natural persons) of the child ^ 9),
f) entrusting the child in foster care and to foster care for a transitional
time ^ 10),
g) conferral of a child in foster care, those interested in předpěstounské
care ^ 11),
(h) the interim measure) child care.
5) of section 953 of the civil code.
6) § 796 of the civil code.
7) § 824 of the civil code.
8) § 826 BGB.
9) § 928 of the civil code.
10 § 958 of the Civil Code).
11) section 963 of the civil code. ".
THE THIRD PART OF THE SIXTIES
Amendment of the Act on assistance in material need
Article. LXXIII
Act No. 111/2006 Coll. on assistance in material need, as amended by Act No.
165/2006 Coll., Act No. 585/2006 Coll., Act No. 261/2007 Coll., Act No.
379/2007 Coll., Act No. 239/2008 Coll., Act No. 259/2008, Coll., Act No.
306/2008 Coll., Act No. 382/2008 Coll., Act No. 479/2008 Coll., Act No.
41/2009 Coll., Act No. 207/2009 Coll., Act No. 227/2009 Coll., Act No.
141/2010 Coll., Act No. 347/2010 Coll., Act No. 427/2010 Coll., Act No.
73/2011 Coll., Act No. 329/2011 Coll., Act No. 364/2011 Coll., Act No.
366/2011 Coll., Act No. 375/2007 Coll., Act No. 458/2007 Coll. and act
No 399/2009 Coll., is amended as follows:
1. In section 8 paragraph 1. 1, the words "paragraph. 5 "shall be replaced by" paragraph. 4. "
2. In article 33, paragraph 2 shall be deleted.
Paragraphs 3 to 8 shall be renumbered as paragraphs 2 to 7.
3. In § 33 para. 4, the words "paragraph 3" shall be replaced by "paragraph 2" and
the words "paragraphs 8" are replaced by the words "paragraph 7".
4. In § 33 para. 5, the words "3 and 8" shall be replaced by "2 and 7".
5. In § 53 para. 3 letter h) is added:
"h) restriction of incapacitation".
6. In § 53 para. 3 (b). I) and in § 53 para. 4 (b). n), the words
"legal guardian", the words "or guardian" and the words
"legal representative" with the words "or guardian".
7. In § 53 para. 3 (b). (j)) and in § 53 para. 4 (b). k), the words "of the
the absence of marriage "are replaced by the words" that the marriage is not. "
8. In § 53 para. 4 the letter i) reads as follows:
"i) limitation of incapacitation,".
9. In § 55 para. 4 (b). (c)), after the words "legal representative"
the words "or a guardian".
10. in section 70 para. 2, after the words "legal representative" the words "or
the guardian "and the words" legal representative "with the words" or the
guardian ".
THE FOURTH PART OF THE SIXTIES
Amendment of the Act on public procurement
Article. LXXIV
Act No. 137/2006 Coll., on public procurement, as amended by Act No.
110/2007 Coll., Act No. 296/2007 Coll., Act No. 76/2008 Coll., Act No.
124/2008 Coll., Act No. 41/2009 Coll., Act No. 110/2009 Coll., Act No.
228/2009 Coll., Act No. 281/2009 Coll., Act No. 417/2009 Coll., Act No.
179/2010 Coll., Act No. 423/2010 Coll., Act No. 73/2007 Coll., Act No.
258/2007 Coll., Act No. 367/2007 Coll., Act No 420/2007 Coll., Act No.
458/2011 Coll., Act No. 1/2009 Coll., Act No. 55/2010 Coll. and Act No.
167/2012 Coll., is amended as follows:
1. In section 8 paragraph 1. 1 the words "the hire of goods" shall be replaced by the words "lease or
leasing of goods "and the words" the hire of goods with the subsequent purchase of the law "
replaced by the words "lease or tenancy with the right of the subsequent purchase of goods".
2. in section 18 para. 1 (b). (d)), the words "acquisition or lease" shall be replaced by
"the acquisition, rental or leasing", the words "acquisition or lease" shall be replaced by
the words "the acquisition, rental or leasing" and the words "acquisition or hiring"
replaced by the words "of the acquisition, rental or leasing".
3. in the section 18 para. 1 (b). (d)), the words "or non-residential property
space "shall be replaced by" immovable property ".
4. in the section 18 para. 1 (b). g), the words "acquisition or hiring of enterprise" shall be replaced by
the words "of the acquisition, rental or leasing of the race".
5. In section 88 para. 4 (b). (h)), the words "the rent with the right of subsequent goods
purchase "shall be replaced by the words" the rental or lease of the goods with the subsequent purchase of the law "
and the words "goods lease" shall be replaced by the words "the rental or leasing of goods".
6. in annex 1 to the note No. 3, the words "acquisition or rental" are replaced by
the words "acquisition, lease or tenancy" and "real estate" is replaced by
the words "immovable property".
Article. LXXV
Transitional provision
If prior to the date of acquisition of the effectiveness of Act No. 513/91 Coll., the civil
code, opened a procurement procedure is governed by the private rights and obligations
from the contract concluded on the basis of this contract, including the rights and
obligations of the breach of this agreement, the existing laws and regulations,
unless the contracting authority in the specifications determines otherwise. This does not prevent
arrangements between the parties that this their private rights and obligations will be
governed by law No 513/91 Coll., the civil code.
THE FIFTH PART OF THE SIXTIES
Change the concessions Act
Article. LXXVI
Act No. 137/2006 Coll., on concession contracts and concession management
(the concession Act), as amended by law No 30/2008 Coll., Act No. 110/2009
Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll., Act No. 417/2009
Coll. and Act No. 179/2010 Coll., shall be amended as follows:
1. In article 16(1). 6, the word "commercial" replaced by "civil".
2. In § 32 para. 2 (a). (c)), the words "place of business" shall be replaced by
"registered office" and the words "place of business" shall be replaced by the word "headquarters".
Article. LXXVII
Transitional provision
If it was before the date of entry into force of Act No. 513/91 Coll., the civil
code, opened a concession procedure is governed by the private rights and obligations
from the contract concluded on the basis of this concession, including the rights and
obligations of the breach of this agreement, the existing laws and regulations,
unless the contracting authority in the specifications determines otherwise. This does not prevent
arrangements between the parties that this their private rights and obligations will be
governed by law No 513/91 Coll., the civil code.
THE SIXTH PART OF THE SIXTIES
Amendment of the Act on health insurance
Article. LXXVIII
Law No. 187/2006 Coll., on sickness insurance, as amended by Act No.
585/2006 Coll., Act No. 181/2007 Coll., Act No. 261/2007 Coll., Act No.
239/2008 Coll., Act No. 305/2008 Coll., Act No. 306/2008 Coll., Act No.
479/2008 Coll., Act No. 2/2009 Coll., Act No. 41/2009 Coll., Act No.
158/2009 Coll., Act No. 227/2009 Coll., Act No. 302/2009 Coll., Act No.
303/2009 Coll., Act No. 362/2009 Coll., Act No. 157/2010 Coll., Act No.
166/2010 Coll., Act No. 347/2010 Coll., Act No. 73/2007 Coll., Act No.
180/2007 Coll., Act No. 263/2007 Coll., Act No. 341/2010 Coll., Act No.
364/2007 Coll., Act No. 365/2010 Coll., Act No. 375/2007 Coll., Act No.
458/2011 Coll., Act No. 470/2011 Coll., Act No. 1/2009 Coll., Act No.
167/2012 Coll., Act No. 169/2009 Coll., Act No. 396/2012 Coll. and act
No 401/2009 Coll., is amended as follows:
1. In paragraph 3, at the end of the letter u) dot is replaced by a comma and the following
in the letter), which read as follows:
"in the community of natural persons) households that live together permanently and
together and sharing the cost of the her needs. "
2. section 38, including the footnotes # 23 to 28, 75 and 76:
"§ 38
The decision of the competent authority in accordance with § 32 para. 1 (b). (b))
shall be deemed to
and) a court decision on the custody of another person ^ 23),
(b)) a court decision on adoption of a child ^ 24),
(c) the Court's decision on surrender) of the child to the care of the prospective adoptive parent ^ 25),
(d) the Court's decision on surrender) of the child to the care of adoptive parents before
adoption ^ 26),
(e) appointment of a guardian of natural persons) of the child 27) ^ ^
(f) the decision of the Court to grant custody of) child in foster care and to foster
care on a temporary basis ^ 28),
(g) the decision of the Court to grant custody) of a child in care předpěstounské people interested in
foster care ^ 75),
h) Court decision on interim measures concerning child care ^ 76),
I) filing the court case to court on the provisions of the physical
the person to be a guardian of the child, if this person personally takes care of the child and
It does not have the obligation, for a period of time when this
court proceedings.
23) section 953 of the civil code.
24) § 796 of the civil code.
25) § 824 of the civil code.
26) section 826 of the civil code.
27) section 928 of the civil code.
28 958 of the Civil Code).
75) section 963 of the civil code.
76) § 452 Act No. 292/2013 Coll., on special procedures the Court. ".
3. Footnote 29 is repealed, and including a link to the note
below the line.
4. In § 39 para. 2 the second sentence, the word "education ^ 30)" shall be replaced by
"care ^ 30)."
Footnote # 30:
"30) section 907 of the civil code.".
5. in section 40 para. 7 the second sentence, the words "is missing and has been initiated
proceedings for a declaration for a missing spouse presumed dead "are replaced by
the words "If the proceedings for a declaration of spouse for
missing or presumed dead ".
6. In § 112 para. 1 the first sentence, after the words "legal representative"
the words "or guardian".
7. In § 118 paragraph. 3 and 4 letter i) reads as follows:
"i) limitation of incapacitation,".
8. In § 118 paragraph. 3 and 4 letter n) is:
"n) for the adoption of the original and new name or names, last name
the adopted child, the original and new social security number of the adopted child, the date and place of birth
the adopted child, the adoptive parents social security numbers and date of the decision
adoption or decision to cancel the adoption, ".
9. In § 118 paragraph. 3 and 4 are at the end of the letter p) dot is replaced by a comma and
the letter q) is added, as follows:
"q) day, who was in the Court decision about declared missing
listed as a day when the effects of the Declaration of the nezvěstnosti occurred, and the date of
legal force of the Court's decision declared missing. ".
10. In § 118 paragraph. 3 (b). (j)) and in section 118 paragraph. 4 (b). m), the words
"legal guardian", the words "or guardian" and the words
"legal representative" with the words "or guardian".
THE SEVENTH PART OF THE SIXTIES
Amendment of the labour code
Article. LXXIX
Act No. 262/2006 SB., labour code, as amended by Act No. 585/2006 Coll.
Act No. 181/2007 Coll., Act No. 261/2007 Coll., Act No. 296/2007 Coll.
Act No. 362/2007 Coll., Constitutional Court declared under no.
116/2008 Coll., Act No. 121/2008 Coll., Act No. 126/2008 Coll., Act No.
294/2008 Coll., Act No. 305/2008 Coll., Act No. 306/2008 Coll., Act No.
382/2008 Coll., Act No. 286/2009 Coll., Act No. 320/2009 Coll., Act No.
326/2009 Coll., Act No. 347/2010 Coll., Act No. 427/2010 Coll., Act No.
73/2007 Coll., Act No. 180/2007 Coll., Act No. 185/2007 Coll., Act No.
341/2011 Coll., Act No. 364/2007 Coll., Act No. 365/2010 Coll., Act No.
367/2011 Coll., Act No. 375/2007 Coll., Act No. 458/2007 Coll., Act No.
466/2011 Coll., Act No. 167/2012 Coll., Act No. 385/2012 Coll., Act No.
396/2009 Coll., Act No. 399/2012 Coll. and Act No. 154/2013 Coll., is amended
as follows:
1. paragraph 1a is added:
' section 1a
(1) the Sense and purpose of the provisions of this Act are expressed as well as the basic principles
labor relations, notably
and specific legal protection status) of the employee,
b) satisfactory and safe conditions for the performance of the work,
(c)) fair remuneration the employee
(d) proper performance of work by an employee) in accordance with the legitimate interests of the
the employer,
e) equal treatment of workers and the prohibition of discrimination.
(2) the principle of special legal protection status of the employee, the satisfactory
and safe working conditions for the performance of work, equal treatment
workers and the prohibition of discrimination reflect the values that
protects public order. "
2. Section 4a is added:
"§ 4a
(1) the provisions of rights or obligations in labor relations
may be lower or higher than the right or obligation which lay down the
This Act or a collective agreement as at least or at most
permissible.
(2) in accordance with paragraph 1 may lead to divergent adaptation contract, as well as
internal regulation; to modify the obligations of employees, however, may occur only
the contract between employer and employee.
(3) the provisions referred to in § 363 may be departed from only in the
favor of the employee.
(4) if the employee gives up the right to him by this Act, the collective
agreement or internal regulations provides, to disregard it. ".
3. § 4b shall be deleted.
4. In article 5, paragraph 3, including footnote No 3 be deleted.
5. paragraph 6 is added:
"section 6
An employee is an individual who is committed to dependent employment
in the basic employment relationship. ".
6. section 7 reads as follows:
"section 7 of the
The employer is the person for which the natural person committed to performance
dependent work in basic employment relationship. ".
7. Article 10 is deleted.
8. under the first heading of title V shall read: "CERTAIN PROVISIONS relating to the
The NEGOTIATIONS ".
9. section 18 reads as follows:
"section 18
If it is possible to interpret legal proceedings in different ways, it is the interpretation of the
the most favorable for employees. ".
10. section 19 reads as follows:
"§ 19
(1) the Court shall take into account, even without the motion for invalidity of legal proceedings to which the
has not been granted the prescribed consent of the competent authority, in cases where it
expressly provides for the law or special Act.
(2) if required by law, that legal action was with the competent authority
only discussed legal action cannot be declared invalid only from
the reason that this discussion has taken place.
(3) the invalidity of legal acts cannot be to the detriment of the employee,
If annulment has not caused solely by myself. ".
11. section 20 reads as follows:
"section 20
If no legal action has been taken in the form required by this law,
and if it has already started with the performance, it is not possible to the invalidity of this
the negotiations call for those negotiations, which arises or is changing the basic
employment relationship. ".
12. section 21 is repealed.
13. in article 23 paragraph 1 reads:
' (1) in the collective agreement it is possible to modify the rights of employees in the
labor relations, as well as the rights or obligations of the
the parties to this agreement. The agreement in the collective agreement, which
employees impose obligations or shorten their rights provided for in
This Act, shall be disregarded. ".
14. in article 23 paragraph 4 is added:
"(4) the procedure for the conclusion of collective agreements, including the resolution of disputes between
the Contracting Parties shall be governed by the law governing collective
^ 11) negotiation. ".
15. section 27:
the "section 27
(1) to the agreement the collective agreement, which govern the rights of the
labor relations of employees to a lesser extent than the collective
a greater degree of agreement, shall be disregarded.
(2) a collective agreement must be in writing and signed by the
Parties to the same document, or to her account. ".
16. section 28 is added:
"section 28
(1) a collective agreement can not be replaced by another agreement.
(2) it is not possible to seek the relative ineffectiveness of the collective agreement.
(3) a collective agreement is not possible to cancel the withdrawal of one of the Contracting
of the parties; agree-if the Contracting Parties the right to withdraw from the collective
the Treaty, to disregard it. ".
17. in paragraph 34, paragraphs 2 to 4 shall be added:
"(2) the employment contract must be concluded in writing.
(3) If an employee does not compete in the agreed to work without him
prevent the obstacle in the job, or an employer within a week (article 350a)
know about this hazard, the employer may from a contract of employment
to withdraw.
(4) From the employment contract, it is possible to withdraw only as long as an employee
walk over to work. For withdrawal from a contract of employment is required
compliance with the written form, otherwise it shall be disregarded. ".
18. in § 42 para. 2, the last sentence is replaced by the phrase "the head of the
employees of another employer to an employee, however, cannot on behalf of
the posting employer legally Act. ".
19. In Article 43a paragraph. 4 the last sentence and section 309 para. 1 the last sentence of the
the words "legal acts" shall be replaced by "legal act".
20. In article 50, paragraph 1 reads:
"(1) termination of employment must be in writing, otherwise it
be disregarded. ".
21. in paragraph 56, the following new section 56a, which including the title reads as follows:
"section 56a
Immediate termination of employment legal guardian
employee
(1) the legal representative of a minor employee, who has not attained the age of 16
years, you may immediately terminate the employment of a minor employee, if
This is necessary in the interest of education, development or health of that employee. To
force immediate termination of employment of a minor employee
According to the first sentence requires consent of the Court.
(2) the legal representative is required to deliver a copy of the immediate cancellation of the
employment and the consent of the Court for minor employees. ".
22. in paragraph 60, the last sentence is replaced by the phrase "immediate cancellation
employment must be in writing, otherwise it shall be disregarded. ".
23. in section 66 paragraph 2 reads as follows:
"(2) for the termination of employment on probation shall require the written
form, otherwise it shall be disregarded. The employment will end on the date of delivery of the
cancellation, unless it appears the date later. ".
24. in section 67 para. 2 the last sentence, the word "liability" shall be replaced
the word "obligations".
25. In paragraph 77, the following paragraphs 4 to 6 shall be added:
"(4) for the termination of the agreement for work or working agreements
activities are required in writing, otherwise to her account. The same thing
applies to the immediate cancellation of these agreements.
(5) the legal representative of a minor employee, who has not attained the age of 16
years may immediately terminate the agreement on the implementation of the work or the agreement on the
work of a minor employee, if this is necessary in order to
education, development or health of a minor employee. The validity of the
immediate termination of contracts for work or working agreements
of a minor employee in the first sentence requires consent of the
the Court.
(6) the legal representative is required to deliver a copy of the immediate cancellation of the
the agreement for work or for work of the agreement and consent of the
Court for minor employees. ".
26. in paragraph 144, the following new Section 144a:
"§ 144a
(1) it shall be prohibited to assign the right to wages, salaries, remuneration from the agreement or
their refund.
(2) it shall be prohibited to use the right to wages, salaries, remuneration from the agreement, or their
part of their compensation to ensure the debt; This does not apply in the case of
the agreement on wage deductions.
(3) if it deviates from the party of the prohibitions referred to in paragraphs 1 and
2, disregard it.
(4) the set-off against a claim for wages, salaries, remuneration and compensation agreement
the wages or salary may be performed only under the conditions laid down in the regulations
enforcement of wages in the code of civil procedure ^ 54). ".
27. in paragraph 146 (a). (b)), the words "(section 329)" are deleted.
28. in § 148 paragraph. 2, the second sentence shall be deleted.
29. in paragraph 149 paragraph. 1, the words "to meet obligations of the employee"
shall be deleted.
30. In article 252 paragraph. 3 and § 255 para. 4, the words "the eligibility of the employee to the
legal capacity is limited, or if she was deprived of "shall be replaced by
"the employee is limited".
31. in § 286 paragraph 2. 3 the words "organizational unit, which has a right of action
on behalf of the trade unions "shall be replaced by" side of the Organization,
If it warranted the statutes of trade unions ".
32. In article 305, paragraph 1 reads:
"(1) an employer may establish rights in the internal regulation
labor relations, from which an employee is entitled, even cheaper,
than those provided for by this Act. It shall be prohibited to store internal rules
staff obligations or curtailed its rights provided for in this
by law. If it deviates from this prohibition, the employer is of no account
it. ".
33. In the thirteenth title XII: "the DEATH of the EMPLOYEE".
34. Section 327, including the title.
35. under the Heading of § 328 is hereby repealed.
36. In paragraph 330 the first sentence, the word "claimed" is replaced by the word "done"
and the second sentence shall be deleted.
37. section 333:
"§ 333
The period shall begin on the first day and ends on the expiry of the last day of the prescribed or
the agreed period; This also applies in the case where the expiry of the period subject to
the creation or extinguishment of rights. ".
38. In paragraph 341, paragraph 1 reads:
"(1) upon termination of the employer takes over from the Division of the earlier
employer rights and responsibilities under the labor relations
employers, who picked up instead. The provisions of § 338 of paragraph 1. 2
part of the sentence after the semicolon shall apply mutatis mutandis. ";"
39. In paragraph 341 of paragraph 1. 2 the word "delete" is replaced by the word "If" is repealed and the
the word "cancelled" shall be replaced by the word "repealed".
40. In paragraph 341 of paragraph 1. 3, the words ", on which it was based," shall be deleted and the
the words "the fulfilment of a task for which it was founded," shall be replaced by
"the achievement of the purpose for which it was established,".
41. § 346a is hereby repealed.
42. In the thirteenth title XVII is added: "SOME of the PROVISIONS of the
COMMITMENTS AND THE INTERPRETATION OF CERTAIN CONCEPTS ".
43. under § 346c § 346d shall be inserted and the 346e are added:
"§ 346d
(1) a lien is not possible to ensure the debt from the basic
employment relationship, that has employees to
employers in the future. The lien is not possible to set up to
the things to which the employees of a right of ownership in the future.
(2) the employer or employee shall not withhold the movable thing second
the Contracting Parties to ensure the debt arising from the basic
employment relationship.
(3) the employee or the employer is not able to commit itself to the conclusion of the
contract with a third party, to be the content of the rights and obligations of
the employee or the employer.
(4) the claim from the employment relationship, which has
the employee against the employer or the employer to an employee,
It is not possible to refer to another. An employment contract or agreement on the work
held outside the employment relationship cannot be transferred.
(5) debt, which is the employee against the employer or the employer
to employees, may not take another person.
(6) employees shall not commit to fulfilling the obligation to jointly and
severally liable.
(7) contractual penalty may be negotiated, only if provided for in this Act.
§ 346e
If it deviates from the party of the adjustment referred to in section 346b regulating up to 346d,
to disregard it. ".
44. In paragraph 347, the following paragraph 5 is added:
"(5) for the purposes of this Act, means the community households
natural persons permanently living together and sharing costs together
its needs. ".
45. In paragraph 363, the words "(§ 4 b paragraph 1. 1 second sentence) "are deleted.
Article. LXXX
Transitional provisions
1. Act No. 262/2006 Coll., in the version in force from the date of entry into force of
This Act also govern labour relations incurred prior to the date
entry into force of this Act; legal acts before the date of the acquisition of
the effectiveness of this law is, however, governed by existing laws, and
when their effects occur up to the effective date of this Act.
2. invalidity of legal acts which have been made prior to the date of acquisition
the effectiveness of this law, shall be assessed pursuant to Act No. 262/2006 Coll., on
the version in force until the date of entry into force of this Act.
3. The provisions of paragraphs 19 and 20 of the Act No. 262/2006 Coll., in the version in force from
the effective date of this Act, apply to labour
the relationships that were created earlier in the day the effective date of this Act.
4. The legislation referred to in section 28 of Act No. 262/2006 Coll. as amended by
effective from the date of entry into force of this Act apply to collective
contracts which have been concluded earlier in the day of application of this
the law.
5. Immediate termination of employment legal guardian
of the employee under section 56a of the Act No. 262/2006 Coll., in the version in force from
the effective date of this Act, is applicable to the employment relationship
a minor employee based employment contract concluded
earlier in the day the effective date of this Act.
6. the immediate cancellation of the agreement for work or working agreements
the activities of the legal representative of a minor employee in accordance with § 77 para. 4
and (5) of Act No. 262/2006 Coll., in the version in force from the date of entry into force of
This Act, it is possible to apply to the agreement for work or an agreement
about the work of a minor employee that has closed
earlier in the day the effective date of this Act.
THE EIGHTH PART OF THE SIXTIES
Changing the law on transformation of business companies and cooperatives
Article. LXXXI
Law No. 125/2008 Coll. on transformation of trade companies and cooperatives,
as amended by law No 215/2009 Coll., Act No. 227/2009 Coll., Act No.
355/2007 Coll. and Act No. 167/2010 Coll., shall be amended as follows:
1. in paragraph 1 of the text at the end of paragraph 3, the words "and of the civil
the code on the conversion of legal persons or of the transfer ".
2. paragraph 2 is added:
"§ 2
The obligation of disclosure provided for in this law is fulfilled their
publication in the commercial bulletin. ".
3. In section 4, paragraph 4. 2, the word "Acts" shall be replaced by "activities".
4. In section 4, paragraph 4. 3 the words "social contract or statute" shall be replaced by
the words "the founding legal act".
5. In section 4A(1). 2, the words "on a proposal from that company or cooperative"
shall be deleted.
6. In Section 7a of the paragraph. 2 the term "processing" shall be replaced by the word "copy".
7. section 10 reads as follows:
"§ 10
(1) the record date shall be determined only when the merger, Division or transfer of assets
the companion.
(2) the separation of the vesting day effects in
relation to the negotiations relating to property or debt, which have
According to the project the Division go to the acquiring company or
team.
(3) the record date cannot precede by more than 12 months of the date on which
It will be filed for registration of the conversion in the commercial register. As
the record date may be determined no later than the date of registration of the merger, Division
or transfer of property to a partnership in the commercial register. Determine if the
the project of the conversion of a later date, the record date shall be deemed the date of registration
the conversion in the commercial register. ".
8. In section 11 (1) 1 the words "on the date that precedes the date decisive
conversion of ' shall be deleted.
9. in section 11 (1) 3, the first sentence shall be deleted.
10. section 12 reads as follows:
"section 12
(1) the conversion of all persons involved in the transformation of the validate final
financial statements or interim financial statements by the Auditor, if
at least one of the persons involved in the conversion has to verify
the final financial statements or interim financial statements by the auditor referred to in
the law on accounting.
(2) if they have the duty to verify the final accounts auditor
all persons involved in the transformation of leading accounting, are
all of the acquiring company or cooperative, or transposing
Companion, if an entity, the company being divided or cooperative
or the company or cooperative after the change of legal form required to leave
Verify the opening balance sheet auditor.
(3) this law-joint-stock company the obligation to make available to the
or provide shareholders in connection with the conversion of any financial
statements, make available or provide with her always and annual report
relating to the financial statements. ".
11. in article 14, paragraph 2 reads as follows:
"(2) a change to the founding legal act that occurs as a result of
the conversion occurs on the basis of the amendments contained in the project at the date of conversion
the registration of the conversion in the commercial register. The provisions of the Act, which
regulates the legal relations of the trading companies and cooperatives, amending
the founding of legal action in such cases shall not be used. ".
12. in § 14 para. 3 the words "documents are replaced with" shall be replaced by
"legal action is replaced by".
13. in article 15, paragraph 2. 1 at the end of the text of the first sentence, the words "or
the Board ".
14. in article 15, paragraph 2. 2 the term "Act" is replaced by the word "acts".
15. in article 15, paragraph 2. 3 (b). and) the words "if such approval
requires "shall be replaced by" unless such approval does not require ".
16. in article 15, paragraph 2. 3 (b). (c)), the number "7" shall be deleted.
17. in article 15, paragraph 2. 4 letter a) is added:
") if the conversion project approved by the shareholders or members of any of the persons
involved in the conversion of their general meetings of Member
meetings or ".
18. in section 15 c, at the end of the text of paragraph 1, the words ", unless it is
a companion or member that is at the same time the person concerned on the
the conversion ".
19. in section 18 para. 1 the term "Act" is replaced by the word "acts".
20. in section 19 para. 1 the second sentence, the word "period" shall be replaced by "period".
21. in section 19 para. 2, the words "within the period" shall be replaced by the words "at the time".
22. in section 20 (2). 2, the word "business" is deleted.
23. in section 20 (2). 3, the word "business" is deleted.
24. under section 20, the following new section 20a, which reads as follows:
"section 20a
The decision on transfer of assets to the partnership requires the consent of at least
90% of the votes of all the shareholders of the company. ".
25. in paragraph 22 of the paragraph. 2 the term "Act" is replaced by the word "acts".
26. in paragraph 22 of the paragraphs 4 and 5 are added:
"(4) a shareholder who was not present at the general meeting that
of the Division, with uneven exchange ratio, has a right to withdraw from
the company under this Act, if it is to have a successor company form
limited liability company, or to sell the shares of the acquiring
the company under this Act, if it is to take the form of joint-stock company,
only if expressed its disagreement with the allocation, within the time limit referred to in paragraph
2.
(5) the notice of disagreement with the Division can also be a performance
the shareholders of the company pursuant to § 318, to have a succession company
the form of a limited liability company. If it is not part of the notice of
dissent shareholders with the distribution of his performances, must be
performances of the company pursuant to § 318 delivered to the company no later than
within 30 days from the day on which the shareholder learned of the fact that the resolution of the General
meeting on conversion was adopted, on the basis of the notification referred to in paragraph 3. '.
27. in section 22 shall be added to § 22a is inserted:
"§ 22a
The decision on the transfer of assets to shareholders will require the agreement of at least
90% of the votes of all the shareholders of the company being acquired. ".
28. in paragraph 23 of the at the end of paragraph 1, the following sentence "the general meeting is
a quorum, if they are present, at least two thirds of all
members. ".
29. in Section 23a para. 2 and 3, the word "Act" is replaced by the word "negotiations" and
the word "document" shall be replaced by "legal act".
30. Section 23b is hereby repealed.
31. section 25 reads:
"§ 25
In a public limited company with monistickým running inner governance structure
handles the message on the conversion of the Board. ".
32. In section 26 para. 2, after the words "statutory authority" the words "or
the Board ".
33. In section 32a, the words "for the review of the project of conversion of" shall be replaced by
"that draws up an opinion for the purposes established by this Act,".
34. In section 35 para. 2, after the words "to transform" the words "or
the acquiring company or cooperative ".
35. In article 35, paragraph 4 shall be deleted.
36. In article 37, paragraph 1 reads:
"(1) the owners of convertible bonds and bonds and other
of the securities or of the participation of book-entry securities
securities other than shares, which carry special rights,
the conversion is effected against acquiring the same joint-stock company
rights as they had against the issuer. The share exchange ratio, which is recalculated
the existing law on the issue of securities or
book-entry securities law at issue
of the securities in the acquiring company or its
book-entry securities, shall be indicated in the project
the conversion must be fair and reasonable and must be re-examined as well as
the share exchange ratio of shares. Provisions on the right to call the
shall apply mutatis mutandis. ";"
37. in paragraph 39, the following new section 39a is added:
"§ 39a
A person interested in converting, receiving public support, is
shall, not later than the date of publication of the project of conversion pursuant to section 33 or
its publication in accordance with § 33a announce start cooking conversion
the public aid, unless otherwise provided by special law
something else. ".
38. In the title of title VIII, part first, the word "business" is deleted and
the word "share" shall be replaced by the words "local security".
39. In § 40 paragraph 1 and 2 shall be added:
"(1) if the shares were stopped or securities issued by the
the person interested in the conversion, and the lien takes the date of the registration
the merger, Division or change of legal status in the commercial register,
passes or extends the lien on shares or participating
securities, mortgage the borrower takes on the basis of pledged shares
or securities.
(2) if the pledged shares or securities in a merger
or the Division shall expire without replacement, but Lien
the debtor is no longer involved in the acquiring company, transferred the lien
the right to the shares or securities of the debtor of the lien
acquiring company. ".
40. in section 40 para. 3, the word "business" is deleted.
41. In paragraph 41, paragraph 1 reads:
"(1) the acquiring Corporation after the registration of the merger or Division to
the commercial register, or the Corporation, which was created by modifying the
legal forms, after the registration of the changes in the commercial register shall indicate on the
participating securities in the name of which is inherited or is produced
Lien according to § 40, recording a lien. Record
the elements must have a lien endorsement. After the designation of the lien
It commits the company to the pledgee or the depositories. Subscriber
the owner of the securities to which it is transferred or the lien arises
According to § 40, the company commits to the pledgee or the
depositories. The provisions of § 138 this does not prejudice. ".
42. In paragraph 41, the following paragraph 3 is added:
"(3) if they are or are to be immobilized securities,
the provisions of paragraph 2 shall apply mutatis mutandis. ";"
43. In § 42 para. 1, the word "business" is deleted.
44. In § 42 para. 2 and 3, the word "business" is deleted.
45. In paragraph 43, the word "business" be deleted and the words "public business
company, limited partnership or cooperative "are replaced by the words
"the company or cooperative, share of which can not be a pledge".
46. section 44 reads as follows:
"§ 44
(1) if as a result of a merger, a division or a change in legal form the same
share or participation securities subject to a lien of the various
pledgees whose claims were secured before the transformation
separately, in case of realization of the satisfied lien these
mortgage lenders quite so, as if the transformation did not occur.
(2) if the joint pledge pursuant to paragraph 1, the State party paper
commits to the company that the pledgee or depositories to
which will be agreed by all mortgage lenders. If there is no agreement
pledgees or within a reasonable time after the invitation of the company commits
company securities depositories, which itself selects with the diligence of
the cost of a householder pledgees.
(3) the provisions of § 40 paragraph 2. 1 to 3 of section 43 and § 44 para. 1 shall apply to the
uncertificated securities. ".
47. In § 45 para. 1, the words "paragraph. 3 "shall be replaced by" paragraph. 2. "
48. section 47 reads as follows:
"§ 47
(1) the right to call must be exercised by the obliged entities at least
one of the beneficiaries, no later than 6 months from the date of the registration
the merger, Division or transfer of assets to the partnership business
the register became effective against third parties, otherwise this right ceases to exist.
(2) the obligor shall notify without undue delay the day of exercise of the right
referred to in paragraph 1 in a manner that has published under section 33 or published
According to section 33a of the conversion project. The limitation period shall run from the date on which compulsory
the person shall fulfil the obligation of notification.
(3) the Judicial decision establishing the beneficiary grants the right to
call for mandatory person in the base of the right conferred binding
even in relation to other eligible persons. In this decision the Court stores
mandatory person even without the suggestion that, at the time specified in the decisions met
call to all eligible persons in judicial custody for composition
of this Court.
(4) the Court be posted on their official Board final decision according to the
paragraph 3, together with the challenge to the owners of shares, in order to make up for it
signed up.
(5) reasonably incurred costs associated with the implementation of the judicial custody with the
be paid from the funds of the composite in the cache.
(6) a person Required under section 33 shall be published or will publish in accordance with § 33a without
undue delay and in a manner which has published or published
operative part of the draft terms of conversion, final decision of a court authorized
grants the right to call the person referred to in paragraph 3, and at the same time with him
the challenge to the authorized persons come forward to make up with the competent
the Court.
(7) the provisions of the law governing court custody of the accrual of the subject
State shall not apply. Passed the period of three years from the legal force
the resolution on admission to custody, the Court will decide that the subject of the escrow is
Returns the required person if no one signs up to 1 year from the date of
the date of publication of this decision. This Court decision be posted on the official
Board of the Court.
(8) Agreed to mandatory person to call with one of the authorized
people outside of the judicial procedure, the agreement is binding on the person liable for what
to the base of the recognised rights and other entitled persons and required
the person shall notify the other authorized persons in a manner that
has been published in accordance with § 33 or published in accordance with § 33a of the conversion project
together with him and the challenge to make authorized persons come forward to make up for
the competent court. Mandatory person they meet at the time of maturity of the call to
all eligible persons of the composition of the filling into judicial custody; paragraph 5 and
7 shall apply mutatis mutandis.
(9) for eligible persons who were not parties to the proceedings referred to in paragraphs 2
and 3, runs the limitation period for the exercise of the right to call on the funds of
compound in the custody of the Court from the date of disclosure or publication of a notice
in accordance with paragraph 6. For authorized persons who are not parties to the agreement
pursuant to paragraph 8, running the limitation period for the exercise of the right to call
resources in the custody of the Court from the date of disclosure or publication of the
the notification referred to in paragraph 8. ".
49. At the end of section 48, the following sentence "provision of section 341a para. 3, the
apply accordingly. ".
50. in the first sentence of paragraph 49 is part of the sentence after the semicolon including the semicolon
repealed.
51. The heading of title X, part the first: "the right to REPURCHASE the SHARE in the
CHANGE THE PROPERTY OF A COMPANY WITH LIMITED LIABILITY OR JOINT-STOCK COMPANIES ".
52. § 49a to 49 c shall be added:
"§ 49a
(1) the right to sell off its stake in the acquiring company this
the company, if applicable on the date of the merger or Division and write
merger or Division of companies with limited liability or joint-stock
companies in the commercial register a material change occurs or changes
relating to the assets of any of the companies involved in the conversion,
which would justify a different exchange ratio of shares, the person
and that was a partner) of a participating company at the date of approval of the merger
or Division,
(b)) which voted against approval of the merger or Division,
c) ruled that deteriorated the share exchange ratio and the
(d)) that the merger or Division of the entry in the commercial register
It did not exert the rights of a shareholder in the acquiring company, in addition to the right to
the exchange of a share for a stake in the acquiring company.
(2) a partner shall be entitled to exercise the right to purchase a share in a
the acquiring company, which voted against the approval of the merger or
Division or that he was traded for a stake in the company being acquired,
which voted against approval of the merger or the Division.
§ 49b
(1) the acquiring company is obliged to buy the share at a price of
corresponding to its real value (§ 70 para. 2), established at the date of
preceding the date of registration of the merger or Division in the commercial register.
(2) fair value must be determined by an expert opinion. An expert
affix the company at his own expense.
(3) the acquiring company is obliged to secure a copy of the report
the experts no later than 3 months from the date on which the shareholder has exercised the right to
purchase of shares and the shareholder in writing to inform you that the opinion was
drawn up and with what result. The notice may also include a proposal to
the conclusion of the contract or the notification of the fact that the acquiring company proposal
Companion refuses.
(4) the content of expert opinion, in addition to the formalities required by law
governing the activity of experts, also an indication of the fair value of the share, which is
designed to the redemption pursuant to paragraph 1, the introduction of the method, or methods, the
the basis of fair value was determined, and an indication of whether the change
or changes in the equity of the companies involved have an impact on
Exchange ratio of shares.
(5) the acquiring company has partner exercises his right
the purchase of shares, the right to claim reasonably incurred costs on
processing of the expert report referred to in paragraph 1, if the expert opinion
shows that the alleged change or changes in equity did not impact on the share Exchange
the ratio of shares.
§ 49 c
(1) a partner may exercise the right to purchase shares in the acquiring
the company within 2 months from the registration of the merger or Division of the business
the register, otherwise this right ceases to exist.
(2) a partner exercises the right under paragraph 1 a written challenge
addressed to the acquiring company, which contains data, which allow
identify the share of the acquiring company offers to purchase,
and stating the reason why the right to repurchase shares.
(3) the acquiring company shall send without delay after completion
the expert's report to the shareholder who exercises his right of redemption
share written contract proposal whose content is an offer to purchase
the proportion referred to in the invitation referred to in paragraph 2 for the fair value of the
determined by an expert opinion with a maturity of up to 15 days after the conclusion of the
of the Treaty, or at the same time it shall inform that his proposal rejected
indicating the reason. Article 151a is used when the shares buy-back
accordingly. ".
53. In paragraph 49d paragraph. 2, after the word "proposals", the words "to save the
the same obligations ".
54. In § 50 para. 1, the words "a statutory body or a member of his or
a member of the Supervisory Board shall be replaced by a statutory body,
the Supervisory Board, the Administrative Board ".
55. In § 50 para. 6, the word "time" is replaced by the word "deadline".
56. In § 52 para. 1, § 54 para. 2 and § 57 para. 4, the word "content"
repealed.
57. In article 53, paragraph 4 shall be deleted.
58. In § 54 para. 1 (b)):
"(b)) a member of the statutory body of persons involved in the conversion, or".
59. In § 54 para. 1 (b). (c)), after the words "Supervisory Board", the words "
, Board of Trustees ".
60. In § 54 para. 2, the words ", statutory authority, or a member or
Member of the Supervisory Board shall be replaced by the cooperative, Member of the Board,
the Supervisory Board, the Administrative Board ".
61. In § 54 para. 3 (b). (d)), the words "pursuant to § 14 para. 1 "shall be deleted.
62. In article 57, paragraph 1 reads:
"(1) after the registration of the conversion in the commercial register or
and say the decision) approval of conversion; This does not affect
the right of shareholders or members to call for compensation and, where appropriate,
to reasonable compensation, or
(b)) to change or cancel the project. ".
63. In § 58 para. 1 the words "commitments" shall be replaced by the words "out of debt".
64. In section 59b of paragraph 1. 3 letter a) is added:
") governed by the law of another Member State other than the United States and".
65. In section 59b of the paragraph. 3 (b). (b)), the words ' Member States other than the United
Republic "shall be replaced by" Member State ".
66. In section 59b of the paragraph. 4, the words "whose internal legal relations shall be governed by
Czech law ' shall be deleted.
67. In section 59f para. 1 the term "drawn" replaced by the word "comprising".
68. In section 59f of paragraphs 2 and 3 shall be added:
"(2) if the internal ratios of the acquiring person are governed by
The United States and not one of the projects cross-border conversion has not been
drawn up in the English language, the person involved in the cross-border
the conversion to agree that culture is decisive, unless the
or Additionally, be determined by the Court.
(3) if the internal legal relations of the acquiring person governed by the law
another Member State other than the United States and from the agreements of the persons concerned
on the cross-border conversion does not imply otherwise, the applicable text of the project
cross-border conversion according to the rule of law, to control the internal
legal relations of the acquiring person. ".
69. In section 59f, the following paragraph 4 is added:
"(4) if required by this Act for the project of the conversion of the form of a notarial
writing, in the case of cross-border conversion project is sufficient, if it is a form of
notarial acts complied with the Czech side only of the persons concerned
the conversion. This does not apply in the case of the transfer to the United States. ".
70. In paragraph 59 l, paragraph 2 shall be deleted and shall be deleted at the same time marking
of paragraph 1.
71. In section 59r, the following paragraph 4 is added:
"(4) if the shareholders the right to sue in the courts for the redemption of their shares
the acquiring company after the registration of the conversion in the commercial cross-border
the register or to the foreign register, the provisions of
paragraphs 1 to 3 shall apply mutatis mutandis. ";"
72. In § 59 t paragraph. 2, the words "on stock" shall be replaced by "claim
the shares buy-back before the Court ".
73. In § 59v, the word "commitments" shall be replaced by "debt".
74. In paragraph 59 votes of paragraph 1. 2 and section 59 votes of paragraph 1. 3 (b). (f)), the word "acts"
replaced by the word "meeting".
75. § 59y reads as follows:
"§ 59y
(1) a notary shall issue a certificate for cross-border conversion even if handed to
one of the partners or members of the Czech legal person involved in the
cross-border conversion proposal to pay for the call, or if they have a
shareholders United interested corporations the right to buy back the shares, if
and the legal order of the State), which is governed by the internal laws of the foreign ratios
legal person involved in the conversion, it does not regulate the right of the company or
Members to pay for the call, or the right to buy back the shares of the minority
or complaining shareholders when cross-border conversion, and
(b) the foreign legal person) when approving the cross-border conversion
expressly decides that the members of the Czech legal entities
involved in cross-border wealth transformation shall have the right to pay for the call
or the right to buy back the shares after the registration of the conversion in the cross-border
commercial register or foreign commercial register.
(2) the certificate for cross-border conversion in the cases referred to in
paragraph 1 shall indicate the notary that the proposal was to call filed or that the
Members have the right to buy back the shares.
(3) If a notary document for decision presented to some of the
foreign legal entities involved in cross-border conversion
referred to in paragraph 1, the notary certificates for cross-border conversion shall specify that the
This legal person so decided. ".
76. In section 59za ' cross-border conversion, "the words" on the
legal proceedings, which approves the conversion, the companion ".
77. section 60 is repealed.
78. section 66 is repealed.
79. section 70:
"§ 70
(1) contains at least the draft terms of merger
and the name and address) of all participating and new companies or cooperatives,
their legal form and the identification number of all the participating
companies or cooperatives,
(b) the share-exchange ratio of shares of shareholders) of the company or the members of the
the merging cooperatives in the acquiring company or successor
the team, unless there is no exchange of shares, and any additional payment with
by specifying its amount and maturity,
(c) the effective date of the merger,)
d) rights in the acquiring company or co-operative provides to the owners
bonds, where appropriate, the measures that are proposed for them,
(e)) the date from which the right to share in profits or komanditistům
shareholders of the company with a limited liability company or the shareholders of the exchanged
shares, as well as the specific conditions relating to this right, if
There are,
f) all special benefits that one or more of the participating
companies or cooperatives provides the members of the Board, the members of the
the Supervisory Board, the Administrative Board or Control Board, if there shall be established, and
experts from the přezkoumávajícímu draft terms of merger; While separately indicate to whom it is
the advantage provided by the who and under what conditions it provides,
g) in the event of the merger changes the founding legal negotiations
the acquiring companies or cooperatives; If they are not in the project of the merger
by merging any changes listed, it is considered that the founding legal
acquiring company or cooperative does not change,
h) in formation
1. the founding legal act of the acquiring companies or cooperatives,
2. the name and domicile or registered office of the company or the names and identification numbers
the members of the Board of the acquiring company or co-operative and
the Supervisory Board or Management Board of a public limited company, and if it shall be established,
and the Supervisory Board of limited liability company or the Audit Commission
of the cooperative.
(2) share exchange ratio shall be fair and reasonable. If there is no share exchange ratio
under the first sentence a fair market value or valuation made
qualified estimate or opinion of an expert (hereinafter referred to as "fair value")
share of partnership or member on the company or cooperative,
must be given a supplement, unless this right is given up.
(3) if in consequence of the merger to reduce the real value of the share
a person who is a member of the acquiring company prior to the registration of the merger
in the commercial register (hereinafter referred to as "partner") or such
a member of the successor cooperative (hereinafter referred to as the "former Member"), it must be
Supplement, unless this right is given up.
(4) the balance must be paid before the registration of the merger in the commercial
Register and before the secured creditors ' claims of all
the participating companies or cooperatives under this Act. ".
80. in paragraph 71, the words "of the company or of the members of the merging
cooperatives to the social contract, memorandum or statutes "
replaced by the words "or of the members of the zakladatelskému legal action".
81. In § 72 para. 2, after the words "Supervisory Board", the words "or
the Governing Council ".
82. In section 75 para. 1 (b). (d)), the word "business" and "business"
be deleted and the word "nominal" with the words "or the accounting".
83. In § 79 paragraph 2. 1 the term "analogy" is replaced by "appropriately".
84. In § 80 para. 1 the words "the obligation to repay the deposit" shall be replaced by
"The deposit obligation".
85. In § 80 para. 2 the words "paid" was replaced by "was
the deposit obligation fulfilled "and the word" period "shall be replaced by the word" time ".
86. In § 80 paragraph 4 is added:
"(4) If the deposit obligation has not been met, you can conclude an agreement on
remission of the debt under the conditions referred to in paragraph 3. '.
87. In section 80a paragraph. 1 and 84 paragraph by paragraph. 1 the term "commitment" is replaced by
the word "debt".
88. In section 80a, 84 and 85, the word "commitments" shall be replaced by "debt".
89. In § 88 para. 1 (b). a) and (d)), the words "its repayment" are replaced by
the words "meet deposit obligations" and the word "commercial" after the words "and
the amount of "is deleted.
90. in § 88 para. 1 (b). (b)), and (d)), the word "business" is deleted.
91. In § 88 para. 1 (b). (c)), the word "business" is deleted.
92. In paragraph 88, at the end of paragraph 2 the following sentence "this is true even in the case
There is no exchange of the shares of any shareholder of the company
for a stake in the acquiring company from another legal reason. ".
93. In paragraph 88, the following paragraphs 3 and 4 are added:
"(3) where, under the social contract to own more shares,
Enter the details referred to in paragraph 1 in respect of each share that
Companion custom in each participating company at the time producing a
the project of the merger or to own in the acquiring company after the merger.
(4) if the participating company or the stem leaves are to be
released after the merger, the acquiring company shall indicate this fact to the
the project of the merger in respect of each share, which has been issued or to be
issued voucher. Has to be in connection with a merger to Exchange tribal
sheets, or just to return them or just their issue, the
Project Fusion method and time for their submission or just for takeover
newly issued ordinary leaves. ".
94. In § 89 paragraph 1 reads:
"(1) to increase the capital of the acquiring company from assets
the company may be
and the exchange of the shares) for the admission of new deposits and shares in associates
defunct company in Exchange for shares in the company
the company,
(b)) for the purpose of exchange of shares by increasing the deposits existing shareholders
the acquiring company, who were at the same time the shareholders of the company
defunct company in Exchange for shares in the company being acquired and the
the founding legal act of the acquiring company does not allow
Companion owned more shares, or
(c) the existing shareholders by increasing the deposits) of the acquiring company, and
If there is no exchange of shares, if there is no change in the persons
the shareholders of the acquiring company. ".
95. In § 89 paragraph 1. 3 the second and third sentences, the terms "deposits to the base
capital "shall be replaced by" shares ".
96. In paragraph 90, para. 2, after the words "limited liability company"
the words "an increase in deposits of shareholders or the creation of new shares".
97. In paragraph 90, para. 3 at the end of the text of subparagraph (c)), the words "or
an indication of what the new share with a corresponding amount of the deposit to each
of the partners ".
98. In section 91 paragraph 2. 4, the word "period" shall be replaced by the word "time".
99. In § 94 paragraph. 1 (b). (b)), the word "company being acquired" shall be replaced by
"relevant stakeholders".
100. Under section 95b of paragraph 1 reads:
"(1) if the acquiring company is the sole member of the relevant
of the company and, as a result of a merger does not result in a
the social contract or memorandum of the acquiring company,
does not require the approval of the merger by the general meeting, the sole member or
the shareholders of the relevant participating companies. This also applies in the case
the sole shareholder of the company being acquired is different
the company being acquired. ".
101. Under section 95b of the following shall be added at the end of paragraph 3, the phrase "this is true even for
the fulfilment of obligations pursuant to § § 93 or 93a. The provisions of § 287b para. 2, the
apply accordingly. ".
102. Under section 95b, the following paragraph 5 is added:
"(5) If you want to change the social contract or the founding
of the Charter of the acquiring company referred to in paragraph 1, shall be required to
the merger of the merger agreement by the general meeting of the acquiring company or
its sole member. ".
103. In paragraph 96, the words "the time limits the repayment of deposits ' are replaced by ' times
to meet deposit obligations "and the words" if they have been paid for deposits of all
shareholders "are replaced by the words" are met ".
104. In section 96a paragraph. 1 the term "period" is replaced with "time".
105. In the title of part 6 of title V of part two, the word "business"
repealed.
106. In paragraph 97, 98 and 99, the word "business" is deleted.
107. the following section is inserted after section 99b 99 c, which reads as follows:
"§ 99 c
If the companion to the late surrender or acceptance of the newly
provision of a voucher, the procedure shall be according to the law, which
regulates the legal relations of the trading companies and cooperatives in the late
partnership with voucher. Time for submission or
takeover of the ordinary leaves may not be longer than 2 months from the registration of the merger within
commercial register. ".
108. section 100:
"§ 100
(1) the project of the merger also includes joint-stock company
and) in connection with Exchange ratio, an indication of how many shares of the acquiring
the company will be exchanged for one share of the company with
details of the type, form, transferability, nominal value, unless the
shares without nominal value (hereinafter referred to as "unit shares"), and any data
their admission to trading on a regulated European market that will
replaced by paper, book-entry securities or immobilised
security, including detailed procedural rules when their Exchange, which
shall contain at least the manner and time for the presentation of the shares issued by the company
by the company as security for Exchange, Exchange, or if the indication of the
the fact that the shares will be either all or some shareholders exchanged with
giving the reason, if this fact known at the time of project
the merger,
(b) determine how they will be) in a merger by merging the acquired shares of the acquiring
the company needed to exchange for the shares of the shareholders of the company
the company,
(c) an indication of the influence of the) merger by acquisition, the shares of existing shareholders
the acquiring company, in particular an indication of the fact that their shares
are not subject to Exchange, or an indication of the fact that they break down, that increases or
reduces their nominal value or changing the type or form, or whether the
an exchange of shares issued as book-entry securities or
immobilized securities or vice versa, including the rules of procedure for the
their Exchange or submission to indicate changes to the nominal value, which
shall contain at least the manner and time for the presentation of shares of the acquiring
the company issued as paper,
d) rights that the acquiring company will provide the owners of
securities or book-entry securities, which
they are not stocks, or zatímními leaves, where appropriate, measures for
It proposed,
e) procedure in the event that the shareholders of the companies involved a
the right to sell off shares in the acquiring company, in particular an indication of the time and
the way the publication of public contract, or on the procedure for
exercising the right to purchase shares under § 49a-49d,
f) data about how many seats on the Supervisory Board or Management Board of the acquiring
joint-stock company to be filled by persons elected employees
acquiring joint-stock company, determine if the statutes of the acquiring
the company, stating that this space is temporarily not used and will be
occupied until after the registration of the merger in the commercial register.
(2) if the successor company the sole shareholder of the company
the company does not have the project merger by acquisition, the data referred to in paragraph
1 (b). a), b) and (e)) and in section 70 para. 1 (b). (b)), and (e)). This is true even in the
If there is no exchange of the shares of any shareholder of the company
companies for a share in the acquiring company from another legal
reason.
(3) the starting point of the period for the submission of the securities cannot
precede the date of registration of the merger in the commercial register.
(4) has not issued if an interested Corporation on a share in stock
the company has not yet no participation or book-entry securities
participation securities, this fact shall be indicated in the draft terms of merger. In
this case is not mentioned in the rules of procedure of the merger when replacing
the shares, but the rules for the issue of shares of the acquiring company. ".
109. In § 101 paragraph. 3, after the words "issue price", the words "for
the shareholders of the company ".
110. In Section 101a para. 1, after the words "Supervisory Board", the words "or
the Board "after the words" to be filled "with the words" in accordance with
the articles of Association ".
111. In Section 101a para. 2, after the words "Supervisory Board", the words "or
the Governing Council ".
112. section 103, including the title reads as follows:
"section 103
Increase in the capital of the acquiring company from the assets of the company being acquired
company for the shareholders of the company
(1) If you want to acquire the shares of the acquiring company to
Exchange for shares of the company to raise capital
the acquiring company from the assets of the company or
the companies being acquired by issuing new shares in the acquiring company,
should the general meeting of the acquiring company for approval of merger
by merging either contain credentials for the Board of Directors to decide on
increase the share capital by issuing new shares to the extent necessary
for the Exchange, or determine the type of form, the number and unless the shares, and
nominal value of shares to be issued to the shareholders of the company
society in the capital increase of the assets of the company being acquired
the company and whether the shares will be issued as book-entry securities,
security or immobilised paper.
(2) the decision of the Board of the acquiring company to increase
the share capital by issuing new shares issued on the basis of a mandate
the general meeting referred to in paragraph 1 shall contain the designation of the species, forms,
the number and unless the piece shares the nominal value of the shares, which will be for
the shareholders of the company or companies being acquired issued
and whether the shares will be issued as paper, book-entry securities
or immobilised paper, and must be taken by a notary
write. ".
113. In paragraph 105, the words "whose rated" the words "or
accounting ".
114. In paragraph 106, the word "nominal" the words "or an accountant."
115. In paragraph 107 para. 3, the word "period" shall be replaced by "period".
116. In paragraph 108, the word "form" and the word "form" shall be deleted.
117. In § 109 paragraph. 2, after the word "nominal" the words "or
accountants ".
118. In paragraph 109, paragraph 1 reads:
"(1) the basic capital of the acquiring company can be in the event of the merger
increase for existing shareholders of the acquiring company as well as an increase in
nominal or book value of the assets of the company being acquired their shares
the company or companies or the issue of new shares, even if
There is no exchange of shares, if there is no change in the person of the shareholders
acquiring company. ".
119. In section 109a para. 3 at the end of the text of the first sentence, the words "or
According to the number of shares owned by them, in the case of shares ".
120. In section 109a para. 3 the second sentence, after the words "nominal value"
the words "or by the number of pieces".
121. In the title of § 110, after the word "nominal" the words "or
accountants ".
122. In paragraph 110, after the word "nominal" the words "or an accountant."
123. In paragraph 110 of paragraph 1. 2, after the word "nominal" the words "or
accountants ".
124. In paragraph 118 (c)):
"c) warning for the shareholders of the company on duty
acquiring company to purchase shares under section 144 paragraph. 1, § 145, or
§ 49a. ".
125. In paragraph 120, the word "deadlines" shall be replaced by the word "time".
126. In § 121 paragraph 2 reads as follows:
"(2) in the invitation to the general meeting or in the notice of the convening of the
meeting of the acquiring company, which has to approve the merger, the merger is
also indicate the details of the impact of merger by acquisition of existing shares
the shareholders of the acquiring company, in particular, that the shares of the existing
the shareholders of the acquiring company are not subject to Exchange or that they break down,
that increases or decreases their nominal or book value with
an indication of the total amount by which the increase or decrease in the nominal or
the book value of all shares of the existing shareholders of the acquiring
the company, or that change their type or form or an
Exchange of securities in book-entry securities or immobilised
or the other way around. ".
127. In paragraph 124 (b). (b)), the words "statements and" shall be replaced by "shutter
the acquiring company and its ".
128. In paragraph 125 of the introductory part of the provisions, and in section 125a of the words "shares will be
existing shareholders of the acquiring company shall be exchanged for shares of the
higher nominal value "are replaced by the words" will be increased basic
the capital of the acquiring company. "
129. paragraph 126:
"§ 126
If you reduce the capital of the acquiring company pursuant to §
110, the resolution of the general meeting of the acquiring company for approval
merger by acquisition also contain
a) amount by which reduces the nominal value of the existing shares
the acquiring company unless the piece shares
(b)) the amount by which the present share capital is reduced of the acquiring
the company, and
c) an indication of whether the amount by which the share capital will decrease the acquiring
the company will be paid the current shareholders of the acquiring
the company with an indication of the period for its payment, or an indication of how
otherwise it will be loaded. ".
130. The heading above paragraph 129: "exceptions to the approval of the merger by the General
tons of ".
131. In paragraph 129, the words "the company shares", the words ", or
There is no change to the articles of Association of the acquiring company, which are not
the exchange ratio of shares raised ".
132. section 132 is added:
"§ 132
(1) if the acquiring company Is the owner of all the shares of qualifying
to vote on the merger the company being acquired, does not require
with the approval of the merger under this Act, if
and the obligation) under section 33 or section 33a and § 120 paragraph 1. 2,
(b) all shareholders of the acquiring company) could exercise the rights referred to in
§ or § 119 and 119a
(c)) does not change the articles of Association of the acquiring company.
(2) the provisions of paragraph 1 shall apply also in the case that the only
companion of the company being acquired is another company
the company. The provisions of sections 130 and 131 shall apply for acquiring and
of the company. The provision of section 306a para. 2 shall apply mutatis mutandis.
The provisions of § 50 shall not apply.
(3) if the requirement laid down in paragraph 1 (b). a) to (c)),
requires the approval of the merger by the general meeting at least
acquiring company. ".
133. section 137:
"§ 137
(1) exchange of shares shall be made in the time of 2 months from the date of registration of the merger within
the commercial register.
(2) If you want to exchange the shares issued as a security for the
book-entry securities, or vice versa, shall apply mutatis mutandis to the provisions of
of the Civil Code concerning the conversion of the securities in the book-entry securities
or on the conversion of book-entry securities on the securities. The provisions of the
paragraph 1 shall not apply.
(3) in order to cause immobilization of the exchanged shares, the provisions
the civil code and the law on capital market
immobilization of securities. The provisions of paragraph 1 shall not apply. ".
134. In the heading of section 2 of part 7 of title VI of part two, the word
"the documentary" be deleted and the word "stock" with the words "issued by the
as a security ".
135. In paragraph 138, the word "documentary" is deleted.
136. In § 139 paragraph 2. 1, the word "documentary" be deleted and the words "time limit"
replaced by the words "at the time".
137. In § 139 paragraph 2. 2 the term "period" is replaced with "time".
138. section 140:
"§ 140
(1) if the shareholders are in default with the presentation of existing shares
and interim certificates, even if the merger contained a warning of the possibility of
not to provide an additional period of time, the acquiring company may still
prompt, if it considers it necessary, and if such action is in the interests of
the company, in the manner specified by law and the articles of Association of the acquiring
the society for the convening of the general meeting to the shares and interim certificates
submit additional reasonable time to them for this purpose,
with lessons that otherwise will be proceeded according to § 141.
(2) if the project of the merger include the option of not granting
an additional period for the submission of shares or interim certificates, it shall invite the
acquiring company to shareholders, who are in arrears, way
designated by law and articles of Association of the acquiring company for convening the
meeting to shares and interim certificates presented in reasonable
time to them for this purpose, with lessons that otherwise it will be
proceeded according to § 141. ".
139. In paragraph 141, paragraph 1 reads:
"(1) the acquiring company declared void the existing shares and
interim certificates, which were not returned in time pursuant to § 139. If it was
fixed an additional reasonable period to return under section 140 shall declare
the acquiring company shares and leaks interim certificates for the invalid to
After expiry of this period. Void cannot declare stocks that
were returned late, but before it is the acquiring company for the
invalid said. ".
140. In § 141 para. 2, the word "documentary" and the word "documentary" is deleted.
141. In § 141 para. 3 and 4, the word "documentary" is deleted.
142. In paragraph 142, the word "documentary" is deleted.
143. In the heading of section 3 of part 7 of title VI of part two, the words
"book-entry shares" shall be replaced by "shares issued as book-entry
paper ".
144. section 143 reads as follows:
"§ 143
(1) if they are to be in connection with the merger of the acquiring company
shares issued as book-entry securities for shares issued as
book-entry securities or to change information concerning the shares in the register
book-entry securities, the acquiring company will ask Central
securities depository for the issue of book-entry shares or
informs you about the desired change in the particulars before the registration of the merger in the commercial
the register.
(2) the shares are issued as book-entry securities or make changes to
the data at the central register of securities shall ensure the acquiring
the company, so that this occurred at the time of 15 days after the registration of the merger within
the commercial register.
(3) the provisions of paragraphs 1 and 2 shall apply mutatis mutandis, if the shares are
immobilised securities. ".
145. In paragraph 144, § 145 paragraph. 1 introductory part of the provisions in section 146 and para. 1
the word "commitment" is replaced by "obligation".
146. In section 147 (b). (b)), the word "form" shall be deleted and the words "rated
the value of "words", an indication of whether they were issued as a valuable
paper, book-entry securities or are immobilized, or whether so far
as a valuable paper or book-entry securities issued were not, ".
147. In paragraph 150 para. 1, after the words "the rights to the book-entry" the words
"or immobilised."
148. In paragraph 151 paragraph 1. 2 the term "undertaking" is replaced by the word "obligations".
149. In part two, title VI, part 9 including the title.
150. section 155:
"§ 155
(1) the draft terms of merger, which participates in the limited liability company, in
the case that the acquiring company will take the form of joint-stock company
or the acquiring company with limited liability in the event of the merger
shall take the legal form of a public limited company, contains the determination of how many shares
of a certain type, form or companion will receive a nominal value
each participating company with limited liability in Exchange for his shares, and
whether the shares will be issued as a security, indicating the time for her
a receipt, or as book-entry securities or whether it will
immobilization of the shares.
(2) the draft terms of merger, which is participating in the joint-stock company, in the event that
the successor company will have the legal form of a limited company
limited or joint-stock company in a merger, the acquiring by merger shall take
the legal form of limited liability company, contains information about the
the amount of the deposit or deposits and the amount of the share or shares, which receives
shareholder of the joint stock company being acquired in Exchange for their shares, and
the rules for settlement with shareholders who disagreed with the merger.
(3) where the company being acquired and the acquiring company joint-stock company
company limited liability company or joint-stock in the acquiring
the company in a merger the merger shall take the legal form of a limited company
limited, contains draft terms of merger and the warning to shareholders on the right
to withdraw from the company pursuant to section 159, and the amount of compensation to the owners of
other securities or uncertificated participation
securities other than shares or interim certificates with the rules for its
payment if they have been issued. The provisions of § 380 and 381 shall apply mutatis mutandis.
(4) if the deposit has not been paid or the issue price of the shares, enter this
in the merger.
(5) the provisions of § 88 para. 1 or § 100 para. 1 about the elements of the project
the merger is in relation to the relevant participating company shall apply mutatis mutandis.
For the exchange of shares for the shares and stock exchange for business
shares of the provisions of § 97 to 99 c and 134 to 143 shall apply mutatis mutandis. ";"
151. In paragraph 156, the existing text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) If, when the merger of merger is the sole member of the company
limited liability company joint-stock company, the
the provisions of § 95b and 132 apply mutatis mutandis. For the amendment of the statutes in this case
and replacing them with a social contract or by a
the Charter, if the acquiring company is changing its legal form. ".
152. In paragraph 157, the existing text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) if in a merger by the merger of the sole shareholder of the company equity
company with limited liability, the provisions of § 132
and 95b, mutatis mutandis. For a change in the social contract or memorandum
in this case, and its replacement by the statutes, changing the
its successor company legal form. ".
153. section 158 reads as follows:
"§ 158
(1) if the merger by merging and acquiring company adopts a different
legal form, contains the draft terms of merger and the
and the social contract or articles of Association) of the acquiring company and
(b)) the names and residence of persons who are to be members of the Board, and
name and address of the persons to be members of the Supervisory Board or the Board
of the Council. The provisions of section 72 shall remain unaffected.
(2) if the acquiring company with limited liability company take the legal form of
joint-stock company, will apply to the content of the draft terms of merger and the repayment
the issue price and the provisions of § 72, and 101.
(3) if the successor Corporation to acquire the legal form of the company
a limited liability company, will apply to the content of the draft terms of merger and the contents of the
the social contract of the acquiring company, the provisions of § 72, 96 and section 155
paragraph. i.4. ".
154. In section 159, paragraph 1 reads:
"(1) a shareholder of the company, joint-stock company with a merger into
the acquiring company with limited liability company disagreed or shareholder
the acquiring company's stock, which has the legal form of
limited liability company, that with such a merger
, has the right to withdraw from society, if
and the interested stockholder) was a joint-stock company at the date of the General
the meeting, which approved a merger, and
b) voted against approving this merger. "
155. In paragraph 160 paragraph. 1 the term "company being acquired" shall be replaced by
the "participating".
156. In paragraph 161, the word "documentary" is deleted.
157. In § 161 para. 1 the first sentence, the word "company being acquired" shall be replaced by
"interested person" and the words "released shares and interim certificates"
the words "as a valuable paper and avoid their immobilization."
158. In paragraph 162, the words "book-entry shares" shall be replaced by "shares as
book-entry securities '.
159. In paragraph 162, the existing text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) the provisions of paragraph 1 shall apply mutatis mutandis to the immobilized shares.".
160. In paragraph 163, the word "company being acquired" shall be replaced by the word "participating".
161. In § 163 para. 2 the words "business interest" shall be replaced by
"Share".
162. In paragraph 164 of paragraph 1. 1 the term "company being acquired" shall be replaced by
"The successor" and the third sentence shall be deleted.
163. In § 165 paragraph. 2 the words "company being acquired" shall be replaced by
"participating companies", the word "period" shall be replaced by the word "time" and
the words "public limited company being acquired" shall be replaced by the words "participating
joint-stock company ".
164. In section 116A of paragraph 1. 1 the words "the obligation of the Member to repay the deposit"
replaced by the words "the deposit obligation".
165. In section 116A of paragraph 1. 2 the words "paid" was replaced by "was
fulfilled the deposit obligation "and the word" period "shall be replaced by the word" time ".
166. In section 116A paragraph 4 is added:
"(4) If the deposit obligation has not been met, you can conclude an agreement on
remission of the debt under the conditions referred to in paragraph 3. '.
167. In paragraph 172 (b). (b)), the word "merging" be replaced by the words
"the relevant participating".
168. section 173:
"§ 173
If it has not yet been approved by the last annual or extraordinary financial
statements of any of the participating cooperatives, or interim financial
statements, if required, or final financial statements of the Member
the meetings of the participating cooperatives before the registration of the merger in the commercial
Register, approves the accounts of the members ' meeting of the successor
the cooperative after the merger in the commercial register. Approval of the opening
in this case, the balance sheet is not required. ".
169. In the heading of part two, title VIII, part 2:
"Special provisions relating to the merger of the housing cooperatives or social
the cooperative ".
170. Section 178 reads as follows:
"§ 178
(1) the merger of housing cooperatives with other than housing cooperative is prohibited.
The merger of social cooperatives with other than a social cooperative is prohibited.
(2) the successor team when fusion housing cooperatives can only be
Housing Association. The successor team when fusion of social cooperatives
might just be a social team. ".
171. At the end of section 182 shall be supplemented by the provisions of § 336b "paragraph. 2, the
apply accordingly. ".
172. In paragraph 189, paragraph 3 shall be deleted.
173. In § 191 para. 1, after the words "the project cross-border merger" is inserted
the word "Corporation".
174. In paragraph 197 paragraph. 2 the term "period" is replaced by "period".
175. In paragraph 197 paragraph. 3, the word "period" shall be replaced by "period".
176. In paragraph 214 of paragraph 1. 1 the term "undertaking" is replaced by "commercial
the plant (hereinafter referred to as "the race") ".
177. In paragraph 214 of paragraph 1. 2, after the words "the members of the Supervisory Board", the words "
, Board of Trustees ".
178. In paragraph 215, paragraph 2 reads as follows:
"(2) unless otherwise provided by this law is something else, do not have the employees entitled to
representation on the Supervisory Board, the Administrative Board or the Audit Committee of the Czech
the acquiring corporations. ".
179. In paragraph 215 paragraph. 3 (b). (b)), the words "to the extent of more than
This or the Special Act for the limited liability company, joint-stock
companies or cooperatives located in the territory of the Czech Republic, or "
and are deleted at the end of subparagraph (b)), the following period.
180. In section 215 paragraph. 3 (c)) shall be deleted.
181. In paragraph 215 paragraph. 4, § 218 paragraph. 2, section 219 paragraph. 1, section 219 paragraph. 3 (b).
(c)), § 220 para. 1 and 2, § 220 para. 3 (b). (c)), and (d)), § 220 para. 5, §
221, § 222 para. 3, section 223a 223, 224, 225, para. 2 (a). (b)), § 226
paragraph. 1, § 227 paragraph. 1 (b). (c)), § 230 para. 2 and in section 231 para. 1 and 2 are
the word "business" is replaced by "ex works".
182. In paragraph 229 paragraph. 2, the second sentence is replaced by the phrase "to the legal act,
which are in conflict with it, shall be disregarded. ".
183. In § 232 paragraph. 3, the word "period" shall be replaced by the word "time".
184. In § 232 paragraph. 4 (b). (b)), the word "period" shall be replaced by "period".
185. In paragraph 233 para. 1 (b). (b)), after the words "Supervisory Board", the words
"Board of Directors".
186. In paragraph 233 para. 2, after the words "Supervisory Board", the words ",
the Board ".
187. In paragraph 237 para. 4 (b). (b)), the word "period" shall be replaced by "period".
188. In paragraph 238 paragraph 1. 2 of the introductory part of the provisions, the word "period" is replaced by
the word "time".
189. In paragraph 238 paragraph 1. 2 (a). and the word "period)" is replaced by "period".
190. In section 239 para. 1 (b). and) and in section 239 para. 3, after the words "the supervisory
the Council ", the words" the Board ".
191. In section 239 para. 1 (b). (b)), after the words "Supervisory Board", the words
"Board of Directors".
192. In article 240 paragraph. 1, after the words "Supervisory Board", the words ",
the Governing Council ".
193. In paragraph 240 paragraph. 2, after the words "Supervisory Board", the words ",
the Board ".
194. In paragraph 241, the words "Supervisory Board", the words "administrative
the Council ".
195. In § 242 paragraph. 1 and 2, the words "within the period" shall be replaced by the words "at the time".
196. In paragraph 242, paragraph 4 shall be deleted.
197. In § 243 para. 2 the words "the split with the emergence of new or new"
shall be replaced by "splitting of the emergence of new" and the word "divestment is
the emergence of new "shall be replaced by the words" a split with the emergence of new or
new ".
198. In paragraph 250 paragraph. 1 (b). (b)), and (c)), the word "period" shall be replaced by
"time".
199. In article 250 paragraph 2. 1 (b). g), the words "statutory authority or its
Members ' shall be replaced by "to the members of the Board" and the words
"the Supervisory Board" with the words "Board of Directors".
200. In article 250 paragraph 2. 1 (b). I), the word "commitments" shall be replaced by
"debts".
201. In paragraph 250 paragraph. 1 the letter j) is added:
"(j)) the Division by merging changes the founding legal negotiations
the acquiring company or cooperative, if to them as a result of the Division
occur; If they are not in the project, distribution of the merger contained no
changes to the founding legal act, it is considered that the founding
legal proceedings does not change ".
202. In paragraph 250 paragraph. 1 (b). k) point 1, the words "social contract
by a Charter or statutes "shall be replaced by the words" the founding
legal act ".
203. In article 250 paragraph 2. 1 (b). k) point 2, the words "or its members" shall be deleted;
and after the words "Supervisory Board" shall be inserted the words "or of the Administrative Board".
204. In paragraph 250 paragraph. 1 (b). m), the words "the social contract,
the memorandum or articles of Association "are replaced by the words" the founding
legal proceedings ".
205. In paragraph 250 at the end of paragraph 3 the following sentence "the provisions of section 70
paragraph. 3 shall apply accordingly. ".
206. In paragraph 252 paragraph. 2, after the words "Supervisory Board", the words "or
the Governing Council ".
207. Section 255:
"§ 255
The company or the company being divided, whose fortune was valued at
opinion of an expert is required to provide this assessment to all other
the companies involved. ".
208. In paragraph 256 of paragraph 1. 1 (b). (d)), the word "business" and "business"
repealed.
209. section 257:
"§ 257
(1) each of the recipient companies or each of the succession
shall be liable for the debts of the cooperatives that have moved due to the split of the extinct or
distributed by companies or cooperatives in other successor
companies or cooperatives or companies or distributed remained
When you split the team, jointly and severally liable with the other successor
companies up to the amount of the valuation of assets, which should go under
the project referred to in expert opinion for valuation of assets.
The provisions of section 75 para. 2 for the purposes of liability does not apply.
(2) if the Division by merging to equity awards to go
to the acquiring company or co-operative, by an expert opinion for the purposes of
liability determined the amount by which the amount of the equity capital has been changed
the acquiring company or cooperative declared in the opening balance sheet
than the amount of the equity reported in the final financial statements. ";"
210. In section 258 and in § 262 para. 1 the word "commitments" shall be replaced by
"debts".
211. In § 261 para. 1 the word "commitments" shall be replaced by "debt" and
the word "commitments" shall be replaced by the word "debt".
212. In § 261 para. 2 (a). and), the word "or" is deleted.
213. In § 261 para. 2, letter a) the following new subparagraph (b)), which
added:
"(b)) in the ratio of the amounts which the equity capital of the acquiring
companies or cooperatives reported in excess of the amount of the opening balance sheet
the equity reported in the final financial statements, in the case of
referred to in § 257 paragraph. 2, or ".
Letter b) is renumbered as paragraph (c)).
214. In § 261 para. 3, the word "commitment" is replaced by "error" and the word
"the commitment" shall be replaced by the word "debt".
215. In paragraph 264, the word "undertaking" shall be replaced by the word "debt".
216. In section 265 para. 1, after the word "nominal" the words "or
accounting ".
217. In paragraph 269 paragraph. 1 (b). (c)), the words "in which the companion
the distribution of approved "shall be replaced by" project splitting ".
218. In article 271, paragraph 1 reads:
"(1) any failure by a partner of the company the deposit requirement
prior to the preparation of the project and the project of the splitting of the splitting is not
that its deposit obligation shall cease, the project must split control in the
what the recipient company or companies is required to meet the
the deposit requirement and in what amount. When the split holds the companion
the deposit requirement in distributed by the company, unless the project split
Specifies that has to be met in one of the recipient companies. ".
219. In paragraph 271 of paragraph 1. 3 the words "paid" was replaced by "was
fulfilled the deposit obligation "and the word" period "shall be replaced by the word" time ".
220. In section 271 para. 5, the words "the deposit has not been fully or partly paid up"
replaced by the words "the deposit obligation has not been fulfilled."
221. In paragraph § 271a 1 and 2, § 274 para. 1 and 2, and in paragraph 275, the word
"commitments" shall be replaced by "debt".
222. In article 271a of paragraph 1. 1, and in article 274 para. 1 the term "commitment" is replaced by
the word "debt".
223. In § 278 and 279, the words "the company being acquired or distributed" are replaced by
the word "participating".
224. In § 280 para. 1 (b). a) and (d)), the words "its repayment" are replaced by
the words "meet deposit obligations" and the word "commercial" after the words "and
the amount of "is deleted.
225. In § 280 para. 1 (b). (b)), and (d)), the word "business" is deleted.
226. In § 280 para. 1 (b). (c)), the word "business" is deleted.
227. In § 280 para. 2 the word "hold" is replaced by the word "custom", the word
"business" is deleted and at the end of paragraph 2, the following sentence "that is valid
even in the case where there is no exchange of the shares of any shareholder
company being acquired for a stake in the acquiring company from another
the rule of reason. ".
228. In paragraph 280, the following paragraphs 3 and 4 are added:
"(3) where, under the social contract to own more shares,
Enter the details referred to in paragraph 1 in respect of each share that
Companion custom in each participating company at the time producing a
the project or to own in the acquiring company after
the distribution.
(4) if the participating company or the stem leaves are to be
issued by the acquiring company after the split, this shall be
to the project in respect of each share, which has been issued or has
be issued with a voucher. If it is to occur in connection with the distribution of the exchange of
stem leaves, or just to return them or just their release,
the project method and time for their submission or
just for taking over the newly issued ordinary leaves. ".
229. In § 281 para. 1 (b). and "business), the word", the word "business", and
the words "if they were not the shareholders of the acquiring company, ' shall be deleted.
230. In § 281 para. 1 (b). (b)), the word "business" and "business"
be deleted and the words "shares in the spin-off," the words "and
the founding legal act of the acquiring company does not allow
Companion owned more shares, ".
231. In § 281 para. 1 (b). (c)), the word "business" is deleted.
232. In section 282 paragraph 1. 2, after the words "limited liability company"
the words "an increase in deposits of shareholders or the creation of new shares".
233. In section 282 paragraph 1. 3 at the end of the text of subparagraph (c)), the words ",
or statement what proportion with the amount of the deposit a corresponding to each
of the partners ".
234. In § 283 paragraph. 4, the word "period" shall be replaced by the word "time".
235. In paragraph 285 para. 1 (b). (f)), the word "all" be deleted and the word
"all" is replaced by the word "other".
236. In § 286 paragraph 2. 1 (b). (b)), the words "the company being acquired or distributed"
replaced by the words "relevant stakeholders" and the word "acquired" after the words
"interim financial statements" shall be replaced by the words "relevant stakeholders".
237. In paragraph § 287b 1 the word "hold" is replaced by the word "custom", and on the
end of the text of paragraph 1, the words "and there is no change in their
founding legal proceedings ".
238. In § 287b, the following paragraphs 5 and 6 are added:
"(5) the shareholders of the acquiring company, whose deposits reach
at least 5% of the capital of the acquiring company before
the Division shall have the right to require that a general meeting of the acquiring
the company, in order to approve the Division within 1 month from the date on which
have been published in accordance with § 33 or published in accordance with § 33a of the data according to § 33
paragraph. 1 (b). (b)).
(6) If you want to change the social contract or the founding
of the Charter of the acquiring company referred to in paragraph 1, shall be required to
distribution of the merger agreement by the general meeting of the acquiring at least
company or its sole member. ".
239. In paragraph 288, the words "the time limits the repayment of deposits when the founding
the company, if they have been paid for deposits of all members "shall be replaced by
"the time to meet deposit obligations when establishing a company, if it was
accomplished ".
240. section 288a:
"section 288a
(1) is not met the deposit obligation of a shareholder of the company
drafting of the splitting of the company before the project, the project must
splitting of the control, in which the acquiring company or companies
This is the companion must meet the obligation and in what amount.
When the divestment obligation companion performs the distributed
company, unless it determines that the secession of a project is to be met, the deposit
some of the obligation of the recipient companies. In this case,
contains the partnership agreement or the memorandum of the acquiring
the company how and when to meet deposit obligations of this
Companion.
(2) a waiver of the obligation to deposit the Division by merging with
existing shareholders of the acquiring company or the partners
distributed by the company and in a split with the emergence of new companies
can occur only if there is a reduction of the capital of the acquiring
the company according to § 283 or distributed by the company procedure
According to § 266a of paragraph 1. 2. Waive the obligation to shareholders
the company can only be if so provided by the project
the distribution.
(3) if it is to be remitted to the partner the deposit obligation, they shall not apply
in the vote on the allocation of provisions of the Act, which governs the legal
ratios of commercial companies and cooperatives, on the prohibition of the exercise of voting
rights in the event that the partner is in default in repayment of the deposit. ".
241. In the heading of part III, title V, part 6, the word "business"
repealed.
242. In paragraph 289, the words "§ 97 to 99 and section 99b" shall be replaced by ' paragraph 97 to 99,
99B and 99 c ".
243. section 290 is added:
"§ 290
(1) the Division of a project also includes a joint-stock company
and) in connection with Exchange ratio when splitting an indication of how much
shares and what or what the recipient companies will be replaced with a
one share of the company, indicating their nature, form,
transferability, nominal value and any information concerning admission to the
trading on a regulated European market that will be replaced for the valuable
paper, book-entry securities or immobilised security, including
the detailed rules of the procedure in their Exchange, which contain at least
the manner and time for the presentation of the shares issued by the company being acquired as
Security for Exchange, Exchange, or if the number of shares
will not be either all or some shareholders exchanged, indicating the reason,
If this situation is known at the time of the merger project,
(b)) in connection with the exchange ratio when you split an indication of how much
What or which shares in the recipient companies will be allocated to a single
share of the company, indicating their nature, form,
transferability, nominal value and any information about their adoption
to trading on a regulated European market, whether these shares will
a valuable paper, book-entry securities or immobilised a valuable
paper, including detailed rules of procedure for their přidělovaní, which
contain at least the method and time for taking over the shares of the acquiring
the company, which are securities, are to be allocated, or if the indication of the
the fact that the shares of the acquiring company will not be either all or some
the shareholders of the company being divided are allocated, stating the reason, if the
This fact, known at the time of the merger project,
c) determine how will the Division by merging acquired shares of the acquiring
the company needed to replace,
(d) an indication of the impact of split) the merger or divestment of the shares
existing shareholders of the acquiring or distributed by companies, in particular
an indication of the fact that their shares are not subject to Exchange, or an indication that the
breaks down, that increases or decreases their nominal value or with
changing their type or form, whether an exchange of shares issued
for uncertificated securities, or immobilized securities or
Vice versa, including the rules of procedure for the exchange of or submission to the
the designation changes to the nominal value, which shall include at least the manner and period of time
for the submission of the shares in the acquiring company issued or distributed
as a security,
e) rights that the acquiring company will provide the owners of
securities or book-entry securities, which
they are not stocks, or zatímními leaves, where appropriate, measures for
It proposed,
f) procedure in the event that the shareholders of the companies involved a
the right to sell shares of the acquiring company pursuant to § 308, in particular the
on the time limit and the way the publication of public contract or about how
to exercise the right to repurchase shares under § 49a-49d, and
g) data about how many seats on the Supervisory Board or Management Board of the acquiring
joint-stock company to be filled by persons elected employees
acquiring joint-stock company, determine if the statutes of the acquiring
the company, stating that this space is not used and will be occupied by the
After the registration in the commercial register allocation.
(2) the starting point of the period for the submission of the securities cannot
precede the date of registration in the commercial register allocation.
(3) If a custom recipient companies of all the shares of the company
or distributed company, does not include the distribution of project data
referred to in § 250 (a). b), c) and (f)) and paragraph 1 (b). a) to (c)), and (f)). It
is true even if there is no exchange of shares any shareholder
company being acquired for a stake in the acquiring company from other
for legal reasons.
(4) has not issued if an interested Corporation on a share in stock
the company has not yet no participation or book-entry securities
participation securities, this fact shall be stated in the project.
In this case, is not in the project Division of the rules for the exchange of
the shares, but the rules for the issue of shares of the acquiring company. ".
244. In section 290b para. 1, after the words "Supervisory Board", the words "or
the Board "after the words" to be "with the words" according to the statutes ".
245. In section 290b para. 2, after the words "Supervisory Board", the words "or
the Governing Council ".
246. In paragraph 298 (a). and the number "), the following shall be inserted after" 299a and the word "and"
repealed.
247. In paragraph 298 (a). (b)), the word "commitment" is replaced by "obligation" and
at the end of subparagraph (b)), the dot is deleted and the following words "or 49a
where appropriate, ".
248. In paragraph 298, the following point (c)), which read as follows:
"(c)) does not have to be held by the General Assembly of one or more of the participating
companies warning for shareholders of participating companies
on their rights under section 306a para. 5. ".
249. In paragraph 300 para. 2, after the word "nominal" the words "or
accountants ", the word" form "shall be deleted and the end of the text of paragraph 2,
the words "or an exchange of securities in book-entry or
immobilized securities or vice versa ".
250. In Section 303 (b)):
"(b)) approval of the final accounts and lists of assets the acquiring
the company, if the record date is preceded by the distribution of copies of the project
distribution, where appropriate, interim financial statements, and ".
251. In the introductory part of the provisions of section 304 and section 304a, "where
will the existing shareholders of the acquiring company's shares exchanged for
shares of nominal value "shall be replaced by the words" If the increase
the capital of the acquiring company. "
252. In paragraph 305 of the introductory part of the provisions, the words "provided that the shares of the shareholders
the acquiring company shall be exchanged for shares of lower nominal value "
replaced by the words "will be to reduce the capital of the acquiring
the company ".
253. In section 305 (b). a) after the word "nominal" the words "or
accountants ".
254. In section 305 (b). (c)), the word "period" shall be replaced by the word "time".
255. In section 306a is at the end of the text of paragraph 1, the words "and there is no
to change any of the articles of Association of the acquiring company. "
256. In section 306a, the following paragraphs 5 and 6 are added:
"(5) the shareholders of the acquiring companies, whose shares are
at least 5% of the capital of the acquiring company before
the Division shall have the right to require that a general meeting of the acquiring
the company, in order to approve the Division within 1 month from the date on which
have been published in accordance with § 33 or published in accordance with § 33a of the data according to § 33
paragraph. 1 (b). (b)).
(6) if it is possible to change the articles of Association of the acquiring company referred to in
paragraph 1, requires the consent of at least the general distribution of the merger
meeting of the acquiring company or its sole member. ".
257. In paragraph 308 of paragraph 1. 1 introductory part of the provisions, the word "commitment"
replaced by the word "duty".
258. In paragraph 308 of paragraph 1. 2 (a). a) after the word "ratio", the words "and
the acquiring company is a joint-stock company ".
259. In § 310, paragraph 1 shall be deleted and shall be deleted at the same time marking
of paragraph 2.
260. § 314:
"§ 314
(1) the project distribution includes, in the case that the Division will participate in the
or is the successor company of other legal forms than the
the company or the company being divided, or that the successor company
at the same time changes its legal form, the Division by merging, these data
and how many shares of a particular species), forms, or the nominal value
receives a companion of a participating company with limited liability in Exchange for
its share of adjusted to the share split or when and whether the shares will be
released as a security with an indication of the time limits for the receipt, or as
book-entry securities or whether the immobilization of the shares or
b) data about what will be the amount of the deposit or deposits and the amount of the share or
the shares, which receives a shareholder of the company in Exchange for a joint-stock company
their shares in the split or to their shares in the spin-off and the rules
for the settlement with shareholders who disagreed with the distribution.
(2) where the company being acquired and the acquiring company joint-stock company
company limited liability company, or if the successor
joint-stock company the Division by merging the legal form of a company with a
limited liability company, contains draft terms of Division i notice for shareholders
the right to withdraw from the company pursuant to § 318 and the amount of compensation for
the owners of the securities or uncertificated participation
securities which are not shares or zatímními leaves with the rules
for her paycheck. The provisions of § 380 and 381 shall apply mutatis mutandis.
(3) if the deposit has not been paid or the issue price of the shares, enter this
in the project.
(4) for the exchange of shares for the shares and for the exchange of shares for shares of the
the provisions of § 289 and 307 shall apply mutatis mutandis. ";"
261. In paragraph 315, the existing text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) if the Division by merging all of the shares of the company being acquired or
distributed company with limited liability company without
regardless of their legal form, the consent of the general meeting or of a single
a companion to any of the participating companies is not required, unless the
some of the acquiring company changes its founding legal act
or its legal form. In this case, requires the consent of at least
the general meeting or the sole partner of the company. ".
262. In section 316, the existing text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) if the Division by merging all the shares of the company being acquired or
distributed by the joint stock company acquiring company regardless of the
of their legal form, the consent of the general meeting or the sole partner
None of the participating companies is not required, unless some
the acquiring company changes its founding legal act or its
legal form. In this case, requires the consent of at least of the General
meeting or the sole partner of the company. ".
263. In paragraph 317 paragraph. 1 (b)):
"(b)) the names and residence of persons to be members of the Board, and
name and address of the persons to be members of the Supervisory Board or the Board
of the Council. The provisions of § 252 this does not prejudice. ".
264. In paragraph 317 paragraph. 2, the word "business" is deleted.
265. In paragraph 318, paragraph 1 reads:
"(1) a shareholder of the company joint-stock company, which did not agree with this,
some of the successor company, whose Companion is to become as
project splitting after the registration in the commercial register, the distribution has
or should have the legal form of a limited liability company or shareholder
the acquiring company's stock, which has a distribution project
take the legal form of limited liability company, with such a division of
the merger, has the right of the interested public limited company
get off, if the shareholder of the joint stock company involved to
the date of the general meeting, which approved the split, and voted against the
approval of the Division. ".
266. In paragraph 318 para. 3, after the words "§ 160 up to" the words ", § 163 164
paragraph. 2 and 3 ".
267. In paragraph 318, the following paragraph 4 is added:
"(4) the acquiring company with a limited liability company, whose ownership of the
the share goes according to § 163 para. 2, is required to provide the shareholders
settlement amount corresponding to the fair value of the share that it
He walked over. The amount of the share of the settlement must be accompanied by the expert.
Experts from the obligation to pay the remuneration and reimbursement of the costs for the processing of
opinion here is transferred to the acquiring company which arose an obligation to
to pay the settlement amount. ".
268. In § 318a para. 1 the term "Division" is replaced by
"divestment".
269. In section paragraph 2 reads: 318a
"(2) the provisions of § 160 and 163, § 164 of paragraph 1. 2 and 3, § 165 paragraph. 1, § 165a and
§ 318 para. 4 the notice referred to in paragraph 1 and its consequences shall apply
accordingly. ".
270. In paragraph 319, the words "of the company or of the joint stock company"
After the words "for registration division" shall be deleted and the word "deadline"
replaced by the word "time".
271. § 320a reads as follows:
"§ 320a
(1) is not met the deposit obligation before the preparation of the project
splitting, splitting of the project must determine the extent to which successor
the cooperative or cooperatives, the Member is obliged to fulfill the obligation and
what amount. When the split holds the obligation rozdělovanému
the team, unless it determines that the secession of a project is to be the deposit obligation
met one of the recipient cooperatives.
(2) the waiver of deposit obligations can occur only if there is a reduction in the
the obligation to deposit in the project. ".
272. In paragraph 2 of section a Spartan army 1 the words "the obligation of the Member to repay the deposit"
replaced by the words "the deposit obligation".
273. In paragraph 2 of section a Spartan army 2 the term "period" is replaced with "time".
274. In § Spartan army para. 4, the first sentence is replaced by the phrase "if it was not
fulfilled the deposit obligation, you can conclude the agreement about the remission of the debt
only under the conditions referred to in paragraph 3. '.
275. In section 326 (a). (b)), the words "these cooperatives" shall be replaced by
"merging or distributed by the cooperatives".
276. In section 327 (b). (b)), the words "of the merging cooperatives and starting
the balance sheet for the cooperatives "shall be replaced by the words" the successor of the cooperative
and its opening balance sheet "and the word" merging "after the words" interim
financial statements "shall be replaced by the word" successor ".
277. section 328:
"§ 328
If the last annual or extraordinary financial statements of any
of the participating cooperatives, or interim financial statements, if
requires, or the final accounts has not been approved by the membership meeting
of the participating cooperatives before writing the Division into business
the register, it shall approve the membership meeting of the successor of the cooperative after registration
distribution in the commercial register. Approval of the opening balance sheet is in the
this case is not required. ".
278. In the third part of title VIII, title 2 reads as follows: "special provisions for the
the Division of housing cooperatives and social cooperatives ".
279. section 330:
"§ 330
(1) the distribution of housing cooperatives must be acquired, distributed and
all the acquiring cooperative housing associations only.
(2) the Division of social co-operatives must be acquired, distributed
and all successor cooperatives only social associations. ".
280. In paragraph 336c paragraph. 3 the words "(a). (h)) "shall be replaced by" subparagraph (a). (g)) "and
After the words "Supervisory Board" shall be inserted the words "or of the Administrative Board".
281. In paragraph 336d paragraph. 2 the term "period" is replaced by "period".
282. In paragraph 336d paragraph. 3, the word "period" shall be replaced by "period".
283. In § 337 paragraph. 1 the words "the company without liquidation shall be deleted;
and "and the words" including the rights and obligations of labor relations "
shall be deleted.
284. In § 341 of paragraph 1. 3 (b). (c)), the word "business" is deleted and at the end of
the text of subparagraph (c)) shall be added the words ", unless it is a piece shares".
285. In section 341a para. 1, the words "within the period" shall be replaced by the words "at the time".
286. In § 342 para. 1 to 4, the word "analogy" is replaced by
"mutatis mutandis".
287. In section 342a para. 1 the second sentence, the words "transfer project" are replaced by
the word "convert" and in the fourth sentence, the words "transfer project" are replaced by
the words "in this legal entity conversion".
288. In section 349 paragraph 2. 1 and section 354, the words "that the company be deleted without
disposal and "are deleted.
289. In § 355 paragraph 2. 1, the words "a removable or bonds
or vouchers for shares "shall be replaced by" other securities
or book-entry securities other than shares or interim
"and after the words" these securities "shall be inserted the words" or
book-entry securities '.
290. In § 355 paragraph 2. 2, the words "on the removable and bonds"
shall be deleted.
291. In § 358 paragraph 1. 2 the term "period" is replaced by "period" and the word
"period" shall be replaced by the word "time".
292. In paragraph 359c paragraph. 2 the term "period" is replaced by "period".
293. In paragraph 359c paragraph. 3, the word "period" shall be replaced by "period".
294. In paragraph 361 (c). f), the words "the statutory body or its members"
replaced by the words "the members of the Board" and "Supervisory Board"
the words "Board of Directors".
295. In § 361 (c). g), the words "or a member of the ' shall be deleted.
296. In paragraph 361 (c). (h)), the words "removable or priority
the bonds and the warrants "shall be replaced by the words" of the securities
or book-entry securities, which are not shares
or zatímními leaves ".
297. In § 361 (c). I) in point 1, the words "statutory body or"
shall be deleted.
298. In paragraph 361 (c). I) point 2, the words "the members of the Supervisory Board"
the words "or of the Administrative Board".
299. In paragraph 361 (c). j) point 1 shall read:
"1. the number, type, the form and nominal value of shares intended for everyone
After the registration of the shareholder's change of legal status in the commercial register, an indication,
whether the shares will be issued as a security or as a book-entry security
paper or will be immobilized, and the rules of procedure, and the time for their
release ".
300. In paragraph 361 (c). (j)), point 2, the words "information about" the words
"or" and the words "Board of Trustees" with the words "or the administrative
the Council ".
301. In paragraph 362 para. 2, after the words "Supervisory Board", the words "or
the Governing Council ".
302. paragraph 364:
"§ 364
If you are changing the legal form of the company or cooperative to a company with
limited liability company, partnership agreement or memorandum
society with limited liability does not contain information about the Manager of the deposit,
the first jednatelích and the members of the Supervisory Board and of the means and the time for
meet deposit obligations when establishing a company, if it has been
met. ".
303. section 364a reads as follows:
' paragraph 364a
(1) if at the time the project changes to the legal form of the met
the deposit obligation, the Member contribution or the issue price of shares, this shall be
fact in the project change in legal form for each partner or
Member, with an indication of how and when to meet deposit obligations,
of capital or issue price.
(2) in the event that the time for compliance with the obligation to deposit
current partner or a member of a is longer than the term provided by law
for the form of the company or cooperative, which has to acquire a company or
team changing its legal form, time in the project must not be changes to the rules
forms of established longer than the term provided by law. Run the statutory period
calculated from the date of entry of the change of legal form to the commercial register. ".
304. In paragraph 365 of paragraph 1. 1 the words "the day the processing of the change in legal form"
shall be replaced by "this day".
305. In paragraph 365 of paragraph 1. 2 the words "the law on Auditors ' is replaced by
"special legislation".
306. In paragraph 365 of paragraph 1. 4, after the words "prepared a project" shall be replaced
"changes".
307. In paragraph 367 of paragraph 1. 3, the word "period" shall be replaced by "period".
308. In paragraph 371 of paragraph 1. 1, after the words "Supervisory Board", the words "or
the Board "after the words" to be "with the words" in accordance with
the articles of Association ".
309. In paragraph 371 of paragraph 1. 2, after the words "Supervisory Board", the words "or
the Governing Council ".
310. In paragraph 372 paragraph 2. 1 the term "time limits" shall be replaced by the word "time".
311. In paragraph 372 paragraph 2. 2 the term "period" is replaced by "period".
312. In paragraph 373 with the word "commitments" shall be replaced by "debt".
313. In § 377, the word "transformation" and the words "on the conversion of ' shall be deleted.
314. In paragraph 379 of paragraph 1. 2, the words "within the period" shall be replaced by the words "at the time" and on the
the end of paragraph 2, the following sentence "the provisions governing sales released
share under the law governing legal relations of companies and
cooperatives do not apply. ".
315. in paragraph 379, the following new section 379a, which reads as follows:
"section 379a
(1) a limited liability company with the legal form of the public
commercial company or limited partnership, registration of changes
legal forms in the commercial register of the partnership agreement so that the
deleted data on the partner of the company.
(2) a limited liability company legal form joint-stock
the company is gaining share in the equity of the company that had acquired
a partner who stepped out from the company, the company itself. ".
316. § 380:
"§ 380
If the Corporation has issued other securities or
book-entry securities other than shares or interim certificates,
shall expire on the date of entry of the change of legal form to the commercial register law
to subscribe for shares or to Exchange bonds for shares in the company. ".
317. § 381:
"§ 381
(1) owners of securities or book-entry securities
securities specified in § 380 confers the right to appropriate compensation for lost
law, whose amount is determined by the project change in legal form. The adequacy of the
the refund must be accompanied by the expert. A refund shall not be made before the
registration of the change of legal status in the commercial register and before they
secured creditors ' claims under this Act.
(2) if the refund granted, reasonable, owners
of securities or book-entry securities may demand
to determine the amount of compensation the Court. The provisions of § 47 shall apply mutatis mutandis. ";"
318. In paragraph 382 of paragraph 1. 3, after the words "§ 160 to 164", the words "§
165 paragraph. 1, § and § 379a paragraph 165a. 1 "and the word" analogy "is replaced by
the word "reasonably".
319. In paragraph 384, after the words "home team" the words "or
the social cooperative "and the words" members of housing "are the words
"or social".
320. In paragraph 384d paragraph. 1 (b)):
"(b)) presented the founding legal act, the content of which meets the
the requirements of Czech law in the change of legal form, and ".
321. In section 384g, the words "§ 365 paragraph. 4, section "shall be replaced by" 365 ".
322. In § 384k, the word "period" shall be replaced by "period".
323. In paragraph 384l paragraph. 1 the word "commitments" shall be replaced by "debt" and
the words "for the change of legal form pursuant to section 384g shall be deleted.
324. In § 384n, the word "period" shall be replaced by "period".
PART OF THE SIXTIES OF THE NINTH
Amendment of the Act on certain measures against the legalization of proceeds of crime
the activities and financing of terrorism
Article. LXXXII
Act No. 253/2008 Coll., on certain measures against the legalization of proceeds from
crime and the financing of terrorism, as amended by Act No 227/2009
Coll., Act No. 281/2009 Coll., Act No. 285/2009 Coll., Act No. 199/2010
Coll., Act No. 139/2011 Coll., Act No 420/2007 Coll., Act No. 428/2011
Coll., Act No. 457/2011 Coll., Act No. 18/2009 Coll., Act No. 377/2012
Coll. and Act No. 399/2012 Coll., is amended as follows:
1. In article 2 (2). 1 (b). (b)) paragraph 12, the word "undertakings" shall be replaced by
"business establishments ^ 9)".
Footnote 9 is added:
"9) § 502 of the civil code.".
2. In article 2 (2). 1 (b). g) in point 1, the word "undertaking" ^ 9) "shall be replaced by
"the business establishment ^ 9)".
3. In article 2 (2). 1 (b). h) point 2 is added:
"2. the negotiations on behalf of the legal person, or other person in a similar
position, if the performance of this service is only temporary and is related to the
the establishment and management of a legal person, ".
4. In section 4, paragraph 4. 4 (b). and) point 1 and section 4, paragraph 4. 5 (b). and the word)
"company" shall be replaced by the words "business establishment ^ 9)".
5. In section 4, paragraph 4. 4 (b). (c)), the words "under another legal
prescription ^ 16) "shall be replaced by the words" under another legal Association
prescription ^ 16), the Institute ".
Footnote No. 16 reads as follows:
"16) § 214 to 302 of the civil code.".
6. In article 11 (1) 4, the words "at a distance" is replaced by "distance
in a way ".
PART OF THE SEVENTIES
Amendment of the Act on the police of the Czech Republic
Article. LXXXIII
Act No. 273/2008 Coll., on the police of the Czech Republic, as amended by Act No.
41/2009 Coll., Act No. 153/2010 Coll., Act No. 150/2007 Coll., Act No.
341/2010 Coll., Act No. 375/2007 Coll., Act No. 459/2011 Coll. and act
No 105/2013 Coll., is amended as follows:
1. in section 24 para. 2, "divested of legal capacity or
the person, whose capacity to act "are replaced by the words" whose
legal capacity ".
2. in section 24 para. 2, after the words "legal guardian", the words "or
guardian ".
3. in section 26 paragraph 4 is added:
"(4) If a police officer shall ensure that the person of a minor or a person who is not
criminally liable, is obliged to inform about this fact immediately
her guardian, guardian or school or educational
the device from which the person ran away, or other similar device
where is this person located on the basis of a court decision or on the
the basis of the consent of the legal representative or guardian. Legal
Representative, the guardian or the devices are required, without undue
delay to ensure the removal of that person from the Department in which the person is ensured.
The police may exceptionally carry the person herself, this person has, its
legal representative or guardian of an obligation to reimburse the costs of transport.
Police secured the person who ran away from the performance of institutional care,
protective care or interim measures, be transferred to the nearest
capturing workplace diagnostic Institute, the educational establishment, if it is not
from which the person ran away, closer than this capturing of the workplace. ".
Footnote 7 is repealed.
4. In section 44 para. 2 the words "civil procedure" ^ 12) "are replaced by
the words "law on the special legal proceedings".
5. Footnote 12 is deleted.
6. In paragraph 46 (a). a), the words "civil procedure" ^ 12) "are replaced by
the words "law on the special legal proceedings".
7. § 47 para. 3 the words "civil procedure" ^ 12) "are replaced by
the words "law on the special legal proceedings".
8. In § 63 para. 6, the words "If the missing person Is deprived of
competence to perform legal acts "shall be replaced by the words" If the legal capacity
missing persons is limited ".
9. In § 63 para. 6, the words "legal representative" shall be replaced by
"the guardian".
10. In article 65 paragraph 1. 1 (b). (d)), the words "which does not have the capacity to
capacity in full "be replaced by" whose legal capacity is limited ".
11. In § 95 para. 1, 3 and 5, the words "responsible for" is replaced by "is
obliged to compensate ".
12. In § 95 para. 3 (b). and), the word "liability" shall be replaced by
"the obligation to pay compensation".
13. in § 95 para. 4, the words "on liability for damage to health in the
certain special cases ' shall be deleted.
THE FIRST PART OF THE 1970S
Amendment of the Act on basic registers
Article. LXXXIV
In section 26 of Act No. 111/2009 Coll., on basic registers, as amended by law
No 424/2010 Coll., shall at the end of paragraph 2, the period is replaced by a comma and
the following letters about) to q) are added:
"about the status of public benefit),
p) date of authorization the registration status of public benefit,
q) date of withdrawal or loss of status of public benefit. ".
THE SECOND PART OF THE SEVENTIES
Amendment of the Act on insurance
Article. LXXXV
Act No. 277/2009 Coll., on insurance, as amended by Act No. 409/2010
Coll., Act No. 188/2007 Coll., Act No 420/2007 Coll., Act No. 428/2011
Coll., Act No. 458/2011 Coll., Act No. 18/2009 Coll., Act No. 399/2012
Coll., Act No. 99/2013 Coll. and Act No. 228/2013 Coll., is amended as follows:
1. In article 2 (2). 2 (a). (b)) and in section 3, paragraph 3. 6 (a). (b)), the word "business"
replaced by the words "business establishment".
2. In article 3, paragraph 3. 1 (b). e), the words "within the meaning of the commercial code"
shall be deleted.
3. In paragraph 3, at the end of paragraph 2, the period is replaced by a comma and the following
q) and r) are added:
"q) by the Member State in which the insurance risk insured
insurance policy relating to non-life insurance, the Member State
1. on whose territory are insured the buildings, their components,
accessories and things that are in them, if they are insured
the same insurance policy,
2. where the insured person is registered means of transport, irrespective of its
type,
3. where the policy holder has entered into an insurance contract for a period of 4 months or less,
concerning the insurance risks associated with travel, regardless of the
the insurance industry, or
4. in which the policyholder has as a natural person is resident or established, or
as a legal person, its registered office or branch, if it is about
cases that are not listed in points 1 to 3,
r) Member State of the commitment of the Member State in which the policy holder who
He concluded the insurance contract relating to life insurance, residence,
or if the policy-holder is a legal person, the Member State in which the
registered office or a branch of such legal person, to which the contract
relates. ".
4. In article 3, paragraph 3. 3 (b). a), the words "in the other companies"
replaced by the words "or of the members in the other business corporation".
5. In section 3, paragraph 3. 3 (b). (b)), the words "of the administrative, management or supervisory"
replaced by the words "of the statutory or control" and the words "of the company and
It is also a partner of such companies "shall be replaced by
"corporations, and is also a companion or a member of such corporation".
6. In section 3, paragraph 3. 3 (b). (c)), the word "company" shall be replaced by
"Corporation", after the word "Companion", the words "or a member of the"
the word "concluded" shall be replaced by the word "concluded" and the word "company"
replaced by the word "Corporation".
7. in section 3, paragraph 3. 3 (d)):
"(d)) is a member or a member of any other Corporation and
1. most of the members of the statutory or control body of the Corporation
She was appointed exclusively by the use of its voting rights, unless the
However, any other person in respect of the controlled person the rights referred to in (a)),
(b)), or (c)), or
2. carries out on the basis of an agreement concluded with other shareholders or
the members of this corporation the majority of voting rights of the shareholders or members in the
This Corporation, or ".
8. In section 3, paragraph 3. 4 (b). (b)) (2) the word "undertaking" shall be replaced by
"commercial establishment".
9. in section 3, paragraph 3. 6 (a). I), paragraph 4, the words "management or supervisory"
replaced by the words "or control".
10. In section 3, paragraph 3. 6 at the end of the text of the letter j), the words "or is
responsible for the control of this activity ".
11. In paragraph 6 (1). 2, the word "company" shall be replaced by the word "Corporation".
12. In section 8 paragraph 1. 1 (b). (b)), the words "commercial code" shall be replaced by
the words "the law governing legal relations of companies and
cooperatives ".
13. in article 15, paragraph 2. 1 (b). (c)), the word "physical" is replaced by "or
business name or the name and address of the ", the words" Board of Directors "
replaced by the words "statutory authority" and the words "the Audit Commission"
the words "or other body with similar control
scope ".
14. in article 15, paragraph 2. 2 (a). and u) the words "joint-stock company also
the articles of the Treaty or Charter, "shall be deleted.
15. in section 18 para. 6 the last sentence, the words "shall not apply to section 215 and 216
paragraph. 1 and 2 of the commercial code "are replaced by the words" does not apply to section 517 paragraph.
2 and § 518 law governing legal relations of companies and
cooperatives ".
16. in section 28 para. 2 and in annex 1, part B, points 10 to 13, the word
"damage" is replaced by the word "harm".
17. in § 37 para. 1 (b). (c)), the word "physical" is replaced by "or
business name or the name and address of the ", the words" Board of Directors "
replaced by the words "statutory authority" and the words "the Audit Commission"
the words "or other body with similar control
scope ".
18. in § 37 para. 2 (a). and) the words "the articles of association or
the Charter, "shall be deleted.
19. in section 70 para. 1 letter h) is added:
"h) immovable property on the territory of the Member States, both directly and the acquired
through
1. shares of real estate companies or
2. securities issued by investment fund or foreign
Investment Fund, whose home State is a Member State, and which is
entitled to provide investment in the territory of a Member State, subject to the
the conditions of paragraph 6, ".
20. In paragraph 70, the following paragraphs 4 to 6, including footnote
# 39:
"(4) real estate companies for the purposes of this Act, a joint-stock
company, limited liability company or similar legal entity
According to the foreign law, the subject of business or activity is
exclusively to the acquisition of immovable property, including their accessories,
the operation of immovable property ownership and transfer for consideration of the
the ownership of immovable things, for profit.
Real estate company can be only immovable property on the territory of
of the Member States.
(5) the inclusion of participation in the real estate company in financial investments
referred to in paragraph 1 (b). (h)) is permissible, if the undertaking is a
Companion, which has voting rights that enable you to change
social contract, articles of Association, or other similar articles
documents, and has a corresponding share of the registered capital, or
the securities of real estate companies, and if real estate
the company meets the following conditions
and cash only) allows the shareholders or members,
(b)), its shareholders or members to fully repay its deposits,
c) invests only in existing immovable property, which is their
the sole owner,
(d)) shall not acquire immovable property for the purposes of the construction, and estimated time
duration of investment in immovable property is not less than 3 years,
e) immovable property owned by real estate investment companies
are fully insured, and insurance is taken out with an insurance company that
does not belong to the same group that exposes the required a consolidated
the financial statements, as a real estate investment company, or insurance company,
(f)) does not have shares in another company or cooperative,
g) that stores only the funds to
1. deposits, with which it is possible to freely dispose, or term
deposits with maturity not more than 1 year, if the deposits with the
banks, branches of foreign banks or foreign banks that comply with the
the prudential rules under the law or the rules of the European Union, which
The Czech National Bank considered equivalent,
2. Treasury bills and other foreign securities,
securities issued by a Member State,
3. bonds issued by a Member State or of the international financial
institutions with initial maturities of not more than 3 years,
h) enters into derivatives, unless it is a hedging derivatives.
(6) the classification of securities investment fund or foreign
^ 39) investment fund into the financial position pursuant to paragraph 1. (h))
It is permissible, if the following conditions are true
and) the Fund invests its assets exclusively in immovable property on the territory of the
Member States or real estate companies which meet the conditions
paragraph 5,
(b) it complies mutatis mutandis) Fund the conditions referred to in paragraph 5 (b). a) to (e)), and (g))
and (h)),
(c)) is a member of the Fund, the insurance company that has voting rights,
that allow you to change the social contract, articles of Association, or other similar
the founding documents of the Fund, and has the appropriate share of the
capital or equity securities of the Fund. Condition based on
the first sentence shall not apply if the investment or share is represented by the
securities of an open investment fund or foreign
an investment fund or the fund adopted by the securities to trading on a
European regulated market or in a multilateral trading system,
established in a Member State.
39) section 97 of the law on investment companies and investment funds. "
21. in § 73 para. 3 (b). (d)), the words "commercial code" shall be replaced by
the words "the law governing legal relations of companies and
cooperatives ".
22. in § 73 para. 4 (b). (b)), the word "estate" is replaced by
"nemovitými things".
23. in section 74 para. 3 the words "movable or immovable" shall be deleted.
24. In § 95 para. 2 (a). (c)), the words "Board of Directors, supervisory board or
the Audit Commission "shall be replaced by" of the statutory or supervisory body ".
25. In § 95 para. 2 (a). (f)) and in section 113 para. 2 (a). (c)), the words "damage
in "be replaced by" of ".
26. in § 97 para. 1 (b). (c)) and in § 99 paragraph 2. 4 (b). and the word)
"Board of Directors" is replaced by "statutory authority".
27. in § 100 para. 1 the second sentence, the words "having the capacity to perform legal acts"
shall be replaced by the word "competent".
28. in section 124 para. 1 the first sentence, the words "eligible to act"
shall be replaced by the word "competent".
29. in section 124 para. 5, the words "with the commercial code" shall be replaced by
"the law governing the legal relations of the companies and
cooperatives ".
30. In section 128 paragraph 1. 1, letter k) the following point (l)), which read as follows:
"l) the bailiff under the law governing the activity of the judicial
the executors and the execution, ".
31. in section 128 is at the end of paragraph 2 the following sentence "the information referred to in
paragraph 1 (b). l) is provided for the payment of costs with the United. ".
32. in section 129 is added to § 129a, which reads as follows:
"§ 129a
(1) the insurance company will allow on the basis of a written request from an authorized person,
their investigation of a claim, to inspect the file of the person
maintained by the insurer in connection with this event or the like
a record of the progress of the investigation of the incident and take from it in return for payment
extracts or copies of the records that relate to the reason
indemnity or refusal of its calculation. This is not a
without prejudice to the obligation on insurance companies to disclose facts
under section 127.
(2) an insurance undertaking does not comply with the request referred to in paragraph 1, if, on the basis of the
its written query competent authority because of the threat of management
the crime or the hearing of the administrative offense in the consultation of the file
insurance companies shall inform their opposition. The insurance company is required to send
This query to the competent authority in writing within 30 days from the date of submission of the application
referred to in paragraph 1, if it was in connection with an insurance event
initiated criminal or administrative proceedings. ".
33. the following section is inserted after section 132 132a, which including the title reads as follows:
"section 132a
Compulsory insurance
(1) where the law of a Member State obligation to negotiate certain
insurance, this obligation is met only if the insurance
contract is concluded in accordance with the legislation of the Member State which
involve this private insurance. If the insurance risk to the
the territory of several Member States, applies to the insurance contract law of the Member
of the State which imposes the obligation to negotiate a specific insurance.
(2) If, in a Member State which imposes the obligation to negotiate certain
insurance is an insurance company authorized to notify the authorities
any cessation of private insurance, then this may be against extinction
injured third parties only in the circumstances adduced by the insurance company
laid down by the laws of that State. ".
34. In § 138 para. 1 the words "commercial code" shall be replaced by
"the law governing legal relations of commercial companies and cooperatives".
35. In annex 1, part B, point 1(a). (b)) and 2 (a). (b)), the word
"damages" is replaced by the word "injury".
36. in annex No. 1, part C, point (a). (f)), the word "damages" is replaced by
"the injury".
Article. LXXXVI
Transitional provision
Authorisation to engage in insurance activities granted for insurance
the sector referred to in annex 1, part B, to the Act No 227/2009 Coll., on
the version in force before the date of entry into force of this law, shall be construed as
authorisations granted for classes of insurance referred to in annex 1, part B, to
Act No. 277/2009 Coll., in the version in force from the date of entry into force of
of this Act.
THE THIRD PART OF THE ' 70S
Amendment to the law on financial collateral arrangements
Article. LXXXVII
Act No. 408/2010 Coll., on financial collateral arrangements is amended as follows:
1. In paragraph 2 (a). and) the words "of the shops ' are replaced by ' of the Treaties ' and
the word "stores" shall be replaced by the word "treaties".
2. In paragraph 2 (a). (e)) and section 7 (1). 4 (b). (b)), the word "loan" shall be replaced
the word "lease".
3. In paragraph 2 (a). (e)), the word "situation" shall be replaced by
"the undertaking".
4. Footnote 5 is deleted, including a link to the note
below the line.
5. In article 7 (2). 1 (b). (c)), point 8, the word "undertakings" shall be replaced by
"business establishments".
6. In article 7 (2). 1 at the end of the text of the letter m), the words "with the legal
personalities ".
7. In article 7 (2). 4 (b). (b)), the word "lender" is replaced by
"zapůjčitel".
8. In paragraph 8 of the text at the end of paragraph 1, the words "shall be added; This is not a
without prejudice to section 7 (2). 4 (b). (d)) ".
9. In section 8 paragraph 1. 2 the term "Act" is replaced by the word "acts".
10. In paragraph 11, the word "additions" replaced by the word "fruit".
11. in section 17(2). 2, the words "or forfeiture" shall be deleted and the words "or
confiscation or "shall be replaced by the word" or ".
12. In the title of section 22, the words "and commercial" are deleted.
THE FOURTH PART OF THE SEVENTIES
Amendment of the Act on health services
Article. LXXXVIII
Law No. 372/2007 Coll., on health services and conditions of their
provision (law on health services), as amended by Act No. 167/2012
Coll., Constitutional Court declared under no 437/2012 Coll. and Act No.
66/2013 Coll., is amended as follows:
1. In section 14 para. 1 (b). (b)) and § 16 para. 1 (b). (b)), the words "eligible
legal capacity "are replaced by the word" enjoys ".
2. in section 18 para. 1 (b). (b)) § 18 section 1, para. 2 (a). c) point 1, section 19
paragraph. 2 (a). and section 22 (a)). (c)), § 105 para. 2 (a). (b)) (2) the word
"company" shall be replaced by "race", and in section 18 para. 2 (a). (c)), point 1,
the word "business" is replaced by "race".
3. in section 28 para. 3 (b). e) of point 2, the words "legal representative,
where appropriate, the persons designated by the legal representative "are replaced by
"a guardian, or a person specified by the guardian" and the words "deprived of
the eligibility of legal capacity or a person with limited competence to
legal capacity "are replaced by the words" whose legal capacity is limited "and
the words "(hereinafter referred to as" the patient free of interdicted ")"
replaced by the words "(hereinafter referred to as" patient with limited legal capacity ")".
4. in section 28 para. 4, the words "that person is divested to
legal capacity "are replaced by the words" with limited legal capacity ".
5. in § 31 para. 5, the words "deprived of legal capacity"
replaced by the words "with limited legal capacity" and the words "lawful
the representatives of "the words" or guardian ".
6. In § 32 para. 3, § 35 para. 4, § 38 paragraph 1(a). 2 and the third sentence of paragraph 67
the words "deprived of legal capacity" are replaced by the words "with the
limited legal capacity ".
7. in section 34 para. 7, the words "persons eligible to act in"
replaced by the words "enjoys the relatives".
8. In section 35 para. 1 the words "eligibility of individuals to legal
acts "shall be replaced by" the legal capacity of natural persons ".
9. In § 36 odst. 6, the words "deprived of legal capacity"
replaced by the words "with limited legal capacity".
10. In article 38 paragraph 2. 1 (b). and (3) the words) "code of civil procedure"
replaced by the words "the law on the special legal proceedings".
11. In article 38 paragraph 2. 2, after the words "legal representative" the words
"or guardian".
12. In article 38 paragraph 2. 4 and 5, the words "deprived of legal
acts "shall be replaced by" with limited legal capacity ".
13. in § 39 para. 3 (b). (b)), after the words "legal representative"
the words "or guardian" and after the words "legal representative" shall be inserted after
the words "or guardian".
14. in section 40 para. 1 (b). a), the words "or the legal representative" are replaced by
the words ", the legal representative or guardian".
15. In § 41 para. 2 at the end of the first sentence, the words "or
the guardian "and the second sentence, after the words" legal representative "
the words "or guardian".
16. in § 41 para. 3, after the words "legal representative" the words "or
the guardian ".
17. in § 41 para. 4, the words "or the legal representative" are replaced by the words ",
legal representative or guardian ".
18. in § 45 para. 4 (b). and) the words "person eligible to
legal capacity "are replaced by the words" competent person ".
19. in § 47 para. 1 (b). (b)), the words "or persons" shall be replaced by
"or a guardian, or a person by them".
20. In § 47 para. 1 (b). (b)) and section 67 of the third sentence, the words "deprived of their
competence to perform legal acts "shall be replaced by the words" with limited
legal capacity ".
21. in § 51 para. 1 (b). (d)), after the words "legal representative"
the words "or guardian".
22. In article 65 paragraph 1. 1 (b). a), the words "or the legal representative" are replaced by
the words ", the legal representative or guardian".
23. in section 65 paragraph 1. 1 (b). (b)), the words "or legal guardian"
replaced by the words ", the legal representative or guardian".
24. In paragraph 67 of the third sentence, the words "deprived of their competence to perform legal acts"
replaced by the words "with limited legal capacity".
25. In § 71 para. 3 letter i) reads as follows:
"i) limitation of incapacitation,".
26. in § 71 para. 3 (b). the introductory part of the provisions of the), the words "osvojeném
the child "shall be replaced by the word" adoptee ".
27. in § 71 para. 3 (b). o) paragraphs 2 and 3, the word "child" is replaced by
the word "adopted".
28. in § 71 para. 3 (b). about) section 4, the words "of a child who is born
abroad, the place and the State where he was born "are replaced by the words" the adopted child,
who was born in a foreign country, the place and the State where he was born. "
29. in § 71 para. 3 (b). o) clause 7, the word "child" is deleted.
30. In § 71 para. 4 the letter j) is added:
"j) limitation of incapacitation,".
31. in § 71 para. 4 (b). p) the introductory part, the words ' the provisions of the osvojeném
the child "shall be replaced by the word" adoptee ".
32. In § 71 para. 4 (b). p) points 2 and 3, the word "child" is replaced by
the word "adopted".
33. In § 71 para. 4 (b). p) clause 7, the word "child" is deleted.
34. In § 71 para. 8 letter e) is added:
"(e) the address of the place of stay) the legal representative of the patient, that is
a minor, or a guardian of a patient with limited legal capacity,
that on account of their State of health or age is not able to communicate to the
the information needed to find a legal representative or guardian, or
the deceased patient who was a minor or a person with reduced
legal capacity. ".
35. In section 93 para. 1 (b). (b)), after the words "legal representative"
the words "or guardian".
36. In § 94 paragraph. 2, the words "or the legal representative" are replaced by the words ",
legal representative or guardian ".
PART OF THE 1970S TO THE FIFTH
The EFFECTIVENESS of the
Article. LXXXIX
This Act shall take effect on 1 January 2000. January 2014.
Zeman in r.
Samantha r in r.