139/2015 Sb.



LAW



of 27 June. may 2015



amending the Act No 99/1963 Coll., the code of civil procedure, as amended by

amended, law No 120/2001 Coll., on judicial executors and

enforcement activities (procedure) and amending other laws, as amended by

amended, and Act No. 256/2013 Coll., on real estate

(cadastral law)



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



To change the code of civil procedure



Article. (I)



Act No. 99/1963 Coll., the code of civil procedure as amended by Act No. 36/1967

Coll., Act No. 158/1969 Coll., Act No. 49/1973 Coll., Act No. 20/1975

Coll., Act No. 133/1982 Coll., Act No. 180/1990 Coll., Act No. 328/1991

Coll., Act No. 519/1991 Coll., Act No. 263/1992 Coll., Act No. 24/1993

Coll., Act No. 171/1993 Coll., Act No. 117/1994 Coll., the Act No. 152/1994

Coll., the Act No. 216/1994, Coll., Act No. 84/1995 Coll., Act No. 118/1995

Coll., Act No. 160/1995 Coll., Act No. 237/1995 Coll., Act No. 247/1995

Coll., the finding of the Constitutional Court declared under no. 31/1996 Coll., Act No.

142/1996 Coll., the finding of the Constitutional Court declared under no 269/1996 Coll.,

Act No. 202/1997 Coll., Act No. 227/1997 Coll., Act No. 15/1998 Coll.

Act No. 91/1998 Coll., Act No. 165/1998 Coll., the Act No. 326/1999 Coll.

Act No. 360/1999 Coll., the finding of the Constitutional Court declared under no.

2/2000 Coll., Act No. 27/2000 Coll., Act No. 30/2000 Coll., Act No.

46/2000 Coll., Act No. 105/2000 Coll., Act No. 130/2000 Coll., Act No.

155/2000 Coll., Act No. 204/2000 Coll., Act No. 220/2000 Coll., Act No.

227/2000 Coll., Act No. 367/2000 Coll., Act No. 370/2000 Coll., Act No.

120/2001 Coll., Act No. 137/2001 Coll., Act No. 231/2001 Coll., Act No.

271/2001 Coll., the finding of the Constitutional Court declared under no. 276/2001 Coll.

Act No 317/2001 Coll., Act No. 451/2001 Coll., Act No. 491/2001 Coll.

Act No. 501/2001 Coll., Act No. 151/2002 Coll., Act No. 202/2002 Sb.

Act No. 226/2002 Coll., Act No. 309/2002 Coll., Act No. 320/2002 Coll.

the finding of the Constitutional Court declared under no. 476/2002 Coll., Act No.

88/2003 Coll., Act No. 120/2004 Coll., the finding of the Constitutional Court declared

under no 153/2004 Coll., Act No. 235/2004 Coll., Act No. 257/2004 Coll.

Act No. 340/2004 Coll., Act No. 436/2004 Coll., Act No. 501/2004 Coll.

Law No 554/2004 Coll., Act No. 555/2004 Coll., Act No. 628/2004 Coll.

Act No. 59/2005 Coll., Act No. 170/2005 Coll., Act No. 205/2005 Coll.

the Act No. 216/2005 Coll., Act No. 342/2005 Coll., Act No. 377/2005 Coll.

Act No. 383/2005 Coll., Act No. 413/2005 Coll., Act No. 56/2006 Coll.

Act No. 57/2006 Coll., Act No. 79/2006 Coll., Act No. 112/2006 Coll.

Act No. 115/2006 Coll., Act No. 115/2006 Coll., Act No. 133/2006 Coll.

Act No. 137/2006 Coll., Act No. 135/2006 Coll., Act No. 189/2006 Coll.

the Act No. 216/2006 Coll., Act No. 233/2006 Coll., Act No. 264/2006 Coll.

Law No 267/2006 Coll., Act No. 308/2006 Coll., Act No. 315/2006 Coll.

Act No. 296/2007 Coll., Act No. 104/2008 Coll., Act No. 123/2008 Coll.,

Act No. 126/2008 Coll., Act No. 129/2008 Coll., Act No. 259/2008, Coll.,

Act No. 274/2008 Coll., Act No. 297/2008 Coll., Act No. 305/2008 Coll.,

Law No. 384/2008 Coll., Act No. 7/2009 Coll., Act No. 198/2009 Sb.

Act No. 218/2009 Coll., Act No. 227/2009 Coll., Act No. 281/2009 Sb.

Act No. 285/2009 Coll., Act No. 286/2009 Coll., Act No. 420/2009 Sb.

the finding of the Constitutional Court declared under no 48/2010 Coll., Act No.

347/2010 Coll., Act No. 409/2010 Coll., Act No. 69/2011 Coll. award

The Constitutional Court declared under the No 80/2011 Coll., Act No. 139/2011 Sb.

Act No. 186/2011 Coll., Act No. 188/2011 Coll., Act No. 218/2011 Sb.

Act No. 355/2011 Coll., Act No. 364/2011 Coll., Act No. 420/2011 Sb.

Law No. 458/2011 Coll., Act No. 470/2011 Coll., the finding of the Constitutional Court

declared under No 147/2012 Coll., Act No. 167/2012 Coll., Act No.

202/2012 Coll., Act No. 334/2012 Coll., the finding of the Constitutional Court

declared under the no 369/2012 Coll., Act No. 396/2012 Coll., Act No.

399/2012 Coll., Act No. 401/2012 Coll., Act No. 404/2012 Coll., Act No.

45/2013 Coll., Act No. 241/2013 Coll., Act No. 293/2013 Coll., Act No.

252/2014 Coll. and Act No. 87/2015 Coll., is hereby amended as follows:



1. In section 149 shall be inserted after paragraph 2, a new paragraph 3 is added:



"(3) Represent a participant, which has been attributed to the reimbursement of costs

proceedings, other than a representative under section 137, paragraph. 2, is the one which has been

ordered to pay these costs, shall be obliged to pay it to the participant. "



The former paragraph 3 shall become paragraph 4.



2. Article 151 paragraph 2, the following paragraph 3 is added:



"(3) a party who was not represented by a representative in the proceeding pursuant to § 137

paragraph. 2 and that does not justify the amount of the cash expenses of his or her other

a representative of the Court shall pay the flat rate of the intended specific legal

the code. The flat-rate compensation includes cash expenses of the participant and his

representative; It does not include, however, pay the court fee. ".



Paragraphs 3 to 5 shall be renumbered as paragraphs 4 to 6.



3. In paragraph 2 of section 255:



"(2) a participant in the proceedings is also the husband of the debtor if the performance

the decision been suffering from his assets or the assets in the common equity

the spouses. "



4. Article 255, paragraph 3 is deleted.



5. section 262a is added:



"section 262a



(1) before a regulation enforcement on assets in the common equity

the spouses, the Court finds that it is in the list of instruments of marital property

mode according to the notarial regulations administered by registered contract of matrimony

securities scheme or court decision on cancellation of common property

the spouses, to restore or narrowing of the scope of its existing, or

the agreement or court decision on change of the agreed mode or mode

founded by a court decision.



(2) the Court in the enforcement decision is based on the content of the documents referred to in

paragraph 1, with respect to pry the debt obligation arising after the

registration in the List of instruments of the marital property regime or, in the case of

pry the debt obligation arising prior to its entry in the list

documents about the marital property regime and spoke with the consent of the

legitimate. If you cannot find the title for the execution of the decision or of the

the instruments referred to in paragraph 1, that the obligation was created after the registration of the Charter of the

List of documents of the marital property regime, it shall be deemed that the obligation

originated before writing the Charter to the list of instruments of marital property

mode.



(3) in other cases, the enforcement order and on the assets,

which do not form part of the common property of spouses only because it was

the statutory marital property regime changed.



(4) with respect to pry the debt belongs to the joint property of spouses,

or compulsory debt, for which you can order the execution of a decision on the assets

in the common property of the spouses, the lead enforcement commandments

the claim of the husband's account at the financial institution of compulsory. ".



6. in section 262a, 262b, the following new section:



"§ 262b



(1) if the performance of the assets affected by the decision in the common equity

the assets of the spouses or of the spouse of the compulsory to a greater extent than

a separate legal regulation, or if the performance of the decision

affect, the husband of a mandatory stop in this part of the claim

enforcement of the decision. Must be instructed by the Court.



(2) the enforcement debtor claims from the account of the husband of the compulsory

will be stopped if they are not on it or from the part of the saved money,

that would otherwise belong to the common property of the spouses. If it is not proved

to the contrary, it is considered that the funds on the account debtor's husband would

belong to the common property of the spouses. "



7. In section 267, paragraph 2 shall be deleted and shall be deleted at the same time, paragraph

1.



8. In article 268, paragraph. 1 at the end of the text of subparagraph (d)), the words "or

the property from which you cannot sum a claim to satisfy. "



9. In section 304b, the following paragraph 4 is added:



"(4) if the execution of the decision is maintained pursuant to section 262a, paragraph. 4, do not apply

the prohibitions referred to in § 304 paragraph. 1 and 3 to the amount of half of the cash

the funds, which have been on the account at the time in which the Monetary Institute

delivered a resolution on regulation enforcement, if the amount exceeds

in accordance with paragraph 1. The funds referred to in the previous sentence shall be paid

the Monetary Institute of the compulsory husband at his request. Must be the husband

mandatory in regulation enforcement advised. ".



10. In section 309, the following paragraph 3 is added:



"(3) if the execution of the decision of the commandments of the same account of the husband

compulsory ordered to pry more receivables, the debtor does not

the prohibitions referred to in § 304 paragraph. 1 and 3 in the above paragraph in section 304b. 4 to

the time of delivery of the first resolution on regulation enforcement

Monetary Institute. ".



11. In section 338v paragraph. 1, the words "paragraph. 1 "shall be deleted.



12. In section 374a for subparagraph (c)) the following new subparagraph (d)), which read:



"(d)) the flat-rate amount of refund cash expenses for the purpose of deciding on the

compensation for the costs of the proceedings, in the cases referred to in § 151 paragraph. 3. "



Subparagraph (d)) and e) shall become letters (e)), and (f)).



Article. (II)



Transitional provisions



1. Unless otherwise specified, the code of civil procedure shall apply in

the texts of the effective date of the entry into force of this Act and for the management of

initiated before the date of entry into force of this Act; the legal effects of

the acts that have occurred in the proceedings before the date of entry into force of this

of the Act, shall remain in force.



2. The possibility of Sue to stop enforcement of a decision under section 262b paragraph.

1 of Act No 99/1963 Coll., as amended, effective from the date of entry into force of

This Act, the Court shall instruct the spouse's compulsory in proceedings instituted before the

date of entry into force of this law, in its resolution on regulation performance

the decision, if this resolution issued after the date of entry into force of

of this law.



3. On the proposals on the exclusion of property from the enforcement of decisions under section 267

paragraph. 2 of the Act No. 99/1963 Coll., as amended effective prior to the date

the effectiveness of this law, which were submitted before the date of entry into force

of this law, shall be decided in accordance with the existing legislation.



4. The provisions of section 304b, paragraph. 4 and § 309 paragraph. 3 of the Act No. 99/1963 Coll., in

the texts of the effective date of the entry into force of this Act, shall apply to the


resolution on regulation of the execution, which was guided by the Institute delivered from

date of entry into force of this Act.



5. the decision of the Court about the narrowing of the joint property of spouses, which was

issued before 1. in January 2014, may be registered in the list of instruments of marital

securities scheme on the basis of a written request of one of the spouses or

of both spouses. The founding decision to a collection of documents and registration data

referred to in section paragraph 35j. 3 (b). and), c) and (d)) Law No 358/1992 Coll., on the

notaries public and their activities (notarial regulations), as amended

legislation, to register performs any notary. This registration is

process according to the notarial procedure, whose provisions, after their recording

also apply to this decision.



PART THE SECOND



Change the enforcement order



Article. (III)



Act No 120/2001 Coll., on the activities of bailiffs and enforcement

(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. 257/2004 Coll., Act No. 284/2004 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. 133/2006 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 Sb.

Act No. 285/2009 Coll., Act No. 286/2009 Coll., Act No. 409/2010 Sb.

Act No. 188/2011 Coll., Act No. 428/2011 Coll., Act No. 89/2012 Sb.

Law No 396/2012 Coll., Act No. 45/2013 Coll., Act No. 170/2013 Sb.

Act No. 256/2013 Coll., Act No. 303/2013 Coll., legal measures

The Senate no 340/2013 and the legal measures the Senate no 344/2013 Coll.,

amended as follows:



1. In article 1 (1). 2, after the word "titles", the words "including the establishment of

the bailiff lien ".



2. In section 33, paragraph. 3 the words "and any other person authorized to conduct the registration of

investment instruments "shall be replaced by the words" any other person authorised to

the keeping of registers of investment instruments and the Chamber of notaries of the Czech Republic

in relation to the list of instruments of the marital property regime ".



3. § 33a paragraph. 1, section 33b, 33 c, § 33d paragraph. 1, § 33f and section 33e of the words

"through the Chambers" shall be deleted.



4. In article 34, paragraph 5 is added:



"(5) the provisions of section 33 to 33e and paragraphs 1 to 3 shall also apply to

the collection of data about the assets of the spouse's compulsory in connection with the implementation of

the execution, which is to pry out of the debt, which belongs to the common property

spouses or for which can lead to the seizure of assets in common equity

the spouses affected by the account debtor's husband for the money. ".



5. § 36 paragraph 2 is added:



"(2) a participant in enforcement proceedings is also the husband of compulsory, if the

been suffering from seizure of its assets or the assets in the common equity

the spouses. "



6. section 42:



"§ 42



(1) before issuing an enforcement order on assets in the common equity

the spouses finds a bailiff, whether it is in the list of instruments of marital

securities scheme administered by the order of registration according to the notarial contract of

matrimonial property regime or of a court decision repealing common

property of spouses, the renewal or the narrowing of the scope of its existing,

or agreement or the decision of the Court about the change of the mode or contracted

decision of the Court-based mode.



(2) when issuing the command execution is the executor shall be based on the content of the

the instruments referred to in paragraph 1, with respect to pry out of the debt obligation arising

After its entry in the List of instruments of the marital property regime or

If the debt obligation arising from pry out before writing to the

The list of instruments of matrimonial property regime and said if

the consent of the legitimate. If you cannot determine from the enforcement order or of the Charter

in accordance with paragraph 1, that the undertaking was created after the registration of the instruments to the list of documents

about the marital property regime, it shall be deemed that the obligation was incurred before the

registration documents to the list of instruments of the marital property regime.



(3) in other cases, you can issue the command execution affecting

assets that do not form part of the common property of spouses only because

legal spouses mode changed.



(4) with respect to pry the debt belongs to the joint property of spouses,

or compulsory debt, for which you can issue the command execution on the assets in the

the common property of the spouses, the commandments can lead the execution of the account receivable

the husband of a mandatory for financial institution. "



7. § 46 paragraph. 8, the last sentence shall be deleted.



8. In section 49, paragraph. 1, letter h) repealed.



The present letter i) is renumbered as paragraph (h)).



9. In section 55 is added at the end of paragraph 1, the phrase "If a husband

mandatory draft to stop the seizure under section 262b civil

order, shall decide on this proposal, the executor on the basis of written documents and

without the consent of the beneficiary within 15 days from the date of receipt of the proposal. Does not comply with the

the executor of the proposal, it shall refer the document together with the enforcement in that

the deadline for the enforcement of the Court decision, which shall decide on the proposal.

The provisions of paragraph 3 shall not apply. ".



10. In section 58, paragraph. 2 sentence third with the comma after the words "the administration of immovable things"

replaced by the word "or" and the words "or by the establishment of the bailiff Lien

rights to immovable things "shall be deleted.



11. In section 58, paragraph. 2, the third sentence shall be inserted after the phrase "the seizure of the commandments

the claim of the husband's account at the financial institution of mandatory can be done

only if there is insufficient to cover the claims to be recovered,

its accessories, the costs and the costs of execution authorized the implementation of

execution account receivables from the debtor of compulsory for the financial institution. "



12. In article 59, paragraph. 1 (e)) shall be deleted.



Subparagraph (f)), and (g)) shall become letters (e)), and (f)).



13. section 69 shall be repealed.



14. In the first for the title IV inserted in the head, including the

Title:



"HEAD IN THE



THE ESTABLISHMENT OF THE BAILIFF OF A LIEN ON IMMOVABLE THINGS



section 73a



(1) Enforcement procedure for the establishment of the bailiff of a lien on

immovable things compulsory to ensure claims are authorized

launches on the proposal. The proposal for the establishment of the bailiff execution Lien

the law serves legitimate subject.



(2) where a proposal for the establishment of the bailiff lien real estate

things, that is the subject of the registration in the land registry, the executor of the

his administration shall inform the competent land registry office. Execution command to

the establishment of the bailiff Lien has effects even against persons

acquired a culture thing after writing a note that the submission of the proposal on

the establishment of the bailiff of a lien.



(3) with a notice of the initiation of execution to the establishment of the bailiff

the lien is not sent to the principal challenge according to § 46 paragraph. 6.

Notice of initiation of the execution to the establishment of the bailiff of a lien

Instead the lessons under section 37, paragraph. 3 and 4 and article 54 of the lessons according to the

paragraphs 10 and 11. The provisions of § 35b paragraph. 1 (a). (h)), section 37, paragraph. 3 to 5,

§ 44, paragraph. 1 the fourth sentence, § 44a of § 47 odst. 5, § 50, 54, 58 to 73 with

do not apply.



(4) the third person in the framework of the cooperation to receive the information needed to communicate the

lead to the establishment of the bailiff execution lien. The proposal on the

the postponement may be made.



(5) the Statement execution to the establishment of the bailiff of a lien

must also contain the designation of the immovable things, which is to be established

enforcement of lien, or co-ownership to her,

Mark lien creditor data which shall be entered in the register

real estate, marking a secured claim and an indication of the date on which it is

decisive for the order of the bailiff of a lien.



(6) For the order of the bailiff of a lien to the real stuff is

the decisive day, in which the subject out of the enforcement proposal on the establishment of a

the bailiff of a lien; If on the same day subject to more

execution proposals have the same order of pledge. However, if it was for the

the sum receivable previously established statutory or contractual Lien

law, is governed by the order of the ranking of the lien of the bailiff

the lien. With respect to the claim for damages or non-material

the injury caused by the criminal offence or the claim of unjust enrichment

obtained by the criminal offence, if the real thing provided in criminal

the procedure for this criminal act and if the enforcement proposal to establish a

the bailiff of a lien filed in the time when the guarantee referred to in

criminal procedure takes is for order of the bailiff of a lien

the decisive day of the decision to provide the real things

the criminal procedure code.



(7) subject to this Act, the provisions on execution for the establishment

the bailiff lien on immovable things reasonably

the provisions of the code of civil procedure governing the execution of the decision

the establishment of a judicial lien on immovable things.



(8) has no right to reimbursement of the Justified costs. The cost of the execution shall be borne by

subject to legitimate. The bailiff shall not issue an executive order to establish a

the bailiff lien, does not pay the cost of a legitimate execution

According to the order for payment of costs of the execution, which delivers only

authorized.



(9) subject to execution Permission shall cease execution to the

the establishment of the bailiff of a lien.



(10) the Execution for the establishment of the bailiff of a lien is made

the power of the law enforcement command. Execution execution Lien

the right does not perish.



(11) after performing the execution can be filed to halt only to

of the Court.



(12) the enforcement of lien to real things, which is the subject

registration in the land registry, the land registry writes to the

the proposal authorized on the basis of an enforceable order which was

enforcement of lien established. ".



The existing title V to XIV shall be renumbered title VI to (XV).



15. under section 89 shall be added to § 89a, which reads as follows:



"§ 89a



(1) If a participant in proceedings was not represented by a representative under section

paragraph 137. 2 of the code of civil procedure, submits the amount of the cash expenses

his or her another representative has the right to replace them in the flat-rate

the amount of the intended special legal regulation. The flat-rate compensation includes


cash outlays of the participant and his representative.



(2) if the participant Represented, who has the right to reimbursement of the costs of the proceedings,

another shortcut than under section 137, paragraph. 2, is the one which has been stored

recovery of these costs, shall be obliged to pay it to the participant. "



16. In section 131 for the letter a) insert a new subparagraph (b)), which read:



"(b) the flat-rate amount of the refund of the costs) of the tenderer for the purposes

decision on costs in the cases referred to in § 89a, ".



Letters b) to (e)) shall become points (c) to (f))).



Article. (IV)



Transitional provisions



1. Unless otherwise provided, the enforcement of law and the civil

the rules of court, in the version effective as from the date of entry into force of this law and

for proceedings initiated before the date of entry into force of this Act; legal

the effects of the acts in the proceeding which occurred before the date of entry into force of this

of the Act, shall remain in force.



2. The possibility of Sue to stop enforcement of a decision under section 262b paragraph.

1 of Act No 99/1963 Coll., the code of civil procedure, in the version effective as from the date

the entry into force of this law, shall instruct the bailiff husband compulsory in

proceedings initiated before the date of entry into force of this Act in the

execution of the command, if the command execution is issued after the date of entry into

the effectiveness of this Act.



3. In proceedings initiated before the date of entry into force of this Act

in accordance with § 58 paragraph. 2 Act No 120/2001 Coll., as amended effective

from the date of entry into force of this Act, if in them before the date of

the entry into force of this Act has not been issued enforcement orders

the implementation of the execution debtor, or the debtor of the claim of the husband

compulsory from an account at financial institution.



4. Execution-led the establishment of the bailiff of a lien on the basis

enforcement order issued before the entry into force of this Act

completes the existing legislation.



PART THE THIRD



Change the land law



Article. In



Law No 256/2013 Coll., on the real estate cadastre (Land Registry Act)

in section 23, paragraph. 1 (a). and) the word "and" shall be replaced by a comma and the words

"a judicial lien on real property" shall be inserted after the words "and

submitted a proposal on the establishment of the bailiff lien ".



PART THE FOURTH



The EFFECTIVENESS of the



Article. (VI)



This law shall enter into force on the fifteenth day following its publication.



In r. hamáček.



Zeman in r.



Sobotka in r.