259/2008 Sb.
LAW
of 25 June 2002. June 2008,
amending the Act No 99/1963 Coll., the code of civil procedure, as amended by
amended, and some other laws
Change: 89/2012 Sb.
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. and Act No. 129/2008 Coll., is hereby amended as follows:
In section 338ze paragraph. 1, letter e) the following new subparagraph (f)), which read:
"(f)), the claims of arrears of maintenance,".
Subparagraph (f)), and (g)) shall become letters (g)), and (h)).
PART THE SECOND
cancelled
Article. (II)
cancelled
PART THE THIRD
The amendment to the law on social and legal protection of children
Article. (III)
Act No. 359/1999 Coll. on social and legal protection of children, in the text of the Act
No. 257/2000 Coll., Act No. 273/2001 Coll., Act No. 309/2002 Coll., Act
No. 320/2002 Coll., Act No. 518/2002 Coll., Act No. 222/2003 Coll., Act
No. 52/2004 Coll., Act No. 315/2004 Coll., Act No. 436/2004 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. and Act No 124/2008 Coll., is hereby amended as follows:
1. In section 11 (1). 1 at the end of subparagraph (d)) shall be replaced by a comma and dot
the following point (e)), which read:
"e) provides assistance in the exercise of the right of the child to maintenance and
the enforcement of maintenance obligations to the child, including assistance in
the submission of the proposal to the Court; while collaborating in particular with the authorities to help in the
material need, required persons, law enforcement authorities in criminal proceedings, and
courts. ".
2. In section 51, paragraph. 5 (a). (b)), the word "or" shall be replaced by the word "or", and
at the end of the text of the letter shall be added the words ", or that it is not
obligation to pay maintenance to the child ".
PART THE FOURTH
Change the enforcement order
Article. (IV)
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. and Act No. 347/2007
Coll., is hereby amended as follows:
1. In section 30 (b) at the end of the text), the words ", except where the
execution for the recovery of maintenance of the minor child. "
2. In section 55, paragraph. 2, the second sentence shall be replaced by the phrase "the Court of execution does not stop
If they are satisfied the conditions for exemption authorised by
special legal regulation or, in the case of execution for the recovery of maintenance
the minor child. ".
3. In section 90, paragraph 3 reads:
"(3) unless the execution for the recovery of maintenance, minor, has
executor the right to demand from the beneficiary a reasonable advance on costs
execution. ".
PART THE FIFTH
Amendment of the Act on assistance in material need
Article. In
Law No 111/2006 Coll. on assistance in material need, as amended by Act No.
165/2006 Coll., Act No. 585/2006 Coll., the Act No. 261/2007 Coll. and act
No 379/2007 Coll., is hereby amended as follows:
1. In section 24, paragraph. 1 at the end of subparagraph (d)) shall be replaced by a comma and dot
the following point (e)), which read:
"e) in the case of a person who is not listed in subparagraph (a)), or (b)) and the
maintenance for the minor child amount higher than three times the monthly
payments laid down by a court decision, or higher than the amount which would
It seemed to the 3 months, if the fulfilment of the obligations laid down
in another way, subsistence amount, unless the person
the debt was incurred on maintenance until after the submission of an application for a contribution towards living and
that due to the lack of income filed a court motion to repeal or
reduction of maintenance; increase the amount of living under section 25 to 30 this person
It does not belong. ".
2. In section 61 is at the end of paragraph 1, the period is replaced by a comma and the following
the letter g) is added:
"(g) cooperates in particular with the authorities) of the socio-legal protection of children,
required persons, law enforcement authorities in criminal proceedings and the courts when
the application of the right of the child to maintenance and enforcement of maintenance
obligations. ".
3. In section 72, paragraph. 3 at the end of subparagraph (d)) shall be replaced by a comma and dot
the following point (e)), which read:
"(e) a statement of the performance of the Court) laid down the obligation to
minor, or about the amount of debt on maintenance. ".
Article. (VI)
The transitional provisions of the
If the person has been determined by a Court of the obligation to
minor, to the effective date of this Act be paid post
living, the amount of the contribution shall be adjusted in accordance with article on living in point 1
First, from the first day of the fourth calendar month after the date of entry into
the effectiveness of this law; This also applies, if the person for the purposes of
living together at hand. The recipient of the contribution to the
livelihoods and persons with him for the purposes of this benefit are considered together
required to make a Declaration on whether they had been determined by the Court
maintenance obligations towards the minor, how has this obligation and
the eventual amount of the debt to the maintenance according to the article in point 3 not later than
the end of the second calendar month from the effective date of this Act.
PART SIX
The EFFECTIVENESS of the
Article. (VII)
This Act shall take effect on the first day of the second calendar month
following the date of its publication.
Vaidya in the r.
Klaus r.
Topolanek in r.