Change Of The Civil Procedure Code And Some Other Laws

Original Language Title: změna občanského soudního řádu a některých dalších zákonů

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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.

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