Amending And Supplementing The Code Of Civil Procedure And The Notarial Regulations

Original Language Title: , kterým se mění a doplňuje občanský soudní řád a notářský řád

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519/1991 Sb.



LAW



of 5 April 2004. November 1991,



amending and supplementing the code of civil procedure and the notarial regulations



24/1993: Sb.



The Federal Assembly of the Czech and Slovak Federal Republic

committed to this Act:



Article. (I)



Act 99/1963 Coll., the civil procedure code, 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. and Act No.

328/1991 Coll., shall be amended and supplemented as follows:



1. in article 1, the words ' the interests of citizens and organizations "are replaced by the words" the interests of the

the participants "and the words" and the rules of socialist coexistence ".



2. paragraph 2 is added:



"§ 2



In the civil courts hear and decide disputes, and other

Legal Affairs, carried out the execution of decisions, which have not been fulfilled

on a voluntary basis, and focus its activities to avoid

violations of the rights and legally protected interests of natural and legal persons

and that the rights were not abused at the expense of the people. ".



3. In paragraph 3, the word "Socialist" be deleted and the words "call"

replaced by the words "seek".



4. Article 4 is deleted.



5. section 5 is added:



"§ 5



The courts provide participants the lessons of their procedural rights and

responsibilities. ".



6. paragraph 6 is added:



"section 6



In the proceedings, the Court shall proceed, in coordination with all the parties so

in order to protect the rights was fast and effective, and to the fact that they are

between the parties to the dispute, are reliably detected. ".



7. In article 7 (2). 1 the words "family and cooperative relations" are replaced by

the words "family, cooperative, as well as of business relations (including

business and economic relations) ".



8. in paragraph 8, the following new section 8a, which including the title reads as follows:



"§ 8a



Disputes about competence



(1) the Supreme Court of the United States and the Supreme Court of the Slovak Republic

decide the disputes over jurisdiction between the courts and the State notářstvími, as well as

between the courts, the Government and State administration authorities notářstvími the same Republic.



(2) the Supreme Court of the Czech and Slovak Federal Republic shall act

disputes over jurisdiction between the courts of the Republic and State notářstvími one or

the authorities of the second Republic, as well as between the courts, by State

notářstvími and the Federal Government. ".



9. section 9, including the title reads as follows:



"The jurisdiction of the



§ 9



(1) the proceedings at first instance are fundamentally the district courts.



(2) regional courts decide as courts of first instance



and protection of the personality) in matters under the civil code and the protection of

against the disclosure of information that is an abuse of freedom of expression,

the words and the press under the legislation on mass information

resources,



(b)) of the claims based on the copyright law,



(c)) in matters of paternity to the subjects of industrial property rights

is to sign up for protection, spolumajitelství, and of the claims of these things,

or the violation of rights in these matters,



(d)) with regard to the mutual settlement of wrongly or in the benefits provided

higher area than belonged, between an employer and a beneficiary of this benefit

under the legislation on social security,



e) in disputes between the competent sickness insurance institution and

by the employer for damages arising from improper

the implementation of sickness insurance,



(f)) in disputes on determining the illegality of a strike or lock-out,



g) with regard to the invalidity of the termination of the employment or service relationship

According to § 18 para. 2 Act No. 451/1991 Coll. laying down certain

other assumptions for the performance of certain functions in State bodies and

organizations of the Czech and Slovak Federal Republic, the Czech Republic and

The Slovak Republic,



h) in disputes relating to a foreign State or persons enjoying

diplomatic immunities and privileges, if these disputes belong to the competence of the

Czechoslovak courts,



I) in control and a bankruptcy settlement, if the bankrupt (the borrower) a natural

or legal person who is not entered in the commercial register, including

disputes raised by this proceeding,



j) in determining whether a proposal for the registration of a political party or

political movement does not have the flaws that would prevent their

registration. ^ 1)



(3) regional courts decide as courts of first instance in cases

commercial disputes



and of the legal relationships between) entrepreneurs in their business

activities,



AA) if both participants are entered in the commercial register; for these purposes,

banks have the status of entrepreneurs registered in the commercial register,



BB) if the applicant is an entrepreneur who is not entered in the commercial

the register, and the respondent is an entrepreneur who in the commercial register is

written, with the amount requested by the applicant exceeds 50 000 Czech Crowns;



(b)) without regard to whether the participants obligation relationship are

entrepreneurs, disputes



AA) of legal relations related to the setting up of business

companies or cooperatives,



BB) from stock trades and their mediation,



CC) of the contract of sale of the company or its parts, ^ 2)



DD) of the Treaty on the control activities, ^ 3)



EE) from the forwarding contract, ^ 4)



FF) of the contract of operation of means of transport ^ 5)



Gg) from a contract of silent partnership, ^ 6)



HH) of the contract about opening the letter of credit, ^ 7)



(ii)) from the Treaty on recovery, ^ 8)



JJ) of the contract of deposit of securities or other values, ^ 9)



KK) of the contract of the current account, ^ 10)



LL) of the contract of deposit account, ^ 11)



mm) from the roaming of cheques, ^ 12)



nn) of the credit agreement,



OO) from the contractual relations of the promise of compensation, ^ 13)



pp) from the legal relationships arising in the securing of obligations referred to under (aa))

to nn)



RR) from the rights of patents, utility models and industrial designs, and

topographies of semiconductor products as the subject of trade,



QQ) from the contractual relations of the bank guarantee;



c) without regard to the fact that it's not about shops within the meaning of the letters and) or (b)),

disputes



AA) from the legal relationships between business companies (cooperatives) and their

the founders (members), as well as between the partners (members

or the founders) to each other,



BB) from the legal relationships between the head and the entrepreneur who procuration

granted, and if the power of attorney granted to more persons of the legal relations between the

These persons to each other, and from the legal relationships between the commercial agent and

entrepreneur who commissioned sales representative, unless it is a dispute of

employment relationship,



CC) of legal relations relating to bills of Exchange, other securities or

cheques, bills of Exchange, including disputes related to outstanding (cheque) payment orders,



DD) from legal relations relating to the protection of competition ^ 14) and

relating to unfair competition, ^ 15)



EE) of the rights to the trade name, ^ 16) ^ 17) trade marks and designations

origin, ^ 18)



FF) of insurance associated with the subject of the business activities,



Gg) on the proposal of a shareholder being a public company on its cancellation

for violations of the social contract by another companion, ^ 19)



HH) on the proposal for a partner company with a limited liability company to cancel its

participation in society, ^ 20)



(ii) on the application of shareholders) limited liability company for annulment of

the company, ^ 21)



JJ) about the design of team member on the annulment of the decision of the meeting of members

exclusion, ^ 22)



KK) about the invalidity of arbitration agreements and arbitral awards

issued by the arbitrator on the basis of a special agreement, ^ 23)



LL) from relations arising from international trade Corporation

and natural persons including disputes in which the power of the Czechoslovak

the Court established a written contract participants. ^ 24)



(4) regional courts as courts of first instance in cases

business on



and discuss auditions and compensation) if the bankrupt (the borrower) a natural

or a legal person registered in the commercial register, including disputes this

management induced,



(b)) shall decide on the proposals for the dissolution and liquidation, ^ 25)



(c)) shall decide on the appointment of the liquidator of the company, if the liquidation

the company on the basis of a court decision, ^ 26)



(d)) shall decide on the application for revocation of the liquidator of the company and its

the substitution of another person, ^ 27)



e) decide to pay the liquidator appointed by the Court, ^ 28)



f) shall decide on the appointment of the liquidator of the trading company, 29 ^ ^)



g) decide on the application for revocation of the liquidator's trading companies and

his replacement, ^ 30)



h) shall decide on the application for annulment of the Coop ^ 31)



I) decide the application for a declaration of the Division of cooperative members ' meeting

liquidation value. ^ 32)



1) § 7 para. 4 of law No. 424/1991 Coll. on Association in political

the sides and political movements.



2) § 476 et seq.. the commercial code.



3) § 591 et seq.. the commercial code.



4) § 601 et seq. the commercial code.



5) § 638 et seq.. the commercial code.



6) § 673 et seq. the commercial code.



7) § 682 et seq.. the commercial code.



8) § 692 et seq.. the commercial code.



9) § 700 et seq. the commercial code.



10) section 708 et seq. the commercial code.



11) § 716 et seq.. the commercial code.



12) § 720 et seq.. the commercial code.



13) § 725 et seq.. the commercial code.



14) Act No. 63/1991 Coll., on the protection of competition.



15) § 44 et seq. the commercial code.



16 paragraph 8 et seq.). the commercial code.




17) Act No. 174/1988 Coll. on trademarks.



18) Act No. 159/1973 Coll., on the protection of designations of origin of products.



19) § 90 of the commercial code.



20) § 148 paragraph. 1 of the commercial code.



21) section 152 of the commercial code.



22) § 231 para. 4 of the commercial code.



23) sections 20 to 23 of Act No. 98/1963, Coll., on arbitration in the international

trade and the enforcement of arbitral awards.



24) § 37 para. 1 and 2 of Act No. 97/1963 Coll. on international law

private and procedural.



25) § 68 para. 3 of the commercial code.



26) § 71 para. 2 of the commercial code.



27) § 71 para. 3 of the commercial code.



28) section 75 para. 5 of the commercial code.



29) § 71 para. 1 of the commercial code.



30) § 71 para. 4 of the commercial code.



31) § 257 paragraph. 1 of the commercial code.



32) § 259 paragraph. 4 of the commercial code.



10. In paragraph 10 of its current text becomes paragraph 1 and the following

the new paragraph 2 is added:



"(2) for appeals against decisions of regional courts as courts of first

degree are decided by the Supreme Court of the Czech Republic and the Supreme Court

Of the Slovak Republic. ".



11. in section 10, the following section 10a is inserted:



"§ 10a



(1) the dovoláních against decisions of regional courts as the courts of the

appeals are decided by the Supreme Court of the United States and the Supreme Court

Of the Slovak Republic.



(2) the dovoláních of the Supreme Court decision against the United States and

The Supreme Court of the Slovak Republic as the courts of appeal shall decide

The Supreme Court of the Czech and Slovak Federal Republic. ".



12. In article 11 (1) 3 the words "the Supreme Court of the Czechoslovak Socialist

the Republic "shall be replaced by the words" Supreme Court of the Czech and Slovak Federal

Of the Republic ".



13. in § 12 para. 3 the second sentence reads as follows: "if one of these courts on the territory of the

The United States and the other on the territory of the Slovak Republic decides on the

commandments of the Supreme Court of the Czech and Slovak Federal Republic. ".



14. in § 14 para. 2 the second sentence reads: "the same applies in the case of deciding on the

appellate review. ".



15. In article 16(1). 1 the second sentence reads as follows:



"The exclusion of judges of the Supreme Court of the Czech Republic, the Supreme Court

The Supreme Court of the Slovak Republic and the Czech and Slovak Federal

States will decide another Chamber of the same court. ".



16. section 21 para. 1 reads as follows:



"(1) A legal person is a statutory body or a person (member),

which proves that he is authorised to act for it. ".



17. section 25 shall be added a new paragraph 4 is added:



"(4) the provisions of paragraphs 1 to 3 shall apply mutatis mutandis if the participant is representing

commercial lawyer in the scope of their permissions provided for special

legislation. ^ 33) ".



33) Law No. 209/1990 Coll., of the commercial lawyers and legal aid

, and the law provided no SNR 129/1991 Coll. on commercial lawyers.



18. section 26 the following new paragraph 3 is added:



"(3) the provisions of paragraphs 1 and 2 shall not apply in cases of business.".



19. in section 27 para. 2 the words "would go against the rules of the Socialist

coexistence "are replaced by the words" representative may not be eligible for the proper

representation, or if, as the representative acts on the different matters

Once again ".



20. section 27a shall be deleted.



21. in section 29 para. 1 at the end of this sentence: "connects to the same

progresses, if provided for by special provision. ".



22. section 30 paragraph 2. 2 is added:



"(2) if required by the protection of the interests of the participant, he will appoint the President of the

the Senate, in the case referred to in paragraph 1, the representative from the ranks of attorneys. ".



23. section 32 to 34 are deleted, including the title of § 32.



24. section 35, including the title reads as follows:



"§ 35



Participation of the Prosecutor



(1) the Prosecutor may join the proceedings in matters



and the eligibility of legal capacity),



(b)) Declaration of death,



(c)) registration in the commercial register.



(2) the Prosecutor in these proceedings is entitled to all actions which can

execute the party to the proceedings, if it is not about the tasks that can be done just

participant of legal relations. ".



25. section 36:



"§ 36



In the proceedings before the Court and decided upon by the Senate or the President of the Chamber, as

the only judge (a judge). All members of the Senate are in the

decision making equal. ".



26. in paragraph 36, the following new sections 36a, 36b, 36 c and 36 d shall be inserted:



"§ 36a



(1) in proceedings before the District Court and decided upon by the Senate:



and) in matters of work,



(b)) in other cases, where provided for by law.



(2) in all other respects it and decides in proceedings before the District Court

a single judge.



(3) in proceedings before the regional court as the Court of first instance and

shall act except as provided in section 36b of paragraph 1. 1 a single judge; in

appeal proceedings and decided upon by the Senate.



section 36b



(1) in commercial matters and decided upon by the District Court as the Court of first

degree in the Senate, in the case of disputes



and) from the legal relationships between business companies (cooperatives) and their

the founders (members), as well as between the partners (members

or the founders) to each other,



(b)) of the relations that arise in connection with the sale of a business or its

parts,



(c)) from the legal relationships governed by the provisions on the protection of competition

and unfair competition,



(d)) of the rights to objects of industrial property,



e) related to sea-going vessels, maritime and legal relations with the

United,



(f) the nullity of the arbitration agreements) and the cancellation of arbitral awards issued by the

arbitrators on the basis of the arbitration agreement,



g) from relations arising from international trade Corporation

and natural persons including disputes for which jurisdiction the Czechoslovak

the Court established a written Convention participants.



(2) in other commercial matters and decided upon by the proceedings before the

District Court judge. This is true even of the Extradition Bill (cheque)

payment orders and decisions in the cases referred to in § 200e.



section 36 c



The highest courts of the Act and make decisions in chambers.



section 36 d



(1) the President of the Chamber may on matters specific to the Senate only

such operations, which does not act in the matter.



(2) in cases where, under the law, to act and make decisions of a single judge,

those rights to him, which are otherwise reserved Senate. ".



27. in § 37 para. 2, the third sentence is added:



"Vote before the judges and lay judges younger judges before judges earlier,

President of the Chamber shall vote last. ".



28. section 38 shall be deleted.



29. in § 39 para. 1 deleted the word "district" and in paragraph 3, the words

"judge by profession" shall be replaced by "single judge".



30. In § 43 para. 1 the first sentence: "the President of the Chamber shall invite participants to

incorrect or incomplete submission of the corrected or supplemented by. ".



31. in paragraph 45, the words "through the local National Committee"

replaced by the words "through the authority of the municipality", and the words "of the public

safety "by the words" the competent police authority ".



32. In § 46 para. 1, after the words "the apartment", the words "at the headquarters (place

business) "and in paragraph 2, the words" for the local National Committee "

replaced by the words "with the authority of the municipality".



33. In § 47 para. 2, the words "for the local National Committee" shall be replaced by

the words "with the authority of the municipality".



34. In § 48 para. 1 the term "organization" is replaced by "legal

the person ".



Paragraph 2 reads:



"(2) a document may be served also the lawyer law

koncipientům and other staff who are involved in the study

and they were charged with receiving shipments by him; This applies mutatis mutandis to

service of documents designated commercial lawyer. ".



35. under section 50 shall be added to § 50a, which including the title reads as follows:



"§ 50a



Publication of notices



The obligation to disclose to the Court decree, the data provided for in this

the Act and in the Act on bankruptcy and settlement, their publication is true

in the commercial Bulletin (article 769 of the commercial code), if the law

not limited to publication of the information on the notice board of the Court; This does not affect

the obligation of public disclosure of the information in the daily newspapers ".



36. In § 52 para. 2 the words "the competent authority public security"

replaced by the words "the competent police authority".



37. In § 53 para. 1 the number "500" is replaced by "2000" and

the numeral "1000" by "5000".



38. section 59 through 66 are deleted, including the name of the head first and the headings above §

59, 62 and 65; the head of the second is referred to as the head first and the head of the third

as head of the second.



39. section 67 reads:



"§ 67



If permitted by the nature of things, can be designed in any court that

would be materially competent for deciding things, to carry out an attempt at conciliation

(conciliation procedure) and, if its conclusion, to rule and its

approval. If the jurisdiction was a Justice of the County Court, performs

proceedings in the County Court judge; in these cases, however, may

perform a conciliation procedure and approval of settlement and any District Court. ".



40. In § 68 para. 2, the second sentence shall be deleted.



41. In § 73 para. 2, the words "National Committee" shall be replaced by

"authority" and paragraph 3 is added:



"(3) where the determination of paternity and the mother does not within a reasonable time

does not give a proposal for the establishment of paternity, the child will appoint a President of the Senate

guardian to submit such a proposal and to ensure that the child in the proceedings

He represented. ".



42. In § 79 paragraph 2. 1 at the end of this sentence: "connects this proposal,

If a bilateral legal relations between the plaintiff and the defendants (§

90), is called the application. ";




After paragraph 1, insert a new paragraph 2 is added:



"(2) the petitioner shall attach to the design of the documentary evidence, which the

invokes. ";



the current paragraph 2 shall become paragraph 3 and connects to it

This sentence: "the complainant may in commercial matters to familiarise themselves with the respondent

the content of the proposal, by means of a proposal delivered by a Court next to him

send a copy of itself to another. ".



43. In article 81 paragraph 1. 1, after the words "in matters of custody of minors," the

the words "control for the vote of the admissibility of the receipt or possession of at the Institute

medical care ".



44. In paragraph 82, in paragraph 2, the words "emit a Conciliation Commission or

the conciliation body ", and deleted paragraph 3.



45. In paragraph 85, in paragraph 2, the word "organization" shall be replaced by

"legal persons" and "legal entity" and the following new paragraph (4),

which reads as follows:



"(4) the General Court in matters of business is the Court in whose district has

the respondent has its headquarters, and has its registered office, the Court, in whose district has a place

business. If the defendant or a place of business, the General Court,

the area in which the defendant has his domicile. ".



46. in paragraph 85, the following new section 85a is inserted:



"§ 85a



If, for the management of substantive jurisdiction the County Court and the local

jurisdiction of the Court to follow the ordinary court of the participant becomes a locally

the competent District Court, whose jurisdiction is the General Court of the party. ".



47. In paragraph 86, in paragraphs 1, 2 and 3 shall be replaced by the words "the Czechoslovak

the Socialist Republic "by the words" the Czech and Slovak Federal

Republic "and in paragraph 3 the words" foreign organization "by the words" foreign

a legal person ".



48. In paragraph 87 (a). (c)):



"(c)) is the branch of a legal entity, which is the respondent,

If the dispute relates to this folder. "



in subparagraph (d)), the words "the Czechoslovak Socialist Organization"

replaced by the words "the Czechoslovak legal entity",



in subparagraph (e)) at the end of the period is replaced by a comma and connects

the provisions of subparagraph (f)), which read as follows:



"(f)) is the seat of the Exchange, if the dispute from trading.".



49. In paragraph 88, the current text becomes paragraph 1,

the provisions of subparagraph (a)) shall be replaced by the words "the Czechoslovak Socialist

"with the words" the Republic of Czech and Slovak Federative Republic ", in

the provisions of subparagraph (b)), the words "or on the abolition of the common law

the use of the dwelling or land "shall be replaced by the words" or of the cancellation

joint tenancy ",



the provisions of subparagraph (d)):



"(d)) that is the ordinary court of the citizen, in the case of proceedings for its ability

legal capacity; If the citizen without his consent in the constitutional

medical care, the Court in whose district the is this

medical device. In the case of proceedings for the vote on the admissibility of

takeover or kept in the Institute of health care, the Court, in

This is the area in which the Institute ",



the provisions of point (f) shall be replaced by the words ") of the Czechoslovak

the Socialist Republic "by the words" the Czech and Slovak Federal

Republic ", in the provisions of subparagraph (g)) are deleted, the words" the Conciliation Commission

or the conciliation body "in clause (a), ch) are deleted the words" is

State notary, in which "in the provisions of paragraph (i)) at the end of the period

be replaced by a comma and the words "or are added to determine the authenticity,

or the ranking of claims, logged on to the schedule ",



connect the provisions of subparagraphs (j)) and k) are added:



"(j)) in which it is carried out bankruptcy or settlement in the case of disputes by

developed,



k) in whose district the headquarters organizational unit has a railway carrier

If a race condition on the part of the respondent this unit. "



and paragraph 2, which reads as follows:



"(2) the procedure for annulment of an arbitration award, issued by the arbitrator on the basis

the arbitration agreement, the Court in whose district the held of the arbitration

proceedings, if this is a place in the territory of the country. Otherwise, the competent court within whose

powers thing belonged to, were it not for the arbitration Treaty. ".



50. in paragraph 89, the following new section 89a, which reads as follows:



"§ 89a



The parties in commercial matters may agree in writing to the local

jurisdiction of another court of first instance, unless the law provides for the

exclusive jurisdiction. This is true even in disputes pursuant to § 9 para. 3 (b). and)

If the amount required by the applicant does not exceed 50 000 Czech Crowns. such

the contract or a certified copy thereof must be mentioned in the proposal on the

initiation. ".



51. In § 95 para. 2 the words "are deleted, or if the design change

was contrary to the interests of the company ".



52. section 96:



"§ 96



(1) an applicant may take the control back a proposal for its initiation,

partly or entirely. If the proposal is taken back entirely, the Court stops the proceedings.



(2) the court procedure available if the defendant does not stop with the withdrawal of the proposal of the

serious reasons do not agree; in this case, the Court of law can

resolution to resume proceedings.



(3) opposition to defendant by withdrawing the application is not effective, if

the withdrawal of the proposal before negotiations began, or in the case of withdrawal of the

the petition for divorce, nullity of marriage or determine whether the marriage

is or is not. ".



53. In § 99 paragraph 2. 2 are deleted the words "or an interest in the company".



54. In § 101 paragraph. 2 the second sentence reads as follows:



"If it fails to properly summoned to a hearing party or requested from the

an important reason for adjournment, the court case in the absence of

such a participant; taking into account the content of the file and have not yet made

evidence. ".



55. In paragraph 102, at the end of this sentence: "connects in samosoudcovských matters

they do so by a sole judge. ".



56. § 104 paragraph. 1 reads as follows:



' (1) in the case of such a lack of control conditions that cannot be deleted

Court stops. If the matter does not fall within the competence of the courts or if the

precede the other proceedings, the Court shall refer the matter after the legal force of the resolution on the

termination of the proceeding to the competent authority; legal effects associated with the administration of

document instituting the proceedings remains preserved. ";



connects to a new paragraph 2 is added:



"(2) if the Court to which the participant is turned, for that is not factually

the said competent, jurisdiction and decides which Court of factually

the relevant thing in the legal force of this resolution forward. If it was as follows

referred to the case by the District Court, the regional court, the regional court may

refer the case back to the District Court, if the jurisdiction had not been previously

resolved by the resolution of the appeal court; legal effects associated with the administration of

document instituting the proceedings remains preserved. ".



The former paragraph 2 becomes paragraph 3.



57. In § 105 para. 2 the words "the Supreme Court of Czechoslovakia

the Socialist Republic "shall be replaced by the words" Supreme Court of the Czech and

Slovak Federal Republic ".



58. section 106:



"the section 106



(1) when the court proceedings the respondent claimed not later than when the first of its

on the substance of the Act establishes that the thing is to be in accordance with the Treaty, participants

discussed in the proceedings before the arbitrator, he cannot discuss the matter further and management

stops; the thing, however, will discuss if the parties declare that the contract

do not last. The Court will discuss the matter even if it finds that the matter cannot be

According to Czechoslovak law subject to the arbitration agreement, or that the

the arbitration agreement is invalid or does not exist at all, or that the

its consideration in the proceedings before the arbitrator exceeds the powers of the

granted to them by the Treaty, or that the arbitral tribunal rejected the things to deal with.



(2) if the proceedings before the Court pursuant to paragraph 1 and in the same case

has filed for initiation of proceedings before the arbitrator, remain legal

the effects of the original proposal are retained, if the document instituting the proceedings

before the arbitrators filed within 30 days after service of the order of the Court of cessation

control.



(3) if the proceedings before the arbitrator started before there was a control

the Court, the court proceedings about the lack of, or termination of

the Treaty until such time as the arbitration decision on the powers of the

or in the substance of the matter. ".



59. In § 109 paragraph. 1 (b). (b)) at the end of this sentence connects:



"As well, if the proceeds before the decision on the matter has come to the

the conclusion that the generally binding legal regulation, which refers to things, is in

contrary to the Constitution, the law or international treaty binding on the Czech and

and Slovak Federal Republic; in that case, forward the proposal to

the Constitutional Court for opinion. ".



60. In paragraph 110, the words "or the interests of the company".



61. In § 111 paragraph. 3, in the second sentence is replaced by a semicolon with a period and

deleted part of the sentence after the semicolon.



62. In section 114 para. 2 (a). a) is added:



"and usually finds the respondent's opinion) and, where appropriate, preliminary attempts to

an amicable settlement of the case. In commercial matters can save to opponents

in the case expressed in writing, and documentary evidence, which the

alleges; ".



63. In paragraph 116 of paragraph 1. 1 delete the second and third sentences. In paragraph 2, the

the word "economic" shall be inserted after the word "business".



64. In § 118 paragraph. 2, the second sentence shall be deleted.



65. In § 120 paragraph 1. 1 at the end of this sentence connects:



"If the parties about the facts are the same, the Court

limit in the establishment of facts in this undisputed claims. ".



In paragraph 2, at the end of the period is replaced by a semicolon and connect


the words "fails to do so, the Court shall decide on the basis of others carried out by the

evidence. ".



66. In paragraph 121, the word "deleted" and the words "the Czechoslovak

the Socialist Republic "shall be replaced by the words" the Czech and Slovak

The Federal Republic ".



67. In paragraph 124, after the words "economic" shall be inserted after the word "business".



68. In paragraph 125, deleted the word "real" and the word "organization"

replaced by the words "legal persons".



69. In section 128, paragraph 1 shall be deleted and paragraph 2. The Words "Authorities Of The

and organizations, even if not participating in the proceedings "shall be replaced by the words" authorities of the

State and local governments, as well as legal persons ".



70. In paragraph 129 para. 2 the term "organization" is replaced by "legal

the person ".



71. section 135 para. 1 reads as follows:



"(1) the Court is bound by the decision of the Constitutional Court on whether a specific legal

the code is in conflict with the Constitution, the law or international treaty, which

the Czech and Slovak Federal Republic (§ 109 (1) (a).

(b).)) On the Court is bound by decisions of the competent authorities to the effect that he was

committed a crime, a misdemeanour or an administrative offence punishable by an

According to special regulations, and who is a committed, as well as the decision to

civil status; However, the Court is not bound by the decision in block management. ".



72. In section 137 is connected at the end of the words "or commercial lawyer".



73. § 140 para. 2 is added:



"(2) if the participant representative is appointed attorney, charged its finished

expenses and remuneration for the representation of the State; If it is justified, it shall provide the

the lawyer, the Court at its request, a reasonable advance. "



paragraph 3 is deleted.



74. In § 142 paragraph 2. 1 the words "are deleted and the proposal for the Prosecutor to

the performance of an invalid legal Act went to the State under the provisions of section

paragraph 457. 2 and 3 of the civil code ".



75. In paragraph 147 paragraph. 1, the semicolon is replaced by a dot and the deleted part

sentence with a semicolon.



76. section 149:



"§ 149



(1) if the lawyer represented the participant to whom was attributed to compensation

costs of the proceedings is the one which has been ordered to pay these costs,

obliged to pay her lawyers.



(2) if the designated lawyer represented the participant to whom was attributed to

reimbursement of the costs of the proceedings is the one which has been ordered to pay the

costs, required to pay the State reimbursement of cash expenses and the lawyer

fee for representation. The amount of this remuneration shall be determined in accordance with the provisions of the

the specific rules ^ 34) about non-contractual remuneration.



(3) the provisions of paragraph 1 shall apply mutatis mutandis, if the participant represented

commercial lawyer in the scope of their permissions provided for special

regulations. ".



34) Decree the Ministry of Justice of the Czech Republic No. 270/1990

Coll. on the remuneration of lawyers and commercial lawyers in providing legal

help, as amended by Decree No. 573/1990 Coll. and Decree of the Ministry of

of Justice of the Slovak Republic No. 240/1990 Coll. on the rewards and

compensation lawyers for legal aid, as amended by Decree No.

44/1991 Sb.



77. In § 152 paragraph 1. 1 at the end of this sentence connects:



"The law provides, when the Court rules on the substance of the resolution.".



78. In paragraph 155, the current text becomes paragraph 1 and the

connects to a new paragraph 2 is added:



"(2) the operative part of the judgment on the performance in money can be expressed in a foreign currency,

If this is not contrary to the circumstances of the case and if the



and the subject is expressed) in foreign currency and the party who is to perform,

is foreign exchange tuzemcem and has an account in a foreign currency, or



b) either of the parties is at the cizozemcem. ".



79. § 157 paragraph. 1 reads as follows:



' (1) in a written copy of the judgment, the words "on behalf of Republic"

designation of the Court shall indicate the name and surname of the judges and lay judges, accurate

designation of participants and their representatives, the participation of the Prosecutor, mark

the present case, the wording of the operative part, in the preamble, the letter of appeal,

lessons learned about the possibility of enforcement of the decision and the date and place of publication. ".



80. in section 158 paragraph 2. 1 the second sentence reads as follows:



"If it is unable to sign, the sign is another Member of the Senate, and if the decision

the single judge, another designated judge; the reason the written copy

He murmurs. ".



81. section 160 paragraph. 3 read as follows:



(3) if the Court Imposed the obligation to vacate the apartment, for which it is necessary to ensure

housing compensation, is not a participant is obliged to vacate the apartment, as long as it is not

guaranteed replacement apartment, where appropriate, alternative accommodation, where according to the

the provisions of the Civil Code shall be sufficient alternative accommodation. ".



82. In paragraph 172, paragraph 1, the words "not exceeding 5000 Crowns" are replaced by

the words "not exceeding 20 000 Czech Crowns, in matters of trade not exceeding 100

000 Czech Crowns ".



173. section 83 para. 2 is added:



"(2) If an order for payment served only one of the defendants, the President of the

the Senate resolution cancels it in its entirety. ".



84. § 174 para. 2 is added:



"(2) if even just one of the opponents of the resistance in a timely manner, the payment

the order in its entirety, and the President of the Chamber shall order the hearing. A corrective

means the only oppose on costs is, however, also here

appeal. ".



85. In article 175 paragraph 1. 1 in the first sentence, after the words "the President of the Senate"

the words "the regional court in commercial matters.



86. § 176:



"§ 176



(1) in matters of custody of minors, the Court on the merits shall be decided by

judgment about the education and nutrition of minor children, parents ' contact with them,

the limitation or deprivation of parental rights, the approval of relevant acts of the

minor and on matters about which the parents cannot agree.

Furthermore, it shall be decided by the judgment on the extension of the constitutional education after

emancipation and abolition of such measures.



(2) the other matters shall be decided by the resolution. ".



87. In § 178 odst. 1 the term "organization" is replaced by "legal

people ".



In paragraph 2, the words "the National Committee, social organisations or even

individual citizens "are replaced by the words" authority of the care of children, the authority of the municipality,

where appropriate, the individual citizens. "



88. under section 191, the following new section 191a, 191b, 191c, 191d, 191e, 191f and

191g, including the following title:



"Control for the vote on the admissibility of the takeover or kept in the Institute

health care



section 191a



(1) the Institute engaged in health care (hereinafter referred to as "the Institute"), in which

are placed persons for the reasons stated in the special rules, it is

obliged to notify within 24 hours the Court in whose area the Institute is to take

Anyone who has placed in him without his written consent (hereinafter referred to as

"sick").



(2) If a person who has been admitted to the medical care with your

written consent, limited free movement or contact with the outside

the world through the course of treatment, the Institute shall make the notification referred to in

paragraph 1 within 24 hours after such a constraint.



§ 191b



(1) for each, which is the Institute shall make the notification pursuant to section 191a,

initiates court, in whose district the is Department, management for the vote on the admissibility of

taken over by the Constitution, unless the acceptance and holding Court in another

control.



(2) if he is not the one who was taken by the Institute, he will appoint another representative

for this procedure, the Court of a guardian.



(3) the Court makes the evidence needed to assess whether to accept (section 191a

paragraph. 1 and 2) for legal reasons, shall be heard by the patient and

the treating physician. Negotiations generally do not need to order.



(4) within seven days from the date on which the limitation under section 191a, Court

the resolution decides that occurred for legal reasons (section 191a

paragraph. 1).



§ 191c



(1) the resolution pursuant to § 191b para. 4 shall be delivered, unless in accordance with established

observations of the treating physician is not able to understand the contents of such

the decision, on his agent (guardian) and the Constitution.



(2) an appeal against that order does not have suspensory effect. Appeal

the Institute may, if it is alleged that the takeover happened in accordance with the

legitimate reasons.



(3) the Institute may release located, even though the Court held that the

the takeover occurred in accordance with the legal reasons.



§ 191d



(1) where the Court held that the takeover was in accordance with the legal

the grounds and located is limited or excluded from contact with the outside world,

the Court continues in proceedings on the admissibility of its next possession of voicing in

of the Institute.



(2) to determine the State of health, the Court will appoint an expert located

The task of the expert's observations about whether the next possession that is located in the Institute

When the reduction or elimination of trade with the outside world is or is not necessary.

An expert cannot be appointed doctor who works at the Institute, in which the

located held.



(3) the Court shall order the hearing, which invites a located (if under

observations of the treating physician or written expert opinion is

located able to perceive the progress and the importance of the negotiations) and his Deputy

(the guardian). At the hearing, shall hear the expert, depending on the circumstances

the attending physician, and executes the appropriate, if any

the evidence.



(4) in the judgment, which must be declared within three months from the

the admissibility of the takeover to the Institute, the Court will decide whether the next possession is

permissible and at what time. Paragraph 191c paragraph. 2 and 3 apply here

by analogy.



§ 191e



(1) the effectiveness of the judgment pursuant to § 191d para. 4 shall expire after the period

one year from the date of its publication, it was not intended to limit

shorter. It is to be held in the Institute extended over this period of time, it is necessary to

carry out a new investigation, and the Court must enable another possession again


decide. Paragraph 191c paragraph. 2 and 3 there shall apply mutatis mutandis.



(2) a judgment referred to in paragraph 1 shall not prevent the Institute dismissed the person

held at the Institute before the expiry of the period referred to in paragraph 1, or

that the guardianship court has made other arrangements.



§ 191f



A person held in the Institute, it is the eligible legal capacity, its representative

(guardian) and her loved ones can even before expiry of the

that is held by permitted to apply for a new examination and decisions on

the release, if justified by the assumption that the next possession at the Institute is not

reasonable grounds. If the Court rejects the proposal to release, may decide that

further investigation will not take place before the expiry of the period for which it was

held in the Institute allowed.



§ 191g



Costs paid by the State. Does not apply, however, the costs of legal representation, with

except in the cases referred to in § 30 paragraph 2. 2 of this Act. ".



89. In § 199 para. 2 are deleted the words "or of the Prosecutor" and connects

the next sentence: "the Court may do so without the design.".



90. in paragraph 200, the following new section 200a, 200b, 200 c, 200d, 200e, 200f,

200 g and 200 h, including the following titles:



"The proceedings in matters of the commercial register



section 200a



(1) proceedings in matters of the commercial register shall be initiated upon the proposal of the physical

or legal entity (hereinafter referred to as the "Entrepreneur"), to which the entry in the register

refers to, or persons authorized to do so under the law.



(2) the Court may initiate proceedings without an application if it is to be achieved the match

between the entry in the commercial register and the actual status.



(3) special regulations shall determine which entrepreneurs and that fact

There is about to be entered into the commercial register.



section 200b



(1) in proceedings for registration of the design is the Court is obliged to examine whether the

met to perform the registration required under the legislation.



(2) the Court shall decide on the content of the registration without a hearing by the resolution. In the operative part

the resolution shall be the date of registration. Registration must be done within one month from the

a decision on the content of the entry.



(3) the provisions of the law the penalties shall apply even in the event that the

the entrepreneur does not obey the court challenges, to indicate fact or

submit documents necessary for registration pursuant to § 200a para. 2.



§ 200 c



(1) the register shall be accessible to everyone, everyone has the right to it

to inspect and take copies and extracts from it.



(2) upon request from the register of a copy, issue an official statement or confirmation

about a particular registration, where applicable, confirmation of the fact that in the register of specific

writing is not.



§ 200d



(1) the commercial register of the District Court at the headquarters of leading regional court (hereinafter

"the Court") for entrepreneurs, who have their headquarters in the circuit

This regional court. Unless they have their headquarters, is the competent court in accordance with

the place of business; If the entrepreneur does not have a place of business, or is leadership

commercial register of the competent court of the place of residence of the entrepreneur.



(2) the law of the Czech National Council and the Slovak National Council Act provides for

that the District Court or equivalent Department built a court at the seat of the regional

the Court is a Court of record.



(3) the commercial terms for the foreign person (§ 21 para. 2 of the commercial code.)

leads the Court in whose jurisdiction is located the undertaking or its organizational

folder (§ 21 para. 3 of the commercial code.).



§ 200e



Control on certain matters of business companies and cooperatives



(1) For proceedings in cases referred to in § 9 para. 4 (b). (b)) to (i))

the regional court with jurisdiction in matters of business, in which

the circuit has a trading company or cooperative has its registered office.



(2) unless otherwise specified in the provisions referred to in paragraph 1, the procedure shall be initiated

on the design, can be initiated even without a proposal.



(3) Participation in the matters referred to in paragraph 1 shall be subject to the provisions of §

94. The matter need not be directing the negotiations. Decisions by the resolution.



In cases concerning voter lists



§ 200f



If the competent authority of the State administration alone does not remove errors or

shortcomings in the lists of voters to the legislatures or of the bodies of

the local government, the citizen may apply to the Court by the competent

According to the constituency, with a proposal for a decision on the implementation of

corrections or additions to the list.



§ 200 g



(1) the parties are the applicant and the competent authority of the State administration.



(2) the Court shall decide without a hearing by order, and within three days.



§ 200 h



Proceedings in matters of Association in political parties and political

movements



(1) the Preparatory Committee does not agree to a political party or political

the movement of the relevant Ministry, warning that the proposal on registration

does not have the formalities required by the law or that the proposal is incomplete or

inaccurate data, the Preparatory Committee may seek a determination that the proposal on the

registration does not have flaws.



(2) a participant in the proceedings is the Preparatory Committee and the competent Ministry.



(3) Relevant to the decision is the District Court in whose area it is situated

the Preparatory Committee.



(4) decisions without a hearing, by the resolution. The appeal against the decision is not

permitted. ".



91. section 201:



"§ 201



A participant may challenge the decision of the Court of first instance, appeal,

If the law does not exclude the. ".



92. In § 202 of paragraph 1. 1 (b). (f)):



"(f)) was or was not allowed to change the proposal;"



in (h)), the dot at the end is replaced by a semicolon and connects

the next letter i), reads as follows:



"i) it was decided to design a citizen on correction or addition

electoral list. ".



93. section 203 shall be deleted.



94. In § 204 paragraph 2. 1 delete the third sentence.



95. In paragraph 207 paragraph. 2, the second sentence shall be deleted.



96. In paragraph 208, first sentence, the words "decides on the admission of withdrawal

the Court of appeal "are replaced by the words" the Court of appeal shall decide on the admission of

the withdrawal "and the second sentence shall read:" the Court will not allow withdrawals, if the other

participant of the serious reasons disagrees. If withdrawal

admit, the Court of appeal cancelled decision of the Court of first instance and the management

stops. ".



97. section 214 paragraph. 2 (a). and the word ") rejected" replaced by the word "refuses".

Paragraph 2 (a). (d)):



"(d)), a decision on the competence of legal capacity, for the vote

the admissibility of the takeover or kept in the Institute of health care, or about

Declaration of death; ".



98. section 217 is deleted.



99. In section 218 paragraph. 1 the word "reject" is replaced by the word "refuses" in

paragraph 2, the word "rejected" replaced by the word "declined".



100. § 222 para. 1 reads as follows:



"(1) if the appellant withdraws the appeal back, the legal power of the contested

decision occurs as if the appeal. ".



The following paragraph 2 is added:



"(2) the appeal may be dealt with and the Court of appeal so that it will admit

withdrawal of proposal for initiation of a proceeding, or approves a settlement back. ".



The former paragraph 2 becomes paragraph 3.



101. In section 228 para. 1 deletes the provisions of subparagraphs (c) and (d))), the existing

the letter e) is renumbered as paragraph (c)); paragraph 2 is deleted and

the former paragraph 3 shall become paragraph 2.



102. In paragraph 229 (a). (b)), after the word "otherwise" the comma is replaced by a dot and the

deleted the words "excluding a complaint for violation of law".



103. In article 230 para. 2 the first sentence reads as follows:



"Three years after the judgment can be made only for

the reason referred to in section 228 para. 1 (b). c).".



104. In paragraph 231 after the word "adopted" the comma is replaced by a semicolon and

the remaining part of the sentence is replaced by the words "This applies mutatis mutandis to the payment

the order ".



105. section 235 paragraph. 2 is added:



"(2) if the Court finds that the contested decision is factually correct, it shall reject the

resolution proposal for amendment. If the Court in the contested decision

the substance of the changes, the new decision replaces the original decision. "



and connects a new paragraph 4 is added:



"(4) the legal relationship of someone other than a party to proceedings may not be new

affected by a decision. ".



106. The provisions of title third (complaint for violation of the law) shall be replaced by

including the designation of this title by this text:



"The appeal of the



The admissibility of the appeal



section 236



(1) the further appeal may be subject to final decisions of the Court of appeal,

If the law permits.



(2) leave to appeal only against the grounds of the decision are not permissible.



§ 237



The appeal is admissible against decisions of the Court of appeal,

If



and) it was decided in the case which does not belong to the jurisdiction of the courts,



(b)) the one who acted as a participant in the proceedings, did not have the capacity to be

party to the proceedings,



(c)) had sued the party and was not properly represented,



(d)) in the same case has been finally decided, or in the same case

It was previously seized



(e)) was not filed for initiation of the procedure, although by law it was

should be,



f) party was deprived of the possibility of the Court Procedure Act before the

the Court,



g) ruled the excluded by the judge or the Court was improperly cast, unless

instead of a single judge ruled the Senate.



§ 238



(1) the appeal is permitted against a decision of the appeal court, which was

changed the judgment of the Court of first instance on the merits.



(2) the appeal is admissible against the judgment of the Court of appeal also, which

He was confirmed by the judgment of the Court of first instance, if the Court of appeal



and expressed in the operative part of its) certifying the judgment, that is the appeal of the

acceptable, because it is a decision of fundamental law


importance,



(b)), which stated it was decided otherwise than in an earlier

the judgment because the Court of first instance was bound by the legal opinion of the Court,

that earlier decision set aside.



(3) the appeal is not admissible in matters covered by the Act on the family,

unless it is a judgment on the limitation or deprivation of parental rights, specifying

(denial) paternity or irrevocable adoption.



§ 239



(1) an appeal against a resolution is also the Court of appeal, which

changed order of the Court of first instance.



(2) the appeal is admissible against the resolution of the Court of appeal, which

has been confirmed by order of the Court of first instance, if



and the Court of appeal) expressed in its resolution to the effect that the appeal

acceptable, because it is a decision of fundamental law

importance,



(b)), a resolution on the draft to stop the enforcement of a decision on the basis of

of a foreign decision,



(c)), a resolution on the draft to stop the enforcement of a decision pursuant to section 268

paragraph. 1 (b). g) and (h)).



(3) the provisions of paragraphs 1 and 2 shall not apply in the case of a resolution on the

jurisdiction, interim measures, riot, about znalečném, liable to a fine

tlumočném and on costs, as well as about those resolutions in matters

governed by the law on the family, in which the substance of the matter shall be decided by

by resolution.



(4) the provisions of paragraphs 1 to 3 shall also apply to a resolution, which

was dealt with appeals from the State notary; the provisions of the

section 236 and 237 here shall apply mutatis mutandis.



Filing an appeal



§ 240



(1) a participant may submit an appeal within one month of legal power

the decision of the Court of appeal to the Court or a notary public, which

decisions at first instance. If the Court of appeal issued a corrective

resolution, this time limit is running from the delivery of amending the resolution.



(2) the deadline referred to in paragraph 1 may not be waived. The deadline, however, is

maintained, if leave to appeal is lodged within the time limit for appeal or

dovolacího Court.



§ 241



(1) an appeal shall be in addition to the General requirements (section 42 (3))

outlined against which decision points, to what extent and for what

the reasons for this decision, where appropriate, that the evidence should be

carried out to demonstrate the reasons for the appeal and what dovolatel claims.

Dovolatel must be represented by a lawyer or a commercial lawyer, if

does not have a law degree or his employee (member)

It is.



(2) the appeal may be justified only by the fact that



and) in the proceeding occurred defects referred to in § 237,



(b)) to control another is affected by a defect that resulted in incorrect

judgment in the matter,



(c) the decision is based on the facts) findings, which does not have a substantial

part of the support in the inquiry,



(d) the decision is based on incorrect) legal adjudication of the matter.



(3) the provisions of § 209 and 210 shall apply mutatis mutandis.



Proceedings in the Court of dovolacího



§ 242



(1) the Court shall review the decision of the Dovolací the Court of appeal, in so far

his statement was attacked. Unless the defects referred to in § 237,

the defects in the proceedings, which were not applied in the appeal, unless the

These defects have resulted in an incorrect decision in the case.



(2) the Court is not bound by the scope of the Dovolací dovolacích designs



and) in matters in which proceedings may be initiated without a draft,



(b)) in cases where the operative part of the contested decision is dependent,

that a further appeal was not affected,



(c)) in cases where such joint rights or obligations that

the decision must apply to all participants, who act on

the one hand, and where acts of one of them for the other (§ 91

paragraph. 2), even though the appeal filed only one of the parties,



d) if it is apparent from the legislation a specific method of settlement of the relationship

among the participants.



(3) the parties may, for the duration of the period for appeal to change the range, in

where the decision of the Court of appeal. The proposal to change the dovolacího

does not require the consent of the Court.



§ 243



Before the decision on the appeal, the Court, which has to decide,

defer enforcement of the contested decision. ".



107. Section 243 section 243a shall be inserted, and the 243d 243b, 243c are added:



"§ 243a



(1) the Dovolací rule, the Court shall order the hearing of the appeal in cassation against the judgment;

the hearing unless, in the case of the cases referred to in § § 241 and paragraph 237. 2

(a). (b)), and (d)).



(2) if the court orders the dovolací negotiations, proceed by analogy with § and § 215

paragraph 216. 2. The taking of evidence, however, does not.



(3) on an appeal against a resolution shall be decided without negotiations.



section 243b



(1) judgment of the Court of Appeal rejects the Dovolací, comes to the conclusion that the

the decision of the Court of appeal is correct; otherwise the contested decision

judgment which annuls.



(2) if the decision of the Court of appeal, the Court of dovolací, returns the matter to the

further proceedings. Even if the decision of the Court of first instance or the State

notary defects, for which the decision of the Court of appeal was abolished,

dovolací Court cancels this decision and returns the matter to the Court of first instance

or to the notary for further proceedings, if appropriate, refer the matter to the

authority, to whose jurisdiction they belong.



(3) if the decision of the Court of appeal, the Court of dovolací and the Court of first

degree or State notary of the grounds provided for in § 237 (a). and), (b)),

(d)), and (e)), the resolution also decides about the termination of the proceeding.



(4) the provisions of § 218 paragraph. 1, § 224 of paragraph 1. 1, § 225 and 226 applies to

proceedings in court dovolacího accordingly. Considering the appeal of the back, dovolatel

dovolací court proceedings by order of stops.



§ 243c



In dovolacího the Court shall apply mutatis mutandis the provisions relating to proceedings before

Court of first instance, unless something else; the provisions of §

92 and 95, however, for the dovolacího of the court proceedings in the case.



§ 243d



(1) if the annulment of the contested decision, the Court, whose decision

has been canceled, it is also about things. It is the legal opinion of the Court, that

on appeal, the binding. In the new decision, the Court again

and on the costs of the main proceedings.



(2) if the Court of appeal, together with the decision repealed decision

State notary, which decided in the first instance, the procedure of the State

notary mutatis mutandis pursuant to paragraph 1.



(3) the legal relationship of someone other than a party to proceedings may not be new

affected by a decision. ".



108. Chapter four part four shall be replaced by the following:



"PART FIVE



Administrative justice ".



109. § 244, including headings:



"HEAD FIRST



General provisions on administrative justice



§ 244



(1) in the administrative judiciary examine courts based on actions or

appeals the lawfulness of the decisions of public authorities.



(2) in the administrative judiciary the courts the lawfulness of the decision under review

bodies of State administration, bodies of territorial self-government, as well as the organs of interest

Government and other legal entities, if the law confers on the

deciding on the rights and obligations of natural and legal persons in the

the area of public administration (hereinafter referred to as the "decision of the administrative authority").



(3) decisions made by administrative bodies means the decisions issued by them in the

administrative proceedings, as well as other decisions were based, amended or

cancels the permissions and obligations of natural or legal persons. ".



110. section 245 reads as follows:



§ 245



(1) when reviewing the legality of the decision of the administrative authority, shall examine the

previously made by the Court and the legality of an administrative decision, on which the

the decision is based, if it was previously made for them

decision binding, and if not for its review, for a special

procedure.



(2) the decision by the administrative authority issued on the basis of the law allowed

free thoughts (administrative discretion), the Court shall examine only whether such a

the decision of the limits and guarded the justifications set out by law. ".



111. § 246 reads as follows:



"§ 246



(1) to review the decision of the county courts are, in substance,

unless the law provides otherwise.



(2) the Supreme Court of the Czech and Slovak Federal Republic is materially

responsible for review of the decision of the central authorities of the Czech Republic and

Slovak Federal Republic.



(3) the Supreme Court of the United States or the Supreme Court of the Slovak

States are responsible for the examination of the substantive decisions of the Central

the authorities of the Czech Republic or the Slovak Republic, with the exception of

retirement and health security and physical security of candidates

for employment according to the rules of employment.



(4) the district courts are competent to review any substantive decisions on the

provincial offences Act and in cases where this is provided for by law. ".



112. in paragraph 246 the following new section 246a, 246b and 246c are inserted:



"section 246a



(1) the locally competent is the Court in whose district the seat of the administrative authority

whose decision is being reviewed, unless otherwise provided.



(2) in proceedings under this section, the head of a third locally competent General

the Court of the petitioner or of the County Court in whose district the is this Court.



sec. 246b



(1) in reviewing the decisions of administrative authorities, the courts act and the

decide in chambers of the President and two judges, if not

unless otherwise provided for.



(2) the single judge and determines matters, to which are

venue of the district courts and in cases for which it expressly provides for the

the law.



§ 246c




To address issues that are not directly addressed in this section is to be used

apply the provisions of the first and third parts of this Act. ".



113. the second head including title and section 247:



"THE HEAD OF THE SECOND



Deciding on the charges brought against the decisions of administrative bodies



§ 247



(1) pursuant to the provisions of this title shall be applied to cases in which

natural or legal person claims it was truncated on its rights

by decision of the administrative authority, and asks the Court to review the legality of

This decision.



(2) the decision of the administrative authority, issued in the administrative procedure is

the premise of the procedure under this title that it was a decision that after

the exhaustion of ordinary remedies are allowed for them,

determined by the authority. ".



114. Section 248:



"§ 248



(1) the courts nepřezkoumávají decisions of administrative authorities, which do not have

the nature of the decision about the right or obligations of natural or legal persons,

in particular, the generally binding (canonical) acts, decisions of the organizational nature of the

and decisions governing the internal affairs of the authority which issued it.



(2) the courts further nepřezkoumávají



a) decisions which are reviewed under the third head of this part

or according to the General provisions of the code of civil procedure,



(b)) decisions of administrative authorities in civil and commercial

cases in which the administrative authority speaks on behalf of the State as the owner of the

or other party to the legal relationship



(c) the decision of the authorities of the military administration), which was released for the preparation and

performance of the tasks for military readiness state



d) orders the armed forces officials and armed forces,



(e)) preliminary decisions of administrative authorities, procedural or riot

nature including decisions on any penalties,



(f)) decisions of administrative authorities on the disciplinary punishment of members of the

the armed forces and the armed forces, if they restrict personal

freedom or if they do not result in termination of the service relationship,

convicted in nápravně maladjusted, as well as the accused in the

custody,



(g)) decision, whose release depends exclusively on the assessment of health

the status of persons or technical condition of things when in itself does not constitute an

the legal obstacle of the profession, occupation or business or other

economic activity,



h) decision to reject or withdrawal of the professional competence of physical

persons, if not in itself does not constitute a legal obstacle to the exercise of the profession of

or employment,



I) decisions on applications for performance, for which it is not entitled, or

requests for removal of the hardness of the Act, in particular the decision of the financial

authorities for relief on contributions, taxes and fees,



j) decision which rejected the application for authorisation of exemptions from the

safety regulations and technical standards.



(3) in addition, are excluded from the review of court decisions

the administrative authorities issued on the basis of the provisions referred to in Annex A,

that is part of this law, as well as the decisions, which

review excludes the special laws. ".



115. section 249:



"§ 249



(1) proceedings are initiated on a design that is called an action.



(2) the application must contain, in addition to the General requirements for filing the designation

decision of the administrative authority, which attacks, expressing the extent to

with this decision, statement of reasons, in what the Prosecutor sees the

the illegality of the decision of the administrative authority, and what the final proposal is. ".



116. section 250:



"§ 250



(1) participants in the proceedings, the plaintiff and the defendant.



(2) the applicant is a natural or legal person who, claiming that

as a participant in the administrative procedure was by decision of the administrative authority

truncated in their rights. Can i bring a court action natural or legal

the person with whom it was not administratively treated with attendee

Although as a participant in the negotiations should be.



(3) if the decision of the administrative authority feels on your rights

shortened more persons may submit a joint claim. The parties are

also those covered for community rights are inseparable, the plaintiff must

also be subject to a court decision (article 91, paragraph 2).



(4) in the administrative authority's decision issued in the administrative procedure is

the defendant administrative authority which decided on the final stage. ".



117. in paragraph 250, the following new paragraph 250a to 250s are added:



"sec. 250a



The applicant must be represented by a lawyer or a commercial lawyer, if

does not have a law degree or his employee (member)

It is in court; This does not apply in cases in which it is given by g/l

the jurisdiction of the District Court or in the case of review of the decision in

cases of sickness insurance or pension schemes.



§ 250b



(1) the application must be lodged within two months of notification of the decision

administrative authority at the final stage, where the special law does not

otherwise. Missed periods cannot be waived.



(2) if the action is brought by someone who claims that his decision

the administrative authority has not arrived, even with him as a party to the proceedings

should be treated, the Court shall verify the accuracy of this claim and saves the administrative

authority to deliver this party an administrative decision and, according to circumstances,

postpones its enforceability. This opinion of the Court is the administrative authority

bound. After performing a service shall submit to the administrative authority of the writings of the Court to

the decision on the application.



§ 250 c



The action does not have suspensory effect on the enforceability of the decision of the administrative

authority, if a special law does not provide for something else. At the request of the participant

the President may, by resolution of the Senate of the enforceability of the decision to postpone,

If communicating the performance of the contested decision threatened to severe

the injury.



section 250 d



(1) the President of the Chamber shall seek the defendant's writings of the administrative authority, which is

It is obliged to immediately submit along with the writings of the administrative body of the first

the degree.



(2) if the Court finds the President of the Senate, that the Court is not materially or locally

appropriate, shall refer the matter to the competent court.



(3) the President of the Senate resolution proceedings be suspended if the action was

submitted late, if it was made by an unauthorized person, if

is directed against a decision which cannot be the subject of review

a court, if the plaintiff has not remedied any defects removal actions

the Court ordered and to the factual claims, or if the plaintiff pending

is not represented under Section 250a, or if the action has been withdrawn (section

250 h of paragraph 1. 2).



§ 250e



If there is no pending legal action in the manner specified in section 250 d of paragraph 1. 2 and 3,

delivers a copy of the Court the defendant claims. President of the Chamber may order the

the defendant, to the content of the action expressed by the deadline, which at the same time

Specifies.



§ 250f



In simple cases, in particular if it is beyond doubt that the administrative authority

It was based on the observed facts correctly, and if it is just about the

the assessment of legal issues, the Court may decide the application without a hearing

judgment. As progresses, if the contested decision is nepřezkoumatelné

for the obscure nature or for lack of reasons.



§ 250 g



(1) if there is no pending legal action in the manner specified in § 250f, summon

the President of the Senate to the conduct of the participants; It may request the necessary

supporting documents, where appropriate, further written observations of the parties.



(2) where the parties fails to appear for the hearing, the case may be dealt with under the

their absence; proceedings shall not be discontinued because of this.



section 250 h



(1) up to the decision of the Court the applicant may attack range of the administrative

the decision to limit; It may just within the time limit under paragraph 250b.



(2) up to the decision of the Court the applicant may withdraw; If

the defendant, meanwhile, produced most of the costs of the proceedings, the Court will decide their

the refund.



§ 250i



(1) when reviewing the legality of the decision is for the court hearing

the facts that there was at the time of the contested decision;

the taking of evidence is not performed.



(2) if the administrative authority's decision, meanwhile, challenged by a protest

the Prosecutor, Court of actions is interrupted until his discharge; If

the contested decision was repealed or amended, the Court of actions

stops. Similarly, if the lawsuit to court was

against the final decision of an administrative authority filed an extraordinary appeal

resource.



(3) to the defects of the proceedings before the administrative authority, the Court shall take into consideration only if

the flaws affect the legality of the contested decision.



§ 250j



(1) if the Court concludes that the contested decision is in accordance with the

by law, the said judgment, the claim is rejected.



(2) if the Court concludes that an administrative decision to review the case after

legal page incorrectly, or that the finding of facts, from which the

was based on an administrative decision, is in contradiction with the contents of the files or the

establishment of facts is insufficient to assess things, cancels the

the judgment of the contested decision of the administrative authority and depending on the circumstances and

decision of the administrative authority of the first instance and returns the matter to the respondent to

the administrative authority for further proceedings. The Court cancels the challenged decision and

then, if it turns up at the hearing, that are nepřezkoumatelná for

incomprehensibility or lack of reasons.



(3) the administrative authorities are bound by the legal opinion of the Court.




(4) against the decision of the Court is not subject to appeal.



§ 250 k



(1) if the petitioner Had success in whole or part, the Court of him against the defendant

shall grant the right to full or partial reimbursement of the costs. It can also

decide to pay the costs in whole or in part, if

for this reasons worthy of special attention.



(2) If, after the annulment of the decision of the administrative authority were

the new decision, which was to the new action is cancelled because the

the administrative authority has deviated from the legal opinion in the first judgment

the Court, without a change in the facts or the legal situation, saves the Court

the Administrative Department to replace all of the costs of legal proceedings.



THE HEAD OF THE THIRD



Decision making



for appeals against decisions of administrative bodies



section 250 l



(1) pursuant to the provisions of this title shall be applied to cases in which the

the law confers on the courts deciding on appeals against

non-definitive decisions of administrative bodies. ^ 35)



(2) if in this title, unless otherwise specified, shall be used mutatis mutandis

the provisions of title to the other with the exception of paragraph 250a.



§ 250 m



(1) proceedings are initiated upon the proposal, which is to appeal against the

decision of the administrative authority.



(2) the application shall be lodged with the competent court within thirty days from the

notification of the decision, unless a specific law provides otherwise. A proposal from the

is filed in a timely manner even if, if it was filed within the time limit by the authority which issued the

decision. If the decision does not contain the letter of appeal, can be

the attack, within six months from its delivery.



(3) the parties are the ones who are in control of them before an administrative

the authority and the administrative authority whose decision is being reviewed.



section 250n



If the nature of the stuff does not exclude, the one who submitted the patch

means, to propose that enforceability of the contested

decision. This Court may grant the petition if you follow

the contested decision was thwarted by the purpose of the review.



§ 250o



If the administrative authority whose decision the Court review, issue of the new

the decision establishing the design completely, the Tribunal proceedings will stop.



§ 250 p



If the motion is filed late or who is not entitled to it, or

If you can think of a decision which is not subject to review or

If the applicant has not remedied any defects, the Court ordered the removal and

prevents the execution of the proposal, the Court in a calm resolution of the appeal

rejects.



§ 250q



(1) if there is no settlement of the appeal in the manner specified in §

250f or § 250o Court shall authorise negotiations. The Court may make the evidence

necessary to review the contested decision.



(2) the Court shall decide on the appeal by judgment, by which the revised

the decision to either confirm or cancel and return to the next control.



§ 250r



If the court sets aside the decision of the administrative authority, the administrative authority when new

discussion of the legal opinion of the Court-bound.



§ 250s



(1) the decision of the Court are not, except in cases referred to in paragraph 2

the permissible remedies.



(2) in matters of pension schemes may be brought against decisions of the

the regional court of appeals, decided by the Supreme Court of the Republic;

the appeal is allowed. ".



35) at the present time in particular, the following cases: § 57b para. 1 of law No.

54/1956 Coll., on sickness insurance of employees, as amended by Act No.

180/1990 Coll., in the case of a decision on the duties of the employee or other

the recipient of the sickness insurance cash benefits or allowances to children

return the overpayment on a dose of wrongly paid, as well as against a decision

in other than batch matters of health insurance,



§ 122 para. 1 of the law No. 103/1964 Coll., on cooperative security

peasants in the disease and about security of mother and child, as amended by Act No.

180/1990 Coll., in the case of a decision concerning the obligation of the recipient of the

security in illness and the security of the mother and child to return overpayment

the dose of wrongly paid, as well as decisions in other than

batch security matters in the disease and the mother and child, security



§ 112 para. 3 of Act No. 44/1974 Coll., the Customs Act, as amended by Act No.

117/1983 Coll. and Act No. 5/1991 Coll.



§ 7, 8 and 61 paragraph. 2 Act No. 147/1983 Coll., on weapons and ammunition, in

amended by Act No. 49/1990 Coll.



section 122 and 145a Act No. 100/1988 Coll., on social security, as amended by

Act No. 110/1990 Coll. and Act No. 180/1990 Coll., in the case of a decision on

the legal entitlement to a benefit pension schemes, as referred to in paragraph 7 (b).

# 1-7), (a). (b)), and (c)). the Act,



§ 9 para. 4 and 7 of law No. 37/1989 Coll., on protection against alcoholism

and other addictions,



§ 8 para. 3, § 11 (1) 2 and § 12 para. 3 (b). (c) Act No. 83/1990)

Coll. on Association of citizens,



§ 11 (1) 3 and section 13 of Act No. 84/1990 Coll. on the right of Assembly,



§ 28 para. 3 of law No. 128/1990 Coll. on advocacy,



section 27 para. 3 of the law no SNR 132/1990 Coll. on advocacy,



§ 28 para. 3 of Act No. 172/1990 Coll., on universities,



section 25 of Act No. 209/1990 Coll., of the commercial lawyers and legal

assistance provided,



section 113 para. 2 Act No. 382/1990 Coll. on parental benefit, as regards

the decision to return the overpayment,



section 28 of the Act SNR No. 129/1991 Coll. on commercial solicitors,



§ 9 para. 3 and 6 of Act No. 229/1991 Coll., on the adjustment of the ownership

land and other agricultural property,



§ 18 para. 1 of the law No. 451/1991 Coll. laying down some more

prerequisites to perform certain functions in State bodies and

organizations of the Czech and Slovak Federal Republic, the Czech Republic and

The Slovak Republic,



section 17 of Act No. 308/1991 Coll. on freedom of religious belief and the status of

churches and religious societies,



section 34 of the law No. 237/1991 Coll., on patent representatives,



§ 8 para. 5 of law no 424/1991 Sb.



118. the present part of the fifth is known as part six.



119. In paragraph 251, the second sentence shall be deleted.



120. In paragraph 252 paragraph. 2 the words "the Czechoslovak Socialist Republic"

replaced by the words "the Czech and Slovak Federal Republic".



121. In article 258, paragraph 3 be deleted.



122. In paragraph 259, paragraph 2 shall be deleted and paragraph 1, in which the

at the end of the first sentence, the words "and to declare their assets" and

the second sentence is deleted.



123. section 260 paragraph. 1 reads as follows:



' (1) as regards the recovery of maintenance for the minor child, the Court shall give the

request of a participant to help determine the domicile of a decision on

obligation. The Court shall proceed, in cooperation with other

State bodies. ".



124. In § 261 para. 1 in the third sentence, the words "the Organization against which"

replaced by the words "one" in the fourth sentence, the words "citizen

or organization "are replaced by the words" natural or legal person ".



125. In section 264 paragraph. 2 the word "organization" and "organization" are replaced by

the words "legal entity" and "legal persons".



126. In section 265 para. 1, the second and third sentences are deleted.



127. In section 267 para. 2 the words "the authenticity or the amount" shall be replaced by

"authenticity, above or order".



128. In article 269 paragraph following paragraph 2 is added:



"(2) in the cases referred to in § 268 paragraph. 1 (b). g) and (h)) is decided

as a rule, after previous negotiations. "



and paragraph 2 becomes paragraph 3.



129. section 272 para. 2 is added:



"(2) before the regulation enforcement, the President of the Senate shall in writing ask

the person who refuses to submit to a court decision or court

an approved agreement on the custody of minor children, and adjusting the contact with them,

in order to submit to a court decision or a court-approved agreement to

undertake. In this challenge will notify whether or not on the consequences of non-compliance

laid down in the decision or in the agreement. ".



In paragraph 3, the words "the National Committee and the social organization"

replaced by the words "the competent authority of the municipality and authority of the care of children".



130. In paragraph 273, in paragraph 1, the expression "1000" is replaced by "2000"

and in paragraph 2, the words "with the National Committee" shall be replaced by "with the

the competent authority of the municipality ", and the words" with others "shall be replaced by the word" shall ".



131. In paragraph 274) in subparagraph (c), the words "the Commission discharge for the work

disputes ", and the letters e) and (f)):



"e) of notarial entries that contain the civil commitment and in which

are marked by a person authorised and required legal reason, subject, and time

performance, if the taxable person to the enforceability in the notarial registration

She relented;



f) enforceable decisions of the organs of State administration and territorial self-government

including the payment of assessments, statements of arrears of taxes and charges,

as well as the settlements approved by those authorities; ".



132. section 275 paragraph 2. 2 is added:



"(2) the Court is, however, always be entitled to before the regulation enforcement

review the accuracy of the confirmation of enforceability of all the titles for the

execution of the decision. ".



133. In paragraph 277 of paragraph 1. 1 the words "and, where appropriate, whether or not deductions attributable to State

where corrective measures were imposed "to emit.



In paragraph 2, the first sentence reads as follows:



"The net pay will be included and net remuneration for secondary activity,

which the worker performs at it, who is in the employment relationship. ".



134. In paragraph 278, the words "the Czechoslovak Socialist Republic"

replaced by the words "the Czech and Slovak Federal Republic".



135. § 279 paragraph 2. 2 (a). (c)):




"(c) the claims of damages) caused by an intentional crime;"



in paragraph 3, the words "the Czechoslovak Socialist Republic"

replaced by the words "the Czech and Slovak Federal Republic".



136. In paragraph 285, the following paragraph 3 is added:



"(3) if the deposit is to be paid for a period longer than one month shall be calculated,

How many falls from advance payments for each month, and from the following

calculated monthly rewards are made to the debtor. Total

the remuneration of the statutory for the past year are allocated evenly to each of the

of the month. Of the monthly remuneration shall then be calculated definitively deductions and

the creditor pays the difference between the amounts that should be compulsory

down in individual months, and the sums actually from backups

the creditor has already been paid. ".



137. In § 290 paragraph 1. 2, the second sentence shall be deleted.



138. section 293 paragraph. 3 read as follows:



"(3) for changing the payer's wages pursuant to paragraph 1 will not be considered if

the debtor after enforcement becomes entitled to a cash benefit

health insurance replacing wage and if he dose it pays

payer's wages. "



139. § 294 paragraph 1. 1 reads as follows:



"(1) a person who receives the citizen to work is obliged to request from him

a certificate issued by the who last worked for citizen, whether

enforcement was ordered deductions from his salary, which the Court and in whose

benefit. Such a certificate shall be issued to citizens of any employer,

which has stopped working. "



in paragraph 2, the words "if it finds the Organization, for which he required"

replaced by the words "if it is found that, for whom he required",



the following paragraph 3 is added:



"(3) the Court, who joined the newly required to work, delivers to

your own hands the resolution, in which it informed of performance regulation

the decision of wages, get acquainted him with the progress of the performance

the decision, in particular with the amount of deductions, shall be carried out so far, how high

the claim is for which deductions are to be further carried out, and what is

her order; invite him to the date when the resolution will be referred to in this

the paragraph served in the mandatory wage deductions continued, and notifies the

it to all its obligations for the enforcement of wages. "



140. In paragraph 299 para. 1 the first sentence of the words "sickness": "cash

maternity benefit, scholarships, reimbursement of half of earnings, compensation

provided for the performance of social functions and security of material

job seeker. "



the second sentence of paragraph 1 is deleted.



Paragraph 2 reads:



"(2) with regard to the enforcement of the pension deductions from citizen, which of the

This pension pays the cost of a stay in a nursing home, is not subject to

enforcement of the judgment, the amount required to cover the stay and the amount equal

to the amount of spending money in this Constitution. "



the following new paragraphs 3 and 4 are added:



"(3) the provisions on the enforcement of wages shall apply to

enforcement deductions from remuneration arising from the agreement on working

activity.



(4) other income within the meaning of paragraph 1 cannot be regarded as remuneration for the

perform work pursuant to section 236 of the labour code no matter what was

agreed about the due remuneration. ".



141. In paragraph 300 are deleted paragraphs 1 and 3, paragraph 2, in which the

the word "družstevníkům" shall be replaced by the words "the members of the cooperatives".



142. In § 301 para. 1 the words "on the organization or citizen" shall be replaced by

the words "on the legal and physical person".



143. § 304 shall be deleted.



144. section 305 to 308:



"§ 305



The proposal for a regulation, the Court shall decide on the legitimate exercise of the resolution, in the

which



and orders him to be guided by the Constitution) to after that, when a writ of

the judicial power, wrote back with accessories from the account receivable

principal and to pay it after the final resolution of the creditor,



(b)) disables the compulsory, so that after that, when he will be served with a writ of

the decision means disposed on the account up to the enforceable

the claim and its accessories.



§ 306



The enforcement order shall be delivered to the creditor, the debtor and the cash

the Institute; Monetary Institute shall be delivered into your own hands.



§ 307



(1) that the resolution on the writ the Court has power, the Court

notify the financial institution; This notification the Court shall deliver to the Monetary Institute

your own hands.



(2) the financial institution pays the debt from the debtor's account then.



§ 308



To order the payment of the debt, for which enforcement was ordered, it is

a decisive day on which the writ was served on the monetary

the Institute; If it was the same day he delivered a writ for

several of the claims, and the account is not enough to satisfy compulsory

all claims shall be individual claims for which there has been

the enforcement order on the same day, fairly; the provisions of § 316 paragraph. 2

and (3) shall apply mutatis mutandis here. ".



145. In § 310, the word "organizations" is replaced by "legal persons".



146. section 311:



"§ 311



If the financial institution does not flow as it saved the provisions of § 305,

308 and 309, the legitimate claim, and even if he's no longer on the account

the debtor is not sufficient funds to pay the financial institution

the amount to which would have the right, if the financial institution has followed

properly. ".



147. In § 312 paragraph 1. 1 the words "and are deleted even if

the receivable became due before the debtor in the future ",



After paragraph 1, insert a new paragraph 2 is added:



"(2) the following shall be treated in the event that the claim debtor happens

payable only in the future, as well as in the event that the debtor will be sub

claims from the same legal reason gradually emerge in the future. "



the former paragraph 2 becomes paragraph 3.



148. In paragraph 317 new paragraphs 3 and 4 are added:



"(3) the enforcement of decisions are not subject to cash benefits and social care.



(4) enforcement of the debiting of the account at the financial institution are not subject to

the funds on the account that an explicit statement of the statutory are intended

for the payment of salaries to its employees for the pay period closest to the date of

When the Monetary Institute was delivered writ. ".



149. Section 318 is deleted.



150. In section 319 para. 1, the quote "§ 279 paragraph 2. 3 "is replaced by the quote" § 279

paragraph. 2 "and paragraph 3 is added:



"(3) the provisions of paragraphs 1 and 2 shall apply, mutatis mutandis, also with regard to

claims of copyright and related rights of the claims of physical

people out of their commercial activities. ".



151. The existing text of § 320 becomes paragraph 1, quotes "section 314

up to 316 and 321 "is replaced by the quote" section 313 to 316, 321, 327 and 330 "and

connects to a new paragraph 2 is added:



"(2) the enforcement of a decision against a member of the cooperative disabilities Member

the proportion of housing association in the building for the duration of the compulsory membership is not

permissible. ".



152. § 322:



"§ 322



(1) of the things that are in the possession of the debtor, cannot relate to the performance of the

the decision, which required urgently needs to satisfy

the material needs of their and their families or to carry out its work

tasks, or to your business, as well as other things whose sale would

He was in conflict with the moral rules.



(2) the following are excluded from enforcement in particular



and) common garments, common household items,



b) wedding ring and other items of a similar nature,



c) medical supplies and other things that required needs due

to their disease or physical defect



(d) the amount of cash) 1000 Kčs. ".



153. In paragraph 326 paragraph. 1, in the last sentence, the words "a local national

the Committee "shall be replaced by the words" authority ",



the following paragraph 2 is added:



"(2) if not taken legitimate perishables for the price

in these cases, the bailiff shall designate, shall transfer to the debtor to the free

loading. "



paragraphs 2 and 3 shall become paragraphs 3 and 4.



154. section 328:



"§ 328



After the final resolution of the enforcement order written things

evaluate if the price is not determined officially. ^ 36) estimation

ensure that the President of the Senate; the experts picked up the slack when in simple cases

not enough to estimate conducted by the bailiff when you write things. ".



36) section 5 of the Act No. 526/1990 Coll., on prices.



155. under § 328 paragraph shall be inserted after 328b 328a and shall be inserted:



"§ 328a



(1) after the final resolution on enforcement and after estimating

written things President of the Chamber shall ensure that the



and) particularly relevant artwork and monuments,



(b) particularly significant manuscripts) literary works,



c) personal points of correspondence especially writers and

cultural operators, as well as other souvenirs Museum nature

After these persons,



(d) objects bigger cultural historical) values and their files have been

offered to purchase for cash to institutions whose mission is to care for the

such sights, at least for the appraised price.



(2) if the institution within thirty days of the receipt of the request

does not respond to the offer, and does not fold in the Court of the assessed price Court and these

items sell way below.



§ 328b



(1) the Written stuff they sell in the auction, which takes place either at the place where

written things are, or in court.



(2) the Court shall be notified to the debtor, the creditor of the auction year, co-owners


Affairs and local government authority in whose area the auction will be held

and in whose district has a compulsory place of residence. In addition, the auction house a year

publish a manner in place of the usual.



(3) a bailiff carries out the Auction, which auction report.

The executor and principal shall not bid. ".



156. Section 329:



"§ 329



(1) the lowest administration amounts to two-thirds of the assessed or officially defined

prices. The bidders are bound by their submissions, if the submission has been made

higher. The price auctioned is not limited by the provisions of the price

regulations.



(2) the Court shall give a hammer to the auctioneer, who makes the highest bid. If

Several bidders the same submission, and unless done higher allowable

the filing, the Court will decide by lot who has the hammer action grant. The successful bidder must

the highest Administration immediately pay; If it fails, the matter again, without

his participation.



(3) the transition of ownership to the purchaser shall cease on the slow-moving faults

things. ".



157. section 330:



"§ 330



(1) auction ends as soon as the achieved yield enough to meet

the lenders.



(2) if the buyer to put things, recompress the Court auction.



(3) the things for which they cannot find buyers even at auction again, you may

authorized to take, within 15 days after the notification of the non-results of the auction at

two-thirds of the assessed or officially defined prices. Among several

eligible, willing to assume otherwise, decisions of the order (section 332 paragraph 1.

1). Sales made by the takeover has the same effects as sales in

auction. ".



158. In paragraph 333 para. 1, the quote "section 322 (f). (d)) "by quoting" § 322

paragraph. 2 (a). (d)) ".



In paragraph 2, the words "foreign money" shall be replaced by the words "credit (§ 1

paragraph. 2 Act No. 528/1990 Coll., the foreign exchange law) ".



159. In paragraph 335 paragraph. 2 and 3 are added:



"(2) the regulation of the enforcement of the decision shall apply to the property and its

components and accessories.



(3) the resolution of the writ must include a ban on the

mandatory property transferred to someone else, or burdening the it. Additionally, in the

saved on the debtor within 15 days to announce whether and who has real estate

right of first refusal, with lessons that when you notify the debtor is responsible for the

the damage caused by this. "



connects a new paragraph 4 is added:



"(4) the resolution of the writ the Court delivers to the creditor,

compulsory, co-owners and persons who have an option to purchase real estate

or other property right, then to the appropriate taxing authority of the State

Administration and authority of local and regional authorities, in whose district the property is, as well as

even the local government authority, in whose district the place of residence of the debtor.

In addition, the resolution of the display on the notice board of the Court until the fly

auction. ".



160. the following section is inserted after section 335 335a, which reads as follows:



"sec. 335a



(1) the enforcement of a decision shall be made through auction; It is performed by a judge.



(2) For the order authorized the satisfaction from the proceeds of the enforcement of a decision is

the crucial time when a court performance was on the regulation of performance

the decision of the auction ".



161. section 336:



"§ 336



(1) after the final resolution of the enforcement order, the Court shall endorse the

estimation of the property and its accessories. About the time and place of the estimate of the Court

shall inform the creditor, the debtor, the co-owners, and those for which the

stick to real estate other defects, and the District Office.



(2) if the property has been estimated at the time of one year before the date on

When the enforcement order has to be able to, and if the

changed circumstances decisive for determining the price, the Court may by the new

estimate. ".



162. in paragraph 336, the following new section up to 336p 336a are added:



"§ 336a



(1) an estimate will determine what price has real estate. In addition, the

individually evaluate defects that the successful bidder must take without counting

the highest bid (section 336 m (1)), as well as the deficiencies which the successful bidder

takes over the netting set at the highest submission (section 336 m (2)).



(2) the rights connected with the real estate shall be estimated so that advantage is found,

you bring these rights to the creditor in a period of one year, and

the value of this benefit is multiplied when the unlimited rights of twenty,

When rights are limited by the number of years over which has the right even

take, but not more than twenty.



(3) glitches stranded on real estate shall be estimated according to the economic injury

resulting from defects for with. When the deficiencies of an unlimited duration

taking as a basis for the calculation of the period of twenty years, when the defects of indeterminate

duration estimated time of their duration, but not more than twenty years of

When exactly the specified duration errors this time. Defects resulting from

recurrent performance claims and benefits shall be estimated so that it is calculated

the amount that could be used to make out of it and of the interest of this amount will

described by the performance and the benefits or their financial value.



(4) according to the results of the estimate of the assessed price determined by the Court, and the decision as to

be served on the persons referred to in section 336 paragraph. 1, as well as to persons, for which the

stick on the property rights of the file.



§ 336b



(1) after a final determination of the assessed prices fixed by a court decree auction

negotiations for at least 30 days.



(2) the auction shall contain:



and the time and place of the auction),



(b) the designation of the immovable property), accessories and owner,



(c) the estimated price) is also the lowest,



(d) the amount of the security)



(e) the method of payment the Supreme Administration),



f) defects that the successful bidder must take without counting on the highest

Administration,



(g)) the provisions on transition faults and benefits real estate



h) provisions on the surrender of auctioned real estate auctioneer,



I) challenge, to all who are confined with their claims at the highest

Administration, stating the amount of their claims with accessories to the day of auction

negotiations and demonstrated is the instrument with the warning that otherwise it will be to their

taken just according to the content requirements of writings



j) call to creditors said that asking for payment in cash with

the warning that if the demand for payment in cash prior to auction

negotiations can take on debt,



k) call for exercising the rights that do not allow the auction (section 267 para.

1), have been shown before the start of the auction with the warning that otherwise would

such rights could not be exercised to the detriment of the purchaser, who was in

good faith,



l) warning that the persons who have the right of first refusal to a property, it is

may apply only in an auction as bidders and that hammer

pre-emption right shall cease to exist.



§ 336c



(1) the auction shall be delivered to:



and the creditor, the debtor), co-owners and anyone who has to

real estate, or right of first refusal if they are seen from the writings of

registration of real estate,



(b)) authorities, which shall be calculated and enforced taxes and public benefits and premiums

sickness insurance,



(c)) to the authorities referred to in § 335 paragraph. 4.



(2) the persons referred to in paragraph 1 (b). and delivers the message to your own) hands.



(3) the Court posted the auction notice on the court notice board and asks the local

authority of local and regional authorities, in whose district the property is, to a substantial

the contents of the Decree, published in place of the usual way.



(4) if the beneficiary of the right of pre-emption, he will deliver later

auction into their own hands, so that the place still

before the start of the auction.



§ 336d



(1) real estate auction bidders are required as security

Fold half the appraised price, in cash or by cheque to the account

the Court. If he wants to lead when bidding exercise its right of first refusal, the

Court not later than at the lodging. The Court even before the

the start of the auction (§ 336f, paragraph 1) will decide whether the right of first refusal is

proven.



(2) the lowest administration is equal to the appraised price.



(3) to pay the Supreme administration of the Court in the auction deadline

that starts on the day the legal force of the hammer, and must not be longer than 2 months.



(4) The highest bid to be reallocated guarantee and sum

the glitches that the successful bidder is by charging the highest submission (section

336 m para. 1) and that would have been paid from the filing, if the

the highest bid made up of cash.



§ 336e



(1) if the successful bidder fails to pay the highest bid in a timely manner, the Court shall order reassembly

the auction of the property; the auction does not take place, however, retreatment, to pay-

the highest bidder of administration before the deadline to appeal against a

the decision on the regulation of the auction again.



(2) of the regulation, the provisions on the auction again the first auction, with the

the lowest administration consists of two-thirds of the assessed prices. About the auction, the Court shall inform the

whether or not the purchaser referred to in paragraph 1. The successful bidder shall be required to

pay the difference at the highest administration costs and damage the auction again

formed by not paying the highest submission in a timely manner (section 336l). This

the compensation falls to the distributed nature.



§ 336f



(1) following the lodging of a security, the judge shall invite the interested parties to in.



(2) The person or through a representative, who must demonstrate

the right to represent the lead public or certified by the Charter.



(3) the judge cannot control the auction Bid, the writer, mandatory,

the successful bidder referred to in § 336e para. 1 and the acquisition of things prevent

a special regulation.




(4) Auction is held until a bidders make submissions; the bidders are bound by

their submissions until the Court shall not grant a hammering action. The amount of the price of the auctioned

is not limited by the provisions of the price laws.



§ 336g



It was not made during the auction or the lowest of administration, does not continue the Court in

control. A proposal for the continuation of the proceedings can be made soon after

three months of unsuccessful auction. If such a proposal was made to

one year, the Court stops the execution of the decision.



§ 336h



(1) before the end of the auction the judge ask the persons present during the auction,

If they have objections to the granting of the impact.



(2) the opposition shall be entered in the log, the bidders may submit,

required, authorized, and representatives of government authorities (section 335, paragraph 4),

If they are present at the auction.



(3) the Court shall grant the Hammering, where the conditions laid down are met

by law, and that has made the highest bid. If several bidders

the same submission, and unless a higher permissible submission has been made, the Court

draw lots on who gets the hammer to grant. If, however, was one such

bidders co-owner or the first material witness

nature, hammering him.



(4) if the Court Denies having regard to the arguments raised the hammer, continues

in the auction by invoking the last administration.



§ 336i



After the impact, the auctioneer may take possession of auctioned; about

It is obliged to inform the Court. Take a resolution on granting the hammer

legal power, becomes the sole owner of the stuff at the date of grant

the hammering.



§ 336j



(1) a resolution on the impact shall be delivered to the creditor, the debtor, the auctioneer and

those who argued against the hammer.



(2) Against the resolution, which was hammering independent, may lodge an appeal only

those who were present at the auction and raised objections. Moreover, it can

15 days from the date of the auction to submit an appeal anyone in breach of

the provisions of § 336c para. 1 (b). and) was not delivered to auction and

Therefore, when the auction was not present.



§ 336k



(1) an appeal may be accepted only if the alleged defect to the detriment of the person who

notice of appeal filed, or if the Court finds that substantial violations of the law.



(2) the decision on the appeal shall be communicated to the appellant, the auctioneer,

the creditor and the debtor.



(3) if the Court of appeal resolution on impact, establish new

the auction action.



(4) if the hammer has been finally denied, the successful bidder is required to return

If the thing to the debtor, to issue him with the benefits of and compensate for the damage, which he

caused when the management of real estate.



§ 336l



(1) the obligations pursuant to § 336e para. 2 and § 336k para. 4 the Court after

negotiations by the resolution.



(2) the amounts corresponding to the obligations imposed pursuant to paragraph 1 is recovered by the Court

on a proposal from the executor of the other assets of the purchaser.



§ 336 m



(1) the successful bidder must, without counting on the highest bid take g/l

encumbrances, if provided for by a special provision, and rental rights.



(2) otherwise successful bidder takes over the easement only gets to

them full reimbursement from the distributed nature.



(3) the right of first refusal to the auctioned property hammer ceases to exist.



§ 336n



(1) after a final grant impact the Court shall authorise negotiations on schedule. To

hearing summons the successful bidder and any other persons to whom it is delivered to the auction

Ordinance (section 336c), or entering their claims (§ 336b (2)

(a). I)), if the auction did not crumble.



(2) after the end of the negotiations may be made rozvrhového of the Supreme administration of

amount greater than what was recorded (Article 336b para. 2 (b) (i))).



§ 336o



When you rozvrhovém the negotiations shall be determined by the order and way of payment entitlements to which it is

be taken into account. Of the claims, which cannot be filled from the highest

Administration, and the nedoložených objections from people who are absent,

This is not.



§ 336p



Circulated to the essence of the filing and forming the highest interest from it, security

the successful bidder referred to in § 336e para. 1, or the amount corresponding to

the commitments referred to in paragraph 336l paragraph. 1. ".



163. § 337 reads as follows:



"§ 337



(1) according to the results of the negotiations with the very nature of rozvrhového meet in this

order:



and) claims the costs incurred by the State in the context of the implementation

the auction,



(b)) taxes and fees if they have priority under the specific legislation

the statutory lien and only as long as were due in the last

three years before hammer and have been duly filed,



(c) the enforcing creditor) Receivables receivables based mortgage

the leaves of the liens, debts secured by right of lien (either Contracting

or judicial) or limiting the transfer of the property, the remuneration for the

easement taken over by the buyer with the addition of the highest bid and

claims to compensation for easements that the successful bidder based on the results

the auction does not take, mostly according to their order,



(d) the arrears of maintenance, accounts receivable) payable on the date of the schedule,



e) taxes and fees, logged on to the schedule that were not

satisfied under subparagraph (b)),



(f)) other receivables.



If you cannot fully satisfy the claims of the same order, quite satisfied.



(2) the interest in the last three years before hammer, as well as the Court of

cost budget in the order of principal. It is not enough to split.

the nature, shall be before the principal.



(3) if the proceeds of the sales exceeds all claims referred to in paragraphs 1 and

2, the Court shall pay all legitimate claims, against payment of the remainder of the proceeds

compulsory. ".



164. under § 337 the following new section 337a-337e are added:



"§ 337a



(1) will be sold in the auction, all of the property on which the stick

claims secured by a lien under § 151a of the civil code

for the same claim (hereinafter referred to as "vespolné lien"), shall be

such claims in cash out of the proceeds of each distributed

the essence of the residues distributed in proportion to the merits that are left when you

each real estate after payment of the preceding claims.

Where the creditor satisfaction in another, orders to persons who

as a result, have received from the distributed nature of less the amount that would

fell to such a claim up to the amount of the deficit from the individual

distributed by the constituent elements.



(2) have not been sold in the auction, all of the property on which the stick

claims secured by right of lien, it uses vespolným as the basis

the calculation of the reimbursement of the value of all the property determined in accordance with the General

regulations. The amount by which the creditors would be with a later order of truncated

the fact that the creditor claims secured by a lien right vespolným got

more than would be accounted for from the proceeds of sold real estate,

ensure that their proposal for a lien on the unsold

real estate in the order that it was for the uspokojenému creditor.



(3) the principles set out in the preceding paragraphs shall apply mutatis mutandis to the

the claim, which burden the shares of several co-owners of the same

real estate.



section 337b



(1) the Court shall determine according to the outcome of the estimate of the amount, which is measured in rem

burdens that will be in order by the time of its creation, at least in part,

from distributed nature. When claims for recurrent performance

and the benefits will determine such an amount that is sufficient to make out of it and of its interest

they can provide benefits and benefits or their financial value.



(2) the material burdens that the successful bidder will take over with the addition of the

highest bid, the amount deducted in the case of an easement

unlimited duration, the auctioneer; in the case of an easement for a limited

the duration, the amount of the interest, and the auctioneer shall refund after

the time that the easement takes. However, if it is entitled to pensions and

other recurrent performance, the amount of the interest payment and always will

They point directly to the creditor. The exhaustion of the amount of eligible authorized

ceases to exist.



(3) the easements that the successful bidder does not take the netting set on

the highest administration, shall be cancelled and the creditor shall refund in cash orders

in the amount determined by the Court. In the case of claims, authorising the recurring,

and benefits, it saves the rest of the Supreme administration of the interest and

the creditor shall provide the performance and benefits or compensation for them until

the stored amount is enough, or until entitlement extinguished.



(4) the amount to be released earlier dissolution of the easement shall be assigned

with other authorized.



§ 337c



(1) a resolution shall be delivered by the scheduling to all persons and institutions, which should be

summoned to the rozvrhovému meeting and persons whose claims are

a decision in that negotiation.



(2) in the rozvrhovém court decides whether or not the resolution of the claims, which were

negotiations on the contested the authenticity of the schedule, the amount, the order or manner of

payment, if you can decide about them without the taking of evidence. Otherwise, the Court

those who will refer such objections raised within the time limit of 30 days from the

delivery of the rozvrhového resolutions filed pursuant to section 267 para. 2.

the proposal for the commencement of administrative proceedings, in which such objections

decides.



(3) a decision under section 267 para. 2 or in the administrative procedure is effective

against all creditors against the debtor as well.



§ 337d



If the Court upheld the proposal under section 267 para. 2 or if there was a suggestion


in administrative proceedings, the Court shall authorise the new schedule of the negotiations. However, it has already

nepředvolává participants whose claims have already been met.



§ 337e



(1) after the final resolution of the rozvrhového and after full payment

the Supreme Court remitted to authorised persons filing a documented amounts with

the exception of claims in respect of which proceedings are pending on the denial of the logged-in

accounts receivable.



(2) following the decision of denial of the claims court

According to the result of this procedure, either by the oustanding retention sums

rozvrhového resolution, or provides for additional negotiations on the schedule. ".



165. § 338 of paragraph 1. 2 is added:



"(2) a joint owner, is in mutual ownership, may

to prevent the sale of things, if not later than the beginning of the auction shall be lodged with

the Court in cash or by cheque on behalf of the Court estimated the price of the share

to be auctioned off. If so, load up the Court with that amount as

the result of the sale. ".



166. under section 338 as a fifth head marked with "the establishment of a judicial

lien on real estate "§ 338a and 338b, shall be inserted:



"sec. 338a



(1) Judicial liens on real estate shall be established by regulation

enforcement of the decision. The establishment of a judicial lien must be

registered in the register of real estate pursuant to special regulations.



(2) for claims for which a judicial lien was set up, you can

lead enforcement against immovable property directly or later

to the transferee of the property.



sec. 338b



(1) enforcement of the decision establishing a judicial lien may be

ordered, only if it is established that the property is owned by the

principal.



(2) For the order of a judicial lien to real estate is

a crucial time when the Court was on the establishment of a judicial

the lien. If there have been several proposals at the same time, they have liens

the same order.



(3) If a claim for the previously established merely contractual Lien

law, is governed by the order of a judicial Lien by the order of this

contractual lien. ".



167. the present chapter five (Satisfaction of rights to consideration-§ 339

up to 351) is referred to as the head of the sixth and the name of the former head of the sixth and

the headings above § 352, 353 and 354 is deleted.



168. section 340:



"§ 340



(1) where a decision Imposes, whose performance suggests that the required---

the apartment, for which there is no need to provide housing compensation, the court orders the performance of

the decision and the legal force of this resolution, the execution of decisions to be made.



(2) where a decision Imposes, whose performance suggests that the required---

the apartment, for which it is necessary to ensure whether a replacement apartment or spare

accommodation, although the court orders the execution of the decision, but adding that the

the enforcement shall decide. The implementation of performance

the decision of the Court to order the creditor demonstrates that for the debtor is

a housing recovery, which is specified in a

judgment. ".



169. In § 341 of paragraph 1. 1 the words "the local National Committee" shall be replaced by

the words "the authority of the municipality".



In paragraph 2, the words "a local National Committee" shall be replaced by the words "authority

the municipality ".



170. In § 342 para. 3, the words "a local National Committee" shall be replaced by

"the authority of the village".



171. In paragraph 343 paragraph 1. 2 the words "the local National Committee" shall be replaced by

the words "the authority of the municipality".



172. In paragraph 344 paragraph. 1 the words "the local National Committee" shall be replaced by

the words "the authority of the municipality".



173. In paragraph 345 of paragraph 1. 3, the words "a local National Committee" shall be replaced by

the words "the authority of the municipality".



174. In section 349 paragraph 2. 1 the words "the local National Committee" shall be replaced by

the words "the authority of the municipality".



175. In paragraph 351 paragraph. 1 is the numeral "20 000 100 000" is replaced by ".



Article II



Act 95/1963 Coll., on the State of the proceedings before the notary and the State

Notary Office (the notarial regulations), as amended by laws No. 158/1969 Coll., No 29/1978

Coll. and no. 134/1982 Coll., shall be amended and supplemented as follows:



1. paragraph 1 reads:



"§ 1



State notary helps in their field activities of natural and legal

persons in the protection of their rights and of their reciprocal arrangement

relationships. In its activity takes care of State compliance with the notary

legality, notably as regards the protection of the property. ".



2. In article 2 (2). 1, the second sentence shall be deleted.



3. section 3 (2). 1 and 2 shall be added:



' (1) in carrying out its tasks the State notary shall proceed in close

cooperation with the authorities of the municipality and the public authorities.



(2) the authorities of the municipalities, courts, public prosecutor's Office, other State bodies and legal

persons who provide the State Notary Office effective assistance in the performance of their

tasks. ".



4. In section 4, paragraph 4. 2 the words "citizens and organizations" shall be replaced by

"natural and legal persons", and paragraph 3 is deleted.



5. § 5 para. 1 reads as follows:



"(1) headquarters and the State notary circuits agree with mansions and circuits

district courts; in the capital city of Prague and in the capital city of the Slovak

Republic Bratislava match circuits of the district courts. "



In paragraphs 2 and 4 shall be deleted, the word "Socialist".



6. In article 7 (2). 1 and 2, the words "the Czechoslovak Socialist Republic"

replaced by the words "the Czech and Slovak Federal Republic", in paragraph 1,

(a). a) and paragraph 2 (a). and the words "are deleted) is committed to

the establishment of socialism and ".



7. section 9 reads as follows:



"section 9



(1) the Chief of the State notary of the State notary executes when a provision into the function

in the hands of the Minister of justice the Republic this promise:



"I promise on my honour and conscience that I will follow the Constitution and other

laws, I'm going to interpret them according to the best of my knowledge and belief, and in

accordance with them I'll decide independently and impartially. In the official

I will strictly maintain confidentiality matters. "



(2) the Promise under paragraph 1 performs in its provision of notarial candidate

in the hands of the President of the District Court. ".



8. In section 10, paragraph 1. 1 conclusion of the first sentence after the semicolon is added: "... and in the case of

State notary in the circuits of the Czech Republic and the Slovak Republic,

the Supreme Court decides the Czech and Slovak Federal Republic. ";



in paragraph 3, the words "the Czechoslovak Socialist Republic"

replaced by the words "the Czech and Slovak Federal Republic".



9. section 11 (1) 3 read as follows:



"(3) the State notary can specify that will take place in some places

their circuit regular official days. ".



10. in § 12 para. 3, the words "of the Czech Socialist Republic" shall be replaced by

the words "United States", the words "of the Slovak Socialist Republic"

shall be replaced by "Slovak Republic" and "of the Czechoslovak

the Socialist Republic "shall be replaced by the words" the Czech and Slovak

The Federal Republic ".



11. In paragraph 13, the words "the interest of the company" shall be replaced by "public interest"

and after the word "of" is added after the comma and the word "business".



12. in § 14 para. 1 (b). (c)), the term "interests of society" are replaced by

the words "public interest"; in paragraph 3, the words "National Committee"

replaced by the words "authority of the municipality".



13. In article 22, paragraph 3 be deleted.



14. in section 27 para. 2 the words "the local National Committee" shall be replaced by

"The authority of the village".



15. section 30 paragraph 2. 1 reads as follows:



"(1) if required by the public interest or the interests of the participants, the

State notary without urgent measures, in particular the proposal shall ensure

heritage, entrust the personal effects of the deceased husband or other

Member of the household and take care of the sale of goods, which cannot be kept without

the risk of damage or nepoměrných of costs. In special cases,

especially if it is part of the heritage of the company, the State notary shall decide on the

the provisions of an administrator or part of its heritage from the heirs or from

the categories of persons close to the deceased; an administrator can designate who

the provisions of the agreement. ".



Connect the new paragraphs 3 and 4 are added:



"(3) upon the sale of movable property the State notary shall proceed mutatis mutandis

According to the provisions of the sale of movable assets in the performance of the decision of the Court,

unless the State notary to another method of carrying out the sale.



(4) the Designated administrator of the inheritance, or parts of it shall be for the duration of the procedure for

heritage of the acts required to maintain the assets belonging to the

heritage, and to the extent defined by the State notary office. If it

State notary, he saves the administrator continuously reports on its

activity. After the probate proceedings, the administrator shall submit the Inheritors

through the public notary's final report on its activities.

State notary then decides on the remuneration and reimbursement of expenses, that administrators

will pay the heirs and, in the case of § 462 of the civil code State. The administrator of the

its activities under the civil code. ".



16. in paragraph 31, the words "national committees" shall be replaced by the words "local authorities

the State administration ".



17. in § 32 para. 2 the words "minor property" shall be replaced by "property

of negligible value ".



18. In article 38 paragraph 2. 1 in the second sentence, the words "or the interests of the company"

Emit.



19. in § 39 para. 2, the words "or the interest of the company shall be replaced by

"or good morals".



The following paragraph 3 is added:



"(3) If no agreement is reached or if the State Notary Office approved,

State notary confirms the acquisition of heritage according to the inheritance of shares. "



Paragraph 4 is deleted.



20. section 40 para. 1 (b). (d)):



"(d) the acquisition of heritage) confirms that according to the inheritance of shares, if there is no in between

the heirs to the agreement. ".



The following paragraph 3 is added:




"(3) If a notary agreement on settlement of State succession does not approve,

confirms the acquisition of heritage according to the inheritance of shares after legal power

a decision on the agreement has not been approved. ".



21. § 42 para. 3 read as follows:



"(3) the values referred to in paragraph 2, however, it is possible to issue the inheritors, just

If the notary fees have been paid. ".



22. in § 50 para. 1 the words "the Czechoslovak Socialist Republic"

replaced by the words "the Czech and Slovak Federal Republic".



23. § 63 para. 1 reads as follows:



"(1) a notary shall review the State contract in terms of attendee permissions

with the subject of the contract to dispose of, whether the contract is concluded within the prescribed

the form, whether the contractual participants ' speeches are sufficiently certain and

understandable and whether contractual freedom is not limited. ";



paragraph 3 is deleted.



24. § 64 para. 1 reads as follows:



"(1) if the conditions of § 63 para. 1, the State notary shall decide

that Treaty registers. Otherwise, it decides that the proposal on the

registration denied. ".



25. In article 65 paragraph 1. 2 the words "creditors to limit the transfer of the property,

personal to the user when the agreement establishing the right of personal use of the land "

shall be replaced by the pledgee in stopping real estate ".



26. in § 68 para. 2, the words "or are reluctant to the interests of the company"

Emit.



27. in paragraph 70, the last sentence deleted.



28. The head of the fifth part of the fourth (section 79 to 88).



29. in paragraph 89, the words "citizens and Socialist organizations" are replaced by

the words "natural and legal persons".



30. In paragraph 90, para. 1 the first sentence, the words "or the interests of the company"

Emit.



31. in § 99 paragraph 2. 1, the second sentence shall be deleted.



32. In § 100 para. 2 the second sentence, the words "or interested companies"

Emit.



33. § 101 paragraph. 1 and 2 read as follows:



"(1) State land management leads and notary railway books and on

the application of them is issuing statements.



(2) applicants can make copies, extracts and notes from

land and railway books. ".



34. In section 102 paragraph. 2 the second sentence, the words "the only restriction on transfer

real estate "is replaced by" only the establishment of a pledge on real estate ".



35. In section 103 are deleted, the words "and other extracts from it already does not issue".



Article. (III)



Transitional and final provisions



1.



and) things that according to art. I, § 9 para. 2 were in the first instance to the

substantive jurisdiction of the regional court, but the proceedings were initiated about them already

before the entry into force of this law in the District Court, completes the courts

yet venue; the Court of appeal in these cases is the regional

the Court, such extraordinary appeal court to the High Court.



(b) a complaint for a violation of the law), placed before the effective date of this

the law against a final decision of the courts or State notary,

According to present regulations. the NCB shall discuss



(c)) on the basis of complaints complaints for violation of the law, which ran out of

the authorities of the public prosecutor's Office or the Ministry of Justice of the republics to

the effective date of this law, the competent authorities may, in accordance with

the existing regulations made within 1 year of the entry into force of this Act

complaint for violation of the law; of these complaints, the courts decide to

responsible for the execution of the regulations until the date of entry into force of

of this Act.



(d)) in cases in which the Court of Appeal's decision became legally able to

in the course of one month before the entry into force of this law, may

participants submit to the months after this Act takes effect,

the appeal, if they otherwise meet the conditions of § 237 to 239.



e) proposals for revision submitted to the date of entry into force of this Act

for the reasons stated in section 228 para. 1 (b). (c)), and (d))

According to present regulations. the NCB shall discuss



f) in proceedings in which he entered the Prosecutor pursuant to § 35 para. 1,

his participation on the date when this law becomes effective, unless it is a

the case referred to in the provisions of paragraph (i)).



(g)) in the proceedings that were initiated at the suggestion of the Prosecutor, shall

participation also on the date when this law becomes effective. The Court shall invite the

the participant that has been identified as the appellant, to express that he wants to in the

the proceedings continue. Unless the participant within the time limit given to him so

that it wishes to continue proceedings, court stops; in this case,

the Court cancels the decision, if any, and shall decide as to the costs in a way that

participants do not have to replace them right.



(h) the Control of the Prosecutor's proposals) under section 457 para. 2 and 3 of the code of

code on the date when this law becomes effective, the Court stops and

any decision to cancel; costs decide so that

participants do not have to replace them right.



I) the Attorney General may, within the period until 31 December 2006. 12. the 1994 complaint

for violations of the law in accordance with the existing regulations in matters, which may

Enter (article 35 (1) of this Act), and that within three months of legal

the decision; about these complaints are decided by the high courts; for

settlement of the complaint shall apply the rules applicable to the effective date of this

the law.



2.



and Economic disputes initiated prior) entry into force of this Act for

the institutions of economic arbitrage finishes under this Act county courts

acting in matters of business, locally seat

a referral authority,

in which the proceedings are opened.



(b)) the procedure for appeals against decisions of bodies of arbitration,

initiated and a work in progress prior to the entry into force of this Act, completes the

the Supreme courts of the republics under this Act.



c) objected to the arbitration payment orders, submitted in accordance with

the existing regulations in a timely manner, but after the entry into force of this Act,

refer to the District Court pursuant to subparagraph (a)).



(d)) the economic disputes, initiated prior to the entry into force of this Act

before the arbitrator pursuant to § 32 Act No. 121/1962 Coll., on economic

the Arbitration Convention, as amended by Act No. 106/1990 Coll., the arbitrators shall forward to the next

control exerted by the regional court in matters of business, which would be

at the start of the dispute in accordance with the General provisions of

Code of civil procedure.



e) on proposals for a review of the decision of the authorities of the arbitration

outside the appeal proceedings, submitted to the entry into force of this Act,

the Supreme Court decides the Czech and Slovak Federal Republic as of

complaints for violation of the law against a judicial decision, and in accordance with the

the existing regulations of the code of civil procedure.



(f)) in matters in which a decision of the appellate body of

Arbitration has power in the course of one month before the acquisition

the effectiveness of this law, the parties may submit to the months after the acquisition of the

the effectiveness of this law the appeal, if they otherwise meet the conditions of § 237

up to 239.



g) suggestions for a retrial, which was not decided until the acquisition of the

the effectiveness of this law, it shall refer to the execution of the regional court

competent pursuant to subparagraph (a)).



h) Against a final decision of the authorities of arbitration can be used even after

entry into force of this Act, file a petition for a retrial within the time limits

referred to in section 40 para. 2 the law of arbitration, and that the

the regional court competent under paragraph (a)).



I) suggestions for a retrial, which, pursuant to section 32 of the Act on economic

arbitration the arbitrator's verdict ended, about which it has not been decided to

entry into force of this law, shall be referred to the provincial court, to discharge the

that would be the locally competent at the start of such a dispute under

General provisions of the code of civil procedure.



j) against the decisions of the Arbitration Board pursuant to section 32 of the Act on economic arbitration can be

even after the entry into force of this Act, file an application for renewal of proceedings in

the time limits referred to in section 40 para. 2 the law of arbitration, and that the

the regional court which would be competent at the start like this

the dispute in accordance with the General provisions of civil procedure.



3.



and health care) of the Constitution shall, within one month from the effective date

the effectiveness of this law, to the Tribunal, in whose district the is Department (list)

all the people that have been taken by the Institute to the healing without his consent, and

people, that is, with treatment at the Institute agreed, but are restricted in the

free movement or contact with the outside world if they are in possession of the Institute

on the date when this law becomes effective. Administration of this list

replaces the notice under section 191a. In the list, noting that

sick was a decision according to § 24 para. 4 of law No. 20/1966

Coll. on health care of the people, and if this decision within

review by the Court confirmed.



(b)) of all persons held as follows with the exception of those which were

decision pursuant to section 24 of the Act on health care of the people and this was

confirmed by the Court, the Court shall initiate proceedings pursuant to § 191b; decision pursuant to section

191b para. 4 must be issued within 3 months from the date on which the Court has

notification referred to in subparagraph (a)).



(c)), the Court shall proceed in the next under § 191d; in patients in whom it was

decision pursuant to section 24 of the Act on health care of the people and was

confirmed by the Court, thus advancing, if that decision

the Court has passed the period of 1 year. The decision on the admissibility of the next possession is

need to declare, within 6 months from the date of the resolution under section 191b.



4.



and hearing actions against) decisions of administrative bodies in accordance with title


the second part of the fifth can be only those administrative decisions, which, after the exhaustion of

the permissible corrective materials

s acquired legal force from the date of this Act.



(b) the restriction referred to in point (a))) does not apply if according to the rules so far

applicable to request review of the decision of the administrative authorities by the Court,

When this decision was reviewed in the administrative appeal

control. If such a control has already been declared before the date of entry into force of

This law, they shall be taken in the proceedings initiated pursuant to § 247 to 250 k;

representation by a lawyer or a commercial lawyer in such cases is not

should be.



5. Appeals against the decisions of holders of insurance in

pension security matters will be from the date of entry into force of this

law to act and make decisions over a period of three years for the regional courts

the single judge.



6. The final judgments on the evacuation of the apartment, declared before the date of the acquisition of

of this Act, and governing the obligation to vacate the apartment linked to the

ensure the replacement of the apartment or the replacement property, in the enforcement

management considered judgments requiring the eviction after providing

the replacement of the apartment. True, however, may a court that is competent to

enforcement of a judgment against the debtor, the debtor may seek a determination that belongs

only alternative accommodation or housing compensation does not belong at all.



7. Continue to be enforceable



and the economic decisions of arbitration) and the decision of the arbitrators in accordance with

section 32 of the Act on economic arbitration, if the rights therein

lapsed pursuant to § 40 paragraph 2. 1 of the law of arbitration (as amended by the

valid to 30. April 1990); the enforcement of these decisions confirmed

the Court which would be competent to hear referred to in point 2);



(b) the decision of the Arbitration Commission for the) labour disputes and settlements such

commissions approved; their enforcement has confirmed the District Court in

the Arbitration Commission had its registered office;



(c) approved the justice workers ' settlements) by the authority under section 128 of the Act No.

84/1972 Coll. on the discoveries, inventions, rationalization proposals and

the designs; their enforcement has confirmed the District Court in

the conciliation body had its headquarters.



8.



and when dealing with the proposals referred to in) § 764 para. 2, § 765 para. 4, § 766

paragraph. 1 and section 768 of paragraph 1. 3 of the commercial code, the Court shall proceed in accordance with

the provisions of § 200e.



(b) Unfinished proceedings in bankruptcy), and the settlement, in which the bankrupt

(the debtor) is a natural or legal person registered in the commercial

the register will be transferred to the locally competent regional court competent in

matters of business.



9.



and if) generally binding regulations issued before

entry into force of this Act provides that certain things are decided by

authorities of arbitration, this means continuing to the courts.



(b)) in the provisions of Act No. 527/1990 Coll., on inventions, industrial

patterns and improvement proposals which provide that disputes are decided by a

the exception, which is decided by the Bureau of inventions, court or arbitration,

the words "or of the arbitration".



10.



State notary) returns to the Court which is commissioned by selling real estate

the matter under section 335, writings about the enforcement of decisions; If the notary

to the effective date of this Act, it shall refer the immovable thing sold

the Court, which is commissioned, and been torn away after the collision cost the amount of the sale.

The Court then proceeds in the enforcement of decisions under section 335 et seq.; at least

Additionally, the Court shall deliver the original resolution on regulation performance of persons

referred to in § 335 paragraph. 4, if not before, and the statutory

Learn within the meaning of § 335 paragraph. 3.



(b)) for the management of the legacy of those who died before the effective date of this

the Bill, the existing regulations shall be used.



11. the Government of the United States shall be empowered to regulate regulation with

taking into account the changing price conditions an amount in

Czechoslovak crowns referred to in § 9 para. 3 (b). and, § 53 paragraph 1). 1,

§ 89a, section 172 para. 1, § 273 paragraph. 1, § 322 paragraph. 2 (a). (d)) and § 351

paragraph. 1.



12. Ministry of generally binding legal regulation provides details

on the commercial register and the manner of its leadership.



13. the Bureau of the Federal Assembly is to ratify, in the collection of

law announced a full text of the code of civil procedure (Act No 99/1963

SB.), as follows from amended.



Article IV



1. In section 14 para. 2 sentence third Act No. 2/1991 Coll., on collective

negotiation, the words "in accordance with the provisions of the code of civil procedure

governing the procedure at first instance "shall be replaced by the words" in accordance with the provisions of the

Code of civil procedure for the review of administrative nepravomocných

the decision of the Court ".



2. Shall be deleted:



and) Act No. 121/1962 Coll., on economic arbitration, as amended

regulations,



(b)) § 10 of the Decree of the Minister of justice no. 114/1964 Coll. on corporate

the register,



(c) the Decree of State arbitration) of the Czechoslovak Socialist Republic.

116/1984 Coll., on negotiation and decision-making of economic disputes

the arbitrator,



(d)) yield the State arbitration of the Czechoslovak Socialist Republic.

4/1982, which shall be issued rules for čekatelskou practice and arbitration

test (reg. 35/1982 Coll. in amount),



e) yield of the Ministry of labour and Social Affairs of the Slovak Republic No.

352/1990, establishing the salary schedule for the State arbitrators and arbitration

or regional State arbitrations in the Slovak Republic No.

366/1990 Coll.



(f) the yield of the main arbitrator United) Socialist Republic No. sekr.

894/14.1/85/VI, establishing the salary schedule for professionals

the regional State arbitrations in the Czech Socialist Republic (reg.

the amount of the 36/1985 Sb.)



g) yield the main arbiter of the Czech and Slovak Federal Republic no j.

FD/59/SK/91 on an aberrant jurisdiction in deciding some of the

of disputes No 54/1991 Sb.



Article. In



This Act shall take effect on 1 January 2000. January 1992.



Havel, v. r.



DUBCEK in r.



Čalfa in r.



Annex A



(article 248 (3))



Cases where there is no possibility that the decision of the administrative

It was examined by the Court authority

-------------------------------------------------------------------------------------------------------------

The name of the regulation characteristics of decision

and the number of the section

-------------------------------------------------------------------------------------------------------------

Safety and law No. 174/1968 Coll., rejection, or. withdrawal of the

Health on the State professional supervision to professional competence in the manufacture,

When you are working over the safety work of installation, repair, maintenance and revisions

section 4 (b). f) dedicated technical equipment



section 4 (b). g) refusal, respectively. the withdrawal of the certificate of by-

excellent aptitude testing, revisions,

repair or obsluzevyhrazených

technical equipment



§ 6 para. 1 (b). (b)) Regulation, to take vpřiměřených

time limits removed defects identified during the

the performance of the supervisory activities of the



Customs Act 44/1974 Coll., the Customs decision about inclusion of

the Act, as amended by Act goods

No. 5/1991 Coll., in full

No 287/1991 Sb.

§ 42



Act 547/1990 Coll., on the management decisions of the udělenínebo withdrawal

with some types of goods and permit, the decision on the application

technologies and their control on the management of controlled

section 34 for goods



Prices Act 526/1990 Coll., on regulation decision

prices prices

§ 3



Decree of the Ministry of Finance tax authorization decision waiting

No. 16/1962 Coll., in cases concerning the tax or its payment in

taxes and fees, installments, the decision on the application

§ 19, 21 on the waiver of prescribed taxes



The Foreign Exchange Act 528/1990 Coll., foreign exchange permit

holding the foreign exchange law

§ 48



Energy Act 79/1957 Coll., on production, the consent to the establishment of the

divorce and the electricity consumption of the energy works

(electricity law);

Decree No 9/1958 OJ l.

§ 6



§ 3 the consent of the energy business

with the establishment of the energy works



Forests-Act 61/1977 Coll., on measures for the zajištěníbezpečnosti forests

forest section 20 persons and property

economy



Law No. 96/1977 Coll., deciding on the economic

about the management of forests and State adaptation of forests

forestry management

§ 5 para. 2, § 6 (1). 1



section 20 (2). 2 the decision on measures to eradicate

pests and against their spread in the forests

and their surroundings or in warehouses, timber



the provisions of section 24 and the appeal of the forest guards



Law # 100/1977 Sb SNR., deciding on the economic


about the management of forests and State adaptation of forests

forestry management

§ 5 para. 2, § 6 (1). 1

section 20 (2). 2 the decision on measures to eradicate

pests and against their spread in the forests

and their surroundings or in warehouses, timber

the provisions of section 24 and the appeal of the forest guards



Air Act 47/1956 Coll., the decision on the obligations of the controllers,

the right of civil aviation owners or users of objects

(Aviation Act), as amended, against the safety of aviation

traffic regulations at their own expense to mark

section 27 para. 2 these objects when our air

markings and signs to maintain

and operate



Medical leave Act 54/1956 Coll., on decision-making in batch things

insurance, health insurance, sickness insurance of employees (security)

(security), as amended, with the exception of decisions on repayment

Act 103/1964 Coll., on security overpayments on a dose of wrongly paid

cooperative of peasants in disease

and the mother and child, security

as amended,

Act 100/1988 Coll., on social

security, as amended

the laws of the



Defence Act 92/1949 Coll., the decision in the matter of

State military conscription law of citizens

the full version of # 309/1990 Sb.

§ 4 et seq.



Act 173/1988 Coll., permits to close or change

company with foreign equity contracts relating to the creation of the enterprise

participation, as amended by Act ventures

No 112/1990 Sb.

§ 5



Varieties Protection Act 132/1989 Coll., the granting of a breeding

plant and on the protection of rights to new certificates

animal varieties of plants and breeds of animals,

section 21



Protection Act 61/1964 Coll.

agricultural plant development

manufacturing production

§ 5 acceptance of varieties

§ 12 recognition of varieties of hop gardens,

seed fruit trees

mother fruit roubových

trees and shrubs



section 27 of the enabling resources

plant protection products



Law No. 86/1972 Coll.

and SNR No. 110/1972 Coll.

about breeding farm

animals

§ 6 the authorisation of breeds

farm animals



The gas industry Act 67/1960 Coll., on production,

divorce and the use of heating gases

(gas laws)



§ 5 agreement with setting up the device

for the production of heating gases

section 7 of the consent to cancellation device

for the production of heating gases

and pipeline network



Industrial Act 527/1990 Coll., the rejection of the patent application

ownership of inventions, industrial design

(inventions and designs and improvement

industrial designs

designs) § 34 and 52



Industrial Act 174/1988 Coll., the refusal of the application

property rights relating to trade marks

(section 12 of the

Mark)



Industrial Act 159/1973 Coll., the refusal of the application

ownership on the protection of designations of origin of products

(the protection of section 7 of the

Mark

origin)



Road Law No. 135/1961 Coll., the decision on classification newly budo-

to the right of the road to the destination of the road network, about their

(Road Act), as amended by changing gears, respectively. eviction from this

Act No. 27/1984 Coll. the network, as well as the transfer of local

§ 3 para. 3 (b). c) communications and roads

to this site

Decree of the FMD No. 35/1984 Coll., decisions on closure.

implementing the law on the after-o detour road II. and (III). class

ground roads and local roads

(Road Act)

§ 10 para. 3 (b). (c))



The parent Act 382/1990 Coll., in addition to the decision of the measurable

post about parental benefit pursuant to § 250lvšechna for more

the decision, with the exception of decisions

to reject the post and about stopping

its payment



Social law No. 100/1988 Coll., in addition to the decision-přezkouma

Security on social security, obviously, under § 250lvšechna

in other decisions, as amended, with the exception

the provisions of the decision on the contribution of the zaopatřovacím



Decree No 76/1957 effects, a decision on invalidity benefits

as amended by Decree No. 268/1990 Coll. (partial invalidity)

Decree 183/1991 Coll.



State Law No. 102/1971 Coll., the decision on the prohibition of the

the secret for the protection of State secrets, as photography and filming

Act No. 383/1990 Coll.

section 21



Building Regulations Act 50/1976 Coll., zoning of the protected

on urban planning and territory and about the building closure

building code (construction

Act), as amended by law

No 103/1990 Sb.

section 32 (a). (c)), and (d))



§ 91 of the decision on the removal of příkazuk

the building, where they are threatened

the lives of the people and if it is not possible to build

keep

section 94 of the regulation implementation of non-idle

the owner of the building, security of work

that threatens my life or

the health of the people. considerable

national economic or cultural

values, and it is not necessary

construction immediately delete

§ 96 para. 1 and 2 of the regulation, the evacuation of the building, which

It is in such condition that it immediately

threatening the life or health of persons



Education Law No. 564/1990 Coll., the decision of the Director of the school

of the State administration and self-government (the school facility) taken on the basis of

in the education sector expertise or capacity

§ 3 para. 2 (a). ) to c) options

(e)), h), m)

section 7 (b). (b)) decision školskéhoúřadu

appeals against the decision of the

Director pursuant to § 3 (2). 2



Act 172/1990 Coll., the Rector's decision (in the case of universities,

the universities that do not break down on the faculty,

§ 18 para. 2 Academic Senate) high school

on the appeal to the decision of the Dean

in matters of adoption or rejection

to study at high school



Telecommunications Act 110/1964 Coll., the authorization decision to establish

telecommunications and operate telecommunications

§ 4 devices outside of the single

telecommunications network



§ 6 para. 3 the authorization decision to establish

and operation of the telecommunications

the device outside the single telekom. network,

they are to be zařízenípřipojena on

unit. Telekom. network



Mining Act 44/1988 Coll., determining the sole administrator

on the protection and use of bearings

mineral wealth

(law)

§ 9 para. 1 and 2 specify the organization that performs

§ 35 para. 4 to the extent necessary to ensure

or dispose of old mine workings

and their consequences



Animal Health Act 87/1987 Coll., emergency veterinary measures

care about health care, as amended by law

No 239/1991 Sb.

Article 23 of the



Water Act 138/1973 Coll., on measures in the decision

the economy of the waters (Water Act) of water scarcity

section 16 of the



§ 30 paragraph 2. 3 restriction or other editing

drinking water supply,

button is clicked. its use

in the absence of pitnévody



Foreign law No. 42/1980 Coll., issuing, amending and withdrawing

on economic relations, trade permission to provide foreign


with foreign countries, as economic services area

Act No. 102/1988 Coll. and sale for Foreign Exchange

Act No. 113/1990 Coll.

§ 19 para. 1 (b). I)

§ 54 of an export permit

or imports goods (so-called.

non-commercial export or

imports)



Health Act 20/1966 Coll., the decision on the temporary

about care for the health of the people of the incapacity

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