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
