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Amending And Supplementing The Code Of Civil Procedure

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

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263/1992 Sb.



Law



of 28 June. April 1992,



amending and supplementing the code of civil procedure



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.

519/1991 Coll., shall be amended and supplemented as follows:



1. § 8a including title:



"§ 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 authorities of the same

of the Republic.



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

disputes over jurisdiction between the courts of one of the States and public authorities

the second Republic, as well as between the courts and Federal Government

Administration. ".



2. In section 10, paragraph 1. 1 the words "are deleted and against decisions of the State

a notary ".



3. The existing text of § 17 shall become paragraph 1 and the following new

paragraph 2, which reads as follows:



"(2) to exclude notaries from the acts of the Commissioner applies mutatis mutandis to section 14

up to 16. The exclusion shall be decided by the Court, that a notary public by performing the acts

a court Commissioner commissioned; There is no appeal against its decisions

means permitted. ".



4. section 38 reads as follows:



"§ 38



(1) the Court shall instruct a notary public, as a court Commissioner has carried out acts of reward

in probate proceedings.



(2) the acts referred to in paragraph 1 shall be exempted applications for the provision of legal

Assistance abroad and judicial decisions.



(3) the Acts of a notary referred to in paragraph 1 shall be regarded as acts of the Court.



(4) the credentials is not a judicial decision. ".



5. the following section is inserted after section 47 47a is inserted:



"§ 47a



If the law stipulates that the decision is to be posted on the official notice board

the Court, the 15th day of posting the decision was delivered to the

participants who are not known to the Court, or whose stay is not known. ".



6. In section 48 is attached the following paragraph 3 is added:



"(3) a document may be served also notaries public notary

koncipientům and other staff who are engaged in the study of the notary and

they were charged with receiving it. ".



7. in section 76 para. 1 (b). (d)), the words "notarial custody" shall be replaced by

"custody in court".



8. In article 81 paragraph 1. 1, after the words "on the Declaration of death" shall be inserted after

the word "heritage".



9. In article 81 paragraph 1. 2, the period is replaced by a comma and the following words

"unless the law provides otherwise.".



10. In section 88 para. 1 the following new letters l) to (n)) are added:



"l) in whose district the last residence of the deceased, and did not have a

domicile or place of residence cannot be ascertained, in whose district the last

the stay; If no such court is the competent court in whose circuit is

zůstavitelův assets, or between several competent courts as follows

one of them, who first performed the Act, in the case of proceedings for heritage;



m) in whose area is the place of performance, with respect to the management of the úschovách; If they are

the place of performance within the jurisdiction of several courts, it is appropriate to control by úschovách

the Court, which will control;



n) in whose district the General Court of the applicant has, in the case of proceedings for reimbursement

of the instruments; If the applicant does not have in the Czech and Slovak Federal Republic

the General Court is the Court in whose district the payment instead;

with regard to the procedure for the redemption of a security, issued by Czechoslovak

the Monetary Institute, is the competent court, in whose district has this cash

the Institute has its seat. ".



11. In article 115 paragraph. 1, the words "to hear the merits of the case shall order the President of the

the Senate "shall be replaced by the words" unless the law provides otherwise, the President shall order the

Senate to discuss the merits of the case ".



12. In article 116 paragraph 1. 1 delete the dot and the following words "with the exception of

the negotiations carried out by notaries as judicial Commissioner. ".



13. in paragraph 137, the words "evidence", the words "reward of notary

for acts carried out by the Court Commissioner and his cash outlays, reward

Administrator of heritage and his cash outlays, ".



14. in paragraph 140, the following new paragraph 3 is added:



"(3) in proceedings for the notary applies and his cash outlays

the heir, who has acquired heritage not over-indebtedness; If several heirs,

These costs under the mutual ratio of the net worth of their

inheritance of shares. In other cases, the cost of the State. ".



15. A section is inserted after section 151 151a is inserted:



"§ 151a



About who and what amount paid notary and his cash outlays,

the Court in proceedings relating to heritage, usually in a resolution, which

at his ends. ".



16. in paragraph 175, the following new paragraph 175a up to 175zd, including the headings

shall be added:



"CHAPTER FIVE



SPECIAL PROVISIONS



Probate proceedings



§ 175a



(1) the competent authority of the State administration responsible for the direction of the Registrar shall notify the death

in your Circuit Court Registrar to discuss heritage.



(2) the Court shall initiate proceedings without an application, as soon as he learns that someone died

or has been declared dead. Resolution on the initiation of proceedings is not to be

deliver.



(3) the Court shall make an order; the resolution under section 175 k paragraph 1. 1 and 2, section

175 l, § 175q and § 175p, 175t is delivered into their own hands.



§ 175b



The parties are those which can be reasonably considered that are

zůstavitelovými heirs, and in the absence of such persons, the State. The creditor

zůstavitelův is a participant in the proceedings in the case of § 175p, in the case where the

addressing his claims, and when disposing of the heritage. In proceedings under section

175h paragraph 1. 2 is a participant in control of only the one who took care of the funeral.



§ 175c



The Court shall immediately carry out an investigation in the register of wills deposited with notary in

custody, which is guided by whether it is registered by the last will and Testament

the testator, the instrument of abdication deeds or withdrawal of such acts (hereinafter referred to as

"the will"), and in which the notary is stored.



§ 175d



(1) in the preliminary investigation, the Court, in particular, shall affix the data needed for

finding heirs and to determine the zůstavitelova of assets and debts and whether

the heirs to whom the deceased was the legal representative, the need to establish

guardian.



(2) if the deceased Left a will, the Court finds its status and content; on

request the Court to do so and the notary who has a will in the cache.



(3) if there is a to determine the status and content of the will, shall establish its

the original, if the will is not drawn up in the form of a notarial deed, to

collections held at the Court of wills declared.



§ 175e



(1) if required by the general interest or an important interest of the participants, the

the Court's own motion urgent measures, in particular ensure heritage, entrust

personal effects of the deceased spouse or other Member of the household,

take care of the sale of goods, which cannot be kept without the risk of damage or

nepoměrných costs, where applicable, the administrator shall designate a heritage or its

(hereinafter referred to as the "Administrator").



(2) ensure the heritage shall be carried out in particular by saving at the Court or

depository, the sealing of the zůstavitelově in the apartment or at another suitable

place the prohibition of payment of a debtor for the testator or listing on the site

the very.



(3) upon the sale of movable property, the Court shall proceed mutatis mutandis pursuant to the provisions

enforcement by sale of movable assets, unless he proceeded to

Another method of selling.



(4) the administrator shall designate the Court, in particular from the heirs or persons

close to the deceased; the administrator can be appointed a notary and, if in

This is not a judicial Commissioner. If the subject of inheriting the business,

the Court will appoint an administrator of the person that has experience with the management of the company.

An administrator can designate only one who agrees with the provision.



(5) the Urgent measures can be done according to the possibilities and needs of any

the Court.



§ 175f



(1) the administrator shall be for probate proceedings acts necessary to maintaining the

assets belonging to the heritage, and to the extent defined by the

by the Court. The administrator is obliged to exercise the function of progress with professional care

and is responsible for the damage resulting from a breach of duty that he stores

law or imposed by the Court. If the Court, he shall submit to the administrator saves the

interim reports on its activities.



(2) the Court may, for important reasons of the exempt administrators from the function. According to the

necessary, appoint a new administrator. Exemption shall not cease správcova

the responsibility referred to in paragraph 1. An administrator who has been relieved of functions, it is

obliged to duly inform the new administrator and give it all the

papers.



(3) upon completion of the probate proceedings, the administrator shall submit the Inheritors

through the Court a final report on its activities. The Court shall then decide

the remuneration and the reimbursement of cash expenses, the Manager paid by the heir of that

heritage that is not acquired the over-indebtedness; If several heirs, these

costs under the mutual ratio of the net worth of their shares of the inheritance.

In other cases, the costs to the State.



§ 175 g



When taking a full basis for the decision, the preliminary investigation,

ensure the heritage, in particular, to protect it against unauthorized

interference in the sale of goods, the value of the zůstavitelova property and the discovery

the inventory on the spot as the competent authority, upon request of the Court

Government or local government.



§ 175h



(1) if the deceased left no assets, the Court stops the proceedings.




(2) if the testator has left the assets of negligible value, it may

Court to issue to the person who took care of the funeral, and control stops.



(3) against the decision referred to in paragraphs 1 and 2 cannot be appealed.



§ 175i



(1) unless the proceedings terminated pursuant to section 175h, the Court shall inform those

It may be reasonable to consider that they are the heirs of their inheritance law and

the options to reject the heritage within the time limit of one month from the date when the

heir to the Court on the right of inheritance to refuse shall be informed; This time limit, the Court may

important reasons may be extended. At the same time the heir to instruct about the terms and

on the effects of denial of heritage.



(2) the notice to be served on the Court, including the lessons learned into their own hands or

by word of mouth and in the Protocol stating that it happened.



§ 175j



To discuss heritage do not need to order the hearing, if the Court confirms the

his acquisition of the sole heir, or if the heritage of the State falls under section

462 of the civil code.



§ 175 k



(1) if someone before you commit to the acquisition of heritage claims that it is

the heir, and denies the right of inheritance of another heir to that legacy turned

the Court examined the conditions of succession of both and is therefore, for the

It considers that is heir to.



(2) However, if the decision Depends on the law of inheritance on the findings of the contested

the facts, the Court will refer the resolution after a futile attempt at reconciliation of

heirs, whose inheritance law seems less likely to bring their

the right to apply an action. Action specifies a time limit. If the action is not in the

the period is filed, the Court continues to drive without regard to the heirs.



(3) if the assets and liabilities between the parties to the dispute, the Court is limited only to the

finding their controversial; in the calculation of the net asset to them

not taken into account.



§ 175 l



(1) if the testator Had with bereaved husband property in bezpodílovém

joint ownership, the Court decides on the general price of this asset at the time of

the death of the testator, and in accordance with the principles set out in the civil code determines what

from these assets belong to the heritage and what belongs to the surviving spouse.

If the decision depends on the fact, that remained among the survivors

her husband and one of the heirs is disputed, the Court shall proceed in accordance with § 175 k paragraph 1.

3.



(2) if the Court before it is finally completed, management succession

other assets in joint ownership, bezpodílovém decides about him subsequently

referred to in paragraph 1; While based on the original decision.



§ 896 m



Court finds zůstavitelův assets and its debts and carry out an inventory of the assets and

liabilities. This is without prejudice to the provisions of § 175 k paragraph 1. 3 and § 175 l paragraph. 1

the second sentence.



§ 175n



On a proposal from the heirs of the court order, which prompts lenders to him

they announced their claims within a period which the resolution shall provide and shall instruct the

that the heirs do not match the creditors of his claim in a timely manner

not been told if the satisfaction of the claims of other creditors

exhausted price heritage, which the heirs. The Court shall publish the resolution

by posting on the official notice board of the Court.



§ 175o



(1) on the basis of the findings of the Court in accordance with section 896 m general price of property,

the amount of the debt and the net value of the heritage, or the amount of its over-indebtedness in the

the time of death of the testator.



(2) if the Court before the inheritance proceedings is finally completed,

a new fact, that require a change of that order, makes the

the necessary correction to the new resolution.



§ 175p



(1) the participants may agree that the over-indebted heritage will

abandoned to creditors for payment of debts. This agreement is subject to approval

the Court, which approves the agreement, if not contrary to the law; If it does not approve the

the agreement continues the proceedings after the decision.



(2) If after a final closure of the proceeding other assets,

proceed as indicated in paragraph 1. If the property surplus, will discuss

the Court as a legacy.



§ 175q



(1) the Court in its resolution on heritage



and the acquisition of heritage) confirms the sole heir, or



b) confirms that the legacy that has not acquired any heir, the State

or



(c) approves the settlement agreement), inheritance or agreement on abandonment

předluženého heritage for payment of debt, or



(d) the acquisition of heritage) confirms that according to the inheritance of shares, if there is no in between

the heirs to the agreement.



(2) part of the resolution referred to in paragraph 1 may also be a resolution under section 175 l

and 175o.



(3) if the Tribunal does not approve the agreement on the settlement of the heritage,

proceedings are to continue until after the legal force of this resolution.



§ 175r



Heirs can things belonging to the heritage during the succession to sell

or to take other measures, beyond the usual, just

with the permission of the Court.



§ 175s



By resolution under section 175p and 175q is a discussion of the legacy ended. After

legal force of this order, the Court shall cancel the made ensure the heritage,

If you have already abolished in the course of the procedure of inheritance; cancels in particular

all bans payment of deposits, insurance policies and other values that were in the

procedure for the consideration of the heritage are required by law or made.

At the same time inform the institutions, for which the values are stored, to whom they have

be issued; If this person is not known or is of unknown whereabouts,

the Court shall proceed mutatis mutandis under section 185 g. The time limit under section 185 g of paragraph 1. 1

shall run from the date of the decision, which the proceedings were

completed.



§ 175t



(1) if the heritage of over-indebtedness and if there is no agreement in accordance with section 175p, may

by order of the Court to order the liquidation of the succession. Shall decide without design.

As well, the Court shall proceed, if the State has proposed disposal of heritage, therefore,

that the creditor refused to accept the payment of their claims from heritage.



(2) the regulation of the disposal of the court order, in which the lender asks,

that he announced his claim within the time limit, which in its resolution provides, and

notifies you that the claims, which will not be satisfied when disposing of

cease to exist. This resolution to be posted on the notice board of the Court.



(3) as soon as the resolution on the liquidation of the succession regulation came into force,

does already under § 175p-175s.



§ 175u



(1) the liquidation of heritage Court performs realisation of all zůstavitelova

assets under the provisions on enforcement by sale of movable assets and

real estate or sales outside of the auction appropriately under the Special

prescription. ^ 34a)



(2) the assets of the testator, who was unable to monetize, decides as follows

the Court that found the State with effect from the date of death of the testator.



§ operating temperature min



(1) the Court makes the schedule proceeds of the assets of the testator (hereinafter referred to as

"proceeds") among the creditors.



(2) the Court shall pay out of the proceeds of the claim by these groups gradually:



and the cost of sickness and zůstavitelovy) the reasonable costs of his funeral,

costs and maintenance, due



b) owed taxes and charges,



(c)) other receivables.



(3) if the sum of the claims in the first group of proceeds, shall be

These claims fairly. Similarly in other groups,

However, in the Group c) shall be paid before other claims

receivables secured by real estate or restrictions on bailout

rights.



(4) the Final end of liquidation will terminate against the heirs of unmet

the claims of creditors. If, however, the more assets, zůstavitelův

It divides the Court creditors to the amount of their unmet claims without

sight of this demise. If the property surplus, will discuss it

the Court as a legacy.



§ 175w



If it is found later, that the testator is alive, or has been cleared of his

Declaration of death, cancels the Court resolution on heritage under § 175p and

175q.



§ 199 x



If after final resolution, which was to probate proceedings

completed, a zůstavitelův asset, as appropriate, debt, makes the Court of

This estate probate proceedings. If only the debt of the deceased,

probate proceedings shall not apply.



§ 175y



(1) the non-inclusion of assets or debts to assets and liabilities heritage as a result of

the procedure under § 175 k paragraph 1. 3 shall not prevent the parties to fight over

his right of action outside of the probate proceedings.



(2) Excluding the case where the liquidation was carried out at heritage, does not prevent the

order of the Court to the person who was not a participant in the probate proceedings, which

the resolution came to seek their rights to sue.



§ 175z



(1) if the hearing of heritage does not belong within the competence of the Czechoslovak

the Court will carry out a preliminary investigation and the Court issues the participants on their

request official confirmation about the outcome of this investigation.



(2) is to be issued to property abroad, it shall inform the Court of

Czechoslovak heirs, creditors notice be posted for 15

days on the court notice board; known participants to deliver this notification.



Notaries in probate proceedings



§ 175za



Notaries public located in the periphery of the District Court are equally commissioned to

acts in probate proceedings according to the schedule, on a proposal from the

notarial Chambers, the President of the regional court shall issue for each calendar year.



§ 175zb



(1) the Court may remove the thing entrusted notaries, if over the previous

warning will cause undue delays in judicial proceedings. The Court then instruct

acts in the proceedings on the legacy of another notary according to the work schedule.



(2) the withdrawal of the case referred to in paragraph 1 is not judicial decision.



§ 175zc



(1) If, in accordance with a special law will be appointed a representative, the


substitute or will be appointed new notary, will take over the case, in which no longer

the Court has been granted credentials.



(2) If, in accordance with a special law will be appointed by the representative

candidate notary, shall be deemed for the purposes of this Act, for a period of

representation for the notary. However, the Court shall decide on the remuneration and compensation of the finished

notary expenses, which he/she represents. Special regulation provides

How will it be share shortcut on the remuneration of notary.



§ 175zd



(1) Notary prepares all necessary documents for issuance of the order of the Court,

suggestions on the order of the Court and settle their reward and cash outlays.

If supporting documents are not complete, can the Court go back to applications for notaries public

Tween control.



(2) the notary has the right to appeal against the verdict of the reward and finished

expenditure. ".



34A) section 27 para. 2 Act No. 328/1991 Coll. on bankruptcy and settlements.



17. the Above § 176 is deleted the heading "chapter five special provisions".



18. in paragraph 185, the following new Section 185a-185s, including headings

shall be added:



"Úschovách



§ 185a



(1) before the Court can be folded for safekeeping money, securities and other movable

things pertaining to custody in order to fulfill the commitment.



(2) the application for admission to custody shall include a statement of the person who

money, securities or other things for safekeeping composed (hereinafter referred to as

"složitel"), that commitment, the values are folded to

custody, could not be fulfilled because the lender is absent or is in the

delay, or that složitel has justified doubts as to who is the creditor,

or that the creditor knows the složitel.



(3) the Court shall decide without a hearing by a resolution that will deliver to the participants in the

your own hands.



§ 185b



Party to the proceedings is složitel and after the adoption of the custody also the one for whom

the money, securities or other things specified (hereinafter referred to as "the recipient").

After the final resolution on adoption for safekeeping is a participant in the proceedings and

the one who asserts a right to subject of the custody.



§ 185c



If the cache's costs, saves the Court složiteli to provide

a reasonable advance on costs. If the deposit within the time limit

been paid, the Court shall reject the acceptance of custody; the Court also the proposal to

acceptance of custody shall be refused, if the case for the custody of or

If you cannot find a suitable way of safekeeping.



§ 185d



(1) the subject of the custody of the Court to the recipient, at his request. If

composition occurred because someone other than the recipient applies the right to

the release of the subject of custody or that someone else, whose consent is necessary,

disagree with the release of escrow item to the recipient, is subject to the issue of

Escrow needs the approval of all the parties and the persons for whose

opposition to the discharge has been the composition for safekeeping. The consent of the složitele is

However, only if there was a performance composed for an unknown creditors.



(2) the Court shall Složiteli the subject of the custody, upon request,



and if the beneficiary effect) with this procedure, consent, or



(b)) if the recipient declares that the subject of the custody of the Court does not accept, or



(c)) unless the recipient within the time limit fixed by the Court, although he was on the

such consequences, warned.



(3) a person other than that indicated in paragraphs 1 and 2, requesting

the release of the subject of custody, the Court only with the consent and složitele

of the recipient.



§ 185e



If the consent of the subject of custody is denied, you can replace it with

by a final decision of the Court it was decided that the one who

the release said, is obliged to agree to the release of the subject of the custody

to the applicant.



§ 185f are inserted



If the Court accepts the custody case in the cases provided for in the specific

law, is governed by the provisions of the relevant legislation and

If not, the provisions of § 185a to 185h, and reasonably according to the nature of the

custody and its purpose.



§ 185 g



(1) if the time limit had expired three years after the final resolution on the adoption of the

custody or from the date when the subject of custody should be by design

složiteli is issued, the Court will decide that the subject of the custody goes to the State,

If nobody signs him within three years from the date of publication of this

the resolution. This resolution to be posted on the notice board of the Court the Court.



(2) If after the issuance of the decision within the time limit referred to in paragraph 1 a request for the

the release of the subject of custody, the Court shall proceed in accordance with § 185d.



(3) the expiry of the period referred to in the resolution referred to in paragraph 1, unless the

This time the subject of the extradition request has been made, the object cache

custody of the State. This deadline will take State the subject of the custody and

If it was not granted by a final resolution of the applications submitted.



§ 185h



If the subject falls in the custody of the State, the rights of the participants and other

people to the subject of custody.



The procedure for the redemption of documents



§ 185i



(1) Discharge can be lost or destroyed, the instrument that is to be

submit to the exercise of the right.



(2) in proceedings before the Court cannot redeem such instruments, which, according to

the law is entitled to redeem the legal person that is issued.



(3) are not subject to Redemption money, lottery tickets, racing forms, tickets and stamps

daily circulation (tickets, travel tickets, etc.), and talóny of valuable coupons

securities, of the Charter, which involve the right to settle a legal

the person in the territory of the price of goods and services, as well as of the Charter of the

the basis of a claim may only be used on secondary transactions.



§ 185j



(1) the application for the redemption of the Charter may be lodged by any person who has in its amortisation

a legal interest.



(2) the Court shall decide without a hearing by the resolution, which delivers the message to your own

the hands.



§ 185k



The parties are the applicant, the person who is referred to in the instruments required to

perform, the one who has the Charter held by, and the one who filed the objection under section

185 m para. 2.



§ 185l



(1) in the application for the redemption of the Charter is to be noted the fact, of which

It appears that from the Charter or on the basis of a right may be exercised.

The draft, a copy of the documents must be presented or mark the instrument, its

the issuer or other person under the Charter in place, as well as such

the data, which the Charter apart from the other documents of the same type.



(2) if it is in the Charter of certain amount, you need to include this information.



§ 185 m



(1) if the Court finds that the Charter, whose redemption was designed, was not

exposed or that it is not lost or destroyed, the proposal will be rejected.



(2) otherwise, the Court shall issue a decision containing an invitation to be the one who has

the Charter, signed up to one year from the resolution of the issue before the Court

resolution, and, if possible, submit the Charter or that appealed against the

the design of the opposition. This resolution shall be posted on the notice board of the Court.



(3) If a bill of Exchange or cheque, umořována provides the Court in a resolution adopted by the

paragraph 2, the period of two months, and at the same time forbid according to umořovaných

deeds has been paid.



(4) the time limit referred to in paragraph 3 is calculated, if not umořovaná the Charter even

payable from the first day of her maturity. If the umořovaná Charter

already due, this time limit is counted from the date of posting of the order.



§ 185n



If it is a bearer instrument, with the exception of the fuses on the bearer,

the time limit shall end pursuant to section 185 m for one year after the due date of the claim of the

of the Charter.



§ 185o



(1) since the initiation of the proceeding until its final end is not running against the

the complainant of the limitation period, the deadline for the termination of rights or a term specified to

the payment of an amount pursuant to umořované of the Charter.



(2) a person who has been served on the resolution or who could at

due diligence to learn, not to dispose of the rights under the consequences of the invalidity of the

umořované instruments, payment or other performance of the Act in accordance with it, convert it

or make changes to it. The one who is obliged, according to the Charter, is obliged to

hold the instrument submitted and notify the Court, who has submitted it.



§ 185p



If a initiated proceedings on the Bill of Exchange or redemption of the cheque, the petitioner is,

that is recorded by the resolution, is entitled to seek payment of the Bill of Exchange or cheque,

If reasonable assurance, until a bill of Exchange or cheque not declared

amortised. If this assurance can claim to demand that the debtor

the amount was composed to the custody of the Court.



§ 185q



The Court shall examine the application of the Charter and who has found his objections.

If it finds that the Charter is not lost or destroyed, the proposal will be rejected.



§ 185r



(1) if the time limit has expired pursuant to § 185 m para. 2 or 3, and if no

rejection of the application, the Court shall declare to the next draft Charter for umořenou.



(2) if there is no other proposal under paragraph 1, filed within one month from the

expiry of the period referred to in § 185 m para. 2 or 3, the Court stops the proceedings. On

This result is necessary to notify the applicant, in its resolution under section 185 m

paragraph. 2 or 3.



§ 185s



Resolution on the amortisation of the Charter replaces the umořenou instrument till he who

According to the Charter, it will not grant the creditor a replacement instrument. ".



19. § 227 including title is deleted.



20. In paragraph 239, paragraph 4 shall be deleted.



21. In article 240 paragraph. 1 the first sentence reads as follows:



"Tenderers may submit an appeal within one month of legal power

the decision of the Court of appeal, with the Court that gave the judgment at first

degree. ".



22. in section 243b para. 2 are deleted the words "or the National Notary" and

the words "or a notary".



23. in section 243b para. 3 are deleted the words "or the National Notary".



24. In § 243d deleted paragraph 2 and paragraph 3 shall be renumbered

as paragraph 2.



25. § 352 including title:



"PART SEVEN



OTHER ACTIVITIES OF THE COURT



§ 352




(1) the Court accepts deposit money, documents and other movable assets in the

connection with criminal or other legal proceedings. Also in court

They consist of money and other values belonging to persons, for which the Court

oversees property management, backup, and other payments directly

is related to the court proceedings.



(2) for admission to the custody of the Court a person who values,

confirmation. ".



26. the heading of § 355:



"PART EIGHT



FINAL PROVISIONS transitional provisions ".



27. in paragraph 374 of paragraph 1. 1, first sentence, after the words "judiciary"

the words "including the notary procedure when implementing acts in probate proceedings,"

and in (a) above), the words "administrative staff" deleted the comma

and the following words "and which acts in probate proceedings may a notary

entrust their workers ".



28. the following section is inserted after section 374 374a, which reads as follows:



"section 374a



The Ministry of Justice of the Republics shall issue a decree the amount of remuneration

Notaries as judicial Commissioners and administrators Heritage Rewards and how they

determine. ".



Article II



1. The District Court in whose district the there State notary, will take over the

the effective date of this Act, the writings in the probate proceedings, about redemption

documents and úschovách, which to this date have not been finished,

and management completes.



2. For the management of the legacy of those who died before the effective date of this

the law, the Court used the existing legislation; This does not affect the use of section 38.



3. the procedure for redemption of documents and úschovách initiated before the date of

the effectiveness of this law the Court finishes according to present regulations.



4. The time limit for lodging an appeal in proceedings referred to in paragraph 1 is retained,

If the appeal addressed to the notary, against whose decision

is going.



5. The District Court in whose district the there State notary, will take over the

the effective date of this Act, the articles of all escrow, which State

a notary has led the management and escrow received in connection with the management of

about heritage and escrow pursuant to section 103a of Act No. 95/1963 Coll., on the State

notary and proceedings before the public notary office (the notarial regulations), as amended by

amended.



6. the Court makes in the probate proceedings also in the records of the investigation of wills

State notary, which took over, whether it is registered by the last will and Testament drawn up

notary public notary registration and before which court they are stored.



Article. (III)



The Bureau of the Federal Assembly is hereby authorised, in the collection of laws

announced a full text of the code of civil procedure, as is apparent from the changes and

supplements made by this Act.



Article IV



This Act shall take effect on 1 January 2000. January 1993.



Havel, v. r.



DUBCEK in r.



Čalfa in r.