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.