Code Of Civil Procedure

Original Language Title: občanský soudní řád

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=30398&nr=99~2F1963~20Sb.&ft=txt

99/1963 Coll.



Code of civil procedure



from day 4. December 1963



Change: 36/1967 Coll.



Change: 158/1969 Coll.



Change: 49/1973 Sb.



Modified: 20/1975 Coll.



Change: 133/1982 Coll.



Change: 180/1990 Coll.



Change: 328/1991 Coll.



Change: 519/1991 Coll.



Change: 263/1992 Coll., 24/1993.



Change: 171/1993.



Change: 283/1993 Coll.



Change: 117/1994 Coll.



Change: 152/1994 Coll.



Change: 216/1994 Coll.



Change: 84/1995 Sb.



Change: 118/1995 Coll.



Change: 237/1995 Coll.



Change: 118/1995 Coll., 160/1995 Coll. 237/1995 Coll., 247/1995 Coll.



Modified: 31/1996 Coll., 142/1996 Coll.



Change: 269/1996 Coll.



Change: 202/1997.



Change: 227/1997 Coll.



Modified: 15/1998 Coll.



Change: 91/1998 Coll.



Change: 165/1998 Coll.



Change: 326/1999 Coll.



Modified: 2/2000 Sb.



Change: 46/2000 Sb.



Change: 360/1999 Coll.



Modified: 27/2000 Coll., 105/2000 Sb.



Change: 130/2000 Sb.



Change: 204/2000 Sb.



Change: 227/2000 Coll.



Change: 370/2000 Coll. (part)



Modified: 30/2000 Coll., 155/2000 Coll., 220/2000 Coll., 367/2000 Coll., 370/2000

SB.



Change: 120/2001 Sb.



Change: 137/2001 Coll.



Change: 231/2001 Coll.



Change: 271/2001 Sb.



Change: 452/2001 Coll., 491/2001 Coll., 501/2001 Sb.



Change: 317/2001 Sb.



Change: 202/2002 Coll., 227/2002 Sb.



Change: 276/2001 Coll., 151/2002 Coll., 320/2002 Coll.



Change: 476/2002 Coll. 88/2003 Coll.



Change: 120/2004 Sb.



Change: 153/2004 Sb.



Change: 237/2004 Coll., 257/2004 Coll.



Change: 340/2004 Coll.



Change: 436/2004 Sb.



Change: 555/2004 Coll. (part)



Change: 628/2004 Sb.



Change: 554/2004 Coll., 555/2004 Sb.



Change: 59/2005 Sb.



Change: 170/2005 Sb.



Change: 216/2005 Coll.



Change: 205/2005 Sb.



Change: 342/2005 Sb.



Change: 377/2005 Sb.



Change: 383/2005 Sb.



Change: 501/2004 Coll., 413/2005 Sb.



Change: 56/2006 Sb.



Change: 79/2006 Coll. (part)



Change: 57/2006 Coll., 79/2006 Coll., 113/2006 Sb.



Change: 133/2006 Sb.



Change: 216/2006 Coll.



Change: 233/2006 Sb.



Change: 134/2006 Sb.



Change: 115/2006 Coll.



Change: 309/2006 Coll.



Change: 315/2006 Sb.



Change: 112/2006 Coll., 135/2006 Coll. 264/2006 Coll. 308/2006 Coll. (part)



Modified: 296/2007 Sb.



Change: 104/2008 Sb.



Change: 123/2008 Coll., 126/2008 Sb.



Change: 259/2008 Sb.



Change: 295/2008 Sb.



Change: 384/2008 Sb.



Change: 189/2006 Coll., 129/2008 Coll., 274/2008 Coll., 305/2008 Sb.



Changed: 7/2009 Coll. (part)



Changed: 7/2009 Sb.



Change: 218/2009 Sb.



Change: 198/2009 Sb.



Change: 285/2009 Coll., 286/2009 Sb.



Change: 420/2009 Sb.



Change: 227/2009 Sb.



Change: 281/2009 Coll., 347/2010 Coll., 409/2010 Sb.



Change: 69/2006.



Change: 48/2010 Sb.



Change: 139/2011 Sb.



Change: 188/2007 Sb.



Change: 186/2010 Sb.



Change: 218/2011 Sb.



Change: 355/2007 Coll., 364/2011 Coll. 420/2010 Coll., 470/2011 Sb.



Change: 167/2009 Sb.



Change: 202/2012 Sb.



Change: 334/2009 Sb.



Change: 147/2009 Coll., 396/2009 Coll., 399/2012 Coll. 401/2012 Coll., 404/2012

SB.



Change: 45/2013 Coll. (part)



Change: 369/2012 Coll., 45/2013 Coll. (part)



Change: 45/Sb.



Change: 241/Sb.



Change: 293/Sb.



Change: 396/2012 Coll. (part), 19/2014 Sb.



Change: 87/2015 Sb.



Change: 139/2015 Sb.



Change: 164/2015 Sb.



Change: 205/2015 Sb.



The National Assembly of the Czechoslovak Socialist Republic has resolved

to this Act:



PART THE FIRST



General provisions



Head first



Basic provisions



§ 1



Code of Civil Procedure regulates the procedure of the Court and the participants in the civil

judicial proceedings so as to ensure fair protection of private

rights and legitimate interests of the participants, as well as education for compliance with contracts

and the laws, to the top performance of the obligations and to respect for the rights of other persons.



§ 2



In the civil courts hear and decide disputes, and other

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

on a voluntary basis; shall ensure that, in order to prevent violations of the rights and the law

protected interests and rights were not abused.



§ 3



Civil proceedings is one of the guarantees of Justice and rights, is used

consolidating and developing the principles of private law. Each can claim for

Court of protection of private law, which have been threatened or violated.



§ 4



cancelled



§ 5



The courts provide participants the lessons of their procedural rights and

obligations.



§ 6



In the proceedings, the Court shall proceed, predictably and in consultation with the participants

control so that the protection of rights was fast and effective, and to the fact

that are questionable, were among the participants in their degree of participation

reliably detected. Provisions of this Act must be interpreted and

so, in order to prevent their abuse.



The head of the second



The courts of the



The power to



§ 7



(1) in civil proceedings shall hear and decide disputes and the courts

other legal cases arising from the circumstances of private law, if it is

According to the law in the upper House and determine them to other authorities.



(2) disputes and other legal matters referred to in paragraph 1, which according to the law

decided to other authorities than the courts, the courts in civil proceedings

discuss and decide, under the conditions listed in part five of this

the law.



(3) other things being discussed and decided by the courts in civil

proceedings, only if provided for in the law.



(4) the jurisdiction of the courts in matters of administrative justice regulates the Special

^ 96) Act.



§ 8



cancelled



§ 8a



cancelled



The jurisdiction of the



§ 9



(1) unless otherwise provided by law, are to the proceedings at first instance competent

the district courts.



(2) regional courts decide as courts of first instance



a) in disputes relating to netting of payment overpayment on the dose

pension insurance, health insurance, State social support

and assistance in material need and with regard to the mutual settlement of regression

compensation paid as a result of entitlement to sickness benefit

insurance,



(b)) with regard to the determination of the illegality of a strike or lock-out,



(c)) in disputes relating to a foreign State or persons enjoying

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

the courts of the United States,



(d)) in disputes on the abolition of the arbitrator's decision on the fulfilment of commitments

collective agreements,



(e)) in cases arising from legal relations that are related to

through the establishment of business corporations, institutes, foundations and endowments, and in

disputes between business entities, their shareholders or members

as well as between the partners or members to each other, resulting from participation in the

Business Corporation,



(f)) in disputes between business entities, their shareholders or members

and the members of their organs or the liquidators if the relations related to the

the performance of the members of the institutions or of liquidation,



g) in disputes arising from intellectual property rights,



h) with regard to the protection of the rights of broken or at risk of unfair

Competition Act or illegal restrictions of competition,



even) in matters of protection of the name and the reputation of a legal person,



j) in disputes of a financial collateral and disputes relating to bills of Exchange,

cheques and investment tools,



k) in disputes of the shops on the commodity exchange,



l) in matters relating to the conduct of the Assembly of the community of owners and the disputes it

incurred, with the exception of disputes about the contributions of members of the community of owners of the

the House and land management, disputes about the advance on the remuneration for the services and how to

breakdown of prices for services,



m) in matters of conversion of commercial companies and cooperatives, including all

proceedings for compensation under special legislation,



n) in disputes arising from the purchase of the plant, the plant or part of lease,



about) in disputes from contracts for works that are excess

public procurement, including the supplies necessary to perform these

of the treaties.



(3) the Supreme Court of the United States (hereinafter referred to as the "highest court") shall act

as the Court of first instance, if provided for by special legislation.



§ 9a



To discuss the action in accordance with § 91a are responsible in the first instance by the district

or county courts, depending on which of these courts is carried out in

the first stage of the proceedings on the case or the law of the sea, to which the plaintiff is entitled.



§ 10



(1) the county courts adjudicate on appeals against decisions of district

of the courts.



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

the grade is decided by the High Court.



section 10a



About dovoláních against decisions of regional courts as the courts or

appeals shall be decided by the Supreme Court.



§ 11



(1) proceedings shall be held in the court having substantive and territorial jurisdiction. For

the determination of the substantive and territorial jurisdiction are applicable until the end of proceedings

the circumstances here are at the time of its launch. Factually and locally

the competent court is always also, whose jurisdiction is no longer possible under the

the Act explore or whose jurisdiction has been determined by a final

by decision of the competent court.



(2) If several courts locally, you may control held by the

any of them.



(3) if it is a thing that belongs to the jurisdiction of the courts of the Czech Republic, but

the conditions of territorial jurisdiction is missing or is unable to determine, shall determine

The Supreme Court, which court hears and decides.



§ 12



(1) if the competent court on the matter, because its judges are

(§ 14, § 3, paragraph 2, and section 16a) must be ordered another thing

the Court of the same instance.



(2) a thing may be to another court of the same instance it also because of

fitness.



(3) referral by the Court, which is the closest together


Superior Court and the Court has ordered to be the thing.

Participants have the right to comment on the case, which the Court has to be the thing

ordered, and in the case of paragraph 2, also for the reason that the thing should

be ordered.



section 13 of the



cancelled



Exclusion of judges



§ 14



(1) Judges and lay judges are excluded from the hearing and the decision of the case,

If, in view of their ratio to the point, to the participants or to their

the representatives there is reason to doubt their impartiality.



(2) for a higher court are excluded as well as judges, who discussed

or decide the matter by a lower court, and vice versa. The same is true,

in the case of making a decision on the appeal.



(3) the hearing of an action for annulment of the decision and are excluded

also the judges who issued the contested decision or action, the thing

discussed.



(4) the reason for the exclusion of a judge (assessor) are not the circumstances that

lie in the procedure the judge (assessor) in the present case, the

or in its decisions on other matters.



§ 15



(1) as soon as a judge or lay judge becomes aware of the fact that the

excluded, to the President of the Court shall be notified immediately. In the meantime, you can control

make only such acts will be dealt with.



(2) the presiding judge shall determine according to the schedule of work instead of a judge (assessor)

referred to in paragraph 1, another judge (assessor), or, if a

notification of all members of the Senate, the Chamber shall refer the case to another; If this is not

possible, refer the matter to a decision under section 12 paragraph 1. 1. In the case of exclusion

According to § 14 para. 1 and President of the Court considers that there is no reason to

doubts about the impartiality of the judge (assessor), refer the matter to the

the Court's decision referred to in article 16(1). 1.



section 15a



(1) the subscribers shall have the right to respond to the persons of the judges and lay judges,

who are scheduled to discuss the matter and decide work. About must

be instructed by the Court.



(2) the participant is obliged to the objection of partiality of the judge (assessor)

to apply, no later than at the first meeting, which was attended by the judge

(assessor), about the exclusion of it; If you didn't know at this time of the reason

exclusion or if this was the reason later, objection may apply to the

15 days after he is aware of it. An objection may bias later

participant to apply only if the Court was not informed of his right to

comment on the persons of the judges (lay judges).



(3) in the complaint of bias must be in addition to the General requirements (section 42

paragraph. 4), against which the judges (přísedícímu), in what is

considered to be the reason for doubts about its impartiality, or when it

the participant submitting the objection heard and what evidence may be

shown.



section 15b



(1) the decision on the opposition of bias on the court case with the observations

judges (lay judges) concerned his superior court. In proceedings can be

so far, make only those tasks that will not endure.



(2) the provisions of paragraph 1 shall not apply if the claim was asserted before or

in the course of the negotiations, in which the case was decided, and if the Court has considered that the

the objection is not justified.



(3) the provisions of paragraph 1 shall not apply where, if a participant in the

the opposition of the same circumstances, which were superior court (another Senate

The Supreme Court has already decided or) If an objection is clearly overdue.



section 16 of the



(1) whether the judge or lay judge, decides to parent

the Court in the Senate. On the exclusion of judges of the Supreme Court shall decide a different Senate

the same court.



(2) the Late opposition (§ 15a paragraph 2), the Court referred to in paragraph 1

rejects.



(3) Evidence to demonstrate because of the exclusion of a judge (assessor)

does the Court referred to in paragraph 1, either itself or through

the requested court. If the evidence is not necessary to the decision of the

pursuant to paragraphs 1 and 2 of the mandate of the negotiations.



section 16a



(1) if it was decided that the judge (assessor) is excluded,

the President of the Court according to the work schedule shall designate another judge instead

(assessor), or, if all members of the Senate were excluded,

the Chamber shall refer the case to another; If this is not possible, shall refer the matter to the decision

According to § 12 para. 1.



(2) if the decision of the Court of appeal or such extraordinary appeal or on the basis

Action for annulment canceled because in case the excluded

judge (assessor), or if the Board ordered or dovolací the Court to

thing in the next proceedings discussed and decided another Senate (single judge),

the procedure is similar in accordance with paragraph 1.



section 16b



The resolution of the Court pursuant to section 16 para. 1 and 2 is mandatory for the Court and the

to the participants in the proceedings; the provisions of § 205 paragraph. 2 (a). section 219a), para. 1

(a). and), § 229 paragraph. 1 (b). (e)) and § 242 paragraph. 3 the second sentence are not

without prejudice to the.



§ 17



Whether the writer is expelled or other employee of the Court, as well as

an expert or interpreter shall be decided by the President of the Senate; the provisions of § 14 para.

1, § 15, § 15a paragraph 1. 1 and 3 and § 16 para. 3 shall apply mutatis mutandis. Against his

the resolution is not subject to appeal.



§ 17a



cancelled



The head of the third



Participation in the proceedings



The participants in the



section 18



(1) participants in civil proceedings have equal status. They have a

the right to be represented before the Court in their mother tongue. The Court is obliged to ensure

give them the same opportunities to exercise their rights.



(2) a party whose mother tongue is other than English, the Court shall designate

an interpreter as soon as the need comes out in the proceedings. The same is true,

in the case of the provision of an interpreter, a party with whom you cannot communicate

other than some of the communications systems of the deaf and Deafblind

people ^ 54).



§ 19



Capacity to be a party to the proceedings is the one who has legal personality; otherwise,

only the one who the law admits.



section 20



(1) each may before a court as a legal act

(legal proceedings), in so far as is within his rights.



(2) Confers a special, instead of State legislation to someone else

ability to act independently before a court in a case concerning property

State, it is this person as a participant.



section 21



(1) A legal person is



and member of the Board); If the statutory authority of more than one person, it is

as a legal person, the President of the Board, its Member,

that this was commissioned; If the President or a member of a designated legal

the person, it is always an individual who it is that legal

the person empowered or otherwise authorized, or



(b) the staff member) (member), which was a statutory body entrusted

or



(c)), leading its Division, with respect to matters relating to this

plant, or



(d)) its representative, if granted by the procurement act alone.



(2) the provisions of paragraph 1 shall not apply if this or a special

law, that legal person act of another person.



(3) If a legal person introduced the receivership, it is for her

fiduciary, which in accordance with the law the status of its statutory

authority, or employees of legal persons by fiduciary

commissioned; otherwise, shall follow the procedure referred to in paragraphs 1 and 2.



(4) the legal entity cannot be the one whose interests are contrary

with the interests of the legal entity.



(5) any person who is acting for the legal entity, must demonstrate his or her authority.

In the same case as a legal person may be only one person at a time.



§ 21a



(1) for the State before the Court acts



and) Office of the Government representation in property Affairs in cases

set out under a special legal regulation, ^ 55a)



(b) state the relevant organizational unit) under a special legal

Regulation in other cases.



(2) if the Acts before the Court for the State Office of the Government representation in

matters of property, this is before the Court on behalf of State employee classified

in the Office of the Government representation in property Affairs, responsible for its

by the Director General.



(3) if the Acts before the Court for the State of the State of the relevant

under special legislation, this is before the Court on behalf of the State

the head of the organizational units of the State or the employee's authorized operating

for this or other organizational units of the State.



(4) the provisions of § 21 para. 4 and 5 shall apply mutatis mutandis.



§ 21b



(1) For the municipality and for the higher territorial self-governing unit is the one who is referred to in

a special law shall be entitled to represent them externally, or their

the employee who was the person in charge.



(2) the provisions of § 21 para. 4 and 5 shall apply mutatis mutandis.



§ 21 c



cancelled



Representatives of the participants



and on the basis of the law)



section 22



Natural person who cannot act independently before the Court, must be

represented by their legal representative or guardian.



Article 23 of the



If required by circumstances of the case, the President of the Chamber may decide that the

a natural person who is not fully enjoys must be represented in the proceedings

your legal representative or guardian, even if it is a matter in which the

otherwise could act alone.



(b)) on the basis of power of Attorney



section 24



(1) a participant in a proceeding may be represented by a representative of his choice.

If this is not about representation under section 26 or under section 26a, may be

the elected representative of a participant only a natural person. In the same case may have

participant at the same time only one elected representative.




(2) where in proceedings dealt with classified information, the participants

represent the only natural persons with valid certificate

the natural person for the classification level of these classified information

issued under a special legal regulation ^ 56), or that have been briefed

in the manner specified in § 40 paragraph 2. 1.



§ 25



(1) a representative of the party may always choose the lawyer. Lawyers can be

only grant a power of Attorney for the whole procedure (hereinafter referred to as "procedural authorisation").



(2) the Attorney shall be entitled to be represented by another lawyer to give or, with

except in cases where representation by a lawyer under this Act

required, legal trainee solicitor or his employee as the next

representative.



§ 25a



(1) a participant may choose a representative whether or not a notary; the notary can participant

representation only to the extent their permissions provided for special

legislation. ^ 57) a notary may only be granted full power.



(2) the notary is entitled to give the other a notary to be represented and, with the exception of

cases in which the notary is required under this Act, whether or not

the notary or trainee solicitor notary candidate.



§ 25b



With the exception of the appeal of the party may choose a representative whether or not the patent

representative; patent agent can represent the only participant in the range

permissions provided for special legislation. ^ 57b)



section 26



(1) a trade union may, with the exception of matters relating to the relationship between

businesses resulting from business activities, in the proceedings to represent

the party is a member.



(2) the Office for international legal protection of children (hereinafter referred to as "the authority") may

represent a participant in proceedings relating to the determination or modification of maintenance obligations

and in the proceedings for enforcement of the decision imposing the obligation to pay

of maintenance, with regard to matters relating to the foreign country.



(3) in matters of protection against discrimination based on sex, racial

or ethnic origin, religion, faith, belief, disability, age

disability, age or sexual orientation is a participant in the proceeding may give the

also represent a legal person based on a special

the legislation, to which the activities referred to in the articles include

protection against such discrimination.



(4) with regard to claims based on the Copyright Act claims

of threat and violation of the rights under the Copyright Act, and of the claims on the

unjust enrichment obtained at the expense of whom testify to the rights

under copyright law, a party can give represent the legal

the person, whose business activities include, where appropriate, the protection of

rights under copyright law.



(5) if the applicant alien in matters of work, you may put in the management

also represent a legal person based on a special

the legislation, to which the activities referred to in the articles include

protection of the rights of aliens; as a legal person is authorized by its

an employee or a member who has a university education, which

under special legislation is required for the exercise of advocacy.



(6) If a trade union organization or authority or legal person

in accordance with paragraphs 3 to 5 of the representation, it is on their behalf for the under-represented

the person referred to in section 21.



Section 26a



(1) in the cases and under the conditions specified in the specific legal

the code ^ 55a) can be represented in the proceedings by the State, the municipality, for which prior

the Court acts, the Office of the Government representation in property Affairs.



(2) the representation referred to in paragraph 1 may be granted only to a State of procedural

power of attorney.



(3) if the State takes over the representation referred to in paragraph 1, acting on behalf of the State for

represented by the municipality employee classified in the Office of the Government representation in

property Affairs, responsible for its General Director.



section 27 of the



(1) a participant may be represented by any natural person,

that is fully enjoys. This representative may be the only person.



(2) the Court decides that the representation referred to in paragraph 1, if the

a representative may not be eligible for the proper representation, or if

as the representative acts on the various matters again.



§ 27a



cancelled



section 28



(1) the representatives chosen by the party, shall be granted in writing or orally to the

log the process or power of Attorney power of attorney only for certain tasks.



(2) revocation of power of attorney by the participant or its representative are testimony to

Court effective as soon as he was notified to the participant or representative; against the

other parties to the proceedings are effective as soon as they have been notified by the Court.



(3) If a participant Chooses a different shortcut, thereby also testified

Attorney's representatives.



(4) the Signature on the power of Attorney, power of attorney or revocation on its

notice of termination must be officially verified, only if provided for by law, or

If so, the President of the Senate.



(5) if the principal loses the capacity to be party to the proceedings, or

dies or ceases to exist if a representative, the power of Attorney terminates.



(6) unless the power of Attorney of something else, power of Attorney terminates on the date of the legal

the decision, which was completed the proceedings for which they were granted.



section 28a



(1) the procedural power of Attorney cannot be limited. Representative, to whom was this power of Attorney

granted, it is entitled to all the acts in the proceeding may make

participant.



(2) the power of Attorney for certain acts authorizes to represent only those

operations that were in the power of Attorney expressly listed.



(c)) on the basis of the decision of the



section 29



(1) if he is not represented by a natural person who, as a party to the proceedings cannot

before the Court separately to act, the President of the Senate shall appoint her guardian

If there is risk of default. The same happens if so provided by

a special regulation.



(2) a guardian shall designate the President of the Senate, whether or not the legal entity that

as a party to the proceedings before the Court cannot act because it is not here

the person authorized to act for it or that it is debatable who is the person

qualifying for her Act (section 21), where there is risk of default.



(3) If other measures fail to do, the President of the Senate, appoint a

the guardian also unknown heirs of the testator, if it is not yet in control

about heritage established a circle of his heirs, a party whose stay is not

I know, which failed to deliver on a known address in a foreign country that was

suffering from a mental disorder or other medical reasons cannot

not only for a transitional period to take part in the proceedings or who is unable to

to express yourself clearly.



(4) the Guardian referred to in paragraphs 1 to 3, the Court shall appoint a person as a rule

nearby, or other appropriate person, unless special reasons.

A lawyer can be appointed guardian only if it cannot be

appointed by someone else. Another person than a lawyer can be appointed

guardian only if agrees. If the Court has not decided otherwise,

a guardian appointed under paragraphs 1 to 3 in the procedure before the

Court of first instance, appeal and in such extraordinary appeal proceedings.



section 29a



A party that issued the preliminary statement in anticipation of their own

the incapacity of the legal act, the Court will appoint a guardian with her

the consent of the person under guardianship, marked in the preliminary statement.



section 30



(1) a party that is qualified to be exempt from the Court

court fees (section 138), President of the Chamber shall designate, at his request

Representative, if it is absolutely necessary to protect its interests. About the fact that

You may submit this request, is President of the Chamber shall instruct the participant.



(2) if required by the protection of the interests of the participant or, in the case of the provisions

a representative for proceedings in which it is mandatory representation by a lawyer (notary public)

He will appoint the President of the Senate in the case referred to in paragraph 1, the representative of the

the ranks of attorneys.



section 31



(1) the Designated guardian or other representative shall have the same status as

on the basis of a procedural representative power of attorney.



(2) If a guardian or other representative appointed attorney, has

the same status as a lawyer, to which the participant is granted the power of attorney.



the title launched



§ 32



Common provisions



(1) any person who acts in the proceedings as the representative of a party, or

as his representative, must demonstrate their permission first

the Act, which has made on the matter.



(2) the representative of the participant cannot be the one whose interests are in conflict with the

the interests represented.



(3) the duty of the Court to provide participants the necessary lessons, challenges or

notice may be fulfilled by his representatives will be provided; It

does not apply, if a participant has its representative power of attorney only for certain

acts.



§ 33



cancelled



§ 34



cancelled



The title launched



§ 35



the title launched



(1) in the cases provided for by law, the public prosecutor's Office

where appropriate, the Attorney General, to request the initiation of the proceeding, or

the code of civil procedure.



(2) the public prosecutor's Office or the Attorney General shall,

the proceedings are entitled to all of the actions which a party may enforce the

If it's not about the tasks that can be done only legal participant ratio.



section 35a



(1) a special law ^ 55a) stipulates in which cases and under

what conditions can bring proceedings or to proceedings

Enter the Office of the Government representation in property Affairs.




(2) if the Office of the Government representation in property Affairs shall enter into

proceedings under paragraph 1, is entitled to all the tasks that can be done

party to the proceedings, if it is not about the tasks that can be done only participant

legal employment.



Chapter four



The operations of the Court and the parties



Acts of the Court



section 36



(1) in proceedings before the Court and decided upon by the Senate, or a single judge

(single judge). All members of the Senate are equal when making decisions.



(2) the work contour determines that the Senate or that a single judge

(single judge) will discuss and decide the matter.



§ 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 be decided by a single judge; and decided upon by the Senate in the proceedings at first instance,

If so provided by law, and on appeal.



section 36b



The high courts act and decide in chambers.



section 36 c



The Supreme Court and decided upon by a panel of judges.



section 36 d



(1) unless the law provides otherwise, President of the Chamber or its authorized Member

the Senate may, in matters pertaining to the Senate carried out such operations,

which does not act in the matter.



(2) in cases when according to the law and decided upon by a single judge,

belong to him how the rights and obligations of the President of the Senate, as well as the rights,

which are otherwise reserved only to the Senate.



§ 37



(1) the Board shall decide, after consultation; In addition to the members of the Senate and the Clerk shall not

be no other meeting present.



(2) the decision must be the majority of votes, the vote shall be required to

all members of the Senate. Governed by the President of the Senate vote. Lay judges

before the judges vote and the younger judges (lay judges) before the elders, the President of the

the Senate voted on last.



§ 38



cancelled



§ 38a



The special law stipulates that simple things can separately

make decisions and in which other things can independently carry out

individual acts of registrars. This special Act provides

also qualifying and other prerequisites for the exercise of functions of the higher court of

official.



section 38b



Assistant judge of the Supreme Court



Assistant judge of the Supreme Court shall be individual acts of civil

the court proceedings on behalf of a judge of the Supreme Court.



§ 39



(1) acts the competent court could only with difficulty or

elevated, neúčelnými costs or in its perimeter,

performs at the request of another court. By the requested court is the District Court.



(2) if the requested court to perform the Act in its perimeter, forward

the request of the Court, in whose district it is possible to do, if he

the Court I know; otherwise, the request returns.



(3) the Acts of the requested court is performed by a single judge.



section 40



(1) the Acts, in which the Court acts with the participants, evidence or

announce decisions shall be recorded in the form of an audio or sound

video record ("record"). A record shall be kept on a permanent

the data medium, which is included in the file.



(2) If no record can be or if so provided by law,

the acts, in which the Court acts with the participants, evidence or

the decision, announced by the Protocol. The Court may decide that it will at the same time

with the acquisition of a record drawn up about the Act Protocol. If they are not an

present participants, representatives of the public and the Court not only performs

documentary evidence or announce decisions, it is the acquisition of the Protocol.

In the event of a conflict log, and record the record. The Protocol is

lists always of the Act, which



and settlement) was closed, or



(b)) there was an entitlement under section 153a of paragraph 1. 1.



(3) a transcript of the record or part thereof is taken, unless there are serious

the reasons determined by the Court. A transcript of the record or part thereof is taken always, if

an ordinary or an extraordinary appeal on the merits. The second sentence

shall not apply, unless the Court of first instance shall decide on the refusal of the appeal

under section 208 paragraph. 1 or if it was taken by the Protocol.



(4) acts carried out by court executor shall be recorded in the form of

record or log.



(5) in the transcript of the record or part thereof shall be marked in the present case,

shall be present, the acquisition date of the record, the date of preparation of the transcript and

a verbatim transcript of the record have a structured. The transcript shall be signed by the person who

It has produced.



(6) the Protocol shall be marked in the present case, the present, portrays

the course of the taking of evidence and indicate the contents of the přednesů, the lessons provided by the

participants, statements of decisions and observations of the parties on whether the

giving up the appeal against the announced decision; If the Protocol is replaced by the

the submission must also have its essentials.



(7) the Protocol shall be signed by the President of the Senate, and writer; If it is not

President of the Chamber to sign it, sign the Protocol for him, another Member of

the Senate or another judge assigned Chairman of the Court. If it was closed

settlement or if there is an entitlement (section 153a (1)), signed by

the Protocol also participants in the settlement or the defendant; If they cannot read and write

or other reasons to sign the Protocol, the President of the Chamber to

the Protocol in addition to the reason that the Act also corresponds to their will, and the competent

the record shall be signed by. Protocol on vote shall be signed by all members of the Senate

and writer.



(8) the President of the Chamber shall repair the log for errors and other obvious

free from material misstatement. The President of the Senate also decides on proposals to supplement the

Protocol and on objections to the text.



§ 40a



(1) where in proceedings dealt with classified information, the President of the

the Senate shall lay judges, the participants, of the person authorized to represent them (paragraph 21 of the

-21b), a representative of the participants, experts, interpreters, the persons referred to in section 116

paragraph. 3 and other persons who by law must participate in the proceedings,

in advance under a special legal provision to learn ^ 56a). A written record of the

This instruction establishes the President of the Senate to the file and a copy to the

no later than 30 days from the date of the lesson to the National Security Bureau.



(2) instruction under paragraph 1 is not required for those people that are

valid certificate of physical persons for the appropriate level of classification

classified information and instruction, issued pursuant to a special legal

prescription ^ 56a).



section 40b



(1) any dispute or other legal things leads file in paper or in

electronic form. The conditions of management lays down detailed legal

prescription.



(2) unless otherwise provided by law, on paper drawn up by the Act of the Court

signed by the President of the Chamber or the one who on behalf of the President of the Senate

or according to the law. Copy shall be made out, if it is

should be; details provided by the implementing legislation.



(3) unless otherwise provided by law, the Act established a court electronically

signed by the President of the Chamber or the one who on behalf of the President of the Senate

or according to the law made his recognized electronic signature or

marks recognized an Court.



Acts of the participants



§ 41



(1) the participants can carry out their tasks in any form, unless the law

for certain acts does not impose a specific form.



(2) any act of the Court assessed according to its contents, even if the Act

incorrectly marked.



(3) Substantive negotiations made by the participant to the Court is effective also

to the other participants, but only from the moment of it in

management of the learned; This also applies, if the validity of the substantive legal

conduct prescribed for the written form. The provisions of § 40 paragraph 2. 3 shall apply

by analogy.



section 41a



(1) unless the law provides otherwise, a participant may make the Act only explicitly.



(2) the action of a party that is subject to a condition or proof of

time shall be disregarded.



(3) the action of a party that is not under the control of the permissible, shall be disregarded.



(4) an action may be dismissed only if the appeal court will

at the latest at the same time with this Act.



section 41b



Until it was closed settlement or entitlement (section 153a (1)), which

There was a log, co-signed by participants in the settlement or by the defendant, the Court

These acts shall be disregarded.



§ 42



(1) it is possible to do so in writing. A written submission shall be in paper

or electronic form through a public data network or

by fax.



(2) a written submission containing the proposal on the merits made by telefax or

in electronic form must be within 3 days to supplement the presentation of

his original, possibly written by submitting the same wording. To these

by submitting, within the prescribed period has not been made, the Court shall be disregarded.

If provided for in the President of the Senate, the participant is required to submit to the Court

the original (written submissions of the same text) and other submissions made by the

by fax.



(3) in the case of submissions in electronic form signed by a recognized

electronic signature or the filing in electronic form according to the

special legal regulation ^ 58a) is not required supplement administration

the presentation of the original referred to in paragraph 2.



(4) if the law for the submission of a particular species does not require additional formalities,

must be from the petition, which the Court is determined by the person who makes them, that

concerns and what follows, and must be signed and dated. The obligation to


the signing and dating does not apply to the filing in electronic form according to the

special legal regulation ^ 58a). If a participant is represented by an attorney,

the lawyer's signature can be replaced with the imprint of the stamp of the signing, the

the pattern was deposited with the Court to which the request is addressed. Submission of a paper

the form must be submitted with the requisite number of copies and annexes,

so that one copy remained in court and that each participant received

a copy, if it is necessary. Bringing in other forms, it is

only one copy. The Administration made electronically can be connected

also all its annexes in electronic form.



§ 43



(1) the President of the Senate resolution asks the participant to be repaired or

accompanied by the Administration, which does not contain all the prescribed requirements or

that is incomprehensible or vague. To correct or add

Specifies the time limit and the attendee will learn how to repair or replenish

to do this.



(2) if the President of the Senate, in spite of administration properly repaired or

and in the control cannot be added to this lack of continued, the Court

by order of administration, initiating proceedings, refuses. To the other

the filing of the Court disregarded until they are properly corrected or supplemented. About

These consequences must be participant advised.



§ 44



(1) the Parties and their representatives shall have the right of access to court records,

with the exception of the Protocol on the vote, and make extracts and copies.



(2) anyone who has an interest in or who has serious

the reasons, at the request of the President of the Senate shall allow a glimpse of a file and to

It has made extracts or copies thereof, unless it is a legal file

legislation provides that its contents must remain hidden.



(3) when allowing access to the files it is necessary to take such measures,

in order to maintain the secrecy of classified information is protected in a special

^ 56) by the law.



(4) paragraphs 1 to 3 shall apply mutatis mutandis for the playback,

provision of copies thereof or for other ways to capture content

of the Charter.



Delivery



§ 45



The methods of service



(1) a document served by the Court at the hearing or another Court Act.



(2) if service of a document pursuant to paragraph 1, delivers it to the Court

through the public data network to a data box ^ 58a). If it is not

can be effected via a public data network to the data

mailbox, the Court at the request of the addressee shall deliver to another address or to

an e-mail address.



(3) if it is not possible to deliver the document referred to in paragraph 2, the President of the Senate

orders to deliver it through the



and evidencing the authority of, or)



(b)) or his representative of a party.



§ 45a



cancelled



section 45b



cancelled



section 45 c



cancelled



§ 45 d



cancelled



section 45e



cancelled



§ 50F



cancelled



§ 46



Address for service through the public data network



(1) the address for service by public data network is

data mailbox address registered under a special legal

prescription ^ 58a).



(2) through a public data network, the Court delivers to the electronic

the address that the addressee has told the Court, if the Court of service

in this way, the documents requested or agreed with it and

If an accredited certification service provider said,

that issued the certificate and its qualified leads to its register, or

submit your valid qualified certificate.



section 46a



Address for service



(1) shall be served on the addressee at the address for service, you can also

delivered at any other point on which will be reached.



(2) if the addressee so requests, the Court delivers to another address or

the e-mail address, which he said, if the law does not exclude or

the nature of things, especially if it can help speed up the proceedings. This address

the management of the address for service.



(3) the addressee is in the proceedings of the Court shall without undue delay inform

changes to any of the facts relevant to the service referred to in paragraph 2,

These changes are effective against the Court, once it has been notified to the addressee.



§ 46b



The address for service by delivering to the authority of a participant

proceedings or its representative



If the addressee did not indicate on your submission or other Act taken to court

address of the location in the Czech Republic, to which he is or may be

the document is delivered to the address for service of the document

delivered by means of evidencing the authority of a party or

his representative



and for natural persons) address registered in the information system records

of the population to which the documents are to be delivered to her ^ 58b); If it is not

such registered address, address of residence, led by by

special legal regulation ^ 58c) or the address of the place of stay of the alien in the

the territory of the Czech Republic according to the type of stay of foreigners



(b)) for the entrepreneurial natural persons registered address or address of the representative for

delivery stipulated in the contract, in dispute of this agreement; If the business

race (hereinafter referred to as "the race") of the natural person, organizational unit and address

headquarters organizational folder



(c)) for natural persons in prison or in custody address

the prison, which carries a punishment or binding,



d) for natural persons in facilities for the performance of protective measures

security detention, institutional or protective education address of this

the device,



(e)) in the legal entity registered address recorded in the register, or

address of agent for service of process referred to in the Treaty, in this

of the Treaty; If the legal person has an organizational folder and registered address

organizational folder



(f)) for the address of the registered office, lawyers



(g)) in their address of the notary, notaries,



(h)) at the address of their Office of bailiffs,



I) for patent attorneys address of the registered office or place of residence registered in

Chamber of patent attorneys,



(j)) at the address of the registered office of insolvency administrators registered in the list of

insolvency administrators,



to the State headquarters) in the relevant organizational units of the State, in the case of

The Office of the Government representation in property Affairs address of its

the relevant territorial departments,



l) for the Prosecutor's Office the address of its registered office,



m) at the administrative offices of the registered office address,



n) for municipalities and higher territorial self-governing units, the municipal headquarters

the Office and the address of the seat of the regional authority or municipality of the capital city

Prague.



section 46 c



The representative for service of documents



(1) If a party or its representative can serve documents without

difficulties or delays, President of the Chamber, without delay, will prompt him to

slated for service of documents; This does not apply in cases where the

a party or representative is in prison, in

custody or in facilities for the performance of protective security measures

detention, constitutional or protective care when the party to the proceedings, or

the representative shall enjoy diplomatic privileges and immunities, it is the apartment of the person who

shall enjoy diplomatic privileges and immunities, or is to be delivered in the building

or a room protected by diplomatic immunity, or where a participant

proceedings or the representative is a soldier in active service, National Police

The Czech Republic, a member of the fire brigade of the United

the Republic or a member of the prison service and judicial guard, which

cannot be delivered otherwise than through the regional military

Headquarters, Ministry of the Interior or the Ministry of Justice.



(2) If a participant Chooses or its representative within the period prescribed

the representative for service of documents or, if not possible or this

the representatives without difficulty and delays to deliver, deliver the documents to them

saving for the delivering of the Court. The participant or his representative shall

be in the invitation referred to in paragraph 1.



(3), who has been in the protection from domestic violence

shall be prohibited in the apartment or elsewhere, which could be

delivered (section 46a, paragraph 1, and 2), the Court in the enforcement

prompts you to, if it is not possible to deliver through the public data

network to a data box, the Court said the address to which it will be possible to

for the duration of the measures serve documents (§ 46 and article 46a, paragraph 1),

or to choose the representative for service of documents. Does not comply with the

the challenge of delivering the document by saving it to him in court; about this effect

in the invitation must be advised.



(4) a document which has been deposited with the Court in accordance with paragraphs 2 and 3 shall be

deemed date of imposition.



§ 47



Delivery via a public data network



(1) for service through the public data network to the data

the Clipboard is followed by a special legal regulation ^ 58a).



(2) the service of a document pursuant to § 46 para. 2 the Court shall invite addressee,

to confirm the delivery to the Court within three days of sending the document data

message signed by his recognized electronic signature.



(3) delivery via a public data network for electronic

the address is ineffective if the document is sent to the email

the address of the Court returned as undeliverable or if the addressee within 3 days

by sending the document confirmed its receipt of a data message to the Court

in accordance with paragraph 2.



Section 47a



cancelled



§ 48



Service by delivering to the authority



(1) the Doručujícími authorities are



and) the Court messengers,




(b)) the authorities of the judicial guard,



(c)) the Court executors,



d) postal operators.



(2) the Doručujícími authorities are also



and) the prison service of the Czech Republic, in the case of delivery to individuals

in prison or in custody,



(b) institutional) equipment or protective custody, if the

delivery to individuals located in these facilities,



(c)) the Institute for performance security detention, in the case of physical delivery

persons located in this facility,



(d) the regional military headquarters) in the case of soldiers in active service

the service and it is not possible to deliver the document otherwise,



e) Ministry of the Interior, in the case of service of members of the police of the Czech

Republic and the document is not meant to be delivered differently,



f) Ministry of Justice (hereinafter referred to as "the Ministry"), in the case of

the delivery of physical persons enjoying diplomatic privileges and immunities,

or to persons who are in the apartment who enjoys diplomatic privileges and

immunity, or to the persons to whom it is to be served in a building or in the

room protected by diplomatic immunity.



(3) by means of postal operators can be used to document

deliver only if by postal contract closed ^ 58d)

postal operators the obligation to deliver a shipment containing

the document in a manner that is prescribed for the service of documents in this

by law.



(4) if Delivered by postal services,

copies of decisions and other court documents in paper form can

be prepared with the concurrence of the operator; details

such a procedure, lays down the detailed legislation.



§ 48a



cancelled



§ 48b



cancelled



section 48 c



cancelled



§ 48 d



cancelled



§ 48e



cancelled



section 48f



cancelled



section 48 g



cancelled



§ 48 h



cancelled



§ 48i



cancelled



the title launched



§ 49



Service of documents into your own hands



(1) into your own hands with the addressee, where so provided by the

the law or the Court so orders.



(2) if the body effecting failed to reach the addressee, the document saves

and the addressee will leave a written request in an appropriate manner, in order to get the document

pick up. If you cannot leave a challenge at the place of delivery, returns, serving the

the document transmitting authority of the Court and shall indicate, in that day was not the addressee of the

having been reached. Sending the Court be posted on the official Board call for pickup

documents in court.



(3) a document is saved



and in the establishment of) a postal service provider, if the document is

delivered through a



(b)) at the Court, to whom the document was returned because of an inability to leave a

the challenge,



(c)) in other cases in the District Court in whose area is the place

delivery.



(4) Collect the addressee within 10 days from the date on which the

She was ready to pick up, the document shall be considered as the last day of this

time limits to be delivered, even if the addressee of the deposit. Serving the

authority after the expiry of this period the postman service within the House or

other addressee used mailbox, unless the Court, even without the proposal excludes

the insertion of the document to the Clipboard. If there is no such mailbox, the document is

Returns to the transmitting to the Court and posted about it on the official notice board

the Court.



(5) in the case of documents, where provided for by law, or where so ordered

President of the Chamber, the delivery is excluded pursuant to paragraph 4. Serving the

authority in this case, the document returns to the transmitting of the Court after a futile

period of 10 days from the date when it is ready for pickup.



(6) service of a document through the public data network is considered to be

for delivery to the addressee.



(7) if the body effecting the recipient died, document returns

message sending to the Court.



§ 50



The delivery of other documents



(1) if the body effecting failed to reach the addressee, dump in the document

to the House or other addressee of the used Clipboard; the document shall be deemed to

delivered by dropping to the Clipboard, inserting a date indicate that delivers

authority on the acknowledgement of receipt and on the document.



(2) if it cannot be delivered to the referred to in paragraph 1, the body effecting the document returns

the sending of the Court and at the point of delivery of this fact leaves

written notice. Sending the Court delivers the document by posting on the official

Board of the Court; the document shall be deemed to have been delivered on the tenth day after

off-hook. The same happens if you cannot leave at the place of delivery

the notification; § 49 paragraph 1. 7 shall apply mutatis mutandis.



the title launched



§ 50a



Recipients of documents



(1) natural persons are entitled to receive the document of the person that the

the addressee authorized on the basis of a written power of attorney granted before

the provider of postal services.



(2) the persons referred to in section 46b (b). (e)), k), m) and (n)) shall be entitled to

the document taken by persons referred to in § 21-21b, or another person,

they have been entrusted with, which have been mandated to do so, or where it is

because of their work or other similar relationship to the addressee

the usual.



(3) for the entrepreneurial natural person shall be entitled to accept a document

persons who have been authorised to do so, or in which it is due to their

work or other similar relationship to the addressee.



(4) the document to the lawyer, a notary, bailiff and

Patent Attorney for them can receive persons who were

empowered, or their employees. If these persons are exercising their

working together with other people, they can accept it and such other persons

and their employees.



(5) the document to the lawyer, who performs legal profession as a business partner

a commercial company may for him to accept the statutory authority, other

the shareholders of this company or its employees and persons to

have been mandated. If an attorney practicing law in employment to

another lawyer or to the company, the document for it to take

his employer, its employees and the persons empowered for that purpose.



section 50b



The service representatives of the participant



(1) If a party Has a representative, delivers only the representatives, unless the

the law provides otherwise.



(2) If a party Has a representative with full power, the President shall order the

service of the document to the Senate (electronic document) this only

representatives, unless the law provides otherwise.



(3) If a participant is Granted power of attorney only for specific tasks, it shall

the President of the Senate of the service of the document (electronic document) only

its representatives, only if the power of attorney to do it explicitly authorizes,

unless the law provides otherwise.



(4) a document shall be served on a party, also



and if you want) the participant personally attend or another act of the Court

or if something else in the proceedings in person,



(b)) If a participant is represented by a legal representative under paragraph 23,



c) in the case of service of the order of the provisions of a guardian under section 29;

resolution on provisions of a party whose guardian stay is not known,

a party which has failed to deliver on a known address in a foreign country,

the unknown heirs of the testator, if it is not yet in the probate proceedings

determined by the range of his heirs, and the legal person as a participant

the proceedings could not act before the Court, therefore, that there is not a person entitled to

for her act, or that it is debatable who is the person authorized to act for her,

However, delivers only the other parties and nominated

guardian and be posted on the official notice board of the Court,



(d) If a party) was appointed guardian because of other

health reasons than for disability mental disorder not only after

transitional period to take part in the proceedings, or that it is not able to present clear

Express,



(e)), the Court so decides.



§ 50 c



Refusal to accept a document



(1) if the addressee or recipient of the documents delivered

the document, the document shall be deemed to be delivered on the date of adoption of the

the writ was denied; must be the addressee or recipient

the document advised.



(2) the addressee or beneficiary is obliged to challenge the documents evidencing the

authority to establish their identity or to provide any other assistance

necessary for the proper service of the document. If the addressee refuses or

the recipient of the document the procedure according to the first sentence, the document under the

to have been delivered on the date when the proof of identity or provide synergy

It was rejected; must be the addressee or recipient of the document advised.



(3) an indication referred to in paragraphs 1 and 2 shall be granted orally in delivery or

in writing; written communication shall be sent to the recipient. Unless it can be written

the lessons can pass to the recipient is to leave a house in the adresátově or other

It used the mailbox or at another suitable place.



§ 50 d



The inefficiency of delivery



(1) at the request of the party sending the Court decides that the delivery is

ineffective if the participant or his representative could not excusable

because with the documents. The proposal must be made within 15 days from the date of

When he became acquainted with the documents delivered or could meet. In the draft

must be in addition to the General requirements (section 42 (4)), the date when the

the participant with the delivered documents met or could meet, and

designation of evidence, which is to be the timeliness and soundness of the proposal demonstrated.



(2) Omluvitelným the reason referred to in paragraph 1 cannot be the fact that

a natural person at the address for service is permanently absent, the fact that


in the case of entrepreneurial natural persons and legal persons in the address for

No one delay delivery.



(3) if the Court has decided that the document has been served is ineffective, it is considered

the document is to be delivered on the day of the decision about the ineffectiveness.



the title launched



§ 50e



Service by a party or his representative



(1) at the request of the interested party or his representative, the Court may entrust the

the delivery of a document into your own hands, or other documents.

The credential is not a judicial decision.



(2) the person in charge referred to in paragraph 1 shall transmit to the addressee on the

address for service, or anywhere it finds. The addressee is required to

confirm the receipt of the writ; the confirmation shall contain the indications

to be served, that was inserted into the envelope, the date of delivery and

the signature of the addressee. The document shall be deemed to have been delivered on the date specified in the

proof of delivery.



(3) if the addressee refuses to accept the document or to the participant or

its representatives fail to effect service, returns the participant or his

the representative of the document without delay to the Court.



§ 50f



Licence delivery



(1) if the Court Delivers a document at the hearing or other court

the Act, which shall be recorded in the log, it shall be indicated in the minutes of the hearing, or

in the log, which was drawn up by another Court Act. In the Protocol shall

In addition to the other requirements (§ 40 paragraph 6) shall indicate the document was

delivered. The Protocol signed by the also the one who made the delivery, and the recipient.



(2) if the document is delivered via a public data network on

the electronic address is proved by the addressee, a data message

signed his recognized electronic signature, which confirmed

the adoption of the document.



(3) if the Court delivers the document in the Act, which does not purchase

the Protocol, or by means of evidencing the authority shall mark the delivery

documents on the packing slip. Delivery report is a public document. If it is not

to the contrary, shall be deemed the information shown on the return receipt as true.



(4) in the case of service by the participant or his representative's ID card

the delivery of a receipt dated and signed by the recipient.



(5) If you cannot demonstrate any delivery of the ways referred to in paragraphs

1 to 4 can be demonstrated also in another way.



§ 50 g



A confirmation of receipt



(1) a confirmation of receipt shall contain



and the designation of the Court), which document forward to delivery,



(b) the designation of the delivering of the authority)



(c) the designation of the document to be served),



(d) the indication of the addressee and address) to which it is to be served,



e) statement evidencing the authority of that day was not the addressee of the

in the event, in which day the document was delivered to the addressee or to a recipient in the

that day the document was ready to be picked up, in that day was

receipt of the writ is denied or has not been granted the necessary synergy

for the proper service of a document,



f) hour and minute delivery, if the indicated note "the exact time

delivery ",



(g)) name and surname of the postman, his signature and official stamp

evidencing the authority,



h) name and surname of the person who has taken over or that the document receipt

documents or did not deny the assistance needed to

the proper service of a document, if these data doručujícímu authority

unknown, an indication of its relationship to the addressee, if the document adopted

the addressee, and its signature



I) indication whether is ruled out inserting the document to the Clipboard.



(2) if the document is saved, the confirmation of receipt must also contain an indication of the

whether the recipient is left behind to pick up the document's.



(3) will pick up if the addressee or recipient, stored document must

used, also include



and) name and surname of the person who forwarded the document to his signature and the imprint of the

official stamp evidencing the authority,



(b) the delivering of the authority) issued a statement in which day the document was

picked up,



c) hour and minute delivery, if the indicated note "the exact time

delivery ",



(d)) first and last name of the person who saved the document and its

signature.



(4) if the addressee has refused, or the recipient of the document, accept or

It did not provide the assistance necessary for the proper service of a document, you must

delivery report also contain an indication of whether it was granted or

a letter about the consequences of refusal to accept the document or

failure to provide synergy, and whether, or what was the refusal of acceptance

the document is justified or what non-cooperation.



(5) if the delivered writ pursuant to § 50, and if the document has not been

delivered to the recipient, or the recipient must used, in addition to requirements

referred to in paragraph 1 contain



and evidencing the authority) statement about which day the document was

into the House or other addressee mailbox, the used



(b)) hour and minute delivery, if the indicated note "the exact time

delivery ",



(c) name and surname of Courier), his signature and official stamp

evidencing the authority.



(6) if the recipient's signature to confirm delivery of the document,

receipt acknowledgement of receipt by the recipient in addition to courier

also other suitable natural person.



§ 50 h



Challenge



(1) a challenge pursuant to § 49 paragraph 1. 2 shall contain the indications



and the Court that the document) forward to delivery,



(b)) to be served, that was inserted into the envelope,



(c)), the addressee and the address to which the documents should be delivered with envelope



d evidencing authority)



e) name and surname of the deliverer and his signature.



(2) if it is not ruled out replacement service of a document, it shall also be

included lessons about the consequences if the document will not be picked up.



(3) the body effecting in the invitation shall indicate, with whom, where, and in which the day was

document ready for pick-up and by when, and at what time the recipient's

pick up a document.



§ 50i



Notification



Notice pursuant to § 50 para. 2 shall contain the indications



and the Court that the document) forward to delivery,



(b)) to be served,



(c)), the addressee and the address to which the documents should be delivered with envelope



d evidencing authority)



e) a statement that the document has been returned to the sending of the Court,



(f)) name and surname of the deliverer and his signature.



§ 50j



Delivery abroad



(1) delivery to a foreign country shall be treated in accordance with international agreements

or by directly applicable legislation of the European communities

governing the service of judicial and extrajudicial documents ^ 58e) or

under special legislation ^ 58f).



(2) if it is delivered to a foreign country, and it is impossible to determine the date of service

the document, however, from the content of the Charter, or other Act of the addressee

It is clear that the document was delivered to him, the document

was delivered on the day when the Court was sending such

the Charter, or when he was at the Court made such an act.



§ 50 k



Publication of notices



The obligation to disclose to the Court decree or otherwise, certain data,

provided for in the Act, is met by posting them in the commercial bulletin,

It does not limit to the law on the publication of data on the court notice board;

This does not affect the obligation of publication of legal information in print

or other appropriate means.



§ 50 l



Posting on the official Board



(1) if provided for in the law that a decision or other document to be

posted on the official notice board of the Court, the 10th day after the date of posting

have been delivered to the participants, who are not known to the Court, whose stay is not

I know that failed to deliver on a known address in a foreign country, or

the unknown heirs of the testator, if it is not yet in the probate proceedings

determined by the range of his heirs, or the legal entity that as a participant

the proceedings could not act before the Court, therefore, that there is not a person entitled to

for her act, or that it is debatable who is the person authorized to act for her,

and representatives or guardians of participants, whose stay is not known or

that failed to deliver on a known address in a foreign country, where appropriate

other individuals, of which it shall lay down the law.



(2) if provided for in the law, that on the court notice board to be posted up challenge

or, remove the prompt communication or communication after the expiry of 30 days from the date of

off-hook.



(3) the contents of the official Board Court exposes the way allowing remote

access.



The summons and the showing of



§ 51



(1) a summons is happening in paper or in electronic form and

in urgent cases, by telephone or by fax. You can also call

orally at the hearing or other Act Court in which the defendant is

present.



(2) if required by law or a special law for the summons

other issues the summons must contain, in which matter is

who is summoned to appear, the subject and the place of the Act the court time of the commencement of the Act,

the reason for the summons, the obligation to act when and where appropriate, i.e.

the anticipated duration of the Act.



§ 52



(1) if the defendant fails to appear at the hearing without apology or to

experts, the President of the Chamber to give a show, if the options

demonstration of the summoned. A demonstration of the resolution which decides

the předvolanému delivers in the demonstration.



(2) the Court shall ask the Police for a demonstration of the Czech Republic; in the case of

the minor, the Court shall request the police of the Czech Republic for a demonstration only


then, if you cannot demonstrate to ensure otherwise. For a demonstration of soldiers in Active

the service and members of the armed forces will ask the Court of their Commander,

where appropriate, the competent institution.



(3) the costs shall be borne by the person who hits is displayed. The resolution on the

President of the Chamber shall decide on the proposal for a guy who hits them.



Law enforcement measures



§ 53



(1) a person who rudely makes it more difficult to control, in particular by not calling

without good reason or disobeying a court or who

cancels the order, or who has made the submission or grossly offensive did not meet the

the obligations referred to in § 294, 295 and 320ab, the President of the Chamber store

resolution of the riot a fine up to $ 50,000.



(2) the stored fined may President of the Chamber, and even

After the trial, pardon, if justified by the subsequent behavior of the

one was saved.



(3) a fine fall State. For the recovery of the fine

apply the procedure provided for by the tax regulations.



§ 54



Whoever grossly cancels the order, the President of the Senate from the place where the

It is. If it is reported by the participant, may be treated later in his

the absence.



Time limits



section 55



Unless otherwise provided by this law the period for the implementation of the Act, it shall designate, if it is

It should be, the President of the Senate. A time limit which the Chairman may declare the Senate

whether or not to extend it.



§ 56



(1) a period of not running to the one who has lost the capacity to be a party to the proceedings

or capacity to act before the Court, or in which it was decided that

must be represented by their legal representative (§ 23).



(2) as soon as in this case, the control will enter another participant, legal

representative or guardian of the participant, starting a new period since the

the time when they entered into the control.



§ 57



(1) within the time limit does not count the day on which the facts occurred

to specify the beginning of the period; This does not apply in the case of the time limit specified by the hour.



(2) a period expressed in weeks, months or years end of

the day, which is marked as the day when the fact

to specify the beginning of the period, and if it is not in the month, the last day of the month.

If the end of the period falls on a Saturday, Sunday or public holiday, the last

day of the period closest to the following working day. The deadline specified by the hour

expires within hours, which is the same as the hour when

There was the fact that specifies the beginning of the period.



(3) the time limit is maintained, if the last day of the period performed in court

or the submission is handed over to the authority which has a duty to deliver.



§ 58



(1) the Court waives a deadline, if the participant or his representative

It missed the with for good reason, and was therefore excluded from the Act, which

It is for him. The proposal must be made within 15 days after the disappearance of obstacles

and the need to combine with him and overlooked.



(2) the Court may on the application of the participant to grant suspensive effect to design

was excused.



PART TWO



The activities of the Court before the proceedings



the title launched



the title launched



§ 59



cancelled



section 60



cancelled



§ 61



cancelled



the title launched



§ 62



cancelled



§ 63



cancelled



§ 64



cancelled



the title launched



§ 65



cancelled



§ 66



cancelled



Head first



Interim management



Conciliation procedure



§ 67



(1) if permitted by the nature of things, can be designed in any court,

that would be factually competent either to decide things, to carry out an attempt to

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

approval. If the jurisdiction was a county court may make

the conciliation procedure and the approval of the settlement and any District Court.



(2) the Court shall decide whether to approve the agreement reached by mediation

law on mediation, no later than 30 days from the commencement of the conciliation.



§ 68



(1) the conciliation proceedings in matters in which it is carried out and decided upon by the Senate, the

the President of the Senate.



(2) the synergies or the presence of participants cannot be in any way

enforce.



§ 69



The purpose of the conciliation procedure is the conclusion of a settlement. The provisions of § 99 also applies to

This settlement.



the title launched



section 70



cancelled



§ 71



cancelled



§ 72



cancelled



the title launched



section 73



cancelled



The head of the second



Interim measures and securing evidence



Interim measures



§ 74



(1) before the start of proceedings may order the provisional President of the Senate

measures, if necessary, to provisionally ratios were modified to the participants, or

If there is a concern that the execution of the Court decision was threatened.



(2) the parties are the applicant and those who would, if they were

It was the thing itself.



(3) the competent to the Court for an interim measure, that is

competent for the proceedings, unless the law provides otherwise.



§ 75



(1) the presiding judge shall order the interim measures on the proposal.



(2) the application for interim measures pursuant to § 76 shall, in addition

General requirements (section 42 (4)) contain the name, surname and

residence of participants (business name or the name and address of the legal person,

indication of the State and the relevant organizational units of the State, which stand before the

the Court acts), or their representatives, of the facts

that it is necessary that the participants were provisionally revised ratios, or that

There is a concern that the execution of the Court decision has been threatened, presentation

the facts which justify the interim measure, and it must be

the helmet out of a provisional measure, the appellant seeks; in matters of

concerning the relations between business resulting from business

the proposal must also include the activities of the identification number of the person (hereinafter referred to as

"identification number") of a legal person, the identification number of the physical

a person who is an entrepreneur, or any other particulars needed to

the identification of the parties to the proceedings.



(3) the applicant shall attach to the draft of the Charter, to which the

She alleges.



§ 75a



Application for interim measures, that does not contain all the elements or

that is incomprehensible or vague, President of the Chamber,

If you cannot continue for these shortcomings in the proceedings; the provisions of § 43

shall not apply.



§ 75b



(1) in order to ensure compensation for damage or other injury arising

a provisional measure, the applicant is required to pass no later than

the same day it filed to the Court, an interim measure

security in the amount of $ 10,000, and in matters relating to the relationship between

businesses resulting from business activities in the amount of $ 50,000.

If the President of the Chamber, concluded that the guarantee clearly

It is not sufficient to ensure compensation for damage or other injury arising

a provisional measure, it shall invite the applicant to promptly within 3 days

He composed a supplement security at a level to be determined by taking into account the

circumstances of the case. If the proposal submitted for interim measures more

the appellants are required to supplement the security assurance and fold together and

severally liable.



(2) if the security referred to in paragraph 1 consists, Chairman of the Senate proposal

for interim measures.



(3) paragraphs 1 and 2 shall not apply,



and in the case of) interim measures in case of maintenance;



(b)) in the case of interim measures in a case of work;



c) in the case of interim measures for compensation for injury to health;



(d) if the applicant shall certify) together with a proposal for an interim

the measures that are the conditions for exemption from court

fees (section 138);



(e)) where there is risk of default, which could

the claimant arise proposer injury, together with a proposal for a regulation of the

the provisional measures shall certify that security without their guilt could not pass.



(4) if the proposal for an interim measure by a final resolution

Court of first instance dismissed, if the proposal was finally rejected by the

or if the proceedings on this proposal finally stopped, the Court compound

confidence returns. In the case that the Court ordered interim measures, it will

the security shall be returned if the vain expiry of the period to the application pursuant to section 77a

paragraph. 2 or has the decision of the Court of

Filed under § 77a paragraph 1. 2 and from this it is apparent that the security

will not be used to satisfy the right to damages or other injury.



§ 75 c a



(1) where a Warrant pursuant to section 75a or pursuant to section 75b para. 2, the President of the

the Chamber shall order preliminary measures resolution, if it is established that

It is necessary that the participants were provisionally revised ratios, or that there is a

the fear that execution of the Court decision has been threatened, and if they are

at least certified facts that are crucial to save the

the obligations of the provisional measure.



(2) on an application for interim measures, the President of the Senate shall decide

without delay. If the risk of default, the President of the Chamber of

application for interim measures until the expiry of 7 days after

has been filed.



(3) on an application for interim measures, the President of the Senate shall decide

without hearing the parties.



(4) for interim measures is crucial to the State at the time of its publication in the

(the release of) order of the Court of first instance.



§ 76



(1) Provisional measures may be imposed to a party, in particular,



and paid maintenance in necessary);




(b)) has provided at least part of the work rewards, if the duration of the work

ratio and the appellant does not work on serious grounds;



(c)), he composed the sum or thing into custody in court;



(d)) does not manipulate material things or rights;



e) do something, abstain or something.



(2) a provisional measure to impose an obligation to someone other than the

a party only if it can be fair to claim it.



(3) the President of the Senate when the interim measure saves

the applicant, within a period to be determined by him, handed to the Court on the

the initiation of proceedings. It may also provide that the provisional measures it will take to

only after a specified period of time.



section 76a



cancelled



§ 76b



cancelled



§ 76 c



(1) if required by the circumstances of the case or if there is danger of

delay, President of the Senate resolution on interim measures pursuant to § 76 of

decided without delay, immediately announce a party, which stores the

obligation, if necessary by someone other than a party, if it was him

a provisional measure ordered to; shows where this is necessary,

accede to the publication of the resolution on the ground.



(2) a copy of the resolution, which has been ordered by the interim measure, it is

participants must, where appropriate, their representatives and those for whom it was

a provisional measure ordered to, send, within 3 days from the date of

the publication of the order or, if it has not been published, within 3 days from the date of

its release. Other participants other than the applicant, together with the copies of the

the resolution also delivers to the application for interim measures.



(3) a copy of the resolution, which has been ordered by the interim measure, which

It was not a party to a certain immovable things, it is

need to be submitted within the time limit referred to in paragraph 2 to the competent also to the cadastral

the Office; This does not apply in the case of immovable thing, which is not subject to

registration in the land registry.



§ 76 d



The resolution, which has been ordered by the interim measure shall be enforceable

the announcement. Unless the notice is enforceable as soon as it was

delivered, to whom an obligation.



§ 76e



(1) Opinion of an enforceable resolution on interim measures is

binding only for the parties and for those which have been preliminary

measures imposed obligation, unless the law provides otherwise.



(2) the extent to which the statement of an enforceable resolution on regulation

the preliminary measures binding on the parties and, where appropriate, for other

a person, whether or not it is binding for all authorities.



§ 76f



(1) the legal acts which have been made by, for which the operative part

an enforceable resolution on interim measures is binding on

void if it has been infringed the obligation imposed enforceable

the resolution on interim arrangements. The Court of invalidity shall take into account

even without the proposal.



(2) If a party to a provisional measure does not manipulate material

a specific immovable things, ceases to be the proposal to deposit law relating to this

immovable property, for which the competent authority has not yet been definitively

decided its legal effects; This is true even if the participant

has made legal proceedings relating to immovable property before the resolution

about the interim measure became enforceable.



§ 76g



If the proposal was an interim measure is refused or rejected

or if the proceedings on the application shall be served on the resolution stopped just

to the applicant. A copy of the resolution must be sent to the applicant,

or its representatives, within 3 days from the date of publication or release

the resolution.



§ 76h



Until the last effects of interim measures, the President of the Chamber may invite the

the petitioner to the composition of the balance of the Security (§ 75b, paragraph 1, second sentence)

a period of 3 days; It will do so only on the proposal of who was the preliminary

measures to.



§ 77



(1) interim measures shall lapse if



the appellant did not file) within the statutory time limit, or within the time limit specified by the Court

proceedings;



(b)) was not complied with on the merits of the proposal;



(c)) was granted on the merits of the proposal and the fifteen days of the

enforceability of a judgment on the matter;



d) elapsed time during which specified should take.



(2) the President of the Senate interim measures if the reasons,

for which it was ordered. The injunction also cancels the President of the Senate

If the applicant fails within the prescribed period the balance

certainty.



§ 77a



(1) ceases to be cleared or ordered interim measures of

other reason than because of the proposal on the merits was granted, or

Therefore, that the right of the applicant was satisfied, the petitioner is required to

compensate for the damage and injury to anyone to whom a provisional measure was established.

This liability, the appellant cannot exempt, unless the damage

or other injury occurred otherwise.



(2) an action for damages or other injury referred to in paragraph 1 shall be

submitted no later than 6 months from the date on which the interim measure has been terminated

or when it was finally canceled, otherwise the right shall lapse. By default this

the period cannot be waived.



(3) the competent to hear the action referred to in paragraph 2 and the decision on

It is the Court that gave the judgment at first instance for interim relief.



(4) Been awarded damages or other injury will satisfy the

the security lodged by the applicant; If the security is not sufficient to meet the

all of the victims, court splits sure among them fairly. The obligation to

the claimant to compensate for damage or injury that was not assured

curly confidence is not affected.



The securing of evidence



§ 78



(1) before the commencement of proceedings on the merits can be on a proposal to provide evidence

If there is a concern that later it will not be possible at all, or only with

great difficulty.



(2) to secure evidence with the Court that would be competent to

proceedings or the Court in whose district is affected the probative

resource.



(3) securing evidence, the President of the Senate in the manner prescribed for the

the evidence on that point. If the risk of default, the participants in the

the substance of the right to be present for the securing of evidence.



§ 78a



Proof may be provided also the institution of notary or exekutorským

as a result of the storyline or the status of things, if the factual plot in

the presence of a notary or bailiff or if the notary or

the bailiff proved the State of things.



Ensure the subject means of proof in matters relating to the rights of

intellectual property



§ 78b



(1) in matters relating to intellectual property rights can be

the commencement of proceedings on the merits of the proposal who proved infringement of rights

of intellectual property rights, with a view to the taking of evidence (§ 130 (1))

to ensure the



and, where appropriate, reasonable) item, a sample of the goods whose production could be

intellectual property right has been infringed,



(b)) material and tools that have been used for the manufacture or distribution of

the goods referred to in point (a)),



c) documents relating to the goods referred to in point (a)).



(2) the guarantee referred to in paragraph 1 shall be permissible only if no goods,

material, instruments or documents subject to the securing of evidence under section 78

or, where applicable, if you use 78a, such evidence was not

can affect all the circumstances relevant to the substance of the decision.



§ 78c



(1) to ensure the subject evidence is competent regional

the Court, in whose district is provided by the subject of the means of proof.



(2) the parties are the applicant, those who would, if they were

It was the thing itself, and the one who has provided the subject of means of proof

to each other.



§ 78d



(1) the presiding judge may, if circumstances so require, save the applicant

the obligation to lodge a security in order to ensure compensation for damage or other injury,

that provision would subject means of proof. The level of security

President of the Senate shall lay down taking account of the circumstances of the case, a maximum of

However, in the amount of 100 000 €. The security thus determined shall be payable within 8 days from the

notification of the decision on the establishment of a guarantee to the applicant. If the proposal is submitted

more plaintiffs are required to lodge the deposit jointly and severally.



(2) if the security referred to in paragraph 1 consists in a timely manner, President of Chamber

an application to secure evidence item refuses; default judgment

the time limits referred to in paragraph 1 may not be waived.



(3) If an application to secure evidence subject to a final

denied or rejected, or if the procedure on this proposal

finally stopped, the Court, composed of certainty returns. In the event that the Court

ordered to ensure the subject evidence, the security shall be returned

If you provide evidence of the subject has been terminated under section 78f

paragraph. 1 (b). and) if the action has expired in vain according to § 78 g

paragraph. 2 or, if determined by the decision on the application

pursuant to section 78 g of paragraph 1. 2 and from this it is apparent that the security will not be

used to satisfy the right to damages or other injury.



§ 78 c



(1) if the President of the Senate had not proceeded according to § 78d para. 2 and when they are

met the prerequisites provided in § 78b, President of the Chamber shall order by order

ensure the subject means of proof.



(2) on an application to secure evidence of the subject of the Court decides


without hearing the parties. To ensure the subject evidence is

critical status at the time of its publication (release) the decision of the Court of first

the degree.



(3) in its resolution on regulation to ensure the subject means of proof

the President of the Senate to the claimant within a period which it shall determine,

in a court action.



(4) the subject of means of proof, of which it was decided to

referred to in paragraph 1 shall be lodged with the Court or at a suitable depository; This,

who has a subject in itself and refuses to pass it voluntarily, the Court

removed, and immediately after he will be delivered a copy of the copy of the

a resolution on regulation to ensure the subject means of proof.



§ 78f



(1) ensuring the subject means of proof shall be extinguished if



and) the petitioner did not file a claim within the time specified by the Court,



(b)) in the proceedings on the merits was carried out an inspection of the seized evidence

the subject of means of proof,



(c)) the proceedings on the merits were completed without it

carried out an inspection of the safeguarded evidence means of proof.



(2) the President of the Senate to ensure the means of proof by order item

cancelled if the reasons for which it was ordered.



(3) after the collateral ceases to exist or what it will finally canceled, returns

the subject of the means of proof to the person who submitted it to the Court or to

the Court was removed.



§ 78 g



(1) ceases to provide the subject of means of proof under § 78f

paragraph. 1 (b). and) or unless the application on the merits has become final

decision or in part upheld, without the right of the claimant was even

only partly satisfied, the applicant is obliged to compensate the damage and another

injury to anyone who, by ensuring the subject means of proof.

This liability, the appellant cannot exempt, unless the damage

or other injury occurred otherwise.



(2) an action for damages or other injury referred to in paragraph 1 shall be

submitted no later than 6 months from the date on which the securing of the subject of the burden of

the resource has been terminated under section 78f para. 1 (b). and it was about) or when the application

on the substance of a final decision, otherwise the right shall lapse. By default this

the period cannot be waived.



(3) the competent to hear the action referred to in paragraph 2 and the decision on

the Court referred to in paragraph 78c paragraph. 1.



(4) Been awarded damages or other injury will satisfy the

the security lodged by the applicant; It is not sufficient to satisfy all

damaged, split the Court security among them fairly. The obligation to

the claimant to compensate for damage or injury that was not assured

curly confidence is not affected.



PART THREE



Proceedings at first instance



Head first



Conduct of the procedure



Initiation of proceedings



§ 79



(1) proceedings are initiated upon the proposal. The petition must, in addition to General requirements

(article 42, paragraph 4) contain the name, surname, place of residence of the participants, where appropriate,

social security numbers or identification numbers of participants (business name or

the name and address of the legal entity identification number, indication of the State and

the relevant organizational units of the State, for the State before the Court of

He performs), where appropriate, their representatives, to portray the crucial

the facts indicate the evidence which the claimant, and shall be

It does appear, what the appellant seeks. In cases in which the

by the trustee, the proposal must also include a

indicate that this is a trustee, and the indication of the trust

the Fund. This proposal, if a bilateral legal relations between the

the plaintiff and the defendants (§ 90) is called an action.



(2) the applicant is obliged to attach documentary evidence of design in which the

she pleads, in paper or in electronic form.



(3) an action (petition) the Court shall deliver to the other participants

into their own hands. The plaintiff (appellant) may understand the defendant's

(the other parties) with the contents of the proposal by next to a copy of the

Action (proposal) mentioning the Court itself sends him another copy.



§ 80



Determine whether the legal relationship or the right or not, it can be an action

Sue only if on an urgent legal interest.



§ 81



cancelled



§ 82



(1) the proceeding is initiated on the day when he reached the Court on its launch.

If the document instituting the proceedings is made through the public data

network and electronic applications intended for submission of such a proposal, the

the procedure is initiated at the moment when the proposal is available information

system designated for the receipt of such a submission.



(2) Prevent the court proceedings in the other authority is the management of the

the Court commenced on the date when the matter has passed to the Court.



(3) If a claim Rejected (petition) the Court which decides

by a special Act ^ 96) administrative justice system, because it was a

the thing which courts hear and decide in civil proceedings,

and she went to court to the civil court proceedings into one

months from the final resolution of the claim (proceedings) in this

things that are true about her management is initiated in court on the day when the Court reached

the rejected claim (proceedings).



section 83



(1) initiation of proceedings precludes the same case was in the courts for another

control.



(2) the initiation of proceedings



and) on the infringement or the removal of a defective condition

in matters of protection of the rights of broken or at risk of unfair competition

the negotiations,



(b)) on the infringement in matters of protection of the rights

consumers,



(c)) in cases of compensation or the amount of consideration under the law to call

the takeover bids or in matters of consideration in a review of purchase

of securities,



(d) other matters laid down) in the special legislation,



also, to prevent against the same defendant was in court for more

control the actions of other prosecutors requesting for the same Act or

the State of the same claims.



The local jurisdiction



§ 84



To control the competent General Court of the party against which the proposal is directed

(the defendant), unless specified otherwise.



§ 85



(1) unless the law provides otherwise, it is the ordinary court of a natural person, the district

the Court, in whose district he resides and does not have a place of residence, the District Court in

whose district he resides. If a natural person resident in more places,

the ordinary court of all the district courts, in which they live

with the intention of residing there permanently.



(2) the ordinary court of a natural person is an entrepreneur, it is in matters of

arising from the business activities of the District Court in whose district has

registered office; does not have a registered office, its a General Court referred to in paragraph 1.



(3) the ordinary court of a legal person is the District Court in whose district has

registered office.



(4) the ordinary court of the insolvency administrator in the exercise of its function is

the District Court in whose area it is situated.



(5) the State Court is the District Court in whose area it is situated

the branch of the State competent by virtue of special legislation,

and if you cannot follow these steps to determine the Court of jurisdiction, the Court in whose district the

There was the fact that bases entitlement.



(6) the General Court is the District Court in whose district has its own territory.



(7) the ordinary court of higher territorial self-governing unit is the District Court

the area in which its institutions are located.



§ 85a



If the proceedings at first instance jurisdiction the County Court and the local

jurisdiction is governed by the General civil jurisdiction of the participant, is the locally competent

the regional court in whose area is the General Court of the party.



§ 86



(1) if the defendant is a citizen of the United States, does not have a General

the Court or does not have a General Court in the Czech Republic, the Court, in

the area had in the Czech Republic the last known place of residence.



(2) against a person who does not have any other competent court in the Czech Republic, the

eligible property rights in court, in whose district has assets.



(3) against the foreign person can institute proceedings (proceedings)

even with the Court in whose area it is located in the Czech Republic of its race or

the branch of her race.



§ 87



In addition to the ordinary court of the defendant, or next to the Court referred to in §

85A, jurisdiction is also the Court in whose district the



and the defendant has its permanent) workplace;



(b)) occurred, which establishes the right to compensation for injury;



(c)) is located the branch plant natural or legal persons,

that is the defendant, if the dispute relates to this folder;



(d)) is a person who organizes, operates a regulated market or

the multilateral trading system, in the case of a dispute of trade



1. on her organized regulated market, or for the settlement of this

trade, or



2. in the multilateral trading system operated by it, or from the settlement

This trade,



(e)) is a payment instead, if applicable the law of bills of Exchange, cheques or other

the securities;



(f) the commodity exchange) is, in the case of a dispute of trade on commodity

the stock exchange.



§ 88



Instead of the General Court, where appropriate, instead of the Court indicated in § 85a, is to

management of the competent court,



and deciding on divorce), in the case of settlement of the spouses after divorce

Parties of their common property or other property or of the cancellation

the joint tenancy,




(b)) in whose area immovable thing is where the control rights to it,

If there is no jurisdiction under (a)),



c) which is the management of the inheritance, if the resolution of the dispute in

connection with the management of the estate,



(d)) which is the procedure for úschovách, if it is a decision that one who

the release said the subject of custody to the applicant shall be obliged to agree with him,



(e)) for which the enforcement is carried out, with respect to the exclusion of things from

enforcement of a decision or ruling of authenticity of, group, or

ranking of claims entered for timesheet



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

If a race condition on the defendant's side of this unit,



(g)) in which the proceedings are pending, in the case of an action pursuant to section 91a,



h) in whose district the auction was made, if it is a matter of public auction

According to the law on public auctions,



I) that is the ordinary court of the plaintiff, as regards the protection of tenure rights to

things, unless this thing thing is immovable.



§ 89



The Court that is competent for the proceedings for certain things, it is appropriate to

proceedings on matters related and on reciprocal proposals to the defendant, with the

the exception of the matters referred to in section 88.



§ 89a



Parties to the proceedings in matters relating to the relationship between entrepreneurs

arising from business activities may agree in writing to the

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

exclusive jurisdiction.



The participants in the



§ 90



The parties are the applicant and the defendant.



§ 91



(1) if the claimants or the defendants in one thing, it is in the management of

every one of them for himself.



(2) However, if it comes to such common rights or obligations that

judgment must apply to all participants, who act on the one

hand, the acts of one of them and for others. To change the design, to the

his back, to the recognition of the claim and to conclude a settlement, however, should be

the consent of all the participants, who act on one side.



§ 91a



Who claim all or part of the thing or right which

proceedings are pending between other parties may, until the final end of the

this proceeding to take legal action against these participants.



§ 92



(1) on a proposal from the Prosecutor, the Court may admit to stepped up

Another participant. The consent of the person who has the control to enter is

must, if it is to act on the part of the plaintiff.



(2) on the proposal of the applicant, the Court may, with the consent of the defendant to admit to

the plaintiff or the defendant out of control got out and entered in its place

someone else. If it is to be changed to that of the applicant, it is necessary to

He agreed and the one who has to take his place.



(3) the provisions of paragraphs 1 and 2 shall not apply in the cases referred to in §

107a.



§ 93



(1) as an intervener may, in addition to the plaintiff or defendant,

participate in the management of the person who has a legal interest in its outcome.



(2) the control will enter either on his own initiative or at the invitation of one of the

participants made through the Court. On the admissibility of intervention

the sympathy of the Court decides only on the design.



(3) the intervener in the proceedings has the same rights and obligations as

participant. It is, however, only for himself. If his acts are contrary to the

capacity of the participant in the proceeding, the Court shall examine the supports after

consideration of all the circumstances.



§ 94



cancelled



Acts of the participants on the merits



§ 95



(1) the plaintiff (appellant) may, in proceedings with the consent of the Court to change the design

at the initiation of the proceeding. The amended proposal it is necessary to other participants to deliver

into their own hands, if they were not present at the hearing, in which the change

has occurred.



(2) the Court shall not allow a design change, if the results of the earlier

the proceedings could not be the basis for proceeding on the revised proposal. In such a

the case continues in court proceedings about the original design to final

the resolution.



§ 96



(1) the plaintiff (appellant) may take the control back a proposal for its

begin, in part or completely.



(2) if the motion Is withdrawn, court proceedings, or to the extent of completely

discontinuance, it stops. If the document instituting the proceedings taken back to

After that, the Court has already ruled on the matter, but the decision is not yet in the legal

power, the Court decides on the extent of the withdrawal proposal also on the abolition of

decision.



(3) if the other participants by withdrawing the application for serious reasons

does not agree, the Court decides that discontinuance is not effective. If it has not been

have not yet decided on the matter, continues to court after the final resolution in the

control.



(4) the provisions of paragraph 3 shall not apply if the withdrawal of a proposal before the

before the hearing began.



(5) if proceedings taken back up after the decision to

the case has already been determined, the Court decides that the discontinuance is not

effective.



§ 97



(1) the defendant may exercise their rights in proceedings against the applicant and

mutual design.



(2) the Court may exclude Mutual proposal to separate proceedings, if

There were conditions for joinder.



(3) on the mutual design shall apply mutatis mutandis to the provisions of the proposal on the

initiation of the procedure, its change and undo.



§ 98



Mutual design is also a manifestation of the defendant against the applicant which applies

his claim for set-off, but only if it proposes to

attributed more than what has been exercised by the plaintiff. Otherwise, the Court shall examine such

only as a defense against the proposal.



§ 99



(1) if permitted by the nature of things, the participants may end up driving by the

an amicable settlement. Court seeks a settlement between the parties; When you try to reconcile President

the Senate, in particular, will discuss the matter with the parties, shall draw on the legislation, and

the opinions of the Supreme Court and the decision published in the collection of

judicial decisions and opinions on things, and depending on the circumstances

case they will recommend an amicable resolution of the dispute options. If it is with

due to the nature of the case, the Chairman of the Board should notify the participants of the

also on the possibility of using mediation in accordance with the law on mediation or

social counselling according to the law on social services.



(2) the Court shall decide whether to approve the settlement; does not approve it, if in the

contrary to the law. In this case, the Court of law can

resolution to resume proceedings.



(3) an approved settlement has the effects of a final judgment. By judgment of may, however,

the Court cancel the resolution on approval of the settlement is a settlement in accordance with the substantive law

invalid. The proposal may be filed within three years from the legal force of the resolution on the

approval of the settlement.



Conduct of the procedure



§ 100



(1) when the proceedings are opened, it is the Court, even without the other

proposals so that the matter was discussed and resolved as quickly as possible. In doing so,

It seeks in particular to ensure that the dispute was resolved amicably.



(2) where it is efficient and appropriate to, the President of the Chamber, the parties

order the first meeting by a registered mediator (hereinafter referred to as "mediator") in

between 3 hours and stay the proceedings, but no longer than for a period of 3 months. If

the participants without undue delay cannot agree on a mediator, the person

select it from the list maintained by the Department of the President of the Senate. After

the expiry of 3 months by a court in the procedure continues. The first meeting, you cannot order the

for the duration of the provisional measures in matters of protection against domestic

violence.



(3) in proceedings to which the participant is a minor child who is capable of

to articulate their views, the Court shall proceed to his point of view has been detected

in the case. The view of a minor child, the Court finds the child's hearing. View

of the child, the Court may in exceptional cases, to determine whether or not through the

his representative, the expert's report or the competent authority

the socio-legal protection of children. Hearing of the child, the Court may do this even without

the presence of other people, if it can be expected that their presence

could affect the child in a way that did not express their true opinion;

the presence of a child who is not a trustee of his legal representative, and the

whose participation in the hearing of a child so requests, the Court may exclude only if

his presence being undermined the purpose of the hearing. The view of the child, the Court shall take into account with

taking into account his age and intellectual maturity.



§ 101



(1) in order to achieve the purpose of the procedure, participants are required to

in particular, the



and all) to claim for significant facts;

in the absence of any necessary claim (claim proposal to begin

control) or a written statement to it, indicating it is in the course of the proceedings,



(b)) perform the duty of proof (article 120, paragraph 1) and other procedural obligations

assigned to them by law or by the Court,



(c)) to follow instructions of the Court.



(2) unless otherwise provided by law, the Court continues proceedings, even if they are

inactive participants.



(3) does not appear to properly summoned to a hearing participant and on time

asked from the important reason for adjournment, the court case and

to decide, in the absence of such a participant; based on the contents of

the file and from the evidence taken.



(4) if the Court asks the participant to comment about a particular design that is

touching the procedure and conduct of the procedure, can join clause that fails to

the participant within a certain period, it will assume that it has no objection.



§ 102



(1) if necessary after the proceedings were provisionally adjust the proportions of participants

or if it is after the proceedings concern that enforcement proceedings


then the issued could be at risk, the Court may order interim

measures.



(2) following the initiation of the proceeding, the Court may, without an application to provide evidence, if

the fear that it will not be possible at all, or only with great

difficulties.



(3) in matters specific to the Chamber shall order the interim measures or

ensure that proof of the Senate; the President of the Senate can do so only if there is

risk of default. The provisions of § 75, 75a, 75b, 75 c a, 76, 76 c, 76 d,

76e, 76f, 76g, § 77 para. 1 (b). b) to (d)), § 77 para. 2, § 77a and section 78

paragraph. 3 shall apply mutatis mutandis.



(4) following the initiation of the proceeding, the Court may, on a proposal to provide the subject of the burden of

resource in disputes relating to intellectual property rights;

the provisions of § 78b para. 1, § 78d, § 78 c of paragraph 1. 1, 2 and 4, § 78f para. 1

(a). (b)), and (c)), § 78f para. 2 and 3 and article 78 g applies here mutatis mutandis.



Examination of the conditions of the proceedings



§ 103



At any time in the proceedings, the Court shall take into account whether the conditions are met, for

may be decided on the merits (the conditions).



§ 104



(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

claim (application to start proceedings) remains preserved.



(2) in the case of lack of control, which can be removed, the

the Court to take appropriate measures. While as a general rule, the proceedings may continue

but it shall not decide on the merits of the case. Fails-if the lack of conditions

delete, management control stops.



Section 104a



(1) the Court examine the jurisdiction at any time.



(2) If a district or regional court considered that there is no substantive jurisdiction,

refer the matter with news of his superior, the High Court

If in his opinion the matter belongs to the substantive jurisdiction of the district,

provincial or superior courts, or courts set up to deal with

and deciding things of a certain type, or the Supreme Court, if the case

in his opinion, belong to the substantive jurisdiction of the Supreme Court.

Parties to the proceedings have the right to that process and the Court permitted

reasons for comment. The High Court (Supreme Court) then decides which courts

are to hear and determine a matter in the first instance, if it is not

substantive jurisdiction itself.



(3) if the proceedings in the High Court, and if that is not

substantive jurisdiction, the High Court decides that the courts are to consider and

the decision of the matter in the first instance. This does not apply if the

the High Court concluded that the thing belongs to the substantive jurisdiction of the Supreme

the Court; in this case, the case with news of the Supreme

the Court. Parties to the proceedings have the right to question the substantive jurisdiction

Express.



(4) if the proceedings in the Supreme Court, or where the matter has

The Supreme Court submitted to the High Court, the Supreme Court decides,

which courts have jurisdiction to hear and determine a matter in the first

instance, if it is not itself a jurisdiction.



(5) Similarly, in accordance with paragraphs 2 to 4 shall be treated, says a lack of

substantive jurisdiction of the court party.



(6) in the resolution by which it was decided that the discussion and the decision of the case

they are responsible in the first instance, the courts, other than in respect of which the proceedings have been

initiated, the Court shall also indicate to whom the case is referred to the next

the proceedings; the provisions of § 105 shall remain unaffected.



(7) the resolution of the high or Supreme Court on substantive jurisdiction are

the parties and the courts be bound by.



(8) the provisions of paragraphs 2 and 6 shall not apply where the matter belongs within the material

jurisdiction of the Court, which decides in accordance with a special law ^ 96) things

administrative justice.



section 104b



(1) where the matter Belongs within the material jurisdiction of the Court, which decides in accordance with

a special law ^ 96) case, the Court of administrative justice steering stops. In

resolution on the termination of the proceeding must be the claimant also advised

the possibility to bring an action against a decision of an administrative authority in the administrative

the judiciary.



(2) the provisions of paragraph 1 shall not apply where the appellant is claiming under the

a special law ^ 96) protection against the inactivity of the Executive authority,

authority of a territorial self-governing unit, as well as legal persons (physical)

or other authority, which was entrusted with making decisions on the rights and

obligations of natural and legal persons in the field of public administration,

protection against unlawful intervention, instructing or forcing the authority can

Executive authority of a territorial self-governing unit, as well as the legal

(physical) person or other body, which was entrusted with making decisions about

rights and obligations of natural and legal persons in the field of public

the Administration, in the case of political parties and political movements, or

decisions on competence the application. In those cases, the Court said that

not having substantive jurisdiction and decide the referral to the competent

the Court, in the case of administrative justice. The legal effects of the United

with the filing of the application instituting the proceedings are preserved.



(3) if it is between a specialized Senate District Court established under the

a special law ^ 96) for discussion and decision of Administrative Affairs

the judiciary and the other by the Senate of the same district court questioned whether it is a matter

administrative justice, under a special Act 97; ^)

the provisions of paragraphs 1 and 2 shall not apply.



(4) the parties to the proceedings have the right to question the substantive jurisdiction of the

paragraph 1 or 2, or to the procedure under paragraph 3.



section 104 c



(1) where the matter Belongs within the material jurisdiction of the Court, which decides in accordance with

a special law ^ 96) administrative judiciary does pursuant to §

104B (1), if the Court, which decides in accordance with a special law ^ 96) things

administrative justice in the same case, a final decision refusing

the proposal, saying that it was a thing that the courts hear and decide in

Code of civil procedure.



(2) the Court in the case referred to in paragraph 1, propose to the Senate established under

a special law, ^ 97) to decide this dispute about jurisdiction.



§ 105



(1) the jurisdiction of the Court examine only the completion of the preparatory meeting

pursuant to section 114c. This did not make the preparation of meetings, the Court examine the local

jurisdiction just before it begins to act on the merits, or decided to-

If the substance of the case without a hearing, just before the release of the decision; This does not apply,

in the case of an order for payment, the electronic payment order or the European

order for payment. Later, the Court examines not only the

preparation of the negotiations carried out under paragraph 114c, and only on the objection of the participant,

that was applied during the first Act, which it is for the party. When

examination of the jurisdiction shall not be considered for the preparation of the hearing, the hearing

and other operations carried out before a court and the jurisdiction, in substance, to

a decision issued by the jurisdiction by the Court in substance.



(2) if the Court does not have jurisdiction, it shall refer the matter to the law can

This resolution to the competent court or under the terms of section 11 (1) 3

shall submit to the Supreme Court.



(3) if the Court to which the case was referred to, with the assignment, the

submit it to decide if the question of jurisdiction was not already

decided by the Court of appeal, the superior court; by decision of the

This Court is bound by the Court, and that matter.



(4) If a party to proceedings has lapsed in a timely and reasonable to the lack of local

jurisdiction, the Court shall proceed mutatis mutandis in accordance with paragraphs 2 and 3; otherwise,

opposition rejects the resolution.



Section 106



(1) when the Court of the defendant's plea put forward by the first time

its action on the merits finds that the matter should be referred to in the Treaty participants

discussed in the proceedings before the arbitrator or the Arbitration Commission of the League, it cannot

further discuss the management stops; However, if the matter will discuss

the participants declare that the Treaty shall not last or that do not last for

hearing of the case before the Arbitration Commission of the League. The Court will discuss the matter even if the

If it finds that the matter cannot be under the law of the United States

subject to the arbitration agreement, or that the arbitration agreement is invalid,

where appropriate, that does not exist at all, or that its consideration in the proceedings before the

arbitrator exceeds that granted them by the Treaty, or that the

the 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 a proceeding before the arbitrator or the Arbitration Commission

the League, remain the legal effects of the original proposal are retained, if

proceedings before the arbitrator or the Arbitration Commission of the League

filed within 30 days of receiving the court order terminating the proceedings.



(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 on the merits.



Obstacles to the progress of the procedure



§ 107



(1) If a participant loses eligibility after the proceedings be

party to the proceedings before the procedure was finally completed, will assess the

the Court depending on the nature of things, whether in proceedings can continue. If it is not possible in the


the management immediately continue, the Court shall stay the proceedings. About who will be in

the proceedings were resumed, the Court decides to order.



(2) loses the capacity to be a party to the proceedings is a natural person and

If the nature of the case continue in the proceedings, are procedural,

unless the law provides otherwise, those who entered the rights or obligations,

at stake in the proceedings.



(3) loses the capacity to be a party to the proceedings the legal person and

If the nature of the case continue in the proceedings, are the procedural

the successor, unless the law provides otherwise, after the demise of the legal

the person entered into its rights and obligations, or the ones who after

disappearance of a legal person took over the rights and obligations at stake in the proceedings.



(4) a person who comes to the management of the place of the incumbent party,

must accept the case, which is here at the time of his accession to the proceedings.



(5) where the nature of the case to continue proceedings, court proceedings stopped.



section 107a



(1) if the applicant considered that after the proceedings there was a legal

the fact that legislation linking the transfer or gradient right

or obligations of a party in the proceedings which it may, before

the Court shall decide on the matter, suggesting that the purchaser of rights or obligations,

or the one who took over the ownership of the asset performance, for which the

proceedings, entered the proceedings on instead of hitherto participant; It

does not apply in the cases referred to in § 107.



(2) the Court of the draft resolution, if it is established that after the start of

There was a legal fact management referred to in paragraph 1, and if the

agree to the one who has to enter the place of the applicant; the consent of the defendant or the

Whoever has come in his place, is not required. Legal effects

associated with the filing of an application are maintained.



(3) the provisions of § 107 para. 4 shall apply mutatis mutandis.



section 108



cancelled



section 109



(1) the Court shall stay the proceedings if the



and) participant lost capacity to act before the Court and is not represented by

a representative with full power;



(b)) decision depends on the question, which is not in this proceeding shall be entitled to

to deal with;



(c)) concluded that the law, which has to be when discussing or

deciding things used or its individual provisions is contrary

with the constitutional order and handed it to the Constitutional Court for annulment

This law or its individual provisions;



(d)), decided to request the Court of Justice of the European communities of the decision

preliminary ruling. ^ 62d AC adapter)



(2) if the Court does not make suitable alternative arrangements, may stay the proceedings,

If



and the participant cannot) participate in for a more permanent barrier in nature

or because it is unknown;



(b) the legal representative of a party) has died or has lost the capacity to act

before the Court;



(c)), in which proceedings are pending is solved a question that may be relevant for the

decision of the Court, or if the Court gave impetus to such proceedings.



§ 110



If the participants consistently suggest, or if does not appear without

previous apologies to the meeting or if at least one of the participants

propose and the other does not appear without previous apologies to the hearing, the Court

proceedings, if the purpose of the proceedings aren't.



§ 111



(1) if the control is broken, no negotiations and does not run period

under this Act. If the control continues, the time limits shall

run it again.



(2) if proceedings under section 109, the Court all

the necessary measures to remove the obstacles that caused the

interruption, or that the interruption continues. As soon as it becomes unnecessary obstacle, for

the proceedings, the proceedings continue without an application.



(3) if proceedings under section 110, the Court continues to

the proposal after 3 months. The Court may, on application, if it's serious

reasons, and in the case of its own motion, that it justified by the interests of a minor

of the child, to continue the proceedings even before this deadline. If the proposal is

the continuation of proceedings filed within 1 year, court proceedings stopped.



Joinder



§ 112



(1) in the interest of economy of proceedings the Court may connect to a common control

things that were with him started and the facts are related or

involve the same participants.



(2) If, in the application initiating proceedings listed things to

connection, or fall away if the reasons for which the Court

combined, the Court may exclude any thing to a separate proceeding.



§ 113



cancelled



§ 113a



cancelled



Preparation of negotiations



section 114



(1) following the initiation of the proceedings, the President of the Senate in particular examines whether the

the conditions of management and whether they have been deleted, any defects in the application

(application to start proceedings).



(2) if the Court Stops the proceedings because there's such a lack of conditions

the proceedings, which cannot be deleted (article 104 (1)), or that the lack of

Unable to delete the control conditions (article 104, paragraph 2), or

other reasons specified by law, ^ 63) or the refusal of the proposal (section 43

paragraph. 2), is the management of the completed.



section character



(1) if it has not been decided, pursuant to section 114 para. 2, President of the Chamber

so, in order to decide the matter generally when a single

the negotiations.



(2) to this end, the President of the Senate



and the defendant's, or other) participants who have not submitted a proposal to

the initiation of proceedings, invite to comment in writing on the matter and that the Court of

have submitted documentary evidence which they allege, unless such

the procedure appears to be having regard to the nature of things trembling;



(b)) the Parties notifies you of the possibility of using mediation in accordance with the law on

mediation or social counselling according to the law on social services,

If appropriate;



(c)) shall request a report on the facts that are relevant to the proceedings and

decision (article 128);



(d) to appoint an expert, they) subject to the conditions referred to in section 127;



e) shall ensure that it has been possible to perform the requisite evidence at the hearing, and

If appropriate, it may make the evidence through the requested

the Court;



(f)), the other appropriate measures.



Section 114b



(1) if required by the nature of the case or the circumstances of the case, as well as when

If it has been decided on the matter, the electronic payment order payment

command or the European order for payment, the President of the Senate instead of

challenges under section character paragraph. 2 (a). and it was not) or such a challenge properly and

granted, the defendant timely resolution save that in the case in writing

comment and that in the event that the claim put forward in the application, completely disowns in

expression of the decisive facts on diction, which puts its defense,

and the expression joined the documentary evidence, which relies on, or

called evidence to prove their claim; This does not apply in cases in which

Unable to conclude and approve a settlement (article 99, paragraphs 1 and 2).



(2) to submit observations in accordance with paragraph 1, the President of the Senate shall determine the period

which may not be less than 30 days after service of the order. If it was about the things

decided to order for payment, the electronic payment order or

European order for payment shall be determined by this period up to the date of expiry of the

to submit a statement of opposition, the electronic payment

warrant or to the European order for payment.



(3) the resolution referred to in paragraph 1 may not be issued or delivered after the preparatory

hearing pursuant to section 114c, or after the first hearing in the case.



(4) the resolution referred to in paragraph 1 shall be delivered to the defendant's own

the hands. Replacement delivery is excluded; This does not apply if,

through the public data network to the data box. The resolution shall not

be served on the respondent before the action.



(5) If a defendant without good reason to challenge Court under

paragraph 1 does not respond in a timely manner and within the prescribed period or the Court has failed to communicate what

serious reason prevents him, it is considered that the claim that it is against him

action, the presumption acknowledges; about this effect (section 153a (3)) must be

advised. This does not apply if they are satisfied the conditions for termination of the proceeding

or denial of the application.



§ 114c



Preparatory meetings



(1) if it is not possible to decide on the merits of the case without hearing, regulation

If it has not been or cannot be according to § character paragraph. 2 conduct

ready so that you can decide in a single case discussions, and

If the warrant pursuant to Section 114b, President of the Chamber, with the exception of disputes and

other legal cases in which such a procedure appears to be having regard to

circumstances of the case, order the trembling and carry out preparatory negotiations.



(2) the President of the Senate will summon the drafting negotiations, participants and their

the representative, where applicable, other persons whose presence is a must.

The summons to the drafting negotiations must be delivered into their own hands.

Replacement delivery is excluded; This does not apply if,

through the public data network to the data box.



(3) the President of the Senate, in particular, the preliminary hearing



and) in collaboration with parties to clarify whether the conditions are met, management

and, where appropriate, adopt measures to eliminate the observed lack of conditions

management,



(b)) shall invite the participants to complete their necessary log statements about

the facts relevant to the cause, and proposals to obtain evidence to their

the demonstration and to meet their additional procedural obligations, and provide


the attendees the necessary lessons; section 118a here shall apply mutatis mutandis,



c) attempts to resolve a friendly things (section 99),



(d) the parties may require) a first meeting with a mediator pursuant to section

100 paragraph 1. 2, if it is efficient and appropriate,



e) saves the parties further procedural obligations needed to

the purpose of the proceedings.



(4) the procedural obligations referred to in paragraph 3, the Parties shall meet the

the completion of the preparatory meetings. Important reasons the Court participants

provide, at the request of one of them a time limit to complete the claim of

the facts relevant to the cause, for proposals on the implementation of

evidence, or to fulfill other procedural obligations; This period shall not

be longer than 30 days.



(5) before the end of the preparatory negotiations, President of the Chamber shall instruct the present

participants about the fact that on the facts set out and the evidence indicated after

the end of the preliminary hearing, where appropriate, after expiry of the period referred to in

paragraph 4, second sentence, may be taken into account only under the conditions referred to in

§ 118b para. 1.



(6) If a defendant fails to appear for the hearing, although drafting was properly and

timely summoned at least 20 days in advance, and it was delivered to an action properly,

without timely and important reason, excused himself, has, with the exception of things

in which you cannot conclude and approve a settlement (article 99, paragraphs 1 and 2), considered that the

recognises the claim which is applied an action against him; about this effect

(section 153a (3)) must be instructed in the summons to the drafting negotiations. It

does not apply, the assumptions are fulfilled for the termination of the proceeding, or

denial of the claim.



(7) does not attend to the drafting negotiations, the applicant or other

the appellant, although he was duly and timely summoned at least 20 days in advance,

without timely and important reason to apologize, court stops; about

This effect must be instructed in the summons to the drafting negotiations.



The negotiations



section 115



(1) unless otherwise provided by law, order the President of the Chamber to hear the case

the same hearing, which summon the participants and all whose presence

is a must.



(2) the summons must be served on the participants so that you have enough time

to prepare, as a rule, at least 10 days prior to the date on which the meeting is to

take place if no preparatory hearing.



section 115 a



To discuss the merits of the case there is no need to order the hearing, if in the case

can be decided only on the basis of the documentary evidence submitted by the participants

and the rights of participants participation in the consideration of the case, where appropriate, with

by decision of the case without hearing regulation agrees.



§ 116



(1) the hearing is public.



(2) the public may be for the whole or part of the meeting excluded

If only the public discussion of the matter would jeopardize the secrecy of classified

information, protected by a special law, ^ 56) trade secrets,

an important interest of the participants or the morality.



(3) if the public was excluded, the Court may allow individual

natural persons, in order to be at the hearing or part of the present;

at the same time learn that they are required to maintain the confidentiality of all

at the hearing on classified information, trade secrets, or the interests of the

participants in the Act.



(4) Although the public has not been ruled out, the Court may deny access to

the hearing of minors and individuals for which there is a concern that they could

interfere with the progress of the negotiations. Reverend



section 116a



(1) the participant has the right to consultation during a meeting with a person he

under the civil code may help you decide (the proponent);

If such people more, the party chooses one of them. The provisions of §

23 this does not prejudice.



(2) if the will in the course of the proceedings the participant's own name of the proponent

an invalid legal act made by the participant, the Court supported the

This objection shall be taken into account in the proceedings.



§ 117



(1) the President of the Senate is launching, managing, and ends the negotiations, grants and withdraws

the word, the evidence, the appropriate measures to ensure that the

the purpose of the negotiations, and announce decisions. In doing so, ensure that the negotiations

conducted with dignity and unhindered and that the case could be fully, fairly and

be dealt with without delay.



(2) in matters pertaining to the Senate, individual tasks

taken with the consent of the President also members of the Senate.



(3) who on matters specific to the Senate disagrees with the measures of the President

the Senate, which has made at the hearing, may request to the Senate.



§ 118



(1) following the initiation of negotiations, President of the Chamber shall invite the plaintiff (appellant)

to present a claim (proceedings) or told of its contents,

and the defendant (the other parties) to present or communicate the contents of the

submitted written observations in case; Administration absent participants

reads or shall communicate their content to the President of the Senate. The defendant (other

the participant) that made written submissions, President of the Chamber shall invite,

in order to comment on the matter. If necessary, the President of the Chamber of the participant

also, to supplement their claims and to propose to prove their

claims evidence.



(2) after performing the acts referred to in paragraph 1, the President of the Chamber shall communicate the results

the preparation of the meeting and by the results of the proceedings, which shall be

legally significant factual claims of the participants can be considered equal,

that legally significant factual claims remained questionable and which have not yet

the proposed evidence will be made, where appropriate, that the evidence the Court performs,

even if it is the participants themselves.



(3) unless otherwise provided by law, the next course of conduct Chairman

the Senate according to the circumstances of the case.



section 118a



(1) If, in the course of the hearing that he did not talk all the participant

the operative or that is incompletely, Chairman of the Senate said it

invite to its allegations adds, and learn about what it has claim to supplement and

What would be the consequences of failure to meet this challenge.



(2) if the President of the Chamber considered that a thing is possible after legal page

judge otherwise than under the participant's legal opinion, invite the participant,

to the extent necessary to supplement the summary of the facts;

in doing so, shall proceed mutatis mutandis pursuant to paragraph 1.



(3) if the President of the Senate in the course of the negotiations, that the participant has not yet

not suggest the evidence needed to prove all their claims disputed

invite him to the evidence described, without undue delay, and instruct it to

about the consequences of failure to meet this challenge.



(4) at the hearing, the President of the Senate provides participants the lessons of

other of their procedural rights and obligations; This does not apply if the

participant is represented by a lawyer or a notary in the scale of its permissions

provided for by specific provisions. ^ 57)



section 118b



(1) in matters in which it has been carried out to prepare the hearing pursuant to section 114c,

participants can provide relevant facts about the merits of the case, and mark evidence

to demonstrate just the completion of preparatory negotiations, where appropriate, to

end of the period, that they were given to supplement the claims about

the facts relevant to the case, to submit proposals on the taking of evidence

or to fulfill other procedural obligations (section 114c (4)). If

preparation of the negotiations has been made under section 114c, the participants can indicate

the relevant facts about the merits of the case and the evidence to prove the mark

only until the end of the first Act, where appropriate, to the end of the period, which

was granted to the participants to supplement the claims about facts

relevant to the thing for proposals to obtain evidence or to meet

other procedural obligations. To later above, and

the evidence the Court may take into account identified, only if the facts or

the evidence, which is to be carried out by the credibility of evidence

resources that occurred after the preliminary, and it was not carried out, after

the first hearing or that the participant could not without their guilt in a timely manner to indicate

as well as to the facts or the evidence provided by the participants after the

one of them was called upon to supplement facts pursuant to §

118a of the paragraph. 1 to 3.



(2) if the authorized change action (section 95), there are the effects of under

paragraph 1 shall not affect. If the accession of another participant (§ 92

paragraph. 1) or exchange participant (§ 92 para. 2), occur in relation with

new participants of the effects referred to in paragraph 1, the end of the first meeting,

that was ordered after accession, or confusion of the participant and that is in the

things took place; participants must be instructed in the summons to this

the negotiations.



(3) the limits referred to in paragraphs 1 and 2 shall not apply in the event that the parties were not

properly instructed by the second sentence of paragraph 2 of part after the semicolon or

pursuant to section 114c paragraph. 5.



§ 118c



cancelled



§ 119



(1) the hearing may be adjourned only for important reasons, which must be

communicated to the. Unless the circumstances of the case, it shall notify the President of the Senate

adjournment of the meeting day, when another hearing will be held; the provisions of §

115 a applies here mutatis mutandis.



(2) to further the negotiations, participants must be summoned generally at least

five days in advance.



(3) if there has been a change in the cast of the Court, the President of the Senate at the beginning of

next meeting shall communicate the contents of the přednesů and the evidence taken.



section 119a



(1) before the end of the hearing, the President of the Senate shall be obliged to participants


present at the meeting that all the relevant facts must be noted

and that the evidence must be marked before it will announce the decision in the matter,

Since the later put forward the facts and evidence are the reason for the Appeal Board only

under the terms of section 205a. The provisions of § 118b, and § 175 paragraph. 4 part

the first sentence after the semicolon are not affected.



(2) if the parties even after the lessons under paragraph 1 a new fact

and the evidence submitted, if new facts and evidence were applied in

contrary to section 118b or § 175 paragraph. 4 part of the first sentence after the semicolon or

If the Court decided that the evidence does not, President of the Chamber

ask participants to summarize their suggestions and to comment on the taking of evidence

and to the factual and legal stuff.



The head of the second



The taking of evidence



Burden



§ 120



(1) participants are required to indicate the evidence to prove their claim.

The Court decides which of the proposed evidence.



(2) the Court may make other than the participants of the proposed evidence in cases

When they are necessary to establish the facts and resulting from the content of

the file. The participants highlighted the evidence needed to prove their claims,

based on the Court in determining the facts from the evidence, that were

performed.



(3) the Court may also take their findings of the same claim

participants.



§ 121



There is no need to prove the facts generally known or known to the Court from his

activities, as well as legal regulations published or notified in the collection

the laws of the United States.



The taking of evidence



§ 122



(1) the taking of evidence, the Court performs at the hearing.



(2) if appropriate, may be the evidence to another court or dožádán

President of the Chamber may perform on behalf of the Senate evidence outside the hearing,

or can be made using a proof of technical equipment for the transmission of

the picture and sound. Participants have the right to be present at the steps carried out by the

the taking of evidence. Its results should always be at the hearing.



(3) the Board may decide that the evidence was supplemented by or made

repeated in front of him.



§ 123



Participants have the right to respond to evidence and proposals relating to evidence,

that have been made.



§ 124



The taking of evidence should be carried out so that the entire obligation of

the confidentiality of classified information protected by a special law ^ 56)

and other statutory or State-recognized obligation of secrecy. In

these cases can be done only if the questioning of the examined

absolve the obligation of secrecy, the competent authority or a person in whose

interest has this obligation; It also applies, mutatis mutandis, where the proof is carried out

other than the interrogation.



Means of evidence



section 125



Evidence can serve all the means by which you can determine the State of things,

in particular, the examination of witnesses, expert opinion, message bodies,

natural and legal persons, notary or executor writes, and other

of the Charter, inspection and examination of the parties. If there is no method of execution

evidence is prescribed, the Court shall determine.



§ 126



(1) any natural person who is not a party to the proceedings, it is required to

the summons to court and give evidence as a witness. Must

denounce the truth and nothing to omit anything. Notice of termination may deny only

If she caused the danger of criminal prosecution themselves or persons

loved ones; on the merits test denied testimony by the Court.



(2) at the beginning of the hearing is to determine the identity of the witness and the circumstances

that may have an impact on its credibility. Next, you must instruct the witness to

the importance of the testimony, about his rights and obligations and of the criminal

the consequences of perjury.



(3) the President of the Chamber shall invite the witness to continuously portrayed everything he knows about

the subject of the hearing. Have the right to put questions to the Chairman of the Board, gradually

members of the Senate, participants and experts. Question asked by the participant or

Chairman of the Board will not allow an expert only if is not related to the subject

questioning or suggesting a response or if, in particular, by pretending to be

unsubstantiated or false facts, misleading; If the does not purchase

the testimony of the record, the President of the Chamber always reasons for log

that question was not allowed.



(4) a natural person who is the statutory body of the legal person (a member of the

This body), can be heard in proceedings to which this

legal person only in accordance with § 131.



§ 126a



(1) a natural person who is to testify about the circumstances relating to the

legal entity and occurring at a time when it was a statutory body

or a member of that body, is required to attend the summons to court

in a proceeding to which this legal person.



(2) the hearing of the natural persons referred to in paragraph 1 shall be made in accordance with § 131

paragraph. 2 the second sentence of paragraph 1 and article 131. 3.



§ 127



(1) if the decision Depends on the assessment of the facts to which it is necessary to

of expertise, the Court shall request the public authority support

the observations. If the complexity of the issues under consideration for such a procedure is not

sufficient or if there is doubt as to the correctness of the submitted by the professional

representation, the Court will appoint an expert. The Court shall hear the expert; experts can

also, save that the opinion has drawn up in writing. If it is determined to be in several

experts may submit a joint report. Place of the hearing of an expert may

the Court justified satisfied with written by an expert opinion.



(2) if there is doubt as to the correctness of the opinion or the opinion is unclear

or incomplete, it is necessary to ask the experts for clarification. If it does not lead to

the result, the Court allowed an expert to review the other expert.



(3) in exceptional, especially difficult cases requiring special

the scientific assessment, the Court may appoint to the submission of the expert's report

submitted by the expert opinion or review of State authority, a scientific Institute,

a college or institution specialised in expert activity.



(4) a participant, or someone else, the President of the Senate

Save to return to the experts, presented them with necessary items

handing him the necessary explanations, submit to a medical examination, or

blood test, or to do something or endured, if it is to

the submission of the expert's report should be.



(5) for the issue of professional observations referred to in paragraph 1 shall comprise the financial

payment, if provided for by a special regulation.



section 127a



If the expert opinion submitted by the party to the proceedings has all the

the law required the elements and contains a clause stating that the expert's

is aware of the consequences of a knowingly false expert opinion, proceed

in implementing this evidence as well, as if they were an expert

the opinion requested by the Court. The Court will allow experts to which one of the parties

asked for an expert opinion, look in the file or otherwise allow him

to get acquainted with the information needed for the preparation of the expert

opinion.



§ 128



Everyone is obliged to communicate to the Court free of charge on request facts

are relevant to the proceedings and decisions. The provisions of § 139 paragraph 2. 3 this is not

without prejudice to the. Refuse to court to disclose these facts, can only one who would

so he could make as a witness pursuant to § 126 paragraph. 1.



§ 129



(1) proof of the Charter shall be made so that it or its part in negotiations

President of the Chamber shall communicate its content reads it or, where appropriate, shall submit to the

participants to the consultation, if it is sufficient.



(2) the President of the Chamber may impose on a person who has the instrument needed to

the evidence that it presented, or affix itself from another court, the authority

or legal persons.



§ 130



(1) Inspection of the subject, that it is possible to return to the Court, when

the negotiations. To this end, the President of the Senate can save the person who has

required subject to it.



(2) otherwise the inspection carried out on the spot. It is necessary to have in you,

who shall be summoned to the hearing.



§ 131



(1) the Evidence of the witness, the Court may order the participants, if dokazovanou

the fact you cannot prove otherwise, and if the participant agrees

that has to be heard.



(2) if the court orders as evidence the hearing participants, the participants are required to

to appear for questioning. When your hearing to denounce truth and nothing

to omit anything; must be advised.



(3) the provisions of § 126 paragraph. 3 shall apply mutatis mutandis here.



Evaluation of evidence



§ 132



The Court shall assess the evidence according to their reasoning, every evidence individually and

all the evidence in their mutual context; carefully taken into account

to all that came out for the show management, including what according to participants.



§ 133



The fact that the presumption established in the Act, which permits the

evidence to the contrary, the Court considers, if prokázánu didn't come out to light otherwise.



section 133a



If the applicant shall indicate the facts before the Court, from which it can be inferred that the

on the part of the defendant there has been direct or indirect discrimination



and) based on sex, racial or ethnic origin, religion,

faith, belief, disability, age or sexual

orientation in the field of work or other dependent activities including access

to them, occupation, business or other self-employment

including access, membership in organizations of workers or

employers and membership and activities in professional chambers ^ 56b)




(b)) on the basis of racial or ethnic origin in the provision of health

and social care, in access to education and training, access to

public procurement, access to housing, membership subscriptions to associations and other

special interest associations and in the sale of goods in a shop, or the provision of

services ^ 56 c), or



(c)) on the basis of gender in access to goods and services ^ 56 d), the defendant is

required to prove that there was no breach of the principle of equal treatment.



section 133b



If need a reasonable sample of goods whose production may be infringed

the law of intellectual property, the findings of the inspection of the Court resulting

established against all the goods.



§ 134



Document issued by the courts of the Czech Republic or other State bodies in

the limits of their jurisdiction, as well as Charter, which are special

provisions declared public, confirm that it is a regulation, or

a declaration of the authority which issued the Charter, and is not contrary to, and

the veracity of what is in them attested or confirmed.



§ 135



(1) the Court is bound by decisions of the competent authorities to the effect that it was committed

offence, misdemeanour or administrative offence punishable under other

Special regulations, and who is a committed, as well as a personal decision

State; However, the Court is not bound by the decision in block management.



(2) otherwise the questions about which to decide any other authority, the Court may

assess yourself. However, if there was such a ruling issued by the competent authority

the Court decision from him.



§ 136



If the amount of the claims is only possible with nepoměrnými difficulty or cannot be

Figure at all, determined by the Court based its reasoning.



The head of the third



The costs of proceedings



Types of costs



§ 137



(1) the costs of proceedings are mainly cash outlays of participants and their

representatives, including the court fee, loss of earnings of participants and their

legal representatives, the costs of evidence, the interpreter will, substitute for value added tax

values, the reward for the representation and remuneration for the mediator in accordance with the law on

mediation for the first meeting with the mediator is ordered by a court pursuant to § 100 para.

2.



(2) the remuneration for the representation belongs to the costs, only if it is representative of the

a lawyer or notary in the scope of their permissions provided for special

^ Law 57) or patent attorney in the scope of approval

provided for by specific legislation ^ 57b).



(3) compensation for value added tax belongs to the cost control, only if it is

the representative of the



Attorney, notary) in the scope of their permissions provided for special

^ Law 57) or a patent attorney in the scope of their permissions

provided for by specific legislation ^ 57b), which is a VAT payer

the value added by a special legal regulation ^ 57 d),



(b)) a lawyer who is a member of a legal person established for the purpose of

practice under a special legal regulation ^ 57e), and the payer

value added tax according to a special legal regulation 57 d) ^ ^

legal person,



(c)) patent attorney in the scope of their permissions provided for special

^ law 57b), which is a partner, shareholder, employee

or a statutory or supervisory body of a company patent

^ 57f) representatives, and a payer of value added tax under the Special

^ Law 57 d) is the legal person,



(d)), a lawyer who is an employee of another lawyer or legal persons

established for the purpose of advocacy under a special legal

prescription ^ 57e), and a payer of value added tax under the Special

^ Law 57 d) is the employer of the lawyer.



§ 138



(1) On a proposal from the President of the Chamber may admit, in part, the liberation of the participant

from court fees, if justified by the circumstances of the parties and unless it is a

arbitrary or manifestly unsuccessful assertion or defence of a right; admit

participant exemption from court fees completely can only exceptionally,

they are therefore particularly serious reasons, and this decision must be

justified. Unless otherwise decided by the President of the Senate, otherwise, the exemption

the entire proceeding and has retroactive effect; fees paid before the

the decision on the exemption is, however, not be refunded.



(2) the exemption granted to the President of the Chamber shall withdraw at any time in the proceedings,

or even retroactively, if the final end of the

Management shows that the exemption did not justify a participant ratios, or

neodůvodňovaly.



(3) If a party exempt from court fees established

Representative, shall be covered by the exemption in the scope in which they were granted, and the

the representative's cash outlays and fee for representation.



§ 139



(1) Witnesses and individuals referred to in § 126a shall have the right to compensation

cash expenses and loss of earnings, (proportional). This right shall expire, unless

exercised within three days of the hearing or from the day when the witnesses

notified that the hearing does not occur. About the Court must witness and natural persons

referred to in § 126a to learn.



(2) If a filed expert evidence or made interpretation Act

the right to reimbursement of cash expenses and remuneration (payment and

interpreter will). Special provisions provide, to whom and in what amount the payment and

interpreter will be paid.



(3) a person to whom the court order the taking of evidence, in particular to a

submit the Charter, has the same rights as a witness, not a participant. Must

is to apply under the same conditions as a witness.



(4) concerning the rights referred to in paragraphs 1 to 3 shall be decided by the President of the Senate.



The payment of the costs



§ 140



(1) each participant pays the costs that arise for him personally, and

the costs of its representative. Common costs charged by the ratio of participants

participation and control; If the ratio of participation to determine

It is equally valid. Participant referred to in section 91 paragraph 2. 2 apply common

the costs jointly and severally.



(2) If a designated party representative or guardian, Attorney,

applies his cash outlays and fee for representation, or whether or not to pay

for value added tax, State; in determining refunds of cash expenses and

the rewards for the representation of the process according to the provisions of the special legal

Regulation on non-contractual remuneration ^ 64) and compensation for value added tax

the Court shall determine the remuneration and reimbursement of cash expenses pursuant to

the rates of value added tax provided for a special legal

Regulation of ^ 57 d). In justified cases, the State provides a lawyer

a reasonable advance.



(3) if ordered by a first meeting with a mediator pursuant to § 100 para. 2

or section 114c paragraph. 3 (b). (d)), the reward for the participant exempt

court fees State; in determining the remuneration for the representation procedure

under the provisions of special legislation and compensation for tax

the Court shall determine the value added of the remuneration at the rate of value added tax

established by special legislation ^ 57 d).



§ 141



(1) if the expected costs of evidence, that the participant suggested or that

He ordered the Court of the facts referred to by him or in his interest, stores

the President of the Senate of this party, if not freed from court

fees, before he passed to advance under the implied

the amount of costs, as proposed by the participant performed, evidence about

the participant must be advised.



(2) the costs of evidence, which is not covered by the advance, as well as cash outlays

designated representative who is not a lawyer, and the costs associated with

that the participant is in their native language or any of the talks

the communication of deaf and Deafblind people, paid by the State.



To pay the costs



§ 142



(1) a party who had a full success in the matter, the Court shall grant a refund

the cost needed to effective application of, or defence of a right against the

in the matter of a party that did not have success.



(2) If a participant in a matter of only a partial success, the Court will pay the costs of

quite divided, where applicable, said that none of the parties has

pay the costs of the right.



(3) even if the participant had only partial success in the matter, the Court

admit a full refund costs, if the failure in a fairly

small part or if the decision depended on the amount of transactions on the expert

opinion or at the discretion of the Court.



(4) in proceedings initiated at the suggestion of the Attorney or

the Prosecutor's Office in accordance with special regulations ^ 58) the Court shall grant the

the defendant, under the conditions referred to in paragraphs 1 to 3 of the compensation for such

costs against the State. This applies if the Commission, acting on a proposal from the

The Office of the Government representation in property Affairs in the cases and under the

the conditions referred to in section 35a.



section 142a



(1) the applicant, who had success in the fulfilment of the obligation has the right

the costs of the proceedings against the defendant only if the defendant in

a period of at least 7 days prior to the filing of the application instituting the proceedings posted on

address for service, or to the last known address of the call for

the performance.



(2) if there are reasons worthy of special consideration, the Court may, exceptionally,

pay the costs fully or in part the applicants admit, even if

that the plaintiff the defendant challenge to carry out, under the conditions referred to in paragraph 1

not sending.



§ 143



The defendant, who had no success in the case, has the right to compensation for expenses


proceedings against the applicants, if his behavior to submit facts

the document instituting the proceedings.



§ 144



cancelled



§ 145



A party to whom a court awards compensation for costs of the proceedings, and

the costs of interim measures and the preservation of evidence, and the evidence warrant

ensure the subject means of proof in matters relating to the rights of

intellectual property rights.



§ 146



(1) none of the parties has the right to reimbursement of the costs of the proceedings in his

the result, if the proceedings



and ended in an amicable settlement), if it was not for reimbursement of costs agreed something

another;



(b)) has been stopped.



(2) if one of the parties was that the proceedings had to be

stopped, is liable to pay the costs. If, however, was for the behavior

the defendant (other party) taken back the proposal, which was submitted to the

reasonably, is to bear the costs of the proceedings, the defendant (another participant

control).



(3) if the Court refuses an action or other proceedings is to

the applicant (the applicant) shall be obliged to replace the other participants in their

costs.



§ 147



(1) a party or his representative, the Court may impose, to pay the cost of

proceedings that otherwise would not have been incurred if it is caused by its

the fault or if these costs have arisen by chance that they

actually, I did.



(2) the Court may save witnesses, natural persons referred to in § 126a,

the experts, interpreters, or those who have had some in the taking of evidence

obligation if caused the costs that would otherwise be

incurred to replace them to the participants.



§ 148



(1) the State has provided the results of the proceedings against the right to compensation of participants

the costs, which are paid for, if they are not prerequisites for

exemption from court fees.



(2) the Court may save witnesses, natural persons referred to in § 126a,

the experts, interpreters, or those who have had some in the taking of evidence

the obligation to replace State costs that would not otherwise be

incurred if it is their fault.



(3) the claims of the State resulting from the right to the reimbursement of expenses

proceedings against the persons referred to in paragraphs 1 and 2 of the State paid

the costs, interest is charged.



(4) for the recovery of the claims referred to in paragraph 3 shall apply the procedure

established by the tax regulations.



§ 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.



(3) If a participant to whom was attributed to cost recovery

proceedings, other than a representative pursuant to § 137 para. 2, is the one which has been

ordered to pay these costs, shall be obliged to pay it to the participant.



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

in the scope of their permissions provided for by specific provisions ^ 57) or

patent attorney in the scope of approval laid down by a specific legislative

regulations ^ 57b).



§ 150



If there are reasons worthy of special consideration, or if a party refuses

without good reason to participate in the first meeting with the mediator is mandated

the Court, the Court may, exceptionally, to pay the costs in whole or in part,

admit it.



Decision on costs



§ 151



(1) on the obligation to pay the costs, the Court shall decide without the proposal in

the decision, which ends with him; for the costs referred to in

§ and § 148 paragraph 147. 2 can do so in the course of proceedings,

usually when these costs are incurred.



(2) when deciding on the reimbursement of costs of the proceedings, the Court shall determine the amount of remuneration for

representation by a lawyer or notary public within its permissions set

special legislation ^ 57) or a patent agent in the range

its permissions provided for by specific legislation ^ 57b) according to the

rates specified at a flat rate for the control in one instance a particular legal

Regulation; If it is, however, about the awarding of costs under section 147, §

paragraph 149. 2 or is warranted by the circumstances of the case, the procedure referred to in

the provisions of the special law on non-contractual remuneration ^ 64).

Compensation for value added tax, the Court shall determine the remuneration of the representation and of the

compensation at the rate of value added tax provided for a special legal

Regulation of ^ 57 d). Wage compensation (salary) and reimbursement of cash expenses, the Court

determined in accordance with the specific legislation. To pay for the reward of an expert,

who submitted the opinion pursuant to section 127a, the Court shall determine the rate of pay

established by special legislation. Otherwise, the Court is based on the cost,

that a party proven to have arisen.



(3) a party who is not represented in the proceedings by a representative pursuant to § 137

paragraph. 2 and that does not justify the amount of the cash expenses of his or her

a representative of the Court shall pay a flat-rate amount determined specific legal

provision. The flat-rate compensation includes cash outlays of the participant and his

representative; However, it does not include a refund of the fee.



(4) the costs that would otherwise have been incurred because it is caused

the parties, their representatives, their fault or if these

the costs incurred by the accident that happened to them, or because it is

doing this creates witnesses, persons referred to in § 126a, experts, interpreters, or those

who have had some obligation to the taking of evidence, cannot be replaced from

other than under section 147.



(5) determine the amount of the costs of the Chairman of the Senate in a written copy of the

decision.



(6) even though it was on costs decided to separate

by resolution, the time limit for the performance of all of the decision from which the

was to pay the costs awarded.



§ 151a



cancelled



Chapter four



The decision of the



The judgment of the



§ 152



(1) judgment of the Court on the merits. The Act provides for the Court

decides on the substance of the resolution.



(2) a judgment has to be decided about the entire case. If it

However, it is appropriate, the Court may decide, by judgment of first just about her

part or just on its base.



§ 153



(1) the Court shall decide, on the basis of the facts of the case.



(2) the Court may deviate from the proposals of the participants and attributed to something else or

more than what they only if from law

It follows the method of settlement of the relationship between the parties.



section 153a



(1) if the defendant during the court proceedings the claim or basis

a claim that is an action against him, the Court applied the judgment of

based on this recognition. If the defendant claims against him in an action

put forward only in part, the Court judgment pursuant to this recognition, just

If the applicant suggests.



(2) for the recognition of a judgment cannot be issued in cases which cannot be closed and

approve a settlement (article 99, paragraphs 1 and 2).



(3) the recognition of a judgment for the Court also has to consider that the

the defendant is entitled, that is an action applied against him, acknowledged (Section 114b

paragraph. 5 and § 114c para. 6).



(4) Only for the judgment for recognition may not be ordered to conduct.



section 153b



(1) if the defendant Misses, which have been duly delivered to his own

hands (§ 49) the application and the summons to a hearing at least ten days prior to the

the date on which the meeting is to take place, and that was about the consequences of failure

instructed, without reasonable and timely apology the first Act, which, in case

held, and will propose it to the applicant, who came to the meeting, by

the plaintiff claims contained in the application on the facts about

the dispute, for the undisputed and, on this basis, the Court may rule on the action

the judgment by default.



(2) if there is one thing a few of the defendants, who have such a common

obligations, that judgment must apply to all (article 91, paragraph 2),

You can decide by a judgment in absentia only if he fails to

hearing all the defendants duly obeslaní.



(3) a default judgment cannot be issued in cases which cannot be closed

and approve the settlement (article 99, paragraphs 1 and 2), or if there would be such a judgment

to develop, modify or terminate the legal relationship between the participants.



(4) if the defendant misses a omluvitelných reasons of the first Act, in the case

which was handed down the default judgment, upon the motion of the defendant

This judgment by order and order cancels the meeting. Such a proposal may

a participant may submit, no later than the date of the judgment by default.



(5) if the defendant in addition to the application for annulment of the judgment of the Court of first

the degree of the reasons referred to in paragraph 4 of the judgment appealed against the appeal and

application for annulment of the judgment was upheld by a final resolution, to

the appeal shall be disregarded.



§ 154



(1) the State is crucial for judgment at the time of its publication.



(2) in the case of repeated doses, can be stored duty and for the performance of benefits

that will become due in the future.



§ 155



(1) the content of the decision on the merits of the said Court in the operative part of the judgment. In

the operative part also decides on the obligation to pay the costs; If the decision

just on the basis of the costs shall be determined by the amount in a separate

the resolution.




(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 performance is based on the rule of) negotiations, in which is expressed in a foreign currency,

the plaintiff (petitioner) requires filling in a foreign currency and foreign exchange

^ Regulations 65) allow nationals, ^ 66) who has to perform, performance in the proposed

provide foreign currency without a special permit, or



(b)), one of the participants is cizozemcem. ^ 67)



(3) are not met the prerequisites for the granting of the transactions in foreign currency

referred to in paragraph 2, the Court determined the motion performance in the currency of the United

of the Republic.



(4) in matters of protection of the rights of broken or at risk of unfair competition

negotiations, protection of intellectual property rights, and in matters of protection of the rights

consumers may court participant, which upheld, admit to

his proposal in the operative part of the judgment the right to publish the judgment at the expense of

the unsuccessful tenderer; According to the circumstances of the case the Court shall determine whether or not a range,

form and manner of publication.



§ 156



(1) the judgment shall be delivered always publicly; It announces the President of the Chamber

on behalf of the Republic. The operative part of the judgment together outlining the grounds and

be informed of the appeal and the possibilities of enforcement. If not present

None of the judgment, stating the only opinion. After its publication in the

President of the Chamber shall invite the parties, as a rule, to express their views, whether

giving up the appeal against the announced the judgment.



(2) the judgment shall be delivered as a rule, immediately after the end of the hearing, that

the judgment was preceded by; If this is not possible, the Court judgment

odročí meeting for a maximum period of ten calendar days. The provisions of §

paragraph 119. 2 and 3 shall not apply in this case.



(3) when the Court will announce the verdict, it is bound to.



§ 157



(1) unless otherwise provided, be in a written copy of the judgment shall, after

the words "on behalf of the Republic," indicating the designation of the Court, first and last names

judges and lay judges, the precise identification of the participants and their representatives,

the participation of the public prosecutor's Office and the Office of the Government representation in matters of

property, the indication of the present case, the wording of the operative part, in the preamble,

guidance as to whether a remedy is not

an action for the recovery of the proceedings and for the annulment, and the time and place of its

Administration, guidance on the enforcement options and date and place of publication.

If possible, the designation of participants in their date of birth

(identification number).



(2) unless otherwise provided, the Court judgment shall indicate,

what the plaintiff (appellant) sought and for what reasons, and how in the

observations the defendant (other party), concisely and clearly lays out,

that fact has shown and which are not, on that evidence, he sat back

their findings and considerations when evaluating evidence,

Why did not perform as well as other evidence, which made the conclusion on the facts and

How to assess the case law; It is not permissible to copy from the file

přednesy participants and made factual evidence. The Court shall ensure that the

the judgment was compelling. The preamble referred to in the written

a copy of the judgment shall be published in accordance with the reasons for it.



(3) in the grounds of the judgment for the recognition of a judgment by default shall be indicated, or

only the subject of the proceedings and the Court succinctly lays out the reasons for which it decided to

judgment for recognition or by a judgment by default.



(4) in the grounds of the judgment against which the appeal is not admissible or

against which the participants gave up the appeal (article 207, paragraph 1), the Court shall state the

only the subject of the proceedings, the conclusion on facts and concise legal

adjudication of the matter.



§ 158



(1) a written copy of the judgment shall be signed by the President of the Senate. If it is not

sign, sign, there is another Member of the Senate, and if the decision of a single judge,

another judge President of the Court responsible for; the reason the written copy

He chortles. An electronic copy of the judgment shall be signed by the

recognized electronic signature by the judge. The judgment shall be made in the

the form in which it is kept in the file.



(2) a copy of the judgment, made out in paper form and judgment

drawn up in electronic form is delivered to the participants, where appropriate,

their representatives into their own hands.



(3) if the parties give up the appeal after the end of the hearing, that

the judgment, delivered with a copy of the original of the judgment as a rule

at the end of the negotiations.



(4) If a copy of the original of the judgment was not served in accordance with paragraph

3, it should be participants or their representatives to submit within a period of

thirty days from the date of delivery of the judgment. The President of the Court is entitled to this

period may be extended by up to an additional 60 days.



§ 159



Delivered the judgment, which can no longer be challenged, is in a legal

power.



Section 159a



(1) unless the law provides otherwise, the operative part of the final judgment binding

only for parties.



(2) of the operative part of the final judgment, which was decided in matters

referred to in § 83 para. 2, is binding not only for the parties, but also

for other persons authorized for the same claims against the defendant for the same

Act or State. Special legislation provides, in which other

cases and to what extent is the operative part of the final judgment binding on

person other than the parties to the proceedings.



(3) the extent to which the statement of final judgment is binding for

Parties to the proceedings and, where applicable, other persons, it is binding for all

authorities.



(4) as soon as the matter was finally decided, cannot be in the range

the binding nature of the operative part of the judgment for the participants and, where appropriate, other person thing

discussed again.



§ 160



(1) if the Court in the judgment in the obligation, it should meet within three days

from the judgment or, in the case of vacating the apartment, within fifteen days

from the judgment; the Court may determine a longer period or to provide that the

cash transactions may happen in instalments, the amount and the conditions of

the due date shall determine.



(2) if the Court Condemned to opětujícímu performance in the future due

benefits, you must meet as soon as they become due under the judgment.



(3) if the Court Imposed by final judgment the obligation to vacate the homes to

After securing a replacement housing, a time limit for clearing up to date

ensure the replacement housing.



(4) in the case of judgments, the Court shall fix the date provisionally enforceable to the fulfilment of the

their delivery to the one who has to perform.



§ 161



(1) the judgment is enforceable once the deadline for implementation.



(2) if in the judgment of the obligation to fulfil, the judgment is

enforceable as soon as it became legally valid.



(3) the final judgments imposing statement will supersede this

statement.



§ 162



(1) provisionally enforceable are judgments, convictions for the performance of maintenance

or work remuneration for the last 3 months before the announcement of the judgment.



(2) the Court may, on the proposal for a provisional enforceability of the judgment to pronounce, and it

in the operative part of the judgment, if it would otherwise be in danger of a party hard

replaceable or significant injury.



§ 163



The judgment condemning to fulfil in the future due to the performance of benefits or

in installments is possible on a design change, if you have changed significantly

circumstances which are decisive for the amount and duration of benefits or

installments. Unless the law provides otherwise, it is permissible to change the judgment, since the

When there has been a change in circumstances.



§ 164



The President of the Senate in the judgment at any time and repairs without errors in writing and design

in numbers, as well as the other obvious inaccuracies. If a repair scope

decision, or if it is not possible to carry out the repair in counterparts

the decision, it shall take a repair order, which delivers the message to the participants;

with regard to the operative part of the decision, the patch may defer the enforceability of the judgment

for a period, until the corrective resolution shall not take legal force.



§ 165



(1) if the judgment does not have a basis in the findings of fact

a State party may, before the judgment takes legal effect,

propose that the preamble has been fixed.



(2) fails to comply with a Court of first instance, refer the matter to the Board of design

the Court, which decides about the patch.



(3) the repair of the reasons shall be decided by a resolution; on matters specific

the Senate will do so, the President of the Senate. The negotiations do not have to order.



§ 166



(1) if the Court has not decided in the judgment of some part of the subject of the proceedings

costs or for provisional enforceability may participant in

fifteen days from the service of the judgment to propose its replenishment. The Court may

the judgment, which has not come into legal force, to supplement even without proposal.



(2) the addition of part of the subject of the proceedings, the Court shall make a judgment, for which

shall apply mutatis mutandis to the judgment; otherwise, the Tween will decide

by resolution. If the Court rejects the proposal to supplement the participant's judgment,

the resolution rejects the proposal.



(3) a proposal to add does not affect the legal force of the enforcement or sayings

the original judgment.



The resolution of the



§ 167



(1) unless the law provides otherwise, decisions of the Tribunal. The resolution is

Decides, in particular on the conditions of control, stop or interruption of the

proceedings of the rejection of the proposal, amending the proposal of the withdrawal of the proposal back on the

settlement costs, as well as on matters relating to the management

control.



(2) unless otherwise stipulated, the resolution shall be adequately

the provisions of the judgment.



§ 168



(1) the resolution announces the President of the Senate present participants.




(2) the resolution of the Court delivers to the participants, is to appeal against him or

the appeal, or if it is necessary for the conduct of the proceedings or in the case of

the resolution, which imposes an obligation to the participants.



§ 169



(1) unless otherwise provided, shall be indicated in the original of the order, which

the Court, on the first and last names of judges and lay judges, mark

the parties, their representatives and things, statement, justification, instruction

If a remedy is not an action for the recovery of

management and for the annulment, and the time and place of its submission, and the date and place

issue resolution.



(2) a copy of every resolution, which fully complies with the proposal on the

interim measures, the proposal to secure evidence, an application for securing

the subject of means of proof in matters relating to rights of intellectual

ownership or any other proposal, to which no one objection was raised, or resolution,

that relates to the administration of the proceedings, or of the resolution under Section 104a, may not

contain a statement of reasons. The preamble to the resolution, also need not include

which it was decided not on the merits, if permitted by the nature of the

things, and if it is obvious from the contents of the file based on what the facts were

taken; in this case, in the operative part of the resolution shall state the legal

the provisions to which it is applied, and the reason for the decision.



(3) If a resolution cannot deliver, just in a written copy of the State

statement and the date of issue.



(4) for the preamble to the resolution, which will be decided on the merits, the

Similarly, § 157 paragraph. 2 and 4.



§ 170



(1) the Court is bound by the resolution, once it is announced; If there were no

publication, as soon as it was delivered, and if there is no need to deliver as soon as

It was drawn up.



(2) Resolution, which regulates the conduct of the procedure, however, the Court is not bound.



§ 171



(1) the time limit for the performance of runs from the service of the order; its the end of the

the resolution is enforceable.



(2) unless in the resolution to the implementation of the resolution, it is

If not otherwise specified, enforceable as soon as it was delivered, and if it is not

should be served as soon as it was published or completed.



(3) If a resolution by law or by a court decision to be enforceable

After the legal power, to a time limit for the performance from the final resolution.



Order for payment



§ 172



(1) the Court may, even without the express request of the applicant and without hearing the defendant

issue a payment order, if the claimed in the application for payment

an amount of money and if the entitlement of the elements set out

by the applicant. In order for the defendant to within 15 days from the

delivery of the order for payment, the claimant paid the claim and applied

the costs of proceedings or at the same time filed with the Court, that

order for payment issued. The provisions of § 36a para. 1 (b). and) shall not apply.



(2) the payment order cannot be issued,



and I know) if the residence of the defendant;



(b)) is to be served on the defendant for payment abroad.



(3) if the Court fails to issue a payment order, instructs the negotiations.



§ 173



(1) a payment must be delivered to the defendant into their own hands,

substitute service is excluded.



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

It cancels the resolution in its entirety.



§ 174



(1) a payment order was not filed against the resistance, the effects of

final judgment.



(2) if even only one of the defendants in a timely manner, the resistance of the payment

the order in its entirety, and the Court shall order the hearing. Remedy only

oppose on costs is, however, even here the appeal.



(3) the Tribunal brought by a Late opposition rejects; for lack of a

justification cannot be resistance to refuse. Brought by a Court rejects the opposition even if

He handed it to the person who is not entitled to file an opposition.



(4) when you correct errors in writing and in numbers, as well as other obvious

inaccuracies in the order for payment procedure shall be applied in accordance with section 164.



section 174a



Electronic payment order



(1) if the application is submitted on an electronic form, signed by a recognized

electronic signature the applicant and does not exceed the monetary

required by the plaintiff the amount of $ 1 000 000, the Court may make on a proposal from

the applicant an electronic payment. Publish this form

the Ministry in a way allowing remote access.



(2) the application for the release of the electronic payment order shall, in addition

General requirements (section 42 (4)) and to requirements under § 79 paragraph 2. 1

include the date of birth of the natural person, the legal entity identification number

persons or the identification number of the natural person who is an entrepreneur.



(3) the provisions of § 172 to 174 shall apply mutatis mutandis.



(4) the proposal to issue an electronic payment order that does not contain

all the formalities laid down by law or which is unintelligible

or indeterminate, Chairman of the Senate resolution, if these

shortcomings in the proceedings cannot continue; the provisions of § 43 shall not apply.



(5) the electronic payment order cannot be issued,



and if the Court) continues in control after its interruption, or



(b)) was not paid a fee for the management of electronic

payment is due on the filing of the application instituting proceedings, or in the

within the time limit designated by the Court.



(6) the resistance to electronic payment order can be submitted also to the

electronic form signed by an advanced electronic signature.

This form shall be published by the Ministry in a way allowing remote

access.



section 174b



European order for payment



(1) the European order for payment ^ 67a) must be delivered to the defendant to

your own hands, substitute service is excluded.



(2) the procedure on an application for review of the European order for payment is

the competent court which issued the European order for payment.



(3) the order of the Court, which was rejected the proposal on the review of the European

the payment order shall be delivered to the parties on the European payment

the warrant.



§ 175



(1) if the plaintiff in the original of the Bill of Exchange or cheque whose authenticity

There is no reason to doubt, and other documents necessary for the application of the law, it shall issue

at his suggestion the Court bills for payment (cheques Act), in which the defendant

stores within 15 days to pay the required amount and the costs of the proceedings, or

in the same period, in which the opponent must give everything against

order for payment claims. The Bills (cheques Act) for payment must be

delivered to the hands of the defendant, the substitute service is excluded.

If the application for an order of payment accepted, the Court shall authorise

the negotiations.



(2) the provisions of § 174 para. 4 shall apply mutatis mutandis.



(3) if the defendant fails to file a timely objection or taking them back, the Bills

(cheque) payment order effects of the final judgment. Late filed

objection or objections, that do not contain the preamble, the Court rejects. Filed by

even if the Court rejects the objections, if is the one who the opposition

is not entitled to.



(4) where a defendant's objections, the Court will order their discussion

the negotiations; later raised objections, however, can no longer be taken into account. In

judgment of the Court will, whether the Bills (cheques Act) payment leaves

in effect, or whether it be deleted, and to what extent.



(5) where an objection by the defendant, the Court by order opposition

stops; the negotiations do not have to order.



(6) the appeal only against the operative part on costs is

the appeal.



Chapter five



Special provisions



the title launched



§ 175a



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§ 175c



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§ 175d



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§ 175e



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§ 175f



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To the action of the distortion of tenure



§ 176



The provisions of section 177 to 180 shall apply, if the action clearly,

applicant seeks protection from interruption of tenure.



§ 177



(1) If a plaintiff Seeks protection from interruption of possession, the Court shall decide on the action

within 15 days of the initiation of the proceeding. The plaintiff must prove that it is a svémocné

ejectment. The negotiations do not have to order.



(2) If a plaintiff seeks the prohibition on implementation or removal of a building from

the reasons that may be threatened by performing or removing or

threatens to limit his ownership rights, the Court shall decide on the application within 30 days

from the start of the proceedings. Summons to a hearing must be served on the participants

at least 3 days in advance.



§ 178



In the proceedings the Court is limited to finding the last possession and its svémocného

interference.



Section 179



In proceedings cannot decide on compensation for injury resulting from the disturbance of possession.



§ 180



(1) on the merits by the court order.



(2) the Court shall declare the resolution immediately after the end of negotiations. The provisions of § 156

paragraph. 2 shall not apply.



the title launched



Section 180a



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section 180b



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section 200aa



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PART FOUR



Remedies



Head first



Appeal



Filing an appeal



§ 201



A participant may challenge the decision of the District Court or the decision of the

the regional court issued in the proceedings at first instance, if it

the law does not exclude.



§ 202



(1) no appeal is permitted against a decision by which the



and adapting the management control),



(b)) was invited to incomplete, incomprehensible or vague

submission of complete or corrected (article 43, paragraph 1),



(c)) was excused,



(d)) was or was not allowed to change the design,



(e)) it was decided to svědečném or entitlements pursuant to § 139 paragraph 2. 3,



(f)) was approved by the conciliation



g) was rejected the proposal on the stay of proceedings under section 109 or under section 110,



(h)), the defendant was asked to comment in writing on the matter (Section 114b)



I) fixed the decision does not relate to the correction of the operative part of the decision,



(j)), it was decided that delivery is ineffective (§ 50 d),



the obligation to) a deposit for the costs of evidence,



l) has been granted, the application for review of the European order for payment,



m) has been ordered by a first meeting with a mediator pursuant to § 100 para. 2,



n) was cancelled the order for payment pursuant to section 173 of paragraph 1. 2.



(2) no appeal is permitted against a decision by which it was decided to

regard to the performance of not more than $ 10,000, to the accessories of the claim

are disregarded; It does not apply to judgments of recognition and for judgment for the

a default judgment.



(3) an appeal against a decision just reasons is not permitted.



§ 203



(1) the intervener may lodge an appeal only if the control

entered within fifteen days from the service of the decision of the participant,

the control supports. The appeal of the intervener is not

allowed if it is supported by the participant of the surrender or revocation

If citing the intervener disagrees.



(2) the public prosecutor's Office may be appealed only in cases in which

can under the law to enter or in which it may submit a proposal to begin

control, and only if the proceedings came before the elapse of

the appeal to all parties to the proceedings.



(3) the Office of the Government representation in property Affairs may submit

the appeal only in the cases and under the conditions referred to in section 35a, and only if,

If the control has entered before the elapse of the appeal period to all

the parties to proceedings.



§ 204



(1) the appeal shall be filed within fifteen days of receipt of the written copy of the

the decision by the Court whose decision is being appealed. It was granted

provisions relating to the resolution of the operative part of the decision, this time limit is running again

from the final resolution of the appeal.



(2) the appeal shall be lodged in due time even if it was filed after the

the expiry of the fifteen-day time limit, therefore, that the appellant was driving the wrong

appeals. If the decision does not contain guidance on the appeal,

on the time limit for appeal or of the Court in which it is served, or if the

the wrong lessons about the fact that no appeal is admissible, the appeal may be filed

within three months of delivery.



(3) relief to the appeal shall be decided by the Court of first

the degree.



The particulars of the appeal



§ 205



(1) an appeal shall be in addition to the General requirements (section 42 (4))

outlined against which decision points, to what extent can think in

What is seen the incorrectness of this decision or of the procedure of the Court of

(reason) and what the appellant seeks (Board of design).



(2) an appeal against a decision or resolution by which it was decided in the case

the same thing can be justified only by the fact that



and conditions have not been met) control, seised shall decline jurisdiction in substance, the Court ruled

of first instance, the decision of the Court of first instance gave the judge excluded

(lay judges) or the Court of first instance has been incorrectly occupied, unless

instead of a single judge ruled the Senate,



(b)) the Court of first instance to have regard to the appellant, the alleged facts

or his designated evidence, although this has not been fulfilled

under section 118b or § 175 paragraph. 4 part of the first sentence, after the semicolon,



(c) the proceedings are affected by another) a defect that could result in

the incorrect decision in a case,



(d)), the Court of first instance partially discovered the facts of the case, since the

has not proposed the evidence needed to prove the facts,



(e)) the Court of first instance on the basis of evidence to

incorrect factual findings,



f) have not yet discovered the facts does not hold water, because there are more

fact or other evidence which have not yet been applied (section 205a)



g) the decision of the Court of first instance is based on error of law

adjudication of the matter.



(3) the appellant may, without the consent of the Court of appeal and the appeal to change proposals

reasons beyond the period of appeal.



(4) the extent to which the appellant challenges the decision, can only change

during the duration of the period of appeal.



section 205a



Facts or evidence which are not redeemed before the Court of first

instance, the appeal against the judgment or order on the merits

reason of appeal only if the



and relate to the conditions of the proceedings), the substantive jurisdiction of the Court, exclusion

judge (assessor), or the cast of the Court;



b) jimi has to be proven that the defect occurred in the proceedings, which could have a

results in incorrect judgment in the matter;



(c)) they should be called into question the credibility of the evidence on which the

is the decision of the Court of first instance;



(d)) to be met by an obligation to assert any for

significant facts or burden, provided that

for failure to comply with any of the above obligations have not had the appellant in case

success and that the appellant was not properly instructed in accordance with § 118 paragraph. 1 to 3;



(e)) the appellant was not properly instructed under section 119a para. 1;



f) have occurred (arose) after its publication (release) the decision of the Court of first

the degree.



section 205b



For appeal against a decision for approval or against a judgment by default

the reason for this appeal are just a defects referred to in § 205 paragraph. 2 (a). a) and

facts or evidence which has to be shown that have not been met

the conditions for their issue (section 153a, 153b).



Effects of revocation



§ 206



(1) where a person who is authorized, timely appeal,

as regards the legal force of the decision on the appeal until finally decides

the Court of appeal.



(2) If, however, decided on a few rights with separate facts

basis, or if a decision of several parties, each of which

It is in control of himself (section 91 (1)) and the appeal is expressly

applies only to certain rights or to some participants, it is not legal

much of the operative part, which is not attacked, citing prejudice. This does not apply in

cases where the operative part of the decision on the contested statement that is dependent

citing was not expressly without prejudice to, or if from law

It follows the method of settlement of the ratio between the participants.



(3) the legal power of the other statements is not affected even if

the appeal is directed only against costs about accessories

claims on the time limit for the performance of or a preliminary judgment.



Waiver of appeal and its undo



Section 207



(1) to give up the appeal it is possible only to the Court until after the publication of

(the release) of the decision.



(2) until the appeal was decided, it is possible to take them back; in

this case, the Court of appeal the appeal procedure stops. If someone took

the appeal is lodged, not back again.



Acts of the Court of first instance




§ 208



(1) Late appeal court of first instance, the President of the Senate

the resolution rejects.



(2) as a lazy cannot be refused the appeal, which was within the time limit

lodged at the Court of appeal or to a log in the nepříslušného Court.



title cancelled



§ 209



The President of the Senate of the Court of first instance will take care of the removal of any

defects in a timely filed appeal (§ 43). If he defects

or if it has considered that the appeal is filed by the person is not entitled to it,

or that it is not acceptable, refer the matter to the Board of appeal, after the expiry of the time limit

News of the Court of appeal.



§ 210



(1) unless the cases referred to in § 208 or 209, § delivers the Chairman

the Senate's appeal, which is directed against the judgment or against the order in

merits of the case, to the other participants. Appeal against the order, which has not been

decided on the merits, the President of the Senate delivers to those tenderers whose

rights and obligations are concerned, if having regard to the circumstances of the case or

the nature of things to be appropriate and effective.



(2) if necessary, be examined by the President of the Chamber, the whether conditions are met

control, shall affix the messages and documents, to which the appellant or other participants

rely on, and through other similar investigations.



(3) When all participants of the deadline for lodging an appeal and as soon as

the investigations are carried out in accordance with paragraph 2, shall submit to the President of the Senate thing

the Court of appeal; the report also indicates that it considers the appeal filed for

within the time limit.



section 210a



Resolution on the obligation to pay court fees or order from which the

have not yet received the rights of a person other than the appellant, or a resolution, which

riot was imposed measures (§ 53), or resolution on denial of

action, or else the application initiating proceedings (article 43, paragraph 2, §

§ 75A, 75b para. paragraph 2, § 78d. 2), or a resolution on the rejection of the appeal

(§ 208), or a decision issued pursuant to part six may appeal

change directly to the Court of first instance, if the appeal in its entirety

will meet.



Proceedings in the Court of appeal



§ 211



For the management of the Court of appeal shall apply mutatis mutandis to the provisions relating to proceedings before

Court of first instance, unless stated otherwise.



§ 211a



Other parties to the proceedings before the Court of appeal the appellant may argue

facts or evidence which are not redeemed before the Court of first

instance, only under the conditions specified in section 205a.



section 211b



cancelled



§ 212



The Court of appeal, it shall, within the limits in which the appellant seeks

review of the decision. This range is not bound



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

that appeal was not affected,



(b)) 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,



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

among the participants.



§ 212a



(1) unless otherwise stipulated, the decision of the Court of first instance can be

review and for reasons that have not been applied in the appeal (article 205 paragraph.

2).



(2) the judgment or order which has been decided on the merits, cannot be

review referred to in paragraph 1, unless the appeal court (section through challenge

43 and 209) no grounds for the appeal.



(3) to new facts or evidence (section 205a and 211a) the Court of appeal may

be taken into account only if it has been prevented.



(4) for the recognition of a judgment and judgment by the Court of appeals shall review the

only on the grounds referred to in section 205b.



(5) the Court of appeal also takes account of the defects referred to in article 229 paragraph. 1, § 229

paragraph. 2 (a). a) and b) and § 229 paragraph. 3. For other defects in the proceedings before the Court

first instance court of appeals shall take into account only when it may result in

the incorrect decision in a case, and only if, in appeal proceedings

could not be restored.



(6) the resolution, which was not decided on the merits, may be examined only from the

reasons that relate to what the Court of first instance dealt with in the operative part

the resolution.



§ 213



(1) the Court of appeal is not bound by the facts, as found by the Court

of first instance.



(2) the Court of appeal may repeat the evidence, on the basis of which the Court

of first instance found the facts of the case; Yet the evidence made

Repeat always, if that is possible to reach to another

Given these findings, than that made the Court of first instance.



(3) to carried out the evidence from which the Court of first instance has

findings of the Court of appeal, in determining the facts of the case

information shall be disregarded, unless it is repeated; This evidence is obliged to repeat,

only if the fact that they have to be demonstrated, the Court of first

grade performed the other evidence in ascertaining the facts

It was based on.



(4) the Court of appeal make up evidence about the participants of the proposed evidence which

have not yet been carried out, shows where this is necessary to establish

the facts of the case; This does not apply only if it is to be done

extensive additional evidence, and if the fact that they should be

has not yet been demonstrated, no or inadequate

the taking of evidence.



(5) in determining the facts of the Court of appeal disregarded the

facts or evidence which the parties have been applied in

contrary to section 205a or section 211a.



section 213a



(1) where the Court of Appeal considered that, to be made other than the participants

the proposed evidence (article 120, paragraph 2, first sentence), or if the taking of evidence

(article 213, paragraph 2 and 3), the taking of evidence alone.



(2) the Court of appeal make up evidence about the participants of the proposed evidence (§ 213

paragraph. 4) either alone or through the Court of first instance or

the requested court.



section 213b



(1) the appeal shall proceed pursuant to section 118a; However, this procedure

cannot lead to the application of new facts or evidence contrary to the

the provisions of section 205a or 211a or to exercise procedural rights, which

in the appeal proceedings are inadmissible.



(2) violation of the provisions of § 118 paragraph. 1 to 3 of the Court of first instance is

a defect in the proceedings only if necessary for additional claims or evidence

results from a different legal opinion the Court of appeal.



section 214



(1) to hear the appeal shall order the President of the Chamber of the appeal court

the negotiations.



(2) the negotiations do not have to order, if



and the appeal is dismissed);



(b)) shall be terminated or interrupted appeals process;



(c)) the appeal is directed against the order of the Court of first instance, which was

decision on provisional measures, or any other resolutions which were not

decided on the merits;



d) repeals decision pursuant to section 219a para. 1;



(e) only applies to) recall costs, time limits for the performance of or

Provisional enforceability.



(3) the order is not necessary even if only if the appeal is lodged

just because of an error of law and the rights of the participants of the case

participation in the hearing of the case, where appropriate, with the decision of things without

Regulation meetings agrees; This does not apply if the Court of appeal repeats

or supplement evidence.



section 215



(1) the summons must be served on the participants so that you have enough time

to prepare, as a rule, at least ten days prior to the date on which the meeting is to

take place.



(2) the President shall, after the opening of negotiations or designated by the Member of the Senate a report

on the course of negotiations; otherwise, it applies for the hearing before the Board of

the court reasonably § 116 to 118, § 118 paragraph. 4 and section 119. At the conclusion of

President of the Chamber shall invite participants to summarize their proposals and to

comment to the evidence and the factual and legal stuff.



§ 216



(1) the provisions of § 92, 97 and 98 do not apply to appeal proceedings.



(2) in appeal proceedings cannot be applied a new claim.



(3) it is not the reason for the interruption of the proceedings, if the participants or

any one of them fails to appear at the hearing in the appeal court.



§ 217



cancelled



The decision on appeal



§ 218



Appeals Court rejects the appeal, which



and) cancelled



(b)) were made by someone who is not entitled to appeal;



(c)) is directed against the decision against which the appeal is not admissible.



section 218a



Chairman of the Board has not decided if the Court of first instance under section 208 paragraph. 1,

Although the appeal was filed out of time, decide on the refusal of the appeal

the Court of appeal for the tardiness. If need be, carry out the necessary investigation

either alone or through the Court of first instance or the Court of

of the requested.



section 218b



cancelled



§ 218c



To stop the appeal procedure for withdrawal of the appeal before the start

the hearing before the Court of appeal and the appeal of a refusal under section 218 or

under section 218a may decide only the President of the Chamber of the appeal court or

authorized member of the Senate.



section 219



The Court of Appeals decision, confirm if the statement is factually correct.



section 219a



(1) the decision of the Court of appeal cancelled if



and there are such defects) that the procedure should not be carried out for lack of

the terms of the proceedings or to decline jurisdiction, in substance, the Court ruled, or excluded

the judge or court was not properly cast, except instead of a single judge

the Senate ruled, or other defects that may result in

the incorrect decision in the case, and in the appeal proceedings could not be

corrective action,




(b) the decision is not reviewable) for incomprehensibility or lack of

reasons,



(c)) the Court my weight hasn't changed for a participant who was supposed to be a participant,



(d)) the Court in the proceedings did not continue with who is the successor of the procedural

the party after the proceedings has lost the capacity to be a party to

control.



(2) the Court of appeal a judgment or resolution by which it was decided in the case

the same, if cleared to establish the facts of the case is

need to perform other participants proposed evidence, which cannot be

made in appeal proceedings (article 213, paragraph 3 and 4); the provisions of § 213

paragraph. 5 this must not be affected.



section 220



(1) the Court of appeal changed the judgment or order was decided in

merits of the case, if there are no conditions for their confirmation (section

219) or cancellation (section 219a) and if



and the Court of first instance) decided incorrectly, although properly detected

the facts;



(b)) after completion or repeat the facts of the case dokazovaní is detected

so, it is possible to decide on the matter.



(2) the Court of appeal changed the judgment or order was decided in

the substance, also if it approves the settlement.



§ 221



(1) if the Court of appeal decision under section 219a,



and) returns to the Court of first instance further proceedings, or



(b)) shall refer the matter to the district or the competent regional court,

where appropriate, the Court set up to hear and determine a particular things

kind, or



(c)) shall decide on the termination of the proceeding, if there is such a lack of

control conditions that can't be removed (article 104, paragraph 1); If it is not given

jurisdiction of the courts, decides whether or not a referral to the authority within whose

powers belong to.



(2) if the decision of the Court of appeal because it was not adhered to the binding

legal opinion (article 226, paragraph 1, § 235h, paragraph 2, second sentence, and paragraph § 243d

1) or in the management of serious defects, may order that, in the next

management has discussed the matter and decided another Senate (single judge), or to order

the case for further proceedings to another court of first instance, which is superior.



sec. 221a



The Court of appeal may annul the decision of the Court of first instance, even if it is

suggested changing it, and vice versa.



§ 222



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

decision occurs as if the appeal did not occur.



(2) if the Court has not decided the first instance on some part of the subject of the proceedings

costs or on an application for provisional enforceability of, the Board of

the Court may, even before the decision on the appeal, direct that its decision

Supplement (section 166).



(3) under the terms of § 164 Court of appeal may also order the rectification of the contested

decision.



section 222a



(1) taking the plaintiff (petitioner) appeal proceedings back a proposal to

the initiation of proceedings, the Court of appeal completely, or the extent of withdrawal

the proposal, the decision of the Court of first instance shall cancel and stop control; It

does not apply if the appeal was filed late or someone to appeal

was not entitled to, or against a decision which is not permitted.



(2) if the other participants by withdrawing the application for serious reasons

disagree, the Court of Appeal decides that the discontinuance is not effective; in

This situation, when the legal force of the resolution continues to appeal.



§ 223



The Court of appeals shall be decided by the judgment, if it confirms the judgment (section 219)

or amended judgment pursuant to § 220 para. 1; otherwise, it shall make an order.



The costs of the appeal proceedings



§ 224



(1) the provisions on the costs of the proceedings before the Court of first instance applies

mutatis mutandis to appeal proceedings.



(2) if the decision of the Court of appeal, and shall decide on the costs of proceedings in the

Court of first instance.



(3) if the appeals court decision and returns the case to the Court of first

degree for further proceedings or case shall be submitted to the competent court, in substance,

decide on the reimbursement of costs in the new Court of first instance decision on the

things.



The further course of the proceedings



§ 225



Court of first instance shall deliver a decision on the appeal, if not provide a

the Court of appeal directly.



§ 226



(1) if the decision Was revoked and was returned to the matter for further proceedings,

Court of first instance is bound by the legal opinion of the Court of appeal.



(2) if the decision is annulled and the matter referred to the competent

the Court, in proceedings of Section 104a. From the results of the earlier

You can control when a new consideration of the case only based on recognition of the defendant

and from the identical factual claims of the participants; with the consent of the participants can be

also be based on some or all of the evidence taken.



the title launched



§ 227



cancelled



The head of the second



Action for a retrial and for annulment



The admissibility of the



§ 228



(1) an action for recovery proceedings, the participant may challenge final

the judgment or final order granting it was decided on the merits:



and here) where the facts or evidence that decision without your guilt

could not use in the main proceedings before the Court of first instance or for

the conditions referred to in article 205a and 211a also before the Board of

the Court, if they can bring on more favourable decision for him in the matter;



(b)) to be evidence that could not be executed in the main proceedings

before the Court of first instance or, under the conditions referred to in paragraph

205 b and 211a also before the Court of appeal, if it can bring for him

a more favourable decision in the matter.



(2) an action for recovery proceedings, the participant may challenge the also final

the resolution, which approved the settlement, and if the reasons referred to in paragraph recovery

1 should also apply to the assumptions under which the settlement was approved; This is true

Similarly, for the final payment, a final judgment for the recognition

and a final judgment by default.



§ 229



(1) an action for annulment, the participant may challenge final

decision of the Court of first instance or the Court of appeal, which was

proceedings completed, 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 a party to proceedings or before the Court could not

Act (section 29 (2)) and was not properly represented,



(d)) has been submitted to initiate proceedings, although by law it was

should be,



e) ruled the judge or lay judge is excluded,



(f)) the Court was improperly cast, unless instead of a single judge decisions

the Senate,



(g)), it was decided to the detriment of the Subscriber as a result of the crime

a judge or an observer,



h) party was appointed guardian because of unknown residence

or because he failed to deliver on a known address in a foreign country,

Although such measures have not been fulfilled.



(2) an action for annulment, the participant may challenge the also final

judgment of the Court of first instance or the Court of appeal or the final

the resolution of these courts, which have been decided on the merits, or

a final payment (the Bills and cheques Act for payment) or

electronic payment order, if



and in the same case) had already been brought,



(b)) in the same case was before a final decision,



(c)) the Court of appeal was finally rejected a proposal on enforcement

These decisions or been stopped because of the enforcement of the decision,

that obligation by a judgment or order for payment imposed by order

cannot be enforced (section 261a).



(3) an action for annulment, the participant may challenge whether or not final

judgment of the Court of appeal or the final resolution, which was

decided on the merits, if it was in the course of the proceedings in the wrong

the procedure of the Court able to act before the Court. The same applies in the case of

a final judgment of the Court of first instance, against which there is no appeal

permitted pursuant to § 202 paragraph. 2.



(4) an action for annulment, the participant may challenge also final

the resolution of the Court of appeal, which rejected the appeal or that

appeal procedure was stopped, as well as the final resolution of the appeal

the Court, which has been confirmed or amended order of the Court of first instance

to reject the appeal or appeal in cassation for the tardiness.



§ 230



(1) the application is not admissible against



and) resolution it was decided on the action of the distortion of tenure;



(b)) only against the statements, the decision on costs on the time limit for the performance and

a preliminary enforcement;



(c) the reasons for the decision) only.



(2) the application for the renewal of proceedings is not permitted against rulings and also

the resolution, whose cancellation or changes may be achieved otherwise, not counting

This appeal.



(3) an action for annulment is admissible against the resolution, which was to

decided on the action for annulment.



§ 231



(1) an action may be filed on the grounds referred to in § 228 and 229 also side

the participant, if he joined the proceedings. The action is, however,

inadmissible if it supported the participant does not agree.



(2) the public prosecutor's Office may bring for the reasons referred to in § 229 action

for annulment only in cases in which it can under the law to enter or

in which may submit a proposal to the initiation of the proceeding. If the State had not entered

the Prosecutor's Office in the proceedings in which the contested decision was given, may

application period runs until one of the parties, if at the same time

enters the control.




(3) the Office of the Government representation in property Affairs, if not directly

a participant in proceedings may submit the reasons given in the action for 229

in annulment only in the cases and under the conditions referred to in section 35a.

Did not enter the Office of the Government representation in property Affairs to

the proceedings in which the contested decision was given, the application,

until the period runs for one of the parties, if at the same time it enters

proceedings (article 35a).



(4) the provisions of § 230 apply here mutatis mutandis.



Bringing an action



§ 232



(1) the application must in addition to the General requirements (section 42 (4)) contain

reference to the decision against which it is directed, the extent to which it occurs,

cause of action (the reason for retrial or misunderstanding), presentation

the fact that testifies to the fact that the action is brought in a timely manner, the indication

the evidence, which is to be the justification for the action, as well as what

the one who filed suit, seeking.



(2) the extent to which the decision, and the cause of action (the reason for the recovery

control or misunderstanding) can be changed only during the duration of the time-limits for

the application.



§ 233



(1) the application for revision must be made within three months from the

the time when the one who proposing learned about recovery, or

Since that time, when it could apply; This period, however, will not end before

three months after the legal power of the contested decision.



(2) three years after the legal power of the contested decision can be

Action for recovery proceedings is made only if the criminal judgment

decision or an administrative offence or other offence on the

the basis of in civil proceedings was granted the right, were later

According to the relevant laws and regulations be cancelled.



section 234



(1) unless otherwise stipulated, the action for annulment must be filed

within three months of notification of the contested decision.



(2) because of the misunderstanding referred to in § 229 paragraph. 1 (b). (c)), you can claim

filed within the period of three months which shall begin to run on the date when the participant was

appointed representative, or when it has eliminated an obstacle, for which he could not before

the Court separately to act or for which could not act before the Court,

no later than three years from the legal force of the contested decision.



(3) because of the misunderstanding referred to in § 229 paragraph. 1 (b). (e)) can be an action

submit, within three months from the time when the action is the one who serves, about

because of a misunderstanding he learned no later than three years from the legal force

the contested decision.



(4) because of the misunderstanding referred to in § 229 paragraph. 1 (b). g) can be an action

submit, within three months from the time when the action is the one who serves, about

because of a misunderstanding.



(5) because of the misunderstanding referred to in § 229 paragraph. 1 (b). (h)) can be an action

within 3 months from the time when the action is the one who serves,

He learned of the contested decision.



(6) because of the misunderstanding referred to in § 229 paragraph. 2 (a). (c)), you can claim

be made within three months from the final resolution of the Court of appeal of

rejection of the application for enforcement or stopping power

decision.



section 235



(1) the action before the expiry of time limits is not permitted.



(2) if the present action against the contested decision also filed an appeal,

does not count the time limits under section 234 para. 1 to 4 hours from the final

the contested decision to the decision of the Court of dovolacího.



The proceedings and the decision on the application



§ 235a



(1) an action shall discuss and decide on her court on the case on

the first instance. An action for annulment brought on grounds listed in § 229

paragraph. 3 and 4, however, will discuss and decide on the Court, whose decision has been

challenged; This does not apply in cases in which the proceedings at first instance

the competent District Court (§ 9 (2)).



(2) for the management of the application, the provisions shall apply mutatis mutandis to proceedings in the first

instance, if not stipulated otherwise.



§ 235b



(1) If an action against the same decision on a retrial even

for annulment, the court case to the common control.



(2) the provisions of § 92, 97 and 98 do not apply to proceedings relating to the action. For the management of

Action for annulment does not apply also to the provision of section 107a.



(3) if there was also filed against the contested decision, the Court of appeal

an action is interrupted until the decision of the Court of dovolacího.



§ 235c



If it is likely that the application will be granted, the Court may order the postponement

enforceability of the contested decision on the matter.



§ 235d



The Court shall, within the limits in which the one who filed suit, seeking

enabling retrial or annulment of the contested decision for the

annulment. This range is not bound



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

that action has not been affected,



(b)) 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),



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

among the participants.



§ 235e



(1) an action for a retrial, the Court by order either rejects or allows

a retrial.



(2) an action for annulment, the Court by order either rejects or contested

the decision clears. If the decision for the reasons referred to in § 229 paragraph.

1 (b). a), b) and (d)) or in § 229 paragraph. 2 (a). a) and b), decides whether or not to

termination of the proceeding of a matter, or a referral to the authority within whose

powers belong to. If the reasons for which the decision was repealed

the Court of appeal, and the decision of the Court of first instance, the Court cancels the

This decision, although it was not an action challenged.



(3) if the same decision challenged at a retrial and for the

in annulment, the Court may allow reasonably applied a retrial, only

When the action for annulment shall refuse, refuses or stops the proceedings.



(4) if such extraordinary appeal court annulled the contested decision, the court proceedings on the

the application stops.



§ 235f



If the Court dismisses the action because it is not permissible, or because it has filed

someone who was not entitled to it, or because it was filed after the expiry of the

time limits calculated from the legal force of the contested decision, it need not order

the negotiations.



§ 235 g



By enabling the retrial postponed the enforcement of the contested decision.



Proceedings and judgments after authorisation renewal or after the annulment of the decision



§ 235h



(1) If enabled control, as soon as the Court of first instance

the resolution of the judicial power, the thing again without further discuss the proposal;

taking into account everything became apparent in the main proceedings, or when the

the hearing of the application. If the Court finds that the contested decision is factually correct,

the resolution rejects the proposal for amendment. If the Court contested

decision on the merits of the changes, the new decision replaces the original

decision.



(2) if the contested decision is annulled, the Court for the annulment of the

the decision goes, the thing, as soon as the resolution of the judicial authority, without further

the proposal will discuss and decide; taking into account everything it came out

in the main proceedings or for the consideration of the claim. The legal opinion contained

in the cancellation order is for a new hearing and decision of the case

binding.



(3) paragraph 2 shall not apply if the proceedings terminated (section 235e para.

2 the second sentence).



§ 235i



(1) in the new decision on the matter to the Court for compensation for the cost of the original

control and management of the application; on the reimbursement of costs of the main proceedings, however,

Decides if the decision after reopening does not replace the original

decision.



(2) if the Court cancels the challenged decision and stops if whether or not proceedings (§

235e para. 2 the second sentence), decides to refund the cost of the original and

control.



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

a decision on the matter.



The head of the third



Leave to appeal



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



Unless otherwise stated, the appeal is admissible against decisions of the

the Court of appeal, which is the appeal procedure ends if the contested

the decision depends on the resolution of the questions of substantive or procedural law,

the solution which the appellate court deviated from the established decision-making

the practice of dovolacího or in the decisions of the Court dovolacího the Court has not yet

has not been resolved, or is such extraordinary appeal court rozhodována differently, or

such extraordinary appeal to be resolved by the Court, the legal question assessed otherwise.



§ 238



(1) an appeal under section 237 not permissible



and) in matters covered by the second section of the civil code, if the proceedings are

about them are kept under this Act and if this is not about the matrimonial property

right,



(b)) in the matters governed by the Act on registered partnerships is

procedures are conducted under this Act,



(c) the decisions and the resolution), in which a further appeal by the contested statement

It was decided to regard the performance of not more than $ 50,000, unless it is

on the relations of consumer contracts and labour relations; to

Accessories claims are disregarded,



(d)) in matters relating to the postponement of the enforcement or execution,




e) against the resolution, against which an action for annulment is admissible according to the

§ 229 paragraph. 4,



(f)), which was against the resolution decided on interim measures,

pořádkovém measures, znalečném or tlumočném,



g) against the resolution, which was decided on the action lines of the tenure.



(2) in opětujícího, the cash is for the conclusion that a further appeal

the contested statement it was decided to regard the performance of not more than 50

EUR [paragraph 1 (b) (c))], determined the sum of all opětujících the

performance; However, if it is eligible for life, for an indefinite period

or for a limited period longer than 5 years, is decisive only five times

amount of the annual performance.



section 238a



The appeal is permitted against a further resolution of the Court of appeal, which was

in the course of appeal proceedings decided about who is the procedural

the successor to the participant by entering into a control to an attendee instead of hitherto

(section 107a), on the accession of the next participant (section 92 (1)) and the confusion

participant (§ 92 para. 2).



§ 239



The admissibility of the appeal (§ 237 to 238a) is permitted to examine only dovolací

the Court; the provisions of § 241b para. 1 and 2 are not affected.



Filing an appeal



§ 240



(1) a participant may submit an appeal within two months of notification of the decision

the Court of appeal with the Court that gave the judgment at first instance. If there was a

the Court of appeal issued a corrective order, this time limit is running from the delivery

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.



(3) the time limit is maintained even if an appeal has been lodged after

the expiry of the two month period because the dovolatel drove in the wrong

the Court of appeal a lesson. If the decision does not contain guidance on the appeal in cassation,

on the time limit for appeal or the Court in which it is served, or if the

the wrong lessons about the fact that the appeal is not admissible, the appeal may be filed

within three months of delivery.



§ 241



(1) unless otherwise stipulated, shall be represented by the dovolatel

a lawyer or notary public. A notary may represent dovolatele only to the extent

their privileges provided for by specific legislation. ^ 57)



(2) paragraph 1 shall not apply,



and dovolatelem) where the natural person who has a legal education,



(b)) if the dovolatelem legal person, State, municipality or higher territorial

Government Unit, if it is for them the person referred to in section 21, 21a, or in the section

21B, which has a legal education.



(3) paragraph 1 shall not apply where, if the dovolatelem village, which

He represents the State under section 26a of the case on behalf of the State, as represented by the municipality

the person referred to in section 26a para. 3, which has a legal education.



(4) an appeal shall be drawn up, with the exception of the case referred to in paragraph

2 (a). and), lawyer, notary public or a person referred to in section 21, 21a, 21b,

or in section 26a para. 3, which has a legal education.



§ 241a



(1) an appeal may be lodged solely on the grounds that the decision of the Court of appeal

is based on an incorrect legal assessment of the case.



(2) the appeal shall be in addition to the General requirements (section 42 (4))

outlined against which decision points, to what extent

the decision, the definition of reason to appeal, in what dovolatel sees

prerequisites of admissibility of appeals (sections 237 to 238a) and

dovolatel seeks (dovolací design).



(3) the reason for the appeal shall be defined so that the dovolatel shall state the legal assessment

things, which are considered incorrect and that lays out, in what is

the incorrectness of this law.



(4) in an appeal cannot lead to the Administration, which has made for dovolatel

proceedings before the Court of first instance or in appeal proceedings.



(5) the content of the submission, in which dovolatel said the extent to which it occurs

the decision of the Court of appeal, or in which defined the appeal, without reasons

should the condition set out in § 241, shall be disregarded.



(6) an appeal does not apply the new facts or evidence.



Acts of the Court of first instance



§ 241b



(1) the provisions of § 208 paragraph. 1, § 209 and 210 shall apply mutatis mutandis.



(2) if the condition referred to in section 241, the procedure is similar

According to § 104 paragraph. 2; This does not apply if the appeal was filed out of time,

someone who is not entitled to appeal, or where the defendant is against a decision

against which an appeal under section 238 is not permitted.



(3) an appeal that does not contain data about the extent to which

the decision of the Court of appeal, in what dovolatel sees the fulfilment of

prerequisites to the admissibility of the appeal (§ 237 to 238a) or that does not contain

the definition because of the appeal, the following elements can be added only in the

during the duration of the period for appeal. If at the time of the filing of the appeal

the condition referred to in section 241, that period runs until the end of the period,

that was dovolateli designed to meet this condition; However, if asked

dovolatel before the expiry of the appointment of a representative (section 30), the time limit

under the first sentence again until the final resolution, which was about this

a request has been made.



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.



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



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

that a further appeal was not affected,



(b)) 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,



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

among the participants.



(3) the decision of the Court of appeal may be reviewed only to a defined

in appellate review. If the appeal is admissible, the Court will consider whether or not to dovolací

defects referred to in article 229 paragraph. 1, § 229 paragraph. 2 (a). a) and b) and § 229

paragraph. 3 as well as to other defects in the proceedings, which could result in

the incorrect decision in the case.



(4) the participants for the duration of the appeal deadline to submit change

the definition because of the appeal, and the extent to which the decision of the appeal

the court challenge; There is no need to change the permission of the Court.



§ 243



Before the decision on the appeal may dovolací Court's own motion to postpone



and enforcement of the contested decision), if communicating performance

the decision or execution threatened serious harm, or dovolateli



(b)) the legal power of the contested decision, is seriously threatened by the dovolatel in the

their rights and not affect the delay legal conditions other than

party to the proceedings.



§ 243a



(1) the Court shall decide on the appeal of the Dovolací as a rule without a hearing.

If it considers it necessary, shall order the hearing to discuss the appeal.



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

paragraph 216. 3.



section 243b



For dovolací procedure shall apply mutatis mutandis the provisions relating to proceedings before the Court

of first instance, unless otherwise specified; the provisions of § 43, 92, 95-99

and control for the dovolací 107a does not apply.



The decision on the appeal



§ 243c



(1) the appeal filed against the decision of the Court of appeal, which is not

permitted or who suffer from disabilities that were not within the time limit (section 241b (3))

removed and for which such extraordinary appeal proceedings cannot continue, dovolací Court

rejects. Resolution on the dovolací the Court shall issue within 6 months from the date on which the

the case was submitted (§ 241b).



(2) to the adoption of a resolution on the refusal of leave to appeal on the ground that the appeal is not

pursuant to section 237 permissible, requires the consent of all the members of the Senate.



(3) the provisions of § 218 (a). (b)), section 218a, § 224 of paragraph 1. 1 and 2 and section 225 applies

in dovolacího the Court mutatis mutandis. When taking a dovolatel appeal

completely back, dovolací Court stops.



§ 243d



If the warrant pursuant to section 243c, dovolací Court



and the appeal shall be refused) if the conclusion that decision of the Court of appeal

It is correct, or



(b) the decision of the appeal court) may change, if the Court of appeal

decided incorrectly, and if the results so far show that management is

You can decide on the matter.



§ 243e



(1) if the conditions for stopping the dovolacího control, for refusing to

appeal for refusal of leave to appeal or the appeal decision for a change

the Court, the Court of dovolací is cancelled.



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

further proceedings. If the reasons for which the decision was repealed

the Court of appeal, also to the decision of the Court of first instance cancels

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

further proceedings, if appropriate, refer the matter for further proceedings factually

to the competent court. Dovolací court decisions issued in other

proceedings at first instance or in appeal proceedings, which are on

zrušovaném the decision of the Court of appeal.



(3) if the Court of appeal decision dovolací because it was not

adhered to the binding legal opinion (section 243g (1)) or that the control

serious defects, may order that the thing in the next management discussed the different

or order the case for further proceedings to another court of appeal. In

If the Court cancels the dovolací also the decision of the Court of first instance,


You may also direct that the thing in the next control discussed in the Court of first

the degree of a different Senate (single judge) or order the case for further proceedings

Another Court of first instance.



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

instance for the defects referred to in § 229 paragraph. 1 (b). a), b) or (d)) and in section 229

paragraph. 2 (a). and) or (b)), shall decide whether or not to halt the proceedings, or

referral to the authority within whose jurisdiction they belong.



§ 243f



(1) for the dovolacího court decision is crucial to the State at time of release

the contested decision of the Court of appeal.



(2) to stop the dovolacího of the proceedings or to refuse leave to appeal, which was

lodged out of time, which was after-given by someone who is not to appeal

entitled, or which has not been duly supplemented or revised and in such extraordinary appeal

You cannot control for this lack, the Chairman may decide to continue

the Senate dovolacího the Court or designated by the Member of the Senate.



(3) in the preamble to the resolution, which was rejected or an appeal which was

dovolací management, dovolací stopped the Court only briefly indicate why it is

appeal delayed, inadmissible or suffer from disabilities that prevent the continuation of

in such extraordinary appeal proceedings, or why dovolací control had to be stopped.

If the appeal is rejected, or if the dovolací control stopped

may not be the decision on reimbursement of costs dovolacího management is justified.



(4) the Tribunal shall decide the judgment Dovolací, if rejected the appeal against the

judgment of the Court of appeal or if the amended or repealed the judgment

the Court of appeal; otherwise, it shall make an order.



§ 243g



The further course of the proceedings



(1) if the Court cancels the dovolací decision of the Court of appeal

(decision of the Court of first instance), this is the case, the Court, which has been

the matter is returned or referred to the for further proceedings; the provisions of § 226 here

shall apply mutatis mutandis. On costs including the costs of dovolacího

proceedings the Court shall decide in the new case.



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

affected by a decision.



PART FIVE



Proceedings in cases which have been decided by another



Head first



General provisions



§ 244



(1) if the decision authority Executive, authority of the local government unit;

interest or professional self-government authority, where appropriate, the conciliation body set up by the

According to a special legal regulation (hereinafter referred to as "administrative authority"), pursuant to

a special Act on the dispute or other legal matter that arises from the

relations governed by private law (section 7 (1)), and has taken the decision of the administrative

authority, the same thing can be discussed on the draft in the civil

court proceedings.



(2) the provisions of paragraph 1 shall not apply,



and if) decided a dispute or other legal matter arbitrator or standing

the Court of arbitration, ^ 98) or of the Arbitration Commission of the League



(b)) if the decision of the administrative authority as a result of objections or

other similar action of a party to the legal relationship made before

administrative authority by a special Act repealed or shall cease to

efficiency,



(c)) if left under a special legal regulation of administrative authority

the participants in the legal relationship with their demands on the proceedings before the Court. ^ 99)



§ 245



If not otherwise stated in this section will apply mutatis mutandis, the provisions of part

first to fourth of this Act.



The head of the second



Bringing an action



§ 246



(1) the design shall be entitled to one who claims that the prejudice to the rights

by decision of the administrative authority, which was his rights or obligations

based, changed, cancelled, or rejected. This proposal is

called the action.



(2) the application must in addition to the General requirements for filing (section 42 (4))

include a description of the parties, a dispute or other legal things

that the administrative authority's decision, and the decision of the administrative authority, the summary of the

the facts indicate that the action is filed in a timely manner, information about

in what the applicant considers that the decision of the administrative authority was without prejudice to the

their rights, marking evidence, which should be in the proceedings before the Court

performed, as well as the extent to which it is to be a dispute or other legal matter

discussed and decided by the Court and how to dispute or other legal matter

the Court decided.



(3) to the application, the applicant must attach a copy of the decision of the administrative

authority and the documentary evidence which it invokes.



section 246a



cancelled



sec. 246b



cancelled



§ 246c



cancelled



the title launched



§ 247



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

administrative authority. By default this period cannot be waived.



(2) the action is inadmissible if the applicant has not used in the procedure before the

an administrative authority to the proper remedies or if it applied

the proper remedies were not by the administrative authority for tardiness

discussed.



§ 248



(1) the filing of an action does not have suspensory effect on the legal power or to

the enforceability of the decision of an administrative authority.



(2) the Court at the request of the Prosecutor shall defer



and the enforceability of the decision of an administrative authority) until the final

the decision on the application, if the communicating enforcement

administrative authority threatened serious injury to the claimant,



(b)) the legal power of the administrative authority's decision until the decision

on the application, if the applicant is severely compromised in their rights and deferral

shall not affect rights acquired inappropriately by third parties.



(3) postponement of legal authorities or the enforceability of the decision of the administrative authority

the Court's own motion revoked once it is shown that the reasons for the

that was enabled.



The head of the third



To the action



The jurisdiction of the



§ 249



(1) unless otherwise stipulated, are to the proceedings at first instance

the district courts.



(2) regional courts decide as courts of first instance in cases of the deposit

rights to immovable things.



§ 250



(1) unless otherwise stipulated, the locally competent management



and the General Court of the party), which has been, or by design, the application to the

administrative authority should be imposed the obligation to carry out,



(b)) the General Court of the Party on whose proposal was to the proceedings before the administrative

Authority initiated, if there is no jurisdiction pursuant to point a),



(c)) the Court, in whose district is the seat of the administrative authority of dispute or

other legal case decided, if it is not in accordance with the jurisdiction)

or (b)).



(2) where the proceedings Involved before the administration rights to immovable property is

to control the locally competent court always, in whose district the immovable thing.



§ 250a



Parties to the proceedings



(1) the parties are the applicant and those who were participants in the proceedings

before the administrative authority.



(2) when the Court finds that the proceedings shall not take part in someone who is referred to in

paragraph 1 of its resolution, it picked up the slack by the participant in the proceedings. Against the

This order is not appealable.



Discussion of actions



§ 250b



(1) in an action are linked to a common control to the next action, which

have been filed in the case, about which the administrative authority decided the same decision

before the Court of first instance about her decision.



(2) in the course of the proceedings before the Court may not be changed, the circle of what

He was here at the time of the decision of the administrative authority; This does not apply if there is a

proceedings before the Court the procedural succession (§ 107 and 107a).



(3) the proposal, decided the administrative authority may not be in the course of proceedings

before the Court has changed.



§ 250 c



(1) in preparation for the negotiations, President of the Chamber also asks of the administrative

authority of the needed files.



(2) a copy of the complaint, the Court also delivered to the Administrative Department, that of dispute

or other legal matter decided, and allow him to make an application in writing

comment.



(3) the provisions of Section 114b shall not apply.



section 250 d



(1) the parties may indicate the relevant facts about the merits of the case and

Mark evidence to demonstrate no later than the end of their preparatory

negotiations, where appropriate, to the end of the period, that they were given to the

supplement the claims about facts relevant to the case, to submit proposals for the

the taking of evidence or to meet other procedural obligations (section 114c)

or, if ordered and carried out the preparation of negotiations, to the end of the

the first meeting to be held in the proceedings before the Court; to later

above and evidence shall be disregarded. This does not apply in the case of

facts or evidence which is to be called into question the credibility of the

carried out by the evidence, that occurred after the first hearing, or

that the participant could not provide in a timely manner without their guilt, as well as of the facts and

the evidence provided by the participants after one of them was asked to

Supplement facts under section 118a of the paragraph. 2.



(2) the limits referred to in paragraph 1 shall not apply in the event that the parties were not

properly instructed, pursuant to section 114c paragraph. 5 or, if ordered and

stage of negotiations, the Court did not give them lessons on the obligations

referred to in paragraph 1 and of the consequences of failure to comply with these obligations by

in the summons to attend a hearing on the matter.



§ 250e



(1) the Court is not bound by the facts, as found by the administrative authority.



(2) the Court may take their also the findings of the administrative authority.

The ability to repeat the evidence made before the administrative authority is not affected.



§ 250f



The Court shall, within the limits in which the plaintiff sought the rehearing


a dispute or other legal matters in proceedings before the Court. This range is not

bound,



and if the administrative authority) of proceedings without a draft,



(b)) in the case of such common permissions or obligations that the decision

must apply to all attendees who are their holders,



(c)) where it is clear from the legislation a specific method of settlement of the legal

the ratio between the participants.



Chapter four



The decision on the application



§ 250 g



(1) the Court rejects the claim,



and) if submitted late



(b)) was made by someone who is not entitled to the application,



(c)) is inadmissible.



(2) the decision referred to in paragraph 1 may not be ordered to conduct.



section 250 h



(1) the participant to whose proposal has been brought before the administrative

authority may take proceedings before a court in the course of this proposal, and it

whole or in part.



(2) if taken back the proposal, which has been brought before the administrative

authority, and with the consent of the other participants in this by withdrawing the application

proceedings, the court proceedings, where appropriate, to the extent of completely discontinuance

stops. The negotiations may not prescribe.



(3) if the Court Stops the proceedings referred to in paragraph 2, the decision shall cease to

the effectiveness of the administrative authority, in so far as the Court is prejudice.

Listed results in must be included in the operative part of the resolution terminating the proceedings.



§ 250i



The Court shall reject the action if it concluded that the administrative authority's decision to

a dispute or other legal things correctly.



§ 250j



(1) if the Court concludes that a dispute or other legal matters should be

otherwise decided, than decided to the administrative authority shall decide on the merits

judgment.



(2) judgment of the Court in accordance with paragraph 1 is replaced by the decision of the administrative

authority to the extent to which the judgment of the Court. This

result must be included in the operative part of the judgment.



§ 250 k



If the Court stops the proceedings relating to the action for reasons other than those referred to in section

250 h, or if he refuses a claim or reject the action, remains

decision of the administrative authority intact.



the title launched



section 250 l



Replaced by the judgment of the Court, at least in part, the decision of the administrative authority

(§ 250j (2)) or ceases to have the decision of the administrative authority, at least

in part, its effectiveness (section 250 h (3)), the Court again on compensation

the costs incurred in the proceedings before the administrative authority if

It was in this procedure for refund has been made.



§ 250 m



cancelled



section 250n



cancelled



§ 250o



cancelled



§ 250 p



cancelled



§ 250q



cancelled



§ 250r



cancelled



§ 250s



cancelled



§ 250t



cancelled



PART SIX



Enforcement of judgments



Head first



Regulation and enforcement



Assumptions of enforcement



§ 251



(1) if the debtor fails to comply voluntarily, he imposes an enforceable decision,

an authorized to lodge a petition for judicial enforcement of a decision. Court orders and

performs the execution of the decision, with the exception of the title, which is performed in a

administrative or tax proceedings.



(2) If a court application for enforcement of the title, which shall be carried out in

Administrative and tax proceedings, the Court rejects the proposal.



§ 252



(1) unless otherwise provided, is responsible for the regulation and implementation of the performance

the decision, to the activities of the Court before a regulation enforcement and to

the Declaration of assets of the ordinary court of the principal.



(2) does not have a mandatory General Court or the ordinary court is not in the Czech

Republic, the regulation and the enforcement competent court,

the area in which the debtor's assets; in the case of enforcement of a decision the commandments

claims, the General Court of the debtor's bank or other

mandatory, where applicable, the Court in whose area the foreign debtor

the debtor located in the Czech Republic your race or organizational folder

their race.



(3) instead of the ordinary court of the statutory regulation and the implementation of the performance

decisions and to the activities of the Court before a regulation enforcement

the competent court, in whose district has a minor on the basis of the agreement of the parents

the Court's decision, or, where appropriate, of other relevant facts, their

residence, in the case of enforcement of a decision for the recovery of maintenance for the minor

of the child.



(4) instead of the ordinary court of a mandatory and the Court referred to in paragraph 3 is

to the regulation and implementation of the enforcement of a decision by the competent court,



and) in whose district the is race (part of the plant), in the case of enforcement of a decision

handicap race;



(b)) in whose district the immovable thing, where the execution of the decision real estate

things, if there is no jurisdiction pursuant to point a).



(5) the Court with jurisdiction in accordance with paragraph 3 may after a final performance regulation

the decision for compelling reasons to migrate its territorial jurisdiction to another

the Court, if it is in the interest of the minor. If the Court to which it has

jurisdiction transferred, migration, refer the matter to the

the decision, if the question of the transfer of jurisdiction was not already determined

the Court of appeal, the superior court; by the decision of this Court is to

bound and court jurisdiction.



§ 253



(1) enforcement of a rule without hearing the Court will order the debtor.

Possible to the hearing must not be thwarted by the purpose of the compulsory enforcement of the decision.



(2) the Court shall order the hearing only if it considers it necessary or if it

the law.



§ 254



(1) on the enforcement of the provisions of the preceding sections shall be used,

If not otherwise stated in this section. However, decisions by the resolution.



(2) for the enforcement of a decision cannot stay the proceedings on the grounds referred to in

part three of this law and waive the deadline. Also, you cannot submit

an action for the recovery of the enforcement of decisions; an action for annulment may be brought

the only reason referred to in section paragraph 229. 4.



(3) in the exercise of the Court's decision gives to the participants, as well as other

persons concerned by the execution of the decision is concerned, lessons about their procedural

rights and responsibilities.



(4) in its resolution, by which the court orders the execution of the decision, shall be indicated the lessons on

the fact that the appeal will not be listed in any of the grounds for

the enforcement order, the Court of appeals rejects appeal.



(5) an appeal may be to introduce new facts and evidence. Against the resolution on the

enforcement can be argued only those facts which are for

Enforcement applicable; the Court of appeal to the other

information shall be disregarded and the appeal containing only such reasons for the declines.



(6) in the notice of appeal may be given new facts and evidence.



(7) unless otherwise specified in this part, when deciding on the appeal

lodged against the resolution, which was decided on the proposal for a regulation

enforcement of the decision, on an application for suspension of the enforcement of

the proposal to stop the enforcement of a decision pursuant to section 268 paragraph. 1 (b). a) to

(f)), about the price of sold immovable property (§ 336a) or plant (section 338n), and

Escrow conduct Regulation (§ 336b, and 338o), the decision of the Court

of first instance annul only under section 219a para. 1. the investigation or

evidence which are necessary to confirm or change the order of the Court

of first instance, the Court of appeals will perform either alone or through

Court of first instance or of the requested court.



(8) do not need to hear the appeal of directing the negotiations, even if only

If the appeal does not perform the investigation of inquiry or

If the Court of first instance decided, in accordance with the law without regulation

the negotiations; This does not apply if the appeal has been lodged against the order of the Court

first instance judgment issued in the matter of stopping power of decision, pursuant to section 268

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



Parties to the proceedings



Section 255



(1) parties to proceedings are entitled and the enforcement of decisions is required.



(2) the party to the proceedings is also the husband of the debtor, if the performance

decision been suffering from his property or assets jointly owned

the spouses.



§ 256



(1) against another, than who is marked as required in the decision or in the

benefit of another, than who is marked as a legitimate decision, you can

to order and carry out enforcement only if it is established that the

It passed the obligation or right of decision.



(2) Transition obligation or law can be justified only by the Charter is dated

or certified by a State authority or a notary public, if it does not ^ 76) directly

of the legislation.



Enforcement measures



§ 257



To order and carry out enforcement can only be specified in this

the Act.



§ 258



(1) the performance of the decision imposing the payment of an amount of money can be made

deductions from wages, debts, management precepts of immovable property,

the sale of movable and immovable property, plant, and the establishment of a disability

a judicial lien to the real things.



(2) the performance of another obligation than the decision imposing the payment of a

an amount shall be governed by the nature of the obligations imposed. It can be done

clearing out, removing things, the Division of the common thing, by doing the work

and performances.



(3) the enforcement of the lien sale for secured debt

make the sale of the pledged movable and immovable property, things

volume and file things commandments pledged monetary claims and

disabilities pledged other economic rights.



The activities of the Court before a regulation enforcement



section 259



If so requested by the creditor before the application for enforcement of a decision or

When submitting this proposal and, if it thinks fit, the President of the Senate


summon the principal and ask him to voluntary compliance, which

under the decision.



§ 260



(1) with regard to 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

by State authorities.



(2) on the request of a participant to whom the decision grants the right to the payment of

an amount of money, the Court will ask who is the payment of an amount of

saved that and from whom he receives salary or other regular income,

where appropriate, for which banks, branches of foreign banks or savings and

credit cooperatives ^ 77), electronic money institutions, foreign

an electronic money institution, the Publisher of a small electronic money

the extent of the payment institution, the payment institution or foreign

the payment service provider of a minor nature (the "cash

the Institute ") has its own accounts and what are the numbers of those accounts, or other unique

^ identifiers 77a).



(3) the Court is obliged to reply when consulted, within one week of delivery

the query. Fail to comply with this obligation or if in response to false

or incomplete information, the Court may impose fined (§ 53).



Statement of assets



§ 260a



(1) who has conferred decision enforceable monetary claim,

the Court may, before the application for enforcement of a decision to propose that

call the principal and asked him to the Declaration of assets.



(2) is not a mandatory fully enjoys or if compulsory village, higher

territorial self-governing body or legal person designates licensed pursuant to

options for persons who need to be vetted (section 260c).



§ 260b



(1) the proposal for the Declaration of assets will match only if

true to the draft of the Charter, stating that his claim was not, or

could not be even with the use of the Court pursuant to § 260 met performance

the decision of the commandments of the debtor in the account receivable financial institution, and

copy of the decision, provided with confirmation of enforceability or

any other deed necessary for enforcement; a copy of the

the decision does not need to connect to, if a proposal submitted to the Court that

about the case as the Court of first instance.



(2) the application for a declaration of assets cannot be accepted



and if) takes place, in which the insolvency proceedings are dealt with bankruptcy or threatened

the decline of the compulsory ^ 53 c) and for the duration of the effects of the moratorium on asset

compulsory,



(b)) was introduced for the mandatory administration by a special Act.



§ 260c



(1) if the mandatory, fully enjoys the Court instead of the debtor's summons

legal representative or guardian.



(2) if the principal municipality or higher territorial self-governing unit, the Court

summon who is entitled under a special law is to represent

outwardly.



(3) If a mandatory legal person, the Court shall invite the person who is the

a statutory body; If the scope of the statutory authority, more

people next to each other, the Court will summon any of them. If the statutory

the authority consists of several persons, the Court shall invite its Chairperson; If this is not well

possible, can summon any member of this body, which is entitled, under

a legal person to act. For legal entities in liquidation the court summons

the liquidator.



(4) a person who has been summoned to the statement of assets, is obliged to

appear before the court personally.



§ 260 d



(1) the summons to a statement of assets must include the purpose of the hearing and

lessons about the consequences if the statement will be rejected, or if the

It will be presented a false or grossly distorted information. ^ 78)

If the Court considers it appropriate, it shall invite the debtor of his legal

Representative, a guardian, or the person making the Declaration for the village, higher

territorial self-governing body or legal entity (hereinafter referred to as "the defendant"),

to submit a list of the debtor's assets, containing the information referred to in §

260e para. 2, where the property title deeds.



(2) the summons shall be served on předvolanému into their own hands. The summons

It must be delivered at least ten days before the date of the hearing.



(3) If a person who has been duly summoned, the Court fails to appear without

timely and reasonable excuses, will be brought to court; shall be

defendant instructed.



§ 260e



(1) before the commencement of the hearing, the Court summoned prompts to complete and

true information about the debtor's assets, and will learn about the consequences of

failure to meet this obligation and of the consequences of denying statements. ^ 78)



(2) the Declaration of assets of the defendant is required to provide



and) payer's wages or other income deductions from wages and slow

the amount of the claim,



(b)) of the Constitution, for which cash has accounts, the amount of receivables and account numbers or

other unique identifiers ^ 77a),



c) borrowers, which has other pecuniary claims, the reason and the amount of such

accounts receivable,



(d)) of the person to whom it has other property rights, their reason and value (§

320),



e) movables (co-ownership share to them) the compulsory and where,

or who are found; the same applies to the schedules referred to in §

334 and the Securities and uncertificated securities,



f) immovable property (co-ownership share to them) the debtor,



g) principal and part of the race and where it is located.



(3) a statement of assets referred to in paragraph 2, the court draws up a protocol;

list of assets, which shall submit to the defendant, are annexed to the Protocol,

If the defendant States that he has the full and true information, or

If this list to the log. The Protocol shall

the contents of the lessons provided by the Court (paragraph 1) and the express declaration

summoned to the effect that in a statement said only a full and truthful information about the

the assets of the debtor. The Protocol shall be signed by the judge, the writer and the defendant.



(4) the Acts of the Court under this provision may make only the judge.



§ 260f



(1) on the hearing of the Permanent Court shall inform the authorized; the person entitled may

předvolanému ask questions only with the consent of the Court.



(2) any person who has an enforceable decision granted to the debtor

pecuniary claim, can access to the file on the Declaration of assets

compulsory and make extracts and copies.



§ 260 g



(1) the Court shall waive the statement of assets, if the debtor prior to the

the start of the hearing established that the claim of the creditor has complied with the

(to satisfy), or if he took before the hearing

its proposal.



(2) If an authorized during the hearing, that does not insist on it, to

defendant claimed another debtor, the Court in hearing

Permanent further does not continue; in the Protocol shall indicate only the assets

the debtor which is summoned to the Declaration authorized.



(3) has made a mandatory declaration of their assets at the time of 6 months ago

filing of the application (section 260a (1)), the Court shall invite to the new mandatory

the Declaration only if it transpires that the matrimonial property regime

the debtor has changed; This does not apply if the interrogation was summoned to appear

terminated in accordance with paragraph 2.



§ 260h



Mandatory legal proceedings concerning the debtor's assets, which he made after the

What was the předvolanému delivered the summons to a statement of assets (section

260 d), are ineffective against the creditor.



Regulation enforcement



§ 261



(1) the execution of the decision may be ordered only on the proposal of the entitled party. In the proposal on the

enforcement of a legitimate social security number mandatory, if known to him.

In the proposal on the performance of the decision imposing the payment of an amount of

legitimate means by which to be enforcement of the decision is executed.

Proposes a legitimate enforcement of wages, marks in

the proposal, to whom the debtor has a claim on the wage (the wage payer).

Proposes a legitimate enforcement of account receivable in the commandments

financial institution, the financial institution in the design marks, account number, or other

unique identifier of the ^ 77a), out of which the claim is to be debited, and

account number authorized by financial institution; If the legitimate

multiple accounts at the same financial institution the debtor, indicate the order in

which of them is to be receivable written off. If a legitimate performance suggests

the decision of the Bank other monetary claims shall be marked in the proposal, a person

in respect of which the debtor has a claim (the debtor), and shall state the reason

accounts receivable.



(2) the application for enforcement of a judgment it is necessary to attach a copy of the

the decision, provided with a certificate of enforceability. Confirmation of

enforceability shall endorse the decision of the Court about the case as

Court of first instance. Copy of the decision do not need to connect to, if

the application for enforcement lodged with the Court that the case

as the Court of first instance.



(3) where a legitimate proposal for enforcement in court, that the matter

decisions as the Court of first instance, the Court confirms the enforceability of

decision on the proposal, and if it is not itself competent to execute the

the decision, forward the proposal to the competent court.



(4) the decision of the Council, the Commission or the Court of Justice of the European communities

(hereinafter referred to as "the decision of the institutions of the European communities") imposing

obligation relative performance shall include, in accordance with the law

Of the European communities clause ^ 78a) enforceability, authority

to be determined by government regulation.



section 261a




(1) the execution of the decision may be ordered only if the decision of the

designation of authorized and obliged entities, the definition of the scope and content of

obligations, which was designed, and enforcement determination

the time limit to comply with the obligations.



(2) if the decision of the Court does not specify the time limit to comply with the obligations

It is considered that the obligations imposed by decision must be met within three

days and, in the case of vacating the apartment, within 15 days of final

decision.



(3) in order to comply with an obligation under decision more mandatory and if the

divisible performance, obligation, unless the decision provides otherwise,

they are committed to meet all required equally.



(4) the provisions of paragraphs 1 to 3 shall not apply in the case of a resolution on regulation

the sale of the collateral. Execution of this decision may be ordered if the application contains a

designation of authorized and obliged entity, collateral and the amount of the secured claim

and its accessories.



§ 262



(1) if it is, what decision the debtor, subject to the fulfilment of the

conditions or to the fulfilment of the reciprocal obligations of the authorized or limited

accompanied by the time, you can order the execution of the decision, only if it proves true,

that condition is fulfilled, his mutual obligations to the debtor

already has met, or is ready to meet it, or that it's documented

the time.



(2) in the cases referred to in paragraph 1 shall be to confirm the

enforceability of the decision instrument issued or certified to connect

a public authority or a notary, ^ 76) from which it can be seen that it has fulfilled the

the condition that the creditor has fulfilled its obligation to each other, or is

ready to meet it, or that it was documented time.



section 262a



(1) before a regulation enforcement on assets jointly owned

the spouses, the Court finds that it is in the list of instruments of matrimonial property

mode according to the notarial regulations administered by registered contract of matrimony

securities scheme or a court decision on cancellation of common property

spouses, the renewal of its existing or narrowing the scope, or

the agreement or court decision about changing the agreed mode or

established by a court decision.



(2) the Court in the enforcement order is based on the content of the Charter by

paragraph 1, if the debt obligation arising from pry out after its

writing to the list of documents relating to the matrimonial property regime or in the case of

pry the debt obligation arising prior to its entry in the List

documents relating to the matrimonial property regime and spoke with the consent of the

legitimate. If you cannot figure out the title for the execution of the decision or of the

the instruments referred to in paragraph 1, that the obligation was incurred after the registration of the Charter of the

List of documents relating to the matrimonial property regime, it shall be deemed that the obligation

originated prior to the registration of the Charter to the list of instruments of matrimonial property

mode.



(3) in other cases, the enforcement order and on the assets,

which does not constitute part of the joint property of spouses only because it was

the legal regime of marital property is changed.



(4) in the case of pry out of debt, which belongs to the joint property of spouses,

or the debtor for a debt that you can order the execution of a decision on the assets

in the joint property of spouses, the lead enforcement commandments

the claim of the husband's account at the financial institution of the compulsory.



§ 262bs



(1) if the decision affected assets jointly owned

the assets of the spouses or a spouse of a compulsory to a greater extent than

a special law, or if it cannot be a decision

affect, the husband of a mandatory stop in this part of the claim

enforcement of the decision. Must be instructed by the Court.



(2) the decision of the husband's account receivable arising from the precepts of the statutory

will be stopped if they are not on it or from stored funds

that would otherwise belong to the joint property of spouses. Unless it is shown

to the contrary, it is considered that the funds on the account debtor's husband would

belong to the joint property of spouses.



§ 263



(1) enforcement may be required only to the extent authorized

He designed and which according to the decision just to his satisfaction.



(2) where an authorized to pry their pecuniary claims performance

the decision in several ways at the same time, although it would satisfy the

Apparently he had only one of them, the Court shall authorise enforcement only

by the way, that is enough to satisfy the creditor.



(3) if the decision is exercised, in which the creditor

granted the right to repeated doses and if enforcement

deductions from wages are not sufficient to pay such benefits, enforcement

requires a different way of enforcement to the extent of the sum of these

of performance, and in the case of benefits for an indefinite period, then to the extent to

five times the annual performance. The authorized court of benefits shall be paid as soon as the

become due.



§ 264



(1) where the legitimate enforcement of the decision in a way that is probably

inappropriate, particularly given the disproportionate amount of creditor and

the price of things, from which you will meet that claim achieved, the Court may

to order, after hearing the claimant, other appropriate enforcement

way.



(2) the Court shall reject the application for enforcement of a decision, if it is already in the draft

clear that the proceeds, which would have been achieved, nor to cover nepostačil

the costs of enforcement.



The enforcement



§ 265



(1) after the writ of the Court will take care about its implementation.



(2) the enforcement debtor, subject to the

a decision regarding the securing of issued in criminal proceedings can be made only after

prior consent of the competent authority participating in criminal proceedings.



(3) the individual tasks in the implementation of enforcement can do

an employee of the Court (bailiff), if so provided by law or special

legislation, or to him by President of the Senate; When your

activities are guided by the instructions of the President of the Senate. Refrain from the further implementation

enforcement of decisions without the President of the Chamber, the executor may only

When with the consent of an authorized or required to, voluntarily,

He stores the decision.



(4) if necessary, to the executor in connection with acts of performance

the decision brought an action or other proceedings in the Court or

another authority, it shall do so on behalf of the State.



§ 266



(1) on a proposal from the Court may postpone the implementation of enforcement, if the

mandatory without their guilt was temporarily in a position that would

the immediate enforcement of the decision might have for him or for his

families especially adverse consequences and the legitimate exercise of deferral would not be

the decision severely damaged.



(2) the motion, the Court may postpone the implementation of a mandatory performance

the decision, if it can be expected that enforcement will be stopped (para. 268).



§ 267



The right to property, which does not allow execution of the decision, can be invoked against

authorized a proposal for the exclusion of property from the enforcement of decisions in proceedings

According to the third section of this Act.



section 267a



(1) according to the third part of the Proposal is to be applied to the creditor denial

authenticity, above, group or order some of the debts enrolled for the

proceeds or otherwise uspokojovaných in the performance of the decision there,

where enforcement was ordered deductions from wages, commandments

receivables or other rights and/or sales of movable assets, administration

immovable property, the sale of immovable property or disabilities of the race.

Unless the thing belonging to the jurisdiction of the Court (section 7 (1)), shall decide on the

the authenticity of the claim or the amount of administrative or other authority.



(2) the decision on the proposal referred to in paragraph 1 is effective against all

legitimate, against the debtor's other creditors who participate in the procedure for

enforcement, and against the debtor.



§ 267b



(1) the enforcement of a decision on the payment institution's assets, foreign

the payment institution, the payment service provider of a minor nature,

external payment service provider small, institutions

electronic money, electronic money institutions, foreign

small e-money issuer or foreign

the Publisher of electronic money are not subject to small scale cash

the resources that the users of payment services to these persons entrusted

execution of a payment transaction, or cash, the

the adoption of electronic money have been released, or assets, that such persons under the

These funds acquired ^ 79a).



(2) the enforcement of decisions, which is been suffering from assets in the Trust Fund,

is not subject to the assets of the trustee. This does not apply in the case of performance

the decision was imposed a fine of svěřenskému managers have won in the

enforcement proceedings under the first sentence or the execution of the decision,

which was to svěřenskému the administrator in the proceedings referred to in the first sentence, saved

pay the costs caused by its fault or that

arose by accident, that happened to him.



Stopping power of decision



§ 268



(1) enforcement will be stopped if



and he was ordered, though), the decision has not yet happened enforceable;



(b)) decision, which is the basis of performance, performance regulation

cancelled or has become ineffective;



(c)) to stop enforcement of the decision suggested by the one who suggested its regulation;




d) enforcement affects the things that are out of him under section 321 and 322

excluded or property from which you cannot merely claim

to satisfy;



(e)) the progress of the enforcement of the decision shows that the proceeds, which it will

achieved, will not be enough even to cover his costs.



(f)), it was finally decided that the execution of the decision affects asset for

which anyone has the right to not admitting of enforcement (§ 267);



g) after a decision has been terminated the right to it, unless they were granted this

enforcement of a decision already made; If the law granted judgment for

by default, the execution of the decision stopped, even if the right

died before the release of this judgment;



h) enforcement is not acceptable, because there is another reason for which

the decision cannot be enforced.



(2) enforcement will be stopped even if if the debtor has made

from the enforcement of monetary claims authorized the reduction provided for by specific

^ regulations 35a) and did this reduction to the competent authority, and to the extent

in what was required to make this deduction.



(3) the enforcement of the lien sale will be stopped if the

If a lien has been terminated.



(4) If a mandated enforcement one of the reasons to stop

only in part, or if the execution of the decision be enforced in broader scope than

which is enough to satisfy the creditor, enforcement will be stopped

partially.



section 269



(1) compulsory enforcement stops or on the proposal of the Court's own motion.



(2) in the cases referred to in § 268 paragraph. 1 (b). g) and (h)) is decided

as a rule, after previous negotiations.



(3) as the reason for stopping the execution of a judgment cannot be applied, the

the circumstances applicable to the amount and duration of benefits or payments (section

163).



The cost of enforcement



section 270



(1) together with the regulation enforcement saves the Court's obligation to

reimbursement of costs of enforcement, without setting a deadline for their

payment. Enforcement also applies to these costs.



(2) the Creditor is entitled to reimbursement of all reasonable cost performance

decision.



(3) the enforcement Costs paid by the State. The creditor,

which are the conditions for exemption from court fees, the Court may

Save to provide an advance on the costs of enforcement; otherwise,

court enforcement stops.



(4) for the reimbursement of the costs of enforcement and shall apply the provisions of § 147

up to 150.



§ 271



If ordered to stop enforcement of the decision, the Court will decide

the refund of the costs incurred by the participants in the implementation of the enforcement of decisions,

Depending on the reason to stop the enforcement of a decision was made. Can

also cancel has not yet issued a decision on the costs of enforcement, where appropriate,

Save the creditor to return him to the performance cost

the decision has already paid.



the title launched



§ 272



cancelled



§ 273



cancelled



§ 273a shall be inserted



cancelled



§ 273b



cancelled



Application of the provisions on the enforcement of the decision



§ 274



(1) the provisions of § 251 to 271 shall apply with the exception of section 261(a), para. 2 and 3 and

on the performance of



and enforceable court decisions) and other bodies active in criminal

If you recognize the right of control or affect assets;



(b)) in the administrative courts of enforceable decisions of the judiciary;



(c) the decision of the Arbitration Commission of enforceable) and settlements they have approved;



(d) the decision of the Government of enforceable notarial offices) and agreements by them

approved;



e) notarial registrations for enforceability of commitments listed under the

Special Act; ^ 80)



(f)) of enforceable decisions and other enforceable instruments of public

power;



(g) the decision of the institutions of the European communities); ^ 78a)



(h) other enforceable decisions) approved settlements and documents whose

judicial performance permitted by law;



with the exception of the title, which shall be exercised in the administrative or tax proceedings.



(2) the provisions of § 337 to 337h shall also apply for the purposes of rozvrhového

control of the proceeds of the tax execution ^ 80a) carried out on the basis of the proposal

the tax administrator.



§ 275



(1) Confirmation of enforceability shall affix decision, where appropriate, other

enforcement order the authority that issued it, the settlements and agreements then the

approved by the authority.



(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.



(3) the Court before stopping the enforcement of decisions in the cases referred to in §

274 usually will require representation of the authority that issued the decision,

or another enforcement order, or who approved the settlement or agreement

whose performance goes.



The head of the second



Deductions from wages



The range of precipitation



§ 276



Deductions from wages may be carried out to the extent of a decision to be enforced

accounts receivable with accessories.



§ 277



(1) a Deduction shall be made from the net wage, which is calculated from the

the advance shall be deducted wages for income tax withheld on the income of natural persons from

dependent work and emoluments on retirement savings, insurance,

social security contributions, contribution to State policy

employment and health insurance premiums (hereinafter referred to as

"deducted amounts"). Deducted the amounts shall be calculated according to the conditions and rates

applicable to compulsory in the month, for which net pay checks.



(2) the net pay will be included and net remuneration for secondary activity,

which the employee carries out there who is in employment.

However, the amounts granted to it to pay the costs of

associated with the performance, especially when you travel.



§ 278



The debtor must not be deducted from the monthly wage base amount; ways

its calculation laid down by the Government of the Czech Republic (hereinafter referred to as

"nezabavitelná").



§ 279



(1) of net pay, which remains, after deducting the amounts and nezabavitelné

shall be rounded down to the amount of divisible by three, and expressed in

whole crowns, can knock down to pry out the claims authorized only one

one-third. To give priority to the claims referred to in paragraph 2 are precipitated two

thirds. Preferential claims to meet the first of the second period and

only if this is not enough, one-third of their pay, together with the

other receivables from the first period.



(2) Priority claims are



and) maintenance claims,



(b) the compensation of the injury) claims the victim bodily harm,



(c) compensation for injury) claims of intentional criminal offences,



d) accounts receivable taxes, fees, and other financial transactions,



e) refund overpayments on benefits of sickness insurance and

pension insurance,



f) accounts receivable insurance to social security contributions to the State

employment policy and health insurance claims

insurance,



g) allowance for the compensation needs of the child entrusted into foster care,



(h) the refund overcharged) claims support for unemployment benefits and support

in case of retraining,



I) claims compensation overpayments on State social support benefits,



j) claims damages under the Act on sickness insurance,



to claim compensation, salary) salary or remuneration and the reduced salary or

the reduced remuneration provided in the first period of 14 calendar days, and from the

1 January 2011 to 31. December 2013 in the period of the first 21 calendar days

temporary incapacity or quarantine.



(3) the Government of the Czech Republic lays down the amount of regulation, above which collide

the rest of the net salary calculated in accordance with paragraph 1, the first sentence without restriction.

The following identified fully zabavitelná of the rest of net pay will be added to the

the second third of the rest of the net pay to the extent that is needed to

the satisfaction of priority claims; the remaining part is in addition to the first

third.



§ 280



(1) if there are deductions from wages made to pry several claims

to satisfy the claims of the first third of the rest of the net pay

According to his order, regardless of whether it is a preferential claims

or on the other.



(2) If, under section 279 paragraph 2. 1 deductions from the second third of the rest of the

net pay, will satisfy it without regard to the sequence of first claims

maintenance, and only then by the order (paragraph 3) other priority

accounts receivable. May not be sufficient if the amount deducted from the second period to meet the

all claims satisfy the first regular maintenance of all

authorized and outstanding balances for the previous period, according to the ratio of the

normal maintenance. If, however, the amount withheld from the second third of the

covered or common maintenance of all authorized, distributed among them the amount

deducted from the second period in proportion to the amount of regular maintenance, regardless of

the amount of the arrears.



(3) ranking of claims shall be governed by the date on which the wage payer delivered

regulation enforcement. He was delivered on the same day of the regulation

enforcement for several claims, such claims have the same

the order; It is not enough if the amount attributable to them to their full satisfaction,

quite satisfied.



§ 281



Carry out deductions from wages to a greater extent than permitted by the provisions of the

This Act is not permitted, even if the debtor consents.



Regulation and implementation precipitation



§ 282




(1) in the writ, the Court shall order the payer of wages, so that after that,

When he arrived, carried out the execution of payroll statutory

set out deductions and whether the amounts withheld to the debtor.



(2) the Court shall deliver the writ to the creditor, the debtor, and

the payer of wages. The debtor and the payer of wages is delivered into their own hands.



(3) the debtor loses the date on which it is served on the regulation of wages to the payer performance

the decision or the resolution containing the notification of the writ of

decision (article 294, paragraph 3), the right to payment of that portion of pay that

corresponds to the amount of precipitation.



§ 283



As soon as it comes into law enforcement, shall inform the Court of

the payer's wages, which is then obliged to pay to the creditor the amount

withheld from the wages of the debtor.



§ 284



(1) the payer pay stop make deductions as soon as the claim is

legitimate demands are met (para. 276).



(2) if the decision is exercised, in which the creditor

entitled to the recurrent benefits covered by the regulation performance

the decision and the benefits that will become due in the future.

The same applies, if the decision compulsory pay cash

the amount in installments.



(3) If, during the execution of a decision of such change the judgment pursuant to §

163, which depends on the increase of the maintenance, the performance regulation

decision on all amounts increased maintenance; increased maintenance has

the same order as the rest of the claims.



§ 285



(1) if the payer's wages shall be paid monthly wages twice (as a backup and

Bill), it may make appropriate deductions to the debtor already from a backup.

However, the payment of the authorized deduction to always does the expiry of the relevant

of the month.



(2) If a writ served on the payer to pay up after that,

When was already part of the monthly salary paid to the debtor, to disregard

you made the payment and deductions shall be carried out as if the debtor had the whole

the Moon right only on wages, which he was not paid.



§ 286



If the payment of the wages owed for several months at a time, you must

calculate the precipitation for each month in particular.



§ 287



(1) if the creditor agrees with the obligatory, that it is satisfied with the lower

precipitation than provided for in § 277 to 280, and if both the Court shall invite the

the Court of the payer of wages to the payroll deduct a monthly amount, only the debtor is

the authorized content, does not exceed this amount in the

pay period permissible amount of deduction under this Act.

If it exceeds, it performs a payer's wages in the applicable pay period

the deduction only to the extent permitted by the provisions of section 277 to 280.



(2) the Creditor may at any time notify the Court that their agreement with the application of

lower deductions under paragraph 1 refers. The Court shall notify the debtor

and the payer of wages.



(3) a court Challenge to the implementation of the lower deduction shall cease to be effective on the date

is the payer of wages received for more regulation of the enforcement of

the wages of the debtor or notify the Court that authorized consent appealed

with the implementation of lower precipitation. From this day performs the payer pay deductions

under former regulation performance of the decision in its entirety.



§ 288



If requested by this payer's wages, the authorized or required, the Court will determine what

amount to be in the appropriate pay period payroll mandatory withheld,

and if more, how many of her falls on each of them.



Delay and stopping power of decision



§ 289



(1) if the Court Allows the postponement of execution of a judgment pursuant to § 266 paragraph. 1,

the payer does not pay mandatory deductions from the wages of the date on which it was

delivered a resolution on authorisation of grace until he delivered the command

Court to in rainfall would continue.



(2) if the Court Allows the postponement of execution of a judgment pursuant to § 266 paragraph. 2,

performs a payer's wages deductions on, but is not paid to the creditor until the

the postponement of enforcement will not be canceled. If the Court stops the execution of the decision, shall be paid

the payer of wages withheld amounts to the debtor.



§ 290



(1) the Court, upon a proposal of the payer pay stop or a mandatory compulsory performance

the decision of pay when required for one year receive a

wage either at all, or at least at a level that it could be a collision

carried out.



(2) the Court may, on a proposal from the mandatory stop compulsory enforcement

deductions from wages are only made for deduction of normal

maintenance and it can be assumed that a mandatory due to their behavior and

relation to the work to fulfil the maintenance will be on voluntary basis.



The payment made to a precipitation



§ 291



(1) the payer shall pay the amount Withheld wages directly to the creditor. However, if the

be made to accommodate several claims, the precipitation can the payer

send the amount withheld wages of the Court which it lays out between legitimate and

performs the payment. Payer's wages is required to send the amount withheld

the Court, if at the request of one of the authorized court.



(2) the amount Deducted is required to be paid to the authorized payer's wages, even if the

myself has cash claim against him, which they otherwise could

set off.



§ 292



If the payer does not pay statutory deductions from wages in a timely manner,

where is smaller than specified range or not be paid if the precipitation

the creditor without delay after that, when he was served with notice that the

enforcement has authority or when reached for more

the monthly amount of the wages, the authoritative enforce against the payer of wages in court

the right to payment of the amounts should be deducted from the wages of the debtor.



Change of payer's wages



§ 293



(1) If, after the enforcement of the payer of wages, the

enforcement of wages and to wages mandatory for

the new bill-pay.



(2) a change of payer's wages and the payment of benefits under the Special

legal regulation of the District Social Security Administration. If the new

the payer of wages received from the previous Bill-pay documents required for

enforcement of wage, the provisions of § 294 does not apply.

The provision of section 295 shall not apply.



(3) the obligation to make deductions arises new payers already pay on the date of

from the debtor or from the existing wage payer becomes aware that a court

enforcement of the decision of the statutory pay and for what

accounts receivable; If you are going to know about these circumstances new payer's wages already

before him this obligation arises on the day on which it is served in accordance with resolution

§ 294 paragraph 1. 3. the order received by the claims authorized pursuant to section 280

paragraph. 3, remains her new even in the payer's wages.



(4) If a change to the payer under paragraph 2 in the course of a calendar

the month has been nezabavitelnou the amount in full, or in the lower

the amount does not exceed the amount of the wage, the amount the payer nezabavitelné

wages.



(5) if the wage for existing payer's wages reached above nezabavitelné

of the amount, the new bill-pay referred to in paragraph 2 shall deduct the wages (benefits

compulsory sickness insurance) in a calendar month an amount equal to

the difference between what the existing započetl payer's wages in a calendar

month, and nezabavitelnou. The existing payer's wages is required to these

the fact the new wage payers announce no later than the end of the calendar

the month in which occurs a change of payer's wages.



§ 294



(1) a person who takes employees to work, it is obliged to request from

him a certificate issued by the who last worked, about whether he was

enforcement decision of his wages, deductions from that Court and in whose

benefit. Such a certificate is required to each employer shall issue the

employees who stopped working with him; It similarly to the payer

other income (Article 299) from which they are made, if it was

their execution is terminated, although the claim is not met.



(2) if the one who joined the newly required to work, that was

enforcement of the decision of its payroll deductions, it shall notify without delay the

the Court that ordered the performance.



(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 wage.



§ 295



(1) if the mandatory work Ceased with the payer of wages, it must

report within one week of the Court which ordered the execution of the decision of rainfall

from wages. Within one week of the Court must also notify the debtor that

He took a job at another payer's wages.



(2) the payer of wages must notify the Court within a week, that has stopped

mandatory work. He shall also send the Court Bill reductions of wages

the debtor has made, and has paid, and shall notify the authorized court, for which the

debt enforcement was ordered deductions from wages and what order

have these claims.



§ 296



(1) If a payer fails to pay the obligation provided for in § 294 paragraph 1. 1 and

2 or § 295 para. 2, can be a legitimate claim to the payer of wages


has paid the amounts would have the right, if the payer's wages as referred to

the obligation to fulfil.



(2) for failure to meet the obligations specified in § 294 and 295 the Court may impose

the debtor and the payer of wages fined (§ 53).



Some payers pay



section 297



(1) if the debtor receives a salary from a few payers pay, the

enforcement on all his wages.



(2) deductions from wages is required to carry out each payer of wages from the date of

He was served with the writ.



(3) Entering a mandatory to work without leaving the existing

payer's wages shall apply mutatis mutandis the provisions of § 293, 294 and 296.



§ 298



(1) if the Court directs the implementation of the salary deduction pay few payers

Specifies what portion of them individually nezabavitelné amounts do not coagulate.

If the income of the debtor without reaching for a payer's wages or referred to

section nezabavitelné of the amount, the payer is required to notify the Court of this salary.

The Court then determines what portion of the amount each payer nezabavitelné

the wages of the clot. The Court may also determine, especially if they are made already

just for regular maintenance are carried out by only one of the payers of wages and

that others in the implementation precipitation has ceased.



(2) If several wage payers at the same precipitation, precipitation shall always

the Court. The Court will examine whether the amount deducted does not exceed the overall claim

authorized. Does not exceed it, pay the withheld amount

to the creditor. If it exceeds, the Court shall pay out of the withheld amounts

legitimate only so much, how many matches his claim, and the rest of the returns

to the debtor.



Deduction of other income



§ 299



(1) the provisions on the enforcement of wages shall apply to

enforcement deductions from the salary of the rewards from the agreement to

activities or contracts for work, remuneration for work or

business emergency, from the remuneration of the members of the Municipal Council of territorial

authorities and of the benefits of State social support and foster

care, that are not paid out in one lump sum. Deductions continue from

revenue that the principal be replaced by remuneration for work or are provided

next to it, which are



and) pay wages or salary,



b) sickness ^ 80b),



c) maternity benefit ^ 80b),



d) pensions,



e) scholarships,



f) unemployment benefits and retraining, support



g) compensation, where appropriate, similar services provided in the context of the

the termination of employment,



(h) the financial performance of the fidelity or) stability of the nature provided in the

the employment context,



I) compensation for loss of earnings for the period of temporary incapacity for work and

compensation for loss of earnings after the temporary incapacity for work,



j) the benefits resulting from the contract of výměnku under the civil code,



the contribution of soldiers from výsluhový) profession or members

security forces,



l) supplement to the pension to alleviate some of the grievances caused by

the Communist regime in the area of social and the supplement to the pension and

special contribution to income under the law governing the valuation of

participants in the national struggle for the liberation of Czechoslovakia and the formation and

some of the survivors.



(2) with regard to the enforcement of the pension deductions from the physical persons who

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 Institute. Enforcement of decisions regarding benefits

State social support and foster care, that are not paid

in one lump sum, you cannot perform the commandments of the claim.



(3) if the conditions laid down by the civil code, should not be

principal withheld from benefits provided under a provident contract

the amount that the debtor due to their conditions for their maintenance

desperately needs. The amount determined by the Court in a resolution on regulation

the enforcement of decisions; for its determination, the court orders the hearing.



section 300



cancelled



§ 301



If, in the provisions on the enforcement of wage talks about

the payer of salary, subject to the relevant provisions of the law and

natural person in respect of which the debtor has a claim on some of the income

referred to in section 299.



section 302



(1) if the required addition to the right to wages and the right to income, referred to in

section 299, proceed as if it were some wages.



(2) if the debtor after enforcement deductions from wages

gets the location right next to her salary or on any of the income referred to in §

299, the enforcement on this income.



The head of the third



Commandments of the claim



Commandments claims from an account with a financial institution



§ 303



(1) enforcement of account receivable bank financial institution

may be ordered in respect of the debtor of the receivable account in any

currency for financial institution operating in the territory of the country, unless the law

otherwise.



(2) the enforcement of a decision cannot be made in respect of the claim of the account with

financial institution, which became mandatory as heir to the legacy of that

According to the regulation of the deceased has to go to the trust's successor as

subsequent heirs (the "replacement property"). This does not apply if the

the statutory right to claim freely dispose of or with respect to the performance of the

the decision, which shall be enforced zůstavitelovy debts or debts

related to the necessary administration Affairs acquired as replacement property.



§ 304



(1) a writ of account receivable arising from the Court of the commandments

directs monetary Constitution, that from the time when he will be the resolution of the

delivered to the account of the debtor up to the amount to be recovered and its

Accessories whether cash, not counting on them

and or otherwise abused by them. If the court orders the execution of decisions on more

the statutory accounts, indicate, in a resolution also the order in which of them will be

recovered debt written off. In its resolution on enforcement

the Court further saves to the debtor to the Court within 15 days after service of the order

He announced that the claim of a substitution account assets, and if the

such a claim, whether it has the right to freely dispose of it and whether they are

a decision enforced zůstavitelovy debts or debts related

with the administration of the goods acquired as replacement property, and to show these

the fact the documents issued or certified by the national authorities,

where public documents as a notary. Provide proof required that

the claim of a substitution account assets, and they can demonstrate to other

the matters referred to in the third sentence, or do not get along-if these facts

indicate otherwise, the Court stops the execution of the decision.



(2) the Court shall deliver a resolution on regulation enforcement creditor,

the debtor and the Monetary Institute. The Monetary Institute is delivers to its own

the hands. The debtor may not be delivered before cash

of the Institute.



(3) the debtor loses the moment at which the Monetary Institute delivered a resolution

on enforcement, the right to choose the funds from the account

use these resources to the payments or otherwise dispose of, to

the amount to be recovered and its accessories; This does not apply in the case of

payments, whose purpose is the fulfilment of the duties to be recovered on account

authorized or bailiff opened with the financial institution.



section 304a



(1) the prohibitions referred to in § 304 paragraph 1. 1 and 3 shall not apply in the case of cash

resources that are intended for the compulsory payment of salaries (salaries), refunds

wages (salaries) and additional benefits, which are replaced by remuneration for work, his

employees, payable in the pay period closest to following the

date of the Monetary Institute delivered a resolution on regulation performance

the decision; wages (salaries), compensation of wages (salaries) and transactions which

replaced by remuneration, payable in other payout dates from

accounts cannot be added to the demise of the enforcement of the decision.



(2) the funds referred to in paragraph 1, the financial institution shall pay the

If the debtor shall submit their written declaration stating

purpose of the payment, the total amount and the names of the employees, stating the amount of wages

(salary), compensation of wages (salaries) or other transactions which are replaced by the

remuneration to be paid to them; the signature on the statutory

the Declaration must be certified.



(3) the payment of funds to the debtor financial institution shall notify the Court.

The Court is obliged to the payment of the required wages (salaries), compensation of wages (salaries)

or other obligations which are replaced by remuneration to its employees

charge, if it saves the Court.



section 304b



(1) the prohibitions referred to in § 304 paragraph 1. 1 and 3 do not apply to cash

resources in the amount of twice the income of an individual by

special legal regulation ^ 80 c). If one has a financial institution

mandatory multiple accounts, the first sentence shall apply only for one of these accounts.



(2) the funds referred to in paragraph 1, the financial institution shall pay to the debtor

at his request, not more than once. Must be required in regulation

enforcement advised.



(3) the payment of the principal of the funds referred to in paragraph 1 shall notify the

cash Department of the Court, who ordered the execution of the decision.



(4) if the execution of the decision is maintained pursuant to section 262a para. 4, do not apply


the prohibitions referred to in § 304 paragraph 1. 1 and 3, on an amount equal to half of the cash

resources that were on the account at the time in which the Monetary Institute

delivered a resolution on enforcement, if the amount exceeds

referred to in paragraph 1. Funds under the preceding sentence shall be paid

the husband of a mandatory financial institution at its request. Must be the husband

the debtor in enforcement advised.



§ 305



About the fact that the resolution on the enforcement order has power,

the Court shall inform the authorized and the financial institution; Monetary Institute notification

delivered into their own hands.



§ 306



(1) the regulation of the enforcement of a decision shall apply up to a maximum sum to be

the claim and its accessories to the debtor of the receivable account in

the amount, in what were the funds in the account at the time in which the

Monetary Institute delivered a resolution on enforcement, as well as

even the claim of the account, which was created by the account ran out of money

additional resources, but not later than within six months from the date on which the

Monetary Institute delivered the notification according to § 305; obligation to cash

the Institute carry out repair clearing by a special Act ^ 81) and

the provisions of § 304a are not affected.



(2) Making (section 307, 308, § 309a, paragraphs 1 and 3) enforcement

ceases to exist.



§ 307



(1) enforcement of the decision shall be enforced by writing off debts and its

accessories from your account and the payment to the creditor. If the performance of the

the decision ordered more accounts the debtor performs financial institution performance

the decision of the individual accounts in accordance with the order referred to in the resolution on

regulation enforcement.



(2) the financial institution performs the execution of the decision on the day following the

the delivery of the notification according to § 305; However, if the debtor of the receivable

account payable, yet does the financial institution have a decision on the date,

After her due date. Enforcement of the decision shall also

then, it is sufficient if the claim is mandatory from the account only to a partial

satisfaction.



(3) if the claim recovered under paragraph 2 and its accessories

completely paid, the Monetary Institute carries out enforcement on the day also

following the date on which the account runs out of funds in such

the amount that is required for full satisfaction. If there is no

do so within six months from the date of delivery of the notification according to § 305, performs

financial institution of enforcement of a decision regarding the additional cash received

instruments, also on the day following the expiry of the said period,

where applicable, the beneficiary shall notify the debtor in the account were not cash

resources. The claim of the bank account and beneficiary, it will write off

worth it, even if it is not sufficient to its full satisfaction.



(4) a write-off of the debt the debtor's financial institution account shall

authorized to pay, even if it has the cash to him claim

could otherwise set off.



(5) Performing enforcement financial institution exempt to the extent

the performance of paid their obligations to the debtor to the creditor.



§ 308



(1) if the Court Allows the postponement of execution of a judgment (article 266) and if the cash

the Institute delivered a resolution on authorisation of grace before performing the exercise,

does not make a cash Department of enforcement of the decision until he Court

delivered to the intimation that the postponement was canceled.



(2) if the Court stops the execution of the decision shall be abolished on the date of final

resolution on stopping performance obligations of the financial institution pursuant to § 304

paragraph. 1 and the effects of the enforcement of a decision referred to in § 304 paragraph 1. 3, § 306 and

307; If the execution of the decision stopped partially, it is similarly about the

part of the claim of the account. About the resolution on stopping

(partially stopping) the enforcement of decisions, the Court has power,

notify the financial institution.



§ 309



(1) if the execution of the decision from the same account claims the commandments ordered

to pry more claims, meet with each claim referred to in

their order.



(2) the ranking of claims in respect of which enforcement was ordered, shall be governed by

the date on which the Monetary Institute delivered a resolution on regulation performance

the decision; If it was the same day he delivered a resolution on regulation performance

the decision for several claims, such claims have the same rank.

It is not enough if the claim of an account debtor to satisfy all recovered

the claims of the same by the order shall be fairly; the provisions of § 316

paragraph. 2 and 3 there shall apply mutatis mutandis.



(3) if the execution of the decision from the same account claims the commandments of the husband

compulsory ordered to pry more claims to the debtor shall not apply

the prohibitions referred to in § 304 paragraph 1. 1 and 3 to the amount referred to in section 304b para. 4 to

the arrival of the first resolution on enforcement

Monetary Institute.



§ 309a



(1) If a receivable from the debtor stopped under the special account

law or transferred to the debtor in the debt

benefit of his creditors, and if these rights have an earlier order than

the claim for which enforcement was ordered, enforcement

the commandments are concerned those rights claims from the account, where applicable, its

part, only if the law allowed to lapse without a monetary

the funds from the account on the basis of completely selected. In this case,

financial institution enforcement performs pursuant to § 307 para. 2 and 3,

or on the day that follows after the demise of the learned.



(2) the rights referred to in paragraph 1 of the later order than the claim,

for which enforcement was ordered, when the enforcement

no account to them.



(3) if the rights referred to in paragraph 1 of the same order as the claim,

for which enforcement was ordered, and if those rights are not enough

untouched part of the claim of the account to which the regulation applies performance

decision (article 306, paragraph 1), to the full satisfaction of the claim to be recovered,

the claim to be recovered shall be paid, where appropriate, its unsettled part, relatively;

the provisions of § 316 paragraph. 2 and 3 there shall apply mutatis mutandis. Enforcement of monetary

the Institute performs Similarly, pursuant to § 307 para. 3.



(4) for the order of the rights referred to in paragraph 1 is a crucial day of their

inception.



§ 310



Provisions excluding or restricting the use of claims from the account for

financial institution for other than its intended purpose is without prejudice to

the provisions on the commandments of the receivables from financial institution account.



§ 311



If the financial institution does not flow as it saved the provisions of § 304

paragraph. 1 and § 307-309a, you may eligible to claim, even when

on account of the debtor is not sufficient funds to financial institution

He paid the amount to which would have the right, if the financial institution has followed

correctly.



section 311a



If an account with a financial institution set up for more than one person, the provisions of § 303 of up to

311 on the share of the funds in an account belonging to the debtor

by analogy.



Commandments of other claims



§ 312



(1) enforcement of the statutory claims other commandments than

the claim of the account at the financial institution or claim referred to in section 299 can be

required, even if the claim debtor becomes payable only in

the future, as well as in the event that the debtor of the receivable will be sub

the same legal reason gradually emerge in the future.



(2) the Court shall proceed in accordance with paragraph 1 and, in the event that the performance of the resulting

of the commitment, which is a required attendee, is conditional on or subject to the

the age or other run time. If appropriate, the Court may

resolution on enforcement will replace its decision

the Declaration will compulsory to give evidence of this commitment, or to request

the performance. The consent of a third party, if it is subject to legal proceedings, it is

replaced by the resolution on enforcement. Negotiations required to

application of the law that is under special legal regulations

principal, performed instead of the debtor.



(3) the enforcement debtor to the amount of the claim affects accounts receivable

authorized and its accessories, for which it was ordered.



section 313



(1) a writ of the Court compulsory, to prohibit its

the claim however was loading and saves him to court within 15 days from the

service of the order announced that claim a replacement property,

and when it comes to such a claim, whether it has the right to freely dispose of her and

whether you are a decision enforced zůstavitelovy debts or debts

related to the necessary administration Affairs acquired as replacement property, and

These facts showed the documents issued or certified by the State

the authorities of public documents, where appropriate, a notary. Provide proof required that

the claim of a substitution account assets, and they can demonstrate to other

the fact that in the first sentence should be documented, or go to

These facts indicate otherwise, the Court stops the execution of the decision.

The debtor a statutory court forbid from the time when he was delivered to the

the enforcement order, the debtor has paid his debt, the

her set-off or otherwise handle with it.



(2) the Court shall deliver a resolution on regulation enforcement creditor,

the debtor and the debtor of the debtor. The debtor is a debtor delivers to


your own hands. The debtor may not be delivered before the debtor

principal.



(3) the debtor loses the right to claim at the time when the debtor was

the debtor delivered a resolution on regulation enforcement.



Section 314



As soon as it comes into the resolution on the legal enforcement powers,

It shall inform the Court of the debtor's legitimate and mandatory; the debtor

mandatory court delivers the notification into their own hands.



section 314a



(1) the enforcement of a decision shall be made by the debtor of compulsory legal

can a resolution on regulation performance pays off legitimate claim in the

the extent to which the performance affected by the regulation.



(2) the debtor shall pay the claim, if it is already payable,

authorized on the day following the delivery of the notification according to § 314;

If the claim is not compulsory in this day not yet payable, it shall pay the

to the creditor as soon as it becomes due and payable.



(3) payment of the creditor is relieved of debtor to the extent

the provided implementation of their obligations to the debtor.



section 314b



(1) if appropriate, the Court instead of the procedure according to § 314a orders the sale

assets in the auction. In doing so it shall proceed pursuant to section similarly 328b, § 329 paragraph.

1 to 6 and section 329a-330a.



(2) if the successful bidder will pay the highest submission properly and in time, will pass to the

all rights and obligations of the purchaser to claim so far indicative

to the debtor, and that having legal effects at the time of the granting of the impact. Transition

the rights at auction, the Court shall notify the debtor of the debtor. If you meet the

auctioned claims provided by Lien, limited liability company or other

in a way, the Court shall notify the transfer of rights in an auction and the person providing

provided, if such a fact known to the Court.



§ 314c



(1) if the claim of the debtor stopped under a special legal

or transferred to a debt in favour of the compulsory

creditors and have these rights if an earlier order than the claim for which

enforcement was ordered, enforcement of the decision in question can be as follows

the claim, or part thereof, do this only if the rights

lapse, without claim has been completely paid the creditor of the debtor. In

this case, the debtor (part of) the claim shall be paid

authorized only after he learned of the demise of the law; the provisions of § 314a

paragraph. 2 this does not prejudice.



(2) the rights referred to in paragraph 1 of the later order than the claim,

for which enforcement was ordered, when the enforcement

no account to them.



(3) if the rights referred to in paragraph 1 of the same order as the claim,

for which enforcement was ordered, and if those rights are not enough

untouched part of the claim, which affects the regulation of the enforcement

(section 312, paragraph 3), to the full satisfaction of the claims to be recovered shall be paid to

the claim to be recovered shall, where appropriate, its unsettled part, comparatively.



(4) for the order of the rights referred to in paragraph 1 is a crucial day of their

inception.



§ 315



(1) if the debtor does not pay the debtor the creditor claim under § 314a

paragraph. 2 pursuant to section 314c, if applicable, paragraph 2. 1 and 3, the competent against

the debtor of compulsory on their own behalf to submit a proposal on enforcement

If it could bring a mandatory, otherwise the claim payment of claims

in proceedings under part 3 or in accordance with a special law.

But not with the debtor the debtor party to the claim close to the detriment of

compulsory settlement, or waive the payment of it. Debtor in

this case also cannot set off its own debt, which has

against the creditor.



(2) do not apply if a court in a timely manner, or at another institution

a claim against a debtor of the debtor or the debtor has notified the

the debtor that it submits, corresponds to the debtor for the damage that he would

by or originated.



§ 316



(1) if the execution of the decision be enforced for several claims, will satisfy the

individual claims in the order in which they were performance regulation

the decision served on the debtor of the debtor. If it was the same day he delivered

enforcement for several claims that could not be

from the claims of a mandatory fully satisfied, will satisfy the debtor

These claims fairly.



(2) in order to accommodate several claims, the debtor

to turn over withheld amount to the Court. Debtor is obliged to commit

withheld amount to the Court, if it either at the request of the legitimate

Court orders. The court committed the amount allocated between legitimate and worthwhile

amounts attributable to them them.



(3) Submitting Court exonerates the deductions with your debtor

obligations to the debtor up to this amount.



Claims not subject to enforcement



§ 317



(1) enforcement of decisions are not subject to claims of compensation, in accordance with

the insurance contract shall be paid by the insurance company, the refund is to be applied to the new

build or repair buildings.



(2) enforcement of decisions are not subject to social welfare cash benefits, benefits

assistance in material need, of the benefits of State social support allowance

housing and paid by the State social support benefits and

foster care.



(3) the enforcement of decisions are not subject to the claims which required a

replacement of assets. This does not apply to the statutory right to claim freely

dispose of or, in the case of enforcement of a decision, which shall be recovered

zůstavitelovy debts or debts related to the necessary administration Affairs

acquired as replacement property.



(4) the provisions of this Act governing the execution of the decision do not affect the

exercise of the rights and obligations deriving from the agreement on the financial

for the conditions laid down by law governing the financial

ensure ^ 85a) or comparable conditions of foreign legal

Regulation, where the financial collateral has been agreed and established prior to

filing of the application for enforcement. This is true even in the case that the financial

ensure it has been agreed or was on the day of submission of the proposal on performance

the decision, however, only after this event occurred, unless the recipient

financial collateral about such facts he knew, or ought to and could.



§ 318



Receivables of natural persons who are entrepreneurs, arising from their

business activities, are the subject of enforcement only two fifths;

However, if the proposed execution of the decision for one of the priority

the claims referred to in § 279 paragraph 2. 2, subject to the decision of the three performance

fifths. The order of priority for payment of debts shall be adequately

the provisions of § 280 para. 2 and 3.



section 319



(1) Claims royalties are subject to enforcement, if the

principal author, just two-fifths; However, if the proposed performance

the decision for any of the priority of the claims referred to in § 279

paragraph. 2, are subject to enforcement, three fifths. For the order of payment

priority of claims is to be used, mutatis mutandis, the provisions of § 280 para. 2 and

3.



(2) if the author paid a reward through a protective

the organization delivers a court enforcement order also trade

the Organization, which then has the rights and obligations of the debtor of the debtor.

The enforcement order shall apply to the amounts that have already been in

for the benefit of the author of the Trade Organization, and on the amounts that the

in the current calendar year will be composed.



(3) the provisions of paragraphs 1 and 2 shall apply mutatis mutandis to claims of rights

of performers and of the rights of agents of the industrial property objects.



Other property rights



§ 320



(1) the execution of the decision may be ordered disabilities other right than wages,

monetary claims or claim referred to in section 299, with regard to the right,

which has any commercial value, and that is not associated with a person of the debtor and the

It is transferable to another. Enforcement persons other

property rights shall not apply to shares in a business

the company is represented by book-entry securities or valuable

paper, or if the rights of a shareholder to participate in the management of the business

the company, its profits or liquidation connected with a valuable

paper or book-entry securities.



(2) on the enforcement of the decision shall apply mutatis mutandis the provisions of § 312

paragraph. 3, § 313 to 316 and 317 paragraph. 3, unless otherwise specified. To

determine the applicable prices picked up the slack, the Court cannot determine from the price

the contract on the basis of other property right arose.



(3) if the right to statutory release or delivery of movable property,

these things always have forwarded to the Court; issue and delivery of the goods recovered by the way

referred to in § 315 paragraph. 1 executor. The Court then proceeds by analogy with the

the provisions of § and § 328-326b 334a.



§ 320a



The compulsory participation in public involvement and

General partner in a limited partnership



(1) shall lapse if the regulation enforcement people participation of a partner

a public company, it affects enforcement claim

the statutory right of a share of the proceeds of liquidation.



(2) Lapse as a result of the enforcement order only participation

a shareholder in public companies, affects the performance of the decision

the claim of right of settlement.



(3) The enforcement of a decision under paragraphs 1 and 2 shall apply by analogy,


the provisions of § 312 paragraph 1. 3, § 313 to 316 and 317 paragraph. 3.



(4) the provisions of paragraphs 1 to 3 shall also apply to disability, participation

the debtor in limited partnerships, if the general partner.



The compulsory participation in the disability company with limited liability, in

cooperative and a limited partner in a limited partnership



§ 320aa



(1) in the Court of enforcement disables



and to transfer its share of the debtor) a limited partner in a limited partnership,

share in the company with a limited liability company or its share

(hereinafter referred to as "share"), or the it burden and



(b)) to the competent authority of a limited partnership, limited liability company

limited or cooperative grant to the debtor to convert or to load

the proportion of agreement, if one is needed.



(2) in its resolution on the enforcement order to the debtor, the Court also saves

to the Court within 15 days after service of the order announced that share a

replacement property, and when it comes to such a proportion that has the right to freely with him

dispose of and whether the decision enforced zůstavitelovy debts

or debts related to the necessary administration Affairs acquired as replacement

Fortune, and to show these facts documents issued or certified

State authorities, if necessary by public notary documents. Provide proof of

required that the share of a replacement property, and they can demonstrate to other

the matters referred to in the first sentence, or do not get along-if these facts

indicate otherwise, the Court stops the execution of the decision.



(3) a limited partnership, limited liability company, or

the team delivers the resolution into their own hands.



§ 320ab



(1) If a share unlimited transferable, will sell the power in law

resolution on enforcement in the auction. The Court shall proceed

mutatis mutandis under section 322 paragraph. 5, § 328b-330a. If the cooperative

share the right to use the apartment, after final resolution

pursuant to section 320aa, the court reasonably pursuant to § 336 to 337h; auction notice

the Court also will send a team. If the co-operative with shares carry the right to use the

flat and to conclude a lease contract with a team member must be a legal

negotiations of a third party, shall be deemed to share for non-transferable.



(2) to determine the applicable prices picked up the slack by the court expert; for this purpose, are

a commercial company or a cooperative shall provide the Court and experts

the information needed to determine the price of the share.



(3) the auction notice, the Court shall deliver a company or cooperative.

Company or cooperative shall notify without undue delay the shareholders

or members of cooperatives, she was delivered to the auction, and that this

auction is available for inspection at the registered office of the company or cooperative.

Limited liability company informs shareholders in the manner prescribed by

for convening the meeting and by written notice at the head office

cooperatives and in the apartment building owned by cooperatives, in which it is located

the apartment, which has a mandatory rental law related to the shares that are

subject to enforcement. The company or the cooperative shall send

the partner or the Member of the cooperative, on request, a copy of the auction

the Decree on his risk and expense to the address indicated in the request.

Hammer is the successful bidder becomes the companion of a company

or a team member instead, whose share was auctioned off.



(4) take part in the auction, another partner or team member and make a

with other bidder the same highest bid, hammering him.



(5) in an auction, you can sell a share that is convertible to a limited degree. In

this case may be granted only to the hammer, who before the auction

proves that it meets the requirements set out in law, the social contract

or the articles for the acquisition.



(6) the effects the granting of a special law shall lay down the hammer. Grant

the hammer shall be notified to the Registrar of companies and trading companies,

where appropriate, cooperative.



(7) failure to sell the stake or in a repeated auction, it shall inform the

the Court in writing without undue delay of the limited partnership, a company with

limited liability company or cooperative.



(8) failure to sell the stake or in a repeated auction or if the

the share of convertible, affects the enforcement of the right to claim

the settlement. Mandatory participation in a company with limited liability company and in

the team and the participation of a limited partner in a limited partnership shall cease upon delivery of

notification of unsuccessful repeated auction company with limited liability,

the cooperative or limited partnership. On the enforcement of a decision affecting

the statutory right of claim settlement shall apply mutatis mutandis

the provisions of § 312 paragraph 1. 3 and § 313 to 316 and 317 paragraph. 3.



Chapter four



Real estate property management



Regulation enforcement



§ a Spartan army



(1) enforcement by the administration of immovable property may be ordered only if the

True marks the immovable thing or their file, whose management

proposes, if stating that the administration of immovable property or their file

You can achieve the satisfaction of his claim and if

demonstrate that the immovable thing or their file is the property of the debtor. About

that it has filed for a writ of real estate property management

the case, the Court shall inform the land registry office, in whose district the immovable thing

is located.



(2) further authorized the enforcement administration

of the same immovable property brought by the competent court before the Court

final rule on regulation of enforcement, shall be deemed to

accession to the proceedings, from the date of filing of the application. The design of the next

authorized, which was lodged with the Court, the Court shall forward the nepříslušného without

decision to the competent court; in this case, the proposal shall be deemed

accession to the proceedings of the date when the proposal came to the competent court. For more

true must accept the status of the proceedings in which it is in its accession.



§ 320 c



For enforcement by the administration of immovable property is crucial

status at the time of initiation of the proceeding.



§ 320 d



(1) in its resolution on the Court of enforcement and, where

the regulation of enforcement of immovable property in the common property of the spouses,

(I) the spouse of the statutory



and after) disables service of the order transferred the immovable thing on someone

another, or burdening the it,



(b)) disables to accept benefits or fruits arising from immovable property,



c) directs, within 15 days from the service of the order, said if and who

immovable thing used, whether and who has concluded a contract of lease or pachtovní

immovable property or part thereof, whether the immovable thing loaded with material

collisions or tied cottage and to whom such right, if the rights

not registered in the land registry,



d) directs, within 15 days from the service of the order said, how and by whom are the

secured supply of services connected with the use and management of real estate property and

whether, by whom, and to what extent is the immovable thing is insured,



e) directs, within 15 days from the service of the order said, whether they are on the

immovable property dispute or other proceedings, and



f) directs the Court whenever access to the accounting records,

contracts and other documents relating to immovable property and without limits

to enter any premises.



(2) the rights referred to in paragraph 1 (b). (c)), which are entered in the land register

real estate, the Court finds from the real estate register, and, if possible, so

by means of remote access.



§ 320e



Resolution on the enforcement creditor, the Court delivers to those who

proceeded to the control, such as additional permissions, husband,

principal and to the competent authority, to the cadastral area in which is situated

the real thing that is subject to enforcement.



Real estate property management



§ 320f



(1) the administration of immovable property shall be exercised by the Court. Individual acts may

under a mandate of the judge make the executor or other employee

the Court. If required by the nature of the real estate property, the Court will appoint an administrator.

The provisions of sections 338i to 338l shall apply mutatis mutandis.



(2) the request for the initiation of an administrative or judicial proceeding

the immovable property and negotiations pertaining to the debtor in such proceedings

instead of mandatory Court performs. Legal proceedings related to immovable

things done instead of mandatory court.



(3) the Court shall be the appropriate steps to immovable věct was duly and successfully

economically used, in particular, shall order the debtor the debtor to the fruits and

benefits arising from immovable property consisted, for the specified account, and disables the

him to provide compulsory, is carried out on them or set-off

otherwise, the Fed.



(4) instead of the mandatory court issues a confirmation of compliance with debt.



(5) if the benefits referred to in paragraph 3, in cash, the Court shall transfer the

that will take care of their liquidation at auction under section 330a-328b.



§ 320 grams



(1) Regulation of the administration of immovable property does not affect the rental or pachtovní

contracts relating to immovable property. The Court may, however, such contracts

to terminate under the conditions provided for by law, this agreement, or any other

the agreement with the tenant or leaseholder and negotiate another lease agreement.



(2) the Court shall be entitled to terminate, or otherwise discontinue, and enter into new contract

which are provided by the supply of services connected with the use and management of

real estate and the insurance contract under the conditions laid down by law,


These treaties or by agreement with the suppliers of these services. You may also

to seek the eviction of immovable property, termination of easements or cancellation

other relationships on the basis of the immovable thing has been used under the conditions

established by a special law, such contracts or by agreement with the

the participants in these relations.



§ 320h



(1) the revenue which the Court received administration of immovable property, after deduction of the

expenditure shall transfer to the creditor to satisfy his claim to be recovered.



(2) the expenditure referred to in paragraph 1 shall be paid in the following order:



and the cost of real estate property management),



b) transactions arising from insurance contracts and the contracts, which are

secured supply of services connected with the use and administration of immovable property,



(c) the maintenance and costs) required repair of immovable property,



d) costs proceeding concerning immovable property,



e) real estate tax for the time it takes to manage a real estate property.



(3) the payment of the proceeds, the Court commends the management authorized every 3 months,

unless otherwise agreed on a longer period.



§ 320i



Other performances of the decision



(1) enforcement by the administration of immovable property does not preclude

regarding immovable property enforcement was ordered its sales.

Administration of immovable property shall expire on the legal force of a resolution on the impact and

by paying the Supreme administration of, or on the date of the decision of the

předražku and paying předražku.



(2) the enforcement by the administration of immovable property prevents the

was ordered and carried out enforcement commandments other monetary

accounts receivable, if such claim represents income real estate property management

things. The Court has already ordered the performances is interrupted. Permissions of these performances have

in proceedings relating to the performance of the real estate property management position more legitimate.

For the order of the day is decisive when the proposal reached the Court. So far

unpaid receivables from these performances are poddlužníci obliged to pass

the Court.



§ 320j



Managing a co-ownership share in the immovable property



(1) on the execution of the decision on real estate co-ownership management

things are the provisions on the enforcement of a decision by the administration of immovable property.

Enforcement by the administration of immovable property, for whose use it is used the thing in

co-ownership, shall also apply to share on this issue in the

co-ownership. Enforcement by the administration of immovable property

You cannot order only to share in the immovable property in additive

co-ownership.



(2) a resolution on enforcement by the administration of the co-ownership

share in the immovable property shall be served on both joint owners.



(3) the Revenue which the Court received administration of immovable property, after deduction of the

expenditure by the amount of the share of co-ownership shares

for the debtor pays the costs, and the remaining part of the

the revenue submits to the creditor to satisfy his claim to be recovered.



(4) if the Court shall propose to the other co-owners, the Court may exercise

the entire management of immovable property.



Chapter five



The sale of movable and immovable property



Things which are not subject to enforcement



§ 321



Enforcement cannot be affected by things, which is referred to in

Special regulations, or which is prohibited by the specific provisions

are not subject to enforcement.



§ 322



(1) of the things that are in the possession of the debtor or jointly owned

principal and his spouse, cannot relate to the enforcement of those that

required urgently needs to satisfy the material needs of its and its

the family or to the performance of their job duties, as well as other things

the sale would be in conflict with good manners and whose number and

value corresponds to the usual commensurately.



(2) for the enforcement of decisions are excluded, in particular, these things in ownership

the statutory or common assets of the debtor and his or her spouse:



and normal clothing) components, including clothing and footwear,



(b)) to the normal household items, particularly the bed, table, chairs, kitchen

the line, kitchen tools and utensils, fridge, stove, cooker, washing machine,

heating, fuel, blanket and bed linen, if the value of such

things obviously does not exceed the price of normal household items,



(c)) of the education and religious literature, school supplies and children's toys,



d) wedding ring, documents of a personal nature, picture frames and picture

and audio recordings relating to the statutory or members of his family and media

records data, if such records cannot be transferred to another carrier

data, and other articles of a similar nature,



e) medical supplies and other things, that a compulsory or a member of his

household needs due to their disease or physical defect



(f) the amount of cash) corresponding to twice the minimum

individuals under special legislation ^ 80 c)



g) animals for which the economic effect is not the main purpose of breeding and that

serve man as his companion.



(3) if the debtor Is an entrepreneur, not the performance of the decision relate to the

things from his ownership of that necessarily needs to perform their

business activity; This does not apply if the holdup on these matters of the pledge

right, and if it is a legitimate claim, that is

Lien secured.



(4) are excluded from enforcement of technical resources, on which

According to a special legal regulation ^ 86a), registration of investment

instruments or documents shall be kept concerning the data in this

the registration of, and the technical means used to provide data on

Owning investment instruments according to a special legal

prescription ^ 86b).



(5) enforcement are excluded things that required a

replacement of assets. This does not apply to the statutory right with things freely

dispose of or, in the case of enforcement of a decision, which shall be recovered

zůstavitelovy debts or debts related to the necessary administration Affairs

acquired as replacement property.



(6) the provisions of paragraphs 1 and 4 also applies to things, which is a required

co-owner.



(7) paragraphs 1 to 6 shall not apply, on a proposal from the authorized in the case of things

which required that vandalized caused the damage, he had acquired from the

benefit obtained by the criminal offence, if it is legitimate

the sufferer of this offence. In a resolution on regulation performance

According to the ruling, the Court authorized shall be things which, according to

the first sentence of paragraph 1 to 6 shall not apply.



The sale of movable property



Section 323



(1) enforcement by sale of movable assets may be affected by

movable property with the exception of postihovaných according to the heads of the other

up to fourth. The performance of the sale of movable property, for whose use

You can use the thing in co-ownership, shall also apply to share this

the case in the co-ownership.



(2) the execution of the decision may be enforced under the proposal authorized with

explicit by specifying things that are to be sold, or without such a designation.



(3) If a creditor known to have required a movable thing

located outside your apartment (Office), or that the debtor is the owner of

book-entry securities, such fact shall be authorised in the

the proposal on the enforcement of decisions; authorized shall also indicate, if possible, where

the movable thing is or where is the book-entry securities are registered.



section 324



In a writ of the Court compulsory, to prohibit lay

conceived on the inventory of things and saves it to the Court within 15 days from the delivery of

the resolution said that the thing he had acquired as a replacement property, and as regards the

such a thing, whether it has the right to freely dispose of it and whether they are performance

the decision enforced zůstavitelovy debts or debts related to the necessary

the administration of goods acquired as replacement property, and to show these

the fact the documents issued or certified by the national authorities,

where public documents as a notary. Provide proof required that the matter

a replacement property, and submits the more facts that

in the first sentence should be documented, or they come to these facts

indicate otherwise, the Court stops the execution of the decision.



An inventory on the spot



section 325



(1) a resolution on regulation of enforcement by sale of movable goods delivered

the debtor until the implementation of the performance. If it is not in the implementation of the performance

mandatory present, he delivers the resolution along with the notification that the

an inventory was made and that things were written.



(2) notification of the fact that it was made of, and which things were written,

It is also legitimate and delivers to the spouse of the debtor.



section 325a



If required by the purpose of the enforcement of a judgment, is the one who conducts the performance,

shall be entitled to make a personal inspection of the principal and a tour of the apartment (registered) and

other rooms of the statutory, as well as his Cabinet or other mailboxes in the

one located where the debtor has his property; for this purpose, it is entitled to

ordain to the apartment or into another room of the statutory approach, where appropriate,

closed cabinets or other clipboard open.



§ 325b



(1) the debtor will allow those who carried out the execution of decisions, access to the

all the places where he has his movable property located.



(2) any object, in which the debtor has his apartment (Office) or other

the room is obliged to acquiesce to one who performs the execution of the decision,


made a tour of the apartment and other rooms of the debtor. If this fails to

the obligation is the one who conducts the performance, entitled to ordain to the apartment or

another room a mandatory approach.



(3) during the tour of the apartment and other rooms he who performs performance

the decision takes the audio-visual recording. Must be present

the person briefed at the start of the tour.



§ 326



(1) the Court in the apartment (Headquarters) of the debtor or another place where the debtor has

their belongings are placed, will draw up the things that could be sold, and that in the

to the extent that the proceeds of the sale to cover things suffice to

the satisfaction of the claim to be recovered, together with the costs of the performance of the authorized

decision. Been drawn up mainly things that will be required could probably

lack and which are the easiest to sell; things that spoil quickly,

will be written, just not if there are enough other things and can be used to ensure

their quick sale outside the auction. Written may not be movable,

that make up the accessories of immovable property.



(2) the Court shall draw up and mandatory, that's someone else, but only

If such things will be committed.



(3) a lien creditor that has a lien, the person to whom the case was to

stopping passed to her cherished person authorized of the restraint

rights or conversion rights or the person retaining its exploitation

the right to the stuff from these people, they are required to issue a case to the Court to

drawing up on the basis of court challenges. After a commit, the court case and its drafting

delivered by hand to the pledgee, a person authorized from

lien or to hedge a transfer notice pursuant to §

328b para. 4 (b). (g)).



(4) if the execution of the decision ordered the parties to certain movable assets

compulsory, sepíší only the matters referred to in the resolution on regulation performance

decision.



(5) the securities or other instruments, whose submission is required to

application of the law, with sepíší and always shall be transmitted to the Court.



(6) the book-entry securities entered in the relevant register, sepíší

as soon as the Court becomes aware of that are for the statutory registered in this register.

In the case of collection bonds, court draws up the share of the debtor to collection

Bond ^ 86 g). After drafting the Court shall order the person authorized to conduct

the registration of write suspend the exercise of rights of the owner to dispose of

the book-entry securities in the register (section 325).



(7) the Creditor has the right to be present, an inventory of things. In the inventory is

they do things that legitimate expressly declare that they do not have to be

been drawn up.



(8) an inventory of the make up about other things, if the proceeds of the sale reports

things are not enough to satisfy the creditor, or if the

ordered more enforcement by sale of movable assets of the debtor.



(9) if it is necessary, requiring the person who performs an inventory, to act in an appropriate

person, if possible, a representative of the authority of the municipality.



(10) are excluded from an inventory of things, in which it will propose mandatory and

authorised to the exclusion of consent.



(11) if the Court finds that the probable claims persons present at the inventory,

the matter is in the possession of a third party, without delay, to the third person

in writing about inventorying and instruct her on the right to submit a proposal

under § 267.



(12) the application of the person who claims that the thing in the inventory is conceived in its

property, the Court shall communicate the information necessary for the exercise of the right under § 267.



§ 326a



If there is failure in the apartment (Headquarters) of the compulsory or on another court, a familiar place

write down any thing, it shall notify the Court to the creditor, and shall invite him to court

marked the place where things are mandatory, that could be sold.

If the Court within the time limit will not disclose such place or

If on it there were no identified place things written, the Court

stops the execution of the decision.



§ 326b



(1) things that are perishable, the Court removes the debtor and sells out

auction immediately after they were written. The provision of section 329a para. 1, the

apply mutatis mutandis.



(2) failure to sell these things and if not taken is authorised for

the price you determine the Court returns is mandatory.



§ 327



(1) at the request of the authorized court will take care of appropriate collateral of movable

things decorated in the inventory.



(2) If you provide movable property, carry out court costs

ensure only if true to these costs in advance.



(3) written, movable assets, that have not been secured, leaving them on the spot,

where they were drafted, and identified so as to indicate that the Court was

drafted and in which case enforcement.



Other inventory



§§ 327a



(1) if the compulsory indication of the things known from the register, or a list,

established by law or other records kept in accordance with the law,

holds such a thing to the inventory entry in the log.



(2) the Court shall inform without delay the implementation of an inventory of the person or authority which

keep a register, list, or other records. If it is possible, does the person

or authority to register (list, evidence) a record of the inventory. Data on the

completion of the inventory keeps a person or body for the duration of

enforcement of the decision.



(3) after the final resolution of the writ is required

inviting as follows written things promptly handed over to the Court.



§ 327b



cancelled



The next steps in the sale of movable property



§ 328



(1) after the final resolution of the enforcement order is written,

things or the things specified by the Court files to a common estimate, monetization

If it is not



and the price was fixed officially) ^ 36),



(b) the published course fixed) instrument admitted to trading on a

a regulated European market ^ 101), or



c) published value of the Securities and securities

issued by a collective investment fund.



(2) the evaluation shall be made by the Court; the experts picked up the slack when in simple cases

not enough to estimate conducted by the bailiff when you write things. An estimate of the Court

does nothing if the sale occurs in the manner pursuant to § 334a. An estimate of the

written things is not a judicial decision.



(3) if it does not detect an estimated price, the Court finds the price according to

paragraph 1 (b). ) to c) on the date that precedes the release of auction

Ordinance (§ 328b (3)), or the credentials available for sale in any other way.



§ 328a



(1) after the final resolution on the writ and upon detection of

prices, to cover things according to § 328 (hereinafter referred to as "decisive") the Court

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) value and their files,



were offered to purchase for cash to institutions whose mission is to care

of such monuments, and at least the decide to price.



(2) if the institution within thirty days of the receipt of the request

does not respond to the offer, and closed with the court decide the price, the Court and the

items sell way below.



(3) financial collateral under the law governing the financial

ensure ^ 85a) or a foreign law shall not be subject to

enforcement of the decision.



§ 328b



(1) Written things they sell at auction, unless otherwise provided by this Act.

Things are sold separately or as part of the file of things. Within the file

things shall be disposed of, in particular, the things that make up the only economically integral

or even contain all or fungible securities, or

book-entry securities fungible, you can expect a higher yield.



(2) the Auction may be executed in the place where things are written, or the Court

or at another suitable place. The Court, if need be, shall ensure that

written things were transported to the place where the auction is held. If

have not been secured, it is obliged to issue a compulsory written things to auction;

If he fails to do so voluntarily, he will be removed.



(3) the Court shall notify the auction year auction announcement, which delivers

to the debtor, the debtor's spouse and legitimate authority of the municipality, in which the

the perimeter of the auction will be held and in which the circumference has a compulsory place of residence. In addition to the

this auction shall publish a notice in the place in the usual way. Auction

the Court will order at least 30 days after the date of issue of the auction, but not

earlier than 30 days from the date of delivery of the awareness of the inventory under section

326 paragraph. 11. Against the auction is not appealable.



(4) the Court shall specify in the auction



and) date, time and place of the auction,



(b)) the designation of the auctioned goods,



(c)) that the thing be auctioned individually or in a file of things



(d) decide to price things or) file things



(e) the level of the lowest of Administration) (section 329),



(f)) that the pay of the security and the method of payment

(paragraph 5),



g) warning that when the schedule of nature may be justified, those who

Management proceeded as additional privileges, and other lenders seek

meet other enforceable claims or claims secured by

retention or lien or locking transfer rights than

for which enforcement was ordered, if the logs by

to the start of the auction, if the application shall indicate the amount of the claim and the

its accessories and show them the relevant documents, and the lessons,


you don't have to design applications, in which the amount of the claim or its accessories

will not be given, shall be disregarded; the provisions of § 335 paragraph. 2 and § 336f,

shall apply mutatis mutandis.



(5) the obligation to lodge a security, and the amount the Court determined, exceeds the

determined the price of the auctioned separately the case or file being auctioned goods by

they are converted into the currency of the United States according to the exchange rate announced by the Czech

National Bank valid on the day that precedes the release of auction

the Decree, equivalent to the amount of EUR 45 000. The provisions of § 336e para. 2, the

apply, mutatis mutandis.



(6) if it is discovered that he has been brought to the exclusion of things sold

from the enforcement of decisions (article 267), the Court will auction this stuff up to odročí

a final decision on the application.



Section 329



(1) the Auction may also be carried out, the executor; on the progress of the auction, the court draws up a

Protocol. The judges, the staff of the courts, and the husband of the statutory mandatory must not

to bid. Before the start of the auction, the auctioneer is required to prove your

identity. Name, surname, permanent address and date of birth of the Court

logs on the auction.



(2) the lowest administration amounts to one third of the applicable prices. The bidders are

bound by their submissions, if the submission has been made higher. The above prices

auctioned or file stuff is not limited to the provisions of the price

regulations.



(3) the Court shall give a hammer to the auctioneer, who makes the highest bid.

If more bidders made the same highest bid, the Court shall grant the hammer

First, who suggests an option to purchase or reservation of repurchase.

If it is not granted in this way, hammering it will grant to the auctioneer that has been designed

by lot. The successful bidder must pay the highest bid without undue delay;

If it fails, the matter without his participation again.



(4) The highest bid to be reallocated by the buyer guarantee.

Bidders, who has not been granted, the hammer will return the security paid after

the end of the auction action.



(5) the successful bidder must top the submission or supplement on top of administration,

do not exceed the amount specified as the maximum for payment in

cash under a special legal regulation ^ 86j) (hereinafter referred to as "limit"),

immediately pay; If it fails, the matter again, without its participation.



(6) the highest submission or a supplement to the highest administration of exceeding the limit

the successful bidder must pay the non-cash payment within seven days of the granting of

Hammer, otherwise the Court will order reassembly auction.



(7) if the successful bidder will pay the highest submission properly and in time, it goes on

successful bidder's ownership of the auctioned item or file

things, with legal effects at the time of the granting of the impact. Gradient

ownership to the purchaser cease lien and retention rights and other

the rights encumbering a thing.



(8) if the successful bidder does auctioned within 1 month after the replenishment of the

the Supreme administration Court, proceed according to section 330 of paragraph 1. 2 and 3.



section 329a



(1) where ownership of the auctioneer and auctioneer, the Court on

on application for a certificate of ownership to be auctioned

at the time of the granting of the impact of the case. In the case of the sale of securities or

book-entry securities Court the auctioneer and such

without the request.



(2) in the case of the transition of ownership rights to securities listinnému

on the series, or the name of the Court shall be marked on the reverse or tail of the securities

the transition of ownership rights to securities to the purchaser at the time of

grant impact.



section 330



(1) auction ends, once achieved the proceeds simply to satisfy all

legitimate and timely registered creditors.



(2) if the successful bidder for the auction, the court case reassembly

auction.



(3) the successful bidder who has not paid the highest bid properly and in a timely manner, it is

obliged to compensate costs incurred by participants in the State and the

the context of the next auction or the auction conduct damages that

It was founded by not paying the highest submission, and, if at the next auction

achieved lower highest bid, the difference at the highest dose. On these

debts is counted the security lodged by the buyer; If the security exceeds the

these debts, the remaining part of the auctioneer and returns. About these debts,

any set-off or return the rest of the Security Court

by resolution.



(4) Things that are placed into the possession of the purchaser, or when

auction, an authorized to take, within 15 days after the notification of the non-results of

the auction for one-third of the applicable prices. Among the few beneficiaries,

willing to assume otherwise, decisions of the order (section 332 (1)). The takeover of

stuff has the same effects as a sale by auction. If true, these

things take over, the Court will exclude from the inventory. A resolution about it delivers

the creditor and the debtor.



(5) the things that have been excluded from the list will return

to the debtor. If required these things take or stay is not

I know, the Court shall proceed mutatis mutandis under section 301 of the Act on special procedures

judicial; the deadline is 1 year and commence from the date of final

the resolution to exclude things from the exercise. If, however, the case in the course of time

apparently worthless, the Court shall proceed in accordance with § 341 of paragraph 1. 4.



section 330a



(1) an auction can also be done electronically using the Internet.



(2) in the auction, the Court lays down



and) registration method and the manner in which the bidders are the bidders required to

to tell your name, surname, address of residence, birth

number, and it was not assigned, date of birth,



(b) information on the procedure) during the auction or a link to the Internet

the pages on which this procedure is published,



(c)) the address of the website to which the auction will be held and where can

public auction watch,



d) date and time of the start and end of the auction, during which you can increase

Administration,



(e)) the manner and time in which the successful bidder is required to pay the highest

of administration; the time limit for payment or pay the highest submission shall not be

longer than 10 days after the grant of the hammer,



(f)), information about where and when you can pay the filing after the Supreme

auctioned,



(g)) the term lodgement,



(h) application of the term) of pre-emption or reservations of the repurchase and

the method of communication of the decision, that the right of first refusal or reservation of backward

buy a proven,



I) way of disclosures about the impact.



(3) If more bidders Made the same highest bid, the Court shall grant the

Hammer first bidder, which suggests an option to purchase or

reservation of repurchase. If it is not granted in this way, hammering it

the Administration has made to the auctioneer as the first. The provisions of § 329 paragraph. 3, the

does not apply.



(4) for the auction carried out by electronic means shall apply mutatis mutandis the provisions of § 328b

up to 330.



§ 331



(1) if enforcement of movables be enforced just selling for

one claim and has not signed in time for more legitimate or creditor

[§ 328b (4) (b), (g))], the Court after a collision, possibly after sales costs

deduction of value added tax, if required by the payer of value added tax

values and serve the vydražená thing of the business activity,

the proceeds shall be paid to the creditor attained.



(2) if the execution of the decision of movable assets should be seized for sale

gradually for several claims or volunteered time for more

legitimate or creditor, shall be paid by the Court after a collision cost of sales,

Alternatively, after deduction of value added tax, if the mandatory tax payer

value added tax and has served the vydražená thing of the business

each of the activities authorised or creditors the proceeds according to the order.



(3) if the Court finds the registers of persons or property that monetized movable

thing is ensured in accordance with the criminal procedure code, and if exceeds the proceeds achieved

the claim for which enforcement was ordered, shall inform the Court of

This authority is active in criminal proceedings, to ensure

decided to. Unless authority is active in criminal proceedings within 30 days of the Court, that

the provision also applies to the rest of the proceeds shall be paid to the rest of the proceeds

to the debtor.



(4) if the proceeds achieved exceeds the claim for which the performance

the enforcement of that decision, and the Court shall take place in accordance with paragraph 3,

the rest of the proceeds to the debtor.



(5) if the debtor refuses to take the rest of the proceeds or his stay

is not known, the Court shall proceed mutatis mutandis under section 301 of the Act on special

proceedings of the Court; the time limit under § 301 para. 1 of the law on special

proceedings of the Court shall start to run from the date on which the debtor refused to the rest of the

proceeds to take over or when the rest of the proceeds returned to the Court as a

undeliverable.



section 331a



(1) if sold to a movable object that has been converted to a debt

the debtor for the benefit of his creditors, stopped or detained, the Court

pays the proceeds of monetization stuff first, the creditor whose claim has been

ensure the detention law. In the payment of the proceeds of the pledgee,

a creditor whose claim has been ensured by the custodial transfer rights

and the creditor in whose favour the case was drawn up, another beneficiary, and

further to the creditor shall be treated according to the order.



(2) for the sale of goods, which were separately stopped (vespolným

Lien) for multiple claims, proceed mutatis mutandis under section

337d.



§ 332




(1) the order in which the Court carried out the payment of individual claims,

controls the date on which he reached the Court on the enforcement order for

individual claims or other authorized or another application

the creditor [§ 328b (4) (b), (g))]. If enforced, the more

true or another creditor claim damages or non-material

the injury caused by the criminal offence or the claim of unjust enrichment

obtained a criminal offence, if the movable thing provided in criminal

the procedure for this criminal act and if the design or application filed in

the time when the guarantee referred to in the Criminal Procedure Code governs the order continues, the day of the

the decision regarding the securing of movable property in accordance with the criminal procedure code.



(2) to order the lien and retaining a transfer is

the decisive day.



(3) If several claims of the same order, and the proceeds of the sale are not enough to

their full satisfaction, to satisfy these claims fairly. Without

regardless of the order they will satisfy the priority claims, for which it provides

a special regulation. If the beneficiary of another creditor claims

compensation for personal injury caused by the crime, will satisfy her

the claim regardless of the order before the claims of other creditors.



Cash and securities or instruments representing the right to repayment of the

amount due



§ 333



(1) if the enforcement a higher amount of money in the currency of the United

the Republic than under section 322 paragraph. 2 (a). (f)) of the performance

the decision ruled out, dispose of the amount subject to enforcement

as with the proceeds of the sale (section 331, 332).



(2) if they can find in the performance of the decision the world's tradeable gold

or the funds in a foreign currency, their sale or

shift to the currency of the Czech Republic according to special regulations ^ 90). The achieved

the proceeds will spread and be paid under section 331 and 332.



§ 334



(1) in the case of securities or book-entry securities or instruments

representing the right to repayment of the amount owed, according to their nature, the Court

and the opinion of the authorized either ask whoever has to fulfil, to the corresponding

the performance gave the Court, or will take care of monetization.



(2) if the Court who has according to the book-entry securities,

the securities or instruments meet to the corresponding performance gave

the Court shall proceed mutatis mutandis under the provisions on the enforcement of decisions

commandments of the claim, while the negotiations required to exercise the rights

that is according to the specific laws of the mandatory as the person authorized to

of securities or other instruments or book-entry securities,

instead of the debtor performs the executor. With acquired amount shall be disposed of as

with the proceeds of sale (§ 331-332).



§ 334a



(1) if they have not been written, securities or book-entry securities

converted to cash according to § 334 para. 1, the Court listed securities

cashing in by a securities dealer or a foreign person

providing an investment service in the Czech Republic ^ 91). The Court has

all rights not otherwise pertain to the debtor as to the owner of a security

the paper.



(2) The amount shall be disposed of as obtained with the proceeds of sale (§ 331 to

332).



The sale of immovable property



§ 335



(1) enforcement by sale of immovable property may be ordered, only

If true marks the immovable thing, whose sale suggests, and if

the documents issued or certified by the national authorities, where appropriate

public documents notary ^ 76) demonstrate that the immovable thing is in

ownership of the debtor. That was a proposal on enforcement

the decision of selling immovable property, the Court shall inform the competent

Land Registry Office.



(2) further authorized the writ of sale

of the same immovable property brought by the competent court before the Court

final rule on regulation of enforcement, shall be deemed to

accession to the proceedings, from the date of filing of the application. The design of the next

authorized, which was lodged with the Court, the Court shall forward the nepříslušného without

decision to the competent court; in this case, the proposal shall be deemed

accession to the proceedings of the date when the proposal came to the competent court. For more

true must accept the status of the proceedings in which it is in its accession.



(3) a Creditor may withdraw its proposal until the final resolution on the

regulation enforcement. However, the Court stops the proceedings only if the

with the consent of all the permissions, who have agreed to the procedure.



section 335a



(1) For enforcement by sale of immovable property is

critical status at the time of initiation of the proceeding.



(2) enforcement applies to immovable thing with all the

its components and accessories; This also applies to movable things

they are accessories of immovable property. Enforcement the sale of real estate property

things, for whose use it is used the thing in co-ownership, shall

also apply to share on this issue in the co-ownership.



§ 335b



(1) in its resolution on the Court of compulsory enforcement



and after) disables service of the order transferred the immovable thing on someone

another, or burdening the it;



(b)) to the Court within 15 days after service of the order announced that and who

immovable property has right of first refusal, entered a reservation, the right of repurchase

the relevant factual proof, výměnek or lease or right of pachtovní,

in the case of non-registered rights in the land register, with lessons that when you

the omission of a required, possibly his spouse is liable for damage by

caused by;



(c)) to the Court within 15 days after service of the order announced that

immovable thing acquired as replacement property, and as such

immovable thing that has the right to freely dispose of it and whether they are performance

the decision enforced zůstavitelovy debts or debts related to the necessary

the administration of goods acquired as replacement property, and to show these

the fact the documents issued or certified by the national authorities,

where public documents as a notary;



(d)) disables that after service of the order refused to immovable thing, if it

bought on an exam or to give up the right to claim compensation for the damage

incurred on the property.



(2) the rights referred to in paragraph 1 (b). (b)), which are entered in the land register

real estate, the Court finds from the real estate register, and, if possible, so

by means of remote access.



(3) the resolution of the writ the Court delivers to the creditor, to those

who proceeded to the control, such as additional permissions, husband,

principal and competent to the cadastral authority. Provide proof required that

immovable thing acquired as replacement property, and they can demonstrate to other

fact pursuant to paragraph 1. (c)) or do not get along-if these facts

indicate otherwise, the Court stops the execution of the decision.



(4) where the enforcement of immovable property registered in the cadastre

real estate, the Court in the resolution shall indicate her usual naming or

determine, where appropriate, additional information relating to immovable property.



(5) when the Court delivers legal force resolutions on enforcement

the persons for whom he is known to have an option to purchase real estate property,

objection reverse purchase, right in rem, or rental or výměnek pachtovní

the right to the tax authority and the Municipal Council, in whose district is immovable

thing and in which the debtor has his domicile (seat), and the display is on

the court notice board. That resolution has become final, the Court

shall inform the competent land registry office.



(6) if the execution of the decision stopped the Court inform the legal

can the resolution of the appropriate land registry office.



§ 336



(1) after the final resolution of the enforcement order, the Court shall designate

the experts, which saves, to appreciate the immovable thing and its accessories

the price of the usual.



(2) if necessary, the Court performs a physical inspection of immovable property and its

accessories. About the time and place of the examination, the Court shall inform the authorized ones

who proceeded to the control, such as additional permissions, principal and expert.

Required, where appropriate, other persons are required to allow inspection of the

immovable property and its accessories, necessary for the implementation of the award.



(3) if the debtor does not allow inspection of the immovable property, and if it cannot be without an inspection

price to determine the Court authorised to ordain to the immovable property of the statutory

access.



(4) If an immovable thing and its accessories were previously valued

in the manner specified in paragraphs 1 and 2, and if the circumstances have changed

decisive for the award, the Court may refrain from the new valuation.



§ 336a



(1) according to the results of an inspection carried out pursuant to the award and § 336 the Court



a) immovable thing that performance concerns,



b) accessories of immovable property to which the power relates,



(c) the cost of immovable property) and its accessories, which are

performance refers to,



(d)) the Court notified or otherwise known easement, lease, výměnky

pachtovní or pre-emptive rights in an auction sale of a Lord.



(2) the Court may also decide on the termination of tenancy or pachtovního

rights, or rights of the corresponding výměnku factual proof, if



and rent or rents) is, where appropriate, the proportion of revenue from things completely

disproportionate rent or pachtovnému, or the relative part of the proceeds from the


the case in the usual place and time, or if an easement or výměnek completely

undue advantage to authorized, and



(b)) this law significantly restricts the ability to sell the immovable thing at auction.



(3) the resolution of the Court shall deliver to the creditor, to those who have agreed to the procedure

as additional privileges to the debtor and to persons whose rights and

duties of the Court referred to in paragraph 2. The hearing is not to be

to order.



(4) the Court will change the resolution for the price, if issued, auction

If the significantly changed circumstances relevant for the valuation of intangible assets and

its accessories.



§ 336b



(1) the enforcement of a decision shall be made by the Court will order the auction legal

can a resolution under section 336a.



(2) the Court shall specify in the auction



and) date, time and place of auction action (§ 336d)



(b)) the designation of the immovable property and its accessories [§ 336a (1) (a).

a) and b)],



c) serial number of the auction conduct



d) resulting price [§ 336a, paragraph 1 (b), (c))],



(e) the level of the lowest of Administration) (§ 336e (1)),



(f)) of the security and how it is paid (§ 336e (2)), or

communication that does not require the payment of a security,



g) easement, lease, výměnky, and pachtovní or pre-emptive rights,

sale of immovable property by auction Lord [§ 336a (1) (a).

(d))],



h) assumptions under which the successful bidder can take if the immovable

thing and becomes its owner (section 336l, paragraphs 1 and 2).



(3) in the auction, the Court shall invite the



and) everyone who has the right, which does not allow for auction (§ 267)

applied in the courts, and that such application of the law demonstrated before the

starting the auction conduct with the warning that otherwise its the law

will not be taken into account in the enforcement,



b) anyone who has real estate property lease or pachtovní law, výměnek

or easement registered in the land registry, which is not listed

in the auction, unless the tenant of the apartment, retired owner, if it is part of the

výměnku the right to housing, or beneficiary, of easement to

the Court said such a right, and to show him the documents, otherwise such a right

ceases to exist or in the event of impact of agricultural tenancy at the end of pachtovního

of the year.



(4) in the auction, the court notifies the



a) authorized, you who in the management proceeded as additional privileges, and

other creditors of the debtor that may satisfy the claim of the other

enforceable claims or claims secured by a lien,

than those for which enforcement was ordered, if the logs

no later than the opening of escrow hearing and the application will contain

requirements referred to in § 336f para. 2 and 3, and the lesson that to design applications, in

where the amount of the claim or its accessories will not be listed, with

not taken into account (§ 336f)



(b)), those who in the management proceeded as additional privileges, and

other creditors and the debtor that may deny claims to

their authenticity, above, the inclusion in the group, and the order and no later than

15 days from the date of publication of the notice in accordance with § 336p para. 1, or in the same

the deadline to apply to layout distributed nature has been ordered

negotiations, and will learn is that to objections and requests for hearing made later

shall be disregarded,



c) bidders whether admits that the highest bid was made at the

the loan with the establishment of a lien on real estate, auctioned



(d)) people who have immovable property right of first refusal or reservation

repurchase, that it can apply only in an auction as bidders and that

Hammer right of first refusal or reservation repurchase shall lapse:

unless the right of first refusal of the Commissioner to the land or the land owner

to the right of pre-emption to the owner of the building, the construction of the land and the owner of the

land for construction or legal right of first refusal, which hammer

do not expire,



(e)), that the land that is subject to enforcement,

It is burdened by the law construction, and if they find out this fact from the public

the list.



§ 336c



(1) the Court shall deliver the auction notice:



and creditor, to those) who in the management proceeded as additional permissions

to the debtor, the debtor's spouse to the persons for whom he is known to have to

an option to purchase real estate property or a lien or reservation of repurchase,

shall be served on the person to whom the resolution pursuant to § 336a, and the persons that have already

known to its recoverable accounts receivable or receivable secured by

Lien for the compulsory and the relevant documents is demonstrated



(b)) to the tax office and the Municipal Council, in whose district is immovable thing

and in which the debtor has his domicile (seat),



(c)) for those who collect social security contributions, contribution to the

State employment policy and health insurance

insurance,



(d) the cadastral Office)



e) Municipal Office municipality with extended powers, in whose district the is

immovable thing.



(2) the persons referred to in paragraph 1 (b). and the auction, the Court decree delivered)

into their own hands.



(3) the Court be posted on the day of its release the auction notice on the official Board

Court and asks the local authority in whose area it is immovable thing to

a decree or its essential content published in place of the usual way.

Resolution on enforcement at the same time removed from the official boards

the Court.



(4) the Court may, in justified cases, the auction notice or its

essential content to publish in the local press, national or, where appropriate,

other appropriate means.



(5) against the auction is not appealable.



§ 336d



(1) the Auction can take place at the place where the immovable thing or

Court or at another suitable place.



(2) the auction conduct court orders for at least 30 days after the date of issue of the auction

the Decree.



§ 336e



(1) the lowest administration of the Court shall be two-thirds of the resulting prices.



(2) the Tribunal shall fix the amount of security according to the circumstances of the case, but not in the

the amount of not more than three quarters of the lowest submission. The guarantee may be

to pay either in cash to the cashier of the Court, if the amount does not exceed

set as a maximum for cash payment under the Special

law, or payment on account of the Court. For payment to the account of the Court

account may be taken only if it was before the start of the auction conduct

found that on account of the Court.



(3) a person who wishes to exercise its right of first refusal during the auction or a reservation

repurchase, must demonstrate to the Court no later than before the start of

auction action. The Court even before the actual auction will decide

whether the right of first refusal or reservation of repurchase are shown; against the

This order is not appealable.



§ 336f



(1) a creditor who has a claim secured by a lien to real estate

things, or who has a claim against the debtor conferred by decision,

conciliation or other title referred to in § 274 (enforceable claim)

It may be to apply no later than the commencement of auction action.



(2) the application must contain



and the amount of the claim) and its accessories, whose satisfaction is

the debtor by the creditor seeks,



(b) the quantification of the claims on the day) the venue of the auction,



(c)), an indication of to what the group claims include,



(d) relevant to the order) the facts of the claim.



(3) the application referred to in paragraph 2 shall be accompanied by documents

proving that it's enforceable claim or claim

secured by right of lien, unless those facts arise out of the content

the file.



(4) late or incomplete applications, the Court rejects the resolution; against the

This order is not appealable.



(5) the creditor is obliged to immediately notify the Court changes related to the

the application, which occurred after the service of the Court. When to notify

the creditor is liable for damage caused by it.



§ 336g



cancelled



§ 336h



(1) the auction may manage only the judge. Individual tasks

the hearing, which is not selected, on the basis of the judge's credentials can perform

the executor or other employee of the Court; in doing so, will be subject to the instructions of the judge.



(2) as the auctioneer may only participate in the negotiations, who paid into the

begin negotiations certainty the escrow is not in the auction

It does not require the lodging of a security.



(3) a natural person may bid only in person or through a representative,

the power of Attorney has been officially verified. As a legal person, a municipality, a higher

territorial self-governing unit or State of the persons referred to in section 21, 21a and

21B, which your permissions must demonstrate by the Charter, which was officially

verified, or their representative, the power of Attorney has been officially verified.



(4) bidders shall not act As judges, employees of the courts, required

husband of compulsory, the successful bidder referred to in § 336 m para. 2 and those who in

the acquisition of the things preventing the special regulation.



(5) before the start of the auction, the auctioneer is required to prove your identity.

Name, surname, permanent address and date of birth of the Court a notice in the

the Protocol on the auction.



§ 336i



(1) if it is discovered that the action was brought on the exclusion of sold

immovable property from the enforcement of decisions (article 267), a court auction conduct odročí

until the final decision on the application.




(2) the Court stops the execution of the decision, the selling of immovable property in which it has

principal place of residence, if the above claims, those

who in the management proceeded as additional privileges, and the registered creditors

the statutory negotiations at the time of the initiation of the escrow does not exceed 30 000 CZK

without accessories. This does not apply in the case of the maintenance claim or the

claim compensation for the injury caused to the victim bodily harm or

criminal offence or would be contrary to good morals.



(3) after the start of the hearing the judge first auction



and) will decide whether it is proven right of first refusal or reservation of repurchase

(§ 336e (3)),



(b)) shall notify the which other easement, lease, výměnky and pachtovní or

pre-emptive rights not mentioned in the auction on a real estate property is slack,

and consider whether the auction conduct neodročí to a decision under section 336a.



(4) after performing the acts referred to in paragraph 3, the judge shall invite those who may

bid to make the submission.



(5) the Auction shall be held until the bidders make submissions; the bidders are bound by

their submissions until the Court shall not grant a hammering action. The price auctioned is not

limited provisions of price laws.



§ 336j



(1) the hammer can be granted to a person who has made the highest bid, and which are

met the other conditions laid down by law. Has made multiple bidders

the same highest bid, the Court shall grant the hammer first, to bear witness

right of first refusal or reservation of repurchase. If there is no vesting as follows

granted, it shall grant the bidder who was determined by lot.



(2) before the hammer with the judge ask the purchaser if the highest

the submission will be pay by using credit.



(3) in its resolution on the hammer, the Court



and) provides for time to pay the Supreme administration, which begins on the date of

final the hammering and may not be longer than 2 months, or



(b)) the auctioneer to stores within 2 months from the acquisition of legal power has submitted

the contract pursuant to § 336l para. 4 or so that made the highest within this period

Administration.



(4) in its resolution on the hammer, the Court referred to in paragraph 3 saves, principal

If this is the nature of the real estate property to auctioned item the immovable

the thing cleared no later than 15 days from the legal force resolution or

the replenishment of the Supreme administration, came later, and instruct the participants about the

options to proceed under section 336ja paragraph. 1 with the quantification of what is

the minimum předražek and when it must be done.



(5) The highest bid to be reallocated by the buyer guarantee.



(6), which Has not been granted the hammer, returns paid security

After the end of the auction action.



§ 336ja



(1) unless the persons referred to in paragraph 336h paragraph. 4, each within 15 days of

date of publication of the resolution on the impact of the Court in writing to propose that the

If the immovable thing wants to acquire at least a quarter of the amount higher

than was the highest submission (předražek). The proposal shall contain the particulars

pursuant to section 42 and the signature of the petitioner must be officially verified. The proposals leads

the Court separately and assigns them to the file only after the expiry of the period referred to in sentence

the first.



(2) the petitioner shall předražku within the time limit referred to in paragraph 1

předražek on account of the Court to pay. The provisions of § 336e para. 2

by analogy. If it is not properly and in a timely manner, the Court has been paid to the předražek design

předražku not taken into account.



(3) After expiry of the period referred to in paragraph 1, the Court shall invite the successful bidder, in order to

three days announced that increases your highest bid on the amount of the highest

předražku. Then the Court will issue a resolution on the předražku, in which the resolution on

Hammer cancels and decides who is předražitelem and at what price

immovable thing.



(4) if it is made more předražků, immovable thing becomes the one who will make the

the highest předražek, in the case of the same submission, the auctioneer, then the one who

the proposal made by the first, after will be decided at the hearing by drawing lots.



(5) in its resolution on předražku Court saves the compulsory, so that if the

immovable thing cleaned out not later than 15 days after the acquisition of legal power

the resolution, if the nature of the auctioned real estate. Increased if the

the successful bidder for the amount of your submission of the Supreme předražku, provides his

the same time for the replenishment of the Supreme administration of what was intended in the

resolution on the impact. The resolution of the Court shall deliver to the creditor, who

the proceedings went up as more legitimate, mandatory, the auctioneer and all,

who made the předražek.



(6) Failed appellants is předražku amount paid returns after

the legal force of the resolution on předražku.



(7) an appeal against a resolution on předražku and appeals

brought against a resolution on impact.



§ 336k



(1) a resolution on the impact the Court delivers to the creditor, who in the management

He came over as more legitimate, principal and auctioneer. Resolution on the

the hammer will be posted for 15 days on the court notice board, together with the

the challenge to the lender to within 15 days of its posting

vyčíslili your claim to the date of the auction. In the resolution chart posted

on the notice board of the Court are not shown as figures showing that it is possible to

to identify the purchaser.



(2) against a decision on granting the hammering may be appealed only to the person

referred to in paragraph 1, first sentence.



(3) within 15 days from the date of the auction may also lodge an appeal hearing



and) persons referred to in § 336c para. 1 (b). and), which has not been delivered

auction, if it is for this reason, the ' auction

the negotiations,



b) bidders who attended the auction, if the negotiations are

that the progress of the auction were truncated to their rights.



(4) the Court of appeal resolution on the changes so that the hammer is hammer

If the control does not grant occurred to such defects that the appellant

Unable to attend the auction, or if he was hammering independent because, when you

Escrow Act or regulation in breach of the sale

the law. For the same reasons the Court of appeal also changed the resolution on předražku.

The provisions of § 219a shall not apply.



(5) the resolution of the Court of appeal shall be served on the persons referred to in paragraphs 1

and 2 or the persons referred to in paragraph 336ja paragraph. 5. If there was a resolution on the impact

or the Court of appeal of předražku changed, the Court of first instance

new auction action.



§ 336l



(1) the successful bidder is entitled to take if the immovable thing with

accessories on the day following the delivery, pay the highest

However, at the earliest after expiry of the period under section 336ja paragraph. 1; If, however, was

given such a proposal, immovable thing with accessories you can take on the day

following the date on which it was delivered to předražiteli the resolution on

předražku.



(2) the successful bidder becomes the owner of auctioned real estate with

Accessories, a resolution on the impact of legal power and paid to

the highest submission, to the date of issue resolution on impact. Předražitel is

becoming the owner of the immovable with accessories, if a resolution has

předražku legal and předražek, and it has been paid on the date of its

release.



(3) the highest bid or předražek can be paid either in cash to the

the cashier of the Court, does not exceed the amount established as the highest possible

for a cash payment under special legislation, or the payment of

on behalf of the Court. From the obligation to pay the highest bid is successful bidder

freed up to a maximum of two-thirds of the Supreme administration, if it can be

reasonably assume that such encounters to satisfy his

claims in the schedule.



(4) the Court shall establish a lien on the real estate auctioned for the benefit of

the creditors of the credit agreement, if the successful bidder shall submit to the Court the contract

a loan in which the



and credit will be tied) only for the payment of the highest submission



(b) the loan will be paid to the Court), and at the latest within a period of 2 months after

expiry of the period referred to in paragraph 336j paragraph. 3 (b). (b)),



(c) the loan was provided by the lender), which may on the territory of the Czech Republic

operate according to the law on banks.



Lien, the Court invalidated, if the time limit for the replenishment of the Supreme

Administration to no avail. Against that order is not appealable, and delivers

just the auctioneer.



(5) the date on which he became the owner of the auctioneer or předražitel

auctioned real estate property,



and the corresponding burden) the right of re, výměnek, rental law, or

pachtovní right, unless an easement housing, výměnek, whose

part of the right to housing or rent an apartment, not in the auction

the decree or non-notified by the Court after the start of the auction conduct



(b)) and an option to repurchase the auctioned of immovable property, with the

the exception of the right of pre-emption of a builder or the owner of the land plot

to the right of the building, the owner of the right of pre-emption to the land or buildings

the owner of the land for the building and the legal right of pre-emption,



(c)), the prohibition of resale reservation disposal or loading, reservation

better understanding on the buyer, the purchase of the exam, the waiver of rights to compensation

the damage to the land, the future of the lien and the future výměnek. The agricultural

Pacht in auction or non-notified by the Court after the start

auction at the end of the year the negotiations expires pachtovního. The Court confirms that

the material or other rights registered in the land register slow-moving on

immovable property was destroyed and that works against the auctioneer or

předražiteli.




(6) the successful bidder or předražitel, which did not become the owner of the auctioned

immovable property, is obliged to return it to the debtor, to issue him with the fruits and benefits

and the loss or damage, caused when the management of immovable things, and

its accessories.



(7) on the basis of a final resolution on the hammer or a final

resolution on the předražku or předražitel can submit a proposal to

enforcement of a clearing out or removing of immovable property.



§ 336 m



(1) if it has not been made or during the auction the lowest of administration, the Court auction

the negotiations will end. The next auction of the negotiations on a proposal from the Court authorized

or the guy who walked into the proceedings as more legitimate, that can be

submit soon after 3 months of unsuccessful auction; If it is not

application is made within one year, the Court stops the execution of the decision.



(2) if the successful bidder does not pay the highest submission or in the additional period of time,

which he has designated by order of the Court and which may not be longer than one month,

resolution on hammering the mere lapse of the time limit, and the Court shall be deleted;

will order another auction of the negotiations. Court even if

the successful bidder did not produce a credit agreement, the highest bid was not

made within the time limit referred to in paragraph 336l paragraph. 4, or did not pay in the

the prescribed time limit předražek.



(3) at the second auction of the negotiations referred to in paragraphs 1 and 2 is the lowest

the submission shall be 50% of the final price (§ 336a (1)); in the third

official negotiations is 40% of the resulting price, 30% in the fourth and in the fifth

auction conduct 25% of the final price. If you fail to immovable thing

sold or after court proceedings stopped.



(4) of the regulation and the implementation of other auctions shall apply mutatis mutandis the provisions of §

336b para. 2 and Article 336b of paragraph 1. 4 (b). (c)), section 336c with the exception of paragraph 1

(a). (b)), and (c)), § 336d, § 336e para. 2, § 336h, § 336i para. 4 and 5, §

336j to 336l, § 336n and 336o.



§ 336n



(1) the successful bidder referred to in § 336 m para. 2 is obliged to compensate the costs,

that State, and the participants have arisen in connection with the next auction

through negotiation, the damage sustained by the fact that the highest bid didn't pay, and,

If at the next auction of the negotiations achieved lower maximum filing

the difference at the highest dose. On these debts shall be counted

the successful bidder; If the security exceeds the debt, the remaining part of the returns

the auctioneer.



(2) a debt referred to in paragraph 1, the Court, after hearing an order.



(3) sufficient to cover the debts referred to in paragraph 1 of the guarantee,

According to the promoter shall submit an enforceable resolution referred to in paragraph 2 to

the recovery of amounts proposal for enforcement against

the auctioneer.



(4) the amounts attributable to the reimbursement of the costs of the Court shall be paid by the State or

participants who have been allocated. Other compensation are attributable to the

distributed nature.



§ 336o



(1) an auction can also be done electronically using the Internet.



(2) in the auction, the Court lays down



and) registration method and the manner in which the bidders are the bidders required to

to tell your name, surname, place of residence, social security number, and unless

allocated, date of birth,



(b) information on the procedure) during the auction or a link to the Internet

the pages on which this procedure is published,



(c)) the address of the website to which the auction will be held and where can

public auction watch,



d) date and time of the start and end of the auction, during which you can increase

Administration,



(e)) the date by which the successful bidder must say whether it will be the highest submission

to pay a loan with the establishment of the lien to auctioned real estate property,



(f)), the term lodgement,



(g) the term proof of submission) avoidance actions,



(h) application of the term) of pre-emption or reservations of the repurchase and

the method of communication of the decision, that the right of first refusal or reservation of backward

purchase demonstrated.



(3) If more bidders Made the same highest bid, the Court shall grant the

Hammer first bidder, which suggests an option to purchase or

reservation of repurchase. If it is not granted in this way, hammering it

the Administration has made to the auctioneer as the first. Paragraph 336j paragraph. 1

the second sentence shall not apply.



(4) for the auction carried out by electronic means shall apply mutatis mutandis the provisions of § 336b

up to 336n.



§ 336p



(1) not later than 7 days from the date of the first auction on the official court

the Board shall publish a notice of registered claims as well, on which the Court of

Decides in the schedule, including the creditor's notice of their inclusion in the

and the order of the groups in this group. In the notice of the application, which shall

have been rejected, and the reason for that to happen. In the notice will instruct

signed in the creditor pursuant to § 336b para. 4 (b). (b)) and on the obligations of

§ 336f para. 5.



(2) if the Court has not decided yet to the publication of the notice on some of the

the application form in accordance with § 336f para. 4, indicate this fact on his notification

separately. If the application is not rejected, then sends the claims court

the creditor, the debtor and the creditors, all of which

claims court decides in the schedule, additional notice of consultation

such claims, and will learn is that no later than 15 days from the date of delivery of the

notifications can claim to deny its authenticity, above, the inclusion in the

Group, and the order or request that the distributed nature of

the hearing was ordered, with the opposition or request for hearing

made by later shall be disregarded.



§ 336q



(1) if so requested by at least one creditor, the creditor or, where applicable,

required under § 336b para. 4 (b). (b)) or § 336p para. 2 the Court shall authorise

After the final resolution on the impact of the Supreme, the payment of the filing or

předražku is the successful bidder, the final resolution on the předražku and the expiry of the

period under section 336p of the negotiations on the schedule distributed by the nature.



(2) the Court makes the negotiations on schedule distributed nature and shall decide on the

the Division also on a proposal from the tax authorities. The distribution of the substance of the

performs tax administrator, who filed a proposal, after which the decision

issued by a court.



(3) the Court shall summon participants in the negotiations, which are legitimate,

the one who came up in the proceedings as more legitimate, mandatory and persons

that made the application, unless their application has been rejected (para.

336f para. 3).



(4) the summons to a hearing rozvrhovému is also posted on the official notice board

the Court.



§ 337



(1) if it is not ordered negotiations on schedule in accordance with § 336q para. 1, the Court

lays out the essence of being divided under section 337c.



(2) the provisions of § 336q para. 2 shall apply mutatis mutandis.



(3) the participants in the timesheet are legitimate, the one who came up in the proceedings

as more legitimate, mandatory and persons who have submitted an application form, unless

their application was rejected (§ 336f, paragraph 4).



§ 337a



Circulated to the essence of the filing and forming the highest interest from it, or

the compensation that the essence of fall under section 336n paragraph. 4, and on these

the compensation included the security of the purchaser referred to in § 336 m para. 2,

Alternatively, after deduction of value added tax, if the mandatory tax payer

value added tax and has served the vydražená thing of the business

activity.



section 337b



cancelled



§ 337c



(1) the nature of the distributed budget gradually according to the following groups:



and costs incurred by the State) claims in this proceeding,



b) receivables from mortgage loans or part of the claims used

to cover the nominal value of the mortgage bonds,



(c) the claim of the claimant, the claim), who came up in the proceedings

as more legitimate, and receivables secured by a lien or

locking a transfer,



(d) the arrears of maintenance),



e) taxes and fees, insurance premiums, on public health

insurance and social security contributions,



(f) compensation) claims of injury caused by the crime,



(g)) other receivables.



(2) If you cannot fully satisfy all debts belong to the same group,

satisfied by the order; claims belong to the same group, which

they have the same order, to satisfy a relatively.



(3) trade receivables secured by a lien shall be deemed to be

Schedule to be payable.



(4) interest or interest on late payments in the last three years prior to the rozvrhovým

the negotiations, as well as to pay the costs, in order to satisfy the

principal. It is not enough if the divided nature, shall be before the principal.

If to cover the nominal value of mortgage bonds is used

only part of the claim of mortgage credit, to satisfy the requirements referred to

in the first sentence.



(5) For the order is crucial



and creditor) on the day when the Court reached its design on performance

regulation enforcement,



(b)) of the claims in the proceedings went up as more legitimate,

a day that is considered to be accession to the proceedings,



(c)) for claims a day when the Court reached application,



d) for claims secured by a mortgage lien, day



(e)) in creditor, who came up in the proceedings as an additional

true, or claims for damages or non-material

the injury caused by the criminal offence or from unjust enrichment obtained

the crime, if it was immovable thing provided in criminal proceedings concerning


This criminal act and if the design or application is filed at a time when

under the criminal procedure code, the day takes the decision about

ensure the immovable property according to the code of criminal procedure.



The order of the accounts receivable is determined according to point of view, which is for her

more profitable.



(6) if the Court finds from the land registry that is monetized immovable thing

ensured in accordance with the criminal procedure code and the proceeds achieved exceeds all

the claims, which have been in the schedule met, shall inform the Court about this

fact, the authority in criminal proceedings, which decided to hedge.

Unless authority is active in criminal proceedings within 30 days of the Court, that

ensure also apply to the rest of the proceeds shall be paid to the rest of the proceeds

to the debtor.



(7) if the Court does not flow under paragraph 6, shall be paid after payment of all

claims that are to be met, the rest of the distributed nature of

to the debtor.



§ 337d



(1) were sold in the auction all immovable property on which the stick

claims secured by right of lien for the same claim (hereinafter referred to as

"vespolné lien"), to pay such claims when the timesheet

each distributed in proportion to the merits of the residues distributed by

for the essence of that remain for each immovable property after payment of

the preceding claims. Where the creditor satisfaction in different proportion

orders to persons who would have received as a result of the distributed

the essence of less the amount that would, on such a claim up to

the amount of the deficit of each distributed by gist.



(2) have not been sold in the auction all immovable 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 immovable property determined in accordance with the Special

prescription. ^ 92) of the amount by which the creditors would be with a later order

truncated by a creditor of the debt secured by a lien on the vespolným

the law got more than it seemed from the proceeds of sold

immovable property, it shall, on their proposal for a lien on the

unsold real things in the order that it was for the uspokojenému

to the creditor.



(3) the provisions of paragraphs 1 and 2 shall apply mutatis mutandis to receivables,

that burden the shares of several co-owners of the same immovable property.



§ 337e



(1) in the rozvrhovém court decides whether or not the resolution of the claims, which have been

disowned by the authenticity, above, the inclusion in the group or order, if

You can decide about them without the taking of evidence; This does not apply for claims to

that, in part, by groups or by the order of payment is not an option

distributed nature.



(2) the Court shall invite the other creditors to within 30 days of final

rozvrhového resolutions filed pursuant to section 267a para. 1 if the

disputed claims found at least in part payment of the distributed nature of;

the amount attributable to the disputed claims court so that it

be dealt with subsequently.



(3) objections that have not been applied in a timely manner pursuant to paragraph 2, the

not taken into account; about this effect must be advised all who were invited

to make an application under section 267a para. 1.



(4) in an application pursuant to section 267a para. 1 cannot be applied to the new

fact.



§ 337f



(1) after the final decision on the application under section 267a para. 1, the Court

continues the rest of the distributed nature of distribution.



(2) if the nature of the hearing, the Court ordered negotiations

and to divide the rest of the distributed nature of. This hearing the Court

nepředvolá participants, whose claims have been referred to in the previous

rozvrhového resolution of the met. When you schedule the rest of the distributed

the essence of otherwise proceed by analogy with § 337 paragraph. 2 and 3, § 337a,

337c and 337d.



§ 337g



(1) in rozvrhovém the resolution of the Court admits the claims of their creditors and

stating that the granted claim after the legal force of a resolution. U

claims of the purchaser shall indicate the extent to which it pays and in what

the scope of it be entered against the Supreme administration.



(2) the Court will change the resolution on the schedule who was not in the legal power, if after

its release made the lender notice pursuant to § 336f para. 5.



§ 337h



(1) the date of the resolution of the rozvrhového can cease liens

stranded on immovable property; paragraph 336l paragraph. 4 this does not prejudice.



(2) After the Court resolution legal force rozvrhového shall inform the competent

Land Registry Office, the successful bidder or předražitele about that pledge

the rights encumbering the immovable property and which acts against the

the auctioneer.



(3) after the issue of a resolution on the impact or the resolution on předražku cannot be

stop the execution of the decision. Participants schedule may, however, for the reasons

referred to in § 268 to deny the claim of the creditor or another authorized.



The sale of co-ownership



§ 338



(1) enforcement by sale of co-ownership are

the provisions on enforcement by sale of movable and immovable

things, unless the law provides otherwise. The sale of assets, enforcement

immovable property cannot be required only to share in the immovable property in the

co-ownership.



(2) in the case of the sale of co-ownership of movable property, the Court shall deliver

co-owners of the statutory resolution on enforcement in

perform an inventory task, or when an inventory or after discovering that the thing is

under joint ownership, and shall notify it of the auction a year. Co-owner of the statutory

is obliged to provide an inventory of things in ownership; the obligations imposed on

compulsory in § 325b and 326b also applies to it. If you take part in a joint owner

compulsory auctions and make the other bidder the same highest bid,

hammering him shall be granted; the provisions of § 329 paragraph. 2 the second sentence shall not apply.



(3) in the case of the sale of co-ownership of real estate property, the Court

delivers a final resolution on the co-owners of compulsory enforcement

the decision and the auction notice; the debtor may file a joint owner

the conditions referred to in paragraph 336c paragraph. 5 the appeal against the auction.

If you take part in a compulsory auction and make a co-owner with other

the same highest bid to the auctioneer, he shall grant the hammer; the provisions of §

336j paragraph 1. 1 the second sentence shall not apply. Co-owner of the debtor is

entitled to under the conditions referred to in paragraph 336k paragraph. 2 the second sentence of the

appeal against the order of the hammer.



the title launched



The sale of the pledge



sec. 338a



(1) enforcement by sale of the pledged movable and immovable

things are provisions for enforcement by sale of movable assets and

immovable property, unless the law provides otherwise.



(2) enforcement of movables sales may be ordered only by selling in

the decision marked a pledge. If the arrest or the pledgee on him

the other person, which was committed to a pledge agreement that it

the Bible, these persons are obliged to allow an inventory of this matter and its

Awards and issue court to auction; the provisions of § 325b and 326b for them

shall apply mutatis mutandis.



(3) the enforcement of a decision shall not apply to the sale of immovable property

the provisions of § 335 paragraph. 2 and 3, unless it is a beneficiary, of a further

resolution on the regulation of the sale of the collateral, and the provisions of § 336f, unless

the creditor secured by a pledge he had signed debt sold.



Chapter six



The establishment of a judicial lien on immovable things



sec. 338b



(1) enforcement of the decision establishing a judicial lien on real estate property

things may be ordered only if the creditor precisely marks the immovable thing,

to be lien established, and if the documents issued or

verified by State authorities or notary public ^ 76) demonstrate that the immovable thing is

in the possession of the debtor. That was a proposal on enforcement

the decision establishing a judicial lien on immovable property,

the Court shall inform the competent land registry office.



(2) for the enforcement by the establishment of a judicial Lien

the law is crucial to the State at the time of initiation of the proceeding.



(3) in its resolution on the Court of enforcement saves the debtor to

Court within 15 days after service of the order announced that the immovable thing came into

as a replacement, and when it comes to such immovable thing that has

the right to freely dispose of it and whether the decision to be enforced

zůstavitelovy debts or debts related to the necessary administration Affairs

acquired as replacement property, and to show these facts documents

issued or certified by the national authorities, where appropriate, public

papers of a notary. Provide proof required that the immovable thing a

replacement property, and they can demonstrate to other fact in the first sentence

or they come to these facts show otherwise, court enforcement

stops.



§ 338c



(1) enforcement by establishing a judicial Lien

applies to immovable thing with all of its components, and

accessories.



(2) the execution of the decision establishing a judicial lien on real estate property

things, for whose use it is used the thing in co-ownership, shall

also apply to share on this issue in the co-ownership. The performance of the

the decision establishing a judicial lien cannot be order only

to share in the immovable property in co-ownership.



(3) are excluded from enforcement of immovable property that the debtor


acquired as replacement property. This does not apply to the statutory right to

immovable things freely dispose of or with respect to the performance of the decision establishing the

zůstavitelovy shall be recovered debts or debts related to the necessary

the administration of goods acquired as replacement property.



§ 338d



(1) For the order of a judicial lien rights to immovable property is

the decisive day, in which the Court was on the establishment of a judicial

Lien; If there were several proposals on the same day, have a lien

the rights of the same rank. In the case of a claim for damages or non-material

the injury caused by the criminal offence or the claim of unjust enrichment

obtained a criminal offence if the immovable thing provided in criminal

the procedure for this criminal act and if the motion was filed at a time when securing

According to the code of criminal procedure takes is for order a judicial Lien

to immovable things a decisive day of the decision to provide

immovable property according to the code of criminal procedure. However, if it was merely for

the claim previously established statutory or contractual lien, governed by

to order a judicial Lien by the order of pledge

rights.



(2) for claims for which a judicial lien was set up, you can

lead enforcement by sale of immovable property directly against each

later the owner of the immovable property, which it has acquired contractually.



§ 338e



(1) in the performance of the decision establishing a judicial lien to

immovable property shall not apply the provisions of § 263 to 266, § and § 268 267a

paragraph. 1 (b). (e) the provisions of § 268.) para. 1 (b). g) can only be used

If it ceases to have a right decision granted before the application of the

Regulation of the enforcement of the decision.



(2) if the execution of the decision establishing a judicial Lien

finally stopped, the Lien by from the beginning. In the case of

that was stopped only partially, was from the beginning

ordered for the claim only the amount corresponding to the stop

enforcement of the decision.



(3) a resolution on the cessation or partial cessation of enforcement

the Court shall send to the competent authority in law to the cadastral authority.



The head of the seventh



Disability race



Regulation enforcement



§ 338f



(1) enforcement of the race can be mandated persons, only if the

True marks the plant whose disability is proposing, and if the showing that

the plant is owned by the debtor.



(2) further authorized the regulation enforcement people

the same race brought before the competent court before the Court RES

decided on the writ shall be deemed to accede to the

proceedings, from the date of filing of the application. The proposal further authorized, which

was lodged with the Court, the Court shall forward the nepříslušného without a decision

to the competent court; in this case, the proposal shall be deemed the accession to

the proceedings of the date when the proposal came to the competent court. Other authorized must

accept the case, which is in its accession.



(3) a Creditor may withdraw its proposal until the final resolution on the

regulation enforcement. However, the Court stops the proceedings only if the

with the consent of all the permissions, who have agreed to the procedure.



§ 338g



(1) for the regulation of the enforcement people race is crucial

status at the time of initiation of the proceeding.



(2) the regulation of the enforcement of the decision shall apply to assets that are used to

operation of the plant or by its nature is intended to serve this purpose,

According to the State, which is here at the time of impact. Enforcement of judgments

disabilities, race, whose use is used case in additive

ownership, shall also apply to share this stuff in additive

co-ownership.



(3) the exercise of decision cannot be affected by race, in the case of a bank.



(4) enforcement is barred from the race that required a

replacement of assets. This does not apply to the statutory right to race freely

dispose of or, in the case of enforcement of a decision, which shall be recovered

zůstavitelovy debts or debts related to the necessary administration Affairs

acquired as replacement property.



§ 338h



(1) in its resolution on the enforcement order, the Court will appoint an administrator

the plant (hereinafter referred to as the "Administrator"), and the debtor, and if a writ of

the decision of the race in the common property of the spouses, the spouse of the statutory



and after) disables service of the order or part of the race the race to

someone else;



(b)) to the Court within 15 days after service of the order announced that and who

has to race, its parts, or to property belonging to the race

right of first refusal or objection reverse purchase, in the case of non-registered rights in the

the land registry, with lessons that when you notify the debtor and, where appropriate,

his spouse is liable for damages caused by;



(c)) to the Court within 15 days after service of the order announced that the race

a replacement property, and when it comes to such plant, whether it has the right to

freely dispose with him and whether the decision to be enforced

zůstavitelovy debts or debts related to the necessary administration Affairs

acquired as replacement property, and to show these facts documents

issued or certified by the national authorities, where appropriate, public

documents notary;



(d)) disables that after service of the order property, which is used to operate the

plant or by its nature is intended to serve this purpose, transferred to the

another, at the expense of it or otherwise handle without the consent of the administrator;



e) directs that whenever administrators access to accounting and

other documents related to the site and without restrictions to enter

all of the space race.



(2) the rights referred to in paragraph 1 (b). (b)), which are entered in the land register

real estate, the Court finds from the real estate register, and, if possible, so

by means of remote access.



(3) the resolution of the writ the Court delivers to the creditor, to those

who proceeded to the control, such as additional permissions, husband,

compulsory, administrators, and to the competent court or authority of the rejstříkovému, which

leads a different register in which it is required. Provide proof required that

the plant has acquired as replacement property, and if they can demonstrate other facts

referred to in paragraph 1 (b). (c)) or do not get along-if these facts to light

otherwise, the Court stops the execution of the decision.



(4) After the Court delivers legal force resolutions on enforcement

persons, which is known to have to race or to individual components

the property, which is used to operate the plant, or due to their nature

to serve this purpose, pre-emption, lien or right of retention

or reservation of repurchase, the person to whom the rights belonging to the race

She was transferred to the debt the debtor for the benefit of his creditors, and

financial and Municipal Council, in which the circuit is a race, and in the

the circuit has required his residence (registered office). After the acquisition of legal power

the resolution also be posted on the notice board of the Court. That resolution has

the legal authority, the Court shall inform the competent court or authority which

leads a different register in which it is required.



Plant Manager



§ 338i



(1) the Court shall appoint an administrator of the person registered under the specific legislation in

list of insolvency administrators. ^ 94), the Court may, exceptionally, by the administrator

designate the person recorded to this list, if it satisfies the conditions for

inclusion in the list, if an administrator agrees with the provision.



(2) in the selection of persons, the Court administrator shall take into account, in particular, whether

Administrator, having regard to the nature of the necessary prerequisites for the proper race

management performance. Persons on the list of insolvency administrators can

the function of the administrator refuse only for important reasons, to be assessed by the Court.



(3) the administrator shall perform their duties with professional care and corresponds to the

for injury caused due to a breach of their duties

required by law or court order to him.



(4) the administrator is entitled to remuneration and to the reimbursement of cash expenses.



(5) on the reimbursement of cash expenses, expended in particular in connection with the

retaining an expert, the Court shall provide to the administrators, on request of the backup. The finished

expenditure from this advance shall be regarded as costs of enforcement.



§ 338j



(1) the administrator is excluded from the exercise of their duties, if taking into account the

its ratio to the point, to the participants or to their representatives, there is a reason

doubt his impartiality.



(2) whether the administrator is excluded, the Court; prior to the decision's

as a rule, will require the expression of an administrator. Against his resolution is not allowed

the appeal.



(3) if the Court decides that the administrator is excluded from his Office, at the same time

it relieved of functions and appoint a new administrator.



§ 338k



(1) the administrator, in the exercise of their functions shall proceed according to the law and other

legislation and according to the instructions of the Court; shall ensure that after the performance regulation

the decision did not unreasonably reduce the assets to

the affected plant, where appropriate, to make the property belonging to the race

as expected increased. To properly ensure the assets to

the plant makes the appropriate measures, in particular, inform the financial institution that

resources on the account of the debtor that are used to operate the plant, may

required to dispose of only with his consent. If circumstances so require,


the case manager can prompt the debtors debtor to fulfil their

cash wrote on behalf of the statutory debt that for this purpose,

He established. If the Administrator finds that the part of the race is the immovable thing, it shall inform the

without undue delay the competent land registry office that he was enforcement

the decision of the disabilities of the plant and that the debtor may not, without the consent of the

immovable thing converted to another, encumber or otherwise dispose of it.



(2) the consent of the administrator with the mandatory negotiations must be granted in writing; u

written hearing must be contained on the same document. Legal act

the debtor, made without the consent of the administrator is invalid.



(3) if the administrator of the debtor the debtor to discharge its financial

debt consisted on a specific account, not to the debtor after the service call error

meet otherwise. If the debtor fails to comply with the statutory debt in accordance with the challenge

the administrator, the administrator is entitled to claim as a representative of the debtor of the proper

meet the debt.



(4) if the debtor fails to properly and timely negotiations required to avoid injury

threatened plant, is obliged to make these negotiations as a representative of the Manager

principal.



(5) the refusal of the administrator to grant the debtor consented to the negotiations needed to

the proper operation of the plant, may propose that the Court required his

the resolution replaced the manager approval. The Court shall decide on the proposal after hearing

the administrator and the debtor; against his order is not appealable.



(6) in disputes and in other proceedings in which it is required by the participant and

relating to the race, the administrator is entitled to represent the debtor without

his consent; has a similar status as the representative of a party to the

the basis of the procedural power of Attorney (§ 28 para. 1). After the time that the administrator

the plant represents a mandatory, another person may not represent the debtor or

for him to act.



Supervision of the Court



§ 338l



(1) the Court shall supervise the administrator shall carry out their obligations imposed on him by law, and

other laws or by the Court. In the exercise of Supervisory Board also observed activity is

the Court shall be entitled to request from the Administrator's report on its activities, consult the

Administrator and principal and documents to carry out the necessary investigation. It is found in the

the activities of the administrator of the shortcomings, saves the administrator is removed; against the

This order is not appealable.



(2) for breaches of obligations in the performance of functions of the Court can save administrators

fined; in doing so, by analogy with the proceeds section 53.



(3) if the Administrator fails to duly his obligations or of other serious

reasons, the Court may, on the proposal of one of the parties or by an administrator or

without the proposal exempt administrators from the function. If the Court relieved Manager features

at the same time will appoint another Manager. An administrator who has been relieved of functions,

is obliged to properly pass the function the new administrators and provide it with all

the necessary information and documents.



The price of the plant



§ 338m



(1) after the final resolution of the writ the court administrators

saved to



and) based on the data found in the accounts of the race, what a fortune

is used for the operation of the plant or its nature has this purpose

to serve; If the debtor does not allow administrators to properly look into accounting

records, the Court administrator shall on its proposal for access to those records, and

in duly substantiated cases, the concurrence of the organs of the judicial guard

or the police of the Czech Republic,



(b)) found out what are the revenue and expenditure of the plant,



(c)) carried out a property list, of which he was able to find that is used to

operation of the plant or by its nature is intended to serve this purpose,

If you can not find the necessary information procedure laid down in point (a)).



(2) on the basis of the findings referred to in paragraph 1, the administrator shall, within a period

a preliminary report by the Court about whether to meet the enforced

the claim is preferable to race further manage or sell it.



(3) a copy of the preliminary report, the Court shall deliver to the creditor, to those who

the proceedings came as other permissions, and compulsory and allow them to

to the content of the message within a reasonable time. The compulsory objections

relating to the inventory of assets, which cooperated by administrators

paragraph 1 (b). (c)), shall be disregarded.



(4) the Court may save administrators to report complete or to lodge Court

necessary explanations. To clarify the operative events may also

carry out the necessary investigation.



§ 338ma



(1) on the basis of the findings under section 338m or other relevant aspects,

that you must affix and after consultation of the persons referred to in paragraph 338m paragraph. 3

the Court will decide whether the execution of the decision will be to continue the administration of the plant, or

will be ordered its sale at auction.



(2) if the Court decides on the continuation of the performance of the decision by the administration of the plant,

saves the administrators to the proceeds paid to the creditor or the management who

the proceedings went as more legitimate, every 3 months,

unless otherwise agreed on a longer period. The provisions of section 320h shall apply mutatis mutandis.



The sale of the plant



§ 338mb



(1) after the legal force of a resolution under section 338ma, which was ordered for sale

the race in the auction, the Court saves administrators to report on the price of the plant,

they found, on the basis of the information referred to in section 338m, or other applicable

aspects, and on the basis of valuation experts, with the consent of the Administrator's

the Court has put on weight.



(2) shall apply to the valuation of the plant the usual price.



(3) unless the Court otherwise, administrator in the report on the price of the plant shall be,



and) what assets belong to the race and what's it worth,



(b) how much is in the race), the funds in cash and stored on the account

for a financial institution in the currency of the Czech Republic,



c) what debts belonging to the race, and what they're worth,



(d)) financial debts belong to the race and how many total,



e) what is the net worth of the plant.



(4) for the report of the administrator on the price of the plant shall apply mutatis mutandis to section 338m paragraph. 3 and 4.



§ 338n



(1) according to the content of the report on the price of the plant manager, the Court shall determine



and the price of the assets) to race,



(b)) the amount of the funds in cash and stored on an account with

financial institution in the currency of the Czech Republic, belonging to a race,



(c) the price of all debts) belonging to the race,



(d)) the amount of cash debt belonging to the race,



e) observed price of the race.



(2) the Court shall determine the price of the plant Found in the amount of the net assets of the plant; to

the resources referred to in paragraph 1 (b). (b)) is not taken into account.



(3) does not perform to the taking of evidence, or with the consent of the persons referred to in section

338m paragraph 1. 4, there is no need to order the hearing.



(4) the resolution referred to in paragraph 1, the Court shall deliver to the creditor, to those who

the proceedings came as other permissions and obligatory.



(5) After the legal force of a resolution referred to in paragraph 1 everyone has the right to consult

in a message of the price of the plant.



(6) if the Court finds that the price of assets belonging to the race, along with the

the means referred to in paragraph 1 (b). (b) does not exceed the amount payable)

cash debt belonging to the race, claims and those

who in the management proceeded as additional permissions that do not belong to the

the race, and the estimated cost of enforcement, reward and Manager

compensation for his cash expenses, or that it only slightly exceeds the performance of the

the decision to stop.



Auction



§ 338o



(1) after the final resolution of the price the court orders, unless the performance of the

the decision finally stopped the auction (auction).



(2) in the operative part of a resolution on regulation of auction (auction

the Decree) the Court shall state the



and the time and place of auction) Act (§ 338q)



(b) the designation of the plant, sold)



(c)) the data referred to in § 338n para. 1,



(d) the level of the lowest of Administration) (section 338r (1)),



(e)) the level of security and method of payment (section 338r (2)),



f) warning that the price of assets belonging to the race, the amount of the cash

funds in cash and stored on the account at the financial institution in the currency

The United States, belonging to the race, the price of debt belonging to

the race, the amount of the pecuniary debt belonging to the race, the observed price

the race and the amount of the lowest submission may be amended in the light of

increase or decrease in equity of the race, which occurs in the auction conduct

(§ 338t (1)),



g) assumptions under which the successful bidder can take after the race and for the

which the purchased race goes to his assets (section 338z, paragraphs 1 and 2),



h) warning that when the schedule of nature may be justified, those who

Management proceeded as additional privileges, and other creditors of the debtor

seek the satisfaction of other enforceable claims or receivables

secured by a mortgage, the detention law, or locking

the transfer of rights, for which enforcement was ordered, if

belongs to a race, if the signs in no later than 5 days before the date of

Escrow Act, the application shall indicate the amount of the claim and the

its accessories and show them the relevant documents, and the lessons,

you don't have to design applications, in which the amount of the claim or its accessories

It will not be listed, is not taken into account (§ 338s and § 338zn (2)),



I) warning that the debts of náležejícík plant, which will not be in the performance of

the decision met, are transferred to the successful bidder (§ 338zk)



j) challenge to anyone who has the right, which does not allow for auction (§ 267),

applied in the courts, and that such application of the law demonstrated before the


starting the auction conduct with the warning that otherwise its the law

will not be taken into account in the enforcement,



k) warning that the people that have to race, its parts, or to

the property, which is used to operate the plant, or due to their nature

to serve this purpose, has an option to repurchase, or reservation is

may apply only in an auction as bidders and that hammer

right of first refusal or reservation repurchase shall expire, unless the

right of first refusal of the Commissioner to the plot or the owner of the land on the right

construction, right of first refusal of the owner of the building to the land and the landowner

to construction or statutory right of first refusal, which hammer

do not expire,



l) Note where and when it is possible to look into the price of the plant (§

338n paragraph 1. 5).



§ 338p



(1) the Court shall deliver the auction notice:



and creditor, to those) who in the management proceeded as additional permissions

to the debtor, the debtor's spouse to the persons for whom he is known to have to

plant or to property, which is used to operate the plant, or because

their nature is to serve this purpose, the right of first refusal, reservation of backward

purchase the lien or right of retention, the rights of persons to whom the

belonging to the plant was transferred to the debtor in the debt

benefit of his creditors, persons already known to its recoverable

claims or receivables secured by a lien, a detention

law or by the custodial transfer rights, belonging to the race, and

the relevant documents is demonstrated, and the persons referred to in paragraph 338zn paragraph.

1,



(b)) to the tax office and the Municipal Council, in which the circuit is a race, and in

which the debtor has his domicile (seat),



(c)) for those who collect social security contributions, contribution to the

State employment policy and health insurance

insurance,



d) Municipal Council municipality with extended powers, in whose district the is

race.



(2) the persons referred to in paragraph 1 (b). and the auction, the Court decree delivered)

into their own hands.



(3) the Court be posted on the day of its release the auction notice on the official Board

Court and asks the local authority in whose area the plant decree or to

its essential content published in place of the usual way. Resolution on the

regulation enforcement at the same time remove from the official Board of the Court.



(4) the Court may, in justified cases, the auction notice or its

essential content to publish in the local press, national or, where appropriate,

other appropriate means.



(5) against the auction can be appealed only to the legitimate, those who

in the management proceeded as other permissions required, and persons who have

to race or to property, which is used to operate the plant, or

due to their nature they have to serve this purpose, the right of first refusal or

reservation of repurchase. The appeal only against the statements referred to in section 338o

paragraph. 2 (a). a), b), f) to (l)) is not permitted.



§ 338q



(1) the Auction can take place at the place where the plant is located, or in the Court of

or at another suitable place.



(2) the auction conduct court orders for at least 30 days after the date of issue of the auction

the Decree.



§ 338r



(1) the lowest administration of the Court be set at half of the price of the assets

belonging to race [§ 338n (1) (a))], but not in the amount of

two-thirds of the observed prices of the plant [§ 338n (1) (b), (e))].



(2) the Tribunal shall fix the amount of security according to the circumstances of the case, but not in the

the amount of not more than three quarters of the lowest submission. The guarantee may be

to pay either in cash to the cashier of the Court or the payment to the account of the Court;

for payment to the account of the Court can be taken into account only where it has been before

starting the auction conduct found that on account of the Court also.



(3) a person who wishes to exercise its right of first refusal during the auction or a reservation

repurchase, must demonstrate to the Court no later than before the start of

auction action.



§ 338s



(1) a creditor who has a claim against the debtor conferred by decision,

conciliation or other title referred to in § 274 (enforceable claim)

or a claim secured by a mortgage, the detention law or

the lock on the transfer of rights that belong to the plant, it may, in the Court of

sign in no later than 5 days before the date of the auction action. A legitimate

or the one who went in the proceedings as more legitimate, can have their

claims log in only if they were granted by decision,

conciliation or other title referred to in § 274 after a final resolution on the

regulation enforcement.



(2) the application shall be the amount of the claim and its

Accessories, which satisfy the creditor seeks mandatory, otherwise the

the application for registration shall be disregarded; about this effect, the creditor must be instructed in the

auction. The application for registration shall be accompanied by documents proving

that it is an enforceable claim or the claim secured by mortgage

the law, the detention or transfer of rights, and that the lock belongs to

to race, unless those facts arise from the contents of the file.



(3) late filing and claims, which do not belong to the

the race, the Court rejects the resolution; There is no appeal against this resolution

permissible.



§ 338t



(1) after the issue of the auction, the court administrators to him before

start of auction report on whether the negotiations occurred against the condition, which was

decisive for the resolution under section 338n paragraph. 1, a change in circumstances

pursuant to section 338m paragraph. 3, or how these circumstances have changed.



(2) in the absence of the administrator of the Court in a timely manner a report referred to in paragraph 1, the Court

he saves that State was replaced by the cost of the auction, and a waste of design

the participants of the auction to make them replace the costs in connection with

by participating in this auction. About this effect must be the administrator

advised.



The auction conduct



§ 338u



(1) the auction may manage only the judge. Individual tasks

the hearing, which is not selected, on the basis of the judge's credentials can perform

the executor or other employee of the Court; in doing so, will be subject to the instructions of the judge.



(2) as the auctioneer may only participate in the negotiations, who paid into the

begin negotiations certainty the escrow (§ 338r (2)).



(3) as the auctioneers shall not be a party to the judges, the staff of the courts, required

the husband of a mandatory, Manager, the successful bidder referred to in § 338za para. 2 and those

in the acquisition of the plant prevents the special regulation.



(4) the provisions of § 336h para. 3 shall apply mutatis mutandis.



§ 338v



(1) if it is discovered that he has filed for foreclosure, sold

race or part of the enforcement of decisions (article 267), a court auction

odročí negotiations until the final decision on the proposal.



(2) If an application for the exclusion of individual components of assets

belonging to the race, according to the circumstances of the case the Court shall determine whether

need to continue negotiations until the final decision on the application, or whether the

accede to the auction. In the case that proceeds to the auction, the court notifies the

bidders on the disputed parts of the asset.



(3) if the administrator has to begin escrow conduct report pursuant to §

338t para. 1, the Court shall decide on claims under § 338t para. 2 auction

negotiations odročí. When the regulation of the new escrow negotiations shall proceed

pursuant to section 338o to 338t.



§ 338w



(1) following the initiation of the negotiations of the peace of auction



and) will decide whether it is proven right of first refusal or reservation of repurchase

(section 338r (3)),



(b)) on the basis of the message the administrator under section 338t para. 1 by order determine the new

the price of the assets to the race, the amount of funds in the

cash and stored on the account at the financial institution in the currency of the United

Republic, belonging to a race, the price of debt belonging to the race,

the amount of the pecuniary debt belonging to the race, and the resultant price of the plant,



(c)) provides the lowest of administration,



(d)) shall notify the creditors who register their claims and in what amount,



where appropriate, who creditors have the right to satisfaction of its receivables

pursuant to section 338zn paragraph. 1.



(2) Against the resolution referred to in paragraph 1 (b). a), b) and (c)) is not an appeal

permissible.



(3) if the Court finds that the price of assets belonging to the race, along with the

the means referred to in paragraph 338n paragraph. 1 (b). (b)) does not exceed the

payable cash debt belonging to the race, claims

authorized, of those who in the management proceeded as additional privileges, and

other registered lenders that do not belong to the race, and

the estimated cost of enforcement, remuneration and compensation for his manager

cash expenses, or that it only slightly exceeds the performance of decision

stops.



(4) if the execution of the decision, the judge stopped after actions

referred to in paragraph 1 shall invite those who can bid to make the submission.



(5) the Auction shall be held until the bidders make submissions; the bidders are bound by

their submissions until the Court shall not grant a hammering action. The price of the purchased race

is not limited by the provisions of the price laws.



§ 350 x



(1) the hammer can be granted to a person who has made the highest bid, and which are

met the other conditions laid down by law. Has made multiple bidders

the same highest bid, the Court shall grant the hammer first, to bear witness

right of first refusal or reservation repurchase to race, then, to whom


evidenced by the right of first refusal or reservation to repurchase part of the race, or to

individual components of assets belonging to the race, and then,

unless otherwise the bidders who have made the same highest bid,

bidder, which was designed by lot.



(2) before the hammer with the judge ask the persons present during the auction,

If they have objections to the impact; the opposition filed a legal, because

who in the management approached as more legitimate, mandatory and auctioneer,

shall be included in the Protocol.



(3) if the Court does not grant with respect to the objection raised by hammering,

continue in the auction by invoking the penultimate of administration; against this

order is not appealable. Otherwise, the Tribunal

the hammer shall be granted.



(4) in its resolution on the hammer, the Court shall set a deadline for payment of the Supreme

the filing, which starts on the day the legal force of impact and must not be longer than

two months. The highest bid to be reallocated by the buyer guarantee.



(5) the Bidders, which were neither granted hammer, returns paid security

After the end of auction action; However, if you have filed against impact

objections, returns to them after the final resolution of the hammer.



§ 338y



(1) a resolution on the impact the Court delivers to the creditor, who in the management

He came over as more legitimate, the debtor, the debtor's spouse

the auctioneer and the bidders, who argued against granting the hammer.



(2) against a decision on granting a person may lodge an appeal with the hammer

referred to in paragraph 1. Within 15 days from the date the escrow hearing may submit

recall also the persons referred to in paragraph 338p paragraph. 1 (b). and) which have not been

delivered to the auction, if it is for this reason, they did not participate

auction action.



(3) the provisions of § 336k para. 3 and 4 shall apply mutatis mutandis.



§ 338z



(1) the successful bidder is entitled to take over the race already purchased on the date of

following the release of the resolution on the hammer. The auctioneer passes to race

his request the concurrence of the Manager, with the obligatory; of receipt, shall draw up a

write. On surrender of the race shall inform the Court administrator. The Court confirms that

pre-emptive rights and reservations repurchase charge on immovable property

disappear and that works against the auctioneer.



(2) the purchased race passes into property of the purchaser, give the resolution

about the impact the legal power and where the highest bidder paid submission,

on the day of issue resolution on impact. On the same date the successful bidder becomes the

the owner of the goods and enters into the rights and responsibilities of belonging to a race.



(3) the right of first refusal and the reservation to repurchase vydraženému race, to his

parts or individual components of assets belonging to an to race with

the exception of the right of pre-emption of a builder or the owner of the land plot

to the right of the building, the owner of the right of pre-emption to the land or buildings

the owner of the land for the building and the legal right of pre-emption terminates on the date,

fixing the race went into the property of the purchaser.



(4) if the race does not enter the purchased asset, the purchaser is

the successful bidder must return the purchased race to the debtor, to issue him with the fruit and

benefits and the loss or damage, caused when the management of the race.



§ 338za



(1) if it has not been made or during the auction the lowest of administration, the Court auction

the negotiations will end. The next auction of the negotiations on a proposal from the Court authorized

or the guy who walked into the proceedings as more legitimate, that can be

submit soon after three months of unsuccessful auction; If it is not

application is submitted within six months, the Court stops the execution of the decision.



(2) if the successful bidder does not pay the highest submission or in the additional period of time,

He determined the Court and which shall not be longer than one month, the resolution

about hammering the mere lapse of the time limit shall be deleted and the court orders

the next auction of the negotiations. On the obligations and debts of the successful bidder and the

making a decision on them shall apply mutatis mutandis the provisions of § 336n.



(3) at the next auction of the negotiations referred to in paragraphs 1 and 2 is the lowest

the submission shall be a quarter of the price of the assets belonging to the race [§

338n paragraph 1. 1 (b). and)], but not in the amount of one third of the observed prices

the race [§ 338n (1) (b), (e))]; otherwise, the regulation and the implementation of additional

the auction shall apply mutatis mutandis the provisions of § 338q, § 338p, 338r para. 2, § 338t,

338u, § 338v para. 2, § 338w to 338z. If the race has not been sold or when

the next official meeting of the reasons mentioned in paragraph 1, first sentence,

court enforcement stops.



Schedule



§ 338zb



(1) after the final resolution on the impact and after paying the highest submission

the successful bidder shall order a court hearing about the schedule distributed by the nature.



(2) the Court shall summon participants in the negotiations, which are legitimate,

those who came in the proceedings as the additional permissions required, administrator,

the successful bidder, persons who have submitted an application form, unless their application

was rejected (§ 338s (3)), and the persons referred to in paragraph 338zn paragraph. 1.



(3) the summons to a hearing with the rozvrhovému be posted on the court notice board.



§ 338zc



The essence of being divided form the means referred to in paragraph 338n paragraph. 1 (b).

(b)), the highest administration and interest from it, where appropriate, refunds to

nature fall under section 338za paragraph. 2 the second sentence, and on these refunds

charged against the security of the purchaser referred to in paragraph 338za paragraph. 2.



§ 338zd



(1) when the rozvrhovém negotiations to discuss the claims, which may be

satisfied from the distributed nature.



(2) each of the creditors present negotiations is required to quantify the

his claim and its accessories at the date of the hearing and rozvrhového

specify the group to which it belongs, and really significant for her order.

Claims of other creditors and their accessories shall measure at the date of

rozvrhového negotiations and their group, and the order of the Court shall be according to the

contained in the file. After the end of rozvrhového the negotiations cannot be taken into account

that part of the claims and their accessories, which has not been quantified.



(3) each of the parties to schedule may deny claims denominated in

their authenticity, above, and the group to order. To the opposition of the people,

to rozvrhovému negotiations there, shall be disregarded, unless

have been applied and documented prior to the hearing.



(4) the claim of the purchaser under section 338zf, however, cannot be denied.



§ 338ze



(1) according to the results of the negotiations with the rozvrhového of nature

meet sequentially according to the following groups:



and costs incurred by the State) claims in the context of the implementation

the auction, the new auction or other auction and the payment of advances in accordance with § 338i

paragraph. 5,



(b)) and his manager rewards claim cash expenses,



(c) the claim of the purchaser under section) 338zf,



(d) claims secured by the detention law),



e) claim, the claim of the creditor, who came up in the proceedings

as more legitimate, and receivables secured by a lien or

locking a transfer,



(f) the arrears of maintenance, claims)



g) taxes, fees and other financial transactions,

premiums on health insurance premiums and social

Security and contribution to the State employment policy, unless they have been

satisfied under subparagraph (e)),



h) claims compensation for the injury caused by the crime,



(I)) other receivables.



(2) If you cannot fully satisfy the claims of belonging to the same group,

satisfied by the order; claims belong to the same group, which

they have the same order, to satisfy a relatively.



(3) trade receivables secured by a lien or locking

the transfer of rights shall be deemed to be payable when the schedule.



(4) interest or interest on late payments in the last three years prior to the rozvrhovým

the negotiations, as well as to pay the costs, in order to satisfy the

principal. It is not enough if the divided nature, shall be before the principal.



(5) For the order is crucial



and creditor) on the day when the Court reached its design on performance

regulation enforcement,



(b)) of the claims in the proceedings went up as more legitimate,

a day that is considered to be accession to the proceedings,



(c)) for claims a day when the Court reached application,



d) for claims secured by right of lien, the detention law or

the lock on the date of transfer of such rights,



(e)) at the lender's claims referred to in section 338zn the day, by which it is governed by the

the order claims in the proceedings for the enforcement of a law "claims

or sale of movable or immovable property,



(f)) for the creditor, who came up in the proceedings as an additional

true, or claims for damages or non-material

the injury caused by the criminal offence or from unjust enrichment obtained

the crime, if it was race in criminal proceedings concerning this

the crime and if the design or application is filed at a time when

under the criminal procedure code, the day takes the decision about

ensure the plant according to the code of criminal procedure.



The order of the accounts receivable is determined according to point of view, which is for her

more profitable.



(6) if the Court finds the registers of persons or property, that the race is zpeněžený

ensured by the criminal procedure code and the proceeds achieved exceeds all

the claims, which have been in the schedule met, shall inform the Court about this


fact, the authority in criminal proceedings, which decided to hedge.

Unless authority is active in criminal proceedings within 30 days of the Court, that

ensure also apply to the rest of the proceeds shall be paid to the rest of the proceeds

to the debtor.



(7) if the Court does not flow under paragraph 6, shall be paid after payment of all

claims that are to be met, the rest of the distributed nature of

to the debtor.



(8) if the administrator is fully satisfied the claim referred to in paragraph 1 (b).

(b)), saves the Tribunal of this obligation the debtor; true, those who

in the management proceeded as additional privileges, and creditors who

register their claims (§ 338s), to fulfill this obligation, together

and severally liable.



§ 338zf



The successful bidder has a claim for the essence, if



and the amount of the pecuniary debt) belonging to the race, along with the claims

authorized, of those who in the management proceeded as additional privileges, and

other registered lenders that do not belong to the plant and that have

be paid from the estate does not exceed the essence of being divided, in

the amount of this difference, or



b) creditor, of those who in the management proceeded as an additional

permissions, and other registered creditors to be satisfied from

the essence of the essence of being divided, do not exceed, in the amount of this

the difference.



§ 338zg



(1) in the rozvrhovém court decides whether or not the resolution of the claims, which have been

When you rozvrhovém the negotiations as to the authenticity of the contested, above, the inclusion in the

group or order, where it can be decided without the implementation of the

evidence; This does not apply for claims to which even partly by groups or

According to the order of the distributed nature of remuneration is not an option.



(2) the provisions of § 337e para. 2, 3 and 4 shall apply mutatis mutandis.



§ 338zh



(1) after the final decision on the application under section 267a para. 1, the Court shall order the

negotiations on the rest of the schedule distributed by the nature.



(2) this Court nepředvolá the participants of the meeting schedule, whose

the claims were based on the prior rozvrhového the resolution completely

met. When you schedule the rest of the distributed nature of the otherwise progresses

Similarly, under section 338zb paragraph. 2 and 3, § 338zc, 338ze and 338zf.



§ 338zi



(1) in rozvrhovém the resolution of the Court admits the claims of their creditors;

payment of rewards and cash expenses shall be granted to administrators and settlement of claims

pursuant to section 338zf shall be granted to the auctioneer.



(2) the amounts Awarded by the Court shall be paid after the final resolution of the rozvrhového.



Report on the management performance of the race



§ 338zj



(1) after the purchased race switched to the successful bidder and the administrator of his property

forward race, the Court administrator shall submit a final report on the performance of their duties and

to charge the fee and cash outlays.



(2) the Court shall deliver the report to the creditor, to those who in the management proceeded as

additional permissions to the debtor, the debtor and the auctioneer and husband.



(3) the Court shall review the report and decide on its approval at the hearing;

the hearing is not needed, if the persons referred to in paragraph 2 in the

the specified period does not communicate its objections to the report.



(4) after the approval of the report of the administrator, the Court relieved of his functions.



Transfer of rights and debts on the successful bidder



§ 338zk



(1) The successful bidder for the assets of the purchased race crossed the passes



and that is used) the assets to operate a plant, or due to their

nature has this purpose serve;



(b)) the rights deriving from industrial or other intellectual property

regarding the business activities of the auctioned race unless it is

would be contrary to the Treaty concerning the granting of these rights or their nature;



(c)) the rights and obligations arising from the labour relations of employees

working in the vydraženém race;



d) debts belonging to the vydraženému race, that have not been met when

schedule, including their security.



(2) the statutory debt plays the successful bidder, the gradient as a borrower on its

Instead; the transition of the debt does not require the consent of the creditor.



(3) if the acquisition or retention of the rights referred to in paragraph 1 (b).

(b) the applicable implementation specific) business is counted in the

This activity of the declarer made after impact and activities carried out

When the operation of the plant before selling it in an auction.



(4) a lease or sublease agreement for the non-residential premises concluded

mandatory as the lessee or as the landlord can

to terminate within the time limit laid down by law or contract, and even from other

reasons than the special law or than have been agreed; This is true

also in the case that the rent has been concluded for a definite period. The right to the second

Parties for damages resulting from such is not affected.



(5) together with the claims that have been met in the schedule, shall cease and

their collateral.



Notice to other departments



§ 338zl



(1) that the purchased race went into the property of the purchaser (article 338z

paragraph. 2), the Court shall inform the competent court or authority which

leads a different register in which it is required. Registration Court or

other body then proceeds to write about the sale of the plant in the appropriate register.



(2) if the race include immovable thing, it shall notify the competent court

Land Registry Office, that the owner of the immovable property has become the successful bidder; in

If the immovable property was lien, at the same time

indicate whether the acts against the auctioneer or disappear.



(3) if the execution of the decision stopped the Court inform the legal

can the resolution of the competent court or other authority

the register in which the debtor is registered, if necessary by the competent land registry

the Office.



§ 338zm



(1) none of the creditors, whose claim was transferred to the successful bidder (§ 338zk

paragraph. 2), cannot argue that the sale of the plant at auction has deteriorated

the recoverability of receivables.



(2) the debtor is not liable for defects of assets belonging to an to the race, which was

sold at auction.



Other performances of the decision



§ 338zn



(1) regulation enforcement people race is postponed the implementation of

already ordered by the performances of the sale of movable and immovable

things belonging to the plant and procedures the decision to race the commandments

belonging to other claims than from an account at financial institution. Permissions

of these rulings are considered creditors referred to in § 338s,

without the required claim of the sign; This is true even if

the claim to be recovered shall belong to the race.



(2) enforcement by sale of movable and immovable property

belonging to the race, or commandment to plant belonging to the other

claims than money from their account at the Institute, which was ordered up after

regulation enforcement people race, will not execute. The right to

these qualified sign merely a claim according to § 338s is not

without prejudice to the.



(3) if the claim of the creditors was not referred to in paragraphs 1 and 2

satisfied when the schedule distributed nature, continues to court after the end of

enforcement people race; in the case that the race was

sold at auction, and that it is a claim belonging to the race, comes to

control to the player instead of the debtor.



Stopping power of decision



§ 338zo



(1) if the execution of the decision of the race is stopped, the disabilities the Court shall invite the

the administrator that handed him the final report on the performance of their duties and to

vyúčtoval reward and cash outlays.



(2) the Court shall deliver the report to the creditor, to those who in the management proceeded as

additional permissions to the debtor and spouse of the debtor.



(3) the provisions of § 338zj para. 3 and 4 shall apply mutatis mutandis.



(4) the obligation to pay remuneration and reimbursement Manager, cash expenses, the Court

saved to either the debtor or jointly and severally liable to the creditor, to those who

the proceedings came as additional privileges, and creditors who signed up

their claims (§ 338s and 338zn), depending on the reason for the

stopping power of decision occurred.



Disability part of the race



§ 338zp



(1) The enforcement part of the plant forming a separate disability

organizational folder used the provision on the enforcement people

the race, unless the law provides otherwise.



(2) management of the part of the plant carried out by the administrator shall also apply to meetings of the

When the operation of the plant, managed by him relating to the business folder

the race.



Disability proportion of plant



§ 338zq



(1) The enforcement people share is the co-owner of the race

will the provision on the enforcement people race, unless the

the law provides otherwise.



(2) the statutory court delivers a final Co-owners resolution on regulation

enforcement people plant Decree auction; co-owner

the debtor may lodge under the conditions referred to in paragraph 338p paragraph. 5 appeal

against the auction.



(3) the obligation imposed on the debtor under section 338m applies to co-owner

the race.



(4) Measures the plant manager operates against co-owners of the debtor.



(5) for the co-owner of compulsory § 338k para. 2 to 6.



(6) if the Attending co-owner of compulsory auctions and make the other

the same highest bid to the auctioneer, he shall grant the hammer; the provisions of §

350 x para. 1 the second sentence shall not apply.



(7) the debtor-owner is entitled to under the conditions specified in §

338y paragraph 1. 2 the second sentence of an appeal against a resolution on impact.



The sale of the plant family



§ 338zqa




(1) enforcement by sale of the plant family will enjoy the provisions of

enforcement by sale of the plant, unless otherwise further.



(2) a family member participating in the operation of the plant family that is not

mandatory, the Court delivers the auction notice.



(3) to take part in a family member involved in the operation of the plant family,

that is not compulsory, the auction and take the other bidder the same

highest bid, he shall grant the hammer; the provisions of § 350 x para. 1 sentence

the second does not apply.



(4) a family member involved in the operation of the plant family that is not

compulsory, it is entitled to under the conditions referred to in paragraph 338y paragraph. 2 sentence

the second appeal against the order of the hammer.



The sale of the pledge



§ 338zr



(1) enforcement by sale of the pledged race used the provisions of the

enforcement by sale of the plant, unless the law provides otherwise.



(2) when the stopped sales of the plant's performance do not apply

the provisions of § 338f para. 2 and 3, unless it is a beneficiary, of a further

resolution on the regulation of the sale of the collateral, and the provisions of § 338s, unless

the creditor secured by a pledge he had signed debt sold.



Chapter eight



The satisfaction of the rights of non-monetary transactions



A proposal from the



§ 339



(1) in accordance with these provisions, carrying out decisions which impose

other obligation than the payment of an amount of money.



(2) if the Proposed enforcement also authorised for costs

were granted by the decision, as well as for the costs of enforcement, the

in the proposal on the enforcement of decisions, how to be his claim for

the costs covered.



The eviction



the title launched



§ 340



(1) where a decision Imposes, whose performance suggests that the required---

immovable thing, building, apartment or room, the court orders enforcement

and after the legal force of this resolution, the execution of decisions to be made.



(2) the Court shall inform the debtor at least 15 days in advance of when it will be vacating

carried out. Also inform the authorized and the competent authority of the municipality.



§ 341



(1) the enforcement of a decision shall be made by the Court shall take measures to

vyklizovaného object



and) were deleted things belonging to the debtor and its

households, as well as things that belong to someone else, but are

the consent of the debtor located in the vyklizovaném or on vyklizovaném

object,



(b)) were banished is required and all who reside there on the basis of law

principal.



(2) things removed from the vyklizovaného object shall transfer to the debtor or

one of the surviving members of his household.



(3) if not present the eviction no one who could take over the case, or

If the acceptance is rejected, sepíší things, and can be at the expense of

the debtor into custody the village or other appropriate depositories; If it is not

possible things to put into custody, execution of the decision cannot be made. Court

inform the debtor about who his things were put into custody.



(4) the procedure referred to in paragraph 3 shall not apply if the thing clearly

worthless. In such a case the Court shall document and order its

the destruction. About the destruction of things inform the debtor at least five days in advance before

It occurs. The destruction of the thing shall be done by the Court shall forward to the use of

or to delete or forward it by the person authorized to collect or purchase

waste under special legislation ^ 102).



§ 342



(1) if the debtor failed to claim the things near the village or depository within six months

the date on which they were stored, will be sold on a proposal from the village (depository)

According to the provisions on the sale of movable property.



(2) the proceeds of the sale shall be paid to the debtor after the collision, the court costs of custody and

the cost of the sale. If the debtor refuses to take the rest of the proceeds or

his stay is unknown, the Court shall proceed mutatis mutandis under section 301 of the Act on

special judicial proceedings; the time limit under § 301 para. 1 of the law on

special judicial proceedings starts to run from the date when the debtor refused to

the rest of the proceeds to take over or when the rest of the proceeds returned to the Court as a

undeliverable.



(3) the things that fail to sell, a court will offer the village or depositories

to cover the costs of custody for two-thirds of the assessed prices; If it refuses the matter

take the totality of the State.



(4) the costs of custody, which will not be paid from the proceeds of the sale or

the acquired things, is obliged to compensate the municipality (depositories) required; about this

the obligations of the Court decides on a proposal from the village (depository).



the title launched



§ 343



cancelled



§ 344



cancelled



Remove stuff



§ 345



(1) where a decision Imposes, whose performance it is suggested that the debtor has issued

or added a lawful thing, a court decision in

You can remove a thing with everything that belongs to it, and submits it to the debtor

to the creditor.



(2) if it is to use the subscribed documents, things take even

This Charter to the debtor and the creditor surrenders together with the things that

the debtor was removed.



(3) the enforcement debtor delivers the executor in

removing things. The Court shall inform the authorized performance time in advance. Remove

things will not be done, if he will not present a legitimate or

representative. If it's necessary, carrying out the removal

things picked up the slack to a suitable person, if possible, a representative of the institution of the village.



(4) if required by the purpose of the enforcement of a judgment, is the one who conducts the performance,

shall be entitled to make a personal inspection of the principal and a tour of the apartment (registered) and

other rooms of the statutory, as well as his Cabinet or other mailboxes in the

them located, where there is a reasonable assumption thing has

mandatory to issue or deliver to the creditor; for this purpose, it is entitled to provide a remedy

the apartment's mandatory or compulsory access to another room,

or closed cabinets or other clipboard open.



§ 346



If the thing that you need to remove the debtor, for someone else, ask yourself

the Court, to make it legitimate. If the matter will not be issued on a voluntary basis,

It shall apply to the proposal authorized performance mutatis mutandis

the decision of the precepts of the claim.



§ 347



(1) fails to remove the thing specified in the regulation, enforcement of decisions and

If you thing of the same kind and quality supply otherwise, prompts the Court

authorized to enlist at the expense and risk of the debtor.



(2) the debtor, the Court may order the necessary expense paid

authorized in advance. Execution of this decision shall be carried out on the proposal then

authorized any of the operations referred to in § 258 of paragraph 1. 1.



The distribution of common things



§ 348



(1) if carried out by decision of the Stores to be joint movable or

immovable thing sold and the proceeds divided among the co-owners,

enforcement shall be carried out, mutatis mutandis, to the provisions on the sale of

movable or immovable property.



(2) the Co-owners have, for the purposes of proceeds of sales position

authorized; the amount of receivables is determined according to the amount of their shares in the

common things.



(3) if not common or immovable thing movable thing to sell,

Court stops execution of the decision.



§ 349



(1) if carried out by decision of the Stores to be joint movable or

immovable thing divided otherwise than by sale shall be determined by the Tribunal in regulation

enforcement, how performance will be executed. Shows where this is necessary,

picked up the slack to perform enforcement, according to the suitable person options

representative of the authority of the municipality.



(2) if it is necessary, in particular if it is necessary to specify,

where appropriate, to set boundaries, requiring the Court to divide the expert.



Carry out the work and performance



§ 350



(1)-performed by the decision that he has made mandatory for

authorized some work that can be done and someone other than the

required, the Court shall authorize the creditor to give work, it

done by someone else or it's made itself, and that the cargo of the debtor.



(2) the Creditor or the creditor's who left the work performed is when

enforcement of a judgment entitled to everything that is needed to perform the work,

about that.



(3) the debtor, the Court may order the necessary expense paid

authorized in advance. Execution of this decision shall be carried out on the proposal then

authorized any of the operations intended to satisfy pecuniary

claims.



Section 351



(1) if performed by a decision Imposing another obligation, saves the Court considers

violation of this obligation the debtor of a fine up to 100 000 CZK.

To comply with the mandatory, even if carried out by the decision, the Court imposes on the

the proposal authorized for more reasonable fine, until the execution of the decision will not be

stopped. Fines are attributable to the State.



(2) payment of fines is a statutory obligation to compensate for damage shall not release.



§ 351a



(1) if it was carried out by the met's decision, but then required

caused the violation of the obligations imposed by this status change

the decision foresees (the previous state), the Court shall allow the authorized

to the costs of compulsory care of restoring state prediction

This decision. How to restore the previous state court shall be specified in

resolution on enforcement.



(2) at the request of the Court shall instruct the bailiff performing the

individual action for enforcement of a decision or take other appropriate

measures to ensure that the legitimate aim to restore the previous state.



(3) the debtor, the Court may order the necessary costs paid


authorized in advance. Execution of this decision, as well as the decision establishing the

It was a compulsory pay costs referred to in paragraph 1, shall

carried out on the proposal authorized any of the operations intended to meet the

cash claims.



PART SEVEN



Other activities of the Court



the title launched



the title launched



§ 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, backups, security and other payments

directly related to the court proceedings.



(2) on receipt of the deposit and the composition of the money and other values, backup,

security or other payments referred to in paragraph 1, the Court shall issue to the person who values

composed, confirmation.



the title launched



section 353



(1) at the request of the Court judgment, court settlement or

public documents that meet the conditions of directly applicable

Regulation of the European Union ^ 34f) to confirm it as a European enforcement order

or partial European enforcement order, the Court of this decision, settlement or

authentic instrument as a European enforcement order or partial European

enforcement order is confirmed under the terms of a directly applicable

the EU regulation ^ 34f). The conditions are not fulfilled for the issue

the Court issued the confirmation and the reasons in writing, inform the entitled party.



(2) to issue the European enforcement order certificate and a partial

European enforcement order certificate in the case of decisions and court settlement

the competent court which delivered the judgment or court settlement approved. To

issue of the European enforcement order certificate and a partial European

enforcement order certificate shall, in the case of a public document by the competent court in the

the perimeter of the headquarters of the one who has a public deed.



(3) under the conditions laid down by law directly applicable

The European Union ^ 34f) Court at the request of will repair or cancels the confirmation

European enforcement order certificate or a partial European enforcement

title issued in accordance with paragraph 1. The conditions are not fulfilled for the repair

or cancellation, the second sentence of paragraph 1 shall apply mutatis mutandis.



(4) to repair or withdrawal of the European enforcement order certificate or

partial European enforcement order certificate, the competent court is that

issued it.



the title launched



§ 354



Notification of reservations



(1) each district court may request to send a notification about

the reservation of the right to invoke the ineffectiveness of legal action under the civil

code, against which the ineffectiveness of legal action may

place the call.



(2) the Court of the application report and notification of the reservation.

If the applicant does not pass the Court together with the application a notice of reservation, it can

make the log at the courthouse. In such a case the Court shall deliver the Protocol.



PART EIGHT



Final provisions



Transitional provisions



§ 355



Unless otherwise provided, this Act applies also for proceedings commenced

prior to its effect. The legal effects of the acts in the proceeding which had occurred before the

effect of this Act, shall remain in force.



section 356



(1) for the periods in the day when this law becomes effective, yet

over, apply the provisions of this Act.



(2) However, if the law was not yet fixed the deadline extended, will end up in the

This later time.



(3) the time limit for filing a complaint for a breach of the law will end no earlier than

six months from the date when this law came into effect.



§ 357



On payment orders issued before the date when this law came into effect,

It shall apply the existing legislation.



§ 358



Control in rental cases initiated before the date when this law came into

efficiency, according to present regulations.



§ 359



If the date on which this law came into effect, the Court yet

make decisions about the commands for clearing, issued by national committees, decides

about them according to present regulations.



§ 360



(1) If, before the date when this law came into effect, started

the Court has not yet competent, resume proceedings this Court and

for the next procedure is to apply the existing legislation.



(2) Similarly, if the matter belongs to the jurisdiction of the State

notarial offices, with the exception of judicial custody.



§ 361



(1) judicial custody case forward hedge contingent exposures Court of competent

a notary and notify the participants as well as the management of the depository

from now on the issue of subject matter and custody be decided State notary.



(2) until the depository will not be notified in this way, the Court has jurisdiction under

the existing regulations.



§ 362



(1) the Trusteeship and guardianship matters relating to the child's property

carry the day on which this Act becomes effective, from the national committees

on the courts.



(2) the national committees shall forward without delay the files relating to the matters contained

to in paragraph 1 to the competent District Court.



§ 363



(1) the applications for authorisation of the marriage of minors and persons

stiženým mental disorder or mentally underdeveloped, which

There was no National Committee finally decided before the date when this

the law took effect, the Court shall decide.



(2) the national committees shall forward the request referred to in paragraph 1 shall immediately

the competent District Court.



§ 364



In the management of the detention in the Constitution Court from the effectiveness of the new arrangements of this

proceedings; in the meantime by the Court about the detention in the Institute according to

the existing provisions.



§ 365



Enforcement orders arising before the effective date of this Act, are the basis for the

enforcement of a decision under this Act, even if it is by this Act for the base

enforcement of a decision is not considered.



§ 366



Permits execution, which occurred prior to the effective date of this Act, has

the effects of regulation enforcement. In addition, the management procedure referred to in

of this Act, unless the context otherwise requires.



§ 367



(1) confiscation of pecuniary claims and salary, which occurred before the effective date

of this Act, have effect enforcement of wages,

where applicable, the debtor of the receivable that the commandments was the payer of wages,

where applicable, the debtor the debtor delivered.



(2) the payer of wages, which performs the mandatory deductions from wages on the basis of

execution on the salary authorized before the date when this law came into effect,

of this Act may proceed with the implementation of the reductions referred to in

the new provisions. Once the Court delivers the resolution, in which it

invite to proceeded on further deductions under the provisions of

This Act is the payer of wages required to do so.



§ 368



(1) if prior to the effective date of this Act enabled execution

clearing out an apartment, according to present regulations.



(2) the decision of the Court-issued before the effective date of this

law to vacate the apartment, for which it is necessary to provide compensation, the

enforceable until a replacement has been validly granted to the apartment, where appropriate,

alternative accommodation, where you just need to provide alternative accommodation.



§ 369



The allowed execution of real estate and movables are completed according to the

the existing regulations.



§ 370



Execution of the liquidation, ordered before the date when this law came into

efficiency, according to present regulations.



section 370a



For the municipal authority municipality with extended competence according to

This law are by the performance.



§ 371



cancelled



section 372



cancelled



Powers of execution



§ 373



The Ministry adjusts the Decree enforcement deductions from work

the remuneration of persons who are in prison, in custody, or

in the performance of security detention, as well as inmates in facilities for

institutional and protective care.



§ 374



(1) the Ministry shall be empowered to issue generally binding legal regulation

rules of procedure for the district, regional and high courts, which modifies

in more detail to handle civil affairs work organisation and

the tasks of the staff in the performance of the judiciary including the notary procedure when

the implementation of the acts in probate proceedings, the procedure for service of documents,

the procedure of the courts in enforcement, Office work in the courts, including

administrative agenda. In particular, it may provide



and that simple tasks assigned) to the President of the Senate (single judge) may

exercise of judicial candidates, or administrative employees and which

acts in probate proceedings, a notary may authorize its employees,



(b)) in which cases are employees of the courts are authorized to verify the authenticity of

the signature on the documents and the accuracy of the copies of documents,



c) may be waived when the presence of a court reporter at the hearing before the Court of

and how in such cases, it is necessary to record the contents of the

the negotiations,



d) what needed release are to be paid to persons involved in the proceedings.



(2) the President of the Chamber (judge), which is otherwise a thing according to the schedule

work it, can check out the handling of certain matters entrusted to the

judicial or administrative čekatelům staff, either at all

or in individual cases.



(3) If an appeal against a decision issued by a court Commissioner,

judicial candidate, Assistant judge or designated by the administrative

the employee, he may satisfy the President of the Senate (single judge). His


the decision is considered a decision of the Court of first instance and can be

challenge the dismissal.



section 374a



The Ministry shall issue a decree



and the amount and method of determining) the remuneration and reimbursement of cash expenses of notaries as

Court Commissioners



(b)) the cases in which you cannot enable access to the file, because their

content must remain secret,



(c)) the flat-rate amount of remuneration for representation by a lawyer or participant

by a notary within its permissions set by special regulation, ^ 57) and

for the purpose of making a decision on costs,



(d) the flat-rate amount of refund) cash expenditures for the purpose of deciding on the

costs in the cases referred to in § 151 paragraph 1. 3,



(e) the amount of remuneration the company managers), the way of determining and specifying the substitutions

their cash expenses,



(f) details of the procedure for drawing up) and delivery of copies

the decision of the Court and other documents in paper form with the concurrence of

a postal service.



Regulation (EEC)



§ 375



Shall be deleted:



1. Act No. 142/1950 Coll. on civil proceedings (civil

Code of civil procedure), as amended;



2. Act No. 68/1952 Coll., amending and supplementing the code of civil procedure;



3. section 6 (1). 2 of law No 84/1952 Coll. on the Organization of financial intermediation;



4. section 7 of Act No. 85/1952 Coll. on insurance;



5. sections 57 to 60 of Act No. 115/1953 Coll., on copyright;



6. the legal measures of the National Assembly Bureau No 57/1955 Coll.

about the accelerated recovery of claims to payment of the personal needs of minor

of children;



7. the legal measures of the National Assembly Bureau No 63/1955 Coll.

on the judicial execution of banker's account at a financial institution;



8. Act No. 46/1959 Coll., on changing the powers of the courts and amending and supplementing

certain provisions in the field of the judiciary and the State notary;



9. Government Regulation No. 175/1950 Coll. on the certificates needed for the

exemption from court fees and advances and for the appointment of a representative;



10. Government Regulation No. 176/1950 Coll. on the method and extent of execution against

cooperatives and other legal persons;



11. Government Regulation No. 177/1950 Coll., on estimates of immovable property;



12. Regulation of the Minister of justice no. 178/1950 Coll., amending, for the

jurisdiction provides for certain legal persons

means lower management organizationally;



13. the regulation of the Minister of justice no. 180/1950 Coll. on the execution of the

monetary claims and salary;



14. Regulation of the Minister of justice no. 95/1952 Coll., amending

rules of procedure for the courts;



15. Regulation of the Minister of justice no. 12/1953 Coll. on scope and

the conditions of admissibility of the execution on claims from supplies of agricultural

the products of the State;



16. the Minister of Justice Decree No. 356/1952 OJ l. (no 409/1952 effects.

v.), which are legal persons enjoying protection in

the execution of the relevant supervisory authorities and;



17. Decree of the Minister of justice no. 150/1958 OJ l., on the extent to

the admissibility of the execution of the work reward people, on which shall be exercised

a custodial sentence, and inmates výchoven puppy, as amended by Decree

the Minister of justice no. 34/1961 Coll.;



18. Regulation of the Minister of justice no. 41/1960 SB., on the premises, and

people's courts and the headquarters of the districts and the districts of the regional courts.



§ 376



The effectiveness of the law



This Act shall take effect on 1 January 2000. April 1964.



Annex A



cancelled



Selected provisions of the novel



Article. (III) Act No. 519/1991 Coll.



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, the Court of the High Court of the Republic of such extraordinary appeal.



(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

republics in the effective date of this Act, the authorities

the lodge, according to present regulations within 1 year from the effective date

the effectiveness of this Act, a complaint for violation of the law; about these

complaints the courts competent to decide to discharge under the provisions

valid until the date of entry into force 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 subparagraph (a). I).



(g)) in the proceedings that were initiated upon the proposal of the State Prosecutor, the

It is also 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)) to control on the proposals of the public prosecutor under section 457 para. 2 and 3

of the civil code on the date when this law becomes effective, the Court

stops and cancels any decision; on costs, shall decide

that the participants do not have to replace them right.



I) Director of public prosecutions may, within 31 to file a 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 the authority 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 provincial court of the (a). and).



(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). and).



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 of the (a). and).



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 Act 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). and).



(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 remedies acquired legal force from the date of

the effectiveness of this Act.



(b) the restriction referred to in point (a)). 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 of the claim of the determination that the principal belongs to

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 (amended

valid up to 30. 4.1990) the enforcement of these decisions, the Court confirmed,

that would be to the jurisdiction 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 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. 4.0 § 766 para.

1 and section 768 of paragraph 1. 3 of the commercial code, the Court shall proceed according to 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 the 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 sooner, and compulsory

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 II of Act No. 263/1992 Sb.



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 the instruments and the úschovách started before the effective date of

of this Act, the Court has finished, 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) Act No. 24/1993.



1. cases in which is given by the substantive jurisdiction of the high courts and which

the proceedings before the Supreme Court and that Court has not

a final decision to the date of entry into force of this Act, the

and completes the high courts.



2. Where specific legislation provides that the review of the administrative

the decision is given by the substantive jurisdiction of the Supreme Court, is materially

the competent High Court.



3. Case Supreme Court of the Czech and Slovak Federal

Republic which will not be decided until the date of entry into force of this

the law takes over and completes the



and) the Supreme Court, in the case of appeal proceedings, if the

the territory of the United States Court in the case decided in the first

instance, or if it is in the territory of the United States Court, which would be according to the

This Act territorially competent to discuss the matter at first instance;



(b)), the Supreme Court, in the case of specifying the locally competent court, if it is

on the territory of the Czech Republic, the seat of the Court, that the matter before the Supreme

Court of the Czech and Slovak Federal Republic in accordance with § 105; in the other

cases, if the applicant has in the territory of the United States of residence or

registered office;



(c)), the Supreme Court, in the case of decision in a dispute about the jurisdiction pursuant to section 8a

paragraph. 2 and making a decision on referral in accordance with § 12 para. 3 the second sentence,

If the registered office on the territory of the Czech Republic who asked for a decision;



(d)), the High Court, in the case of an action against a decision of an administrative authority,

If the administrative authority the United States competent to decide the matter.



4. The High Court having jurisdiction to review decisions of the central authorities

The Czech and Slovak Federal Republic, if after the effective date of the

This Act given the power of the administrative authority of the Czech Republic case

decide.



Article II of Act No. 171/1993 Coll.



This law also applies to proceedings commenced prior to its effect. Legal

the effects of the acts that have occurred in the proceedings before the effective date of this Act,

are maintained.



Article II of Act No. 237/1995 Coll.



(1) unless otherwise provided, this Act applies also to the management of the

initiated prior to its effect. The legal effects of the acts in the proceeding which


occurred before the effect of this Act, shall remain in force.



(2) the regional court of the effective date of this Act, takes over from the district

commercial register kept by the Court for his girth and finishes as a court

of first instance in cases concerning the trade register in which the date

the effectiveness of this law has not been finally decided. The procedure for

appeals against decisions of district courts in matters of business

the index opened and unfinished to the effective date of this Act,

take on and completes the high courts.



(3) Proposals for revision, filed before the effective date of this Act,

According to present regulations. the NCB shall discuss



(4) the procedure for appeal and on a complaint for violation of the law, which has not been

a final decision to the date of entry into force of this Act, and

According to present regulations completes the highest court.



Article. (III) Act No. 202/1997.



Civil cases in which the plaintiff is the operator of urban

mass transportation on the territory of the city of Prague, where the claim

According to a special regulation ^ 1) to pay the fare or the amounts that

special provision set out, contested, before the effective date of this

the law in the District Court for Prague 7, in which it was given to the jurisdiction of the

another district court, the District Court or municipal court in

Brno, completes the District Court of Prague 7.



Part XII, title I of Act No. 30/2000 Coll.



Transitional provisions relating to part one



1. Unless otherwise provided, this Act applies also to the management of

initiated before the date of entry into force of this Act; legal effects

the acts that have occurred in the proceedings before the date of entry into force of this

law, are maintained.



2. to determine the substantive and territorial jurisdiction in proceedings which have been

initiated before the date of entry into force of this Act shall apply

the existing legislation.



3. when deciding on disputes about jurisdiction shall be treated in accordance with this

Act i in the proceedings that were initiated before the date of the acquisition of its

efficiency. If, however, a dispute arose about the jurisdiction prior to the date of acquisition

the effectiveness of this law, shall be decided upon in accordance with the existing laws,

regulations.



4. On the proposals on the matter to another court of the same commandments grade submitted

before the date of entry into force of this law shall be decided in accordance with the existing

legislation.



5. motions to exclude judges, writers and other staff

Court, expert witnesses, interpreters or notaries from the acts of the Commissioner

submitted before the date of entry into force of this law shall be decided by

the existing legislation; the same applies, if the matter was before the date of

entry into force of this Act without a proposal submitted to the Superior Court of

the decision on the exclusion of the judges.



6. The documents that were sent by the Court before the date of entry into force of

This Act, according to the addressees of the ships it to the existing legislation.



7. when deciding on the withdrawal of the document instituting the proceedings taken before the

the effective date of this Act shall apply to the existing legal

regulations.



8. in the proceedings before the Court of first instance cannot take a new paragraph

114b, was the first hearing in the case has been ordered before the date of the acquisition of

the effectiveness of this Act.



9. in the proceedings that were initiated prior to the effective date of this Act,

You cannot take a new Article 118b.



10. Reward for representation by a lawyer or notary public in the proceedings in one

instance, which started before the date of entry into force of this Act,

shall be adopted in accordance with the existing legislation.



11. when repairing a decision issued before the date of entry into force of this

law or issued after proceedings conducted in accordance with the existing laws,

regulations shall be treated in accordance with the existing legislation.



12. the proceedings in matters of heritage after the deceased, who died before the date of

entry into force of this Act, shall in the first instance be governed by existing

the legislation.



13. In proceedings concerning the commercial register and for the management of certain

issues of business companies, cooperative societies and other legal persons

launched at the proposal, which was filed before the date of entry into force of this

the law, in the first instance apply the existing legislation.



14. For the management of the Commission's proposals for the securities lodged before the date

entry into force of this Act shall apply in the first instance, the present

the legislation.



15. The appeal against the decision of the Court of first instance issued before the date of

entry into force of this Act or issued after proceedings conducted

the existing legislation is to discuss and decide according to the

the existing legislation.



16. proposals on the recovery proceedings against the judgment given before the date of the acquisition of

the effectiveness of this law or issued after proceedings conducted

the existing legislation is to discuss and decide according to the

the existing legislation.



17. The appeal against the decision of the Court of appeal issued before the date of

entry into force of this Act or issued after proceedings conducted

the existing legislation is to discuss and decide according to the

the existing legislation.



18. for the first-instance proceedings for enforcement commandments claims

of the account at the financial institution or other monetary claims that have been

initiated before the date of entry into force of this Act shall apply

the existing legislation; the same applies to the implementation of these procedures

decision.



19. If the proposal for a regulation of the enforcement of immovable property

or through the establishment of a judicial lien on real estate filed before

the effective date of this Act, the Court shall inform the

Land Registry Office on the proposal within 15 days from the date of entry into force of

of this Act.



20. the proposal further authorized the writ of sale

the same real estate brought before the date of entry into force of this Act

before the Court finally ruled on the regulation of the enforcement of decisions,

It considers the accession to control the effective date of this Act.

If the application for an enforcement order by selling the same

real estate finally decided before the date of entry into force of this

the law, the more legitimate the effective date of this Act,

for the interested party.



21. enforcement by selling real estate, has been ordered

before the date of entry into force of this Act, applies to movables

which are accessory to immovable property, only if, before the date

entry into force of this Act, decided on the price of the property.



22. If in the final resolution on the management of the neskončeném regulation

enforcement by sale of property delivered to the persons and authorities,

which is delivered under this Act, the Court shall accede to the delivery

the resolution of these persons and authorities within 15 days from the date of entry into force of

of this Act.



23. It was decided on the price of the sold property before the date of the acquisition of

of this Act, the procedure for determining the prices referred to in

the existing legislation.



24. If it was issued before the auction the effective date of this

the law, however, the auction of real estate has not been carried out in the meantime, this Court

and to issue a new decree cancels auction notice under this Act.



25. If the property Was put up for auction before the date of entry into force of this

the law, the procedure for the enforcement of the legal

regulations.



26. receivables secured by real estate transfer restrictions when the timesheet

distributed nature meet in the same group as claims

secured by a lien; for the order of these claims is crucial

day of restrictions on the transfer of real estate. Lenders of these

the claims in the proceedings for enforcement of immovable property the same

rights and obligations as creditors claims secured by mortgage

the law.



27. Procedures for the enforcement of the property, clearing out an apartment or

the room, which is necessary to ensure compulsory compensation shall apply

the existing legislation was clearing out the enforcement ordered

before the date of entry into force of this Act.



28. In deciding whether a decision can affect asset

belonging to the joint ownership of marital spouses that were lost by 31.

July 1998 and was not settled, it shall proceed according to the law

effective 31 December 1998. July 1998.



29. Title for enforcement remain notarial acts drawn up

within the meaning of the present section 274 (e). (e)) to the effective date of this

the law, if the formalities laid down by the existing legislation.



Article IV of Act No. 311/2001 Coll.



Transitional provisions



2. the procedure for the judicial sale of the collateral referred to in previous sections 200y, 200z and

200aa code of civil procedure and the procedure for enforcement of a decision on the sale of

pledge commenced before the date of entry into force of this law shall be completed

According to the existing legislation.



Article. XXV of Act No. 151/2002 Coll.



Transitional provisions



1. In the cases referred to in § 244, in which a special law confers on the

a court deciding on appeals against decisions of administrative

authorities referred to in part five of the head of the third code of civil procedure as amended by the

effective 31 December 2007. December 2002, can be from the effective date of this Act, submit


an action under part five of this Act under the conditions laid down by it.



2. Unless the context otherwise requires or unless otherwise provided by this Act or the

special legislation provides otherwise, the law also applies to proceedings commenced

before the date of entry into force of this Act; the legal effects of the acts which, in the

the proceedings arose before the date of entry into force of this Act, shall remain

preserved.



3. to determine the substantive and territorial jurisdiction in proceedings which have been

initiated before the date of entry into force of this Act shall apply

the existing legal provisions, in the case of things that are after the date of acquisition

of this Act to continue to discuss and make decisions in the civil

court proceedings.



4. With regard to the jurisdiction to proceed under this Act and in

the proceedings that were initiated before the date of the acquisition of its effectiveness if it is

about the things that happen after the date of entry into force of this Act continue to be

discuss and decide in civil proceedings. However, if incurred

the dispute about the jurisdiction prior to the effective date of this Act,

shall be decided upon in accordance with the existing legislation.



5. proceedings in the matters referred to in § 200 h up to 200n, 200v and 200w

initiated before the date of entry into force of this law shall be completed in accordance with

the existing legislation.



6. for the service of documents, which were delivered by the Court or

committed to deliver before the date of entry into force of this Act,

apply the existing legislation.



Article. (III) Act No. 120/2004 Sb.



Transitional provision



Code of civil procedure, as amended by this Act, shall apply to the management of

initiated prior to the effective date of this Act; the legal effects of the acts, which

in proceedings occurred before the date of entry into force of this Act, shall remain

preserved.



Čl.VI Act No. 554/2004 Coll.



PART SIX



Transitional provisions



1. the provisions of this law shall be governed by the legal relationships arising prior to the

the date of the acquisition of its efficiency; the emergence of these relations, as well as

claims of them incurred before the date of entry into force of this law, however,

assessed according to the existing legislation.



Article. In Act No. 561/2004 Coll.



PART FIVE



Transitional provisions



1. unless otherwise stipulated, the adjustment service of documents

This Act also made for proceedings initiated before the date of the acquisition of

the effectiveness of this law; the legal effects of the acts that have occurred in the proceedings

before the date of entry into force of this Act, shall remain in force.



2. in the service of the document which was delivered at the hearing or

other Act court or committed to deliver before the date of entry into force of

of this Act, shall be treated in accordance with the existing legislation.



3. for claims arising before the date of entry into force of this Act

State in respect of unpaid civil procedure and

administrative judicial proceedings, that State control within paid, interest

delay to enforce.



Article II of Act No. 59/2005 Sb.



Transitional provisions



1. Unless otherwise provided, this Act applies also to the management of

initiated before the date of entry into force of this Act; legal effects

the acts that have occurred in the proceedings before the date of entry into force of this

law, are maintained.



2. Appeals against decisions of the Court of first instance issued before the date of

entry into force of this Act shall discuss and decide according to the

the existing legislation.



3. The appeal against the decision of the Court of appeal issued before the date of

entry into force of this Act or issued after proceedings conducted

the existing legislation is to discuss and decide according to the

the existing legislation.



4. in the proceedings on applications for interim measures made prior to the date of acquisition

the effectiveness of this law shall be applied in accordance with the existing laws,

regulations.



5. An appeal against a decision issued by the Court of first instance in cases

interim measures before the date of entry into force of this Act shall be

discuss and decide in accordance with existing legislation.



6. The appeal against the decision of the Court of appeal issued in matters

interim measures before the date of entry into force of this Act, or

in these cases, issued after proceedings conducted under the existing legal

the regulations will discuss and decide in accordance with existing legislation.



Article. In the Act No. 216/2005 Coll.



PART FIVE



TRANSITIONAL PROVISIONS



1. In proceedings concerning the register initiated prior to the date of acquisition

the effectiveness of this law shall be completed in accordance with the existing legislation.



2. in the period of one year from the date of entry into force of this Act applies,

the time limit under § 200db para. Code of civil procedure, as amended by

effective from the date of entry into force of this Act, for the purposes of the registration

for the deadline be extended for a further five working days, and even in the

If the time limit is extended under section 200db para. 2 of the code of

Code of civil procedure.



3. Until 31 December 2006. December 2006 issue the commercial court at the request of always documentary

certified copy of registration of a partial or full or stored in

the collection of documents, or confirmation that the data in the business

the register is not; an unauthorized copy or a copy of the acknowledgement or confirmation or in the

electronic form shall not be issued and the provisions of § 28 para. 3 and 5

of the commercial code do not apply. Until 31 December 2006. December 2006 can be a business

the index only result in certificated form; the provisions of § 27 para. 1 sentence

the second section 33 para. 2 of the commercial code, in the version in force from the date of

entry into force of this Act, shall not apply.



4. a person who satisfies the conditions referred to in paragraph 183i paragraph. 1 of this Act to

the effective date of this Act, may exercise the right of squeeze-out of the participating

securities pursuant to section 183i to 183n commercial code within three months

from the effective date of this Act, otherwise this right ceases to exist.



Čl.VI Act No. 79/2006 Sb.



Transitional provisions



1. In proceedings concerning the register initiated before the date of application

the effectiveness of this law shall be completed in accordance with the existing legislation.



2. in the period of one year from the date of entry into force of this Act applies,

the period referred to in section paragraph 200db 3 of the code of civil procedure, as amended by

effective from the date of entry into force of this Act, the registration of transformations

companies under special legislation extended for an additional 5

working days, even if the time limit is extended under section 200db

paragraph. 2 of the code of civil procedure.



3. Until 31 December 2006. December 2006, issue a registration court always documentary officially

a certified copy of a partial or full registration or documents stored in the collection

documents or confirmation that a particular entry in the commercial register;

the provisions of § 28 para. 3 the first and second sentences shall not apply.



Article IV of Act No. 113/2006 Sb.



Transitional provisions



1. Unless otherwise provided, shall apply. (III) this Act for

the proceedings initiated before the date of entry into force of this Act and before this

on the day a final unfinished; the legal effects of the acts that have occurred in the proceedings

before the date of entry into force of this Act, shall remain in force.



2. For enforcement of the claim, the commandments has been

ordered before the date of entry into force of this Act and which affects

State social support benefits, which are not paid in a lump sum,

apply the existing legislation.



Article. LII law No. 264/2006 Sb.



Transitional provision



The payer shall pay deductions from wages pursuant to Act No. 99/1963 Coll., as

the version in force at the date of entry into force of this Act, for the first time for payroll

period in which falls the day of entry into force of this Act.



Article. (II) Act No. 297/2008 Coll.



Transitional provision



Act No. 99/1963 Coll., in the version in force from the date of entry into force of this

the law shall also apply to proceedings instituted before the date of entry into force of

of this Act and before that date been unterminated; legal effects

the acts that have occurred in the proceedings before the date of entry into force of this

law, are maintained.



Article. (II) Act No. 7/2009 Sb.



Transitional provisions



1. unless otherwise stipulated, the provisions of the civil procedure code, in

the text of this law, as well as for proceedings initiated before the date of entry into force of

of this Act; the legal effects of the acts that have occurred in the proceedings before the date

entry into force of this Act, shall remain in force.



2. to determine the substantive and territorial jurisdiction in proceedings which have been

initiated before the date of entry into force of this Act shall apply

the existing legislation.



3. the Documents that were forwarded to the delivery by the Court prior to the date of acquisition

the effectiveness of this law, shall deliver to the addressees by law

regulations.



4. the Administrator in bankruptcy, interim administrators and vyrovnacímu

administrators appointed under Act No. 328/1991 Coll., on bankruptcy and

the settlement, as amended, shall be delivered to the address specified by the

under the existing legislation; otherwise they document

(electronic documents) served under this Act.



5. The actions or other proposals for the initiation of the proceedings brought before the

the effective date of this Act shall be made before the Court of first instance

preparation of the negotiations under the existing legislation, unless the Court to


the effective date of this Act, has not made any action in the matter.



6. preparation of the negotiations was made after the date of entry into force of this

Act according to the existing legislation, the procedure in the regulation and

implementation of the hearing before the Court of first instance in accordance with the existing laws,

regulations.



7. unless otherwise stipulated, in probate proceedings after the deceased,

who died before the date of entry into force of this Act shall apply

the existing legislation.



8. in the proceedings on the legacy after the deceased, who died before the date of the acquisition of

the effectiveness of this law, shall be treated under the new section 38 and 175zd.



9. When disposing of the heritage process according to the code of civil procedure,

as amended by this Act, even if the testator died before the date of the acquisition of

the effectiveness of this Act.



10. An appeal against a decision of the Court of first instance issued before the date of

of this Act or after completion of proceedings under this Act

to discuss and decide in accordance with existing legislation.



11. The reason set out in the new article 229 paragraph. 1 (b). (h)) can be

to bring an action for annulment against the decision, which was published in the

(released) before the date of entry into force of this Act; the time limit for the submission of

the action in this case will not end before the expiration of 3 months from the date of acquisition

the effectiveness of this Act.



12. The appeal against the decision of the Court of appeal declared (issued)

before the date of entry into force of this Act shall discuss and decide

under the existing legislation; the use of the new provisions of § 243c

paragraph. 2 this does not prejudice.



13. Actions brought in matters decided upon by another

before the date of entry into force of this law, shall discuss and decide on the

the first instance according to the existing legislation.



14. enforcement by sale of movables or real estate purchase order

prior to the effective date of this Act shall be made in accordance with the existing

legislation.



Article. VII of Act No. 286/2009 Sb.



Transitional provisions



1. unless otherwise stipulated, the provisions of the civil procedure code, in

the version in force from the date of entry into force of this Act, and for the management of

initiated before the date of entry into force of this Act; legal effects

the acts that have occurred in the proceedings before the date of entry into force of this

law, are maintained.



2. The enforcement proceedings by selling real estate, in which the

auction issued before the date of entry into force of this Act,

§ 336o code of civil procedure, in the version in force from the date of acquisition

the effectiveness of this law shall not apply.



Article. (IV) Act No. 69/2006.



Transitional provision



The proceedings initiated to the effective date of this Act shall be completed according to the

Code of civil procedure, in the version in force from the date of entry into force of

of this Act; the legal effects of the acts that have occurred in the proceedings before the date

entry into force of this Act, shall remain in force.



section 31 of Act No. 202/2012 Sb.



Transitional provision



If the Court in the proceedings commenced before the date of entry into force of this Act

order the parties participation in extra-judicial conciliation or mediation

meeting or family therapy, or in order to participate in such negotiations,

he interrupted the proceedings, proceed in these matters pursuant to Act No. 99/1963

Code of civil procedure, in the version in force until the date of entry into force of this

the law.



Article. (II) Act No. 396/2012 Sb.



Transitional provisions



1. the proceedings initiated before the date of entry into force of this law shall be completed

According to the existing legislation.



2. The enforcement proceedings commenced before the date of the acquisition of

the effectiveness of this Act and which, pursuant to section 251 of the Act No. 99/1963 Coll., as

the version in force from the date of entry into force of this Act, do not fall after the date

entry into force of this law, the competence of the Court, the Court lays out

evenly between the bailiffs, who were appointed to the periphery,

and shall notify the authorized and competent bailiff. If it is not

in the circuit court appointed no executor, the Court laid out control

evenly between the bailiffs, who were appointed to the circuit court,

that has a common border with this circuit and that belongs to the circuit

the same County Court.



3. after the final resolution of the writ shall transmit to the Court

the court bailiffs, things were laid out, the competent judicial

the writings. On the day when the Court passes a bailiff of court file

enforcement continues at the bailiff as the bailiff

control.



4. The person entitled may within 2 months from the handover of the documents before the Court to request the

stop the execution without giving a reason; This proposal, the bailiff

will meet. In this case, the Court does not have the right to compensation for the costs

execution and enforcement proceedings, participants are not entitled to reimbursement of the costs.



5. The person entitled may within 2 months from delivery of the judicial record, even without putting

because of a request for amendment of the enforcement court bailiff; the Court on this proposal

shall decide.



6. the effects of the initiation of enforcement proceedings and acts in it

He performed Court, are maintained. The bailiff is not bound by the proposal

authorized to do it, how you want enforcement of decisions is maintained. The Court of

fee paid before the date of entry into force of this Act shall be

does not return; If the execution is stopped according to paragraph 4, shall be reduced by the amount of

paid on this charge the costs of execution. The Court does not order execution and

the bailiff performing the nepověřuje.



7. The bailiff shall send the principal challenge to the fulfilment of the obligations to be recovered

According to § 46 para. 6 Act No 120/2001 Coll., in the version in force from the date of

entry into force of this Act. After the lapse of time under section 46

paragraph. 6 Act No 120/2001 Coll., in the version in force from the date of acquisition

the effectiveness of this law, the bailiff carries out enforcement under the Act

No 120/2001 Coll., in the version in force from the date of entry into force of this

the law.



8. the transmission of the files will fill the President of the Court and bailiff Protocol

which shall be published without undue delay on the court notice board, on

the official Board of the executor and the website

The enforcement service of the Czech Republic. In the Protocol shall indicate the file number

the Court, the description of the parties, the bailiff who took over, and the day the dossier,

When to take the file has occurred.



9. If the creditor Begins, on whose execution was stopped by the proposal

paragraph 4, the enforcement proceedings under the administrative or tax code within 6 months

from the date of the decision to halt the execution in accordance with section 4, does not run

During this time period in which the administrative authority may order the seizure order enforcement

pursuant to § 108 paragraph. 4 of the code of administrative procedure, and the time limit for payment of the tax pursuant to §

160 of the tax code.



10. The enforcement under section 78 (a) entries. and) Act No. 120/2001 Coll., on

the version in force until the date of entry into force of this Act which were drawn up

to the date of entry into force of this law, are entitled to exercise

decision pursuant to section 251 of the Act No. 99/1963 Coll., in the version in force from the date of

entry into force of this law, even after the date of entry into force of this

the law.



Article. (VI) Law No 401/Sb.



Transitional provision



In proceedings concerning custody of minors, the Court commenced and finally

the unfinished before the date of entry into force of this law shall be completed in accordance with

legislation, effective until the date of entry into force of this Act.



Article. (II) Law No 404/Sb.



Transitional provisions



1. unless otherwise stipulated, the provisions of the code of civil procedure

the version in force from the date of entry into force of this Act and for the management of

initiated before the date of entry into force of this Act; legal effects

actions that have been taken in the proceedings before the date of entry into force of this

law, are maintained.



2. In proceedings instituted before the date of entry into force of this Act shall be

the provisions of § 120 paragraph 1. 2 of the Act, in the version in force from the date of acquisition

the effectiveness of this law shall not apply.



3. All proceedings for the vote of the admissibility of the receipt or possession of the

the Institute of health care, initiated before the date of entry into force of this

Act shall be completed according to the existing legislation.



4. The appeal against the decision of the Court of first instance issued before the date of

entry into force of this Act shall discuss and decide according to the

the existing legislation, with the exception of § 218c of the Act, which is to be used

in the version in force from the date of entry into force of this Act.



5. all proceedings under the code of civil procedure § 200ua initiated prior to the

the effective date of this Act shall be completed according to the existing

legislation.



6. An action for annulment against decisions issued prior to the date of acquisition

the effectiveness of this law, shall consider and decide in accordance with existing

legislation.



7. The appeal against the decision of the Court of appeal issued before the date of

entry into force of this Act shall discuss and decide according to the

the existing legislation, with the exception of section 243c paragraph. 3 of the Act, which

is to be used in the version in force from the date of entry into force of this Act.



section 53 of Act No. 45/Sb.



Transitional provision



Against-of-Exchange (cheque) payment order, which was issued in

period from 1. may 2013 until the date of entry into force of this law, can be


oppose no later than within 15 days from the date of entry into force of

of this Act. If, however, such bills for payment (cheques Act)

served after the date of entry into force of this Act, you can lodge an objection in

the period of 15 days from the date of its delivery.



Article. (II) Act No. 293/Sb.



Transitional provisions



1. Invoke the provisions of the legislation, this Act

deleted, entering their instead of the corresponding provisions of the

special judicial proceedings.



2. for proceedings initiated before the date of entry into force of this Act shall be

It's the Act No. 99/1963 Coll., in the version in force prior to the date of acquisition

the effectiveness of this Act.



3. the probate proceedings provided for in Act No 99/1963 Coll., as amended effective

before the date of entry into force of this Act, shall apply to the discussion of the

Heritage in cases in which the death of the testator came to 31. December

2013.



4. If, after the effective date of this Act, enforced by the claim

compensation for the maintenance of the child, which was established prior to the date of acquisition

the effectiveness of this law, the claim of priority pursuant to section 279

paragraph. 2 (a). (g)) code of civil procedure, in the version in force from the date of

entry into force of this Act. If, after the effective date of this

the Act enforced claim refund of overpayment on a dose of the pension

security, the claim of priority pursuant to section 279 paragraph 2. 2 (a). (e))

Code of civil procedure, in the version in force from the date of entry into force of

of this Act.



5. where the Act No. 99/1963 Coll., the code of civil procedure, in the version in force

before the date of entry into force of this law, talks about the claim

ceded to ensure the lender's claims on the claim of the debtor or

secured by assignment of the claim, this means a receivable transferred to

a debt in favour of the creditor, the debtor, or claim

secured locking transfer rights.



6. If in proceedings initiated before the date of entry into force of this Act

resolution on the impact released after the date of entry into force of this Act,

an option to purchase the building to the owner of the land and the landowner to

construction shall not cease on the date on which the successful bidder the owner became real estate

things, or immovable property belonging to the race.



7. The enforcement of a decision or execution after the date of entry into force of this

the law excludes apartments or commercial premises and houses with apartments or

non-residential premises, unless in the cadaster of the Czech Republic

Insert owner's statement, in cases where such flats

or non-residential spaces shall have the right to the exclusive acquisition of ownership

person referred to in section 23 and 24 of Act No. 72/1994 Coll., to regulate certain

co-ownership to buildings and certain ownership relationships to flats and

non-residential spaces, and complement some laws (law on ownership

apartments), as amended by later regulations, in the version in force until 31 December 2006. December

2013.



8. When implementing a decision the sale of immovable property and the sale of the plant

fee for late payment for the last 3 years before the rozvrhovým Act

meets in the order of the principal, it is not enough if the divided nature, shall be

before the principal. If to cover the nominal value of mortgage bonds

is only part of the claim of the mortgage loan, the

the claims referred to in the first sentence.



9. the execution of the decision, which is entitled to the refund under the housing

Act No. 40/1964 Coll., the civil code, as amended,

shall be carried out pursuant to Act No. 99/1963 Coll., in the version in force before the date of

entry into force of this Act.



10. If the decision affected the right of depositors to payment

the balance of the deposit relationship confirmed holding a book on the bearer,

that was revoked article III of Act No. 126/2002 Coll., amending

Act No. 21/1992 Coll., on banks, as amended, law No.

219/1995 Coll., the Foreign Exchange Act, as amended, law No.

593/1992 Coll., on reserves for the findings of the corporate tax base, as amended by

amended, law no 239/2001 Coll., on the Czech consolidation

the Agency and on amendments to certain acts (the Act on the Czech consolidation

the Agency), as amended by Act No. 15/2002 Coll., Act No. 513/1991 Coll.,

the commercial code, as amended, and Act No. 363/1999

Coll. on insurance and amending certain related laws (the law on the

the insurance industry), as amended, as amended

the provisions under the existing legislation governing the

enforcement by sale of movable assets.



Article. IV of Act No. 87/2015 Sb.



Transitional provision



To determine the substantive jurisdiction in the proceedings that were initiated prior to the

the effective date of this Act, the Act No. 99/1963 Coll.,

in the version in force before the date of entry into force of this Act.



Article. (II) Act No. 139/2015 Sb.



Transitional provisions



1. unless otherwise stipulated, the provisions of the code of civil procedure

the version in force from the date of entry into force of this Act and for the management of

initiated before the date of entry into force of this Act; legal effects

the acts that have occurred in the proceedings before the date of entry into force of this

law, are maintained.



2. The possibility to demand the stopping power of decision, pursuant to section 262bs paragraph.

1 of Act No 99/1963 Coll., in the version in force from the date of entry into force of

This Act, the Court shall instruct the spouse's compulsory in proceedings instituted before the

the effective date of this Act, in a resolution on regulation performance

the decision, if this resolution issued after the date of entry into force of

of this Act.



3. motions to exclude the property from enforcement under section 267

paragraph. 2 of the Act No. 99/1963 Coll., in the version in force prior to the date of acquisition

the effectiveness of this law, which were submitted before the effective date of

of this Act, shall be decided in accordance with the existing legislation.



4. the provisions of paragraph 1 of section 304b. 4 and § 309 para. 3 of Act No 99/1963 Coll., as

the version in force from the date of entry into force of this Act, shall apply to the

resolution on the distraint that was delivered from the Monetary Institute

the effective date of this Act.



5. the decision of the Court about the narrowing of the joint property of the spouses, which was

released before 1. January 2014, may be registered in the list of instruments of marital

securities scheme on the written request of one of the spouses or

of both spouses. The founding decision to a collection of documents and registration data

referred to in section paragraph 35j. 3 (b). a), c) and (d)) of Act No. 357/1992 Coll., on the

notaries public and their activities (notarial regulations), as amended

legislation, to register any notary public performs. This registration is

follow the notarial procedure, whose provisions, on their records

also apply to this decision.



Article. (II) Act No. 164/2015 Sb.



Transitional provisions



1. unless otherwise stipulated, the provisions of the code of civil procedure

the version in force from the date of entry into force of this Act and for the management of

initiated before the date of entry into force of this Act; legal effects

the acts that have occurred in the proceedings before the date of entry into force of this

law, are maintained.



2. in the proceedings for enforcement of the claim of the commandments výsluhového

post, a supplement to the pension to alleviate some of the grievances caused by

the Communist regime in the area of social, the supplement to the pension or

special contribution to income under the law governing the valuation of

participants in the national struggle for the liberation of Czechoslovakia and the formation and

some of the survivors after them, where before the date of entry into force of

This Act has not been issued a resolution on regulation of the enforcement of decisions,

the Court will decide an enforcement order in výsluhového

post, a supplement to the pension to alleviate some of the grievances caused by

the Communist regime in the area of social, the supplement to the pension or

special contribution to income under the law governing the valuation of

participants in the national struggle for the liberation of Czechoslovakia and the formation and

some of the survivors. In the proceedings for enforcement

commandments of výsluhového claims, a supplement to the pension contribution to

alleviate some of the grievances caused by the Communist regime in the area of

social, a supplement to the pension or the special contribution to income pursuant to

the law governing the award of the participants of the national struggle for the emergence and

the liberation of Czechoslovakia and some survivors, in which

before the date of entry into force of this Act has been issued a resolution on the

enforcement in the enforcement of the decision continues as

the provisions of § 276 et seq.. Code of civil procedure concerning the regulation of performance

the decision in výsluhového, the supplement to the pension contribution to

alleviate some of the grievances caused by the Communist regime in the area of

social, a supplement to the pension or the special contribution to income pursuant to

the law governing the award of the participants of the national struggle for the emergence and

the liberation of Czechoslovakia and some of the survivors.



3. in the proceedings for enforcement of the judgment by selling of movable assets, in which

before the date of entry into force of this Act, the scope of inventory

goods excluded from enforcement be assessed according to the existing

legislation.




*) According to the full text of the No 69/2001 Coll., the last sentence of paragraph 1. 1 reads as follows:

"The competent court in accordance with § 88 (a). (c)). "



1) Ministerial Decree No. 127/1964 Coll., on urban transport

the order, as amended.



Decree of the Federal Ministry of transport no. 3/1977 Col., on the transport

the order of cableway installations, as amended.



1A) section 66 of Act No. 231/2001 Coll., on radio and

television broadcasts and amending other laws.



33B) § 37 para. 3 of Act No. 94/1963 Coll., on the family, as amended

regulations.



34F) European Parliament and Council Regulation (EC) No 805/2004 of 21 April 2004.

April 2004 creating a European enforcement order for uncontested

claims.



35A) section 83 of the Act No. 337/1992 Coll., on administration of taxes and fees, in the

as amended.



§ 8 et seq.. Act No. 586/1992 Coll., on social

Security and contribution to the State employment policy, as amended by

amended.



§ 5 et seq.. Act No. 586/1992 Coll., on premiums for General

health insurance, as amended.



36) section 5 of the Act. No. 526/1990 Coll., on prices.



53 c) Act No. 182/2006 Coll., on bankruptcy and the ways of its solution

(insolvency law), as amended.



54) Act No. 155/1998 Coll. on sign language and amending other laws, in

amended by Act No. 388/2008 Sb.



55A) Act No. 201/2002 Coll., on the Office of the Government representation in matters of

property.



56) Act No. 412/2005 Coll., on the protection of classified information and on the

Security eligibility.



56A) § 58 para. 5 of law No 412/2005 Sb.



56B) Council Directive 2000/43/EC of 29 April 2004. June 2000 implementing the

the principle of equal treatment between persons irrespective of racial or

ethnic origin.



Council Directive 2000/78/EC of 27 June 2002. November 2000 establishing a

a general framework for equal treatment in employment and occupation.



Council Directive 2004/113/EC of 13 April 2004. December 2004, implementing the

the principle of equal treatment between men and women in the access to goods and services

and their provision.



Council Directive 97/80/EC of 15 December 1999. December 1997 on the burden of

cases of discrimination based on sex.



56 c) to Council Directive 2000/43/EC of 29 April 2004. June 2000 implementing the

the principle of equal treatment between persons irrespective of racial or

ethnic origin.



56 d) Council Directive 2004/113/EC of 13 April 2004. December 2004

implementing the principle of equal treatment between men and women in the access to goods and

services and their provision.



57) section 3 of the Act No. 357/1992 Coll., on the notarial profession and their activities (notarial

of procedure), as amended by Act No. 30/2000 Coll.



57B) section 2 of the Act No. 238/1991 Coll., on patent representatives, as amended by

Act No. 151/2002 Coll.



57B) Law No. 26/2000 Coll., on public auctions, as amended

regulations.



57 d) Act No. 235/2004 Coll., on value added tax, as amended by

amended.



57e) § 11 (1) 1 and section 15 of Act No. 85/1996 Coll., on the legal profession, as amended by

amended.



57f) section 10 of Act No. 435/2004 Coll., on patent representatives and amending

law on measures for the protection of industrial property.



for example, § 58) 21 and 29 of Act No. 2/1991 Coll., on collective

negotiation, § 62 and 62a of the Act No. 94/1963 Coll., on the family, as amended by

Act No. 91/1998 Coll.



58A) Act No. 300/2008 Coll., on electronic acts, personal numbers

and authorized the conversion of documents.



58B) section 10b, para. 1 of Act No. 133/2000 Coll., on the population register, and

social security numbers and amending some laws (law on population register)

as amended by law No 7/2008 Sb.



58c) section 10 of Act No. 133/2000 Coll., as amended. § 77

Act No. 325/1999 Coll., on asylum and on the amendment of Act No. 283/1991 Coll., on the

Police of the Czech Republic, as amended, (asylum Act),

in the wording of later regulations.



58d) Act No. 29/2000 Coll. on postal services and amending certain

laws (the law on postal services), as amended.



58e) Council Regulation (EC) No 1348/2000 of 29 June 2000. May 2000 on

the service of judicial and extrajudicial documents in civil or

business in Member States. Regulation of the European Parliament and of the Council

(EC) No 805/2004 of 21 April 2004. of 21 April 2004 establishing a European

enforcement order for uncontested claims.



58f) Act No. 91/2009 Coll., on private international law.



62d AC adapter) Article. 35 para. 1 of the Treaty on European Union.



Article. 234 of the Treaty establishing the European Community.



Article. 150 of the Treaty establishing the European Atomic

energy.



62e) sections 15, 19, 22, 45 of Act No. 631/2004 Sb.



62F) section 66a.



62 g) the Convention on the civil aspects of international child abduction,

the renowned under no. 34/1998 Coll.



62h) Council Regulation (EC) No 2201/2003 of 27 November 2003. November 2003 on the

jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in

matters of parental responsibility, repealing Regulation (EC) No 1347/2000.



for example, § 63) 9 of Act No. 553/1991 Coll. on court fees in

amended by Act No. 271/1992 Sb.



64) § 6 and following Decree No. 177/1996 Coll., on the remuneration of lawyers and

compensation lawyers for provision of legal services (lawyer's fare).



65) Act No. 219/1995 Coll. foreign exchange law.



66) § 1 (b). b) of Act No. 219/1995 Sb.



67) § 1 (b). c) of Act No. 219/1995 Sb.



67A) European Parliament and Council Regulation (EC) no 1896/2006 of 12 October.

December 2006 establishing a European order for payment procedure.



76) section 6 of Act No. 357/1992 Coll.



77) Law No 87/1995 Coll., on savings and credit cooperatives and

some of the measures related to the law and the Czech

the National Council No. 586/1992 Coll., on income taxes, as amended

regulations.



77A) § 2 (2). 3 (b). I) Law No 284/2009 Coll. on payment systems.



78) § 256 paragraph. 1 (b). d) of Act No. 140/1961 Coll., the criminal code, in the

amended by Act No. 253/1997.



78A) Article. 244 and 256 of the Treaty establishing the European Community. Article. 159

164 and the Treaty establishing the European Atomic Energy Community.



79A) § 19 and 52d of law no 284/2009 Coll., on payments, as

Act No. 139/2011 Sb.



80) section 71a to 71 c of Act No. 357/1992 Coll., as amended.



80A) § 232 paragraph. 4 Act No. 280/2009 Coll., the tax code.



80B) Act No. 187/2006 Coll., on sickness insurance.



80 c) Law No 266/2006 Coll., on accident insurance for employees.



80 c) Law No 110/2006 Coll., on life and the subsistence minimum, as amended by

amended.



81) section 20b of Act No. 21/1992 Coll., on banks, as amended by Act No. 165/1998

SB.



85A) Law No 408/2010 Coll., on financial collateral arrangements.



86A) § 92, 93 and 99a of Act No. 256/2004 Coll., on capital

the market.



86B) § 115 of Act No. 256/2004 Coll., as amended by Act No 56/2006 Sb.



86 g) § 35 et seq. Act No. 190/2004 Coll. on bonds, as amended by

Act No. 230/2008 Sb.



86j) § 4 paragraph 2. 1 of Act No. 254/2004 Coll., on the limitation of cash payments and

on the amendment of Act No. 337/1992 Coll., on administration of taxes and fees, as amended by

amended.



90) § 1 (b). d) of Act No. 219/1995 Sb.



91) Act No. 256/2004 Coll., on the capital market.



91) section 35 of Act No. 256/2004 Coll.



§ 17 et seq. Law No. 26/2000 Coll., as amended.



92) § 2 (2). 1 Act No. 151/1997 Coll., on the valuation of assets and amending

Some laws (law on the valuation of assets).



94) § 21 of Act No. 182/2006 Coll., on bankruptcy and the ways of its solution

(insolvency law), as amended by Act No. 296/2007 Sb.



95) Act No. 116/1990 Coll., on lease and sub-lease of non-residential premises, in the

as amended.



96) Act No. 150/2002 Coll., the administrative court rules.



97) section 2 of the Act No. 131/2002 Coll., on the decisions of some competence

disputes.



98) Act No. 216/1994, Coll., on arbitration proceedings and enforcement of arbitral

the findings.



for example, 99) § 70 para. 2 of Act No. 200/1990 Coll. on offences.



101) § 55 para. 2 Act No. 256/2004 Coll., on capital

market, as amended by Act No. 230/2008 Coll. and Act No. 188/2011 Sb.



The additional protocol and the protocols No. 4, 6 and 7, the renowned under no. 209/1992

Coll., as amended by Protocol No. 11, the declared under no. 244/1998 Coll.



Protocol No 13, promulgated under Act No. 114/2004 Coll.



102) Act No. 185/2001 Coll., on waste and amending certain other

laws, as amended.



102) § 13a of the Act No. 359/1999 Coll. on social and legal protection of children, in

as amended.