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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§ 175b
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§ 175c
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§ 175d
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§ 175e
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§ 175f
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§ 175 g
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§ 175h
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§ 175i
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§ 175j
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§ 175 k
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§ 175 l
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§ 896 m
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§ 175n
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§ 175o
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§ 175p
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§ 175q
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§ 175r
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§ 175s
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§ 175t
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§ 175u
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§ operating temperature min
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§ 175w
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§ 199 x
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§ 175y
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§ 175z
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§ 175za
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§ 175zb
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§ 175zc
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§ 175zd
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§ 175ze
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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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§ 181
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§ 182
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§ 183
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§ 184
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§ 185
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§ 185a
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§ 185b
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§ 185c
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§ 185d
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§ 185e
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§ 185f are inserted
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§ 185 g
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§ 185h
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§ 185i
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§ 185j
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§ 185k
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§ 185l
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§ 185 m
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§ 185n
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§ 185o
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§ 185p
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§ 185q
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§ 185r
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§ 185s
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§ 186
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§ 187
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§ 188
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§ 189
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§ 190
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§ 191
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section 191a
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§ 191b
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§ 191c
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§ 191d
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§ 191e
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§ 191f
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§ 191g
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§ 191h
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§ 192
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§ 193
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§ 193a
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§ 193b
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§ 193c
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section 193d
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§ 193e
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§ 194
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the title launched
section 194a
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§ 195
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§ 196
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§ 197
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§ 198
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§ 199
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§ 200
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section 200a
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section 200b
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§ 200 c
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§ 200d
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§ 200da
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§ 200db
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§ 200dc
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§ 200de
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§ 200e
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§ 200 g
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§ 200 h
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§ 200i
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§ 200 l
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§ 200 m
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§ 200n
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§ 200o
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§ 200 p
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§ 200q
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§ 200r
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§ 200s
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§ 200t
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§ 200u
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§ 200ua
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§ 200v
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§ 200w
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§ 200 x
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§ 200y
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§ 200z
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§ 200za
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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.
