Enforcement Order Of The

Original Language Title: exekuční řád

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=51202&nr=120~2F2001~20Sb.&ft=txt

120/2001 Sb.



LAW



of 28 June. February 2001



about bailiffs and enforcement activities



(procedure)



and amending other laws



Change: 6/2002 Sb.



Change: 360/2003 Coll.



Change: 279/2003 Coll.



Change: 53/2004 Sb.



Change: 257/2004 Coll.



Change: 284/2004 Sb.



Change: 499/2004 Sb.



Change: 377/2005 Sb.



Change: 501/2004Sb.



Change: 57/2006 Coll., 70/2006 Coll., 79/2006 Sb.



Change: 133/2006 Sb.



Change: 253/2006 Coll.



Change: 296/2007 Coll. 347/2007 Sb.



Change: 254/2008 Coll., 259/2008 Sb.



Change: 274/2008 Sb.



Change: 183/2009 Sb.



Change: 301/2008 Coll., 7/2009 Sb.



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



Change: 41/2009 Sb.



Change: 227/2009 Sb.



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



Change: 188/2011 Sb.



Change: 428/2011 Coll., 396/2012 Sb.



Change: 45/13 (part)



Change: 396/2012 (part)



Change: 45/13 Sb.



Change: 89/2012 Coll. 256/2013 Coll. 303/2013 Coll. 340/2013 Coll. 344/2013

SB.



Change: 170/2013 Sb.



Change: 396/2012 (part)



Change: 303/2013 (part)



Change: 139/2015 Sb.



Change: 164/2015 Sb.



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



ENFORCEMENT ORDER OF THE



TITLE I OF THE



BASIC PROVISIONS



§ 1



(1) the court bailiff (hereinafter referred to as the "executor") is the natural person complying with the

the prerequisites pursuant to this Act, the State commissioned a exekutorským

by the authority.



(2) in the framework of the credentials of the exekutorským Office of the bailiff carries out enforcement

enforcement orders, including the establishment of the bailiff lien (

"enforcement activity") and other activities under this Act.



§ 2



(1) the bailiff carries out enforcement activities independently. In the performance of enforcement

the activity is bound only by the Constitution of the Czech Republic, laws, other legal

regulations and decisions issued by the Court in proceedings for the enforcement of decisions and

execution proceedings.



(2) the bailiff is obliged to exercise his profession conscientiously and in his

performance and in civic life to refrain from anything that might disturb the

the dignity of the bailiff profession or undermine the confidence in an independent,

an impartial and fair performance of enforcement activities.



§ 3



(1) the bailiff carries out enforcement and other activities for consideration.



(2) the bailiff's Activity is incompatible with any other gainful activity, with the

the exception of the administration of their own property. The bailiff may, however, perform a

payment activities scientific, publishing, teaching, interpreting,

expert, artistic and activity in the advisory bodies of the Government,

ministries, other central bodies of State administration and bodies

self-government.



§ 4



(1) the bailiff shall, in the performance of execution and other activities to use

the designation "bailiff". The designation "bailiff" or

"the Office of bailiff", derived from the forms of the words, not even marking the eligible

cause confusion with the markings is not entitled to use the

the other person.



(2) the person who does not, on the basis of the law enforcement Executive

titles, is not entitled to refer to their activities as "enforcement",

"execution" or "enforcement activity", the shapes of words derived from them, nor

designation of eligible to cause confusion with the markings.



§ 5



(1) the bailiff may employ staff.



(2) on the basis of a written mandate issued by the bailiff can

employees to carry out acts of enforcement activities and other activities

conditions and within the limits laid down by this law.



(3) The employment of the employees covered by the executor of the specific legal

prescription. ^ 2)



§ 6



Authority of self-government is the executors executors of the Czech Republic

(hereinafter referred to as the "Chamber").



section 7 of the



(1) State supervision over the execution of the activities, over the activities of an executor under section

paragraph 74. 1 (a). (c)) and section 76a and over the handling of a special account in accordance with section

paragraph 46. 5 or over the management of the resources of the special account shall

The Ministry of Justice (hereinafter referred to as "the Ministry"). The Ministry of

State supervision carried out on the basis of written legal complaints, or

natural persons.



(2) in the exercise of State supervision Department is examining the legality of the

the procedure of bailiff, compliance with the Office of the order and the fluidity and

the length of the enforcement procedure.



(3) the Ministry is in the exercise of State supervision shall be entitled to



and) conduct regular checks of bailiffs ' offices,



(b) access to writings) documents and records equipment, take one

the statements and the copy,



(c)) should, within a period to be determined by, the written statement executor to

things, that is subject to State supervision,



(d)) require oral explanation of the executor, or its employees to

things, that is subject to State supervision, if the written expression

referred to in subparagraph (c)) is not necessary or is insufficient,



e) entering the bailiff Office,



(f)) and the information systems of executor, which contain

information on the management of special account pursuant to § 46 paragraph. 5 or on the

the management of the funds in a special account, the purchase of these listings and

a copy of the.



(4) the Executor is obliged to the Ministry in the exercise of State supervision

provide the required synergies by



and shall be sent within the period prescribed) by the Ministry of the copies of the required documents

or the information referred to in paragraph 3 (b). (f)), or for the time strictly necessary

the file,



(b) provide a written representation) in accordance with paragraph 3 (b). (c)),



(c)) on the summons to come to an oral explanation referred to in paragraph

3 (b). (d)).



(5) the Chamber shall exercise supervision over the activities of bailiff, over the management of the activities of the

the bailiff of the Office and ensuring compliance with the obligations laid down

subject to the Act on certain measures against the legalization of proceeds from

crime and the financing of terrorism. To exercise supervision applies

Similarly, paragraph 3 and 4.



(6) State supervision over the execution of the activities and the activities referred to in section 74, paragraph.

1 (a). (c)) shall exercise also the President of the District Court in whose district the is

the executor appointed; in the case of the State supervision in each case, whether or not

the President of the competent court pursuant to § 45 (hereinafter referred to as "the Court of execution"). For

the exercise of State supervision by the President of the District Court shall apply mutatis mutandis

paragraphs 2 to 4. The President of the District Court of the State supervision carried out on

the basis of the written complaints legal or natural persons. The President of the

the District Court may entrust the performance of State control, Vice-Chairman

of the Court. The individual acts in the exercise of State supervision, the President may

District Court to instruct senior court clerk.



Section 7a



(1) Minor shortcomings in enforcement and other activities of the executor, minor

deficiencies in the activity of the bailiff of the candidate (hereinafter referred to as "candidate")

or as an associate of the bailiff ("Junior") or small

misdemeanors in the behavior of the Ministry, Chamber or the President of the District Court

executor, candidate or koncipientovi will in writing.



(2) unless it is that the executor has carried out all the measures that can be

It should fairly and in the management of the bailiff of the authority under section 13

paragraph. 1, the Ministry will, President of the Chamber or of the District Court

executor even minor deficiencies in the activities or minor misdemeanors in the

the behavior of the candidate or as an associate, who are its employees.



§ 8



The Minister of Justice (hereinafter referred to as "the Minister")



and on a proposal from and) recalls the Chamber appoint executors,



(b)), after consultation with the Chamber determines or increases the number of bailiffs ' offices

in the circumference of each District Court and their possible change,



(c) on the proposal of the Chamber) can translate executors with their consent to the circuit

another district court,



(d) appoint one-third of the members) of the test and two-thirds of the members of the Commission

Disciplinary Commission from the ranks of judges,



e) announces a call for tender under the conditions laid down in section 10, paragraph 1. 2 and

served on the design of the selection board members under section 115a paragraph. 1.



§ 8a



(1) the Chamber is required to submit to the Ministry within 30 days all

the estates regulations, adopted by its institutions. This is without prejudice to the provisions of section

paragraph 110. 8.



(2) if the Minister considers that the rebellion of the prescription of the Chamber is in contradiction with the

by law, is entitled to submit within two months of its adoption, the draft

on his review of the Court.



§ 8b



The Chamber, on request, shall send forthwith a copy of the Act to the Department of the Chamber,

as well as related instruments.



§ 8 c



(1) If a resolution to the Contrary, decision or other action of the Chamber of the law

or other legal regulation and unless it is a rebellion of the prescription, you may

such an act to abolish the Ministry of the Chamber. The decomposition does not have suspensory effect.



(2) the provisions of paragraph 1 shall not apply in the case of violation of law

the rules of civil, business, family or employment law. Further

the provisions of paragraph 1 shall not apply to the decisions and other acts of the Chamber

made under the administrative procedure or by the law on tax administration and

the fees.



§ 8 d



(1) if the Chamber fails repeatedly, a serious obligation

her act, the Minister may decide on the administration of the Chamber. Against the

the decision of Administration may be made. The first act in the proceedings

on the introduction of the Administration may be making the decision about the Administration

The Chamber. The Minister's decision may change the administration of the Chamber.



(2) the date when the decision on the administration of the Chamber has power,

to the extent provided for in this decision shall be suspended performance of the functions of the authorities

The Chamber, with the exception of bringing an action in court against this decision.
Deciding on matters belonging to the scope of the Chamber's bodies in this

time passes in the scope in which it was the performance of their functions

suspended, to the Ministry. The Ministry in these matters acts on behalf of

The Chamber on the scale laid down in the decision of the Administration

The Chamber.



(3) if the performance of the functions of the organs of the Chamber is suspended, or to the extent

which has not been suspended, these authorities in matters belonging to the

their competence to make decisions only with the consent of the Ministry, otherwise it is

such a decision is invalid. In cases in which the Ministry is not

on behalf of the Chamber, the Chamber can legally Act only with the consent of

the Ministry, otherwise such legal acts invalid. The first sentence and

the second do not apply to an action in court against the decision of the

the introduction of the forced administration of the Chamber.



(4) the costs associated with the performance of the administration shall be borne by the Ministry.



(5) the receivership ends with the delivery of the decision of the Minister on its termination,

not later than the expiration of 3 years from its introduction. At the next meeting

the Convention shall submit to the Ministry a report on the performance of the Administration and of the status of

management and property.



TITLE II



The EXECUTOR



Part 1



The bailiff and the bailiff Office



§ 9



(1) the bailiff can be appointed as a citizen of the Czech Republic, which



and) is fully svéprávný,



(b)) has earned a university degree in law



1. master's degree programme in law and jurisprudence study on the

high school in the Czech Republic ^ 28), or



2. the study on the high school abroad, if such education in

The Czech Republic is recognised as equivalent to the training referred to in paragraph 1 to the

under the international treaty, which the Czech Republic is bound, or

If such education was recognised by a specific legal

^ regulation 29), and at the same time such education corresponds to the content and scope of

the general education that you can get the master's degree programme

law and legal science in the field of law at a University in the Czech Republic,



(c)) is blameless,



(d) at least three years ' experience) perform, practice, and



(e)) was composed by experience exam.



(2) experience of the practice means the practice of executor, candidate and

an articled clerk under this Act. The Ministry counted completely into the

enforcement practice practice judge, judge of the Constitutional Court, Assistant judge,

Attorney, lawyer, notary, commercial lawyer, Prosecutor,

an Assistant Prosecutor, judicial trainee, legal trainee

the public prosecution service, trainee lawyers, notary, MTL

notarial candidate, legal trainee public prosecutor and the

legal trainee at the commercial lawyer; from other legal practice can

count not exceeding 2 years.



(3) the experience of the test means the exam according to the executor of the

of this law. The Ministry recognizes the Professional judicial exam, judicial

the test, a single judicial and bar exam, prokurátorskou

exam, bar exam, the notarial examination, professional exam

commercial lawyer and the final examination of the legal trainee for

experience of the test according to this law.



§ 10



(1) the Bailiff shall appoint to the bailiff of the authority on a proposal from the Minister

1 month from receipt of the draft of the Chamber on the appointment of a bailiff, and in

the headquarters of the District Court in the district. The proposal for the appointment of a bailiff served on

Tender Chamber within 1 month from the end of the selection

the proceedings. Recruitment is closed, the release of the decision of the Presidium of the Chamber

about which candidate is placed in the selection procedure in the first place

or who the candidates were successful, so that they meet the prerequisites for their

the appointment.



(2) the Chamber held a tender no later than within 1 month from the release of

the bailiff Office and or, if it is to increase the number of bailiffs ' offices,

within 1 month after the Chamber becomes aware of the increase the number of bailiffs '

offices. If the Chamber does not give the Minister a proposal for the appointment of an executor

within 1 month from the end of the selection procedure, or is not carried out selective

proceedings within the prescribed period, the Minister shall publish the selection procedure and its

the basis of his name an executor without this proposal.



(3) The selection process can log in within the time limit specified by the Chamber of Commerce

Anyone who satisfies the conditions referred to in section 9.



§ 11



(1) the bailiff may carry out their activities only, if



and vow to hand) the Minister,



(b) a contract of insurance) the liability for the injury, which could

arise in connection with the performance of enforcement activities.



(2) the bailiff shall conclude a liability insurance

the injury, which could arise in connection with the performance of enforcement

activities, and to demonstrate the stejnopisem, or a certified copy thereof

The Chamber, within 30 days after its appointment the bailiff. If the executor

It employs the employee is obliged to conclude a contract of insurance for your

responsibility for injury caused by its employees in connection with the

activities under this Act.



(3) the insurance of liability for harm that could arise in the

connection with the performance of enforcement activity must take all of the time

the performance of the Office of the bailiff.



§ 12



(1) the candidate selected for appointment to the bailiff of the Office consists in the hands

the Minister before his appointment this promise: "I promise on my conscience and

civil honour, that I will respect the Constitution of the Czech Republic, the constitutional and

other laws and regulations, and will apply them as the bailiff

According to the best of my knowledge and belief, in the performance of enforcement activities

I'll proceed independently and fairly and I will maintain the obligation to

confidentiality of all facts which I learn in connection with

the exercise of enforcement or other activities of an executor. "



(2) if the applicant refuses to pledge or if the promise subject to,

cannot be appointed as a bailiff and the bailiff of the authority, the Minister shall appoint to the

applicants in a selection procedure which is placed on the next order

for a candidate who refused to take an oath or a vow with the subject.



section 13



(1) the bailiff controls the activity of the bailiff of the authority, which shall carry out on its behalf

all of the tasks necessary for the proper performance of the enforcement activities. Executor in

uses the card of an executor, stamp and seal, which

contain



and) his name, surname and title



(b)) the designation "bailiff",



(c) the seat of the bailiff),



d) coat of arms of the Czech Republic.



(2) the bailiff's Card, stamp and seal issue subject to the Chamber.



(3) the pattern stamp and seal the executor is in annex No. 1 to the

This law.



§ 14



(1) the seat of the bailiff of the authority is a municipality, which is the seat of the district

the Court, in whose district the bailiff was appointed. The other seat in the circuit

This Court's bailiff may choose only with the prior consent of the Chamber.



(2) the Bailiff shall be marked by the Office in accordance with Annex 2 to this Act.



§ 15



(1) the performance of the Office of the bailiff shall cease



the death of a bailiff, and)



(b) a statement from the executor of the dead),



(c)), citing the bailiff's fee,



(d)) the lapse of citizenship of the Czech Republic,



(e) if the patient was the executor) limited,



(f) the date of the decision), which was imposed disciplinary measures

the appeal of the bailiff of the Office,



(g)) on the day the decision of the Court, which was the executor stored

prohibition of the activity from which the bailiff or the executor

sentenced to imprisonment, nepodmíněnému



(h)) on the expiry of 6 calendar months following the month in which the

the Ministry received the request of the executor of their performance of the bailiff

the Office.



(2) the Minister shall withdraw the executor



and if the executor was been) convicted for an intentional criminal offence

or for an offence committed in connection with the execution of the activities,



(b)) if the executor they can demonstrate the original or a certified copy of the Chamber

the contract of insurance of its responsibility for the injury within 30 days after its

the appointment of a bailiff or disappear if its liability insurance

injury and the executor does not renew it within 30 days,



(c) if the executor to's) 3 months after the oath without serious reasons

does not open at the headquarters of the bailiff of the Office to which he was appointed, the Office

and will not be ready to carry out enforcement activities,



(d)) if the Court on the proposal of the Ministry decided that the executor in relation to

his health condition cannot properly for at least 1 year of exercise

enforcement activity.



(3) the performance of the bailiff of the authority shall be suspended on the date of delivery of the decision on the

his appeal.



(4) if the Chamber about the reason for the appeal referred to in paragraph 2, the

It is obliged to immediately notify the Ministry.



(5) the Executor appointed by the Office of the bailiff, whose performance has lapsed,

This Office takes over the writings of the bailiff carries out enforcement and further and

For more activity. The participants of the distrainment proceedings shall inform and

authorized learning that may apply to a bailiff. The bailiff to whom

the performance of the Office of the bailiff has been extinguished, shall ensure that the transmission of the files, the performance

recovered in the execution of secured goods, bailiffs ' escrow and registers

the newly designated to receive and transfer stamps, certificates and pečetidel

under section 103, paragraph. 1.



(6) the executor, which has lapsed, or the performance of the Office of the bailiff

his heirs or odkazovníků on the remuneration of newly appointed executor of the will

determined by agreement. If the agreement is not delivered to the Chamber within 2 months from the appointment of the
the new executor of the Chamber shall decide, in accordance with the principles of a fair arrangement.



PART 2



Representation of the executor



section 16 of the



(1) After the appointment of a bailiff to the Chamber shall appoint him to the Office of the bailiff on the

his proposal of the representative of sickness, vacation, suspension or

the demise of the bailiff Office and performance or for other serious reasons, for

that cannot exercise its authority. The Chamber shall appoint a representative of the executor

also, if he himself has not proposed a representative within 1 month from your

the appointment, and also in the case of suspension of the exercise of his Office. Represented

the bailiff and the Deputy shall agree on the share of the representative on the remuneration of the represented

the executor. If the agreement is not delivered to the Chamber within two months from the

appointment of a representative, the Chamber shall decide in accordance with the principles of fair

the arrangement.



(2) the representative is appointed from among the candidates, the executor, if they are not, from a series of

the executors appointed by the appropriate District Court district, or their

candidates, and if they are not, from the ranks of the executors named in the circuit

the competent regional court or their nominees. A representative of the

the executor can appoint a candidate only if it meets the conditions

under section 11 (2). 1 (a). (b)).



(3) a bailiff shall without undue delay notify the existence or extinction

the facts referred to in paragraph 1, in writing, the Chamber and its appointed

the representatives. Notification of the occurrence of the facts referred to in paragraph 1 shall include the

in particular, the reason and the date from which the executor cannot exercise its authority.

The announcement of the demise of the facts referred to in paragraph 1 shall include the reason and date from

the executor can exercise its authority. Representation begins on the date when the

the representative becomes aware of the facts referred to in paragraph 1, and ends, if after

the demise of the performance of the bailiff of the Office appointed to the new Office of the bailiff

executor or if other reasons have ceased to exist, for which representation was created.

Without undue delay after the date of termination of the representation shall be offset

between the agent and the principal bailiff, or his heirs or

odkazovníky, and to the date of termination of the representation.



(4) if the representation takes, can't get the executor to carry out

enforcement activity. The representative of the executor is obliged to replace the injury

caused by the breach of the obligation of secrecy. For injury caused by

the staff of the principal executor corresponds to either the executor. By

are without prejudice to the provisions of the special legal regulation.



(5) the appointment of a representative from among the candidates is subject to the consent of the

the bailiff's fee, for which the candidate is employed.



(6) against the decision of the Chamber of representatives and determine the share of the

the reward represented the executor can lodge an ordinary appeal to

of the Court.



(7) the agreement referred to in paragraph 1 and in accordance with § 15 paragraph. 5 records the Chamber.



§ 17



(1) a representative of the executor shall be signed by the instrument in their own name and surname and

at the same time also indicate the name and surname of an executor, which represents.



(2) if the Deputy Bailiff, uses their stamp and seal.

If the candidate uses the stamp and seal the executor, which

He represents.



(3) the provisions of this Act relating to the bailiff's fee also applies to

the candidate, if exercised the Office of executor as a representative of the executor.



(4) a candidate who represents the executor, which has lapsed power

the bailiff carries out the activity of the representative office, separately. The provisions of §

32 shall apply mutatis mutandis.



section 18



(1) the Chamber shall appoint a new representative, executor



and if the designated representative) is the executor and the performance of its

the bailiff Office has lapsed,



(b) if the designated representative) is the candidate him removed from the Chamber and

the list of candidates and shall, if his injury liability insurance

and even after warning him of the Chamber does not renew within a specified period and or if the

He was imposed disciplinary measures appeal of representation,



(c) if the designated representative) requests the release of the representative,



d) if requested by either the executor.



(2) the provisions of § 16 shall apply mutatis mutandis and on the provisions of the new

representative.



(3) the provisions of the new provisions of the prior representative shall cease.



PART 3



The staff of the executor



Junior



§ 19



(1) the Clerk is an employee of the bailiff's registered into the list of executives.



(2) a list of the executives leading the Chamber.



section 20



(1) the Chamber of the writes to the list of executives on a proposal from the executor of the citizen

The Czech Republic, which



and) meets the conditions referred to in section 9 (2). 1 (a). and (c)))



(b)) is employed by the executor.



(2) the list of executives perform Chamber within 1 month from the date of

delivery of the executor. The implementation of the registration, as well as the refusal of the

the implementation of registration shall notify the Chamber of koncipientovi and subject for which

is an associate in the employment relationship.



(3) the person who was not registered within the prescribed period to the list of executives, and

with his consent and executor, which is the one who was not in the set

the time limit entered in the list of executives, in employment, has the right to

to pursue the implementation of the registration of the design in court. In the absence of any of the

the listed persons claim within 2 months of the notification of the Chamber of

refusal to perform the registration, but not later than 6 months from the delivery

the proposal on the list of executives to the Chamber, the right to perform

the registration of a person who was not registered within the prescribed period to the list

executives, ceases to exist.



section 21



(1) the bailiff may in writing delegate implementation tasks of MTL, which

are the subject of enforcement actions or other activities.



(2) the bailiff, however, cannot delegate the MTL to issue enforcement

the command. Clerk cannot do real or commercial auction

plant (hereinafter referred to as "the race"), to issue a decision in execution sale

immovable property or plant or establish the enforcement of lien.



section 22



(1) the Chamber is removed from the list of executives



and) who died or who was pronounced dead,



(b)) who ceased to be the State citizenship of the Czech Republic,



(c)), who was limited in the mom,



(d)) who was been convicted for an intentional criminal offence or for the crime of

an offence committed in connection with the execution of the activities,



e) who asked in writing for removal from this list,



(f)) who ended up working with the executor,



(g)), who was entered in the list of candidates.



(2) deletion from the list of executives shall notify the Chamber of Commerce and koncipientovi

executor, which is and was an associate in the work or employment.



(3) the person who has been deleted from the list of executives, and with his consent and

the executor, which is the one who has been deleted from the list of executives, in

employment, is entitled to claim the protection of the proposal in court.

In the absence of any of the listed persons claim within 2 months from the delivery

notification of the Chamber about the deletion from the list of executives, law on the protection of

the guy who was withdrawn from the list of executives, will lapse.



The candidate



section 23



(1) the candidate is registered to the executor of the employee list of candidates.



(2) the list of candidates to lead the Chamber.



section 24



(1) the Chamber of Commerce on the basis of a written application of a junior entered in a list

candidates who



and the date of registration) is entered in the list of executives and for whom there was

the reason for his removal pursuant to section 22 paragraph 1(b). 1 (a). and (f))),



(b) at least three years ' experience) perform, practice,



(c)), he composed the experience of the test.



(2) the composition of the execution of the test must allow everyone who meets

the conditions referred to in paragraph 1 (b). and (b))).



(3) the minutes referred to in paragraph 1 shall give the Chamber within 1 month from the date of delivery of the

request. The implementation of registration shall notify the Chamber candidate and subject, for

which the candidate is employed.



(4) the person who was not registered within the prescribed period to the list of candidates, and with

his consent and executor, which is the one who was not in the set

the time limit entered in the list of candidates in the employment relationship, has a right to sue

to perform the write to the draft list of candidates for the Court. In the absence of

any of the listed persons claim within 2 months from the delivery of the notice

The Chamber to reject implementation of the entry in the list of candidates, no later than

However, within 6 months from the delivery of the proposal on the list of candidates

The Chamber, the right to make registration of the person who was not within the prescribed period

in the list of candidates, shall lapse.



§ 25



The executor may in writing delegate the conduct of the candidate acts in execution

or other activities.



section 26



(1) the Chamber shall withdraw the candidate from the list of candidates for the reasons referred to in

section 22(2). 1 (a). and) to (f)).



(2) Removal shall notify the candidate and subject, that is, and or

He was a candidate in the employment relationship.



(3) the person who was deleted from the list of candidates, and with his consent and

the executor, which is the one who has been deleted from the list of candidates, in the

employment, is entitled to claim the protection of the proposal in court.

In the absence of any of the listed persons claim within 2 months from the delivery

notification of the Chamber about the deletion from the list of candidates, the right to protection

the guy who was withdrawn from the list of candidates, shall lapse.



section 27 of the



Executor executor and other employees of the executor



(1) the bailiff may employ in the service executor executor

and other staff.



(2) the executor the executor the executor may in writing delegate implementation

acts that in the enforcement of the decision according to the code of civil procedure

performs the executor ^ 3a). Other employees may entrust the implementation of a

simple things that are the subject of enforcement or other activities.
(3) the executor, the executor may be a citizen of the Czech Republic, which



and) is fully svéprávný,



(b)) is blameless,



(c)) has a full secondary education,



d) is employed by the executor for at least 6 months,



e) passed the test executor the executor.



(4) the extent and the way of qualifying the test executor the executor shall designate

Chamber under article 110, paragraph. 7 (b). (c)) and § 110, paragraph. 8.



TITLE III



ENFORCEMENT ACTIVITIES



Part 1



General provisions



section 28



The seizure of the executor, which leads in the enforcement proposal marks the true

and that is registered in the register initiated foreclosures. Acts of the executor of the will

be regarded as acts of the enforcement court.



section 29



(1) the bailiff is excluded from enforcement proceedings, if, taking into account the

its ratio to the point, to the participants of the execution proceedings or to their

There's a reason representatives doubt his impartiality.



(2) the reason for the exclusion of an executor are not the circumstances that are

the procedure in the bailiff's execution proceedings on the case.



(3) when the executor is aware of facts, which is excluded,

It shall notify without delay the enforcement court. In proceedings may yet make only

such acts, that kid.



(4) the execution proceedings have the right to comment to the person

the executor; about the bailiff must be advised.



(5) the participant is obliged to apply the bias objection of an executor

no later than 8 days from the day on which it was served notice of initiation

execution; He did not know if at this time about the reason for the exclusion or if this was

the reason later, objection may apply, within 8 days after the

learned. Later an objection may also apply if the participant bias,

If the bailiff has not been advised of his right to comment to the person

the executor. Objections to the mandatory to the person the executor do not have suspensory effect.



(6) the objection of partiality must contain the designation of the executor and putting

the circumstances that constitute the reason for the doubts about his impartiality,

where applicable, when the party applying therefore the objection

learned and as evidence of his claims can be proven.



(7) the decision on the objection shall submit without delay to the bailiff bias thing

the order of the Court; in proceedings may yet make only such acts, which

don't delay. This does not apply if the claim asserted in the latest

the day of the termination of the enforcement proceedings, or stop, or when the

apply to a participant in the opposition the same circumstances, the enforcement

the Court has already decided, or if the motion is clearly overdue.



(8) the exclusion shall be decided by the court bailiff enforcement.



(9) the decision to exclude the executor shall be delivered to the creditor, the debtor, and

executor.



(10) against the decision issued in proceedings on the exclusion of the executor is not

subject to appeal.



(11) where it was decided that the executor is excluded in the execution

continues the executor, which suggests a legitimate and which is recorded in the

the register initiated foreclosures so that changes the data according to § 35b

paragraph. 1 (a). and) or (b)); newly registered the executor decides

use to cover the costs incurred by the execution costs of execution.



(12) on whether junior is expelled, candidate, or other employee

bailiff, as well as an expert or interpreter shall be decided by the bailiff; paragraph

1 to 4, 6 and 9 shall apply mutatis mutandis. His resolution is not allowed

the appeal.



section 30



The bailiff may refuse to perform the requested Act only from one of the

for these reasons:



and contrary to the law) or the legislation,



(b)) if he had a reasonable advance on the costs of execution,

unless the execution for the recovery of maintenance of the minor child.



section 31



(1) the bailiff is obliged to keep confidential all facts

which he learned during the implementation of the execution or other activities.



(2) the obligation of secrecy may exempt the executor of the authority of the Chamber, and it

only for reasons worthy of special attention, to the extent necessary and for

case by case basis.



(3) a bailiff is obliged to maintain the confidentiality of facts which

may affect the legitimate interests of the participants to the enforcement proceedings.

The appellant, whose legitimate interest is the fact, may

executor of the obligations of confidentiality of such information.

If a participant is subject to the enforcement procedure written consent with the communication

information covered by the obligation of professional secrecy, in accordance with the Special

^ 30) law, the bailiff to call these data to the competent authority

communicate.



(4) the Executor does not have the obligation of confidentiality in relation to their

the staff, which instructs performing individual acts pursuant to

the law, if the person is required to own the obligation of confidentiality

maintain.



(5) the duty of confidentiality is not bound by the bailiff to the extent necessary for the

proceedings before the Court. Furthermore, it is not bound by professional secrecy in the range

necessary for proceedings before another authority, is the subject of dispute management

between him and the authorized or mandatory or their successors in title, and

for the exercise of State supervision.



(6) the obligation of secrecy, the executor cannot call in the disciplinary proceedings

in accordance with this Act.



(7) the duty of confidentiality does not affect the obligation imposed by law

thwart the Commission of an offence. ^ 4) violation of the obligation of confidentiality

It is not the fulfilment of obligations to the competent authority in accordance with the Act on certain

measures against the legalization of proceeds from crime and the financing of

terrorism and the law on the implementation of international sanctions.



(8) the obligation of secrecy in accordance with paragraph 1, after the demise of the performance

the Office of bailiff.



(9) the obligation of secrecy to the extent specified in paragraphs 1 to 8 shall

by analogy also applies to employees of the executor, the executor of the activity in

the bodies of the Chamber of Commerce, also on the members of the bodies of the Chamber and its employees,

as well as to all persons involved in disciplinary proceedings under this

the law. For these persons persists after the termination of their employment at the

the executor or the Chamber of Commerce, or after termination of their functions in the body

The Chamber.



(10) the breach of confidentiality pursuant to the preceding paragraphs

based exercise disciplinary liability and its obligation to replace injury

that breach of this obligation.



§ 32



(1) unless otherwise provided by special law to the contrary, the executor is obliged to replace the

injury, who caused it in the context of the activities referred to in this

the law. The executor is obliged to replace the injury even if the injury

caused when the execution or performance of other activities of its staff;

any obligation to this person to replace the injury under the special rules

This does not affect.



(2) the bailiff shall be exempted from the obligation under paragraph 1 if it proves that the

the injury could not be prevented even when expending all efforts that

You can request it.



(3) the obligation of the State to replace the injury under special legislation ^ 5)

This does not affect.



The assistance of third parties



section 33



(1) Courts, government bodies and authorities, municipalities and their agencies,

notaries and legal and natural persons, if they decide on the rights and

obligations are required to communicate to the executor to his written request

details of the assets of the debtor that are known to them from their official

activity.



(2) the police of the Czech Republic will provide the executor at his request the protection of the

and synergy under the Act on the police of the Czech Republic.



(3) the authorities of the State administration, self-government authorities and legal persons of

official power are a special law mandated to conduct the registration of

persons or their property or in relation to the subject of its activity lead

registration of persons and their property, are required to notify the executor on

his written request, the data needed to conduct the execution; This obligation has

in particular, the authority responsible for the leadership of the land register, tax administration,

the authority, which maintains the registry of motor vehicles, the authority responsible for the leadership of the

information system of public administration, in which data are kept on the

weapons, ammunition and firing ranges operated by the authority, the social

security, health insurance, commodity exchange, organizer

regulated market ^ 27), central depository, any other person authorised to

the keeping of registers of investment instruments and the Chamber of notaries of the Czech Republic

in relation to the list of instruments of the marital property regime. Worker

the tax administrator, the institution of social security and health insurance,

in response to a written request of the executor of the reach obligations

confidentiality pursuant to special legal regulation. In enforcement proceedings has

executor for the purpose of obtaining remote access to computer files, in the

which are kept by the land registry data, the status of the business

folder State ^ 7f).



(4) the banks, branches of foreign banks, savings and loan cooperatives,

electronic money institutions, foreign institutions, electronic

money, electronic money issuers of small scale, payment

foreign institutions, payment institutions and payment service providers

small scale services (hereinafter referred to as "financial institution"), insurance companies,

investment companies and investment funds, securities dealers,

pension companies, pension funds, according to a special legal

Regulation, the deposit insurance fund (hereinafter referred to as "financial institutions"),

notaries, lawyers, natural and legal persons are obliged to communicate to the
impose on his written request, information on the account numbers of the statutory or

his other unique identifiers ^ 7a), as well as their status and

changes and data about property, things, schedules or book-entry securities

papers of the statutory or they managed them for the mandatory or

mandatory cover.



(5) the postal operator is obliged to notify the executor on

his written request, the data needed to conduct the execution, in particular the identity of the

people who rent a post office box or other delivery

places data on the number of incoming postal items there and their

odesilatelích, the sum of funds of compulsory

through the postal service or the postal

bin and the identity of the recipient of the mail stored in

provider of postal services.



(6) electronic communications service providers are required to notify the

impose on his written request, telephone, telex and telefax

the station used the compulsory and the information about them, if they are not listed in the

publicly available lists.



(7) an insurance undertaking shall be obliged to notify the executor at his written request,

payment of the insurance claims in favour of the principal.



(8) the print Publishers are required to notify the executor on his written

request the name of the person who has submitted to the publication of the advertisement, which relates to the

the management of the property of the debtor, and was published under the brand name.



(9) the carriers and shippers are required to notify the executor on his

the written request of the sender and the addressee of cargo transported, as well

as details of the goods, if it is necessary to conduct the execution.



§ 33a



(1) the Ministry of the Interior or the police of the Czech Republic provides for the

bailiffs execution needs



and data from Basic) reference population register,



(b)) the data from the agendového information system of the population register,



(c)) the data from the agendového information system for foreigners,



(d) the data from the registry) of the social security numbers of natural persons, which was

assigned a social security number, but they are not kept in information systems

referred to in subparagraphs (a) (b)) and (c)).



(2) Information Provided pursuant to paragraph 1 (b). and) are



and last name)



(b) the name or names),



(c) the address of the place of stay)



(d)) of the date, place and County of birth; for the data subject, who was born in

abroad, the date, the place and the State where he was born,



(e)) of the date, place and County of death; in the case of the death of the data subject outside the territory

The Czech Republic, the date of death, place and the State on whose territory the death

has occurred; If the decision of the Court on the declarations for the dead, the day

that is the decision given as the day of death or the day that the body

data declared dead survived, and the date of the entry into force of this

the decision,



(f) citizenship, where applicable) more state citizenship.



(3) Provided the information referred to in paragraph 1 (b). (b))



and, where applicable, names) the name, surname, or their amendment, native

the last name,



(b) the date of birth),



(c) gender and its change),



d) place and district of birth; for a citizen who was born abroad, the place and the

State on whose territory the birth has occurred,



(e) a social security number),



f) citizenship,



g) address of the place of residence, including the previous permanent addresses

stay,



(h) the onset of permanent residence), where appropriate, the date of cancellation of the data on the place of

permanent residence or the date of their permanent residence on the territory of the Czech

of the Republic,



and enabling the Treaty) the approval or the representation of a member of the household

including court, which approved the contract or representation, restrictions

mom,



(j)), marital status, date and place of marriage changes,



the social security number of spouse); If the husband is a foreigner who does not have an assigned

social security number, his name, where applicable, the name, the surname of the husband, and the date of its

birth,



l) day, which was in the decision of the Court declaring the missing listed

as the day when the effects of the Declaration of the nezvěstnosti occurred, and the date of acquisition

the decision of the Court on the declarations for the missing,



m) date, place and County of death; in the case of the death of a citizen outside the territory of the Czech

Republic, the date, place and the State on whose territory the death occurred,



n) day, who was in the Court decision on the Declaration for the dead mentioned

as the day of death or the date on which the citizen declared dead survivors,



about) name, or name, last name and social security number of the father, mother,

where appropriate, other legal representative or guardian; in the event that the

one of the parents or other legal representative or guardian has

assigned a social security number, name, or first name, last name, date of

the birth; If other legal representative or guardian of the child

a legal person, the name and address of the registered office.



(4) the information Provided under paragraph 1 (b). (c))



and, where applicable, names) the name, surname, maiden name, change



(b) the date of birth),



(c) gender and its change),



(d) the place and State of birth),



(e) a social security number),



f) citizenship,



g) type and the address of the place of stay,



h) number and permission to stay,



and the beginning of the stay, if applicable), date of cancellation of the stay, the data



j) restrictions, mom,



k) administrative or judicial expulsion and the period for which it is not admitted

on the territory of the Czech Republic,



l) marital status, date and place of its changes, the name, or names,

the husband's last name, social security number or date of birth,



m) date, place and County of death; in the case of deaths outside the territory of the Czech

of the Republic, the State on whose territory the death occurred, or the date of death,



n) day, who was in the Court decision on the Declaration for the dead mentioned

as the day of death or the date on which the stranger declared dead.



(5) Provided the information referred to in paragraph 1 (b). (d))



and, where applicable, names) the name, surname, maiden name,



(b)) the day, month and year of birth,



c) place of birth; for physical persons born abroad instead, and the State

birth,



(d) the social security number).



(6) data that are kept as reference in the principal registry

the population recovered from the agendového information system registration

of the population or agendového information system for foreigners only if they are

in the shape of the previous status quo.



(7) from the data provided can be used in a particular case only

such information, which are necessary to fulfil that task.



section 33b



In electronic form in a manner enabling remote access for

the needs of the Ministry of Finance of bailiffs execution data from the information

the system ^ 7 g)



and the Government of the Czech Republic citizens) ^ 7 c) to the extent



1. the name, where applicable, the name and surname,



2. social security number



3. the number of the contract



4. the identification number of the person (hereinafter referred to as "identification number") building

the savings banks,



(b)) to the extent the aliens ^ 7)



1. the name, where applicable, the name and surname,



2. social security number



3. the number of the contract



4. identification number of the building society.



§ 33 c



In electronic form in a manner enabling remote access for

the needs of the Ministry of Finance of bailiffs execution data from the information

^ 7i) system for participating ^ set) in the range of



1. the name, where applicable, the name and surname,



2. social security number, and if it is not allocated, the number of insured persons kept in

the registry general health insurance company policyholders ^ 7 k),



3. the supplementary pension insurance contract number,



4. identification number of the Pension Fund.



§ 33d



(1) the Ministry of finance for the purposes of execution provide bailiffs in

electronic form in a way that allows remote access to the data from the

the information system about the participants according to the law governing the supplementary

pension savings ^ 25), and to the extent



1. the name, or names, first and last name,



2. social security number, and if it is not allocated, the number of insured persons kept in

the registry general health insurance company policyholders ^ set),



3. the number of the contract relating to the supplementary pension savings,



4. identification number of the pension company.



(2) the Ministry of Finance records the reason why the provision of the data referred to in paragraph

1. If there is no reason to request the provision of the information referred to in paragraph 1 indicated,

The Ministry of Finance refused to provide information.



section 33e



In electronic form in a manner enabling remote access for

needs execution bailiffs Czech social security administration data from

the register of insured persons about the beneficiaries of pension insurance benefits, to the extent



and social security number) and the registration number of the insured person,



(b) the surname and first name),



(c)) the current address for the payment of pension (pensions)



d) way of payment income (pensions)



(e)) kind of retirement (pensions)



(f)) pension (pensions)



(g)) of the previous enforcement or other deductions from income,



(h) the amount of pension paid) after performing the previous rainfall,



and other beneficiaries) details of income



j) in the case of debtors resident in a foreign State, where pension poukazován,



premiums and contributions to) to pensions paid by protecting children against these

regulations.



section 33f



In electronic form in a manner enabling remote access for

the needs of the Ministry of transport information to bailiffs execution from a central

Register of road transport vehicles in the range



owner (name), registered office and identification number of the person, if the

a legal person or a natural person entrepreneur; name, last name,
social security number, place of permanent or, where appropriate, the address of the authorised stay

places to stay in the granting of asylum, if a natural person),



(b)), unless the operator is at the same time the owner (name, registered office and

the identification number of the person, in the case of a legal person or physical

the person of the entrepreneur; name, last name, social security number, place of permanent or

authorised stay, where appropriate, the address of the place of stay shall, when granting the asylum,

in the case of a natural person),



(c) the distinguishing sign of the State of the road) of the motor vehicle and the trailer

the vehicle, the date of the assignment and removal



(d)) species and category of motor vehicle and the trailer,



(e) the manufacturer of the motor vehicle) road and the trailer, brand

(trade name specified by), vehicle type and trade description,



(f)) date of first registration of the motor vehicle and road trailer

of the vehicle,



(g)) the purpose for which is a road motor vehicle and the trailer

determined,



h) liens stranded on a road a motor vehicle and the trailer

the vehicle.



§ 34



(1) the bailiff may, for the purposes of enforcement proceedings may request the assistance

the third person in accordance with § 33 and you are obliged to provide it free of charge. The person

referred to in section 33, paragraph. 4 to 9, and the commodity exchange, the organizer of the regulated

^ 27 market), central depository and other persons entitled to registration

investment instruments have in providing the right data to cover efficiently

cash expenses incurred.



(2) a third party shall be obliged to provide synergies impose pursuant to section

33, without undue delay, and if it is technically possible, in electronic

form; fail to comply with this obligation, if they are required to an authorized and

subject to replace injury by the creditor or the executor

It will create. If the injury has caused the failure of the State authority,

legal or natural person in the performance of public administration, which they have been

vested, or any local government unit in the performance of State administration, which

He was transferred to it by law or in the performance of local governments, proceed

under special legislation. ^ 8)



(3) a bailiff shall request the Monetary Institute about the synergy data electronically

file and the Monetary Institute synergy electronic data file

provide. Financial institution is not required to provide the executor assistance,

If there is a request for cooperation is made electronically data file or

If he does not set content requirements or if the data file does not have

the fixed format or structure. The Ministry shall determine by Decree the format

and the structure of the data file and the content requirements for an application

synergy.



(4) failure to comply with the obligations referred to in section 33, may save the executor

third persons fined. ^ 9)



(5) the provisions of section 33 to 33e and paragraphs 1 to 3 shall also apply to

the collection of data about the assets of the spouse's compulsory in connection with the implementation of

the execution, which is to pry out of the debt, which belongs to the common property

spouses or for which can lead to the seizure of assets in common equity

the spouses affected by the account debtor's husband for the money of the Institute.



PART 2



Enforcement proceedings



section 35



(1) Enforcement proceedings are initiated upon the proposal.



(2) the enforcement procedure is initiated on the date, when the enforcement proposal out

executor.



(3) the Executor can begin to identify and ensure the property of obligatory

soon thereafter, when the Court issued a mandate under section 43a.



(4) if the authorized more execution proposals in the same case, leads the execution

the bailiff, who is on the register initiated upon written as

the first.



(5) Enforcement proceedings cannot be interrupted, unless this or a special

legal prescription ^ 10) otherwise. Also, you cannot waive the deadline and submit

proposal for the renewal of the enforcement proceedings.



The register initiated foreclosures



section 35a



(1) the registry initiated foreclosures is an electronic list that runs

and administered by the Ministry.



(2) the information in the register instituted upon the Court or bailiff writes

in a manner enabling remote access.



(3) the registry initiated foreclosures is nonsectarian. The Ministry provides

the data from the register instituted only upon the courts and the Chamber, and it

in a manner enabling remote access.



(4) the data held in the register initiated execution of this register

erased after a period of 25 years from the date referred to in the second subparagraph of section 35b. 1 (a). I).



section 35b



(1) the register shall be initiated upon the data in the range



and the designation of the executor), which has been initiated enforcement proceedings,



(b) the designation of the executor), which leads the enforcement proceedings or led, if the

different from the one under (a)),



(c) the designation of enforcement proceedings) brand, under which it is conducted,



(d) the designation of the enforcement order certificate) and the authority which issued it or by the person

that it has produced,



(e) designation of authorized and compulsory),



(f)), which has the designation requirement be enforced executions,



(g) the date of the initiation of the enforcement procedure),



(h)), the date the fact occurred pursuant to § 52 paragraph. 3 (b). and (b)))

(hereinafter referred to as "the implementation of the execution clause"),



I) expiry date of the execution.



(2) the part of the register initiated foreclosures are even operating data

the registration of the data referred to in paragraph 1. The information referred to in paragraph 1 (b). (b)), h) and (i))

entered in the register of the executor.



The participants in the proceedings



section 36



(1) Participants are legitimate and distrainment proceedings required.



(2) a participant in enforcement proceedings is also the husband of compulsory, if the

been suffering from seizure of its assets or the assets in the common equity

the spouses.



(3) against another, than who is marked as required in the decision or in the

benefit other than who is marked as a legitimate decision, you can

lead the execution only if it is proven that it passed the obligation

or passed or was transferred the right of enforcement order.



(4) the Gradient or gradient or conversion rights can be shown only

the Charter issued or certified by a public authority or a notary, ^ 12)

does not result directly from legal regulation.



(5) if it is proved that after initiation of enforcement proceedings occurred legal

the fact that legislation linking the transfer or gradient right

authorised, which in execution proceedings goes to the control instead of the

the existing authorized shall enter its legal successor. The one who

plays in the management of the place of the existing authorized, must accept

the State of the proceedings, what is here at the time of his taking control.



The enforcement proposal



§ 37



(1) Execution can only lead to the proposal of authorised or at the suggestion of who

that it passed or was transferred to the right of the decision referred to in

§ 36 odst. 3 and 5.



(2) Legitimate may submit a proposal in accordance with the enforcement of this Act,



and to comply with the mandatory) voluntarily under an enforcement order under

This law, and



(b)) if not enforceable title decisions on the care of minor children, in

matters of protection against domestic violence, the bodies of the European Union or foreign

the decision; However, you can submit a proposal of execution, the execution is to be

conducted in accordance with the decision on the maintenance of minor children, or by a foreign

the decision, which was issued the Declaration of enforceability by directly

the applicable regulation in the European Union or the international treaty or

decision on recognition.



(3) Further authorized the procedure initiated against the same debtor on the same

the executor before disappearing to the executor of the previous management permissions

execution, associated with the previous execution of the joint control, and from the

the date of submission of the proposal. In the interest of economy of proceedings the bailiff may thing according to the

the first sentence to exclude individual control.



(4) if the enforcement proceedings against the same debtor conducted for more

the executors or initiate further authorised the bailiff's execution for the same

proceedings against the same compulsory enforcement proceedings, this Court will combine on a proposal from the

the mandatory common management,



and if authorized) is a person who was a creditor debtor at the time of

the amount of the debt, or its successor, and the control has not already been

associated pursuant to paragraph 3,



(b)) if the subject individual joined the management of the recovery of the fine

implementation of the nepřevyšujícího amount under section 202, paragraph. 2 of the code of civil

the order and



(c)) where they are kept at least 2 against compulsory enforcement proceedings under

(a)).



(5) in its resolution on merger enforcement, the Court determines that the executor of the proceedings

will lead. Subject to that control, belongs to the compensation effectively

cash expenses incurred for which the Court decides in the resolution about the connection.

In the interest of economy, however, the enforcement court proceedings, if required

the status of these proceedings or proceedings for the merger clearly does not fit.



section 38



(1) in the execution of the proposal must be marked by a bailiff, who has a seizure

lead, with an indication of its headquarters. The proposal must also be evident who it

is that stuff relates to and what follows, and must be signed and dated.

In addition, the enforcement proposal must contain the name, or names, and

the last name of participants, their place of permanent residence ^ 7b), or

stay on the territory of the Czech Republic according to the type of stay of a foreigner ^ ^ 7e 7 d)), and

where appropriate, social security number or date of birth of participants, or business

company or name, registered office and identification number, exact designation

enforcement order, placing the obligation, which is to be enforced, and foreclosures

an indication of whether, or the extent to which the statutory sum to the obligation to
meet, where appropriate, indication of the evidence, which is true.



(2) for the enforcement of the proposal it is necessary to attach the original or certified

a copy of the enforcement order is a confirmation of enforceability

or a copy of a notarial act with permission to enforceability, unless the

enforcement order issued by the Court of execution.



section 39



(1) if the enforcement proposal does not contain all the prescribed requirements or is

incomprehensible or vague, ask at the latest within 15 days of the executor,

which was served on the regulation of the execution, authorized to draft

corrected or added, shall determine the period and instruct him on how it should be

repair or addition make.



(2) if it is not in the specified time limit proposal properly repaired or added and in control

Unable to continue for this lack of or if it is not accompanied by enforcement

the title of the draft resolution, the bailiff enforcement refuses. About these consequences

must be advised.



(3) If not satisfied all the statutory prerequisites for

the management execution and enforcement proposal is not rejected, the bailiff enforcement

draft resolution not later than within the period referred to in section 44, paragraph. 1.



Enforcement order



section 40



(1) the Enforcement title is



and enforceable court decision or) executor, if right,

committed to the obligations or affects the assets,



(b) enforceable court decision) and other authority participating in criminal

proceedings, if the right or property affects,



c) enforceable arbitration award,



(d)) with the permission of the notarial deed drawn up under the special enforcement

the legal regulation of the ^ 13),



e) an enforceable decision and another enforcement order of a public authority,



(f) other enforceable decisions) and approved by the settlements and of the Charter, whose 14 ^ ^)

performance permitted by law.



(2) If an enforcement order does not specify the time limit to comply with the obligations, the

It is considered that the obligations imposed by the enforcement title is to be fulfilled within 3

days and, in the case of the evacuation of the apartment, within 15 days of the decision.



(3) If, under the enforcement order certificate referred to in paragraph 1 (b). and (b)))

or (c) the obligation to fulfil the more mandatory) and with respect to implementation, divisible

that obligation shall apply, unless otherwise provided by an enforcement order, otherwise they are committed

meet all required equally.



(4) the Execution of a court decision on the sale of the collateral can result if

If the designation of the person, authorized and required collateral and the amount of

secured claims and its accessories.



§ 41



Confirmation of enforceability shall affix an enforcement order pursuant to section 40 paragraph. 1

(a). and (c))), e) and (f)), the authority which issued it, for settlements and agreements then

the authority, which is approved.



section 42



(1) before issuing an enforcement order on assets in the common equity

the spouses finds a bailiff, whether it is in the list of instruments of marital

securities scheme administered by the order of registration according to the notarial contract of

matrimonial property regime or of a court decision repealing common

property of spouses, the renewal or the narrowing of the scope of its existing,

or agreement or the decision of the Court about the change of the mode or contracted

decision of the Court-based mode.



(2) when issuing the command execution is the executor shall be based on the content of the

the instruments referred to in paragraph 1, with respect to pry out of the debt obligation arising

After its entry in the List of instruments of the marital property regime or

If the debt obligation arising from pry out before writing to the

The list of instruments of matrimonial property regime and said if

the consent of the legitimate. If you cannot determine from the enforcement order or of the Charter

in accordance with paragraph 1, that the undertaking was created after the registration of the instruments to the list of documents

about the marital property regime, it shall be deemed that the obligation was incurred before the

registration documents to the list of instruments of the marital property regime.



(3) in other cases, you can issue the command execution affecting

assets that do not form part of the common property of spouses only because

legal spouses mode changed.



(4) with respect to pry the debt belongs to the joint property of spouses,

or compulsory debt, for which you can issue the command execution on the assets in the

the common property of the spouses, the commandments can lead the execution of the account receivable

the husband of a mandatory for financial institution.



§ 43



(1) If this is what saves the enforcement debtor, subject to the

compliance with the conditions or the fulfilment of the reciprocal obligations of the authorised or

limited submission time, you can follow the section 44 only if

true, that condition was fulfilled, or that his mutual obligation

against the principal already has met, or is ready to meet it, or that the

It is proven time.



(2) in the cases referred to in paragraph 1 shall be to the

the enforceability of the enforcement order to connect the instrument issued or certified

a public authority or a notary, from which it is evident that the condition was fulfilled,

that fulfilled his obligation of mutual, or it is ready

meet, or that the documented time.



§ 43a



(1) the executor, which reached the enforcement proposal, request the enforcement court

not later than 15 days from the date of receipt of the proposal regarding the credentials and regulation

execution (hereinafter "credentials"). If the proposal does not contain all of the authorized

requirements or is incomprehensible or vague, running up to this period

from the date of delivery of the corrected or supplemented by the proposal, where appropriate,

enforcement order certificate subject. The delivery of the request for credentials to the Court

the register shall be initiated upon the electronic data under section 35b

paragraph. 1 (a). and (c))) to (g)).



(2) in a request for credentials must be marked by a bailiff, the request referred to in

paragraph 1, together with the headquarters. The request must be dated and

must in particular contain the name, where applicable, the name, surname and place of residence

the participants, or the business name or the name, registered office and identification number and

the exact designation of the enforcement order. Part of the request for credentials are

information according to § 35b paragraph. 1 (a). and (c))) to (g)). Together with the application

the bailiff of the Court shall forward the proposal and execution of all instruments which the draft

joined. The application, including all documents, which the Court shall be sent, together

with her, must be filed on an electronic form through the

public data networks and electronic applications intended for submission of such

the request; If it is not technically possible, can be sent to the application and the Charter

through the public data network in the data box, or in the

the documentary form.



(3) the Court shall issue the credentials within 15 days, if all the requirements of the law

set assumptions.



(4) contains the Credentials



and the designation of the Court, enforcement)



(b) the designation of the executor),



(c) the designation of the enforcement order certificate) and the authority which issued it or by the person

that it has produced,



(d) the designation of the beneficiary and the obligatory),



e) signature and date.



(5) the credentials is not a judicial decision, and delivered to the participants

the proceedings.



(6) If not satisfied all the statutory prerequisites for

leadership of the execution, the Court shall grant subject to the enforcement proposal

partially or completely rejected or dismissed, or that the enforcement proceedings

stopped. This instructs the executor is bound.



§ 44



the title launched



(1) not later than 15 days from the date of delivery of the mandate under section 43a, paragraph. 3

the bailiff shall send a notice of the initiation of the execution creditor. Compulsory

the bailiff shall send the notification at the latest with the first execution the statement that

He served in the enforcement proceedings; along with the notice shall send the executor

compulsory enforcement proposal, a copy of the enforcement order and challenge under section 46

paragraph. 6. The authorities responsible for the direction of public registers in which the

write a legal person or other institutions or persons

the notification shall be sent, only if this is necessary for the conduct of the execution. If it is in

the land registry registered the ownership right and unless

§ 44a of the compulsory referred to in paragraph 1(b). 5 or of the debtor in accordance with paragraph 4,

If the bailiff decided that the prohibition under section 44a of the paragraph. 1 does not apply

on the culture thing in his possession, notification shall be sent to the cadastral

the Office, in whose territorial jurisdiction the seat of the bailiff, who

notice of initiation of the execution shall be sent. The memorandum is not a decision.



(2) the Notice shall be served on the debtor's own hands.



(3) the notification contains



and the designation of the Court, enforcement)



(b) the designation of the executor), who leads the enforcement proceedings,



(c) the designation of enforcement proceedings) brand, under which it is conducted,



(d) the designation of the enforcement order certificate) and the authority which issued it or by the person

that it has produced,



(e) designation of authorized and compulsory),



(f)), which has the designation requirement be enforced executions, including

the obligation to cover the costs of legitimate and the costs of execution,



g) signature and date,



h) lessons learned according to § 29. 5, section 37, paragraph. 3 and 4, § 44a of the paragraph. 1, § 54, §

55 paragraph. 1 and 2 and article 87, paragraph. 1.



(4) If an obligation Is enforced in gross disproportion to the debtor,

that would be covered by the prohibition under section 44a of the paragraph. 1, the executor before

by sending a notice to the creditor may decide that the prohibition in § 44a

paragraph. 1 only applies to the portion of the property for a reasonable recovery obligations.

This decision shall be sent, together with the notice to the creditor and the debtor.



§ 44a



(1) if the bailiff Decided under section 44, paragraph. 4 otherwise, must not be required after

delivery of a notice to dispose of his property, including real estate and
assets belonging to the joint property of the spouses, except for normal business and

operating activities, meeting the basic needs of their living and

persons, to which the obligation to pay maintenance, and maintenance and property management.

Legal acts, which violated the obligation of mandatory, is invalid.

Legal acts shall be considered valid if the invalidity of the objection

raises the executor, true, logged-in or for the lender to ensure

satisfy to be recovered. The legal effects of an objection

the invalidity occurs from the effectiveness of the rule of conduct, if the enforcement

command or another manifestation of the will executor, beneficiary, or logged on

the lender all participants legal negotiations, to which the executor, true

or logged in the creditor argued the invalidity.



(2) if required by the executor of the amount in the amount to be recovered,

the cost of execution and cost legitimate executor of the proposal for the mandatory

cancels the decision the prohibition referred to in paragraph 1 and in accordance with § 47 odst. 6. The executor

issue a decision referred to in the first sentence within 7 days from the date at which he was

served to the mandatory, and shall send it to the participants of the proceedings and

other persons to whom they were delivered in the context of the execution of execution orders

According to § 49 paragraph. 7. the decision not to appeal

the permissible.



(3) on the proposal for a compulsory executor may decide that the ban

referred to in paragraph 1 and in accordance with § 47 odst. 6 does not apply to property which

in the proposal, said mandatory if required at the same time showing that his

the remaining assets clearly and undoubtedly is sufficient to pay the sum to be

accounts receivable, including the cost of legitimate and the costs of execution.



(4) with the written consent of the executor, beneficiary and all submitted

creditors may be required for payment to be recovered, the

Accessories, cost of execution or cost authorized monetize assets

or components of property, are not affected by another

^ executions 16a), at least, however, normal price recorded on the basis of the

the expert opinion when signing the contract due to the executor.



(5) paragraph 1 shall not apply if the mandatory State or territorial

self-governing unit.



section 44b



Change the executor



(1) on the proposal for a legitimate and agrees with the executor, who leads the

execution, and executor, which authorized marks in design,

the seizure of the executor, called in the proposal which authorized. The takeover of the execution

It is not a decision.



(2) if there is no executor of the change referred to in paragraph 1 and request

the legitimate enforcement of the amendment, the court bailiff, enforcement court representation

executor, if it is justified, it shall decide that the seizure will lead another

the executor, which suggests the true, and the bailiff who seized so far

led him to refer the case.



(3) the effects of the initial enforcement proposal authorized remain preserved.



(4) the new executor makes a change the data according to § 35b paragraph. 1 (a). and) or

(b)) in the register initiated foreclosures and decides to use to cover the costs

execution on the cost incurred by the execution. Remuneration of the bailiff, who

the execution still led, is calculated so as to stop the execution.



(5) the costs incurred in connection with the execution by changing the executor according to the

paragraph 1 shall be borne by the legitimate.



section 45



Substantive and territorial jurisdiction of the Court of enforcement



(1) the competent court is the Substantive enforcement District Court.



(2) the locally competent enforcement court is the Court in whose district has

required, if a natural person, the place of his permanent residence ^ 7b)

where appropriate, the place of residence on the territory of the Czech Republic according to the type of stay

a stranger ^ ^ 7e 7 d)). If required by a legal person, is the locally competent

the Court, in whose district has a mandatory seat. If not required, which is

a natural person in the Czech Republic, the place of residence or the place of

residence under the first sentence, or if required, which is a legal

person, its registered office in the Czech Republic, is the locally competent court in the

the circuit has a compulsory assets.



(3) if in accordance with paragraph 2 of the locally competent courts, several locally

the competent court, whose name is first in alphabetical, or

numerical order.



section 46



(1) the bailiff in the execution quickly and efficiently; It shall ensure the protection of the

the rights of the parties to proceedings and third persons concerned by the procedure.



(2) the bailiff shall be even without the draft acts towards the implementation of the execution.

The executor runs the execution until the claim and its accessories

or other enforcement duties to be recovered, the costs and the costs of execution

authorized; the execution will be carried out. The acts and decisions of the executor and

the enforcement court are recorded in the enforcement docket, who leads the executor

in paper or in electronic form.



(3) a bailiff is obliged to lead the execution, in the order in which they were delivered

enforcement proposals.



(4) the Financial implementation of the sum shall be paid subject to the obligation, or

authorized. Unless the executor and true otherwise, the executor, after

expiry of the period referred to in paragraph 6 shall ensure that after deducting the costs of execution

the payment of the whole of the sums authorized claims within 30 days from the time when

the performance received in cash. Partial implementation of the bailiff shall pay the sums

the creditor, unless otherwise, within the same period, when

This partial implementation of the unpaid amount exceeds $ 1,000. For recovered

the performance is considered the implementation of the execution gained from any of the

methods under section 59 paragraph. 1 execution referred to in paragraph 6 or

the sum to be paid on the obligation from the expiry of the period referred to in paragraph 6 and

the issue of enforcement of a command to perform a execution under this enforcement

the command.



(5) the Executor is obliged to act to keep separately recovered from

own funds in a special account ^ 31) at a bank or savings and

credit cooperatives in the Czech Republic. The bailiff shall, without undue

Grace Ministry and Chamber of this account number and financial institution,

which is maintained.



(6) the bailiff shall send, together with the principal begins when the challenge to meet the

duties to be recovered, in which calculates the imposed by the claim, and an advance on the reduced

the cost of execution and cost ^ 16b). At the same time compulsory learning, that

If, within 30 days from the delivery of the challenge imposed by the claim and pay

the bailiff shall, without delay, issue the backup command to cover the costs of execution.

The legal power of command to cover the costs of execution will be carried out the execution.

The fulfilment of the claim and the amount of the advance reimbursement shall cease the prohibition under section 44a

paragraph. 1 and according to § 47 odst. 6. Otherwise, the executor will carry out the execution.



(7) if the enforcement proceedings under special legislation

broken ^ 16 c) or specific legislation provides that the execution could not be

make ^ 16d), the executor makes no acts implementing the execution,

unless the law provides otherwise. The insolvency administrator or the

the liquidation of the succession to the winding-up of the substance of the bailiff shall issue recovered performance

immediately after the final resolution, which shall decide, after deduction of the costs

execution on the issue of implementation of the insolvency administrator or vymoženého to

the winding-up.



(8) after the end of execution referred to in paragraphs 2 and 6 and section 55 shall send the executor

notification of completion of the execution of all authorities and persons, which in their

the registers (lists), a note about ongoing execution or

which was stored in the seizure of some obligation; the notice is not

by decision. The announcement also marks the execution commands whose effects

the end of the execution, according to § 47 odst. 7 have disappeared. The request shall send the

Notice also the parties without delay.



Command execution



section 47



(1) the executor, after the execution was registered in the register launched

executions, will examine the way in which the execution was conducted, and shall issue or

cancels command execution on the property which is to be affected by the seizure.

Enforcement means the command command to perform a execution of any of the

the methods provided for in this Act. The executor is obliged to in the enforcement

Choose a method of execution of the command, which is not obviously inappropriate,

in particular, due to the disproportionate amount of the debts of the debtor and the prices of the subject, from the

which has to be the fulfilment of the obligations of the compulsory achieved.



(2) the enforcement order has the effects of enforcement in accordance with regulation

Code of civil procedure. According to the enforcement order cannot be seized

do this before



and the end of the period) under section 46 paragraph. 6,



(b) the legal force of the decision on) the proposal to stop the execution, if it was

filed within the time limit referred to in subparagraph (a)),



(c) the implementation of the execution clause) in the register initiated foreclosures

under section 35b paragraph. 1 (a). (h)),



(d) the power of the law enforcement command).



(3) For the purposes of paragraph 2 (a). (d)) is not the execution Act made

to ensure the debtor for the purposes of the disability of such executions.



(4) the Execution on the assets of the debtor, subject to the decision of the

collateral issued in criminal proceedings can be carried out only after the previous

the consent of the competent authority participating in criminal proceedings.



(5) Against the enforcement order is not subject to appeal.



(6) property that is affected by an enforcement order may not required

to convert to another, encumber or otherwise dispose of. Legal

the negotiations, which required violated this obligation is void.



(7) the execution and stopping execution shall cease the effects of all

issued by the execution of commands.



section 48
In a written copy of the execution of the command executor shall



and the enforcement court)



(b) the designation of the executor), who leads the enforcement proceedings,



(c)) and enforcement authority that issued it, or the person who it

has produced,



(d) the designation of the participants, including social security) number of compulsory, if it can be is

to find out,



(e)), which has the designation requirement be enforced executions,



(f)) method to perform execution and account number of the beneficiary or executor

held with the financial institution, account number is needed for the way

the management execution,



(g) the designation of persons to whom) is delivered to the execution command,



(h)), the letter of appeal, the date and place of issue and the signature of the

the executor.



section 49



(1) of the operative part of the enforcement order imposing the payment of an amount of

It must also contain



and indication of against) who has the required entitlement to wages (of the Bill),

with respect to the implementation of the execution of the wages of the debtor



(b) the designation of the Institute and of the money) account number, or other unique

^ identifier 7a), with respect to the implementation of the execution debtor of the receivable

compulsory from an account at financial institution; If multiple accounts are mandatory for

the same financial institution, also the order in which one has to be

recovered debt written off,



(c)), to indicate who has required a different claim (the debtor

compulsory), with respect to the implementation of the execution debtor other receivables

compulsory than money from the account for the Institute,



(d)), to whom the designation has a compulsory law other than those specified under

letters and), b) and (c)), which is an asset and that is not associated with

the person of the debtor and is transferable to another, or the designation of share in

the business of the company or membership in a cooperative designation, if the

perform a execution disabilities other property rights compulsory,



(e)) indicate the things that are to be sold, or co-ownership

share on them, or whether they are to be sold in accordance with all

the act punishable movables with respect to the implementation of the execution sale

movable assets of mandatory or compulsory co-ownership share on

movable things



(f) the designation of the immovable things), which is to be sold to, or affected by, the management

or co-ownership to her, in the case of faggots

selling or managing real or compulsory co-ownership

the share of mandatory on real things,



(g) the designation of the business or part of) the race of a mandatory or compulsory share

as a co-owner of the plant, which is to be affected, with respect to the implementation of

seizure disabilities race or part of the plant to the mandatory or share

mandatory as a co-owner of the plant,



h) series and number of the licence, the holder is required, with respect to

about the execution of the suspension of the driver's licence.



(2) Annex execution referred to in paragraph 1 (b). ) and notification

that the conditions have been met in accordance with § 52 paragraph. 3, with respect to the implementation of

execution of other income paid by the Office work of the Czech

Republic or the Czech social security administration, is a data file,

that contains the information referred to in this statement or enforcement notice.

After receiving the data file, which is annexed to the execution of the command

referred to in paragraph 1 (b). and the Labour Office), the Czech Republic or the Czech administration

social security without undue delay, notify the data subject

file information under section 48 (a). (e)).



(3) Annex execution referred to in paragraph 1 (b). (b)) and the notification of the

that the conditions have been met in accordance with § 52 paragraph. 3, with respect to the implementation of

execution of the commandments of the claim compulsory account at financial institution is

the data file that contains the information listed in this command execution

or notice. After receiving the data file, which is annexed to the

execution referred to in paragraph 1 (b). (b)), the financial institution without

undue delay notify to receive a data file of account numbers and the amount of

the funds, which are subject to the prohibitions under section 304, paragraph. 1 and 3

Code of civil procedure, and the indication referred to in section 48 (a). (e)).



(4) the Ministry shall determine by Decree the format and structure of the data files

in accordance with paragraphs 2 and 3.



(5) the Statement execution on the sale of the collateral must also contain the

indications movable or immovable things, which is to be sold.



(6) in the scope of enforcement order shall be the next ban, statements and

challenges, which according to the chosen method of execution execution must contain

resolution on the regulation of the enforcement of the decision according to the code of civil procedure.



(7) the Execution creditor, the executor command delivers a compulsory and other

persons, which according to the chosen method of execution delivers the resolution on

Regulation of enforcement under the code of civil procedure.



(8) into your own hands with the persons referred to in paragraph 7 delivers in

cases in which according to the method of execution of civil procedure

provides that the service is in your own hands a resolution on regulation performance

decision.



section 50



The synergy of the authorized and compulsory



(1) the bailiff may request the authorised, to propose how to

perform a execution, and called the bill-payer's wages to the mandatory or other

a regular income, compulsory, or a natural or legal

the person against whom the claim is required (the debtor of compulsory) and said

the reason for this claim; with respect to the claim of the account at the financial institution,

legitimate financial institution and account number, or other unique

the identifier for the ^ 7a), out of which the claim is to be written off.



(2) the bailiff if it thinks fit, may summon the compulsory and

invite him to voluntary compliance with the obligations imposed by the enforcement

the title, and to the Declaration of assets of the debtor.



(3) a bailiff is entitled to look into the judicial record of the Declaration on the

assets of the debtor.



section 51



Authorized to impose distraint shall cease, if the



and the enforcement of the Court) the exclusion of the executor,



b) execution has stopped



(c)) the claim, its accessories and execution costs recovered,



(d)) to change the executor under section 44b,



(e)), the Court decided to join the enforcement of execution proceedings, unless

the executor, who will lead the associated control.



section 52



(1) unless otherwise provided in this Act, shall apply to enforcement proceedings

mutatis mutandis, the provisions of the code of civil procedure.



(2) unless otherwise provided by this Act, is entitled to execute the bailiff

all the acts of civil procedure and other laws

When the treaties confer on the implementation of the exercise of the Court's decision, the judges, the executor

or other court staff.



(3) the legal power of the resolution on the regulation of the enforcement of a decision in accordance with the code of civil

judicial procedure in execution proceedings means



and the end of the period) under section 46 paragraph. 6,



(b) a decision on the legal power) of the proposal to stop the execution, if it was

filed within the time limit referred to in subparagraph (a)), and



(c) the legal power of execution).



section 53



cancelled



§ 54



Postponement of execution



(1) a proposal for the postponement of the execution is served by the bailiff, who leads the execution.

A proposal for the postponement of the execution, which does not contain all the particulars or

that is incomprehensible or vague or which are not accompanied by

documents to prove the allegations contained in the draft, the executor declines,

If these deficiencies cannot be factually on the proposal.

The provisions of the code of civil procedure § 43 shall not apply.



(2) To issue a decision on the proposal on the postponement of the execution the executor does not make

any actions towards the implementation of the execution, unless the proposal is

arbitrary or apparently bezúspěšným by the application or defence of rights.

The first sentence shall not apply if the participant in the proposal on the postponement of the same

the circumstances of which have already been decided.



(3) a bailiff shall postpone the execution or the court seized on the proposal for a mandatory

under section 266, paragraph. 1 of the code of civil procedure, then the executor or

the enforcement court shall indicate the period for which the execution be postponed; After this period of time

the executor makes no acts towards the implementation of the execution. After the expiry of the

the period of deferment the bailiff without the proposal continues to perform a execution.



(4) If a postponed enforcement of the bailiff or enforcement order

the enforcement court postpones execution of the execution until the final end of the

the proceedings in which the Court decided to defer the enforceability of enforcement

the title.



(5) if the bailiff lodged in the amount to be recovered,

the cost of a legitimate and the costs of execution, the court bailiff or enforcement on

the proposal to postpone the implementation of the compulsory execution the decision about the

the proposal to stop the execution filed mandatory and decides that the

mandatory is not bound by the prohibition referred to in § 44a of the paragraph. 1 and § 47 odst. 6

from the date of issue of the decision on the postponement. Failing to stop the execution,

apply the security to cover the costs to be recovered, beneficiary and

the cost of execution; otherwise, returns složiteli.



(6) the proposal can enforcement court or bailiff to postpone the implementation of the

the execution, if it can be expected that the execution be stopped.



(7) if the design does not comply with the bailiff on the postponement of execution, it shall, within 7 days

it, together with the enforcement decision document to the Court that the order of

shall decide, without undue delay, at the latest within 15 days.



section 55



Stopping execution



(1) a proposal to stop the execution may submit to the mandatory 15 days from the date of

When he learned of the reason for stopping the execution. The proposal to stop execution
is served by the bailiff, who leads the execution. If the husband of a mandatory

the proposal to stop the seizure under section 262b code of civil procedure,

shall decide on this proposal, the executor on the basis of written documents without

the consent of the beneficiary within 15 days from the date of receipt of the proposal. Does not comply with the

the executor of the proposal, it shall refer the document together with the enforcement in that

the deadline for the enforcement of the Court decision, which shall decide on the proposal.

The provisions of paragraph 3 shall not apply.



(2) a proposal to stop the execution must contain the facts

decisive for the assessment of whether it was filed within the time limit referred to in paragraph 1;

This does not apply with respect to the proposal made at the latest within the time limit under section 46 paragraph.

6. the proposal to stop the execution, which does not contain all the elements

or is incomprehensible or vague or which are not

accompanied by the documents to prove the claims in the proposal or that

was filed late, the executor declines. If it is against such a decision

appeal, the bailiff shall refer the matter to him and to the execution of the order

of the Court.



(3) If a participant shall submit a proposal to stop the execution, the bailiff within 15 days from the

the delivery of the proposal prompts the other participants in the execution, to comment, whether with

agrees, that in the case where does not agree with the submissions of the

contained in the proposal to stop, to design and furnish

documents to prove their allegations. If all participants

Stopping execution agrees, the executor passes the proposal to stop the

execution within 30 days of the expiry of the last period, or from

express delivery, there was previously. If the bailiff fails

the proposal to stop the execution, it shall forward it, together with the enforcement document in

the time limit referred to the enforcement of the Court decision.



(4) the bailiff shall decide on the suspension of execution without the draft, agree to

stopping legitimate. If true, it requests the executor of the

stopping the enforcement court, in deciding under paragraph

5.



(5) to stop the execution, the Court may decide, even without the enforcement proposal.



(6) if the authorized Posts a reasonable advance on the costs of execution, the executor

the execution stops. The bailiff execution does not stop only if they are

conditions for the exemption authorized pursuant to a special legal

Regulation or if it is enforced maintenance for the minor child.



section 55a



The court seized on the suggestion of the participants, if they are not paid the cost

execution.



section 55b



Decision-making of an executor



(1) when deciding the bailiff shall proceed by analogy with civil

Code of civil procedure. Executor in decision-making makes acts in the proceedings on the

the performance of the decision of the Court of first instance.



(2) unless otherwise provided in this law, the bailiff shall be decided by a resolution, which

delivers the parties to the proceedings and other persons, whose proposals and rights

and obligations.



(3) a bailiff shall decide without a hearing, unless the code of civil procedure

otherwise.



(4) If this Act, that the Act is to be made by the bailiff, the time limit

remains, if the Act made in the enforcement of the Court that the filing

shall immediately send the executor.



section 55 c



The appeal against the decision of the executor



(1) against the decision of the executor a party to proceedings may lodge an appeal.



(2) on an appeal against the decision of the regional court, the bailiff shall act in

the circuit operates the enforcement court.



(3) no appeal is permitted against a



and on the draft decision of the executor) on removal of the inventory (section 68

paragraph. 2 and 3),



(b) enforcement),



(c)) the resolution on the amendment or repeal of an enforceable order, or



(d)) to cover the costs of execution.



(4) an appeal may be lodged within 15 days from the delivery of the written copy

the decision by the bailiff, against whose decision the appeal is directed.

It was granted the corrective resolution concerning the scope of the decision, the

This period again from the legal power of amending the resolution.



(5) the provisions of § 201 to 226 of the judicial code shall apply

mutatis mutandis.



(6) the Acts referred to in section 208 to 210a code of civil procedure is the executor,

that after the appeal shall submit to the Executive Board together with the bundle

of the Court.



section 56



The document, in execution proceedings served the bailiff either personally or

through its employees or through public data

network to the data box ^ 16a) or through the operator

the postal service or any other person who carries out the transport of consignments.



§ 57



Reversion to the previous state is in execution proceedings.



TITLE IV



WAYS TO PERFORM A EXECUTION



section 58



(1) the Execution can be carried out only in ways set out in this Act. To ensure the

property to perform a execution can be no more than sufficient to safely

for the payment to be recovered, its accessories, including

Accessories, which is likely to be payable for the duration of

execution, the likely cost of the authorised and the likely costs

execution.



(2) it is not sufficient if one of the ways to perform a execution to meet

legitimate, can be seized in execution proceedings make one more

ways, or even all the legal ways. For the implementation of

execution of multiple or all legal ways you can proceed

at the same time or sequentially. Unless it's the purpose of the execution, the execution

requiring payment of an amount gradually



and the commandment of) account for the financial institution, and is not sufficient to

it, then the debtor spouse's account of the mandatory for the money

the Institute,



(b)) other commandments claims with the exception of receivables from the

supplementary pension or supplementary pension savings, disability

other proprietary rights, of wages and other income, the Administration

real things or the suspension of the driver's licence is not sufficient to

How to perform a execution according to the letters and)



(c) sale of movable assets), the sale of immovable property, which required

not used to living for themselves and their families, disabilities, race, or

commandments of supplementary pension or supplementary

pension savings is not sufficient-the way of the implementation of the execution by the

letters and) and (b)), and



(d) the sale of immovable property), which uses the mandatory housing for themselves and their

the family is not sufficient to perform a execution by way of letters) to (c)).



(3) how to perform a execution shall designate the executor. On the proposal for a mandatory or

his consent to the execution carried out in a different order than the

paragraph 2 (a). and (d)).)



section 59



(1) payment of an amount requiring the execution can be carried out



and deductions from wages and) other income



(b) the debtor of the receivable),



(c)), the selling of movable and immovable property,



(d)) disability race,



(e) the administration of immovable things,)



(f) suspension of the driving licence).



(2) the method of execution than imposing another obligation of payment in cash

the amount is governed by the nature of the obligations imposed. You can perform a execution



and clearing out),



(b)) by removing the things,



(c)) the Division of the common thing,



(d) the carrying out of works and performances).



(3) Seizure by selling the collateral for secured debt can be done

the sale of the pledged movable and immovable property.



§ 59a



The provisions of this title governing the method of implementation of the enforcement proceedings

they have no effect on the exercise of the rights and obligations arising from the agreement

financial collateral arrangements under the conditions laid down by law governing the

financial collateral ^ 24) or comparable conditions of foreign

the law, if the financial collateral has been agreed and was

before submitting an enforcement proposal. This is true even in the case that the financial

ensure it was agreed or was at the date of enforcement of the proposal,

However, after this event occurred, unless the recipient of the financial

the collateral for such facts he knew or had to know and could.



Part 1



Execution deductions from wages and other income



section 60



Unless otherwise provided in this Act, shall apply to the seizure of wages

and other revenue provisions of the code of civil procedure mutatis mutandis

governing the enforcement of wages.



section 61



cancelled



PART 2



The execution debtor claims



section 62



cancelled



section 63



Seizure disabilities other property rights can also be performed disabilities

the share of mandatory as a companion or under in the company or

disabilities Member rights and obligations as a member in the team compulsory

(hereinafter referred to as "disability share partnership in society").



section 64



(1) patents, designs and trademarks, which were compulsory

granted and entered in the patent register, the register

industrial designs or trademarks in the register maintained by the Office of

industrial property (hereinafter referred to as "the authority"), and the licence (consents) to

the use of the invention protected by a patent, the license to use the

an industrial design protected by a certificate and license for use of the trade

the mark, which provided third parties required, the bailiff draws up, as soon as

learning of them. Patent documents and certificates of registration of industrial

the designs and the certificate of registration of trade marks are always casting

executor. In case of doubt, the bailiff's needs or requests from the

The Office report. If necessary, remove them proceed reasonably

According to the provisions on the seizure of removing things.
(2) After completing the bailiff shall communicate to the Office, what kind of patents, industrial designs and

trade marks which were awarded to the principal and that the Office for the

the compulsory enrolled in the patent register or the register of

industrial designs or in the register of trade marks, and what license

(consents) to the use of the invention protected by a patent, license

the use of an industrial design protected by a certificate and license to use the

the trademarks which statutory provided to third parties were drawn up,

When to write, and that required them not from this day

to dispose of. The content of the communication, the Office shall enter in the register, or your patent

the register of industrial designs or in the register of trade marks

conducted in accordance with the specific legislation. ^ 17)



(3) the disposal of the patents (patent documents), industrial designs (certificate of

registration of industrial designs) and trademark (certificate of registration

the trademark in the register) the bailiff cashing in; follows

mutatis mutandis in accordance with the provisions of the sale of seized movable assets. All

rights in the transfer of patents, designs and trade marks,

which otherwise belongs to their owners as a registered principal in

patent register, industrial designs register and the register of

trade marks, shall be exercised by the bailiff for execution.



(4) the amount of the obtained with the proceeds of the sale shall be disposed of as.



(5) for the execution of the rights of the license to use the invention protected

the patent, the rights of the license to use the protected industrial design

the certificate and the rights of the license to use the trademarks which statutory

provided by third parties, shall apply the provisions on the seizure of the commandments

other claims. The enforcement order shall be forwarded to the Office as well.



(6) after the liquidation of the executor of the Patent Office shall inform the transfer,

industrial design and trademark and the licensee of such rights. The Office of the

then make the entry of the transfer in the patent register, the register

industrial designs or in the register of trade marks. If the execution

is stopped, the bailiff shall inform the Office after the decision.



(7) enforcement procedures cannot affect the rights associated solely with the person of the debtor

in particular, the right to paternity.



section 65



Unless otherwise provided in this Act, shall apply to the seizure of the commandments

the claim, mutatis mutandis, the provisions of the code of civil procedure governing the

the enforcement debtor of the receivable.



PART 3



Execution command for the payment of the account at the financial institution



§ 65a



cancelled



PART 4



Execution sale of movable and immovable property



section 66



(1) the bailiff may, without an application to ensure the authorized movable things

He wrote, if it is appropriate and if there is fear of damage or

the losses. Things will take into their secured custody or is deposited with the appropriate

schovatele. To ensure the data cannot be a carrier, on which a mandatory alert

during the inventory of the chattels.



(2) the execution sale of immovable things compulsory executor may

access, only if the documents issued or certified

State authorities, where public documents notary attested that

the real thing is the property of the principal.



(3) the provisions of § 328b paragraph. 4 second sentence of the paragraph and section 336h. 4 of the code of

Code of civil procedure shall apply mutatis mutandis for the executors and the staff of the bailiffs '

offices.



(4) it is not sufficient to cover debts to under section 336n paragraph. 1 of the code of

the judicial code security, executor on the basis of an enforceable

the resolution under section 336n paragraph. 2 of the code of civil procedure without design

initiate enforcement proceedings on the assets of the purchaser.



(5) in the valuation of immovable things, its accessories and individual

rights and faults with the proclaimed things United shall apply according to the normal price

special legal regulation ^ 18).



(6) the obligation referred to in section paragraph 328a. 1 of the code of civil procedure is met

by posting a public decree on the notice board of the bailiff and enforcement

the Court; In addition to this publication can offer to publish the bailiff

through the mass media or publicly

accessible computer network. The obligation to offer applies to institutions,

the founder is the State or a municipality.



(7) the cost of execution shall meet as claims costs in the

the group referred to in section 337c paragraph. 1 (a). and the code of civil procedure).



§ 67



cancelled



section 68



Removal of the inventory



(1) the witness the right to things, which does not allow execution (hereinafter referred to as

"the complainant") may submit a proposal for the removal of the inventory. A proposal from the

may be filed within 30 days from the date on which the applicant learned of the inventory

things, and the executor of that thing in the inventory he conceived. Belated proposal

a bailiff refused.



(2) a proposal for the removal of the inventory of the bailiff shall decide within 15 days

from its delivery. If the proposal was not rejected for tardiness, shall decide

the executor of the proposal on the basis of expert opinions, reports or observations

authorities, natural and legal persons, notarial or bailiffs '

memos and other documents submitted by the applicant together with the proposal.



(3) a bailiff shall always thing of the inventory, if it true.

The bailiff shall always thing of the inventory, if during the execution comes out

it clear that the principal does not belong or not to belong.



(4) an action to the exclusion of things according to § 267 of the ZPO can

the appellant lodged with the enforcement of the Court within 30 days from the notification of the decision

executor, which failed, even if only in part, his timely delivered by design

on removal of the inventory. About the applicant must be the bailiff

advised. Since the submission of the proposal on the deletion of things from an inventory to the end of the

the time limit referred to in the first sentence, and after a period of claim cannot be written, movable

things to sell.



(5) if the bailiff finds the likely claims persons present at the

the inventory, that thing is in the possession of a third party, without delay, the third

the person shall notify in writing the inventorying and instruct her to right to bring

the proposal referred to in paragraph 1.



(6) the application of the person who claims that the thing in the list is conceived in its

property, the bailiff shall communicate the information necessary for the application of the rights under the

of paragraph 1.



(7) if the matter Was secured under section 66 paragraph. 1 removed from inventory or

excluded from the enforcement of decisions, the bailiff thing without undue delay

shall transmit to the applicant on the place where it sure agrees with the

the applicant otherwise. If the applicant does not receive the necessary

synergies in the transmission case, the claimant shall transmit the thing at the headquarters

the executor.



§ 69



Unless otherwise provided in this Act, shall apply to the sale of seized assets

things and immovable property, mutatis mutandis, the provisions of the code of civil procedure

governing the performance of the sale of movable and immovable property.



section 69a



cancelled



PART 5



Seizure disabilities race



section 70



(1) for the execution of the plant or plant part of the disabilities of compulsory may

the bailiff to proceed, only if it is satisfied that a plant or part

the race is the property of the principal.



(2) the bailiff shall designate an Executive Administrator in command of the race.



(3) the provisions of § 338u paragraph. 3 of the code of civil procedure shall apply

Similarly, for the executors and the staff of bailiffs ' offices.



(4) the cost of execution shall meet as claims costs in the

the group referred to in section 338ze paragraph. 1 (a). and the code of civil procedure).



(5) in the valuation of the plant or its parts shall apply according to the normal price

special legislation. ^ 18)



section 71



Unless otherwise provided in this Act, shall apply to the seizure disabilities race

mutatis mutandis, the provisions of the code of civil procedure governing the exercise of the

the decision of the disabilities of the race.



Episode 6



Execution of the suspension of the driver's licence



section 71a



(1) the enforcement order the suspension of the compulsory licence may

the executor issue only if it is in the execution of enforcement arrears

maintenance for the minor child.



(2) the enforcement order shall be forwarded to the registry, which leads the drivers according to the

special legal regulation ^ 32), the creditor and the debtor. Authority,

that leads drivers, registry may not be delivered before command execution

compulsory.



(3) the date of delivery of the execution debtor shall compulsorily be suspended

driving privileges granted under special legislation ^ 32). After

the period of suspension of the licence holder's licence

may not drive a motor vehicle. Execution command is mandatory to

your own hands.



(4) the bailiff shall revoke the suspension of driving licence for command execution,



and if required) to meet basic life needs

and the persons to which the maintenance obligation, necessarily needs its

driving licence, or



(b) pays the required) the arrears of maintenance for the minor child.



Cancellation of the execution of the command executor shall notify the authority, which runs the registry

drivers under special legislation ^ 32).



EPISODE 7



The satisfaction of the rights of the non-implementation of the



section 72



(1) has been issued an executive order for the execution of the works and performances, which may

execute and someone other than the principal, the executor of it to work,

on that point, made for authorized someone else agreed with

authorized otherwise.



(2) the fine imposed in execution of the seizure pursuant to the provisions of section 351
Code of civil procedure is required, always obliged to pay on account

the enforcement court. The fine imposed is recovered by the bailiff without the proposal in the context of the

enforcement proceedings.



(3) the Execution carried out under section 351 of the ZPO can be

stop, even in part, if the amount of the fine does not match the recovered

the obligations or the circumstances of the case.



section 73



Unless otherwise provided in this Act, shall apply to the seizure of imposing different

the obligation to pay an amount reasonably than the provisions of the civil

Code of civil procedure governing the execution of the decision to satisfy the monetary

the performance.



THE HEAD OF THE



THE ESTABLISHMENT OF THE BAILIFF OF A LIEN ON IMMOVABLE THINGS



section 73a



(1) Enforcement procedure for the establishment of the bailiff of a lien on

immovable things compulsory to ensure claims are authorized

launches on the proposal. The proposal for the establishment of the bailiff execution Lien

the law serves legitimate subject.



(2) where a proposal for the establishment of the bailiff lien real estate

things, that is the subject of the registration in the land registry, the executor of the

his administration shall inform the competent land registry office. Execution command to

the establishment of the bailiff Lien has effects even against persons

acquired a culture thing after writing a note that the submission of the proposal on

the establishment of the bailiff of a lien.



(3) with a notice of the initiation of execution to the establishment of the bailiff

the lien is not sent to the principal challenge according to § 46 paragraph. 6.

Notice of initiation of the execution to the establishment of the bailiff of a lien

Instead the lessons under section 37, paragraph. 3 and 4 and article 54 of the lessons according to the

paragraphs 10 and 11. The provisions of § 35b paragraph. 1 (a). (h)), section 37, paragraph. 3 to 5,

§ 44, paragraph. 1 the fourth sentence, § 44a of § 47 odst. 5, § 50, 54, 58 to 73 with

do not apply.



(4) the third person in the framework of the cooperation to receive the information needed to communicate the

lead to the establishment of the bailiff execution lien. The proposal on the

the postponement may be made.



(5) the Statement execution to the establishment of the bailiff of a lien

must also contain the designation of the immovable things, which is to be established

enforcement of lien, or co-ownership to her,

Mark lien creditor data which shall be entered in the register

real estate, marking a secured claim and an indication of the date on which it is

decisive for the order of the bailiff of a lien.



(6) For the order of the bailiff of a lien to the real stuff is

the decisive day, in which the subject out of the enforcement proposal on the establishment of a

the bailiff of a lien; If on the same day subject to more

execution proposals have the same order of pledge. However, if it was for the

the sum receivable previously established statutory or contractual Lien

law, is governed by the order of the ranking of the lien of the bailiff

the lien. With respect to the claim for damages or non-material

the injury caused by the criminal offence or the claim of unjust enrichment

obtained by the criminal offence, if the real thing provided in criminal

the procedure for this criminal act and if the enforcement proposal to establish a

the bailiff of a lien filed in the time when the guarantee referred to in

criminal procedure takes is for order of the bailiff of a lien

the decisive day of the decision to provide the real things

the criminal procedure code.



(7) subject to this Act, the provisions on execution for the establishment

the bailiff lien on immovable things reasonably

the provisions of the code of civil procedure governing the execution of the decision

the establishment of a judicial lien on immovable things.



(8) has no right to reimbursement of the Justified costs. The cost of the execution shall be borne by

subject to legitimate. The bailiff shall not issue an executive order to establish a

the bailiff lien, does not pay the cost of a legitimate execution

According to the order for payment of costs of the execution, which delivers only

authorized.



(9) subject to execution Permission shall cease execution to the

the establishment of the bailiff of a lien.



(10) the Execution for the establishment of the bailiff of a lien is made

the power of the law enforcement command. Execution execution Lien

the right does not perish.



(11) after performing the execution can be filed to halt only to

of the Court.



(12) the enforcement of lien to real things, which is the subject

registration in the land registry, the land registry writes to the

the proposal authorized on the basis of an enforceable order which was

enforcement of lien is established.



TITLE VI OF THE



ANOTHER ACTIVITY OF THE BAILIFF



Part 1



General provisions



§ 74



(1) the bailiff may, in the framework of other activities



and) provide legal assistance authorized or mandatory after release

enforcement order certificate, as well as in the context of enforcement activities and the other

activities,



(b)) to perform authorized conversion of documents according to a special legal

^ Regulation 16a)



(c) the draft instrument and to exercise) any other activity, if so this

the law.



(2) the acts referred to in paragraph 1, the physical and legal person (hereinafter referred to as

"the applicant") ask any executor.



(3) the Executor declines to perform the requested action, if



and this Act contradicts the legal) Regulation,



(b)) the executor, his employee or a person close to them are entitled to

things, or



(c)) has already provided legal assistance to another, whose interests are in conflict

with the interests of the person who asks for legal aid.



§ 75



(1) the bailiff may, in connection with the enforcement, judicial or other proceedings

receive deposit money, documents and other movables, the nature of which

It allows you to.



(2) on receipt of the deposit shall issue to the bailiff, who values,

written confirmation.



§ 76



(1) if the Court instruct the bailiff, the bailiff may perform other activities

in particular, serve court documents and carry out the activity of the Court of

the bailiff under special legislation. ^ 19) in the framework of other

activity executor pursues another activity, lays down special

legal prescription.



(2) the bailiff may also make the movable or immovable things auction on a proposal from the

the owner or the person authorized to dispose of things. While progresses

mutatis mutandis in accordance with the provisions of this Act.



section 76a



On the basis of the credentials of the Court or the Prosecutor discovers the executor

assets subject to the according to the decision issued in criminal proceedings

ensure and personally or through another person performs management

of such assets. When you record the assets progresses the executor

mutatis mutandis, as when recording things taken into custody.



§ 76b



(1) if the applicant does not know the bailiff, he must have his identity proven

a valid official ID card or confirmed the identity of the two witnesses;

If the executor does not know these witnesses in person, he must be their identity

demonstrated a valid official ID card.



(2) the identity of the Witness cannot be a person who is not fully svéprávná,

or a person who cannot read or write. Furthermore, it cannot be a person

close to the applicant and to the person who is involved, and the staff of the

executor, which is required for operations in other activities.



section 76 c



If the applicant's mother tongue is other than the Czech language, the executor of weight

an interpreter. As an interpreter, you cannot add a person close to the applicant or

who is involved.



The notice of reservation of rights through the legal ineffectiveness of negotiations



§ 76d



The bailiff at the request of the lender delivers the notification to creditors of its reservation

rights through the inefficiency of the legal proceedings under a different legal

Regulation (hereinafter referred to as "notice of reservation") to whom the applicant as

This, against whom the ineffectiveness of legal negotiations can reach.



§ 76e



(1) on an application under section 76d the executor draws up a protocol with the participation of the creditor,

which must include



and) place and date of drafting of the Protocol,



(b)) name, surname, date of birth and place of residence of the creditor and, if

the lender of a legal person, its name, the address of its registered office, and

identification number or the registration number or other similar

identifying number, if the legal person, some of them are allocated,

and the name, surname, date of birth and place of residence of its present

the representative,



(c)) name, surname, date of birth and place of residence, to whom it is

notification of the reservation is made and, in the case of a legal person, its name,

the address of its registered office and identification number or the registration number, or

other similar identifying number, if some of the legal person

allocated to them,



(d)) the address to which notice is to be served, if different from the

place of residence or address of the registered office,



(e)) an indication that the announcement was about a reservation taken by the bailiff,



(f) the creditor's signature, fingerprint) the official stamp of the bailiff and his signature.



(2) the bailiff shall send one copy of the log to the creditor.



(3) the Executor is not responsible for the contents of the notification of the reservation.



(4) the bailiff shall send notification of the reservation by the person referred to in paragraph 1 (b).

(c)) within 3 working days from the date of the writing of the Protocol. As soon as the bailiff

It finds that the notification was delivered to this person on the reservation and when

happened, shall communicate this fact to the creditor. If you fail to receive

notification of the reservation pass, shall communicate this fact to the creditor.



§ 76f
(1) a lender may take notice of the reservation to the Protocol on the application referred to in

§ 76d, which shall include



and) place and date of drafting of the Protocol,



(b)) name, surname, date of birth and place of residence of the creditor and, if

the lender of a legal person, its name, the address of its registered office, and

identification number or the registration number or other similar

identifying number, if the legal person, some of them are allocated,

and the name, surname, date of birth and place of residence of its present

the representative,



(c) notification of the reservation), which must have the following elements:



1. name, surname, date of birth and place of residence of the creditor and, if

the lender of a legal person, its name, the address of its registered office, and

identification number or the registration number or other similar

identifying number, if the legal person, some of them are allocated,

and the name, surname, date of birth and place of residence of its representative

on behalf of the creditor's notification of the reservation shall be,



2. name, surname, date of birth and place of residence, to whom it is

notification of the reservation is made and, in the case of a legal person, its name,

the address of its registered office and identification number or the registration number, or

other similar identifying number, if some of the legal person

allocated to them,



3. the designation of the legal acts, in respect of which the lender reserves the right

through its ineffectiveness,



4. the name, surname, date of birth and place of residence of the debtor to the creditor, and

If the debtor is a legal person, its name, the address of its registered office, and

identification number or the registration number or other similar

identifying number, if the legal person, some of them are allocated,



5. the claim of the creditor against the debtor,



6. reservation of rights the creditor through the inefficiency of the legal acts,



(d) the creditor's signature, fingerprint) the official stamp of the bailiff and his signature.



(2) the bailiff shall send a further copy log lenders and more

copies of the Protocol, send to the person referred to in paragraph 1 (b). (c) point 2)

within 3 working days from the date of the writing of the Protocol. Once the bailiff finds

that was a copy of this to the person served and when it happened,

or if you fail to receive notice of the reservation service, the

the fact the lenders.



§ 76g



(1) the one who asks about the Act referred to in section 76d, is required to prove to the executor

your identity card does not know the official, if the executor him personally. In the case of

a legal person shall be obliged to demonstrate its representative, in addition to its

the identity of her existence. Similarly, if the representative of the

legal persons of another legal person. Legal person shall demonstrate their

the existence of a dump from the public register in which is recorded;

If not, proves its existence in some other way, from which

You can judge that there is and also the Declaration of the existence of the person,

that it is acting legally.



(2) if the identity of the subject, where applicable, the existence in accordance with paragraph 1

demonstrated, the executor declines to perform the requested operation.



PART 2



The drafting of the bailiffs ' entries



§ 77



At the request of the executor draws up a writ for certificates of the facts going on

or the State of things, such as the fulfilment of the debt, the State of the immovable property, apartments and

non-residential premises, if they can be proved in the proceedings

before a court or other public authority and if the facts of the plot of the appt.

in the presence of a bailiff or if the executor convinced about the status

things.



§ 78



cancelled



section 79



(1) the writ must contain



Instead, the day), month and year of his writing,



(b)) name and surname of the executor and its registered office,



(c)) the place and time's up or determine the State of things,



(d)) description or the State of things,



e) official stamp the imprint of the executor and its signature.



(2) a writ is a public Charter.



§ 80



cancelled



§ 81



cancelled



section 82



cancelled



section 83



cancelled



§ 84



cancelled



§ 85



cancelled



§ 86



The enforcement records must be stored immediately after drafting in the Office

the executor under the seal.



TITLE VII



THE COST OF EXECUTION AND AUTHORIZED COSTS



§ 87



(1) the costs of execution are the reward of an executor, the compensation at a flat rate of designated or

effectively incurred cash expenses, compensation for loss of time in

the seizure, the replacement for the service of documents, the reward and cost recovery

Plant Manager, and if the executor or administrator of the company tax payer

added value is also the relevant cargo execution of value added tax

the values under special legislation ^ 20) (hereinafter referred to as "cost

the execution "). Refund efficiently incurred travel expenses and compensation for

the loss of time is a load of execution to the above provided for implementing the legal

the code. Effectively incurred travel expenses and loss of time in excess of the

This amount shall be borne by the legitimate executor; must be instructed in the

notice of initiation of the execution.



(2) Authorized the right to reimbursement of the costs incurred to efficiently

the recovery of a claim (hereinafter referred to as "authorized"). The cost of a legitimate

shall be borne by the creditor.



(3) the costs of execution are borne by a mandatory subject.



(4) the costs of execution costs recovered by the bailiff and authorized on the basis of

order to cover the costs of execution, and one of the ways specified in the

execution of the command to perform the execution requiring the payment of a cash

the amounts.



section 88



(1) the cost of execution and the cost of the authorised executor to command specifies the

cover the costs of execution, which delivers a lawful and obligatory.



(2) the payment order execution costs includes



and the designation of the Court, enforcement)



(b) the designation of the executor), who leads the enforcement proceedings,



(c) the designation of the enforcement order certificate) and the authority which issued it or by the person

that it has produced,



(d) designation of authorized and compulsory) including the mandatory personal identification number,

If you can find it,



(e)), which has the designation requirement be enforced executions,



(f) the obligation to refund) the determination of cost, including enumerations and

justification,



(g) the amount of the advance paid) and her statement,



h) date and signature of the executor and the lessons of objections.



(3) any interested party may lodge an objection to the executor of the order 8

days from the delivery. If the executor does not comply with the full range of objections,

It shall forward them without delay to the Court (section 45), that the statement of objections

shall decide within 15 days. Any comments on the objections addressed to the Court

the bailiff, who also delivered the objections lodged.



(4) the decision of the Court of objections shall be forwarded to the creditor, the debtor, and

executor. Objections against the decision of the Court of appeal is not admissible

resource.



§ 89



If the stopping of the execution, the costs of execution, and the costs of participants

the one that caused the stop. In the case of stopping the execution for

nemajetnost compulsory stops at a flat rate or specified functional expenses

subject to legitimate. For the case of stopping the execution for nemajetnost

compulsory can true with the bailiff in advance to arrange the amount of functional

of the expenditure incurred.



§ 89a



(1) If a participant in proceedings was not represented by a representative under section

paragraph 137. 2 of the code of civil procedure, submits the amount of the cash expenses

his or her another representative has the right to replace them in the flat-rate

the amount of the intended special legal regulation. The flat-rate compensation includes

cash outlays of the participant and his representative.



(2) if the participant Represented, who has the right to reimbursement of the costs of the proceedings,

another shortcut than under section 137, paragraph. 2, is the one which has been stored

recovery of these costs, shall be obliged to pay it to the participant.



TITLE VIII



REMUNERATION OF THE BAILIFF



§ 90



(1) For enforcement activities and other activities under this Act belong to the

executor remuneration, reimbursement of cash expenses, compensation for loss of time in

the management execution, a substitute for the service of documents, and if the executor

a payer of value added tax, also the relevant value added tax

under special legislation. ^ 20)



(2) the executor and legitimate may conclude a written contract for the management of

execution, in which they can negotiate the contractual remuneration for conducting the execution. The Contracting

the reward is not a load of execution. This is without prejudice to the right-kutora on

remuneration, reimbursement of cash expenses, compensation for the service of documents and

compensation for loss of time.



(3) unless the execution for the recovery of maintenance, minor, has

executor the right to demand from the beneficiary a reasonable advance on costs

execution. Consumed by the portion of the advance is not refundable and becomes a legitimate

cargo authorized (§ 87 (2)).



§ 91



For the performance of other activities under section 74, paragraph. 1 (a). and) belong to receive

non-contractual remuneration, unless it agrees with the applicant otherwise.



§ 91a



(1) For the performance of the activities referred to in section 76a belongs to impose non-contractual

the reward.



(2) the amount of remuneration referred to in paragraph 1 and the claim for compensation of additional costs

distraint under section 87, paragraph. 1 decide the cost and execution shall be paid

the Court or the Prosecutor, that the performance of the activities referred to in section 76a executor

commissioned.



section 92



Details of the amount and the method of determining the remuneration of cash expenses, compensation for

service of documents and compensation for loss of time provides the Ministry of

by Decree.



TITLE IX OF THE



THE HANDLING OF THE FILES AND THEIR STORAGE



Part 1



Handling files



§ 93



(1) if the files are not completed, must be deposited in the Office of bailiff
so, how to impose, so whenever the control authorities

accessible. If the executor does not have such a file, it must be from a record in

the obvious registry, where the file is located.



(2) Copies, and confirmation from the files stored in the bailiff's Office issued

at the request of the legitimate authorities and the persons executor or the authorised

employee.



Inspection of files



§ 94



(1) the legitimate authorities and persons may inspect the files that are not

stored in the archives of the executor, and take extracts from them; the legitimate

persons may do so exclusively in the bailiff's Office under his supervision

or under the supervision of the designated by the employee. For access to the file shall

in the file executes a record.



(2) at the reasoned request of the legitimate authorities and persons, it is possible to file

send the other executor, in whose Office it is possible to

insight.



(3) the files relating to other activities of the executor can be seen only

the applicant; another person only with his consent. The Ministry may in

connection with the exercise of State supervision to inspect the files relating to

the activities of an executor under section 74, paragraph. 1 (a). (b) without the consent of the applicant).



section 95



(1) the competent authorities are in the scope of its competence, the Ministry,

Chamber of Commerce, authorities active in criminal proceedings, the courts, the public prosecutor's Office,

financial authorities and cadastral offices.



(2) authorized persons are participants in execution proceedings, their legal

successors, representatives of such persons and the expert, if the competent authority

referred to in paragraph 1 for the expert and his duty to ordain

access to the file.



(3) anyone who has a legal interest or has a serious

the reasons, the bailiff at the request of allows peered into the execution file and

that's made the statements or copies thereof, unless it is a file, which

the legislation provides that its contents must remain confidential.



section 96



Lending documents



The executor passes the copy of required documents from the execution file, or

a copy of the entire file on the basis of a written request, the prosecuting authorities in the criminal

proceedings, courts, tax offices, the land authorities and experts.

May not be sufficient to provide copies of documents, or a copy of the whole file, will allow

the executor to persons authorized by those authorities, inspection of the files; only if it is

It's completely necessary, granting them the file. Lending documents to the Ministry of the

covered by section 7 (2). 4 (b). and); Similarly, when submitting

case to court in connection with the decision of the Court in the enforcement proceedings.



§ 97



Reconstruction of the files



(1) the bailiff carries out the reconstruction of the files, which were wholly or in part

destroyed or lost.



(2) the bailiff shall prepare the copies of documents, which borrow from the participants

or by their successors in title, from another one, from the Court, from

authority of the cadastre, or from another institution or by an expert.

These connect your stamp, and a copy of the clause that replaces the destroyed or

the lost instrument.



(3) the Executor may execute the necessary content of the Charter and, in particular,

vyslechnutím participants, or their successors in title, and the contents of the

the Charter shall certify in writing, stating the circumstances of all detected. In

the certificate shall state the contents of the claims of the participants or their legal successors on the

the content of the Charter.



Handling of exekutorskými copies



§ 98



On inspection of the bailiffs ' entries shall apply mutatis mutandis the adjustment referred to in §

94, unless otherwise expressly provided in the Act.



§ 99



(1) the bailiff, granting writ of the Court only, Ministry or

The Chamber at their request.



(2) the bailiff shall base instead of writing his loaned the bailiff

a certified copy of the application, the connection was based on execution

the registration is issued.



(3) if the original registration of the bailiff on loan in accordance with paragraph 1, it may

the executor may issue copies of the certified copy referred to in paragraph-based

2. It shall not apply, if the Court or the Chamber of this issue

suspend.



§ 100



Executor executor under the bonded stores entries in the metal cabinet

separately from the files.



§ 101



(1) the bailiff, who was appointed to the Office, the bailiff

takes into custody of executor executor writes that he died or

that was revoked.



(2) the bailiff, who took over for safekeeping by the enforcement records

paragraph 1 shall be issued by one of the copies, the copies or extracts. On the inspection and

the lease of the bailiffs ' writes, the provisions of the eighth head of the workpiece

the first of this part of the Act.



PART 2



Storage of completed files



§ 102



(1) with the writings of the executor and completed writings that the bailiff had taken over

under section 15, paragraph. 5 (hereinafter referred to as "completed writings"), to store and

safe in the Office of bailiff. After you save the files to their

records subject to the legal provisions valid for the imposition of judicial records.



(2) Completed writings remain throughout the period of performance of the bailiff of the Office

stored in the bailiff's Office.



(3) a more detailed editing of the handling of the files, their safekeeping, management

the registers and other records issued by the Office of law modifies the AIDS

Chamber of Commerce.



(4) Statements, copies of the completed documents and certificates issued on the written

the request of the legitimate authorities and the persons executor. On the inspection of files and

lending to these files shall apply mutatis mutandis the provisions of title of the eighth part

the first of this part of the Act.



the title launched



section 103



(1) the Chamber takes over stamps, papers and seal the executors, whose

the Office has lapsed, or who were transferred to another district court circuit.



(2) the surrender of the card and stamp, seal the letter.



section 104



cancelled



PART 3



The issue of copies, copies, extracts



§ 105



From the bailiffs ' entries shall be issued copies or copies.



Section 106



(1) Copies of bailiffs ' entries shall be issued to the participants, which

writ applies, unless otherwise specified in writing exekutorském.

Someone else may also be issued if all the participants with the

agrees.



(2) copies of the bailiffs ' entries may be issued to persons, which can be issued

copies. Other persons can be copies of the issue only with the consent of the persons to whom

copies may be issued.



§ 107



(1) a copy of the bailiff must literally correspond with

exekutorským registration. It also contains copies of full powers and other

the annexes of the bailiff of the registration.



(2) a copy of the verification clause of the bailiff of the registration containing the information about the

that copy matches literally with exekutorským, who is

a copy of the specified and when the copy was made. The executor clause

signs and appends the imprint of the stamp of an executor.



section 108



(1) the bailiff can issue the statement. A statement from the bailiff

registration may also cover only some of the separate legal acts or

just some of the facts referred to in exekutorském of the registration. When issuing the

statements shall apply mutatis mutandis to the procedure for the issue of copies.



(2) the Statement referred to in paragraph 1 shall not dispute the contents of the bailiff of the registration,

from which it was issued.



TITLE X



MUNICIPALITIES OF DISTRAINERS



section 109



Chamber of Commerce



(1) the executors is hereby established in the Czech Republic, based in Prague.



(2) the Chamber is an autonomous professional organisation, which brings together

all the executors and leads



list of bailiffs, candidates and legal trainees

. The executor becomes a member of the Chamber at the moment of appointment the bailiff.

Membership in the Chamber lapse citing executor, his death or

the Declaration for the dead.



(3) the Chamber is a legal person. Its income consists of member contributions,

donations and other income. Member contributions are to be paid in the executors

level set by the executors.



(4) the Chamber shall have the following authorities:



and) the Convention,



(b)) the Presidium,



(c)), the President,



(d) the revision Commission)



(e) the Commission) test



(f)) exercise disciplinary Commission



g) Control Commission.



(5) the Chamber may set up advisory bodies.



(6) the term of Office of members of the Chamber shall be three years.



section 110



Tag executors



(1) the Convention is the supreme body of the Chamber.



(2) the right to participate in the Bundestag has every executor.



(3) the Presidium shall convene the Assembly usually once in 2 years. If

request in writing at least one-third of the executors, Revision Commission, the President of the

The Chamber or the Minister is obliged to convene the Parliament Presidium executors to 2

months from the date of receipt of the request.



(4) the Convention is capable of a quorum is present at least by an absolute

the majority of the executors listed in the list of bailiffs.



(5) if it is not able to convene a quorum, Parliament Presidium within 2 months the Convention

new; thus summoned Parliament is capable of ruling, if it is present at least

a third of all the executors listed in the list of bailiffs.



(6) the validity of the resolutions of the Assembly is required the consent of the executors of the majority

present executors listed in the list of bailiffs.



(7) the Convention, in particular



and elect the direct and secret) choice for 3 years from the ranks of the executors members

the Presidium of the Chamber, the Presidium of the Chamber and members of the alternate members of the other institutions

The Chamber of bailiffs and the series refers is, unless otherwise provided in this Act,



(b)) shall consider and approve the report on the activities of the bodies of the Chamber,



(c)), the electoral organization, accepts the trial, disciplinary and desktop order

The Chamber,



(d) repealing or amending resolution) of the Presidium of the Chamber; the law, which repealed

the decision of the Presidium was formed off the brokers or other persons, however, cannot

be without prejudice to,



(e)) and adopts the budget management of the Chamber,
(f) approve the annual height) of the Member's contribution to the activities of bailiffs

Chamber of Commerce, as well as other payments foreseen by this law or orders

The Chamber, where appropriate, establish the principles for the determination of the amount thereof,



(g) approves the amount of the compensation for) the loss of time in the performance of functions in organs

The Chamber, where appropriate, establish the principles for the determination of the amount thereof,



h) establishes funds of the Chamber and approve the rules of their creation and use,



I) approves the provisions adopted by the Presidium of the estates in cases in which the

reserves,



j) shall establish a procedure for the promulgation and the Organization of a selection procedure pursuant to

section 10, ".



to establish a procedure for the management), management and operation of the central registration

executions



l) decides on other matters, which allocates.



(8) to the validity of the test, the disciplinary regulations and Office, as well as to the

the procedure for the promulgation and the Organization of a selection procedure under section 10 is

needs the approval of the Ministry.



section 111



The Presidium Of The Chamber



(1) the Presidium is the governing and executive body of the Chamber.



(2) the Presidium has 5 members and 5 alternates; If the number of members of the Presidium

under a number of specified this law, is entitled to supplement from the ranks of the Presidium

alternate members of the new.



(3) the Presidium of the Chamber elected and dismissed by the President from among its members and

the Vice President of the Chamber.



(4) meeting of the Presidium of the Chamber shall be convened by the President of the Chamber usually once

for the month, at least once every 3 months.



(5) the Presidium of the Chamber membership is incompatible with membership in the revision,

disciplinary or kontroln to the Commission.



(6) the Presidium



and represents, protects and) promotes the interests of the executors,



(b) supervise the activities of bailiffs) and their representatives,



(c) professional education) the executors, candidates, executives and

bailiffs and bailiff ensures publication, study, documentation and

information activities,



(d)) keeps records bailiffs (lists), candidates, executives and

the designated representatives of the executors and performed in the entries and changes to them; a list of the

bailiffs sent by regional and district courts,



e) operate with financial resources of the Association and manages its assets,



(f) organizes the execution of the test) and appoints two-thirds of the members of the test

the Commission, the



g) announces and organizes a selection procedure in accordance with section 10 and shall appoint the members

the selection board,



(h) the Minister and the Ministry) proposals in cases where it provides

This law,



I) convened by the Parliament,



(j) draw up draft regulations), of the electoral code, the test

regulations, disciplinary regulations, Office of the order, as well as to the procedure for the

advertising and the Organization of a selection procedure in accordance with section 10, and submit them to the

the Bundestag for approval,



to be submitted to the Ministry for approval) test regulations, disciplinary regulations and

Office of law, as well as the procedure for announcing and organizing the selection

proceedings under section 10,



l) expressed on draft legislation concerning the activities of the

the executors,



m) establishes the Deputy Bailiff,



n) approved study plan execution tests,



about) professional regulations and adopt all measures necessary to make

to ensure the proper operation of the Chamber,



p) carries out other activities under this Act and shall act in all

other matters under this Act, if the decision is not about them

entrusted to another body of the Chamber.



section 112



The President Of The Chamber Of Commerce



(1) the President of the Chamber of Commerce



and represents Chamber externally and) acts on its behalf in all matters,



(b) devote,)



(c)) shall be convened by the Presidium of the Chamber at least once every 3 months and is governed by its

the negotiations; the Presidium of the Chamber shall convene within 20 days, always, if so requested by at least

one-third of the members of the Presidium of the Chamber or if so requested by the review Commission

The Chamber,



(d)) is entitled to do in the time between meetings of the Executive Board in decision

the scope of the Presidium that kid, and all the measures and

the decisions necessary to ensure the proper functioning of the institutions of the Chamber, which

are not reserved by law or other authority, prosecutors

The Chamber,



(e) on the challenge of the President) proposes disciplinary court bailiffs to list 10

lay judges disciplinary court.



(2) the President shall represent the Vice President of the Chamber.



§ 113



The auditing Commission



(1) the Review Board has five members.



(2) the members of the auditing Commission shall elect from among its members a Chairman and Vice-Chairman

the auditing Commission.



(3) the revision Commission



and reviewing the management of the Chamber and) shall report on the outcome of the

management of the Chamber of bailiffs of the Bundestag; to this end, the review must be

the Commission of the Chamber of Commerce to allow access to all documents of the Chamber,



(b)) expressed on the draft budget of the Chamber,



(c) approve the annual revenue and expenditure account).



(4) the Chairman of the Review Board shall represent the Vice Chairman of the auditing Commission.



(5) the membership of the Audit Commission is incompatible with membership in the Executive Board

The Chamber, with the function of an alternate member of the Presidium of the Chamber and with the membership of the disciplinary

the Commission and the Control Commission.



§ 113a



The Audit Commission



(1) the Audit Commission has 9 members and 5 alternates; If the number of members of the

the Audit Commission under the number laid down in this law, the Audit Commission

entitled to add new members from among the alternates.



(2) the Audit Commission elect from among its members a Chairman and a

Vice-Chairman of the Supervisory Commission.



(3) the Audit Commission



and preparing documents, processes) reports and the proposed measures

complaints to the executors, candidates, executives and other

employees of executors; to that end, the Audit Commission is entitled to

do the investigation in the bailiffs ' offices,



(b)), inspections and recommends measures for the implementation of the Presidium

supervision over the activities of bailiffs and the leadership of the bailiffs ' offices,



c) preventively and educationally, performs analysis and fundamental knowledge of

its activities in cooperation with other bodies of the Chamber proposes to the Executive Board

for publication.



(4) the Chairman of the Supervisory Commission shall be represented by the Vice-President of the Supervisory Commission.



(5) the membership of the Audit Commission is incompatible with membership in the Executive Board

The Chamber, with the function of an alternate member of the Presidium of the Chamber, as well as with membership

in the revision Commission.



section 114



Disciplinary Commission



(1) Disciplinary Commission has nine members, of whom 6 members from the ranks of judges and 3 members of the

among the executors.



(2) members of the disciplinary Commission shall elect from among its members a Chairman and Vice-Chairman

the disciplinary Commission. The Chairman of the disciplinary Commission may be the only judge.



(3) the Chairman of the disciplinary Commission shall be represented by Vice-Chairman of the disciplinary Commission.



(4) disciplinary proceedings shall be held before a three-membered disciplinary tribunal appointed by the

the Chairman of the disciplinary Commission. The disciplinary board shall consist of 2 members of the disciplinary Commission of the

the ranks of the judges and of 1 member of the disciplinary Commission from the ranks of the executors. The Chairman of the disciplinary

the Senate may be the only judge.



(5) the membership of the disciplinary Commission is incompatible with membership in the Executive Board

The Chamber and with the membership of the Audit Commission and the Audit Commission.



(6) the management, decision-making and the activities of the disciplinary Commission shall adjust the Disciplinary Chamber

of procedure.



section 115



The trial Commission



(1) the examination Board has 15 members.



(2) members of the examination Board shall elect from its members a Chairman and a

Vice-Chairman of the Commission trial.



(3) the Chairman of the examination Board shall represent the Commission, Vice-President of the trial.



(4) the executors ' test takes place before the three test appeal

composed of 2 members of the Board from among the executors and 1 member

a test of the Commission from among the judges; the Senate is chaired by the member designated by the Chairman

a test of the Commission.



(5) the management, decision-making and the activities of the Commission shall adapt the test Chamber

the examination regulations.



section 115a



The selection Committee



(1) the selection board has 6 members; 2 members are appointed from the ranks of the judicial

the executors, 2 from among the judges on the proposal of the President of the regional court, in whose

the perimeter is the District Court in whose district the executor should be

appointed, and 2 on the proposal of the Minister from among the staff of the Ministry.



(2) the selection Committee shall designate its Chairperson by lot.



(3) the decision of the selection board, she is taken for them

an absolute majority of its members. In a tie, the proposal shall be deemed

have been dismissed.



TITLE XI



DISCIPLINARY LIABILITY, CANDIDATE AND AS AN ASSOCIATE



General provisions



section 116



(1) the bailiff, the candidate and the clerk are responsible for disciplinary kárně

offence or a serious disciplinary offence (hereinafter referred to as "disciplinary transgressions"). Exercise disciplinary

the responsibility of the executor in accordance with paragraphs 4 and 5 shall not prejudice disciplinary

the responsibility of the candidate or as an associate and exercise disciplinary responsibility of candidate

or as an associate is without prejudice to disciplinary liability.



(2) the Disciplinary deliktem is



and the breach of the obligations, the executor) a candidate or an articled clerk

laid down by law or by order of prosecutors or the Chamber of Commerce,



(b)), which undermines the dignity of the profession of bailiff bailiff

or threatens confidence in an independent, impartial, professional and fair

the performance of enforcement activities, where appropriate, the professional performance of other activities, or



(c)), in which the candidate or a junior interferes with the dignity

the bailiff profession or threatens confidence in the professional exercise of the activities of the

the executor.



(3) Serious disciplinary deliktem is a serious



and the breach of the obligations, the executor) a candidate or an articled clerk

laid down by law or by order of prosecutors or the Chamber of Commerce,



(b)), which undermines the dignity of the profession of bailiff bailiff

or threatens confidence in an independent, impartial, professional and fair

the performance of enforcement activities, where appropriate, the professional performance of other activities, or
(c)), in which the candidate or a junior interferes with the dignity

the bailiff profession or threatens confidence in the professional exercise of the activities of the

the executor.



(4) A disciplinary offence shall be treated as an executor



and the breach of the obligations laid down by law) or the prosecutors

or the resolution of the Chamber of Commerce, or



(b)) negotiations, which undermines the dignity of the bailiff profession or

threatens confidence in an independent, impartial, professional and fair performance

enforcement activities, where appropriate, the professional performance of other activities, committed to

they are an employee of an executor.



(5) For serious disciplinary offence is considered to be the executor and the serious



and the breach of the obligations laid down by law) or the prosecutors

or the resolution of the Chamber of Commerce, or



(b)) negotiations, which undermines the dignity of the bailiff profession or

threatens confidence in an independent, impartial, professional and fair performance

enforcement activities, where appropriate, the professional performance of other activities, committed to

they are an employee of an executor.



(6) Impose a disciplinary offence may save some of those punitive

measures:



written admonishment and)



(b)) public admonition,



(c) a fine of up to Czk 2 500 0000),



(d) appeals from the Office of the bailiff).



(7) the candidate may be a disciplinary offence to save some of these punitive

measures:



written admonishment and)



(b)) public admonition,



(c) a fine of up to 250 000) CZK



(d) revocation of representation).



(8) Koncipientovi can be a disciplinary offence to save some of these punitive

measures:



written admonishment and)



(b)) public admonition,



(c)) to a fine of 50 000 CZK.



(9) For serious disciplinary offence may be subject to disciplinary measures by store

paragraph 6 (a). (b)), and (d)) and a fine of 50 000 CZK to 5 0000 0000 CZK

candidate of the disciplinary measures referred to in paragraph 7 (b). (b)), and (d)) and a fine of from

10 USD to 500 USD and koncipientovi disciplinary measures referred to in paragraph 8

(a). (b)) and a fine of 5 000 to 100 000 Czk.



(10) A disciplinary offence can also save a written admonition and fine

or public censure and a fine. For a serious disciplinary violation can be simultaneously

Save the public censure and a fine. When saving a disciplinary measures

taking into account the fact that the executor, the candidate or the clerk again

committed a disciplinary offence, although he already has been convicted

disciplinary offense.



(11) subject to disciplinary measures, appeal is saved from the bailiff

the Office has been in the last 5 years before the application for the initiation of the

the disciplinary proceedings at least three times been guilty of a serious disciplinary

deliktem, if this fact calls into question the credibility of his

the further continuance in exekutorském professions. The candidate saves the disciplinary

the revocation of the measures represent, if in the last 5 years before

submitting a proposal for initiation of disciplinary proceedings at least three times the legally

convicted of serious disciplinary deliktem if this

challenges the credibility of its further representation of the executor.



(12) if the disciplinary measure was imposed the appeal of the bailiff

the Office shall not be revoked the bailiff for a period of 5 years from the legal power

decision of Appeal appointed bailiff. If it was imposed disciplinary

the appeal of the measure shall be revoked representation candidate for 5

years from the decision on the appeal is appointed as the agent or to be

appointed bailiff. Disciplinary measures public admonition is obliged to

the one who was this disciplinary measures imposed, publish on your own

costs in the national press to 1 month from the date of the decision,

which disciplinary proceedings are terminated; This decision is enforced on the date on which the

disclosed to the public. The content and the form of a public admonition, the Senate shall determine the disciplinary court

in the decision establishing the disciplinary procedure ends.



(13) the income from fines imposed bailiffs is the State budget income,

income from the fines imposed on the candidates and the koncipientům falls.



(14) the liability, candidate or as an associate for disciplinary

misconduct shall expire, if not within 3 years from his committing filed on

the initiation of disciplinary proceedings.



(15) the bailiff shall be exempted from liability for the disciplinary offence referred to in paragraphs 4

and 5, if it is established that all the measures carried out, which, after it can be

reasonably be required in the management of the bailiff of the authority under section 13 (3).

1.



the title launched



section 117



(1) disciplinary proceedings shall be initiated on the proposal, which is called exercise disciplinary action.



(2) the Council shall exercise disciplinary action is entitled to



and) the Minister against any executor, candidate or

koncipientovi,



(b)) the President of the Commission and Chairman of the control Revision Commission in matters

the scope of these by the Commission against any executor, candidate

or koncipientovi,



(c)) the President of the regional court against executor, which is situated in the district

This Court, the candidate or the koncipientovi of the executor or

representatives of the executor,



(d)) the President of the District Court against executor, which is situated in the district

This Court, the candidate or the koncipientovi of the executor,



(e)) the President of the enforcement court against executor, which this execution

leads, against the candidate or koncipientovi of the executor or

representatives of the executor,



(hereinafter referred to as "Disciplinary Prosecutor").



(3) the Disciplinary action must be filed within 3 years of the date when karnej

wrongdoing has occurred.



(4) the Disciplinary action shall contain the name and surname of the executor, the candidate

or an articled clerk, against which the action is brought, its seat, registered office

the executor, in which the candidate or a clerk employed, a description of the deed,

for which it is proposed the initiation of disciplinary proceedings, and marking evidence on

which the application is based. To disciplinary action shall be attached to the evidence the disciplinary

available to the applicant.



Disciplinary proceedings against the applicant and koncipientovi



section 117a



(1) whether the candidate has committed a disciplinary offence or an associate,

and the imposition of disciplinary measures shall act in disciplinary proceedings for each case

established the three-man Disciplinary Chamber.



(2) on the proposal of a member of the Disciplinary Chamber of the Senate, the President or Vice President

Chamber of Commerce, participating in the President of the Chamber, if otherwise in a case, with the consent of

the Presidium of the Chamber shall withdraw the Member of the Disciplinary Chamber, which seriously

has violated his duties or otherwise threaten confidence in proper and impartial

decisions of the Disciplinary Chamber. Extinguished if one of the members of the disciplinary

the Senate, the disciplinary Commission of the Chamber, without delay, shall elect a new Member.



section 117b



(1) on the filing of disciplinary action shall inform the Chairman of the Disciplinary Chamber of the candidate

or an articled clerk, against whom the disciplinary proceedings (hereinafter referred to as "kárně

the accused "), her delivery. Instruct him on the right to choose a representative from among the

the executors, lawyers or comment to the facts which he

blame, and suggest the evidence in his defence. About the initiation of the proceeding

shall be informed whether or not the Minister, if the applicant is not punitive.



(2) Kárně the accused who is not represented by the Senate, appoint a disciplinary

guardian, if it requires the protection of its interests, particularly if the

flawed by reason of a mental disorder or a disease which prevents him properly,

to defend. Guardian shall appoint the disciplinary Senate of executor or lawyer with

their consent.



§ 118



(1) Kárně the accused has the right to comment on all the facts which

He placed blame for, and suggest the evidence in his defence. Kárně

the accused may be represented in the proceedings by the bailiff or attorney.



(2) in a proceeding to examine witnesses, experts and participants, only when the

voluntarily appear and provide testimony.



(3) the Disciplinary Chamber shall make the necessary investigation, in particular

It finds the necessary additional facts and evidence, if they are not listed in the proposal,

and if the documents or other things, affix them to the evidence. Acts,

in the disciplinary proceedings cannot be executed, it shall at the request of

the Disciplinary Chamber and the Chambers of the court costs; to satisfy the request of the Court, unless it is

the Act referred to in the Act illegal. The Court shall take all decisions,

that are necessary to perform the request.



section 119



(1) the disciplinary appeal without oral proceedings the proceedings be suspended if



and disciplinary action) were late or was withdrawn,



(b)) ended up working as an associate for the ratio of the candidate or the executor,



(c) the responsibility of the kárně of the accused) be allowed to lapse for a disciplinary offence,



(d) the accused was for kárně) the deed for the disciplinary proceedings,

been convicted in criminal proceedings.



(2) the disciplinary Senate proceedings, if it considers that the deed, which is kárně

the accused blamed, has characters of a crime, and the matter shall submit to the

the competent authority of the law in criminal proceedings.



(3) the disciplinary Senate aborts the disciplinary proceedings, if, for

the deed for which disciplinary proceedings are initiated against the accused, kárně

leading the prosecution.



(4) the disciplinary Senate continues in the proceeding, if the body active in criminal

management decided otherwise than in accordance with paragraph 1 (b). (d)).



(5) if the disciplinary board Decides about suspension or interruption of the disciplinary

proceedings, the Chairman shall determine the term of an oral hearing and inform

the disciplinary prosecutor, kárně of the accused, and if the representative has the

representative. If the accused is kárně set up by the guardian pursuant to section 117b

paragraph. 2, the date of the oral proceedings shall be communicated only to opatrovníkovi. If you need to

to listen to the witnesses, the Chairman of the Disciplinary Chamber is the summons to the oral

the negotiations.



§ 120
(1) if the Disciplinary Board concluded that candidate has committed a disciplinary

transgressions, decides that it is guilty, and impose disciplinary measures in accordance with § 116

paragraph. 7. If the disciplinary board to conclude that the clerk is guilty of

the disciplinary offence, decides that he is guilty, and impose disciplinary measures

under section 116, paragraph. 8.



(2) if the Disciplinary Board concluded that kárně accused the disciplinary

wrongdoing did not make or cannot prove his disciplinary transgressions, decides

that kárně accused the disciplinary charge discharge.



(3) the disciplinary board disciplinary proceedings if it stops, it turns out one of the

the reasons for cessation referred to in section 119 paragraph. 1 at a hearing.



(4) if the disciplinary board shall exercise disciplinary dismissed or the accused kárně

the charge was, has a candidate or associate, against whom the disciplinary

led control, be entitled to reimbursement of the costs effectively incurred in

the context of the disciplinary proceedings. If the disciplinary proceedings initiated on proposal

the Disciplinary Prosecutor under section 117, paragraph. 2 (a). and), c), (d) or (e)))

candidate or associate, against whom the disciplinary proceedings, be entitled to

compensation to the State. If disciplinary proceedings are initiated upon the proposal of the disciplinary

the applicant, pursuant to section 117, paragraph. 2 (a). (b)), the candidate or the clerk,

against which the disciplinary proceedings, claim for compensation against the Chamber.



(5) the costs of the disciplinary proceedings shall be borne by the Chamber. In the decision referred to in paragraph 1

saves the disciplinary Senate kárně the accused, to pay the costs of the proceedings to the Chamber

set in a lump sum in the disciplinary procedure.



(6) the Chamber replaces the witness finished spending and earnings, which he

arguably, he had walked. The claim is to be applied at the Chamber within 3 days from the

the hearing, otherwise ceases to exist; about the witness must be advised. Replacement of the finished

expenditure and providing rewards to the experts and interpreters shall be governed by the specific

^ law 20b).



section 120a



(1) for the decision of the disciplinary proceedings is crucial in the factual and legal

status at the time when the wrongdoing occurred karnej; later legislation has

apply if it is more favourable for the accused kárně.



(2) the decision of the Disciplinary Chamber shall be in writing and must include a statement and

justification; for the delivery shall apply mutatis mutandis to the provisions of the administrative

regulations on the service of decisions issued in administrative proceedings.



(3) the decision of the Disciplinary Chamber shall be served on the accused and kárně kárnému

the applicants into their own hands. If the kárně accused in the management representative, or

guardian, delivers them a decision instead of kárně the accused. It is further

deliver to the Minister, if the plaintiff was not punitive.



(4) against the decision of the Disciplinary Chamber is not appealable.



(5) the disciplinary prosecutor is entitled to bring an action under the special rule

Code ^ 21) against the decision of the Disciplinary Chamber pursuant to § 120 paragraph. 1 to 3,

If the Administration finds it compelling public interest.



§ 121



Disciplinary proceedings against the executor



(1) unless otherwise provided in this Act, the disciplinary proceedings against the executor

shall apply mutatis mutandis the provisions of the Act on proceedings in cases of judges and

prosecutors ^ 21).



(2) the measures necessary for the performance of the disciplinary measure imposed performs

the Ministry.



§ 122



Suspension of the exercise of the Office of the bailiff



(1) the Minister may suspend the performance of the bailiff Office, subject to

If criminal proceedings are instituted against him for an intentional criminal offence

or for an offence related to enforcement activities, up to the legal

the power of decision.



(2) the Minister shall suspend the performance of the bailiff to receive the Office for

imprisonment, if they are not given the reasons for its

the appeal.



(3) After a period of suspension of the authority of the bailiff may not the executor

exercise experience activities.



(4) against the decision of the Minister to suspend the performance of the bailiff of the Office

You can file a complaint with the Court. ^ 22)



section 123



Deletion of disciplinary penalties



After the expiry of 5 years from the decision on the imposition of disciplinary measures

for the purposes of disciplinary liability for the bailiff, the candidate, or

as a junior, would not be prosecuted for disciplinary transgressions. If the performance of the

the disciplinary measures in the meantime, the disciplinary penalties are not finished zahlazuje

selective enforcement of disciplinary measures.



TITLE XII



SPECIAL PROVISIONS ON THE SERVICE OF



section 124



(1) If a code of civil procedure provides that the Charter is to be posted on the

the official Board of the Court, that this obligation is met by posting on the

official bailiff, unless this Act expressly otherwise.

Obligation to publish the information provided for in Decree law is fulfilled

their publication in a trade journal, ^ 23) if the law does not limit the

on the publication of the information on the notice board of the Court.



(2) If the law stipulates that the decision or instrument to be posted

on the notice board of the Court or on the notice board of the executor, the 10th

on the day after the fly has been served to the participants, who are not subject to

known or whose stay is not known.



TITLE XIII



ADMINISTRATIVE OFFENCES



section 124a



Misdemeanors



(1) a natural person has committed the offence by



and) contrary to section 4 (4). 1 apply the designation "bailiff",

"the bailiff Office" or the derived word forms or other designation

likely to cause a risk of confusion, even if the bailiff does not

the Office,



(b)) in contravention of section 4, paragraph 4. 2 indicates its activities as a "performance

the decision "," execution "or" enforcement activity "or word forms from them

derived or other marking liable to induce confusion,

Although it does not perform compulsory execution enforcement orders on the basis of the law.



(2) for the offence referred to in paragraph 1 may be fine to 200 USD.



section 124b



Administrative delicts of legal entities and natural persons-entrepreneurs



(1) Legal or natural person established by the administrative

tort by



and) contrary to section 4 (4). 1 apply the designation "bailiff",

"the bailiff Office" or the derived word forms or other designation

likely to cause a risk of confusion, even if the bailiff does not

the Office,



(b)) in contravention of section 4, paragraph 4. 2 indicates its activities as a "performance

the decision "," execution "or" enforcement activity "or word forms from them

derived or other marking liable to induce confusion,

Although it does not perform compulsory execution enforcement orders on the basis of the law.



(2) for the administrative offence referred to in paragraph 1 shall be imposed to the 200 000 Czk.



section 124 c



Administrative delicts Chamber



(1) the Chamber is committed misconduct by



and) does not perform oversight over the activities of an executor or above management activities

the Office of the bailiff or the compliance with the obligations laid down

subject to the Act on certain measures against the legalization of proceeds from

crime and the financing of terrorism or the surveillance carried out in violation of the

with section 7 (2). 5,



(b) does not submit to the Department of professional regulations) pursuant to section 8a of the paragraph. 1,



(c)) does not list legal trainees, or leads in contravention of section 20 (2). 1

or 2, the



(d)) as an associate from the list of executives nevyškrtne pursuant to section 22 paragraph 1(b). 1

or removed from the list of executives has not notified pursuant to section 22 paragraph 1(b). 2,



(e)) does not list candidates or lead in the violation of section 24, paragraph. 1 or

3,



(f) shall not issue a licence subject to bailiff), stamp or seal,



(g)) does not impose a representative or a new representative in accordance with section 16 of the

paragraph. 1 and 2, or section 18,



(h) waiver) authority performs Chamber of secrecy contrary to section 31, paragraph.

2,



I organise the enforcement Chamber Presidium) tests in violation of § 115

paragraph. 4 or does not ensure the implementation of the enforcement of the test in accordance with the

the examination regulations issued under section 115, paragraph. 5,



j) does the central register of distraint or her contrary to § 125,



the decision breaks) administration of the Chamber,



l) breach of the obligations laid down in section 8 d of paragraph 1. 3, or



m) does not propose to call of the Chairman of the disciplinary court bailiffs to list 10

lay judges disciplinary court under section 112, paragraph. 1 (a). (e)).



(2) for the administrative offence referred to in paragraph 1 are imposed to



10 0000 0000 Czk), with respect to the administrative offence under (a)), i), (j)),)

or l)



b) 5 0000 0000 CZK in the case of an administrative offence referred to in subparagraph (c)), d), (e)), g),

(h)), or m),



(c)) 1 0000 0000 CZK in the case of an administrative offence referred to in subparagraph (b)), or (f)).



§ 124d



Common provisions on administrative offences



(1) a legal person under the administrative tort does not match, if he proves that

made every effort, that it was possible to require that the infringement of the

a legal obligation.



(2) in determining the acreage of the fine legal person shall take into account the seriousness of the

the administrative tort, in particular to the way a criminal offence and its consequences, and

the circumstances under which it was committed.



(3) liability of legal persons for the administrative offence shall cease, if the

the administrative authority does not start the proceedings about him within 2 years from the date on which it

learned, but not later than 5 years from the day when it was committed.



(4) administrative offences under this law are heard at first instance

the Ministry.



(5) The liability for the acts, which took place in the business of physical

person or in direct connection with it, shall be subject to the provisions of this

the law on liability of legal persons and sanctions.



TITLE XIV



CENTRAL REGISTRATION OF FORECLOSURES



section 125



(1) the Chamber of Commerce leads the central register of executions in which are recorded after

the expiry of the period referred to in section 46 paragraph. 6



and the notification of the initiation of execution), pursuant to section 44,
(b)) to stop and final resolution to the delay of execution,



c) auction issued pursuant to § 336b paragraph. 2 and section 338o paragraph. 2

Code of civil procedure,



(d) notification of the auction of the year) according to § 328b paragraph. 3 the code of civil

of the order.



(2) to the central register of execution shall be entered social security number mandatory,

If it has been allocated. This figure, however, does not provide evidence of or

mention in the statement referred to in paragraph 8.



(3) the central registration of foreclosures is a public list, which is maintained,

operated and maintained by the Chamber of Commerce. Chamber type exposes data from a central

evidence seized in a manner enabling remote access.



(4) the entries in the central records bailiffs, enforcement procedures shall make electronically

is responsible for the executions in a reasonable period of time.



(5) the procedure for the registration and deletion of data in a central repository and for the execution of

its management, operation and administration is governed by Decree of the Ministry.



(6) unless otherwise further, for providing data from the Central

upon the registration Chamber of the Ministry, which shall reward the Decree.



(7) the remuneration referred to in paragraph 6, the Chamber does not belong



and) for providing data referred to in paragraph 1 (b). (c)), and (d)),



(b)) for the provision of information pursuant to paragraph 1 to the Ministry or to the courts.



(8) the Chamber shall issue on request a statement from the central register of distraint or

confirmation that the information in the central register of execution is not

written. Listing and acknowledgement are public documents proving the status of the

registered in the central register of foreclosures for the time that is on them

listed.



TITLE XV



TRANSITIONAL AND FINAL PROVISIONS



§ 126



To launch the activities of the Chamber shall exercise its function of the Ministry

convene the constituting Conference of the executors within 6 months from the date of

the effectiveness of this Act.



§ 127



The Ministry approved the proposal of the Chamber of the disciplinary regulations, Office regulations,

test procedure for test execution and lays down rules for the composition of the

the selection board and the procedure for the promulgation and the organisation of the selection procedure

pursuant to section 10.



§ 128



Higher education faculty of high schools

located on the territory of the Czech and Slovak Federal Republic or their

legal precedent is considered a higher legal education

pursuant to section 9 (2). 1 (a). (b)).



§ 129



The performance of the decision made on the basis of the order of the Court of the regulation

enforcement of decisions issued prior to the effectiveness of this law shall be made

under the still valid legislation; However, if the claim

authorized was not completely satisfied with the agreement, the competent court

submit a proposal for the regulation of execution under this Act.



section 130



(1) where in the special legislation talks about the Court

enforcement of a decision or execution of the decision, shall mean also the execution

in accordance with this Act. Where the specific legislation

talking about the regulation of the enforcement of the decision, shall mean also the management execution

in accordance with this Act.



(2) where, in the specific legislation talks about the costs

the State of execution of a decision on the execution or enforcement of judgments,

This means also the costs of seizure under this Act.



(3) if the exekucemi made under this Act and the power of decision

carried out pursuant to the code of civil procedure affected the same assets,

proceed according to the law, laying down rules for cases

in parallel, ongoing performance decision ^ 16a).



§ 131



The Ministry is authorised to lay down by Decree



and the amount and the method of determination) the remuneration of the bailiff's fee, cash expenses, compensation for

service of documents and compensation for loss of time, including a reasonable amount of

backup,



(b) the flat-rate amount of the refund of the costs) of the party to the proceedings for the purposes of decision making

about the costs in the cases referred to in § 89a,



(c)) and how to determine the remuneration of the managers of the plant and the refund of their finished

expenditure,



(d)) conditions liability insurance for the injury caused by the bailiff

activities under this Act,



(e)) the procedure for registration and deletion of data in a central repository and for the execution of

its management, operation and management,



(f) the procedures for the exercise of enforcement), and other activities for the implementation of the head of the third

to the eighth of this law.



§ 132



After a period of 2 years from the effectiveness of this Act may, with the consent of the Minister

Chamber set off another legal practice in the length of 3 years.



PART THE SECOND



cancelled



section 133



cancelled



PART THE THIRD



cancelled



§ 134



cancelled



PART THE FOURTH



cancelled



§ 135



cancelled



PART THE FIFTH



To change the code of civil procedure



§ 136



Act No. 99/1963 Coll., the code of civil procedure as amended by Act No. 36/1967

Coll., Act No. 158/1969 Coll., Act No. 49/1973 Coll., Act No. 20/1975

Coll., Act No. 133/1982 Coll., Act No. 180/1990 Coll., Act No. 328/1991

Coll., Act No. 519/1991 Coll., Act No. 263/1992 Coll., Act No. 24/1993

Coll., Act No. 171/1993 Coll., Act No. 117/1994 Coll., the Act No. 152/1994

Coll., the Act No. 216/1994, Coll., Act No. 84/1995 Coll., Act No. 118/1995

Coll., Act No. 160/1995 Coll., Act No. 237/1995 Coll., Act No. 247/1995

Coll., the finding of the Constitutional Court No. 31/1996 Coll., Act No. 142/1996 Coll.,

the finding of the Constitutional Court No. 269/1996 Coll., Act No. 202/1997 Coll., Act

No. 227/1997 Coll., Act No. 15/1998 Coll., Act No. 91/1998 Coll., Act

No 165/1998 Coll., the Act No. 326/1999 Coll., Act No. 360/1999 Coll., the award

The Constitutional Court No 2/2000 Coll., Act No. 27/2000 Coll., Act No. 30/2000

Coll., Act No. 46/2000 Coll., Act No. 105/2000 Coll., Act No. 130/2000

Coll., Act No. 155/2000 Coll., Act No. 204/2000 Coll., Act No. 220/2000

Coll., Act No 227/2000 Coll., Act No. 367/2000 Coll. and Act No.

370/2000 is amended as follows:



1. In section 78a is for the word "notary", the words "or exekutorským",

the words "in the presence of a notary" shall be inserted the words "or of the

executor of the "and the words" If the notary "shall be inserted the words" or the Court of

executor ".



2. In section 125, for the word "notary", the words "or execution".



PART SIX



cancelled



§ 137



cancelled



PART SEVEN



Amendment of the Act on banks



§ 138



Act No. 21/1992 Coll., on banks, as amended by Act No 264/1992 Coll.,

Act No. 292/1993 Coll., Act No. 156/1994 Coll., Act No. 83/1995 Coll.,

Law No. 84/1995 Coll., Act No. 61/1996 Coll., Act No. 306/1997 Coll.,

Act No. 16/1998 Coll., Act No. 127/1998 Coll. and Act No. 165/1998 Coll.

is amended as follows:



1. In section 38, paragraph. 3 the dot at the end of subparagraph (g)) be replaced by a comma and

the following point (h)), which read:



"(h)), the bailiff entrusted with execution under the Special

Bill. ^ 9b) ".



Footnote. 9b):



"9b) Law No 120/2001 Coll., on the activities of bailiffs and enforcement

(enforcement procedure) and amending other laws. ".



2. In section 38, paragraph. 5, after the words "paragraph 3 (b). and) "the words" and

(h)) ".



PART EIGHT



Amendment to the Trade Licensing Act



section 139



Act No. 455/1991 Coll., on trades (Trade Act),

as amended by law no 231/1992 Coll., Act No. 591/1992 Coll., Act No.

273/1993 Coll., Act No. 303/1993 Coll., Act No. 38/1994 Coll., Act No.

42/1994 Coll., the Act No. 136/1994 Coll., Act No. 200/1994 Coll., Act No.

237/1995 Coll., Act No. 283/1995 Coll., Act No. 94/1996 Coll., Act No.

95/1996 Coll., Act No. 147/1996 Coll., Act No. 19/1997 Coll., Act No.

49/1997 Coll., Act No. 61/1997 Coll., Act No. 79/1997 Coll., Act No.

217/1997 Coll., Act No. 280/1997 Coll., Act No. 15/1998 Coll., Act No.

83/1998 Coll., Act No. 157/1998 Coll., Act No. 167/1998 Coll., Act No.

159/1999 Coll., Act No. 356/1999 Coll., Act No. 359/1999 Coll., Act No.

360/1999 Coll., Act No. 363/1999 Coll., Act No. 27/2000 Coll., Act No.

29/2000 Coll., Act No. 121/2000 Coll., Act No. 121/2000 Coll., Act No.

123/2000 Coll., Act No. 121/2000 Coll., Act No. 149/2000 Coll., Act No.

151/2000 Coll., Act No. 158/2000 Coll., Act No. 247/2000 Coll., Act No.

249/2000 Coll., Act No. 258/2000 Coll., Act No. 308/2000 Coll., Act No.

362/2000 Coll., Act No. 406/2000 Coll., Act No. 458/2000 Coll. and act

No 100/2001 Coll., is hereby amended as follows:



1. In section 3, paragraph 3. 2 (a). (c)), for the words "patent attorneys" ^ 6) "

the words "and judicial executors ^ 6a)"



Footnote No. 6a):



"6a) Law No 120/2001 Coll., on the activities of bailiffs and enforcement

(enforcement procedure) and amending other laws. ".



2. in annex No. 2 TRADE Group 214-BOUND: the other, for the branch

operation of a travel agency business in the column 2 (a). (b))

the words "complete secondary education", the words "or a complete medium

professional education ".



3. in annex No. 3 FRANCHISED BUSINESS in the Group 314: other, in the field of

business travel offices are in column 2 (a). (c)) before the

the words "full secondary vocational education", the words "the full medium

education or ".



PART NINE



cancelled



§ 140



cancelled



PART TEN



cancelled



§ 141



cancelled



PART ELEVEN



Amendment of the Act on courts and judges



section 142



cancelled



PART OF THE TWELFTH



Amendment of the Act on the use of the national emblem, national flag and other

the symbols of the Czech Republic



§ 143



Act No. 68/1990 Coll., on the use of the national emblem, national flag and

other symbols of the Czech Republic, as amended by Act No. 114/1992 Coll.,

Act No. 358/1992 Coll. and Act No. 68/1993 Coll., is hereby amended as follows:
In section 1 (1). 1 (a). (f)) at the end of words "and judicial executors".



PART THIRTEEN



The amendment of the law on notaries public and their activities



§ 144



Law No 358/1992 Coll., on notaries public and their activities (notarial regulations), in

the text of Act No. 82/1998 Coll., Act No. 30/2000 Coll. and Act No. 370/2000

Coll., is hereby amended as follows:



1. In section 7 (2). 2 the second sentence, after the words "commercial lawyer"

the words "bailiff, judge of the Constitutional Court, Assistant judge

The Constitutional Court or the Supreme Court, and the bailiff of the candidate "and

the word "intern" shall be inserted after the words "the bailiff

MTL ".



2. In article 7 (2). 3, after the words "bar exam", the words ",

experience of the test ".



PART OF THE FOURTEENTH



Amendment of the Act on the legal profession



§ 145



Act No. 85/1996 Coll., on the legal profession, as amended by law No. 210/1999 Coll.,

amended as follows:



1. In section 2 (2). 2 (a). and the word "), after the words" notaries ",

court bailiffs "and in footnote No. 1), the following text:

"The law No 120/2001 Coll., on the activities of bailiffs and enforcement

(enforcement procedure) and amending other laws. ".



2. In section 6 (1). 1 at the end of the sentence before the semicolon is added

"and the executors ' test '.



3. In section 6 (1). 2 at the end of the first part of the sentence before the semicolon the following

the words "and the bailiff, the bailiff's as an associate judge of the Constitutional Court

Assistant judge of the Constitutional Court or the Supreme Court. "



PART FIFTEEN



Amendment of the Act on liability for damage caused in the exercise of public authority

by a decision or incorrect official procedure



section 146



Act No. 82/1998 Coll., on liability for damage caused in the performance of

of public authority by a decision or incorrect official procedure and amendment

Act No. 358/1992 Coll., on notaries public and their activities (notarial regulations),

amended as follows:



1. In section 4, paragraph 4. 1, after the words "as a court Commissioner", the words "and

acts of the bailiff in the execution of enforcement activities, the drafting

bailiffs ' registrations and activities undertaken on behalf of the Court of

under special legislation ^ 3a) ".



Footnote 3a):



"3a) Law No 120/2001 Coll., on the activities of bailiffs and enforcement

(enforcement procedure) and amending other laws. ".



2. In section 4, paragraph 4. 2, after the words "the activities of the notary", the words "and

bailiff ".



PART SIXTEEN



cancelled



§ 147



cancelled



PART SEVENTEEN:



cancelled



§ 148



cancelled



PART EIGHTEEN



Amendment of the Act on public auctions



section 149



Law No. 26/2000 Coll., on public auctions, is hereby amended as follows:



1. In section 22, paragraph. 1 (f)):



"(f)) was a decision by the Court or enforcement authority of public administration

the sale of the lot or part of or issued by a court bailiff

command execution sale the auction item or part ".



2. In section 46 paragraph. 1 the letter g) is added:



"(g)) was a decision by the Court or enforcement authority of public administration

the sale of the lot or part of or issued by a court bailiff

command execution sale the auction item or part ".



PART OF THE NINETEENTH



Amendment of the Act on income taxes



section 150



Act No. 586/1992 Coll., on income taxes, as amended by Act No. 35/1993

Coll., the Act No. 96/1993 Coll., Act No. 156/1993 Coll., Act No. 196/1993

Coll., Act No. 323/1993 Coll., Act No. 42/1994 Coll., Act No. 85/1994

Coll., Act No. 114/1994 Coll., Act No. 259/1994 Coll., Act No. 32/1995

Coll., Act No. 87/1995 Coll., Act No. 118/1995 Coll., Act No. 149/1995

Coll., Act No. 248/1995 Coll., Act No. 316/1996 Coll., Act No. 18/1997

Coll., Act No. 151/1997 Coll., Act No. 209/1997 Coll., Act No. 210/1997

Coll., Act No. 227/1997 Coll., Act No. 111/1998 Coll., Act No. 149/1998

Coll., Act No. 167/1998 Coll., Act No. 333/1998 Coll., Act No. 63/1999

Coll., Act No. 129/1999 Coll., Act No. 144/1999 Coll., Act No. 170/1999

Coll., Act No. 222/1999 Coll., the finding of the Constitutional Court No 3/2000 Coll.

Act No. 17/2000 Coll., Act No. 27/2000 Coll., Act No. 72/2000 Coll.

the Act No 100/2000 Coll., Act No. 103/2000 Coll., Act No. 121/2000 Coll.

Act No. 132/2000 Coll., Act No. 241/2000 Coll., Act No. 340/2000 Sb.

and law No. 492/2000 is amended as follows:



In section 24, paragraph. 2 (a). y) with a dot under point 5 is replaced by a comma and the following

point 6, which including a footnote No. 26 k):



"6. the property to which the claim relates, is affected by the

^ executions 26 k) and on the basis of the results of the implementation of this execution.



26 k) Law No 120/2001 Coll., on the activities of bailiffs and enforcement

(enforcement procedure) and amending other laws. ".



PART TWENTY-



The EFFECTIVENESS of the



§ 151



This Act shall take effect on the first day of the calendar month

following the date of its publication, with the exception of the first head of the third to

the eighth and § 131, which shall take effect on 1 January 2005. September 2001.



Klaus r.



Havel in r.



Zeman in r.



Annex 1



Pattern stamp and seal the executor



Annex 2



The model designation of the bailiff of the Office



Selected provisions of the novel



Article. (II) Act No. 347/2007 Sb.



Transitional provisions



1. The provisions of Section 7a of Act No 120/2001 Coll., as amended, effective from the date of

the entry into force of this Act, shall apply to minor shortcomings in the

enforcement and other activities of the executor or minor lapses in behavior, to

which occurred after the date of entry into force of this Act.



2. The staff of the bailiff performing the work of the bailiff must

meet the conditions referred to in section 27. 3 not later than one year from the

the day when it will be approved by the Minister governing the regulation of the estates of the Chamber

qualifying examination agents of bailiffs.



Article. (II) Act No. 183/2009 Sb.



Transitional provisions



1. If the decision of the Presidium of the invitations to tender published in the official

before the date of entry into force of this law shall apply to this selective

the management of the existing legislation.



2. If the Chamber Suggested the Minister appeal the executor prior to the date

the effectiveness of this law shall apply to the revocation of previous legal

provisions.



3. Unless otherwise provided, shall apply also to disciplinary proceedings

initiated before the date of entry into force of this Act, Act No 120/2001

Coll., as amended, effective from the date of entry into force of this Act. Disciplinary

offense shall be considered and disciplinary measures shall be imposed by the existing

the legislation.



4. If the disciplinary Commission prior to the date of entry into force of this Act

pursuant to section 120 of the Act No 120/2001 Coll., as amended, effective the day of acquisition

the effectiveness of this Act and, if not produced before the date of entry into force of

This written decision or act is not send the accused to kárně

executor or candidate decides on the proposal, again the Supreme Administrative

the Court. Similarly, if the decision of the Presidium of the appeal before the date

the entry into force of this Act under section 121 paragraph. 4 Act No 120/2001

Coll., as amended, effective the date of the entry into force of this Act, and

If not produced before the date of entry into force of this Act, a written

the decision or does not send kárně the accused.



5. If it has not expired before the date of entry into force of this Act, the time limit for

the filing of an appeal against the decision of the disciplinary Commission or if this period has started

run after the date of entry into force of this Act, an appeal shall be submitted to the

The Supreme Administrative Court, if, before the date of entry into force

This Bill is submitted to the disciplinary Commission. For the length of the period of appeal is

apply the existing legislation.



6. On appeal, which has not been decided prior to the date

the effectiveness of this law, as well as the appeal in accordance with section 4, second sentence, the

apply mutatis mutandis the provisions of the Act on proceedings in cases of judges and

prosecutors ^ 21). The boards of appeal shall decide, acting on a

decide in proceedings of judges. If it does not reject the Supreme Administrative Court

appeal, the contested decision is wholly or partially cancelled and myself in the things

shall decide.



7. The Chamber shall surrender the Supreme Administrative Court documents and writings to the management

in accordance with points 3 to 6 in 1 month from the date of entry into force of this Act.



Article. XXIV Act No. 7/2009 Sb.



The transitional provisions of the



If the execution command to perform a execution sale of movable assets and

real estate issued before the date of effectiveness of this law, shall be

execution by the existing legislation.



Article. (II) Act No. 286/2009 Sb.



Transitional provisions



1. Unless otherwise provided, the enforcement order as amended by

effective from the date of entry into force of this Act and for the proceedings initiated

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.



2. for the determination of the substantive and territorial jurisdiction in proceedings which have been

initiated before the date of entry into force of this law, shall apply

the existing legislation.



3. Appeals and objections against the decision of the Court of first instance or

the bailiff's fee, which was issued before the date of entry into force of this Act,

or that was released after the control carried out in accordance with the existing laws,

regulations, shall be dealt with according to the existing laws and decide

regulations.



4. On the proposals on the regulation of execution, suspension and cessation of execution, which
have been submitted before the date of entry into force of this law, shall be decided

According to the existing legislation.



5. Recruitment for the cast of bailiffs ' offices, which have been released

or set up before the date of entry into force of this law, closes the Chamber

not later than 12 months from the date of entry into force of this Act.



6. Disciplinary proceedings initiated before the date of entry into force of this Act

completes the existing legislation.



Article. (IV) Law 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, with the exception of section 33e, 44b, 46, § 49

paragraph. 1 (a). (h)), § 55 c of paragraph 1. 3, section 66 paragraph. 4 and section 69 of Act No.

120/2001 Coll., which shall apply in the version effective as from the date of acquisition

the effectiveness of this Act.



2. The period referred to in section 27. 3 (b). (d)) Law No 120/2001 Coll., in

the texts of the effective date of the entry into force of this law, shall be included and the

the period during which an employee of the Court to exercise the activity of the bailiff.



3. The District Court under section 103, paragraph. 2 Act No 120/2001 Coll., in

the texts of the effective to date of the entry into force of this law, the bailiff led

Archive, within 3 months from the date of entry into force of this Act

Chamber of the stamps, papers and seal the executors, which stores. Completed

the writings, which stores, the District Court executor, which is

the successor to the bailiff, who completed writings led. If it was up to the date of acquisition

the effectiveness of this law, made a written request for a copy of the statement or the

confirmation of the complete file, proceed according to the existing legal

regulations.



4. The enforcement records under section 78 (a). and Act No 120)/2001 Coll., in

the texts of the effective to date of the entry into force of this Act which were drawn up

to the date of entry into force of this law, are the enforcement title even after the date of

the entry into force of this law.



5. The provisions of section, paragraph 116. 11 of the Act No 120/2001 Coll., as amended effective

from the date of entry into force of this law, shall not apply, if the

compliance with the conditions referred to therein, in whole or in part to the date of acquisition

the effectiveness of this Act.



6. If the decision of the Ministry of Justice about the publication of the selection

the management of the publication before the date of entry into force of this law shall apply,

on this selection process the existing legislation.



Article. LII law No 303/2013 Sb.



The transitional provisions of the



The contract for the insurance of liability for injury is the executor is obliged to conclude the

1 year from the date of entry into force of this Act. If the contract is concluded

within the time limit referred to in the first sentence, to the date of the conclusion of this contract met

the premise of the exercise of the activity of an executor under section 11 (2). 1 (a). (b))

Act No 120/2001 Coll., as amended, effective from the date of entry into force of

This law, if the executor has concluded a contract on liability insurance

damage.



Article. IV of Act No. 139/2015 Sb.



Transitional provisions



1. Unless otherwise provided, the enforcement of law and the civil

the rules of court, in the version effective as from the date of entry into force of this law and

for proceedings initiated before the date of entry into force of this Act; legal

the effects of the acts in the proceeding which occurred before the date of entry into force of this

of the Act, shall remain in force.



2. The possibility of Sue to stop enforcement of a decision under section 262b paragraph.

1 of Act No 99/1963 Coll., the code of civil procedure, in the version effective as from the date

the entry into force of this law, shall instruct the bailiff husband compulsory in

proceedings initiated before the date of entry into force of this Act in the

execution of the command, if the command execution is issued after the date of entry into

the effectiveness of this Act.



3. In proceedings initiated before the date of entry into force of this Act

in accordance with § 58 paragraph. 2 Act No 120/2001 Coll., as amended effective

from the date of entry into force of this Act, if in them before the date of

the entry into force of this Act has not been issued enforcement orders

the implementation of the execution debtor, or the debtor of the claim of the husband

compulsory from an account at financial institution.



4. Execution-led the establishment of the bailiff of a lien on the basis

enforcement order issued before the entry into force of this Act

completes the existing legislation.



Article. (IV) Law No 164/2015 Sb.



Transitional provisions



1. Unless otherwise provided, the enforcement of law and the civil

the rules of court, in the version effective as from the date of entry into force of this law and

for proceedings initiated before the date of entry into force of this Act; legal

the effects of the acts in the proceeding which occurred before the date of entry into force of this

of the Act, shall remain in force.



2. In the case of proceedings in which, before the date of entry into force of this

law enforcement command was issued to the commandment of výsluhového

a supplement to the pension contribution, to alleviate some of the grievances caused by

the Communist regime in the area of social, the supplement to the pension or

the special contribution to retirement according to the law governing the valuation of

the participants of the national struggle for the liberation of Czechoslovakia and the creation and

some of the survivors after such execution these revenue affecting

from the date of entry into force of this law on performed by editing

Code of civil procedure for the enforcement of výsluhového

a supplement to the pension contribution, to alleviate some of the grievances caused by

the Communist regime in the area of social, the supplement to the pension or

the special contribution to retirement according to the law governing the valuation of

the participants of the national struggle for the liberation of Czechoslovakia and the creation and

some of the survivors of them, as amended by this Act. The effects of the issued

the enforcement order shall remain in force.



3. In the case of proceedings in which it was prior to the date of entry into force

This Act made an inventory of the movable property, with the range of goods excluded

from execution under the existing legislation.



4. the candidate or koncipientovi can be saved if the complaint to

a slight lack of function or hung in there the little behavior

from the date of entry into force of this Act.



5. In proceedings initiated before the date of entry into force of this Act

in accordance with section 58 of the Act No. 120/2001 Coll., as amended effective before the

date of entry into force of this Act.



2) Act No. 65/1965 Coll., the labour code, as amended.



3A) section 265, paragraph. 2 and 3 of the code of civil procedure.



§ 46 and following Decree No. 37/1992 Coll., on rules of procedure for the district

and county courts, as amended.



4) section 167 of the criminal code.



5) section 4 of Act No. 82/1998 Coll., on liability for damage caused during

the exercise of public power by a decision or incorrect official procedure and on

Amendment of the Act No. 358/1992 Coll., on notaries public and their activities (notarial

regulations), as amended by Act No 120/2001 Sb.



6) section 44 of the Act No. 283/1991 Coll., on the police of the Czech Republic, as amended by

Act No 120/2001 Sb.



7A) of section 2 (2). 3 (b). (h)) Law No 284/2009 Coll., on payments.



7B) Act No. 133/2000 Coll., on registration of population and social security numbers and the

amendments to certain acts (the Act on the registration of inhabitants), as amended

regulations.



7 c) Act No. 40/1993 Coll. on acquisition and dispose of citizenship

The Czech Republic, as amended.



7 d) Act No. 326/1999 Coll., on stay of foreigners on the territory of the Czech Republic and

on the amendment to certain acts, as amended.



7E), Act No. 325/1999 Coll., on asylum and on the amendment of Act No. 283/1991 Coll., on the

The police of the Czech Republic, as amended, (asylum Act),

in the wording of later regulations.



7F) section 13b of Act No. 133/2000 Coll., as amended by law No 53/2004 Sb.



7F) section 22, paragraph. 5 of law no 344/1992 Coll., on the Czech real estate

Republic of (Land Registry Act), as amended.



7 g) of section 9a of the law No 96/1993 Coll., on building savings and State aid

building savings, as amended.



7 h) § 1 (1). 1 (a). (b)), and (c)) of the Act No. 133/2000 Coll., on registration of

population and social security numbers and on amendments to certain acts (the Act on the registration of

inhabitants), in the wording of later regulations.



§ 42 paragraph 7i). 3 of Act No. 42/1994 Coll. on supplementary pension insurance with

State contribution and on amendments to certain acts related to its

the introduction, in the wording of later regulations.



set) section 2 of the Act No. 42/1994 Coll. on supplementary pension insurance with State

contribution and on changes of some acts related to its introduction,

in the wording of later regulations.



7 k), section 27, paragraph. 1 Act No. 592/1992 Coll., on premiums for General

health insurance, as amended.



8) Act No. 82/1998 Coll. as amended by Act No 120/2001 Sb.



9) section 53 of the judicial code.



section 14, paragraph 10). 1 (a). c) of Act No. 328/1991 Coll., on bankruptcy and

the settlement, in the wording of later regulations.



12) § 6 of the law No 358/1992 Coll., on notaries public and their activities (notarial

order).



13) section 71a to 71 c of law No 358/1992 Coll., as amended by Act No. 30/2000 Coll.



14) section 12 of Act No. 328/1991 Coll., as amended.



143a) § 15 of the civil code.



16A) Act No. 119/2001 Coll., laying down rules for cases

in parallel, the ongoing performance of the decision.
16B) section 11 of the Decree No 330/2001 Coll. on remuneration and compensation of

the executor, the reward and the reimbursement of cash expenses and business manager

the conditions of liability insurance for damage caused by the bailiff, in

as amended.



16 c), for example, section 35, paragraph. 2 of the Act No. 216/1994, Coll., on arbitration

and on the enforcement of arbitration awards.



for example, 16d), § 109 paragraph. 1 (a). (c)), section 267, paragraph. 1 of law No. 182/2006

Coll., on bankruptcy and the ways of its solution (insolvency law).



17) Act No. 527/1990 Coll., on inventions, industrial designs and

improvement proposals, as amended.



Act No. 137/1995 Coll. on trademarks as amended

regulations.



18) § 2 (2). 1 Act No. 151/1997 Coll., on the valuation of assets and the change in the

Some laws (law on valuation).



19) of section 45 and following Decree No. 37/1992 Coll., on rules of procedure for the

District and regional courts, as amended.



20) Act No. 588/1992 Coll., on value added tax, as amended by

amended.



20b) Act No. 36/1967 Coll. on experts and interpreters, as amended by law

No 322/2006 Sb.



21) section 66 of the administrative judicial procedure.



22) section 247 and the following code of civil procedure.



23) § 769 of the commercial code.



24) Law No 408/2010 Coll., on financial collateral arrangements.



25) Law No 427/2011 Coll. on supplementary pension savings.



section 37, paragraph 27). 1 of Act No. 256/2004 Coll., on business in the capital

market, as amended by Act No. 230/2008 Sb.



28) section 46 of Act No. 111/1998 Coll., on universities and amending and

supplement other laws (the law on universities), as amended

regulations.



29) section 89 of the Act No. 111/1998 Coll.



30) Law No 111/2006 Coll. on assistance in material need, as amended

regulations.



31) section 41f law No 21/1992 Coll., on banks, as amended

regulations.



32) Law No. 361/2000 Coll., on the road and on the

amendments to certain laws (the law on road traffic), as amended by

amended.