292/2013 Coll.
LAW
Dated 12 September 2013
A special judicial proceedings
Change: 87/2015 Coll.
Parliament has passed this Act of the Czech Republic:
PART ONE
GENERAL PART
§ 1
Introductory provisions
(1) Under this Act shall be discussed and decided by the courts Legal Affairs
prescribed in this Act.
(2) Unless specified otherwise in this Act shall apply to the Civil Procedure Code.
(3) Unless the nature of the individual provisions something else
apply the provisions of this Act, in addition to the Civil Procedure Code.
§ 2
Management provided for in this Act
This law regulates the management
A) to support measures and matters of legal capacity
B) matters of a missing person's death,
C) consent to the intervention in the integrity
D) in matters of admission or holding in institutions
E) on certain issues relating to legal persons and
Trust Fund
F) of the estate,
G) úschovách,
H) amortization schedules,
I) in matters of capital market
J) of the preliminary agreement to conduct an investigation in matters of protection
competition
K) to replace the agreement of representative self-governing chamber to become familiar with
contents of the documents
L) the fulfillment of obligations from preliminary injunction
European Court of Human Rights
M) in matters of election workers
N) a judicial sale of the collateral,
O) on the prohibition of exercising the rights associated with participating securities
P) in matrimonial matters and partner,
Q) concerning the protection against domestic violence
R) the determination and denial of parenthood,
S) in matters of adoption,
T) in matters of custody court for minors,
U) in some cases enforcement.
§ 3
Substantive jurisdiction
(1) For the first instance the relevant district courts
unless the law provides otherwise.
(2) Regional courts decide as courts of first instance
A) in matters of status of legal persons, including their cancellation and
liquidation, appointment and dismissal of members of their organs or liquidator
changes and questions the status of public benefit
B) in guardianship matters of legal persons
C) úschovách to meet debt provide
Match consideration or compensation more persons on the basis of a court decision under the Act
Business Corporations Act or the Transformation and Cooperatives
(hereinafter referred to as "mandatory safekeeping ")
D) in matters of capital market
E) of the preliminary agreement to conduct an investigation in matters of protection
competition
F) replacing the consent of the representative of the Czech Bar Association or Chamber
tax advisors to become familiar with the contents of the documents.
§ 4
Territorial jurisdiction
(1) The management is competent court of the person in whose interest the proceedings
takes place, unless otherwise provided herein.
(2) The ordinary court of a minor participant who is not fully sui juris
(hereinafter referred to as "minor"), the court in whose jurisdiction the minor is under
agreement between the parents or a court decision or other decisive || | fact his residence.
§ 5
Transfer of jurisdiction
Whenever the proceedings in matters of care for minors court, in matters
guardianship and control of incapacitation circumstances under which assesses
jurisdiction, the competent court may transfer its jurisdiction to another court
if it is in the interest of the minor, guardian or the person on whose
incapacitation is decided. If the court to which it has jurisdiction
transferred, with the delegation does not agree to submit the case
decision if the issue of transfer of jurisdiction has not been
appeal court decided, his superior court; the decision of this court is bound by
court, which transferred jurisdiction.
§ 6
Parties
(1) In proceedings may be initiated even without a proposal, a party
proceedings (hereinafter referred to as "Participant") and the petitioner, whose rights and obligations are to be
in to the proceedings.
(2) The participant is also a draftsman and he whom the law indicates a participant
.
§ 7
Taking up the participant and termination of participation in the management
(1) If one of those whose rights or obligations are to be
to the proceedings, is not participating in the proceedings from its commencement, the court once
Hear about it, it puts on the proceedings as a party.
Against such an order is not appealable.
(2) If the procedure involved, whose rights and obligations
in the proceedings is not, the court order of his participation in the proceedings terminated.
§ 8
Authorization Prosecution
(1) Public Prosecutor may enter the proceedings initiated
A) in matters of adoption, and in part, which is deciding whether
need parental consent to adoption,
B) in the care of juvenile court, if it is to impose special measures
in the upbringing of the child, institutional care, determining the date of birth or
case of a suspension, limitation or deprivation of parental responsibilities | || or the exercise
C) in the case of protection against domestic violence
D) of incapacitation,
E) a declaration of death,
F) determining the date of death,
G) in matters of admission or holding in the institution
healthcare (hereinafter "Health Department") or expressing
inadmissibility holdings in the social services,
H) amortization schedules,
I) on certain issues relating to legal persons.
(2) In cases referred to in paragraph 1. b) to e) and g) may
state prosecutor to initiate proceedings.
§ 9
Amicable
Court leads the parties to find an amicable solution. For this purpose
it informs about the possibilities of extrajudicial conciliation or mediation meetings.
§ 10
Agreement on the subject of the proceedings
(1) If the parties to the agreement on the subject of the proceedings, the court of
writes such action protocol. Until the Protocol has been signed by all participants
, the court disregarded the agreement.
(2) If the agreement referred to in paragraph 1 shall be adopted as a resolution and
participants waived their right to appeal, may not contain resolutions
justification.
§ 11
Service
If the contents of the file by obvious that the party or its representative
of excusable reason understood the documents, the court decides on
ineffective service of the document even without a petition.
§ 12
Precautionary measures
(1) If initiate proceedings of its own motion, may order a free design and
interim measures; It does not apply to the management of the estate.
(2) The writ of preliminary injunction by the court petitioner
so within the period which it determines filed in court to initiate proceedings;
This does not apply if it can be opened proceedings on its own motion.
(3) security deposit to secure damages or other harm that would be caused by the preliminary
measure is not required, if preliminary
measures that the court may order its own motion, in relation to protection against
domestic violence or of maintenance.
§ 13
Initiation of proceedings
(1) Proceedings shall be initiated without a petition, unless the law stipulates that the proceedings can be launched only
to the proposal. The court proceedings are initiated immediately after
aware of the facts relevant to the conduct of proceedings under this Act.
(2) The launch of its own motion, the court shall issue a resolution which delivers
participants into their own hands, unless otherwise provided by law otherwise.
Proceedings are initiated on the date of such order was issued.
(3) The decree to initiate a proceeding on appeal
is not permissible.
§ 14
Initiation of proceedings orally in the
Orally in the form it is possible to make a proposal to initiate proceedings and a proposal for a regulation
enforcement, only in the case of proceedings that may be commenced
motion or case management for permission to marry,
management in the protection against domestic violence, the procedure for the determination and denial
parenting and control in matters of adoption.
§ 15
Ineffectiveness withdrawal of the petition
Taking the petitioner to initiate proceedings back
court may decide on the ineffectiveness of this withdrawal if the conditions for initiating proceedings
own motion.
§ 16
Termination
If the grounds for conducting the proceedings, the court stops the proceedings even without a petition.
§ 17
Exclusion pretrial hearing
Court does preparatory meetings.
§ 18
Other judicial year
(1) if it thinks the court considers appropriate, to prepare and convene a hearing
other judicial year and invite him to parties. In another judicial year gives
Court space for participants to comment on the case expressed, or found their
opinions of other suitable manner. Proving be at another court of
carried out only if it is effective and subject to the nature of things.
(2) The manner, place and other judicial course of the presiding judge determines
measures. Other judicial year may be held outside the courthouse or outside normal working hours
court. From another court of
presiding judge may exclude the public.
§ 19
Negotiations
To discuss the merits of the case the court orders a hearing, unless the law stipulates that negotiations
not be ordered.
§ 20
The proceedings
(1) The court shall determine all facts material to the decision
. It is not restricted to that which is given by the participants.
(2) A participant may indicate the relevant facts and evidence to indicate
release or announcement of the decision. This does not affect the right of a party
state the new facts and evidence in the appeal.
(3) can not be considered that the no-party to act or failure to submit a written statement
court to challenge certain facts considered
proved or admitted that the party entitled to; It does not prevent the court to the participant
invited to submit their comments on certain procedural matters connected with clauses that
No response within a certain time, it will be deemed that the proposal
agrees.
(4) In the proceedings, the participant is a minor who is able to understand
situation, the court proceeds so that the minor received the necessary information about
trial and was informed of the possible consequences of compliance with his opinion
and the implications of the court decision.
§ 21
Proving
The Court also performs other evidence necessary to establish the facts before
participants were proposed.
§ 22
Hearing participant
Hearing participants can be ordered always when the
to determine the facts necessary. Consent of the subscriber is required.
§ 23
Compensation costs
If it has been possible to initiate proceedings of its own motion and in the management of status
in matrimonial matters and partner, has none of the parties the right to
pay the costs depending on the outcome of the proceedings.
Pay the costs may be granted where justified by the circumstances of the case.
§ 24
Sanction measures
Court may be ordered to pay the costs in full or in part to the person who
filed a petition to open proceedings, although they were arbitrary and manifestly unsuccessful
law enforcement.
§ 25
The decision
(1) The court decides on the merits Resolution, unless otherwise provided by law.
(2) In proceedings can not decide judgment for recognition, judgment for
default or payment order.
§ 26
Exceeding the design
Court may exceed the suggestions of participants and attributed to something else or more than
what is at issue, if proceedings could be initiated even without a petition.
§ 27
The binding nature of the judgment
Lawful judgment, ruling on the case status
natural or legal person, is mandatory for everyone.
§ 28
Board of Management
(1) The appeal may be presented new facts and evidence
which were not raised before the Court of First Instance.
New facts or evidence, the appellate court will take into account, even though they were not applied.
(2) If it has been possible to commence proceedings without a petition, the appellate court is not bound
limits within which the appellant seeks review of the decision.
(3) The decision may be reviewed even if the appeal was not over
challenge appeal reason invoked.
§ 29
Action for retrial and nullity
When enabling retrial or annulment of the contested decision
an action for nullity court is not bound by the limits in which
participant seeking review of the decision if it was possible to bring proceedings even
motion.
§ 30
The appeal
(1) The appeal is not admissible against a decision by the head of the fifth part
Two of this Act, unless it is a judgment on the restriction or deprivation
parental responsibility, suspend or restrict the exercise of a
destination or denial of parenthood or irrevocable adoption.
(2) The appellate court is not bound by the scope of appellate review proposals in the cases
which can initiate proceedings without a petition.
PART TWO
SPECIAL SECTION
TITLE
I
PROCEDURES FOR CERTAIN MATTERS RELATING TO INDIVIDUALS
Part 1
Proceedings of the support measures and proceedings concerning legal capacity
Section 1
Management of some support measures
§ 31
Object Management
In the proceedings, the court decides in particular
A) the fulfillment of the conditions in the preliminary statement
B) to amend or repeal the preliminary statement
C) approval of contracts for help,
D) recall proponent,
E) approval of representation by a household member.
§ 32
Initiation of proceedings
(1) The approval of the Treaty of help can be decided only on the proposal
supported or proponent.
(2) The application referred to in paragraph 1 shall be accompanied by the contract for help;
If no agreement is concluded in written form, must be its essential content
caught up in the draft.
§ 33
The proceedings
The case in proceedings concerning the approval represented a household member court orders to hear the case
negotiations only if it suggests a participant or if
necessary.
Section 2
Proceedings of incapacitation
§ 34
Territorial jurisdiction
To control the competent court of the incapacitation of the
decisions. If that person without their consent
placed in the health department or if it is located on the premises specified in § 84, the competent court of
, in whose district the institution.
§ 35
Initiation of proceedings
(1) Application initiating proceedings for reduction or refund of legal capacity may also submit
Health Institute.
(2) The proposal must be clear on what factual and legal reasons
petitioner considers the proposal reasonable and that the use of milder and less restrictive measures
not possible. If he did not instituting proceedings
government agency or medical institution, the court may require the applicant to
to submit an interim report on the mental condition of the person on whose
legal capacity to act (hereinafter referred to as the "assessment" ); unless this period
medical report submitted to the court stops the proceedings.
(3) Application for annulment or alteration of decisions which were decided
restriction of legal capacity may also be made by one who was limited legal capacity.
If, however, the court repeatedly rejected his proposal and can not be expected
improvement of his condition, the court may decide that this right
after a reasonable period, not exceeding a period of 6 months from the date of legal force
this decision is not.
§ 36
Informing of initiation
A copy of the document instituting proceedings or resolution of initiation of
restrictions or return incapacitation of one who is a lawyer, notary
judicial executor, a judge, a prosecutor, the insolvency administrator,
registered mediator, expert or interpreter shall be delivered without delay
also the Minister of justice and the respective chamber.
§ 37
Representation
(1) The court shall appoint a guardian under consideration. That does not preclude a weighted
elected representative and, even without the consent of a guardian.
About that and his other procedural rights and obligations must be considered
advised.
(2) If the actions of the guardian and trustee elected conflicting assess
court that the acts in the interest of the investigation.
§ 38
The proceedings
(1) The court shall hear the investigation, experts, depending on the circumstances attending physician
consideration, his guardian and executes or other suitable
evidence.
(2) The hearing considered, the court may dispense, unless a hearing
at all or without detriment to the health status of the investigation; However, the Court considered
always watches. If judged himself ask to be
hearing, the court will hear him.
(3) On the proposal of an expert court may order that the assessment was for a maximum of four weeks
investigated in a health institution, if it
essential for the medical examination and can not accomplish
otherwise.
§ 39
Assessment milder measures
If the court considers that, given the interests assessment vaného sufficient
milder and less restrictive measures, in the course of the proceedings decide
particular the approval of contracts for the help, approval representation or household member
appointment of a guardian.
§ 40
The decision
(1) The court decides the sentence.
(2) In the judgment which is limited legal capacity, the court shall specify the extent to
What competence assessed separately one ton legally restricted, and
appropriate amount of time the effects of the restrictions persist.
§ 41
Communication of the decision under review
Court take the other measures that the assessment could form a suitable
familiar with the content of the decision and had them available.
§ 42
Cancellation judgment
Court judgment canceled if later it turns out that limiting conditions were
incapacitation.
§ 43
Costs
(1) Costs paid by the state. However the costs of legal representation
, with the exception of a court appointed guardian
management.
(2) If it fair to ask the court grants state compensation against the
whose legal capacity was in control.
Section 3
Proceedings in matters of custody of man
§ 44
Territorial jurisdiction
(1) With the exception of proceedings according to § 46 is a matter for the court in whose jurisdiction the guardianship
residence.
(2) If the guardianship of unknown residence or absent, it is appropriate
court in whose jurisdiction the guardianship estate.
§ 45
Initiation of proceedings
(1) The appointment and dismissal of the guardian of a person whose state of health when she
trusts or in defending its rights creates difficulties, it is possible
decide only on the proposal of this person.
(2) The findings will guardian, who was appointed guardian in accordance with paragraph 1
can be decided only on the proposal guardian.
§ 46
Links
management
(1) Unless proceedings for incapacitation stopped by § 35 para. 2, the court
initiate proceedings in matters of custody and management of human bonds.
(2) Proceedings in the competent court conducting the proceedings of incapacitation.
§ 47
Finding of a statement on the determination of a guardian
Court finds that the statements in the list of destination guardian
conducted under other legislation is recorded statements of determining
guardian or a revocation of such determination made by the
legal capacity to be reduced; if registered, find data on
appointed guardian and a statement in which the notary is such instrument is deposited.
§ 48
Supervision
The court oversees whether the guardian fulfill their duties properly. This may
take appropriate action.
§ 49
Decisions in matters of guardianship council
(1) The fact that the scope of the curatorial board will exercise a person who
a person close friend or friends guardian, it can decide only on the proposal
this person. The withdrawal of the rights of legal persons whose main business consists of
care of persons with disabilities and protection
its interests, which according to another law has the right to be a member of the curatorial
advice or participate in its sessions, the
custody provisions advice and do in matters of guardianship council proposals court can decide only
to the proposal guardian, custodian or guardianship council members
.
(2) the convening of a meeting of the Board of provisions custody or guardianship council convening
court will decide within 30 days of submission of the proposal or the issuance
resolution by which the proceedings were commenced without a petition. Negotiations
not be ordered.
(3) The annulment custody Board and its replacement
judicial decision can only be decided on a proposal from a member of the curatorial board
who voted for the decision, guardian or guardian
filed within 15 days of receiving the decision guardianship council. Later petition
court rejects.
Part 2
Proceedings in matters of missing person and death
Section 1
Proceedings for a declaration of man missing
§ 50
Territorial jurisdiction
To control the competent court, which was most recently the general court of
which is to be declared missing (the "missing").
§ 51
Participants
Participant is missing, and one who is under a different legislation
entitled to submit a petition to initiate proceedings.
§ 52
Initiation of proceedings
Procedure may be initiated only on a motion.
§ 53
The proceedings
(1) The court decree or other suitable means missing prompts to
to three months volunteered, and everyone knows about it, so that the latter filed in the same period a message
court or guardian or representative , said
in the decree. The court also carry out all necessary investigations on
Missing.
(2) In the decree, court indicating the essential facts of the case and announce that
after the deadline specified in the decree decides on declaring the missing
if the missing logs on, or if no report
about where he resides. A period determined by the court to three months from the publication of the decree
. In the decree, it is necessary to state the date when the period ends.
Section 2
Proceedings of the declaration of human dead
§ 54
Territorial jurisdiction
To control the competent court, which was most recently the general court of
which is to be declared dead.
§ 55
Initiation of proceedings
To be a person declared dead on the basis of a presumption of death can only initiate proceedings
to the proposal.
§ 56
The decision
(1) The court decides the sentence.
(2) In the judgment, the court shall determine the date, which pays for the day of death of man
or Day, which apparently missing survived.
§ 57
Annulment of Decision
If the court finds that a person who has been declared dead, alive or
lived in the day from which the period has not expired yet determined to
missing could be declared dead, sets aside the judgment of
statement for the dead.
§ 58
Setting another date of death
If the court finds later that the person who has been declared dead, died
another day or that day can not live or survive it, decides to change
day, which is contained in a judgment day death.
Section 3
The process of determining the date of death
§ 59
Territorial jurisdiction
For the procedure for determining the date of death, the competent court, in whose district
seat of the Registry Office, who announced the court that it could not determine the date
man's death.
§ 60
Initiation of proceedings
Court proceedings are initiated on the basis of a complaint by another registry office
legislation.
§ 61
Representation
To protect the legitimate interests of the deceased court appoints a guardian for
management.
§ 62
The proceedings
(1) The court decree or other suitable means invite everyone who knows
circumstances from which it can determine the date of death or the man who would
such a finding could lead to them filed within one month from
promulgation of the decree the court report. The court also performs all investigations
needed to determine the date of death of man.
(2) The court shall decree in the relevant circumstances of the case and announce that
after the deadline specified in the decree shall determine the date of death of man. In the decree
it is necessary to state the date when the period ends.
§ 63
The decision
(1) After the deadline specified in the decree decided by a court judgment.
(2) In determining the date of the judgment, which pays for the day of death of man.
§ 64
Changing decision
If the court finds later that the actual date of death is different from the day
determined in accordance with § 63 of the judgment, decides to change the date that is listed in
judgment or judgment canceled, even on a proposal a person who at such
change proves legal interest.
Part 3
Procedure for consent to intervention in the integrity
§ 65
Territorial jurisdiction
To control the competent court which, under whose integrity is to be
affected.
Section 4
Proceedings in matters of admission or holding in Health Institute
Section 1
General
§ 66
Territorial jurisdiction
To control the competent court, in whose district the Health Institute in
which is located one of which is the Institute of Health must take
announcement according to § 75
§ 67
Participants
(1) The participant is also a medical institute.
(2) The participant is also a legal representative filed if a man
proposal to initiate proceedings.
§ 68
Position of confidant and proponent of control
(1) The trustee or the proponent can apply on their own behalf in favor
placed man all his rights arising from the takeover
and another holding in the health institution.
(2) If the trustee acts contradict the interests of the proponent or placed
man assess the court after consideration of all the circumstances.
§ 69
Representation
(1) Based person is entitled to have, as a party to represent the
control agent of their choice. About this and other procedural
their rights and obligations should be advised that unless his health
Completely excluded.
(2) The absence of a choice based one nominee or if it is necessary to protect the interests
located, the court appoints a guardian for the management ranks
lawyers.
§ 70
The proceedings
(1) to determine the health status and determine whether further holding in
Health Institute is or is not necessary, the court appoints an expert.
Expert can be appointed a doctor who works in a health institution where the person is
held. If it was a review of health, court evidence
result of such review ever done. The court also always carry proof
medical documentation or record of, or expression
physician about the inability of judgment and expressing wishes
man placed under other legislation.
(2) Unless otherwise stated below, the court orders a hearing to which invites
placed man, unless the attending physician or
written expert opinion may be present at meetings severely damage his health
his deputy, guardian and health management
Institute. When dealing hear placed man, expert, according
circumstances attending physician placed man, his guardian and performs
or other appropriate evidence.
§ 71
Release Health Institute and other measures
No court decision issued under this Part shall not preclude
Health Institute dismissed the man, nor the fact that court proceedings in guardianship matters
man did other appropriate measures.
§ 72
Continuation of proceedings
The procedure for admission or holding
in the health department or appeal proceedings, which was stopped because one
was released from the health institute or subsequently agreed in writing with
its location, continues if, within two weeks from receipt of the resolution on the termination of the proceedings
declares that in examining the case lasts. This needs to be
instruct him.
§ 73
Appeals
Appeal against the decision has no suspensive effect. CFI is obliged to submit a statement
appellate court without undue delay after
his appeal was delivered. The appeal filed appeals court decides
no later than one month after submission of the file; This limit does not apply if the
continues the proceedings under § 72.
§ 74
Costs
Costs paid by the state. However the costs of legal representation
placed man, with the exception of a court appointed guardian for
management.
Section 2
Proceedings concerning the admission and other holdings in the health institute
§ 75
Notification requirements
(1) Health Institute, in which are placed persons for the reasons mentioned
in other legislation, is required to report within 24 hours the court in whose circuit
Health Institute is taking over everyone who was in him
placed without his written consent.
(2) If a person who has been admitted to a health care
with his written consent, restricted the free movement or contact with the outside world
in the course of treatment, or their written agreement to withdraw the health
Institute is obliged to make the notification referred to in paragraph 1 to 24 hours after the
such restriction or withdrawal of consent occurred.
§ 76
Initiation of proceedings
(1) The court shall initiate proceedings concerning the admission according to § 75 paragraph
. 1 or limitation under § 75 para. 2 (hereinafter referred to as "takeover") and other
holdings in the health institution, unless the takeover and holding court ordered
in other proceedings.
(2) If a medical institution fails announcement according to § 75 are positioned
person or his legal representative are entitled to initiate proceedings
. The proposal to initiate proceedings may be filed by a man also, if
agreement with its takeover gave guardian.
§ 77
The proceedings
(1) The court shall decide without a hearing within 7 days of receipt. The hearing of the case
convene another judicial year. Other judicial year is usually held in the health
Institute.
(2) The court makes the evidence needed to assess whether the admission was the
legal reasons; especially to hear placed man
attending physician and other persons whose hearing based
man asks. § 70 shall not apply.
§ 78
Decision on the admissibility of
(1) Court decisions will determine whether the admission was lawful reasons, and
if so, whether such reasons exist.
(2) If the court concludes that the takeover occurred on legal grounds,
or that those reasons no longer, orders the release of a man
Health Institute. If the court-ordered release, the Health Department after receipt of the decision
man obliged immediately released.
§ 79
Delivery
Decision pursuant to § 78 to 24 hours after its release delivers positioned
man, as his representative, guardian for management and health
Institute. The court also take other appropriate measures, so that man could
appropriate form containing the decision to be aware and have it available.
§ 80
Continuation of proceedings
If the court stated that the takeover was in line with legal reasons
and that there are grounds for a person to continue in limited contact with the outside world
, the court continues proceedings on the admissibility of its next possession
in health Institute.
§ 81
Decision on the next possession
(1) The court decides the sentence.
(2) In the judgment, which must be announced within three months from
verdict on the admissibility of the Public Health Institute and the duration of his reasons
court will decide whether further holding is permitted and for how long.
(3) The effectiveness of the judgment referred to in paragraph 1 shall expire after a period of 1 year
date of its publication, unless it intended shorter. To be in possession
Health Institute extended beyond this period, it is necessary to
new examination and the court must hold a permit for further decide again.
§ 82
Proposal to release
(1) Based person, his representative, guardian, and those close to him may
before the expiration of the period in which it is permissible to hold, asking
new examination and decision regarding their release, if justified by the presumption that
further holding in the health institution is reasonable.
(2) The court shall decide the judgment, which must be announced within two months of submission of the proposal
. If the court rejects the proposal to repeatedly release and can not expect to improve the condition
placed man may decide not
do further investigations before the expiry of the period for which it was holding in
Health Institute authorized.
§ 83
Takeover in special cases
(1) If taken to a health institute person whose state of health
requires the provision of emergency care unless it is due to their health condition
legally able to act and unless this condition caused
mental disorder, without a court hearing within 7 days from the day when the
to assume that the takeover agreement.
(2) The court shall appoint a guardian for a person placed control.
(3) The court deciding based mainly on the attending physician
placed on the health of humans.
Decision shall be delivered to the NIH and a guardian for the proceedings. Against this decision
remedies are not permitted.
(4) Health Department has an obligation to notify the court within 24 hours of a change in health status
placed man, which justifies the initiation of proceedings under §
76.
(5) The provisions of § 69, 70, 77 to 81 do not apply.
Section 3
Proceedings to determine the admissibility holdings in the social services
§ 84
(1) If a person is placed in the social services under
contract that the provider of social services concluded for him
his guardian, and if the result of this placement restrictions on his personal freedom
, the court may decide on the declaration of inadmissibility of further
hold in this social service facilities. When expressed with the placement agreement
court in proceedings relating to custody of a person can be
such proceedings were opened after 30 days from the decision
about this agreement.
(2) The court shall hear the case and decide priority and greatest
accelerating. If and court concludes that further holding device
social services is not necessary or that this is unreasonable posture,
decide on the declaration of inadmissibility of holding another man's device. He
If the proposal is rejected or discontinued proceedings, the proceedings may be the same reasons
started only after 30 days from the legal force
decision which rejected a previous proposal or who were
previous proceedings were discontinued.
(3) where a court is inadmissible next possession, delivers this
decision within 24 hours of its release placed man, as his
representative, guardian for management and social service providers.
The court also take other appropriate measures, so that man could form a suitable
familiar with the content of the decision and have it available.
TITLE II
MANAGEMENT certain issues relating to legal persons and matters Trust Fund
Part 1
Proceedings on certain issues relating to corporate
§ 85
Control Types
Proceedings on certain issues relating to legal entities are
A) proceedings in matters of status of legal persons, including their repeal
and liquidation, appointment and dismissal of members of their organs or
liquidator, changes and questions the status of public benefit
B) the procedure for the appointment of an expert
C) proceedings in matters of legal persons, unless the management
under subparagraph a), it is clear from the Act that may be commenced without a proposal,
D) proceedings in guardianship matters of legal persons.
§ 86
Territorial jurisdiction
(1) Proceedings in matters referred to in § 85 point. a) and d)
competent court where the legal entity is registered in the public register.
Case of a legal person that is not registered in the public register is
competent court, in whose district the legal entity is its general
court.
(2) Proceedings in matters referred to in § 85 point. b) c) the competent court of
general legal entity in question.
(3) In cases founded by a legal entity for the determination of local jurisdiction
decisive for its future headquarters, it is to be the territory of the Czech Republic
.
§ 87
Notification requirements
Initiation of proceedings to revoke the status of public benefit
notify the court without undue delay to the person who maintains a public register in which the person
registered, and the competent tax income.
§ 88
Obstacle and connection management
(1) the opening of the transformation of legal persons precludes u
Court went against the same opponents further proceedings on other proposals
petitioners requesting the conversion of the same things the same legal entity, if provided
and other legislation.
(2) proceedings on the invalidity of the decision of a legal entity
is connected to any further proceedings on the invalidity of that decision.
(3) In proceedings concerning abuse of voting rights in the private corporation
to the detriment of the whole is linked to any other proceedings for abuse of the right to vote
concerning the same case.
(4) In proceedings concerning abuse of voting rights in the private corporation
to the detriment of the whole is linked to proceedings on the invalidity of the authority's decisions
private corporations, if the alleged ground of invalidity of the same case
abuse of voting rights .
§ 89
Negotiations
(1) There the court evidence, not matters specified in § 85 must
hearing ordered.
(2) In proceedings on the right to the registration status of public benefit is not necessary
hearing ordered.
§ 90
Deciding
(1) The court shall rule on the law on the registration status of public benefit
within 15 days of presenting all documents proving
meet the conditions for a judgment on the registration status. If the application is filed
in the Czech language, or if they are not translated into Czech
documents which according to another law
demonstrating compliance with the conditions for judgment on the registration status in the first period
sentence will begin on the day following receipt of the translation.
(2) In proceedings to declare invalid the decision of a legal entity
court decides that the decision of a legal entity can not,
visor is made to him, as it would not be accepted, even without a petition.
(3) In proceedings to declare invalid the decision of a legal entity
court will decide only after the expiry of three months from the submission of the proposal.
§ 91
Special procedure for terminating proceedings in some cases
If the procedure has been declared invalid by decision of the authority
legal person stopped because the petitioner took the proposal back or
to another obstacle could be entering another petitioner in the management and conduct of its
delete, if a particular interest of members of the legal person,
Who did not submit a proposal, worthy of legal protection, the court proceedings will not stop.
In this case, the court issued and published on the official board of the court decision, stating
A) what things are proceedings for annulment of the decision of a legal entity
concerned
B) the reason for the procedure has been suspended and how to remove an obstacle
and
C) information that the procedure will be stopped if the petition within 3 months from the posting
decision to not accept the petitioner and other
not remove this obstacle deadline to justify stopping the proceedings.
§ 92
A similar application of a provision terminating the proceeding
For proceedings in which, according to another law decided by
abuse of voting rights, and in proceedings for invalidity of the project
conversion or invalidity decision approving the conversion to § 91 shall apply mutatis mutandis
, nestanoví- otherwise provided by law.
§ 93
Sending decision
A final decision on the withdrawal of public-benefit status of a legal person shall transmit
court without undue delay to the person who leads the public
register in which the person is registered.
Part 2
Proceedings in matters Trust Fund
§ 94
Territorial jurisdiction
In proceedings for the trust fund is the competent court
trustee; If you have a trust fund trustee is appropriate
last general court of the founder of the trust fund.
§ 95
Participants
Participants are the founder of the trust fund, the trustee
appointed person and the person who has the right to supervise the administration of the Trust Fund
.
§ 96
Initiation of proceedings
Procedure may be initiated only on a motion.
§ 97
Negotiations
There will a court of inquiry, hearing not be ordered.
TITLE III
PROCEDURES FOR ESTATE Part 1
Common provisions
Section 1
Territorial jurisdiction
§ 98
Conditions
jurisdiction
(1) The management of the estate is the competent court, in whose district
A) the testator at the time of death of registered permanent residence in
population records information system by other legislation
or place of residence of another registered under other laws,
B) the deceased had his last place of residence, or, if not resident or
not possible to determine domicile, a place where they last resided, unless
jurisdiction pursuant to subparagraph a)
C) zůstavitelův Real Estate, unless jurisdiction
according to a) or b)
D) the testator died, if there is no jurisdiction under subparagraph a), b) or c
).
(2) The conclusions of the estate may order the executor of the estate and may appoint any court
responsible for the management of the estate,
if there's any danger of default.
§ 99
Commandments things for convenience
Right to comment on which court should be commanded thing because
suitability and appropriateness reason for which the case should be commanded
another court, the participants mentioned in § 110, whose participation in the proceedings
came to light at a time when a petition to the commandment of the case to another court of
.
Section 2
Court Commissariat
§ 100
Acts in the proceedings
(1) The acts of the first instance court in proceedings on the estate done as a court commissioner
notary, whom the court appointed, unless otherwise stipulated
.
(2) The authorization referred to in paragraph 1 shall not apply
A) an application for legal aid abroad
B) decision on exclusion of notaries, notary candidates
notary clerks and other employees of notaries perform judicial acts
Commissioner (§ 105)
C) revocation of the estate under § 191
D) prior consent to the realization of the assets belonging to the liquidation
essence that carried a notary (§ 231)
E) decision on the escheat of property belonging to the winding nature
State (§ 237)
F) stopping the disposal of the estate (§ 280).
(3) In the cases referred to in paragraph 2 notary prepare all documents
for resolutions and other acts of the court and make suggestions on the wording, if necessary
.
(4) Unless appointed liquidation manager, carries a notary proceedings
liquidation estate operations except the court of first instance pursuant to paragraph
1
rights and obligations of the liquidation administrator; this does not apply if
should act in place of the testator or the persons who previously managed
estate, as a party in civil proceedings or other
procedure concerning the assets or liabilities of the liquidation estate.
§ 101
Credentials
(1) Schedule issued on the proposal of the Chamber of Notaries
chairman of the regional court for the calendar year determined that
notary will be responsible for carrying out acts as a court commissioner.
(2) The commission of a notary court decides after initiation of an order which
not required to be served.
§ 102
Takeover
(1) If a notary who was engaged to perform tasks such as judicial
commissioner appointed under other laws
representative or alternate, or if it was to his notarial office appointed a new notary
He is considered representative, alternate or new notary for the notary in charge
under § 101; Resolution of this will be issued.
(2) Paragraph 1 shall apply even if it has been appointed deputy notary
notarial candidate.
§ 103
Enforcement Commissariat
(1) Acts judicial commissioner conducted the proceedings of the estate notary
unless stated otherwise.
(2) A notary may entrust
A) notarial candidate and notarial trainee or his
employee who passed the qualifying exam under another legal
regulation, practice court commissioner,
B) its other employees carrying out preparatory and partial acts in
management of the estate.
(3) A notary, the notarial candidate notary clerk and other employees
notary performs in the management of the estate acts on behalf of the Court of First Instance
in which proceedings on the estate.
(4) A notary, the notarial candidate and notarial trainee employee notary
which passed the qualifying examination by another law, have
in the management of the estate of performing acts of judicial commissioner
all the privileges which belong court as a public authority in the exercise
judiciary.
(5) Acts judicial commissioner shall be recorded in the form of a protocol or
audio or audiovisual recording, unless the law determined
log format.
§ 104
Cancellation commission
(1) The court even without a draft resolution cancels commission notaries, if there
risk that the matter will be resolved within a reasonable time, and was a notary at
option to cancel credential court notified in writing.
(2) If the decision to cancel the authorization, the court at the same time to carry out these tasks
court commissioner another notary; proceeds pursuant to § 101.
§ 105
Exclusion notary and his employees
(1) on the exclusion of notaries and notary candidates
notary clerks or other employees of notaries perform tasks
judicial commissioner, the court ruling.
(2) If the court decides that the notary is a court commissioner perform tasks
expelled delegates while performing acts of another judicial commissioner
notary; proceeds pursuant to § 101.
§ 106
Confidentiality
(1) A notary, the notarial candidate notary clerk and other employees
notaries are obliged to maintain confidentiality about all of what they learn in connection with the implementation
tasks in the management of the estate.
(2) The persons referred to in paragraph 1 may waive the requirement of confidentiality
serious grounds, the President of the court before which proceedings or have already
management of the estate in the first instance.
Section 3
Remuneration and compensation for the operation of the justice commissioner
§ 107
Remuneration, expenses and compensation for the value added tax
(1) A notary has the right to remuneration for the tasks performed by the management as
court commissioner in person or on its behalf performed notarial
candidate notary clerk or other employee compensation for finished
while expenses incurred and compensation for value added tax,
if the payer of value added tax. This applies mutatis mutandis to the notary, who
management operation performed on request.
(2) if the matter took on a representative or an alternate notary or a newly appointed
notary has the right to a proportion of bonuses, compensation for its finished
expenses and compensation for value added tax, if the taxpayer
tax on value added.
(3) Paragraph 1 shall not apply if the agent has been appointed notary notarial
candidate; its share of the reward, reimbursement of cash expenses and compensation for
value added tax notaries are governed by other legislation.
(4) The right to remuneration and compensation for the value added tax from the remuneration
referred to in paragraph 1 has a notary who has not revoked the credentials according to §
104th
§ 108
Payment of remuneration and compensation
(1) The remuneration, reimbursement of cash expenses and compensation for value added tax
are in control of the estate notaries are obliged to pay
A) sole heir who acquires heritage that is over-indebted,
B) more heirs who acquire heritage that is over-indebted, and it
rata according to their inheritance shares or assets acquired by a ratio
when dividing the estate,
C) the surviving spouse, who acquires property under an agreement approved
court under § 162 paragraph. 1 or upon settlement of court decision
under § 162 paragraph. 2, if the management of the estate under § stopped
153 or 154
D) state, unless the cases referred to in subparagraph a) to c).
(2) About who and in what amount pays the notary fee and cash expenses,
where appropriate compensation for value added tax, the court even without
proposal in the resolution, which at first stage ends. When deciding
court determines the compensation for the value added tax by the rate of value added
set by other legislation.
§ 109
Remuneration in special cases
If it was ordered liquidation of the estate shall be paid remuneration and compensation
cash expenses and value added tax on capital assets under liquidation
decision management during the liquidation of the estate
in the first stage ends. The State guarantees the satisfaction of notary rights to remuneration and compensation
.
Section 4
Participants
Subsection 1
Participants when discussing inheritance
§ 110
Heir, vypravitel funeral and become
(1) The parties are the ones which can be reasonably considered that the
zůstavitelovými heirs; if the heritage accrue to the state because they do not inherit
no heir or by inheritance contract or will, or by
law of succession, and the visor is made to stand like he
lawful heir is a party only state.
(2) Paragraph 1 shall not apply if the proceedings on the estate stopped
because they had not left the property (§ 153), or because they left
property without the property value or low value (§ 154);
in this case is a participant in the one who took care of the funeral of the testator.
§ 111
Testator Husband
Zůstavitelův husband is a party, if it ruling on the rights and obligations of
joint property upon dissolution of marriage
death of the testator.
§ 112
Creditors of the estate
Zůstavitelův lender is a participant, if there a separation
estate, designed by or for an inventory of the estate, which suggested.
§ 113
Sidestepped heir
Sidestepped the heir is a party, if it is there an inventory of the estate,
establish the normal value of the estate and the settlement of its mandatory part.
§ 114
An executor
Participant's executor; this does not apply if the proceedings be stopped
inheritance (§ 153 and 154) or if the estate accrue
state because no heir inherit inheritance or by contract or
wills, nor by legal inheritance sequence, and they are looking to the state
as if it was a legal heir.
§ 115
Estate manager
Administrator of the estate is a participant, if there a provision
administrator of the estate or inheritance administrative tasks.
§ 116
Participants at the conclusion of the estate
At the conclusion of the estate (§ 149-151) is a party to everyone who was affected
court action directed against the property of the deceased and who
has not yet become a party to any other reason.
Subsection 2
Participants at the disposal of the estate
§ 117
(1) If the ordered liquidation of the estate, are parties to creditors
who registered or who have a right to satisfy their claims, even though it
logged, and liquidating trustee.
(2) Those who are participants under § 110 to 116, terminates participation in the management of the liquidation estate
effective date of the writ of liquidation
Estate; their participation in the proceedings on appeals brought against an order of the court
issued until unaffected.
(3) Lenders are no longer in the course of the liquidation estate
participants of the date on which surrendered entirely right to satisfy their claims or
in which this right is otherwise completely lost;
their participation in the proceedings on appeals brought against an order issued by the court of
until unaffected.
Subsection 3
Guardianship
§ 118
Guardian heir
If the court finds that the heir who can not act independently before a court
has no legal representative or guardian to appoint him to the management of the estate
Resolution guardian has not yet been taken in that proceeding
in matters of custody or guardianship of man
legal entities adequate measures.
§ 119
A special guardian
If there is a conflict of interest between the heir and his legal representative or guardian
or conflict more heirs represented by the same legal
representative or guardian, the court shall appoint heirs to the management of the estate by order
special guardian.
§ 120
Guardian in special cases
Court issued the decision to appoint the management of the estate guardian heirs
not know whose residence is unknown or who has failed to deliver on
known address of his residence or the place where he resides, or who are
failed to deliver to the address of its registered office.
Subsection 4
Succession Process
§ 121
If they lose a participant in the proceedings of the inheritance capability
be a participant in the court proceedings on the estate on his site continues and
who in court in the protocol explicitly declares that he is the legal successor of
party, if its claim on the rights and obligations
proves.
§ 122
If a stolen inheritance, the court continues to place the heir to the legacy
transferee if the transferor and the transferee about it in court
Protocol to expressly ask and if they prove stolen heritage.
Section 5
The decision
§ 123
Authorization to issue a decision
(1) Decision, which decides on the merits issued by the management of the estate only
notary.
(2) A notary candidate or a notary clerk or employee
notary who passed the qualifying exam under another legal
regulation, authorized to perform tasks court commissioner issued by them
resolution, which is not decided on the merits .
§ 124
Produce resolution
(1) A copy of the resolution issued by the notary, the notarial candidate
notary clerk or employee of a notary who passed the qualifying examination
under other legislation, with the indication of the court whose behalf the resolution
issued, name and surname of the notary, the notarial
candidate notary trainee or employee of a notary who passed the qualifying examination
under other legislation, marking
deceased and things statement, justification, instruction on appeal and the time limit and | || point for his administration, and the date and place of issue resolution.
(2) Copies of the resolution, against which no appeal may not
reasons. Decisions on remuneration and compensation for work
judicial commissioner must always be justified.
§ 125
Signature decision
(1) If the resolutions made in writing in paper form, signs
is the one who issued the order, and shall bear the official stamp of the notary.
Resolution drawn up in electronic form, provided with a recognized electronic signature
person who issued it.
(2) If a copy of the resolution to be signed by a notary candidate
a notary clerk or employee of a notary who issued it or
bear their recognized electronic signature, the notary signs
or is provided by a recognized electronic notary signature.
(3) If a copy of the resolution to be signed by a notary, who is
issued or provided with a recognized electronic signature, signing them
those who take over the case (§ 102), or provide his acclaimed | || electronic signature.
§ 126
Delivery
(1) into their own hands to deliver
A) a summons under § 176 paragraph. 2
B) resolutions issued under § 162 paragraph. 1-3, § 170 paragraph. 1, § 180 paragraph.
1 and 2, § 185, 191, 222 and 260,
C) resolution issued under § 164 in the case of § 165 paragraph. 1
D) resolution issued under § 175 in the case of § 176 paragraph. 1
E) inventory notification in accordance with § 222
F) resolutions and documents, in which it ordered the court.
(2) Substitute delivery is excluded for delivery order issued under § 164
in the case of § 165 paragraph. 1 and when an additional
resolutions or other actions in which it ordered the court.
(3) The resolution issued by the management of the estate is not required to be served,
if it becomes law.
Section 6
Costs
§ 127
Reward notary for carrying out acts of judicial commissioner and his cash expenses
and compensation for value added tax and fee administrator of inheritance are
costs. Compensation for value added tax is one of the costs
procedure, if performed in the proceedings on the estate of a court commissioner acts
notary who is the payer of value added tax under another legal provision
.
§ 128
Reimbursement of costs
In court proceedings on the estate confesses to pay the costs
necessary to the efficient enforcement or protection of rights completely or partially
against other participants or some of them, if it is justified
circumstances of the case, or if there are reasons worthy of special consideration;
It does not apply if it was ordered liquidation of the estate.
Section 7
Remedies
Subsection 1
Appeals
§ 129
Appeal Inadmissible
The management of the estate can not be appealed also against the resolution, which
A) was engaged to perform notary acts as a court commissioner,
B) a notary revoked the credentials to perform tasks such as judicial commissioner
C) it was decided to expel notaries, notary candidates
notary clerks and other employees notary
D) was halted proceedings on the ground that the deceased did not leave any inheritance
,
E) was halted proceedings on the ground that the deceased has left property without
value or property only negligible value, and that the property was given fact
who took care of the funeral if the deceased person's assets with the acquisition of spoken
consent
F) was conducted notification of succession law,
G) was performed convening creditors
H) was carried out on notification law concerns an inventory
I) the decision to pay the costs needed to manage assets belonging to the liquidation
nature and its monetization State
J) it was decided to appoint an expert to submit an opinion on the price of property belonging to the liquidation
essence, k) the creditor was invited to incomplete or incomprehensible
unlimited application complete or rectify
L) was noted by the waiver of the right of the creditor to satisfy
receivables
M) the creditor invited to an action seeking a declaration that he requested
receivable due and in what amount, or that he has a right to satisfy their claims
collateral.
§ 130
Examination of appeals
To hear an appeal not be ordered by the appellate court hearing
also the case when it relates to a fee and reimbursement for work
court commissioner or the liquidation manager.
§ 131
Exchange regulation of notaries as judicial commissioner
(1) Abolishing appeals court ruling of the court of first instance because it was not followed
binding legal opinion of the court which earlier resolutions
abolished, or that the proceedings were serious flaws, may order a thing
in further proceedings discussed another notary as a court commissioner, or order
case for further proceedings before another court of first instance, which is superior.
(2) Abolishing appeals court ruling of the court of first instance and the panel if
conclusion that the conditions exist for the abolition of commission (§ 104), will order
thing in further proceedings discussed another notary as a court commissioner.
(3) ordered the appeal court in accordance with paragraph 1 or 2, so the next thing
management to discuss another notary as a court commissioner, proceeds Court of First Instance
under § 101.
§ 132
The costs of the appeal proceedings
Reimbursement of the costs of the appeal proceedings are governed by the provisions of § 128. appropriately
Subsection 2
Action for nullity
§ 133
Action for nullity may be challenged only the final decision
which was decided on the merits or which governs the
Estate ends before the court of first instance or on appeal.
§ 134
Action for nullity may be heir to contest the final resolution
Court of First Instance or the Court of Appeals also where he was
appointed guardian, although it was mentioned in the assumptions
§ 120.
Subsection 3
The appeal
§ 135
The provisions of § 128 and 131 for the appellate proceedings shall apply mutatis mutandis.
Subsection 4
Common provisions for appeals
§ 136
(1) The appeals are filed on time also when they have been within
filed with a notary who was engaged to perform tasks in the management of the estate
as a court commissioner.
(2) If the ordered liquidation of the estate, the appeals lodged in time
also if they have been filed within the period for the liquidation administrator.
Part 2
Consideration heritage
Section 1
Initiation of proceedings
§ 137
Notification requirements
Registry Office announces the death of the natural person responsible for the court proceedings
estate (§ 98 par. 1).
§ 138
Initiation of proceedings
(1) At the proposal of proceeding is initiated only if it is shown that
petitioner is entitled to the estate as heir.
(2) The court shall initiate proceedings of its own motion, upon learning that
natural person has died or has been declared dead, unless it
already initiated the proposal. The resolution to initiate proceedings is not required to be served.
Section 2
Preliminary investigation
§ 139
The purpose of the preliminary investigation
In the preliminary investigation, the court performs all operations required to determine the deceased person's assets
status and to determine the heirs, legatees,
executor, administrator of the estate, and other persons whose
rights and responsibilities in management terms.
§ 140
Findings of fact relevant to the management
(1) The court finds from the list or system maintained by another legal
regulations that are filed legal action or other legal
facts that are relevant to management and decision on
estate.
(2) Any person who keeps a list, or a system in which data are contained
legal negotiations or other legal facts referred to in paragraph 1
allow the court to determine the necessary information, and if | || operated through remote access.
§ 141
Obligations and rights of third parties
(1) Anyone who knows the facts relevant to the proceedings and the decision
estate, is to communicate the court challenge; reject it can only communicate
one who could then according to the Code of Civil Procedure do as a witness.
(2) Any person who is carrying the acquisition of the testator's death or
other document, important for the management and settlement of the inheritance, it
challenge to the court; It does not apply in case of notarial documents drawn up or received
enrollment into notarial custody, whose condition and contents
notary determines that it has in custody. The Charter will be repaid when not needed for
management.
(3) The person who told the court the facts referred to in paragraph 1 or issued court
deed under paragraph 2 and who is not heir is entitled to compensation
cash expenses. This right shall expire, unless exercised within 3 days
of the communication or document issued by the court ran out; about
court is obliged to provide guidance.
(4) The acts referred to in paragraphs 1 and 2, the court does not, in the case of minor
deceased and is otherwise beyond doubt that did not leave any inheritance
and that therefore the proceedings will be suspended under § 153. || |
§ 142
Determining the status and content of documents
(1) If the deceased leaves a deed of purchase in case of death, a statement
disinheritance, a contract waiving inheritance rights or
cancel these legal proceedings, the profession executor, about || | occupation administrator of the estate, a contract on matrimonial property regime
or commands, conditions or other legal negotiations that
may be relevant for the acquisition of property, determine their status and content
notary, which has custody, and in other cases the court.
(2) O determine the status and content of the documents referred to in paragraph 1 shall be made
protocol; it is firmly attached a certified copy thereof.
(3) involved determining if the status and content of the documents referred to in paragraph 1 notary
that the management of the estate was commissioned as a court commissioner,
Forward the protocol to determine their status and contents immediately the court in which proceedings are pending
on the estate.
(4) The instrument of acquisition in case of death, the declaration of disinheritance, a
agreement on the waiver of inheritance law or repealing these laws
negotiations, shall be deposited with the court in which proceedings are pending on the estate,
declared in Collections acquisition in case of death; It does not apply in case of notarial
.
§ 143
Public findings
(1) Determining the status and contents of the deeds of purchase in case of death, a statement
disinheritance, a contract waiving inheritance rights or
repeal of those legal acts which were not drawn up in the form
notarial deed and that the notary accepted into notarial custody, is carried
publicly.
(2) The act, in which the findings will be made public status and content
documents referred to in paragraph 1, the notary, the court will notify the person who
in the prior proceedings reflected the legal hereditary succession or already
exercise their rights to inheritance. Notification is sending them
least 15 days in advance to the address that these persons told the court
or unless another court whose address is known, the address of which is
registered as a place of residence of the person in Information system
population register under other legislation, or as a place
another residence registered under other laws, and
published on the official board of the court; In justified cases it may be
notice published through the mass media.
(3) The notification shall state court, where a notary, when and where will be performed
act on the findings of the status and content of the documents referred to in paragraph 1, as well as
warning that the operation can be carried out even in the absence of all persons
about him were notified.
§ 144
Performing findings
(1) The determination of the status and content of the documents referred to in § 143 par. 1
notary always prove that the instrument is in the package, which was provided at
its acceptance into custody, and read her text.
(2) A notary performs the act of finding the status and content of documents pursuant to paragraph 1
, even if it fails any of the parties, which shall have been notified
.
(3) The Protocol on the findings of the status and content of the documents referred to in § 143 par. 1
notary give an opinion, which of the status and content of the instrument indicated
bystanders, if they request it.
§ 145
Determining the status and content of the oral disposition of property upon death
(1) To determine whether the deceased after his death
taken orally, and what was the content of this acquisition, the court always orders a hearing.
(2) During the hearing under paragraph 1, the court makes written record of evidence
testator's last will and testament issued by the witnesses, if it was drawn up, and
hear from all witnesses before whom the testator has manifested his last
will, unless the examination of any of them prevent serious
circumstances; the possibility of making further evidence unaffected.
§ 146
Questioning of witnesses and other persons
(1) If it is found that the deceased had left the instrument of acquisition
case of death or the declaration of disinheritance made before witnesses, the court is always
hear; It does not apply declare if all the heirs of the interrogation of witnesses
do not, or if they prevent the examination of a witness
serious circumstances.
(2) The court may hear anyone who is aware of the testator's heirs
or other persons who may be entitled to the assets of the estate
.
§ 147
Implementation questioning
Witnesses mentioned in § 145 para. 2 and § 146 par. 1 and the persons referred to in §
146 par. 2 court hears procedure that Code of Civil Procedure provides for
evidence of witness testimony.
§ 148
Informing the executor or administrator of the estate
If it is found that the deceased called executor or administrator of the estate
, the court shall notify and invite them to undertake their functions
; It does not apply if his executor or administrator of the estate
previously announced that they had begun to perform their duties.
§ 149
Conclusion estate
If the court orders the resolution concludes the estate to ensure assets, which
it can be assumed that belonged to the deceased, saving them in judicial custody,
judicial commissioner or a suitable custodian, or by sealing the
testator's home or other suitable place.
§ 150
Stopping payment
(1) If the deceased was the owner of the account or passbook, the court may by order prohibit
payment from the account or passbook.
(2) Prohibit the court referred to in paragraph 1 payout on account privileges
commissioner of the testator to dispose of the funds in the account by
not affected.
§ 151
Filling the claims of the testator
If the testator claims court resolution imposes its debtors to compose
filling into custody court and notify them that the services performed
else will result in the fulfillment of the debt.
§ 152
Separation estate
(1) A proposal to creditors separation of the estate or part of the court decision
resolution.
(2) The court shall prepare a list of assets belonging to the secluded estate
or parts thereof, and if it proves it necessary, to ensure the property;
while ensuring proceed under § 149 to 151.
Section 3
Termination
§ 153
The estate property without
He left
If the deceased had no property belonging to the estate, the court proceedings on the estate
stops. The decision is not required to be served.
§ 154
The inheritance of property without value or low value
(1) If the deceased leaves a property without the property value or just
negligible value, the court issues a resolution zůstavitelův the property to one who
care of the funeral, when the acquisition of the property consented, and
at the same time terminate the proceedings; It does not apply to such property testator, by
which the law provides that it shall become property right of another person.
(2) If the dispute, who took care of the funeral, apply mutatis mutandis
provisions governing the dispute over the succession law.
§ 155
The legal force of the termination Decision
The decision to terminate the proceedings under § 153 or 154
management of the estate is completed.
Section 4
Administration estate
§ 156
Authorization to manage the estate
If there is doubt about whether the estate administrator to manage
drafted by the deceased's estate or the executor or
heir, or one of several heirs, or the heirs of all, the court even without a draft resolution decides
one of them is entitled to administer the estate
.
§ 157
Appointment of administrators
(1) If the deceased did not call the administrator of the estate, the court may, even without
draft resolution to appoint an administrator of the estate, if
A) the executor has not been appointed or refused to administer the estate or
is obviously unfit to administer the estate and heirs
if they are unable to properly administer the estate
B) it is necessary to draw up a list of property belonging to the estate, or
C) to another serious reason.
(2) In the event that the deceased called the manager a portion of an inheritance,
proceed in accordance with paragraph 1, lay down the law or is otherwise necessary
administrator to administer the estate of any other or all other | || zůstavitelův property.
(3) The court shall appoint its own motion, by order executor of the estate also when
if the decedent profession or the court-appointed administrator of the estate
died, has been declared dead or missing, was
limited in legal capacity, he resigned from his duties or was
final court decision is revoked, and when it appears necessary that the estate or a part thereof
manage new administrator.
(4) The proposal heir court appoints an administrator of the estate to meet
last will of the testator, if so specified in the Civil Code.
(5) Unless otherwise provided by law, a court-appointed administrator of the estate
same legal status as the administrator of the estate of a decedent who is called
. The court-appointed administrator of the estate pursuant to paragraph 4
well as the executor of the estate drafted by the deceased, who was ordered by a court
fulfill the last will of the testator, has the same legal status as
executor.
§ 158
Estate manager
(1) The administrator of the estate may be appointed by the court, only those who agree with
. If the estate accrue to the state because they do not inherit any
heir or by inheritance contract or a will, nor the statutory inheritance
sequences, and visors if the state, as if it was a legal heir, may be
appointed administrator of the estate also happen.
(2) An order appointing an administrator of the estate court always define the scope
managed assets of the testator or state the purpose for which the administrator
Estate named.
(3) The administrator of the estate is obligated to assume the exercise of their functions
day following the date of notification of the order, unless specified therein
day later.
§ 159
Appeals Manager
Court by order revoke the administrator of the estate, if so specified in the Civil Code
.
§ 160
Some duties in administering the estate
Whoever manages the estate,
A) with the consent of the court sells assets not keep
without risk of damage or disproportionate costs; approval does not need, if there is
property perishable or if it is likely to quickly lose
value
B) informed about the death of the testator's bank, foreign bank branch or
savings and loan association in which the deceased had an account
C) informed about the death of the testator's known creditors and debtors of the testator.
§ 161
Court decisions in some cases administration of the estate
About whether to approve the settlement adult references that has done
person administering the estate, the consent administrators of the estate or an executor
act with a range of more than simple administration and
permits heirs to the free disposal of certain
survivor subjects before the end of the proceedings to discuss the estate, the court
resolution.
Section 5
Assets jointly owned by the deceased and his spouse
§ 162
When property
(1) ceases to have the marriage of the testator's death, court resolution
provides the usual price of property belonging to the joint property of the testator
a surviving spouse on the date of death of the deceased and approve the agreement
surviving spouse of a settlement with heirs
property belonging to the joint property of spouses, unless contrary to the instructions that
testator during his life gave regarding his property in case of death,
or the law.
(2) If the agreement referred to in paragraph 1, the court resolution according
principles set out in the Civil Code, determine what assets of the joint property
belong to the survivor's assets and what assets belong to the surviving spouse
or also provides asset required to settle
property from joint property. Neshodnou- If the heirs of survivors
husband on the relevant facts of what belongs to all
joint marital property, the disputed property is disregarded.
(3) If it is earlier than the management of the estate finally ended
that the deceased had a surviving spouse jointly owned
another property deal was subsequently referred to in paragraph 1 or 2;
Court while based on the original resolution.
§ 163
Right to settle
If it has been canceled, terminated if or when restricted joint assets
deceased and his spouse during the life of the deceased and unless
yet settled, assets belong to the survivor is entitled to a settlement
.
Section 6
Discovery inheritance rights
§ 164
Notification of succession law
(1) Unless proceedings were discontinued under § 153 or 154, the court shall inform each resolution
which they may have under existing management achievements in
that is zůstavitelovým heir of his inheritance law and instruct
about him that he may refuse heritage, and what are the requirements and consequences
rejection of the inheritance. The waiver of court resolution sets a deadline
one month or, if notifying the only resident abroad
three months from receipt of order; important reasons may be allowed to reject
heritage appropriately extended.
(2) The court shall notify the successor of process pursuant to paragraph 1 only if the
which they may have under existing results proceedings, it
zůstavitelovým heir, lost the capacity to be a party even before
before him, the deadline set for the rejection of the inheritance.
§ 165
Announcement and delivery notification
(1) The court shall declare the resolution under § 164 persons present; It
resolution is not required to be served. Vyrozumívaným other persons pursuant to court order
§ 164 delivers.
(2) The heir, who was unable to be delivered to the address of his residence or place of residence
, is considered the heir of unknown residence.
§ 166
Notification Decree
(1) Unless I know that which they may have under existing management
results for the zůstavitelovým heir, or is not known its place
Residence, the court shall inform him of his right of succession decree. In the decree
invite him to report to the court or a guardian who was appointed party
(§ 120), determined to do so by the deadline, which may not be less than 6 months after posting
decree on the official board of the court and instruct him about the consequences of
, if not themselves know in time.
(2) Decree shall be delivered to the other participants, guardian, who had been appointed
, and put up on the notice board of the court; In justified cases
decree may be published through the mass media
funds.
§ 167
Persons nevyrozuměné
If it considers that it is zůstavitelovým heir, someone who has not been
court about their right of succession notified, before closing of the
management of the estate to exercise their right at the court in writing or orally to || | protocol. The court found him after learning about the resolution options heritage reject
manner specified in § 164 and 165.
§ 168
The dispute over the succession law
The court examined all rights of inheritance to notify their inheritance
law or who have properly exercised their right of inheritance, if the inheritance
not refused or ceases to have their right to refuse the inheritance, or if the waiver invalid
or if the waiver
disregarded. If they can not all inheritance rights stand side by side, there
dispute over the succession law.
§ 169
Procedure in case of uncontested facts
(1) Depending if the resolution of the heirship of the legal assessment
only those facts which are among the heirs dispute resolution
court decides with whom the participants will continue to be discussed and which the participants
participation in the proceedings terminated.
(2) Law of Succession those whose participation in the procedure was referred to in paragraph 1
terminated, extinguished the proceedings and decisions, however, it remains
disregarded.
§ 170
Procedure in case of disputed facts
(1) In the event that for resolving the dispute over the succession law should be demonstrated
facts that are disputed between the heirs, the court will refer the resolution
party whose right of inheritance appears to be having regard to circumstances | || weakest case as to his right to commence proceedings; to bring an action
determined period, which shall not be less than two months.
(2) Where no action is filed within the time limit, if the proceedings in the action stopped
or if the action is rejected, the dispute over the succession law was resolved
to the detriment of those who had their the right to exercise legal action.
(3) it is clear from paragraph 2 or a court decision on the action that
succession law does not indicate any of the previous heirs court resolution
his participation in the proceedings terminated. The provisions of § 169 paragraph.
2 shall apply mutatis mutandis.
Section 7
Assets and liabilities of the estate
§ 171
Identifying the assets and liabilities of the estate
(1) The assets of the estate consists estate of the deceased, who owned
day of his death, as well as receivables and property rights, which, although
was only after his death, but they derive from legal facts which || | occurred in his lifetime, and that would have no further belonged
had died, and the right to settlement of property that has been canceled or has expired
narrowed during the life of the deceased and not yet settled
.
(2) The liabilities of the estate consists
A) the debts of the deceased, who had at the time of death, as well as debts that have
derive from legal facts of which should carry out the testator had
stop him from seeing his death
B) the cost of the funeral costs for the provision of certain individuals and other debts
which arose after the death of the deceased, for which the law provides that it pays
heirs of the testator or that is paid out of the estate, or that are | || deficit inheritance.
§ 172
Findings assets
(1) The assets of the estate court finds primarily from an inventory of the estate
list or from the survivor's property, or from the joint declaration
heirs of probate assets.
(2) Where no established pursuant to paragraph 1, the court estate assets
illustrates the data heirs and lists them assets. If you disagree with
heirs to the relevant facts of what belongs to all assets
estate, the disputed property in the proceedings and discuss
estate disregarded.
§ 173
Determining liability
Liabilities estate court will clarify the data heirs and lists them
Liabilities. If you disagree with the heirs to the relevant facts about what all
include the liabilities of the estate, to questionable debts in management and in consultation
estate disregarded.
§ 174
Convening of creditors
(1) On a proposal heir who reserved inventory of the estate, or that
who manages the estate, the court resolution appeals to the creditors of the testator
with him to log in and deeds substantiate their claims, and instruct them | || how can they claim to log in and what are the consequences of doing
claims not register. Check-in and substantiate claims court
resolution setting a deadline which shall not be less than three months from posting
decree on the official board of the court.
(2) Resolution pursuant to paragraph 1 shall be published on the official board of the court;
in justified cases it may also be published through
mass media.
§ 175
Letter of Rights objections inventory
(1) Anyone who was notified of the right of succession or who has applied to the court
his right to succession and whose participation in the management of the estate
been terminated, the court shall instruct the resolution that you can reserve inventory
inheritance, how can a reservation inventory of the estate apply and what are the consequences
when a reservation inventory of the estate apply.
(2) The application concerns the inventory of the estate court order provides
period of 1 month from the date it was notified of this right;
important reasons may be allowed to apply reservation inventory of the estate
extended.
§ 176
Notification Law reservation inventory
(1) Svéprávného known and present heir who is not her husband,
descendant of an ancestor or testator, the court shall notify law concerns
inventory either by giving them a resolution under § 175 delivers, or by giving them
resolution under § 175 promulgated.
(2) Other heirs than those referred to in paragraph 1, a court summons
law and inform the reservation list by giving them a resolution under § 175
declare and ask them affirmative whether to apply
reservation inventory; It does not apply, unless they can no longer effectively
reservation census exercise. Expressing heir shall be reported. If the heir
protocol does not respond or fails to act without properly apologized
, the reservation list does not apply; They shall be instructed.
(3) A person who has been declared, it is not necessary resolution under § 175
deliver.
§ 177
Estate inventory
(1) The court shall decide on the regulation estate or inventory,
justified by the circumstances of the case, his replacement list
survivor's assets drawn up by the administrator of the estate and that
confirm all heirs.
(2) present when the court heirs joint statement the Survivors
property, the court may by order decide that it will replace inventory
estate; in the event that an inventory of the estate has been ordered, the court
resolution stating canceled.
§ 178
Notification of an inventory of the estate
(1) If the court orders the inventory of the estate to notify the time and place of his execution
all persons have the right to be present and inventory
ask questions and comments at least 15 days in advance.
(2) Paragraph 1 shall not apply if notice of the time and place inventory
could seriously jeopardize the timely execution of the inventory. In this case, it is necessary to inventory
invite two witnesses; witness list may not be the
not fully sui juris, people who can not read and write, people
which they are otherwise entitled to be present inventory and raise questions and comments
and people close to them, as well as employees a notary who was in control of the estate
responsible for carrying out acts as a court commissioner.
§ 179
Protocol on the estate inventory
(1) The inventory of the estate shall be reported.
(2) The Protocol on the inventory of the estate, in addition to the general requirements
especially stating the reason for carrying out the census, census
who was present and what was on the list of questions and comments, a description of the assets of the testator
and where it is located and whether the property was secured and how.
Things and other property shall be described in such a way that it was possible to determine its identity and
to preclude its replacement.
(3) If the estate inventory is carried out without the participation of persons who otherwise
have the right to be present inventory and raise questions and comments (§ 178, paragraph
. 2) enter into the Protocol on the census also made statements witnesses
Inventory that were present throughout the inventory and the inventory
was conducted properly and completely.
Section 8
MSRP estate
§ 180
Determining the usual price
(1) Based on an inventory of the estate to the survivor's list of assets
joint declaration heirs of probate assets or identical data
heirs of the testator's property and on the basis of the same data heirs
liabilities of the estate determined by the usual order of the court
cost of property and other assets of the estate, the amount of debts and other liabilities of the estate and
net value of the estate, or the amount of over-indebtedness.
(2) If the court before the procedure to discuss the estate
finally completed, new facts justifying a change
order issued under paragraph 1, the necessary correction
separate resolution.
§ 181
Awards survivor's property
(1) When the survivor valuation of assets and debts zůstavitelových court of
based on a joint declaration of the heirs or the valuation performed by
who manages the estate. In justified cases the price can determine
expert opinion.
(2) The award is a decisive condition at the time of death of the deceased;
arose when valuing assets and liabilities of the estate after the death of the testator, it is
decisive condition at the time of their creation.
Section 9
Consideration heritage
§ 182
Negotiations
(1) Court to hear the case orders a hearing, unless stipulated otherwise
. The hearing is public.
(2) The hearing, the court will summon the heirs of the testator and the executor
other participants about their rights and responsibilities when dealing goes,
and their representatives and other persons whose presence is necessary.
(3) If they arrive to conduct the party or its representative, the court will allow
participation in the negotiations, although it has not been summoned.
§ 183
Decision without a hearing by
Negotiations need not be ordered,
A) if it is to be decided by stopping proceedings under § 153 or 154
B) acquires sole heir to the estate, which had no objection to the inventory
estate or property of the survivor list drawn up by the administrator
estate or by the court's statement of Survivors
property
C) if the estate accrue to the state because they do not inherit neither heir nor
by inheritance contract or a will, nor the statutory inheritance
succession, to become regarded as if it was a legal heir.
Section 10
Decision on inheritance
§ 184
Assumptions
(1) The court shall issue a decision on inheritance, if it was found to heirship and
survivor fortune, when you fulfill Nena deceased regulation
failing Regulation disposal of the estate and if it was shown to him that
been fulfilled obligations to the legatee, defined by law as a precondition for confirmation
heritage.
(2) The resolution referred to in paragraph 1 may also be a resolution under §
162 and 180.
§ 185
Decision on inheritance
(1) The decision on Heritage Court with effect from the date of inheritance rights
A) confirm acquisition of inheritance sole heir,
B) divide the estate among several heirs pursuant to Regulation deceased and
confirm acquisition of inheritance by division multiple heirs,
C) divide the estate among several heirs according to the third person
which the deceased was commissioned, unless such designation disregarded,
and confirm acquisition of inheritance by division multiple heirs,
D) approve the agreement on the division of the heirs of the estate, which is not in conflict with the law
and confirm it by acquiring multiple inheritance heirs
E) divide the estate among several heirs upon their request, when the
it met the statutory requirements, and certified by the division
acquire more heritage inheritors,
F) confirm acquisition of inheritance to heirs by more portions of inheritance, whose
amount was determined in accordance with the Law accord heirs, failing
estate division,
G) confirm acquisition of inheritance to heirs by more portions of inheritance of
Act, failing to divide the inheritance and even disagreement about the heirs
amount of inheritance shares or
H) confirms that the inheritance has been State if no heir is not inherited nor
by inheritance contract or a will, nor the statutory inheritance
succession, and that the state looks as if it was a legal heir.
(2) Pursuant to paragraph 1. a) and d) to g), the court proceeds also when
if the legatees and heirs of the testator because there was no
succession by inheritance contract or a will or legal succession
succession or inheritance that has not acquired any legit heir.
(3) The decision of the court below heritage
A) decide on a proposal from the legal heirs of succession to
settlement pursuant to § 1693 paragraph. 3 of the Civil Code,
B) decide or approve a settlement agreement for a compulsory part
nepominutelného heir, if it is claimed.
(4) The decision on heritage court also states the reason heritage, the reason of
what was split heritage and information about whether and heir who applied
reservation inventory that has been ordered hereditary succession || | establishment of the Trust succession, accompanied by time or otherwise,
who was called as a follow heir and under what condition and whether it can
leading heir to the legacy freely.
§ 186
Distribution estate
The distribution of the estate at the request of the heirs of the court based on the statement
who assembled for this purpose.
§ 187
Failure to approve the agreement
If the court does not approve the agreement on the division of the heirs of the estate or heirs
agreement on the amount of inheritance shares may continue the proceedings until the legal
power of this resolution.
§ 188
The effects of the ruling on inheritance
The ruling on inheritance
A) expires seal the estate and all measures taken to ensure
estate,
B) ceases administration of the estate; the obligations imposed by the provisions of § 190, paragraph
. 2 without prejudice,
C) is terminated proceedings on the estate.
§ 189
Exercising rights action
(1) Disregard If you are in management and decision-making on the estate
assets or debts of the testator due process under § 162 paragraph.
2 second sentence, § 172 paragraph. 2, second sentence, or § 173 second sentence, may
participants claim their rights lawsuit.
(2) A person who is not a participant as an heir at the time of the decision on
estate, does not preclude the legal force of the decision of the inheritance in making
his right to inheritance demanded action.
§ 190
Operations after control
(1) The court after the ruling on inheritance inform the authority which
maintains a public list or register in which are written things and rights of
survivor's fortune, about who became its owner.
(2) A person who administered the estate, reported after the decision on
estate known creditors and debtors of the testator, who according
decision on the estate acquired debt or debts of the deceased, and
bank branch abroad bank or savings and credit union,
who became the owner of the deceased person's account.
§ 191
Cancellation inheritance decision
(1) If it turns out that the deceased lived, the court shall revoke the decision on
estate and terminate the proceedings.
(2) After the ruling under paragraph 1, the court shall take measures to restore
zůstavitelových rights and responsibilities; follows a reasonably
under § 190.
Section 11
Additionally
clear
fashioned Estate
§ 192
Additional discussion at stopping the proceedings
When appears after the decision, which proceedings were stopped
inheritance (§ 153 and 154), the property constituting the assets of the estate,
possibly also a liability of the estate, the court will discuss heritage.
Legacy will not be discussed, if they appear only liability estate.
§ 193
Additional discussion after the decision on inheritance
(1) If there is after the decision on the estate property
which constitutes an asset of the estate, or whether liability of the estate, the court of
These will complement the existing management drawn up an inventory or list of assets
and liabilities of the estate; this does not apply when the assets or liabilities
to which due process under § 162 paragraph. 2, second sentence, § 172, paragraph
. 2, second sentence, or § 173, second sentence disregarded.
(2) He did not, if none of the heirs within the time periods specified that the court
discuss the legacy of the assets of the estate, which emerged only after
legal ruling on inheritance, rule, according to final || | decision on the estate also saw the acquisition of the assets of the estate
referred to in paragraph 1; in the case of inheritance was partitioned between
More heirs or the estate of the acquisition was confirmed by multiple heirs
according to portions of inheritance, the heirs shall become the property referred to in paragraph 1
in shares resulting from the executed successions. If
necessary, the court shall issue a resolution.
(3) The deadline to submit an application for consideration by the estate assets
estate, which emerged only after the decision on
estate pursuant to paragraph 2, the court determined in a decree
publish the official notice board court. This period shall not be less than two months.
Part 3
Acquisition heritage subsequent heir
§ 194
(1) the occurrence of an event for which the trust was established succession
if it was accompanied by inheritance limited time, conditional or otherwise, or if for any other reason
heritage take consequent heir, the procedure is appropriately | || under the provisions of parts 1 and 2. applicable reality, however, assessed at
day which passed postponement of inheritance law subsequent heirs, and to this day
is also subject to the effects of the decision on the estate.
(2) The decision of the inheritance the court will also decide on the obligation
subsequent heirs contribute relatively front heirs to what fulfiled
zůstavitelových payment of debts or nepominutelnému heirs to a compulsory part
.
Section 4
Disposal estate
Section 1
Regulation liquidation estate
§ 195
Assumptions
(1) The court shall order the heir to the proposal, which suggests reservation of inventory, or
to the draft law, which should accrue to the estate because he does not inherit any
heir or by inheritance contract or a will, nor the statutory inheritance | || succession, to which looks as if it was a legal heir, or to
a creditor who has proved his claim, which corresponds debt
belonging to the liabilities of the liquidation assets, the liquidation of the estate, if
) Are not met the conditions for terminating proceedings on the estate by
§ 153 or 154
B) using the assets belonging to the joint property
deceased and his spouse perished when the marriage of the testator's death
(§ 162)
C) was determined overindebtedness assets of the testator (§ 180)
D) has not yet been a final decision on succession (§ 184-187).
(2) The court may order the liquidation of the estate's own motion, if
met the conditions set out in paragraph 1 and if required by the public interest
.
§ 196
Decision on ordering liquidation
(1) The regulation of liquidation of the estate decides the court ruling.
(2) The court, in its resolution referred to in paragraph 1 shall always a)
invite creditors of the testator, so for him to lodge their claims within a period which
down and not be less than three months since the ruling, | || b) instruct the lender, what are the consequences if their claims
not register properly and on time.
(3) A resolution under paragraph 1 may also be a resolution under §
162 and 180.
(4) The writ of disposal of the estate was put up in the day when
was issued on the official board of the court before which proceedings are pending on
estate; In justified cases it may be
resolution also published through the mass media.
§ 197
The appointment of the liquidation administrator
Court appoints an administrator of the liquidation, once the liquidation procedure
estate turns out that it requires the need for management and monetization
property belonging to the winding nature of the liabilities and disputes
liquidation estate. In case that was not named in the writ
liquidation, winding up the court appoints an administrator in a separate resolution.
§ 198
Effects of regulation on liquidation or other proceedings
(1) Following the publication of the decree on the regulation on the disposal of the estate
official board of the court can not order and carry out the decision or execution,
which affected property belonging to the liquidation estate.
Performance decision or execution, which affected property belonging to
liquidation essence, the effective date of the writ of liquidation estate
stops; participants in enforcement proceedings or
execution shall immediately notify the court where the proceedings are conducted.
If enforcement proceedings or seizure of property related
registered in the Land Registry, the court shall notify this fact also
land registry office.
(2) Other proceedings concerning the property belonging to the winding nature
Liabilities or liquidating nature and the participant
the testator or the person who administered the estate, will legally be able to writ
liquidation estate is stopped; this does not apply if the
A) granting or enforcement zůstavitelových claims or other rights which belong to
asset liquidation essence,
B) the dispute or another legal case before the court in civil proceedings
whose object is the essence of liquidation deficit,
if the lender properly and timely signed up
C) the dispute or another legal case whose decision can lead to a clarification of the scope
asset liquidation estate.
§ 199
Transition Management
The date of posting of the writ of disposal of the estate on the official board of the court
Administration passes on the liquidation of the estate administrator or, if
not yet liquidation administrator appointed to a notary who was in control of the estate
responsible for carrying out acts as a court commissioner
(hereinafter referred to as 'liquidation administrator or notary'); to force a resolution on liquidation of estate
regulation may perform only those tasks which can not be delayed
.
§ 200
Other effects regulation liquidation
Effective date of the writ of liquidation estate lapse
A) inheritance rights zůstavitelových heirs or the state's right to escheat
heritage because they inherit no heir either by inheritance or contract
wills, nor by legal succession, and that the state visor
as if it was a legal heir; This does not affect the right to release the winding
surplus
B) references established by the testator,
C) rights to a piece,
D) the rights of certain individuals to pension and other rights that arose after the death of the testator
about which the law provides that it is satisfied
heirs of the testator or that they are satisfied from the estate,
E) separation of the estate,
F) the testator orders, mandates, powers of attorney and other procuration including
its unilateral legal acts which would otherwise continue after his death
,
G) function executor and administrator of the estate,
H) liabilities of the estate, of which this is provided by this Act.
§ 201
Effects on debts and receivables
Effective date of the writ of disposal of the estate to claim
A) adequate debt, which belongs to liquidation of liabilities essence, become
payable if the lender properly and timely signed up
B) against third parties, which are secured by the property liquidation
essence, become for the purpose of winding up the estate payable
if their lender properly and timely applied and if within a specified
applications also asked of satisfaction from the security.
§ 202
Conclusions and seizures
(1) If ordered to seal the estate and unless the resolution
decided otherwise, the measures taken so far, even after legal force
writ of disposal of the estate.
(2) After the posting of the writ of disposal of the estate on the official
board of the court upon the motion of the liquidation administrator or its own motion
ensure that property belonging to the liquidation estate; the provisions of § 149 to 151
shall apply mutatis mutandis.
Section 2
Liquidation administrator
Subsection 1
Establishment and termination functions
§ 203
The appointment of the liquidation administrator
(1) The court shall appoint a liquidation trustee person who is registered in the list
insolvency administrators, by the Ministry of Justice under another
legislation. This person may liquidation trustee's appointment
refuse only on serious grounds.
(2) If the liquidation administrator can choose from a list of insolvency administrators
, the court appoints a liquidation trustee person who satisfies
prerequisites for entry into the list of trustees
under another piece of legislation and that its agrees to the appointment.
(3) The liquidation trustee may be appointed only one who has the whole
tenure as liability insurance for damages that might arise in the performance
function of the liquidation administrator or in connection with
him.
§ 204
Appeal the liquidation administrator
(1) The court revokes the liquidation administrator when
A) on request of the important reasons
B) there is because of its relation to the case or to the participants
reason to doubt his impartiality,
C) does not perform its function properly.
(2) If the court decides on the appeal of the liquidation administrator appointed by simultaneously winding up
new manager; proceeds pursuant to § 203.
(3) Newly-appointed liquidation manager will perform their duties
day of the resolution on his appointment. For important reasons, the court
decide that their function will perform already on the day in which he was delivered
resolution pursuant to paragraph 1
(4) Waived liquidating trustee is obliged to properly and without undue delay inform
winding up of the new manager and give him all
documents relating to the exercise of his functions.
§ 205
Termination function of the liquidation administrator
(1) Functions of the liquidation administrator terminates, whichever is legal fact,
with which other legislation combines the extinction of the right to perform activities
insolvency administrator.
(2) If a function of the liquidation administrator pursuant to paragraph 1
court immediately appoints a new manager winding up; proceeds pursuant
§ 203.
Subsection 2
The rights and obligations
§ 206
Meetings of the liquidation administrator
(1) Liquidation manager
) Shall administer the property belonging to the winding nature to the extent
stipulated by law,
B) acquire and maintain a list of property belonging to liquidating assets,
C) acting in place of the testator or the persons who previously managed
estate, as a party of civil or other proceedings whose object
assets or liabilities of liquidating assets,
D) carries over the assets of liquidating nature of other tasks that
prescribed by law or which obliged him to court.
(2) Liquidation manager is acting in the exercise of their functions on behalf of the account
estate. Indicates a manner from which it must be clear that this is
as liquidating trustee and of which the testator concerns it managed
liquidating nature.
§ 207
Persons performing acts of destruction in the appointment of the liquidation administrator
(1) If appointed, shall exercise the liquidation of the estate
liquidation administrator, unless stated otherwise.
(2) The liquidation administrator may instruct his employees to his name
and his responsibility carry out the liquidation estate of the individual,
preparatory or partial operations.
(3) person other than the employee may be individual acts during the liquidation of the estate
done on behalf of the liquidation administrator and under his responsibility
based on a written power of attorney given to it explicitly authorizes.
§ 208
Damages
(1) The liquidation trustee is obliged to proceed with the performance of his duties
professional care.
(2) Liquidation manager responsible for damage or other harm to property
he caused in the performance of his duties or in connection with
breach of duties imposed by law or by a court, or a breach of good manners
; This responsibility can not be waived, unless the damage
or other harm to property occurred otherwise.
(3) Pursuant to paragraph 2 corresponds to the liquidation administrator only for damage or other
property damage he has caused himself, but also for damage or injury caused
other persons mentioned in § 207 par. 2 3rd
(4) The right to damages under paragraphs 2 and 3 shall be forfeited upon the lapse
3 years from the date when it was finally completed the liquidation of the estate.
Subsection 3
The remuneration and compensation of the liquidation administrator
§ 209
Remuneration, expenses and compensation for the value added tax
(1) The liquidation administrator has the right to remuneration for acts that did
personally or through persons referred to in § 207 par. 2 and 3, in the exercise of their functions
or in connection with the compensation of cash expenses
when it incurred and, if the payer of value added tax, also for compensation for
value added tax.
(2) The right to remuneration and compensation for the value added tax from the remuneration
referred to in paragraph 1 has just liquidating trustee who was not of his functions
dismissed under § 204 paragraph. 1 point. C).
§ 210
Payment of remuneration and compensation
(1) The right to remuneration and reimbursement of cash expenses and VAT
value of the liquidation administrator court decides its own motion in the decision
which governs the liquidation of the estate in the first stage ends.
(2) Remuneration and reimbursement of cash expenses and value added tax
manager of the liquidation shall be paid from the assets of the estate under liquidation
Decision management during the liquidation of the estate in the first instance
ends; become liable for settlement of the liquidation administrator rights to remuneration and compensation
.
§ 211
Backup
(1) The court may liquidation trustee upon his request, during the liquidation of the estate
reasonable advance on his remuneration and his cash
expenses.
(2) gave the court an advance liquidation administrator pursuant to paragraph 1
pay a fee and reimbursement of cash expenses of the liquidation administrator in the amount
provided adequate reserve assets from the winding nature of the resolution by
state.
Section 3
Winding essence
Subsection 1
Content and scope of asset liquidation essence
§ 212
(1) The assets of liquidating nature constitute
A) the estate of the deceased, who owned the day of his death;
It does not apply to property in settlement of property belonging to the joint property (§
162) fell to the deceased's spouse, and the rights linked only to his
person
B) claims and property rights, which arose after the death of the testator
which have their origin in legal facts that occurred during his life,
and which belonged to the deceased without any further if he had not died,
C) the right to settlement of property that has been canceled or has expired
narrowed during the life of the deceased and of outstanding
D) property of third parties from which it can be satisfied by the testator
receivable since escaped ineffective legal acts of the debtor's assets
testator, if it was the ineffectiveness of legal actions of the debtor based
court ruling
E) compensation for the property referred to in subparagraph d), unless it is well possible
seek satisfaction of the deceased person's debts from this property
F) assets, which applies that belongs to liquidation estate (§ 225)
G) other assets, for whom it is prescribed by law.
(2) The assets of liquidating nature also includes accessories, fruits and benefits
property referred to in paragraph 1
Subsection 2
Finding liquidation of assets essence
§ 213
Acts
Unless stated otherwise, the actions necessary to determine the asset liquidation
nature is liquidation administrator or notary; It adheres to the guidelines
court.
§ 214
Finding facts about the property
(1) The assets of liquidating nature finds liquidation administrator or notary
primarily from an inventory of the estate of the survivor list property
from the joint declaration of the heirs of probate property or the same data
heirs or the estate inventory if it has been
executed.
(2) The liquidation administrator or notary performs investigations necessary to clarify whether
belongs to liquidation essence of property that remained in discussing
estate controversial and which has thus far not been considered (§ 162 paragraph.
2 second sentence, § 172 paragraph. 2 second sentence).
(3) The liquidation administrator or notary will investigate whether there is another, as yet unknown
, property which belongs to liquidation estate. While taking care to
was found all property that belongs to liquidation estate (§
212).
§ 215
Disclosure
(1) Anyone who knows the facts about the property belonging to the liquidation
nature or where it is or where it is located, is the challenge
communicate liquidation administrators and notaries; reject it can only communicate
one who could then according to the Code of Civil Procedure do as a witness.
(2) Any person who maintains lists or systems in which they are contained data on
property that belongs or may belong to liquidating assets, enabling administrators
liquidation or notaries charge
finding the necessary information, and that, if operated through remote access
.
(3) did not the court decides otherwise, the liquidation manager may invite the Communication
facts referred to in paragraph 1 or ascertain information pursuant to paragraph 2
only with the prior consent of the court.
§ 216
Disputed property
(1) If liquidation administrator considers that in essence belongs to liquidation
property, which according to the information under the list system or
listed in § 215 paragraph. 2 did not belong to the substance of a liquidation, announces
's court. The same shall apply, if applicable for the liquidation administrator or someone
court the right to property, which maintains that it was not to belong
into liquidation estate.
(2) The court shall examine the notice of the liquidation administrator and an assessment
all known relevant facts grant liquidation instruct the administrator
whether or not these assets continue to be regarded as a property that belongs to liquidation
nature.
§ 217
Reimbursement
Whoever told liquidation administrators or notaries fact, according to §
215, paragraph. 1 shall be entitled to reimbursement of cash expenses. This right shall expire
unless exercised by the court or the liquidation manager within 3 days
of the communication occurred liquidation administrators and notaries;
about the liquidation administrator or notary is obliged to provide guidance.
Subsection 3
List of property liquidation essence
§ 218
Acquisition and list management
(1) Based on the findings made pursuant to § 214 and 215 and the instructions
court under § 216 par. 2 liquidation administrator or notary taken and continues to lead
list of property that belongs to liquidation estate; ensure, when the instructions
court.
(2) Should it in time before the end of the final disposal of the estate
show other property that belongs to the essence of liquidation, liquidation
administrator or notary shall immediately complete list.
§ 219
Marking property list
(1) The assets of liquidating nature is entered in the list under separate
items.
(2) The assets of liquidating the nature of the list referred to in a manner that enables its
proper identification. Unless it is well possible, an indication
least so as to be identified and to exclude
its replacement.
§ 220
Inspection List
Anyone who can prove a legal interest or whoever, for it has serious reasons
can consult the list of assets and liquidation nature make of him
extracts and copies.
§ 221
Notification of inventory
Once the liquidation administrator or notary shall enter the liquidation
essence of the property, which is recorded in lists or systems kept
under other laws, it shall forthwith notify the person who
these lists and systems leads.
§ 222
Announcement inventory
Assume, if the property as part of the liquidation essence based on an instruction
court granted pursuant to § 216 par. 2, liquidation administrator shall immediately notify
inventory of property to those who according to information arising
lists, or systems listed in § 215 paragraph. 2 should belong, or
him who exercised the right to property which, in his opinion
not allow belonged to the liquidation estate;
same time, it prompts you to its right to commence proceedings, and instruct you in what period and
against whom action is brought.
§ 223
Removal from the list
If it turns out that the list of assets of liquidating nature was written
property, although her properly belong, liquidation administrator or notary
approval of the court or on the instructions of the court to remove it from the list. If it is a
property, which is recorded in books or systems maintained by
other legislation, it shall forthwith notify the person who
these lists and systems leads.
Subsection 4
Exclusion from liquidating nature
§ 224
(1) Whoever asserts that certain assets belonging to liquidating assets,
because it does not allow its right to property, the action could seek
exclusion of designated assets from liquidating assets.
(2) The petition must be filed against the liquidation administrator within one month from the date
on which the applicant was served inventory under § 222. The deadline is
maintained if there is an action to the competent court on the last day | || deadlines; missed deadline may not be waived.
§ 225
Was where the action is brought pursuant to § 224, if the proceedings in the action stopped
if it was dismissed or if the action is dismissed, the
property belongs to liquidation estate.
Subsection 5
Asset Management liquidating nature
§ 226
The extent of the rights and obligations of the liquidation administrator or notary
Unless stated otherwise, the liquidation administrators or notaries
belongs in the administration of property belonging to the liquidation essence of all rights and obligations
that the Civil Code otherwise entrusts asset managers in
full fiduciary.
§ 227
Acts Court in trusteeship liquidating nature
(1) The funds belonging to the liquidating liquidation liquidator may
administrator or notary impose only such account with a bank that had to
That purpose by the court. The same is true in the case of the adoption of the performance
cash funds to meet claims belonging to the liquidation of assets
nature.
(2) Terminate the business operation of the plant belonging to the liquidation of assets
nature or its affiliates liquidation administrator or notary
allowed only with the approval of the court. In the exercise of shareholder rights in respect of shares
members of liquidating assets, rights and obligations of other
trading company attached to the shares, which belongs to liquidation
nature, and the rights and responsibilities of team members, it belongs to || | cooperative share in liquidating assets, liquidating trustee shall proceed according to the instructions
court.
(3) The liquidation administrator or notary may conclude
under usual business conditions and only with the prior consent of the court
A) the loan agreement, the loan agreement or similar agreement,
needed to obtain funds to manage the liquidation of substance,
B) contracts for the supply of energy and raw materials needed to operate the business establishment
testator or its affiliates.
(4) The court may, in individual cases, for serious reasons, provide that
liquidation administrator may legally negotiations to property belonging to
liquidation of the estate only with the prior approval of the court or the completion
conditions set by the court. Subsidies and repayable financial assistance from
state budget, as well as other property belonging to the liquidation
nature with which you can by another law to deal only
manner for which it was designed, it may be a liquidation trustee or notary | || used only in the manner specified by other laws;
liquidation administrator or notary he needed the consent of the court.
§ 228
Costs for lack of funds
(1) Where insufficient to manage the property belonging to the winding nature and
to the monetization of monies from the liquidation
nature or based on contracts entered into liquidation trustee, pays these costs
state.
(2) The payment of costs under paragraph 1, the court order on the proposal of the liquidation administrator
or without it.
(3) The State has the right to have his expenses paid under paragraph 1
were paid from the proceeds of the liquidation of assets liquidation estate.
§ 229
Participation in the liquidation administrator to control
(1) If the day on which the writ of the liquidation estate
posted on the notice board of the court, a civil court,
administrative, fiscal or other proceedings concerning the property belonging to
liquidation liquidator or liquidation of liabilities the nature of which was not yet a party
testator or the person who administered the estate, or for management action brought
set aside in favor of claims belonging to the liquidation
essence of the testator or the person who administered his estate,
becomes a liquidation manager that date the participant on the spot
testator or the person who administered the estate, if the liquidation administrator
to this day appointed; otherwise the date on which he was appointed.
(2) After a day in which the writ of disposal of the estate
posted on the notice board of the court might be proceedings before a court, administrative
authority or other authority concerning property belonging to
Liquidating the essence or nature liquidation of liabilities or proceedings
set aside in favor of an action brought claims belonging to the liquidation
nature initiated only upon the liquidation administrator or brought against
liquidation administrator; otherwise the proceedings will be suspended.
(3) In proceedings under paragraphs 1 and 2 may be decided on liabilities
liquidation of the estate only identifying the base or the amount of rights that has been the subject
management; This is true even if the management did not change the design.
§ 230
Costs
(1) In proceedings under § 229 of the participants had no right to reimbursement of the costs
against liquidation administrator; this does not apply if the
costs incurred by the fault of the liquidation administrator or accident
that occurred to him.
(2) Costs paid by the liquidation trustee in proceedings under § 229
represent his cash expenses.
(3) Compensation costs awarded by a liquidation administrator belongs to liquidation of assets
nature.
Subsection 6
Liquidation of assets liquidation essence
§ 231
Making monetization
(1) The liquidation of assets belonging to the essence of the liquidation proceeds with
prior approval of the court or notary liquidation administrator.
(2) The court in its prior consent shall only way to monetize (§
232) and a range monetized estate, but also the price or other terms
that must be met when monetization.
(3) The act of liquidation of assets belonging to the winding nature can not,
if it was carried out without prior court approval or contrary to the conditions laid down
court.
§ 232
Selling Monetization
(1) The assets belonging to the winding nature can be cashed in by selling
A) in an auction conducted by the court under the provisions of another law
of enforcement or execution,
B) contract, which concludes with the purchaser liquidation administrator or notary
C) in a public auction conducted by auctioneer
another legal regulation
D) in an auction conducted by the judicial executor
another legal regulation.
(2) the manner specified in paragraph 1 and monetize the whole estate, her
certain sections or individual tangible and intangible things.
§ 233
Monetization lender
(1) serious if the property belonging to the liquidation or the nature of the pledge
lien, the court creditor secured claims in its draft resolution
allow himself held monetization stopped or detained
things, if It has validly agreed that it can monetize agreed
way, and if such monetization things not contrary to the interests
another lender. To monetize the case, the court determines the creditor reasonable period
which runs from the date of the decree.
(2) The creditor whom the court allowed the liquidation of assets belonging to
liquidating assets, and
) exercise effective date of a resolution under paragraph
1
management arrest and detention of things instead of winding administrator or
notary
B) may after the date of the resolution referred to in paragraph 1
stopped or detained thing monetize determined in a manner which is agreed in writing
to stop, lien debtor or the debtor;
important reasons, the court may, upon request deadline extended to monetize things.
(3) The right of the creditor to carry out liquidation of arrest and detention of things
lapse before the expiry of the deadline date on which the court will
his announcement, which waives that right.
§ 234
Submission proceeds
Lender who coined the property belongs to liquidation essence, cast
always proceeds from the realization court and shall report to the court on the progress of monetization.
§ 235
Finding
prices
(1) Before the monetization of assets belonging to the winding nature
manner specified in § 232 paragraph. 1 point. c) or d) must be determined price
property appraisal, in the case of property, plant business, branch
business establishment or thing declared a cultural monument.
(2) The report referred to in paragraph 1 may develop only expert whom
appointed by resolution at the request of the liquidation administrator or its own motion
court.
§ 236
Acquisition of assets from liquidating nature
(1) A person who has acquired the assets belonging to the winding nature
methods specified in § 232, came to him the ownership right
A) the date on which acquires property at an auction conducted by the court of
provisions of another law enforcement or execution,
at a public auction conducted by auctioneer
another legal regulation, or at an auction conducted court
executor by other legislation, or
B) the date on which acquires ownership of the transfer of ownership rights on
under contract.
(2) A person who has acquired the assets belonging to the winding nature
manner specified in § 233, came to him the ownership right on the day, which acquires ownership
at
A) a public auction conducted by auctioneer other legislation or
B) the transfer of ownership rights under the contract.
(3) A person who has acquired ownership of the assets of the liquidating nature
methods specified in § 232 and 233, while also acquires the rights and obligations associated with things
and defects tied to things except for reinsurance liabilities || | inheritance and secure debts of third parties.
(4) If monetized assets registered in the public or another list,
liquidation administrator or notary shall promptly notify whomsoever such
List of leads, acquire ownership of the asset monetization, monetization method
carried out, the person acquiring or termination to ensure stagnant
on the property; It does not apply if the notification is made
auctioneer or bailiff, if it was monetized assets at public auction
made by another law or auction conducted
executor under a different legislation.
(5) If a lien, which stalled on the liquidation of assets entered in the register of pledges
, liquidation administrator or notary shall issue acquirer
confirmation of his demise.
§ 237
Accrual of state property
(1) The assets of the testator belongs to liquidation essence, that
failed to monetize goes to the state; the proposal of the liquidation administrator or
own motion on the resolution decided by a court. Failed If the monetize
property of third parties, which belongs to liquidation essence, the court
order of its own motion removed from the list of assets liquidation estate.
(2) The property, which had been decided pursuant to paragraph 1 that goes to the state, the state
accrue on the date of the resolution.
(3) The provisions of § 236 paragraph. 3 and 4 shall apply mutatis mutandis.
Section 4
Logging receivables
Subsection 1
Liabilities liquidating nature
§ 238
Range
(1) Liabilities liquidation costs constitute the essence of the deceased person's funeral
well as the debts of the deceased, who had at the time of death, and the debts incurred after
death of the testator, which originate in the legal facts on which
should carry out the testator, if it has not prevented him from death, except
A) interest and default interest which they accrued after the ruling
regulation of disposal of the estate,
B) contractual penalties agreed or imposed for breach
contractual obligations which arose right after the death of the testator
C) receivables from donation contracts
D) fines, penalties and other sanctions that were imposed after the testator
breach of contractual obligations arose when entitled to them after the death of the testator
.
(2) Liabilities of liquidating nature also include the debts of receivables that
arising from contracts concluded in favor of the estate or property belonging to the liquidation
nature
A) those who manage the estate at the time of liquidation in regulation
estate,
B) the liquidation trustee or notary.
(3) The liabilities of the estate (§ 171 paragraph. 2), which does not liabilities
liquidating the estate under paragraph 1, and the corresponding receivables
lapse effective date of the writ of disposal of the estate.
§ 239
Satisfy claims
(1) satisfaction can be disposed estate just such
receivable, which corresponds to the debt, which belongs to liquidation of liabilities
nature, and which has been applied or which has been communicated to the court,
considers to be a filing for the application.
(2) Although not signed in, meet with the liquidation of the estate
also claims arising from contracts with liquidation
administrator or notary and other receivables, of which this is provided by law.
Subsection 2
Application
§ 240
Filing
(1) The creditor whose claim corresponds to the debt that belongs to liquidation of liabilities
nature, can apply from the date on which the resolution on liquidation
regulation published on the official board of the court until the expiry of the deadline
, which was determined in the writ
liquidation estate. The deadline is maintained, if there
application to the competent court no later than the closing date; missed deadline may not be waived.
(2) The court shall reject the application resolution,
A) if the request was late,
B) if it was made by someone who is not entitled to the filing,
C) if submitted a claim, which corresponds to the debt, which does not belong to
liabilities liquidation estate.
§ 241
Applications must
(1) The application must contain in addition to the general requirements for filing set
Civil Procedure statement of the facts on which the claim of the creditor
based and quantification of principal debt and its
accessories in Czech crowns. Quantifying in Czech crowns
needs to be done, even if it is a non-monetary claim, a claim indefinite
above or receivable in foreign currency.
(2) In the case of an enforceable claim, the application must be further
Portrayed the facts on which the enforcement is based.
(3) If the application does not contain all the prescribed requirements or if
application is vague and incomprehensible court resolution appeals to the creditors
to complete the application or repaired within a period to be determined which may not be
less than 15 days from receipt of order; while creditors instruct
as is necessary to complete or correct the application to perform.
(4) The application, which was not timely or properly repaired, the court rejects the resolution
, it is not possible to examine its shortcomings
register the claim; about the aftermath of the creditor shall be informed.
§ 242
Secured receivables
If the mark receivable is secured by property belonging to the liquidation
essence, the creditor no later than the last day of the deadline set for filing
court to state the facts on which it is based
securing and when it began, and ask of satisfaction from the security, otherwise
to secure the claim disregarded.
§ 243
Application satisfying the debt of a third party to ensure
(1) If a creditor has a claim against a third party who is assured
property belonging to liquidating assets, creditor logs
right to satisfy the claim from the security.
(2) The provisions of § 241 and 242 shall apply mutatis mutandis.
§ 244
Conditional registration
(1) Application of the claim that corresponds to the debt, which belongs to liquidation of liabilities
essence, is without prejudice to the right of the creditor to satisfy
claims from third parties, the respective creditor jointly and severally to
testator, or creditor's right to satisfaction of
collateral provided by third parties.
(2) Persons after which the creditor may require performance under paragraph 1
may claim that incurring satisfaction creditors and which corresponds
debt, which make up the deficit liquidating assets, conditionally to sign
in case of actual satisfaction of the creditor.
§ 245
Announcement receivables
The application is considered filing creditors, who announced his
claims court at the time of the initiation of the estate in liquidation estate
regulation, but only if it contains all the elements
applications mentioned in § 241 paragraph. 1 and 2 and § 242.
§ 246
Aftermath claim reimbursement application
(1) Where a lender considers an application or if his submissions
application (§ 245), the limitation period and the period for termination rights
stops running, with effect from the date on which it was writ
liquidation estate published on the official board of the court; It does not apply
If the application was rejected.
(2) The provisions of paragraph 1 shall also apply if fulfilled if the condition
claims filed with the application only conditionally (§ 244).
§ 247
Attachments application
(1) The creditor is obliged to attach to the application papers, which relies
application, as well as papers that demonstrate the enforceability
claim if it was a creditor in the application contended.
(2) exercised if the creditor timely right to satisfy the claim of
collateral is required to simultaneously submit court papers that the alleged
right to demonstrate.
(3) The creditor whose administration considers the application (§ 245), and that
court has not yet submitted documents referred to in paragraph 1 or 2 shall
do so within 15 days from the date the resolution on
ordering liquidation of the estate came into force.
(4) If a creditor has failed to fulfill obligations under paragraphs 1 to 3, the court
saved him that the documents submitted by post within a period to be determined, and that
not be shorter than 10 days. In the event that the instrument still does not
submitted to the court disregarded continue to portray those facts to prove
which have not submitted papers to serve.
§ 248
Waiver claim met
(1) A creditor who asserted a claim application or notification, which is considered
application, as well as creditor who has a right to satisfy
debts, even if not registered, may at any time during || | liquidation estate waive fully or partially the right to satisfy their claims
.
(2) Waiver of court settlement of the claim resolution takes note
.
(3) A person who has renounced the right to satisfaction of the claim can not be at the disposal of the estate
re-assert the same claims.
§ 249
Extinction debts
She
If a claim during liquidation of estate wholly or partly
otherwise satisfied or disappeared and did not give up if the creditor is entitled to its
satisfaction of the court resolution decides that the lender entirely or to the extent
extinction debt lost the right to satisfy claims from property
belonging to the liquidation estate.
Subsection 3
Review receivables
§ 250
List of receivables
(1) Receivables, whose application was finally rejected by the court,
debts which creditors exercised announcement, which is considered
application, and claims shall be satisfied upon the liquidation
estate, though not lodged, the court stated in the list
claims.
(2) Any claim recorded in the list below as a separate item;
Mark at the particular brief facts on which the creditor
according to the constitution, the lender made a quantification of the principal debt and its
accessories in Czech crowns, according to whether the claim of a creditor
enforceable claim and whether claimed satisfaction from the security.
(3) Any person who can prove a legal interest or whoever, for it has serious reasons
can consult the list of claims and to make excerpts and copies.
§ 251
Negotiations
(1) to review claims court orders a hearing so that
held sooner than 20 days after the deadline, which was in the writ
disposal of the estate determined for submission of claims.
Negotiations are private.
(2) The hearing, the court will summon the creditors who are parties
their representatives and other persons whose presence is necessary.
(3) The summons to the hearing shall be published on the official board of the court in which
proceedings on the estate; In justified cases it may be
also published through the mass media.
(4) If they arrive to conduct the liquidation administrator, the court will allow him to participate in negotiations
.
§ 252
To change the time or place of negotiations
(1) For serious reasons, the court may change the time or place of the hearing, which
ordered to review the claims.
(2) request the lender to adjourn the hearing is a serious cause pursuant to paragraph
one yen if it prevents him if the obstacle not only to participate in the negotiations, but also in
how to choose a representative who would He appeared at the hearing.
(3) Changes If the time or place of the hearing, the court shall proceed in accordance with § 251 paragraph. 2 and 3
§ 253
The review claims without a hearing by
Hearing to review claims need not be ordered,
A) if the list of claims registered only a single asset or
B) if the lenders have waived participation in the review of receivables
at the hearing, or agrees with the examination of claims without regulation
negotiations.
§ 254
Nepřezkoumávané receivables
(1) Receivables are reviewed during the review hearing list
claims.
(2) omit the court decides otherwise, they do not examine the claim that
arising from contracts with the liquidation administrator or notary.
§ 255
The review claims in the negotiations
(1) The court examined claims regarding each expressly indicate whether it
can be considered on the basis of an assessment of all known relevant facts
arising from the submitted documents and other evidence for
proven and in what amount; while disregarding the facts to prove their
creditor, notwithstanding the tardy court papers (§ 247
par. 4).
(2) In the case of an enforceable claim awarded by a final decision
court or other competent authority, the court assessed pursuant to paragraph 1
newly only the relevant facts that were not or could not be applied in
management, which was issued this decision. If it was
creditors' claims awarded a final decision of a court or other competent authority
, it can not be considered unproven
just under a different legal assessment of those facts that have been implemented or are otherwise known in
proceedings in which was issued this decision.
(3) The limitation claims court will consider only if either of
creditors objected by the time of the review, the review
hearing.
(4) exercised if the creditor is entitled to satisfy the claim of collateral,
Secured on property belonging to the essence of the liquidation, the court proceeds
similarly under paragraphs 1 to 3
§ 256
The denial of claims or rights to satisfy a claim
(1) If the court stated that it considers the claim or the right to satisfy
claim from the security to be established may be other lenders who
they came to the meeting to express whether or totally deny what
amount.
(2) The provisions of § 255 paragraph. 2 and 3 for denying claims or rights
to satisfy the claim for ensuring that other creditor
apply mutatis mutandis.
(3) denied if another creditor or the creditor's right to
satisfy the claims of reinsurance and stayed a court to conclude that
can be considered proven, the court invites creditors to comment whether
demands that it disclaimed claim or a denial of the right to
satisfy the claim from the security or the denial of
been applied in court action.
§ 257
Certainty
(1) The creditors who informed the court that requires it disclaimed
asset or a denial of the right to satisfy the claim from the security
or the denial of recourse in a court action, the court
Resolution stores to lodge in court security for costs of
action and damages or other harm that would arise
unjustified denial of the claim or right to the satisfaction of securing or their
parts; simultaneously determine deadline for a security and learn denying
lender about the consequences of that, if the security is not lodged in time.
(2) The security court sets of one-third disclaimed claim
popřeného right to satisfy the claim of collateral or
disclaimed parts of at least CZK 10 000 and a maximum of CZK 100 000.
(3) Since the imposition of the payment of a security or a court resolution dropping,
asked if the creditor and denying it proved if the court that they were with him
met the conditions for exemption from the court fees by || | civil Procedure, as then, when he took back his denial.
§ 258
Minutes outcome of the negotiations
Result of the examination of claims and rights to satisfy the claims of the court shall ensure
after the meeting in the list of claims.
§ 259
The review claims without a hearing by
(1) The court in respect of each claim and each claimed the right to
satisfy claims from reinsurance assess whether it can be placed on
consideration of all known relevant facts arising from
submitted documents and other evidence as
proven and in what amount; proceeding in the manner described in § 255.
(2) When conducting the examination of claims and the rights relied on
satisfy the claim of collateral without ordering a hearing, they can not deny
other lenders.
(3) Its conclusions on the review of claims and the rights to satisfy claims from reinsurance
without a hearing by the court indicated in the list of claims.
§ 260
Notification of creditors
(1) The court shall invite creditors to action under the Civil Procedure Code
sought a declaration that the claim belongs to him and in what amount,
or she has the right to satisfy the claim of collateral, if
A) when reviewing claims by negotiation or without a hearing by
he concluded that his claim or to exercise a right to satisfy
claim from the security can not be totally or partially proven
B) his claim or to exercise a right to satisfaction from the security
denied by another creditor, which in time passed before the court specified security or
in which the court from a security decisions by dropping unless it subsequently took
his denial back.
(2) In the resolution referred to in paragraph 1 court lender also instruct you in what period and
against whom action to bring and what are the legal consequences if it fails to
action at all or in a timely manner.
§ 261
Exclusion notification
The provisions of § 260 shall not apply occurs when a creditor has a claim
judicial proceedings to which the participant became a liquidation trustee (§ 229).
§ 262
Action on the determination of the claim or the right to satisfy the claim of ensuring
(1) dismiss the determination that the creditor entitled receivable and in what amount, or
the determination that the creditor is entitled to satisfy the claim of ensuring the
Submitted within one month from the date the notice was delivered to the creditor
under § 260. The period is maintained if there is an action to the competent court of
later than the last day of the period; missed deadline may not be waived.
(2) The petition must be filed against the liquidation administrator; If a claim denied
creditor or to exercise a right to satisfaction of securing another
creditor must also be instituted against popírajícímu creditors.
(3) More than one defendant has an action status
inseparable companions of Civil Procedure.
(4) Liquidation manager you for your progress in proceedings require court
instructions and follow them.
§ 263
Decisive in its application
Creditor may apply in the application only those facts which he
in the management of the estate until the end of the meeting, which was his claim or
to exercise a right to satisfy claims from reinsurance reviewed
or, if there has been no review of the regulation of negotiations until such time
court said in a list of claims that the claim or right to satisfy
claim from the security can not be regarded as proven.
§ 264
The power and jurisdiction to hear the action
(1) Claims for determining a claimant belongs receivable and in what amount, and
action on the determination that the creditor is entitled to satisfy the claim of
ensuring discussed and decided by the courts in civil proceedings.
(2) To hear and decide complaints referred to in paragraph 1 shall in the first instance
respective district courts.
§ 265
The proceedings and decisions
(1) exercised if the creditor action, claim or right to satisfy
receivables from reinsurance, which have been allocated
final decision of a court or other competent authority in the court case to be heard
take evidence only of those decisive facts that
not or could not be applied in proceedings in which it was issued
final decision; matter of fact that were applied in
procedure in which the final judgment is bound.
(2) The court's decision on the application, which the lender has exercised
claim or right to satisfy the claim of collateral that have been allocated
final decision of a court or other competent authority,
can not rely on a different legal assessment same relevant facts.
(3) The court's decision on the application, which the lender has exercised
claim or right to satisfy claims of reinsurance, are binding on all participants
liquidation estate.
§ 266
Costs
(1) in proceedings, none of the parties entitled to reimbursement
liquidation proceedings against managers; this does not apply if the costs that
due to the fault of the liquidation administrator or accident that happened to him
.
(2) Costs paid by the liquidation trustee in proceedings
represent his cash expenses.
(3) Compensation costs awarded by a liquidation administrator belongs to liquidation of assets
nature.
§ 267
Assurance and damages
(1) If the application is rejected or dismissed, or if the proceedings on
action stopped, the court after the ruling becomes folded back
certainty.
(2) If the action finally upheld, denying the creditor must
compensate or other injury to the prosecuting creditors
was unjustified denial of his claim or right to the satisfaction of the claim
collateral. Damages or other damages must be filed with the court of
later than 6 months after the decision on the application, otherwise the right
expires.
(3) the final damages awarded or other injury
satisfy the security lodged; liability for damages or other injury, which was not covered by
that a security is not affected.
Subsection 4
Established and the right to satisfy the claim from the security
§ 268
(1) claims or the right to satisfy the claim of collateral are observed
if
A) the court considers proven, and such a conclusion stated in the review
hearing or list of receivables
B) deny any of the creditors or the denial of the claim ineffective.
(2) Denial of debts by creditors is ineffective
A) If the creditor took after his denial back
B) if he fails in court decisions by set security on
pay the costs of the action and damages or other harm that would arise
creditors unjustified denial of claims or rights to satisfaction from the security
or parts thereof, at all, on time or in
prescribed amount, unless the court decisions by the composition
confidence dropped.
(3) Although the court did not consider the claim or the right to satisfy
claim from the security to be established even if it is denied any of
creditors are detected, if an action or in another || | civil court proceedings by a final decision determined that creditors
belongs receivable and in what amount or that the creditor is entitled to satisfy
receivables from reinsurance.
Section 5
Schedule proceeds from the realization of assets liquidation essence
§ 269
Balancing of receivables
Proceeds from liquidation of assets belonging to the essence of the liquidation shall be paid
claims that have been identified, and claims to satisfy even
though they may not be registered even if you do not examine, as well as claims of creditors against
third parties, which are secured by property belonging to
liquidating assets, if it is established right to their
satisfaction from this property.
§ 270
Satisfaction of secured claims
(1) To meet the debts that are secured by property belonging to
liquidating assets, serving the net proceeds from the realization of assets
which is calculated so that the proceeds from the liquidation shall be deducted pro rata portion of costs incurred
the management of property belonging to the liquidation
nature and if it was monetized assets liquidation trustee or by a notary, also
costs incurred to monetize.
(2) If it serves the same property belonging to the winding nature to ensure
multiple debts and meet the individual claims in the order in which they originated
collateral, unless the creditors of these claims in writing
otherwise.
(3) Failing proceeds from the realization of assets for the full satisfaction
claims, in whose favor it stalled at ensuring satisfied with
together with other receivables according to schedule; It does not apply
case of claims against third parties, which were seized property belonging
into liquidation estate.
§ 271
Satisfaction at monetize a creditor or trustee
(1) Where there liquidation of assets to creditor approval of the court (§ 233)
proceeds from the realization that gave the court (§ 234), and that the court handed
regular progress reports to the realization of the assets, and if it finds the
execution creditor liquidation of assets in accordance with the law, the court
resolution decides that the net proceeds of the liquidation will be handed over to the creditor or by order
more secured creditors claims within 3 days of legal
power resolution and any remaining net proceeds will be used to satisfy claims by
schedule resolution.
(2) Where there liquidation of assets or liquidation administrator and notary
filed if the court about the proper message, court resolution decides that the net proceeds from the realization
will be handed over to creditors whose claim has been monetized
secured property, or more creditors thus
secured claims in the order within 3 days of the ruling and
that any remaining net proceeds will be used to satisfy claims
according to schedule resolution.
§ 272
The distribution schedule
(1) balancing of accounts receivable (§ 269), which has been granted in accordance with §
270 and 271, are satisfied by the distribution schedule.
(2) The court decides to satisfy claims resolution rozvrhovým always
handed if he Liquidating Administrator regular report on the realization of the assets
liquidating nature or its parts, and if they have been found
claims or parts thereof, which should be met by groups
schedule resolution.
§ 273
Groups
(1) On the basis of the resolution to satisfy the debts gradually
by the following groups:
A) receivables from contracts that were concluded with the liquidation trustee or
notary
B) claims arising out of the state for the costs incurred in monetizing
liquidation of assets and the nature of its management, possibly also for the custody
liquidation of assets belonging to nature at an appropriate custodian,
C) the receivable fees and reimbursement of expenses of the liquidation administrator and, if it was
liquidation administrators of advance funding, state
D) asset remuneration and compensation costs for notary acts that the management of the estate
performed as a court commissioner,
E) asset deceased's funeral costs,
F) claims royalties and compensation costs of those who perform management
estate under management in time before going into liquidation estate,
G) maintenance claims,
H) other claims.
(2) The claims referred to in paragraph 1. a) and b) shall be deducted
costs incurred in the liquidation trustee or notary executed
liquidation of assets, which served to secure receivables, which proportional
costs incurred in the management of property belonging to the liquidation
substance, which was included secured creditors claims (§ 270
par. 1).
(3) The payment of debts referred to in paragraph 1. c) and d)
court decides the distribution schedule, which governs the liquidation of the estate
in the first stage ends, or in the resolution on the issue
the liquidation surplus.
(4) If you can not fully satisfy the claims belonging to the same group
quite satisfied with.
§ 274
The content of the resolution
In particular, a distribution schedule court decides
A) how high performance falls proceeds from the liquidation of assets liquidation
essence, they are charged for each claim, which according to him
satisfied,
B) that the claim and the amount remains unsatisfied,
C) the period within which transactions will be disbursed to creditors.
§ 275
Edition of the liquidation surplus
(1) if the proceeds from the liquidation of assets liquidation essence
satisfy all claims, the court will decide the resolution on the issue of property
surplus to those who witnessed right of inheritance after the deceased at the time of ordering liquidation
heritage by their inheritance shares or
state, if she has him at the time the estate accrue because they inherit
no heir or by inheritance contract or a will, nor the statutory
succession, and that is to become assimilated as if it was lawful heir
.
(2) those who have been issued a liquidation surplus, do not pass
liabilities of the estate and are not otherwise obliged to pay the liabilities of the estate.
§ 276
Termination of management at the disposal
(1) Rozvrhovým resolution, which the court will decide on the distribution of all or
remaining proceeds from the realization of assets liquidation nature or
resolution, which was decided on the issue of the liquidation surplus, the management
liquidation of assets in the first stage ends.
(2) The legal force of the resolution, which was decided on the distribution of all or
remaining proceeds from the realization of assets liquidation
nature or which it was decided to issue a winding up surplus is
management of the estate is completed.
§ 277
Extinction unsatisfied claims
Claims, which corresponds to the liability of the estate, will expire as of the end
management of the inheritance (§ 276 paragraph. 2) to the extent that they were not satisfied
proceeds from the liquidation of assets liquidation estate;
This also applies if the creditor his claim known.
Section 6
Another showed fashioned Estate liquidating nature
§ 278
(1) If there is after the legal force of the resolution, which was
management of the estate is completed, another property that belongs to liquidation
nature, and not if the liquidation of the estate fully satisfied
balancing of all debts, the court orders the resolution so that the latter was
continued in liquidation estate.
(2) Unless otherwise provided below, with continued liquidation estate
proceed appropriately in accordance with Part 1 and Sections 1-5 of this
part.
(3) Proceeds from the liquidation of assets, which it continues
liquidation proceedings may be satisfied only creditors claims that
reimbursed from the proceeds of liquidation of assets belonging to the assets under liquidation
results of the main proceedings , the expired pursuant to § 276;
extinction of these claims (§ 277), it is disregarded.
§ 279
(1) If there is after the ruling, which the proceedings were terminated
estate, other assets, which belongs to liquidation
nature, and if they have been at the disposal of the estate fully satisfied all
balancing of assets, court resolution decides that the property
Come into force on the day the property of those who witnessed inheritance
right after the testator at the time of ordering liquidation of the estate, according
their inheritance shares, or state, should if at the time he
estate accrue because that no heir inherit inheritance
either under contract or a will, nor by legal succession, and that the state
looks as if it was a legal heir.
(2) those who acquired ownership of the assets belonging to the liquidation
estate under paragraph 1 shall not pass liabilities of the estate and even
not otherwise obliged to pay the liabilities of the estate.
(3) If the property belongs to liquidation essence
acquired the property in accordance with paragraph 1 under reference established by the deceased, a legatee
same right to link to his owner, which gives it the Civil Code during
depletion of the estate to the heirs vyhradivšímu book inventory;
To the extinction of the right to link [§ 200 point. b)] in this case is disregarded.
Section 7
Stop the liquidation of the estate
§ 280
(1) If it turns out after ordering liquidation estate of the deceased lives
court order of liquidation of the estate is stopped. Legal effects of acts
that have been made during the liquidation of the estate,
remain unaffected.
(2) of the resolution to stop the liquidation of the estate management of the estate
completed.
Section 5
Custody in the management of the estate
Section 1
Acceptance into custody
§ 281
Reasons for acceptance into custody
(1) Unless otherwise stated below, the court for the management of the estate receives
safekeeping money, securities and other tangible movables
A) if ordered to do so at the conclusion of the inheritance (§ 149 and 151), or when
seizure of assets belonging to the liquidation estate (§ 202 paragraph. 2)
B) if ordered to do so during the separation of the estate (§ 152 paragraph. 2)
C) if borrowers meet the testator saved in this way their
debts (§ 151, § 202, paragraph. 2).
(2) Do not accept custody of tangible movables
) Can not be stored without risk of damage or disproportionate costs
B) due to their size or nature can not be stored in a metal cabinet
court or court commissioner or with the bank and have failed to procure them
appropriate custodian.
§ 282
Confirmation
The acceptance of money, securities and other tangible movables exposed
court or court commissioner a written confirmation to the person who is passed (hereinafter referred
"depositor").
Section 2
Procedure for acceptance into custody
§ 283
Receiving Money
(1) Money accepts the court or court commissioner in custody so that
depositor inserts or transferred to the special account of the court.
(2) Cash in the amount of CZK 20 000 can court or court commissioner
accept cash; stores them in a metal cabinet or court commissioner and
by the next working day is inserted on to the designated account
court.
§ 284
Acceptance of other tangible movables
(1) Other tangible movable things than money receives a court commissioner and saves
into its metal chassis. If it does not permit the size of the metal cabinets
judicial commissioner or has not been keeping time no notary entrusted to a judicial commissioner
performed acts Court of First Instance in proceedings
estate shall take them into custody court and saves it is in a metal cabinet
court.
(2) metal casing court commissioner or the court can be until the end of the custody
saved only passbooks or certificates of deposit with balances
that one survivor things do not exceed the sum of 20 000 CZK
, securities that one survivor things shall be added to the amount
exceeding the sum of 20 000 CZK, and small tangible movables slight
prices. Others received tangible movables shall be transmitted no later than the next business day
into custody at the bank.
§ 285
Receiving other material things to the need for a suitable custodian
(1) Other tangible movable things than money, which due to their size or nature
can not be placed in a metal casing court commissioner or the court shall take into custody
court commissioner or, if no time in custody none | || notary commissioned to carry out a judicial commissioner acts court of first Instance
in the management of the estate, the court just before what will
custody provision of suitable custodian.
(2) Costs related to custody of the custodian shall be borne by the state.
Court that shall decide by resolution on a proposal custodian.
(3) The state, according to the outcome of the proceedings against participants the right to replace him
costs associated with custody pursuant to paragraph 1, or
entitled to a reimbursement of the proceeds from the liquidation of assets liquidation estate.
Section 3
Issue custody
§ 286
Issue custody when canceling conclusions or seizure of assets
If they were seals estate or seizure of assets belonging to the winding nature
canceled before the end of the proceedings on the estate,
court commissioner issued concealed money, securities or other tangible movables
depositor.
§ 287
Issue custody at the end of the proceedings on the estate
(1) Judicial Officer or, if no time in issuing any custody notary
entrusted to a judicial commissioner carried out the acts of the court of first instance in
management of the estate, the court issued after the management of the estate || | custody of those to whom final decisions by the court belongs.
(2) Unless known or unknown residence if the person to be
Affairs issued pursuant to paragraph 1 shall deposit these things always in court
proceed regarding them under the provisions of the proceedings úschovách;
same is true, if the takeover was rejected.
§ 288
Issue for safekeeping during the liquidation of the estate
(1) If the final disposal of the estate and ordered unless otherwise specified
, issued a concealed money into liquidation
nature and other tangible movable property that belongs to the essence of liquidation, liquidation administrators
.
(2) In the event that concealed the money, securities and other tangible movable
things were after ordering liquidation of the estate by a final decision of the court of
excluded from liquidating nature or removed from the list of assets
liquidation estate (§ 223), they will be issued on the proposal were
liquidation inherently excluded, otherwise they will be issued to the depositor.
(3) Issued pursuant to paragraphs 1 and 2, the court commissioner or, if no time in issuing custody
no notary entrusted to a judicial commissioner
performed acts Court of First Instance in proceedings on the estate, in court.
TITLE IV
OTHER MANAGEMENT Part 1
Proceedings of úschovách
§ 289
Territorial jurisdiction
(1) The management is competent court, in whose district the place of performance;
If the place of performance of several circuit courts for proceedings úschovách
competent court, which first initiates proceedings.
(2) Proceedings of the mandatory custody rests with the court which decided on Match
obligation to provide compensation or damages.
§ 290
Subject custody
In court can be folded into custody money, securities and other movable property
Fit custody for the purpose of fulfilling its obligations.
§ 291
Initiation of proceedings
(1) The proceedings can be initiated only on a motion.
(2) Proposal for admission into custody must contain a statement of the depositor, who
money, securities or other things into custody made that commitment
whose object values are folded into custody, can not meet
because the creditor is absent or is in default, or that
depositor has reasonable doubts about who is the creditor or the depositor
creditor does not know; this does not apply if the mandatory safekeeping.
§ 292
Participants
Participant's depositor. After the decision on acceptance into custody
is also a party to the one for whom the money, securities or other things designed
(hereinafter the "Beneficiary"), and one who asserts the right to object
custody .
§ 293
Negotiations
Negotiations not be ordered.
§ 294
Proving
In the proceedings, the court may make other than the parties to the proposed evidence
only if they are necessary to determine the facts and where they are due
contents of the file. § 11, 17, § 20 par. 1 to 3, § 21, 22 and 28
apply.
§ 295
Serving decision
Court decision delivered to the participants in their own hands.
§ 296
Custody Costs
(1) If requested custody of costs by the court depositor to compose
advance a reasonable cost. Unless the deposit by the deadline
paid, the court proposal to accept custody reject; court is also a proposal for the adoption
custody reject unsuitable if the custody thing at all, or if it is not found a suitable way
custody.
(2) If requested compulsory storage costs, the court decides to satisfy
cost custody of composite funds before issuing a compulsory deposit.
Sum spent on compulsory escrow individual recipients is relatively
reduced.
§ 297
Reimbursement
Before issuing a compulsory subject of custody in order to meet debt
court decides on the reimbursement of expenditure actually incurred by the
stored in mandatory custody if the Business Corporations Act or
law on the transformation of companies and cooperatives provides that
purposefully incurred expenses are paid from the funds deposited in the escrow mandatory.
§ 298
Issue custody
(1) Subject custody, the court recipient at his request. If the composition
occurred because someone other than the recipient invokes a right
surrender the custody or that someone else whose consent is necessary
disagrees with the release of escrow subject to the beneficiary is subject to release
escrow require the consent of all participants and persons for whose disagreement with the performance
occurred composition into custody. Consent of the depositor, it is necessary
only if bottling has composed for an unknown lender.
(2) Subject mandatory custody, the court recipient who demonstrates the application
copy of the court decision, which was granted the right to a different amount
compensation or damages, the fact that it is authorized
person and the scope of rights related to the mandatory deposit.
(3) subject to the depositor, the court custody at his request,
A) if the beneficiary reflected agree to that procedure,
B) If the recipient declares the court that the object does not accept custody or
C) Unless the beneficiary within the time limit set by the court, even though he has warned
such consequences.
(4) other persons than those referred to in paragraphs 1-3, requesting
surrender the custody, the court shall issue only with the consent of the depositor and the beneficiary
.
§ 299
Replacement consent to the release of escrow
(1) If consent to a subject of custody is denied, it may be replaced
final judgment of the court, which decided that whoever release
countered that it is obliged to agree to the release of escrow subject to the applicant.
(2) procedure to replace the consent referred to in paragraph 1, the competent court,
in which proceedings are pending on custody.
§ 300
Special cases custody
Accepts the court into custody in the circumstances provided for in other laws and regulations
governed by the provisions of the relevant legislation and, if not
them, the provisions of § 289 to 302, and it appropriately according to the nature and custody | || its purpose.
§ 301
Unreleased custody
(1) if the period of 3 years from the decision on admission to
custody or the date when the subject of custody was proposed to be issued
depositor, the court will decide that the subject matter falls custody of the state,
if him not claimed within 1 year from the date of publication of this decision
. This court decision published on the official board of the court.
(2) If, after the decision within the period specified in paragraph 1
request to surrender the custody, the court shall proceed in accordance with § 298.
(3) The expiry of the period specified in the decision referred to in paragraph 1, unless the
this period the extradition request filed escrow subject, the subject falls
custody of the state. This deadline comes into state custody and
object if it was not filed requests a final decision upheld.
§ 302
Effects escheat custody of the state
Should the subject of the custody of the state, the rights expire, participants and other persons
subject to escrow.
Part 2
Control amortization schedules
§ 303
Territorial jurisdiction
(1) The management is competent court, in whose district the ordinary court of
petitioner; If the applicant is not in the Czech Republic general court is competent
the court in whose district the place of payment.
(2) If the procedure for the redemption of securities, issued by domestic
Bank is the competent court, in whose district the bank's headquarters.
§ 304
Object Management
(1) can amortize lost or destroyed instrument, which should be
submit the application of the law.
(2) In proceedings before the court can not redeem such instrument, which, according
empowered by law to redeem a legal person who is issued.
(3) Amortization subject to money, lottery tickets, pools coupons, tickets and stamps
Daily circulation (such as tickets and tickets), Coupons and Talons
transferable securities or dematerialized securities, deeds, which carry the right
owed a legal entity in the country the price of goods and services, as well
and papers, based on which it can be applied only entitled to by
performance.
§ 305
Initiation of proceedings
(1) The proceedings can be initiated only on a motion. Proposal to redeem the instrument
may be filed by anyone who has a legal interest in its redemption.
(2) The proposal to redeem the instrument it is necessary to state the facts on which
shows that the instrument or under any applicable law.
The proposal must submit a copy of the documents or bookmark list, its
issuer or other person under the deed committed, as well as those
data that distinguish it from other charter documents of the same kind. If the
blacklist certain amount, it should be noted also that figure.
§ 306
Participants
The parties are the petitioner, one who is obliged to fulfill by deed,
whoever has the deed held, and the person who filed objections pursuant to § 307 paragraph.
First
§ 307
Invitation to submit papers
(1) The court shall issue a resolution containing the call to someone who has a charter
signed up for one year from the issue of the ruling with the court that issued the order, and
opportunities presented by deed or order appealed against draft objections.
This resolution was published on the official board of the court.
(2) If the amortized bill or check, the court sets the resolution under paragraph 1
a period of 2 months and the current ban, according to documents amortising
been paid.
(3) The period referred to in paragraph 2 shall be counted, unless amortization charter still
payable from the first day of its maturity. If the charter amortization
already paid, we count this period from the date of publication of the decree.
(4) If a bearer instrument, except fuses bearer
end the period referred to in paragraph 1 or 2 to 1 year overdue receivables
list.
§ 308
Effects initiate proceedings
(1) Since the initiation of the proceeding until its final completion is not running against the petitioner
limitation period, the period for termination of rights or the deadline for payment of a sum of money
according to the amortization schedule.
(2) The person to whom the order was received or who are about him when he
learn proper care, not under the consequences of the invalidity of the rights to dispose of
amortization deeds held payments or other benefits under it, convert it | || or make changes to it. Whoever is obliged according to the Charter, he is obliged
withhold the production of documents and notify the court, who submitted it.
§ 309
Pay the bill or check
If it has been initiated redemption proceedings on the bill or check, the petitioner, who is recognized
resolution entitled to request payment of the promissory note or check, if we can call
reasonable certainty until the bill or check are not declared || | redeemed. Not sure if this is entitled to submit a proposal to
outstanding amount was composed in court custody.
§ 310
Examination of the Application
Court will examine the application of who has the deed, and discovers his objections.
If it finds that the document is lost or destroyed, rejects.
§ 311
Negotiations
Negotiations not be ordered.
§ 312
Proving
In the proceedings, the court may make other than the parties to the proposed evidence
only if they are necessary to determine the facts and where they are due
contents of the file. § 11, 17, § 20 par. 1 to 3, § 21, 22 and 28
apply.
§ 313
The decision
(1) If the court finds that the document whose redemption was suggested
been exposed or that is lost or destroyed, rejects.
(2) if the period under § 307 paragraph. 1 or 2, and if there is no
deny the petition, the court shall declare the next draft charter for redemption.
(3) Unless another proposal submitted pursuant to paragraph 2 within one month of the expiry
period referred to in § 307 paragraph. 1 and 2, the court stops the proceedings.
This result it is necessary to notify the petitioner in order pursuant to § 307 paragraph. 1 or 2.
§ 314
Delivery
Decision on the proposal to redeem the instrument delivered to the participants in the court
own hands.
§ 315
Effects of a redemption deed
Decision on redemption of the instrument replaces the redemption deed until whoever is
by deed obliged issued for her legitimate substitute list.
Part 3
Proceedings in matters of capital market
§ 316
Territorial jurisdiction
To control the competent court, in whose district the ordinary court of
petitioner.
§ 317
Initiation of proceedings
Proceedings in matters of capital market under other legislation can be
commence only on the proposal of the Czech National Bank.
§ 318
Participants
Participants are the Czech National Bank as the petitioner and those who
Czech National Bank in the draft marks.
§ 319
The proceedings
(1) In deciding a case, the court is mainly based on documents and other
evidence submitted by the petitioner. Participants need not be questioned.
(2) The proposal must be decided by the court of first instance within 10 days from
initiation. He urged the court the petitioner to remove the defects
filing time limit again runs from the day to remove defects or
ever passed in vain for the specified period; the same applies if the court ordered
petitioner to submit a decision for important documents or other evidence
.
§ 320
Negotiations
Negotiations not be ordered.
§ 321
Proving
In the proceedings, the court may make other than the parties to the proposed evidence
only if they are necessary to determine the facts and where they are due
contents of the file. § 11, 17, § 20 par. 1 to 3, § 21, 22 and 28
apply.
§ 322
The decision
Decision in which the petition is granted, shall expire on the date when the
competent authority of a final decision in the matter under another legal provision
. Even before this time the court decision canceled if
as the reasons for which the proposal was accepted.
Section 4
Procedure for interim agreement to conduct investigations in matters of competition
§ 323
Territorial jurisdiction
To control rests with the court in whose jurisdiction the seat of the Office for the Protection
competition.
§ 324
Object Management
Proceedings shall be held if it is reasonable suspicion that the investigation
distortion of competition by another law are
business books or other records other than business premises, including the homes
individuals, which are members of statutory bodies or employees
competitor (hereinafter "other than business premises"), and has to be such
investigation in these premises carried out.
§ 325
Initiation of proceedings
(1) The proceedings can be initiated only on the proposal of the Office for Protection of Economic Competition
or the European Commission. The proposal will be in court to demand that the court
expressed its investigation under § 324 agreement.
(2) The proposal shall contain in addition to the general requirements designations other than
retail space, in which the investigations are to be made and it must be
specify the subject matter and purpose of the investigation period, in which the investigation is to be carried out ,
and facts that demonstrate reasonable suspicion under § 324.
§ 326
Participants
Participant the petitioner and the person who uses other than business
areas in which investigations are to be carried out (hereinafter "user"). If
petitioner, the European Commission is a party to the Office for the Protection
competition.
§ 327
Rejecting the proposal
The proposal, which does not contain all the essentials or that is
incomprehensible or vague, the court rejects if
for these shortcomings can not proceed; provisions for repairing or
complete the filing, which does not contain all the prescribed requirements or
which is incomprehensible or vague, does not apply. The court shall reject
also the case was filed by someone who is not entitled to the draft.
§ 328
Negotiations
Negotiations not be ordered.
§ 329
Proving
In the proceedings, the court may make other than the parties to the proposed evidence
only if they are necessary to determine the facts and where they are due
contents of the file. § 11, 17, § 20 par. 1 to 3, § 21, 22 and 28
apply.
§ 330
The decision
(1) The decision must be identified other than business premises, where
investigation is to be conducted, given the object and purpose of the investigation and the time in
to be conducted. Potential users hearings before
court decision can not be defeated by the purpose of the investigation.
(2) The decision of the appeals are not admissible.
§ 331
Delivery
The decision shall be delivered to the user in the investigation. If the user is
present investigation is needed to gain a person who is not on the things
individuals involved; user in that case the decision along with
being understood that the investigation was conducted, as recorded by protocol
during this investigation.
Section 5
The procedure for replacing the consent of the representative of the Czech Bar Association
to become familiar with the contents of the documents
§ 332
Territorial jurisdiction
To control the competent court within whose jurisdiction the seat of the lawyer, whose
deed goes.
§ 333
Object Management
In the proceedings, the court decides on the approval of a replacement representative of the Czech Bar Association
to become familiar with the contents of the documents, which may contain
facts covered by confidentiality obligation
lawyer under another law.
§ 334
Initiation of proceedings
(1) Application initiating proceedings relating to the replacement of consent
representative of the Czech Bar Association to become familiar with the contents of the documents, which may contain
facts covered by confidentiality obligation
lawyer under another law may submit only one about whom it
provides another piece of legislation.
(2) The proposal shall contain in addition to general terms, marking papers,
in respect of which the petitioner seeks a replacement representative to authorize the Czech
Bar Association to become familiar with their contents, and
statement of facts to demonstrate why opposition representative of the Czech Bar Association
petitioner to familiarize with the contents of these documents is to be replaced
. The application must be accompanied by a protocol or another notation, which is captured
disagreement representative of the Czech Bar Association with the fact that the petitioner
acquainted with the contents of the documents.
(3) of the Charter in this procedure refers to the document or its
part, as well as other information carrier.
(4) The proposal must be filed no later than 15 days from the day when the representative
Czech Bar Association refused to grant permission to peruse
documents in respect of which the petitioner referred to in paragraph 2 seeks replacement
consent. Missing the deadline for submission of the proposal can not be waived.
§ 335
Participants
The parties are the petitioner, the Czech Bar Association and lawyer concerned about
whose deed goes.
§ 336
Rejecting the proposal
The proposal, which does not contain all the essentials or that is
incomprehensible or vague, the court rejects if
for these shortcomings can not proceed; provisions for repairing or
complete the filing, which does not contain all the prescribed requirements or
which is incomprehensible or vague, does not apply. The court shall reject
also the case was filed late or was filed by anybody
proposal is not entitled.
§ 337
The proceedings
(1) Did not advance if under § 336, the court shall order without delay to discuss the merits
negotiations and the Czech Bar Association saves to him when
hearing, the instrument about which the petitioner seeks
replacing the consent of the Czech Bar Association to become familiar with their contents
. The hearing is public.
(2) During the hearing pursuant to paragraphs 1 trial alongside other acts
also examine whether there was a breach of the security of the documents submitted
Czech Bar Association, and in the absence of other people become familiar with their contents
; at the same time take measures to appellant nor anyone else on
contents of documents at the hearing could not learn.
(3) If an adjournment of the hearing, the court papers and ensure that their content with
nobody could get acquainted, or destroy or damage
.
§ 338
Proving
In the proceedings, the court may make other than the parties to the proposed evidence
only if they are necessary to determine the facts and where they are due
contents of the file. § 11, 17, § 20 par. 1 to 3, § 21, 22 and 28
apply.
§ 339
The decision
(1) The court proposal will pass when it comes to the conclusion that the document does not contain
facts on which the concerned lawyer is obligated to maintain confidentiality
under other legislation; Otherwise rejects.
(2) The decision is not a remedy.
Decision under paragraph 1 should be published immediately after the meeting;
Provisions of adjournment for the purpose of publication of the decision to apply.
(3) The decision, which the court decided on a petition pursuant to paragraph 1,
Enforceable his announcement.
§ 340
Effects decision
(1) Should the Court granted the petition, at least in part, transmitted immediately after announcement of the decision
instrument on which it was replaced by the agreement
representative of the Czech Bar Association, becoming familiar with their contents,
petitioner and saves him to the Czech Bar Association
returned immediately afterwards, once familiar with their content. Charter issues on which it
dismissed, the court will return immediately after the announcement of the decision
Czech Bar Association.
(2) In the event that the documents not be handed petitioner
Czech Bar Association or their representatives personally after the announcement of the decision
delivers the latest on the first working day following the day on which the decision was
declared, the petitioner or the Czech Bar Association
through a bailiff or judicial authorities guards.
§ 341
Similar use to replace the consent of the representative of the Chamber of Tax Advisors
The provisions of § 332 to 340 on the procedure for replacing the consent of the representative of the Czech Bar Association
to become familiar with the contents of the documents, which may contain
facts covered by confidentiality obligation lawyer is
apply mutatis mutandis to replace the agreement of the representative of the Chamber of tax advisors
to become familiar with the contents of the documents, which may contain
facts covered by the duty of confidentiality
tax advisor.
Part 6
Procedure for fulfilling the duties of interim measures the European Court of Human Rights
§ 342
Territorial jurisdiction
To control the competent court that against which the petition is directed.
§ 343
Conditions
management
Stores if interim measures issued by the European Court of Human Rights
under the European Convention on Human Rights
Czech Republic to do something, anything to delay or tolerate something, and the fulfillment of this obligation
Czech Republic can not be ensured without cooperation
others, the court decision, which will ensure the fulfillment of the obligations arising from
preliminary injunction European court of human rights.
§ 344
Initiation of proceedings
Procedure may be initiated only on the proposal of the Czech Republic.
§ 345
Participants
Participants are the Czech Republic and the one against which the petition is directed. For
Czech Republic is the Ministry of Justice.
§ 346
The proceedings
The proposal by the court without delay and no later than the expiration of 7 days after
what was proposed. Negotiations generally not be ordered.
§ 347
Proving
In the proceedings, the court may make other than the parties to the proposed evidence
only if they are necessary to determine the facts and where they are due
contents of the file. § 11, 17, § 20 par. 1 to 3, § 21, 22 and 28
apply.
§ 348
The decision
(1) The court decision of party stores to provide necessary assistance
to ensure compliance with the obligations arising from preliminary injunction
European Court of Human Rights. An appeal against the decision has
suspensive effect.
(2) The obligation of cooperation under paragraph 1 lasts until extinguished
effects of a preliminary injunction European Court of Human Rights. The termination
effects of a preliminary injunction issued by the European Court of Human Rights
inform the Ministry of Justice liable person.
Part 7
Proceedings in matters of election to a works council elections
representatives for occupational safety and health and the election of members of the special negotiating committee
SCE
§ 349
Territorial jurisdiction
(1) The management is competent court of the employer.
(2) in proceedings for the election of members of the SNB
SCE is the competent court
European Cooperative Society, or the court in whose district will have
European Cooperative Society headquarters.
§ 350
Initiation of proceedings
Procedure may be initiated only on a motion.
§ 351
Participants
Participant is a member of the council or board member of public servants
or representative for occupational safety and health or
representative for health and safety in the performance of government services or
member of the special negotiating body of employees of European cooperative
Company whose election is contested by the petition and the relevant electoral commission
. Subject of proceedings for annulment of the election
member of the special negotiating body of employees SCE is
petitioner and member of the SNB, whose election is challenged
proposal.
§ 352
Proving
In the proceedings, the court may make other than the parties to the proposed evidence
only if they are necessary to determine the facts and where they are due
contents of the file. § 11, 17, § 20 par. 1 to 3, § 21, 22 and 28
apply.
§ 353
The decision
(1) An application for a declaration of invalidity of the election to council employees and
invalidity of elections to the council of state employees or election invalid
representative for occupational safety and health and
election invalid representative for security and health
performance of the civil service or the draft elections invalid
members of the special negotiating body of employees SCE who
are elected as representatives of the employees of the Czech Republic, the court
within 10 days of receipt proposal.
(2) Negotiations not be ordered.
(3) The decision is not a remedy.
Part 8
Proceedings of the judicial sale of the collateral
§ 353a
Territorial jurisdiction
(1) The management is competent court lien debtor.
(2) Instead of the court referred to in paragraph 1 is a matter for the court of
whose district the immovable collateral, if it concerns the management rights to it.
§ 354
Initiation of proceedings
Procedure may be initiated only on a proposal mortgagee who seeks
regulation judicial sale of the collateral; this does not apply if the other does not allow
legislation judicial sale of the collateral.
§ 355
Participants
Participants are pledgee and the pledge debtor.
§ 356
The proceedings
In the case need not be ordered negotiations only under conditions that can be decided only on the basis
parties submitted documentary evidence and the participants
right to participate in a hearing waived, or the decision in the case without a hearing by
agrees or if they are actually mentioned in
§ 358 paragraph. 1, first sentence accompanied by documents issued or certified
state authorities or notary public documents.
§ 357
Proving
In the proceedings, the court may make other than the parties to the proposed evidence
only if they are necessary to determine the facts and where they are due
contents of the file. § 11, 17, § 20 par. 1 to 3, § 21, 22 and 28
apply.
§ 358
Decision and its effects
(1) The court shall order the sale of collateral, provide proof of the pledgee secured
claim, lien pledge and who is a mortgage borrower.
The decision on the sale of collateral regulation is enforceable on the date on which
came into force.
(2) A final decision on the sale of collateral regulation is mandatory for each
against which operates under other laws
lien rights to the pledge.
(3) According enforceable regulation on the sale of collateral can
proposal mortgagee order the forced sale of the collateral.
Part 9
Driving disqualifications from exercising the rights associated with participating securities
§ 359
Territorial jurisdiction
To control the competent court-stock company that issued
participating securities, which were the subject of Forced Migration
shareholders (hereinafter the "main shareholder") pursuant to the Act on Trade
corporations.
§ 360
Initiation of proceedings
(1) The proceedings can be initiated only on a motion.
(2) The application must be accompanied by a court decision, which was the main shareholder
ordered to meet Match against all owners of the participating
securities in mandatory custody, documents proving that the property right
petitioner to participating securities
securities issued by joint stock companies was transferred to the main shareholder, and the number of title deeds
petitioner participating securities for which the principal shareholder
passed property rights.
§ 361
Participants
The parties are the petitioner, the major shareholder and the listed company.
§ 362
The proceedings
(1) In deciding a case, the court is mainly based on documents and other
Evidence submitted by the petitioner. Participants need not be questioned.
(2) The court decides that the proposal no later than 7 days after the proposal was submitted
. He urged the court the petitioner to remove the defects of administration, runs
time limit again from the day to remove the defects or the vain
passed to the deadline; the same applies if the court ordered
petitioner to submit a decision for important documents or other evidence
. Repeated challenge is not permitted.
§ 363
Negotiations
Negotiations not be ordered.
§ 364
Proving
In the proceedings, the court may make other than the parties to the proposed evidence
only if they are necessary to determine the facts and where they are due
contents of the file. § 11, 17, § 20 par. 1 to 3, § 21, 22 and 28
apply.
§ 365
The decision
In the ruling, the court forbids the principal shareholders exercise all rights associated with its participation
securities issued by joint stock companies,
until the main shareholder in full fulfills Match to all existing owners of the participating
securities in mandatory custody.
§ 366
Applied by analogy to other cases
The provisions of § 359 to 365 shall apply mutatis mutandis to the procedure after the release
court decision, which according to the Business Corporations Act or
Act on transformation of commercial companies and cooperatives was associate
business corporations be required to meet debt Match
provide compensation or damages to the imposition of compulsory deposit, if this
judicial decision as to the basis of the granted rights binding even against people
which were not parties to the proceedings in which the decision of the court
issued.
TITLE V
PROCEDURE IN MATTERS of family
Part 1
The proceedings
Section 1
Matrimonial proceedings and partner
Subsection 1
Control for permission to marry
§ 367
Initiation of proceedings
Proceeding may be commenced only upon a petition of a minor who has attained 16 years of age and
who intends to marry.
§ 368
Participants
(1) Participants are someone who intends to marry, his legal representatives
and the one who is to be married.
(2) A minor who has attained 16 years of age, has full control of the process
eligibility.
§ 369
Proving
(1) Before making a decision on the merits the court shall hear the person who intends to marry
, and on who is to be married.
(2) Participant who does not have legal capacity in full, court hears
without the presence of other persons; presence trustee who is not a
a legal representative or a party, and whose participation in the interrogation
interrogated subscriber requests, the court ruled only if its
presence thwarted the purpose of examination.
§ 370
The decision
Judgment authorizing marry, to have the verdict
clearly indicate the participant who intends to marry, and
participant that is to be married.
Subsection 2
Proceedings of status matrimonial
General
§ 371
Control Types
Proceedings of status matrimonial proceedings are
A) determining whether a marriage or not (putative marriage)
B) of the nullity of marriage
C) a divorce.
§ 372
The decision
The court decides on the merits of a judgment.
The process of determining whether a marriage or not, and the invalidity of marriage
§ 373
Territorial jurisdiction
To control the competent court, in whose district the spouses have or had
last common residence in the Czech Republic, lives if the circuit court of
least one of the spouses; unless such a court, the competent court of
generic spouse who did not request the opening of proceedings, unless
no such court, the general court of her husband who filed a petition to initiate proceedings
.
§ 374
Initiation of proceedings
(1) Proceedings in which the marriage is to be declared invalid on
grounds that it was a manifestation of the will of marriage made under duress
consisting in the use of violence or threats of violence or has been made in
owing to an error on the identity fiance or the nature of the legal sňatečného
Negotiations can start only upon the husband. Submit the proposal
someone else, the court rejects it.
(2) In proceedings under paragraph 1, the court may make other than participants
proposed evidence only if they are necessary to determine the facts and
result if the contents of the file, or only if they
proved to be a reason of invalidity or non-existence of marriage, for which the procedure might be
commenced even without a petition. The same applies to appellate proceedings.
§ 20 paragraph. 1, § 21 and 28 shall apply.
§ 375
Participants
Participants are married.
§ 376
Loss of eligibility to be a participant
(1) If a participant loses after the opening of eligibility to be a participant,
court stops the proceedings.
(2) If proceedings under § 374 paragraph. 1 and a husband who did not
instituting proceedings, dies before it is idem
decision, the court continues proceedings with guardian
deceased husband's name.
(3) If the proceedings under § 374 paragraph. 1 and the petitioner dies
court continues the proceedings on a proposal from the descendants of the deceased filed within 1
year after the death of the deceased petitioner. The court appoints a guardian deceased
petitioner.
§ 377
Ineffectiveness delivery
Proposal to ineffective service can not be filed after they have already entered into force
judgment, which was pronounced the marriage is not here, or that
is invalid. § 11 shall not apply.
§ 378
Procedure after the vote were not married
Immediately after the court decision rule that marriage is not here
refer the matter to the competent court pursuant to § 417, which will decide on the paternity of a child and
modifying rights and obligations to this joint
child which is not fully own right.
§ 379
Missed meetings
If there is no claimant for acting without proper and timely apology
court stops the proceedings, unless there are grounds for initiating proceedings without a petition.
§ 380
Deadline for an appeal
If the judgment did not contain instructions on appeal, the deadline for appeals or
court in which administered, or contains an incorrect instruction that
appeal is not allowed, you can file an appeal within 15
days of its receipt. Relief that deadline is not permitted.
§ 381
Withdrawal of appeal
Halted if the appeals court proceedings on the appeal against the judgment, which was pronounced
that marriage is not here, or is invalid, because
appeal was withdrawn by the appellant, there is much legal judgment day legal || | be able to stop the resolution of the appeal proceedings.
§ 382
Recovery Management and confusion
Action for retrial and an action for nullity are not permitted.
Proceedings for divorce
§ 383
Territorial jurisdiction
To control the competent court, in whose district the spouses have or had
last common residence in the Czech Republic, lives if the circuit court of
least one of the spouses; unless such a court, the competent court of
generic spouse who did not request the opening of proceedings, unless
no such court, the general court of her husband who filed a petition to initiate proceedings
.
§ 384
Initiation of proceedings
(1) Proceedings may be initiated only at the request of one of the spouses or common proposal
both spouses, if the proposed divorce without detection
cause of marriage breakdown. Submit the proposal by someone else, the court rejects it.
(2) Where a motion to initiate proceedings one of the spouses and the other spouse
proposal to join, the court shall proceed as if the proceedings were instituted
joint proposal. Joining the proposal can be appealed within
announcement of the court of first instance.
§ 385
Participants
Participants are married.
§ 386
Loss of eligibility to be a participant
If they lose the participant after the opening of the capacity to be a party to the court proceedings
stops.
§ 387
Withdrawal of the application instituting proceedings
(1) Withdrawal of the application instituting proceedings to which effect the other spouse
serious reasons disapproval is ineffective.
(2) If he took back a proposal to initiate proceedings only one of the spouses who have filed a joint
proceed further court proceedings similarly as if
husband, who was joined on the proposal, its connectivity appealed .
§ 388
Ineffectiveness delivery
Proposal to ineffective service can not be filed after they have already entered into force
judgment, which was pronounced the marriage.
The provisions of § 11 shall apply.
§ 389
The proceedings
(1) The hearing of the case the court orders a hearing at which hears
participants. By questioning participants may be waived when such an execution
was associated with great difficulty.
(2) During the hearing the court leads spouses to eliminate the causes of the breakdown and
strives for their reconciliation.
§ 390
Proving
In the proceedings, the court may make other than the parties to the proposed evidence
only if it is necessary to establish the facts and where they are due
contents of the file, or if it is necessary to determine the interests of minor participants,
for which can not be divorced, although it is broken.
The provisions of § 20 para. 1 and § 21 shall not apply.
§ 391
Missed meetings
(1) If a petitioner or petitioners for both meetings without
proper and timely apology, the court stops the proceedings.
(2) Paragraph 1 shall not apply if the other spouse, who came to
hearing, expressly declares that at the hearing of the case continues.
§ 392
Peace Management
Suggested if both parties to the peace proceedings or when there has been peace management
ground that it was designed by the petitioner and the other spouse to negotiations without prior
any excuse, the court may proceed with the proposal || | administered soon after a period of three months from the suspension.
§ 393
Lessons
In the judgment, which the court will rule the divorce, the husband learns that
adopted the surname of the other spouse, the right to take back his earlier
surname.
§ 394
Deadline for an appeal
If the judgment did not contain instructions on appeal, the deadline for appeals or
court in which administered, or contains an incorrect instruction that
appeal is not allowed, you can file an appeal within 15
days of its receipt. Relief that deadline is not permitted.
§ 395
Appeals
If there was a joint application for divorce is granted, the appeal is admissible
.
§ 396
Withdrawal of appeal
Halted if the appeals court proceedings on the appeal against the judgment, which was pronounced
that the divorce, because the appeal was withdrawn
appellant, there is much legal judgment effective date of the resolution on
stop the appeal procedure.
§ 397
Board of Management
The appeal may be presented new facts and evidence that
were not raised before the trial court only under conditions
which may be placed under the Civil Procedure Code or just
concern if the interests of minors, for which marriage can not be divorced
, although it is broken. The provisions of § 28 shall apply.
§ 398
Recovery Management and confusion
Action for retrial and an action for nullity are not permitted.
Subsection 3
Proceedings in matters of status of partner
§ 399
Control Types
(1) Proceedings in matters of status of partner management are
A) to determine whether there is or is not a partnership,
B) invalidity partnerships
C) to cancel the partnership.
(2) Proceedings in matters of status of partner shall apply mutatis mutandis
provisions on the management of status in matrimonial matters.
Section 2
Preliminary proceedings for protection against domestic violence
Subsection 1
Interim measures
§ 400
Territorial jurisdiction
The decision on the application for interim measures is appropriate
general court of the petitioner.
§ 401
Initiation of proceedings
Interim measures for the protection against domestic violence may be issued only
to the proposal.
§ 402
Particulars of the proposal
(1) The application for interim measures must also include a statement of
facts showing that the common housing
petitioner and the respondent in a house or apartment in which there is shared household, the petitioner
unbearable because of physical or mental violence against the petitioner or
else who lives in the same household, or
statement of the facts which demonstrate the unwanted tracking or
harassing the petitioner.
(2) Unless the proposal all the essentials, and these defects can not be
decide on the petition, the court invites the petitioner
appropriate way to supplement the proposal and instruct him of the consequences of non-compliance with this challenge.
Barring court complete the proposal by the deadline for the decision or if it is not possible
petitioner in an appropriate manner to the deadline for the decision to invite
supplement the proposal, the court rejects the proposal. Provisions for repairing or
complete the filing, which does not contain all the prescribed requirements or
which is incomprehensible or vague, does not apply.
§ 403
Participants
(1) The parties are the petitioner and the respondent or person against whom
violence directed.
(2) If the applicant is a minor, gives his name
draft legal representative, the authority child protection or attorney under a power of attorney
if the minor is granted power of attorney for adequate intellectual
and volitional maturity. If the petitioner person whose legal capacity was
in matters for which the management goes, limited, given its behalf
proposal guardian or municipal authority with extended powers.
Provisions of other legislation on the need to appoint a guardian
, if there is a conflict of interest
legal representative or guardian or interest represented a clash of interests of those who
are represented by the same legal representative or guardian, or
if there is such a conflict, does not apply.
(3) A minor older than 16 years to manage the full process capability.
§ 404
Deadline for a decision
The proposal by the court within 48 hours without a hearing.
§ 405
The decision
(1) Should the court design saves opponents of the preliminary injunction in particular, to
A) left the common dwelling and its immediate surroundings,
not stay in the same household or not enter into it,
B) not enter the immediate vicinity of the common residence or
petitioner and has stayed there,
C) refrain from meeting the petitioner, or
D) refrain from unwanted monitoring and harassing the petitioner in any manner
.
(2) In the ruling, the court shall instruct the respondent the right to take away from a common dwelling
things mentioned in § 493. The appellant instruct other suitable
measures taken to protect them, especially the right to file for || | initiate proceedings on the merits. The court shall instruct the petitioner about the possibility
submit a proposal to extend the duration of provisional measures pursuant to §
410th
(3) Exemptions arising from the fulfillment of obligations imposed interim measures
opponents down the court, and taking account of the legitimate interests
.
§ 406
Guardian for submission
If a motion for a preliminary injunction under § 403 par. 2
and if there is a conflict of interest legal representative or guardian with interest
represented or could pose a clash of interests of those who are | || represented by the same legal representative or a guardian appointed by the court
jurisdiction under § 400 immediately after the decision on the proposal for a regulation
preliminary injunction petitioner guardian. This does not apply if the petitioner
lawyer. The decree was appointed guardian
not appealable.
§ 407
Enforceability
Decision under § 405 is enforceable release.
§ 408
The duration of the preliminary injunction
(1) Interim measures under § 405 lasts one month from its enforceability.
(2) if preceded by a decision on the application for interim measures
reporting under other legislation, and expired if, prior to acquisition
enforceability of interim measures limit laid down in other legal
reporting requirements for the time extended the duration of the preliminary
measure of the time to do the enforceability of interim measures
expired.
§ 409
Board of Management
(1) If a decision on the application for a preliminary injunction
attacked a timely appeal, the Court of First Instance
submit an appeal court within 15 days of filing the appeal.
(2) An appeal court of appeal decision within seven days of the matter.
Subsection 2
Extension of interim measures
§ 410
The proposal to extend the duration of the preliminary measures
(1) The petitioner may, before the expiration of the period specified in § 408 to file for
Extension of the duration of the preliminary injunction under § 405.
(2) submitting a proposal to extend the duration of provisional measures pursuant
§ 405 until a court decides the extension proposal.
§ 411
Negotiations
(1) The decision on the petition under § 410 court usually orders a hearing.
Summons to the hearing must be delivered to participants at least 3 days in advance.
If a hearing is ordered, the provisions of time to prepare after the summons
party to the negotiations shall not apply.
(2) When deciding on the court will take particular account of the state
threat to the petitioner, financial or other relations of the parties, including
ownership and other relationships to a common dwelling, covered
precaution and other relevant circumstances, including other
ongoing dispute between the parties.
§ 412
The decision
(1) A proposal to extend the duration of the court decision within two months from its filing
.
(2) The court may extend the duration of the preliminary measures only for the time
necessary. If the petitioner can prove its ownership or other
ratios, including ownership and other relationships to a common dwelling
court may extend the duration předběného measures only due to special
worthy of consideration.
§ 413
Extinction preliminary injunction
Interim measures under § 405 shall expire no later than the expiration of 6 months from
its enforceability.
§ 414
Annulment of Decision
(1) At the suggestion of the court may decide to revoke the provisional measures pursuant
§ 405.
(2) The provisions of § 411 and § 412 par. 1 applies accordingly.
(3) If the application for annulment is rejected, it can be re-submitted
soon after the expiration of 3 months after the final negative decision.
Section 3
Process of determining parenthood and denial
Subsection 1
Determining paternity agreement of both parents
§ 415
Determining the paternity of a child of an unwed mother
(1) if it is born a child, in which paternity is not determined by a legal presumption
suggesting the mother's husband or consent of a parent before
registry office, court hears one whom the mother identifies the father, whether || | he recognizes the father. The court in accordance with § 417.
(2) If the declaration consenting parents about fatherhood, this shall be indicated in
protocol and notify the registry office, which leads the birth of a book in which the child is enrolled
.
(3) If these steps to determine paternity and the mother does not within a reasonable time
fails to file petition for determination of paternity, the court may appoint a guardian
to submit such a proposal to ensure that the child represented in the proceedings.
§ 416
Determining fatherhood after divorce or annulment of marriage
(1) If a petition for determination of paternity
joint declaration for a child to be born in the time between the commencement of the divorce proceedings
marriage or nullity of marriage and the three hundredth day after marriage or divorce
annulment of marriage, court hears
mother, husband and whoever claims to be the father of the child.
A competent court under § 417.
(2) If the declaration consenting participants about who is the father of the child
, indicating that the trial protocol and to notify the Registry Office, which leads
birth book in which the child is enrolled.
(3) If the application is submitted before the final termination of proceedings for divorce or nullity of marriage
, the court shall stay the proceedings until the judgment
which it was decided that a marriage is void or || | divorce has become final. If the proceedings on divorce or nullity of marriage
stopped, or if it was the divorce or annulment
marriage lawfully dismissed, the court stops the proceedings.
Subsection 2
The process of determining and denial of paternity
§ 417
Territorial jurisdiction
(1) The management is locally competent court of the child.
(2) If it is not possible to determine jurisdiction under paragraph 1, it is to control
competent court of the mother.
§ 418
Initiation of proceedings
(1) The proceedings can be initiated only on a motion.
(2) If it has been finally determined that the marriage is not here, starts
court proceedings to determine the paternity of a child even without a petition.
§ 419
The denial of paternity motion
If it has been determined paternity agreement of both parents, the procedure for
Denial of paternity so determined to launch their own motion, if required by
obvious interest of the child and if they are to be filled
provisions guaranteeing fundamental human rights.
§ 420
Participants
(1) The parties are a woman who gave birth to a baby, a child and a man who says about himself
or on which it is alleged that the child's father (presumed father), or
whose paternity has to be denied.
(2) If a proposal is made against a guardian who was appointed
alleged late father, he is a party that guardian.
§ 421
Loss of eligibility to be a participant
(1) if it dies after the commencement of proceedings the petitioner and the other on the draft
authorized person within the time periods specified by the court expresses an interest in pursuing
proceedings, the court stops the proceedings.
(2) dies in the course of proceedings brought by others to authorized persons
presumed father, the court continues proceedings with a guardian appointed by the deceased
name.
(3) if it dies after the opening of the presumed father, who was a petitioner
court shall call the mother and child, whether they are interested in the procedure and sets a deadline for them
observations. If within the prescribed period
expresses or both expressed so that the continuation of the proceedings disagree
court stops the proceedings. Otherwise, the provisions of paragraph 2 apply.
§ 422
Links
management
Proceedings for determining paternity is linked to the management of the care of a minor child
and nutrition minor. This does not apply in the case of proceedings under § 415 and 416.
§ 423
The decision
The court decides on the merits of a judgment.
§ 424
Termination
If it has been determined paternity of a child in proceedings under § 415 or 416
court proceedings to determine paternity stops.
§ 425
Pardon the deadline
(1) If a proposal to deny paternity popěrné filed after the expiry of the deadline, the court may
within 4 months from the filing of a missed period waived
if required by the child's interest and public order. The decision of the court shall order
hearing, if necessary.
(2) Following the decision on the application for relief
court shall order a hearing. If they decide to reject the proposal due to filing after
popěrné expiration of the deadline, there is no need to order negotiations.
Subsection 3
The process of determining and denial of motherhood
§ 426
For determination procedure and denial of motherhood, the provisions concerning the management
the determination and denial of paternity appropriately.
Section 4
Proceedings in matters of adoption
Subsection 1
Proceedings in matters of adoption of a minor
§ 427
Object Management
In matters of adoption court especially
A) adopts a declaration of consent to adoption,
B) decide on the transfer of the child before adoption,
C) decides about determining whether you need parental consent to adoption,
D) decide on the proposal of parents who consented to the adoption, on the issue of
child
E) decisions on adoption,
F) decide on the confidentiality of adoption,
G) decide on the regulation oversight success rate of adoption.
§ 428
Territorial jurisdiction
(1) The management is competent court of who should be the adoption
(adoptee).
(2) proceedings on the transfer of the child prior to adoption abroad is
competent court, in whose district the Office for International Legal Protection of Children
.
§ 429
Initiation of proceedings
(1) The proceedings can be initiated only on a motion.
(2) If they were to learn and the circumstances of his secret or blood parent and
his consent to the adoption secret, the court's own motion
decide on its disclosure, justified by the very serious situation threatening || | adopted child to life or health.
(3) If justified by the circumstances of the case, the court's own motion
regulation on supervision adopter and adoptee for as long as necessary
whose length is determined.
§ 430
The requirements of the adoption of a child from a foreign country or abroad
Case of adoption of a child from a foreign country or abroad, and the petitioner did not join
draft decision of the competent public authority to consent to the adoption
, the court shall give the petitioner a deadline to complete the proposal. If the petitioner
proposal within the prescribed period fails, the court rejects the proposal
.
§ 431
Participants
(1) A participant in the adoptee, his legal representative and, unless the
Decision about whether you need parental consent to adoption, also the one who
intends to acquire the adoptee (adoptive). Unless the law
otherwise, participants are also the parents of the adopted child.
(2) A minor parent older than 16 years in managing full process capability
.
(3) The participant is also a husband adopters, if it is necessary for the acquisition of its
consent.
§ 432
Parents
adoptee
(1) Parent adoptee is not a party unless
A) has been deprived of parental responsibility and the right to consent to adoption
,
B) its legal capacity was granting consent to the adoption is limited,
C) granting consent to adoption before the application for adoption.
(2) The parents of the adopted child ceases to be a participant on the date of the decision
that is required for the adoption of consent.
§ 433
Obligation to renegotiate with the parent of the adoptee
(1) The court is obliged to renegotiate parent of the adoptee as
participant
A) if the consent to the adoption effectively revoked
B) if the amended decision by the finding that there is no need his consent to the adoption
,
C) if it has been modified or revoked the decision to limit its legal capacity
granting consent to adoption, or
D) if he re-attribution of parental responsibility, or at least
right to consent to adoption.
(2) If the parent who gave consent to the adoption, filed for
delivery of the child, the parent is only a participant in the procedure, in which
decide on this proposal.
§ 434
Representation
(1) minor adoptee who is not fully sui juris, in proceedings
represented by a guardian, whom the court appoints a rule authority
child protection.
(2) If the appointed guardian of the minor authority of socio-legal protection of children
, the complainant or application instituting proceedings, the court appoints
to the proposal guardian else.
§ 435
The decision
The determination of whether you need parental consent to the adoption, on the supervision and adoption
decided by a court judgment.
§ 436
Declaration of consent to adoption
(1) declares a parent after being informed of the nature and consequences
declaration of consent to adoption, the nature of adoption and the conditions
withdrawal of consent to adoption, to the court that giving consent to the adoption, | || writes the content of the statement to the court protocol. Protocol parent who
statement he made signs.
(2) Any district court is obliged to make a declaration under paragraph 1
and immediately transfer them to the competent court conducting the proceedings in cases
adoption to adoptive, whose adoption consent was granted.
If no relative of a minor, for which a declaration pursuant to paragraph 1
done yet commenced proceedings in matters of adoption, establishes
Court case file and refer the matter to the competent court under § 428. The || | consent to the competent authority for social and legal protection of children
. If it is not possible to determine jurisdiction, the court shall notify the approval of the authority granting
child protection in their district.
(3) relied If a parent consent to the adoption, the court shall
paragraphs 1 and 2 accordingly.
§ 437
Proving
(1) Proceedings in matters of adoption the court shall hear at least one parent
adoptee, even if they are not participants. This does not apply if
A) the parent is not able to express their will or recognize the consequences of their
conduct or to control it,
B) the parent is staying at an undisclosed location and this place failed
court, even by exercising due care in conjunction with other bodies
public authorities determine
C) the parent has been deprived of parental responsibility and rights
give consent to the adoption, or
D) legal capacity parents were granting consent to the adoption is limited.
(2) The court shall hear the proceedings husband adopters.
§ 438
Handing adopted child custody
Before deciding on handover of the adopted child to the care of the future adopters
immediately after both parents have given consent to the adoption or
soon as a child's health condition permits, performs the same court
investigation, which according to another implementing legislation for the decision to transfer
child into care before adoption.
§ 439
Determine whether you need parental consent to adoption
Where a court that does not require the consent of both parents for adoption,
appointed by the court for granting consent to the adoption of a guardian.
§ 440
Change ratios
(1) The court, on a proposal cancels a judgment which has determined that the adoption of a child
not need parental consent if new circumstances. If the proposal was to amend the judgment
finally rejected may re-submit a proposal soon
after 1 year from the legal force of a negative decision.
(2) A judgment has determined that the adoption of a child
not need parental consent can not be canceled, if a child legally adopted.
§ 441
Stay of proceedings
(1) If a petition for determination of paternity for adoptive court proceedings
suspended pending before it a proposal for a decision establishing paternity.
(2) If a motion for custody of another person who
say it is a close relative of the adopted person, the court shall suspend the proceedings until
before an application for custody decision.
§ 442
Declaration close relative of the adoptee
(1) declares if the proceedings in matters of adoption the adoptee close relative,
for which there is no need for adoption of parental consent, that is able and willing to care for a child
will initiate court proceedings on child custody others.
If the court a court having jurisdiction in proceedings under § 467
refer the matter immediately to the competent court.
(2) Following the initiation of proceedings pursuant to paragraph 1, the provisions of § 441 paragraph. 2
analogy.
§ 443
Last adoptee
(1) The judgment, which was pronounced adoption, indicating the court and the surname, which
adoptee will have.
(2) The provisions of paragraph 1 shall apply for the judgment of revocation of adoption
appropriately.
§ 444
Confidentiality adoption
(1) Pass if the court ruled on the confidentiality of adoption
given to the adopter or adoptee, the hearing on the merits public. The court is further
appropriate measures to secrecy of adoption.
(2) If the blood handed a parent proposal to conceal his people and with the consent
adoption, paragraph 1 shall apply mutatis mutandis.
Subsection 2
Adoption proceedings an adult
§ 445
Territorial jurisdiction
To control the competent court is the one who has to be gained
(adoptee).
§ 446
Initiation of proceedings
Procedure may be initiated only on a motion.
§ 447
Particulars of the proposal
He
If a motion for adoption of an adult, of which did not indicate whether the
an adult adoptee to join the proposal, the court will invite the applicant to the
deadline set by the court to complete the proposal. If you join an adult adoptee
on the draft within the time periods prescribed by the court, the court rejects the proposal
.
§ 448
Participants
(1) A participant in the adoptee, his child and a person who intends to acquire the adoptee
(adoptive).
(2) The participant is also a husband adopters, if it is necessary for the acquisition of its
consent.
§ 449
Representation
Full age adoptee whose legal capacity was limited, in progress
represented by a legal representative or a guardian appointed for this purpose
appointed by the court.
§ 450
Proving
Court proceedings hear parents adoptee, in the case of an adult adoption,
which is similar to the adoption of a minor child adoptee if it allows him
his mental and moral maturity to express their opinion in the matter of adoption, and | || husband adoptee.
§ 451
The decision
(1) The court decides on the merits of a judgment.
(2) If necessary, the court will decide about the surname of the adoptee.
Section 5
Caring court for minors
Subsection 1
Special provisions on interim arrangements affecting the child
§ 452
Interim measures governing child ratios
(1) find themselves if the minor child is in a state of lack of proper care without
regardless of whether there is or is not the person who has the right to care for the child,
or if the child's life, his normal development or other important interests
seriously endangered or if it has been disturbed, court preliminary injunction adjusted
child ratios for the necessary time so that it will order
child was placed in a suitable environment in order marks .
(2) An appropriate environment means nurturing environment for a person or
establishment qualified to ensure proper care for minor considering its
physical and mental state, as well as intellectual maturity and enable the realization
any other measures provided interim measure.
Interim measure under paragraph 1 may entrust the child into foster care
transitional period during which the parent child is not serious reasons
Educate or after which the child can be entrusted to the care of before
adoption, parents to consent to adoption or decide that
not need parental consent to adoption.
§ 453
Territorial jurisdiction
(1) The decision on the application for interim measures is appropriate
general court of the petitioner.
(2) If the provisional measures ordered by the court passes after his performance
case promptly to the competent court pursuant to § 467. If the court
which the case was forwarded for that court is not mentioned under § 467,
submit the case to its jurisdiction decision of the superior court;
this decision is the court whose jurisdiction has been determined, is bound.
§ 454
Initiation of proceedings
(1) Interim measures may be ordered by the court only upon the authority
child protection.
(2) The application for interim measures must contain in addition to the general requirements
application instituting proceedings the name of a minor, name, occupation and residence
other participants, if they are known to the petitioner,
account of the crucial facts justifying Regulation
preliminary measure, designation of the person to be handed over to child care.
Unless the proposal all the essentials, and these defects can not be
a draft decision within the prescribed period, the court shall reject the application.
Provisions for repairing or complete the filing, which does not contain all the prescribed requirements
or which is incomprehensible or vague, the
apply.
§ 455
Representation minor
(1) A minor may not be represented; If a minor has no legal representative or not
If it's legal representative in the proceedings represent,
appointed by the court competent according to § 467
guardian immediately after the referral of the case. Guardian appointed by the court rule authority
socio-legal protection of children.
(2) If the appointed guardian of the minor authority of socio-legal protection of children
, which filed for preliminary injunction, the court appoints a guardian to another
proposal.
§ 456
Deadline for a decision
The application for interim measures court decides immediately, at the latest
24 hours after its administration.
§ 457
Enforceability
Decision in which the petition is upheld enforceable release.
His verdict is binding for everyone.
§ 458
Delivery
The decision was delivered to the participants at the first performance of his performance.
Participants who were not present during the enforcement, the decision
deliver additional jurisdiction under § 467, along with it being understood that the
made his performance.
§ 459
The duration of the preliminary injunction
(1) Preliminary action lasts for a period of one month from its enforceability.
(2) a preliminary injunction, which the child entrusted to foster care
transitional period pursuant to § 452 paragraph. 2, second sentence, it takes three months from its
enforceability; if it was before the expiry of proceedings in the case
itself, then it takes until it becomes enforceable decision, which
this proceeding ends, or the decision was an interim measure
canceled.
§ 460
Extending the duration of the preliminary injunction
(1) If before the expiration date under § 459 paragraph. 1
initiated proceedings on the merits, the court an interim measure for a period not exceeding one month
repeatedly extended so that the total duration of the preliminary | || measures did not exceed six months from its enforceability. Then it can
time of the preliminary measures exceptionally extended only failing of
serious and objective reasons possible at this time to finish
evidentiary proceedings on the merits.
(2) If the court proceeded to whom the case was handed over in accordance with § 453 paragraph.
2, second sentence, and if not a superior court jurisdiction
yet decided decides to extend the duration of the court that the preliminary
measures ordered.
§ 461
International element
If a motion for preliminary injunction under § 452 and case
itself does not have the power to Czech courts under other legislation
period pursuant to § 459 shall not apply. The total duration of the preliminary measures
But in this case should not exceed 6 months.
§ 462
Cancellation preliminary injunction
(1) The parents of a minor, the authority child protection and guardian
Under § 455 Court may at any time propose lifting a precautionary measure.
Such a motion, the court must decide without delay, within 7 days. He
If the proposal is rejected, it may be a beneficiary, unless in it
other reasons, repeat after 14 days from the decision.
(2) The abolition decides jurisdiction under § 467. The provisions of § 460, paragraph
. 2 shall apply mutatis mutandis.
§ 463
Appeals
If it has been filed within the appeal against the decision on the pretreatment
child ratios competent court under § 467, can not be rejected for lateness
.
§ 464
Upheld the appeal court of first instance
Resolution on interim arrangements affecting the child may appeal directly change
Court of First Instance if the appeal in its entirety suit.
§ 465
Deadline for a decision on the appeal
(1) If a decision on the application for a preliminary injunction
attacked a timely appeal and did not proceed if the Court of First Instance under
§ 464, submit the matter to the Court of Appeal within 15 days of filing the appeal.
(2) The appellate court decides on an appeal against a decision on interim measures
under § 452-7 days of referral.
Subsection 2
Proceedings in matters of custody court for minors
§ 466
Object Management
In the proceedings, the court decides in particular on matters
) Name and surname of the minor child,
B) to care for a minor child,
C) feeding a minor child
D) contact with a minor,
E) parental responsibility
F) trusteeship,
G) custody of a minor child
H) the transfer of a minor child
I) the return of a minor,
J) for minor importance in which the parents can not agree
K) approval with the legal acts of a minor
L) representation of a minor child
M) taking care of the assets of a minor
N) institutional care of a minor and other educational measures
O) protective measures
P) foster care
Q) determining the date of birth of the minor child,
R) returns incapacitation minor child,
S) consent consent and withdrawal of consent legal guardian
independent operation of the business establishment or other similar
employment.
§ 467
Territorial jurisdiction
(1) The management is competent court of the minor child.
(2) Unless the court of known or can not timely intervene, intercede
court in whose jurisdiction the minor resides. However, as soon as possible
refer the matter to the competent court.
§ 468
Initiation of proceedings
(1) Proceedings under § 466 point. j), l) and m) can be initiated only on the proposal
guardian.
(2) Proceedings under § 466 point. r) as) can be initiated only on the proposal
minor or his legal representative.
(3) If the injunctions under § 452 starts
court has jurisdiction under § 467 immediately after the matter was referred
or what has been decided about its jurisdiction and proceedings of Care
a minor. A person who was a minor at the preliminary
action under § 452 passed into the care is delivered
resolution to initiate proceedings on the merits and a decision on the merits.
§ 469
Representation
(1) The child is represented in proceedings by a guardian appointed by the court to manage
name. Guardian appointed by the court rule authority for social and legal protection of children
.
(2) If the appointed guardian of the minor authority of socio-legal protection of children
, the complainant or application instituting proceedings, the court appoints
to the proposal guardian else.
(3) Paragraph 1 shall not apply to proceedings under § 468 paragraph.
2. In such proceedings, a minor full capacity to sue.
§ 470
The position of the Office for International Legal Protection of Children
If it is a matter related to a foreign country can be a participant acting
Office for International Legal Protection of Children.
§ 471
The decision
(1) The court decides on the merits of a judgment.
(2) In matters concerning the care of minors court decided in court with the largest
accelerating.
§ 472
Particulars of the judgment
The judgment in matters of contact with the child, a child, or the child's return
court will instruct participants in accordance with § 502, 503 and 504 on the possibility of exercising
Decisions and the ways of its implementation.
§ 473
Provisional enforceability
Provisionally enforceable judgments
A) condemning to perform maintenance
B) which extends the duration of an educational measure, which the child was
temporarily withdrawn from the custody of their parents or other individuals ^ 1).
§ 474
Tasks court in the care of minors
(1) In order to protect the interests of the child's parents led the court to find an amicable solution
. The court may impose on parents to a maximum period of three months participation
extrajudicial conciliation or mediation meetings or family therapy, or order them
meetings with experts in the field pedopsychologie.
(2) The court leads parents or guardians of minors for the proper fulfillment of obligations
taking care of a minor child and manage its property
affairs. Handled suggestions and warnings of natural and legal persons
parties care about the minor and taking appropriate measures.
(3) The suitability and effectiveness of proposed or intended measures
court usually finds opinion of an enforcing social and legal protection of children
who is familiar with the situation.
§ 475
Change ratios
(1) Whenever the circumstances, the court may change the decision concerning the execution
obligations and rights arising from the parental responsibility or
decisions on maintenance for the minor child.
(2) If a material change in circumstances or disagreement between the parents and the foster parent
substantive issues relating to a child, a child, a parent or a foster parent
ask the court to change the rights and obligations, cancellation
foster care, or other decision.
§ 476
Appeals
Approved by the court in matters of care for minors court judgment agreement
parents, parents are entitled to appeal to the verdict, which was approved
agreement.
§ 477
Procedure upon reaching adulthood the child in the management of its nutrition
If a child acquires in the course of the majority of its diet, completes
court proceedings under the provisions of this subsection.
Subsection 3
Special provisions for bringing proceedings minor in cases of international child abduction
§ 478
Use provisions
The provisions of this subsection shall apply to proceedings for the return
minor in cases of international child abduction under an international treaty
which is part of the law ^ 2) or by directly
applicable regulations of the European Union ^ 3).
§ 479
Territorial jurisdiction
To control rests with the court in whose jurisdiction the headquarters
Office for International Legal Protection of Children.
§ 480
Initiation of proceedings
Procedure may be initiated only on a motion.
§ 481
Participants
(1) Participants are
A) a person who claims that his right to child care, performed by
law of the State in which the child was habitually resident immediately before the removal or
detention was violated (the petitioner) | ||
B) the one on which the petitioner claims that the right to child care
executed under the law of the State in which the child was habitually resident
immediately before the removal or retention violates the (respondent) | ||
C) child.
(2) Where a party to a minor parent of a child who is not fully sui juris
reaching the age of 16, has the full control proceedings.
(3) A minor child's parent who is not fully sui juris and
not reached the age of 16 years, must be represented in proceedings by a legal representative if
court concludes that his mental and moral maturity does not allow || | act in self-management.
§ 482
Representation
(1) The child's guardian represented in the proceedings in which the court usually appoints
authority child protection.
(2) If the appointed guardian of the minor authority of socio-legal protection of children
, the complainant or application instituting proceedings, the court appoints
to the proposal guardian else.
(3) The decree on the appointment of a guardian is not appealable.
§ 483
The decision
The court decides on the merits of a judgment.
§ 484
Provisional enforceability
Judgment, which upheld the petition is provisionally enforceable.
§ 485
Stay of proceedings
(1) Management can not be suspended, unless the court decided to request the judicial authority
European Union for a preliminary ruling.
(2) In proceedings may not be waived missed period.
§ 486
Measures court
(1) The court makes its own motion the appropriate measures to ensure conditions for
return of the child, in particular to take measures to
A) judicial supervision over the movement of the child in the territory of the State
B) preventing the child to leave the country without court approval,
C) prevent a breach of personal ties between the child and the petitioner.
(2) The court shall decide on the proposal petitioner also on interim arrangements for contact
petitioner with a child witness if the applicant is entitled to child care.
(3) to take appropriate measures court decides immediately, usually
without hearing the parties. The decree was appropriate measures pursuant to paragraph 1
stored, it is not appealable.
§ 487
Negotiations
(1) The court orders a hearing, which must be held within three weeks of the submission of the proposal
.
(2) During the hearing the court will hear the petitioner and the respondent. The Court also finds
child's opinion.
(3) If in the course of negotiations for an agreement between the petitioner and the respondent,
in terms of child care and intercourse with him by the court obligations opponents for him
agreements resulting from the preliminary injunction.
§ 488
Failure of the respondent
If the defendant fails to appear at a hearing without timely and reasonable
excuses and does not respond to the petition, not in writing, it is
considers that the proposal is not against the return of the child's objections. About this
aftermath of the failure must be informed opponents.
§ 489
The decision
(1) If there are reasons worthy of special consideration, the court
adjudicate usually within 6 weeks of initiation of proceedings;
If the court issues a decision after the expiry of this period, stated in the preamble to the decision
facts for which it was not possible to meet the deadline.
(2) The court may make the decision to conditionally suspend or recover
child by fulfilling reasonable assurance petitioner or issue
decision or action by submitting other organs of the state, into which a
child back.
§ 490
Appeals
(1) If an appeal is lodged against the judgment of the child's return, forward
Court of First Instance of thing appeals court within 7 days from filing an appeal. About
decide the appeal court of appeal within 30 days of the matter.
(2) The appellate court may postpone the enforcement of the resolutions of the sentencing
return of the child if the child's return occurred. The postponement
enforceability decide within 3 days of referral.
§ 491
Recovery Management and confusion
Action for retrial and an action for nullity are not permitted.
Part 2
Enforcement
Section 1
Special provisions on enforcement in the protection against domestic violence
§ 492
Jurisdiction
Decided if the court under § 405, enforcement provide urgently always
Court of First Instance.
§ 493
Performance Design
Enforcement is carried out so that the court, in cooperation with relevant public authorities
recognized compulsory from the common dwelling, he
remove all keys from a common dwelling, which holds a mandatory, and optionally disables meet him
with a designated person or otherwise contacted.
The Court also provide compulsory opportunity to direct the exercise of judgment
retrieved from a common dwelling of his personal valuables and personal documents
, and things which are for his personal use;
during the duration of the decision under § 405 are mandatory and allows pick things
necessary for the performance of its business or professional activities, or things necessary
another serious reason.
§ 494
Things mandatory
Unless required when enforcement is present, provide it with the court at his request
during the duration of the decision under § 405 opportunity to
from a common dwelling pick up things mentioned in § 493.
§ 495
Mailing Address
In the enforcement of mandatory court also asked to tell the court
address to which it will be possible for the duration of the decision by
§ 405 serve the legal documents associated with that decision, or to chose a representative
for correspondence and warn him that he
documents will be delivered by depositing in court by another law,
If the challenge fails.
§ 496
Repeated performance
Should the obligatory after the enforcement of the provisions of § 493
obligation not to enter into a joint dwelling and not stay in it, the court
any time and without delay to the proposal of the authorized re-done performance
decision removing the mandatory common dwelling.
Section 2
Special provisions on enforcement of judgments in matters of custody court for minors
Subsection 1
Special provisions on enforcement of the pretreatment conditions
§ 497
Performance preliminary injunction under § 452
(1) If the court ordered the provisional measure that a minor child
was handed over to the appropriate environment while ensuring its immediate performance.
(2) a decision is made that the court of
in cooperation with relevant public authorities minor child shall transmit to the appropriate
environment; if your child is at another person or device, it will be
order for placement in suitable environments withdrawn. The provisions of § 500 to 504,
507 and 508 shall not apply.
(3) When enforcement is necessary to proceed carefully with regard to child
so that there is no unacceptable harm to his mental and emotional
developments or otherwise unjustified interference with his rights.
(4) With regard to the age and intellectual ability the child is informed about
reasons and all steps associated with the execution of the decision. Especially
him with regard to his intellectual capacity and emotional ties
explain the reasons that led to this performance, which will be transferred, or he
answer questions in this regard lay.
§ 498
Territorial jurisdiction
Responsible for the enforcement of that decision by the court, which ordered interim measures
. Where the matter has been handed over to the competent court under § 467 is
competent to execute the ruling, the court to which the case before it.
§ 499
Representation minor
Minors may not be represented; If a minor has no legal representative
or not, if it's legal representative in the proceedings represent, appoints him
jurisdiction under § 467 of the guardian immediately after the performance.
Subsection 2
Enforcement for the care of minors
§ 500
Territorial jurisdiction
(1) The management is competent court of a minor.
(2) The enforcement of judgments in cases of international abduction of a minor child
is the court which issued the decision.
§ 501
Invitation to fulfill obligations
(1) If the court finds special reasons, or if a person who fails to comply
court decision or the court approved agreement on the care of a minor child
and regulating contact with him or a decision to return a child in
decision or agreement informed of the consequences of non-compliance with the obligations laid down
, invite him to a court decision or the court approved agreement
filled, and instruct him about the possibility of enforcement storing
fines or imprisonment of a child.
(2) The court may also ask the competent authority of social and legal protection of children
to lead mandatory to voluntary compliance court decision or
court approved agreement on the care of a minor child and regulating contact with him or
the decision to return the child, without the need to impose performance
decision.
§ 502
The enforcement
(1) The court shall order the enforcement of the decision imposing a fine against anyone who fails to comply voluntarily
court decision or the court approved agreement on the care
minor child, or to modify contact with him or the decision to return a child
.
(2) a decision imposing a fine may be ordered again, only if it is expedient
; the amount of individual fines must not exceed 50,000 CZK.
Seem fines and court records state the amount of the fines recovered.
§ 503
Other measures
(1) Where appropriate, the court may
A) A person who fails to comply voluntarily judicial decision or the court approved agreement
about the care of a minor child, or to modify contact with him or
decision to return a child to order the first meeting with the mediator in the range
3 h
B) unless there are conditions for changing the decision to establish a plan
navykacího mode (the "Plan"), if it is in the interest of the child;
plan is determined so as to facilitate the gradual contact with a child by a person authorized to
contact with him; court usually before the planning affix
Expert opinion on the appropriateness, content, scope and duration;
performance control of the implementation plan, the court shall instruct the appropriate person or device does not
if the court exercise control directly
C) to decide on the imposition persons, among which is to be implemented
intercourse, intercourse exercise supervised by a social and legal protection
children
D) impose mandatory meetings with experts in the field pedopsychologie.
(2) If the court finds the plan breaches any of the parties that have influence on purpose
navykacího mode or reaches to the conclusion that navykací
regime does not fulfill its purpose, plan and proceed to cancel performance decision under §
504th
§ 504
Withdrawal child
If left court procedure pursuant to § 502 and 503 fruitless or if
after the initiation of proceedings the circumstances appear that this is clearly
not lead to the fulfillment of the obligations, the court shall order enforcement is imprisonment
against child with whom according to decisions or agreements not to be, and his
transfer those to whom it was by decision or agreement has been entrusted or
be returned, or those to whom a decision or an agreement to grant the right of access
with the child for a limited time. Enforcement of the decision imprisonment of a child and his
transfer those to whom a decision or agreement to grant the right of access
with the child for a limited time, the first sentence may be ordered only in exceptional cases
. The decision, which was a decision to withdraw the child
Regulation shall be served upon mandatory to perform the exercise.
§ 505
Costs
Costs of their decisions are
A) loss of earnings and cash expenses of the persons involved in the enforcement
custodial child
B) costs reasonably incurred with the opening of the apartment and other rooms
mandatory or other persons under § 509
C) the cost of the necessities of a minor child in the exercise
decision
D) transport costs associated with the minor's reinstatement in international kidnapping case
.
§ 506
Reimbursement of costs
Costs paid by compulsory enforcement. If the costs were participants
replaced by a procedure under § 507, paid mandatory state costs.
The state has a mandatory against a right to compensation rewards mediator for the first meeting
you paid, if not for the statutory prerequisites for
exemption from court fees.
§ 507
Pumping fines for reimbursement of child
(1) On a proposal by the legal representative or guardian of a minor child can
court decision to draw funds to replace
incurred and documented expenses, if it serves to satisfy essential
child's needs, and to the amount recovered fines that are
registered under § 502.
(2) The court outflows representatives of a minor
not be granted in cases where the applicant, who was ordered to perform
judicial decision or the court approved agreement on the care of a minor child and
regulating contact with him or the decision to return the child, this decision
agreement or fails to comply voluntarily.
§ 508
Binding force of decisions
(1) Regulation enforcement under § 504 is mandatory for everyone.
Court will be performed in cooperation with the competent state authorities.
(2) The provisions of § 497 paragraph. 3 and 4 shall apply mutatis mutandis.
§ 509
Authorization in the exercise
If required the enforcement of custodial child is one who performs
performance entitled to inspect the apartment and other premises
mandatory or another person if it is possible to assume that in them
the child is located; for this purpose is empowered to obtain access to the apartment and other premises
mandatory or others. These persons are obliged to allow access
.
§ 510
Annulment of the decision in the appeal
When deciding on the appeal lodged against the decision in matters of enforcement
decisions about the care of minors, a decision the court of first instance
canceled only for the reasons that for the annulment of the decision in the appeal
defines Civil Procedure. Investigation or evidence which are
needed to confirm or change the order of the court of first instance, the appellate court
perform either itself or through a court of first instance or
requested court.
Section 3
Special provisions on enforcement in matters of maintenance
§ 511
Territorial jurisdiction
The regulation and the enforcement and court activities before
regulation enforcement, in the case of enforcement of a recovery
maintenance of a minor child, the competent court of the minor.
The provision conferring jurisdiction shall apply mutatis mutandis.
§ 512
The position of the Office for International Legal Protection of Children
If it is a matter related to a foreign country may be in enforcement proceedings
imposing an obligation to pay maintenance Agent participant
Office for International Legal Protection of Children.
§ 513
Activities of the court before ordering the enforcement
Case of enforcement of child support payments, the court shall give the request
participant's assistance in identifying residence of the person to whom the decision that
obligation. The Court would proceed in cooperation with other public
power.
PART THREE
TRANSITIONAL AND FINAL PROVISIONS
Transitional provisions
§ 514
Proceedings of denial of paternity initiated before the effective date of this Act
to the proposal of the Attorney General shall be completed by
existing legislation.
Enabling provisions
§ 515
Ministry of Justice decree establishes rules of procedure for district,
regional and supreme courts, which adjusts for further processing
private things work organization and tasks of the exercise
judicial procedure, including notary performing acts in the proceedings
on the estate, and the approach of the courts in enforcement. In particular, it provides
that simple tasks conferred on the President of the Chamber or a single Judge
trainees may exercise judicial or administrative
employees and which acts in the proceedings on the estate notary may entrust
its employees.
§ 516
The Ministry of Justice shall issue a decree
A) the amount and method of determining remuneration and reimbursement of cash expenses for
notary acts that the management of the estate has performed as a court commissioner,
B) the amount and method of determining remuneration and reimbursement of cash expenses
administrator of the estate.
§ 517
Amount and method of determining remuneration and reimbursement of cash expenses of winding
administrator modifies a government decree.
Efficiency
§ 518
This Act comes into force on 1 January 2014.
Zeman
Rusnok vr
Selected provisions of amendments
Art. VI Law no. 87/22015 Coll.
Transitional provisions
To determine the local jurisdiction in proceedings that were commenced before
effective date of this Act shall apply Act no. 292/2013 Coll., As amended
effective prior to the effective date of this Act.
1) § 13a of Act no. 359/1999 Coll., On child protection, in
amended by Act no. 401/2012 Coll.
2) Convention on the Civil Aspects of International Child Abduction,
promulgated under no. 34/1998 Coll.
3) Council Regulation (EC) no. 2201/2003 of 27 November 2003
jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility
repealing Regulation (EC) No. 1347/2000.
