26/2000 Sb.
LAW
of 18 May. January 2000
on public auctions
Change: 120/2001 Sb.
Change: 517/2002 Sb.
Change: 257/2004 Coll.
Change: 181/2005 Sb.
Change: 377/2005 Sb.
Change: 56/2006 Sb.
Change: 315/2006 Sb.
Change: 110/2007 Sb.
Modified: 296/2007 Sb.
Changed: 7/2009 Sb.
Change: 223/2009 Sb.
Change: 396/2009 Coll. 401/Sb.
Change: 303/Sb.
Change: 167/2015 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
COMMON PROVISIONS
§ 1
The subject of the edit
This Act regulates the public auction and the emergence, duration and termination of certain
legal relations related to it. Under this Act shall,
unless otherwise provided by special legal regulations otherwise. ^ 1)
§ 2
Definition of terms
For the purposes of this Act shall mean:
and the auction is a public hearing), the purpose of which is the transition of ownership
or other rights to the subject of the auction, held on the basis of a proposal
the applicant, in which the auctioneer turned to advance to an unspecified circuit
persons present at a designated place or in a public
the data network to the specified address with a call for the submission of tenders and, where
the person who under the conditions will make the highest bid, goes
hammering auctioneer or other ownership right to the subject of the auction,
or the same public hearing, which was closed because of the licitátorem,
that has not been done even the lowest of administration,
(b)) by the applicant, the person who under the conditions laid down in this Act
proposed sale,
(c) a participant in the auction the person present) during the auction, which came, or
signed up in an environment of public data network to the specified address and under the
to make a submission, and meets the conditions laid down in this Act,
(d) ensure the certainty of the auction) of future commitments of the participants of the auction in
the specified amount and form,
e) auctioneer, a person who organizes the auction and has the appropriate
privilege (§ 6 (1)); If it is a property of territorial self-governing units
or property of the State, the auctioneer may be even any local government unit
or the competent authority of the State administration,
e) auctioneer, a person who organizes the auction and has the appropriate
the trade licence; If it is a property of territorial self-governing units
or property of the State, the auctioneer may be even any local government unit
or the competent authority of the State administration,
(f) the natural person authorized to licitátorem) do in the name of and on behalf of
during the auction, the auctioneer acts
g) by invoking the licitátorem presented a declaration or data message
auctioneer about the subject of the auction, putting the lowest administration and above
set minimum bid up, as well as a challenge to the participants of the auction to
the submission of tenders,
h) commencement of the auction, the auctioneer's fee statement launches the auction, if it is not
otherwise stipulated,
even if the tender auction Administration) made during the auction of
at least provided for the lowest of administration; the next administration must exceed
Administration already taken by at least the minimum bid, unless
otherwise provided for; in the case that has been dealt face-up numbers, tenders shall be
taken orally and by raising the numbers; Administration is perfect to the oral offer
with the exception of the electronic auction, when the tender is implemented
delivery of data messages,
j) impact of auctioneer you operation hammer or instrument
auctioneer in the electronic auction of auction
stop receiving other offers submitted to a data message and
the subsequent publication of the information about the end of the auction (impact Award) on
address, where the auction is being carried out and distribution of data messages on their
the auction all participants in the auction, which occurs under certain conditions to
the transition of ownership or other rights to the subject of the auction,
to the successful bidder a participant of the auction), which was awarded the hammer,
l) donation auction price reached vydražením and the possible
Accessories,
m) costs of the Auction Reward auctioneer and costs reasonably incurred
auctioneer on the material and organizational security for the preparation and the course of the
auction; between the costs reasonably incurred and obligations must include reasonable
the cost of the security awareness of the auction, including information in
the press, and the costs of publication of the auction way in place
as usual, as well as the costs incurred by the auctioneer, to increase its
premiums for liability insurance, if with regard to the
the value of the auctioned things had to be arranged on the auctioneer's premium increase
more than 10% of the original premiums,
n) non-payment of the auction price by frustrating the successful bidder within the prescribed period,
about) Central address the only place where they are in the public
information system (Internet) available information specified by this
the law or the information provided voluntarily by other participants
auctions,
p) by the administrator of the central address of the person the organising for consideration of publication
information designated by law or voluntarily provided information
other participants in the auctions,
q) data message electronic data that can be transmitted by means of
electronic communication and keep on recording media
used in the processing and the transmission of data by electronic means.
§ 2a
(1) negotiations in the organisation and in the course of the auctions take place always in Czech
language. Documents must be written in the Czech language, otherwise they
not taken into account. This does not affect the right to submit a document in a language other than
Czech language together with an official translation of the document into the Czech language.
(2) a participant of the auction can be use in the course of the auction and in a foreign
the language to be translated into the Czech language interpreter, which
procure at its own expense, if this fact in writing
dražebníkovi, no later than at its entry in the list of participants of the auction.
§ 3
The participants of the auction
(1) a participant in the auction may always be the State, even if the other
the person was excluded from the auction.
(2) Participants of the auction may not be the person that cannot be
ownership and rights to the auction items ^ 2), a person whose property has been
declared bankrupt, or insolvency petition to the assets of such person was
rejected because her property is not sufficient to cover the costs
insolvency proceedings for a period of 3 years from the legal force of such
the decision; No one is allowed to bid for them.
(3) the participants in the auction shall not be persons for whom, in consequence of the acquisition of
ownership of the object of the auction may have exclusions, limitations or
distortion of competition; ^ 3), no person shall sell by auction for them.
(4) the participants in the auction may not be the nesložily auction
sure, if required, and in the repeated auction or the successful bidder that
caused the destruction of the previous auction of the same subject at the same auction
auctioneer; No one is allowed to bid for them. To bid in the auction, which controls
they are charged with, nor employees of the competent Trade Licensing Office
and the control of the sale authorized employees of the Ministry for regional development
(hereinafter referred to as "the Ministry"); No one is allowed to bid for them.
(5) the participants in the auction, the auctioneer shall be the organising and carrying out the
this auction, the person who is the statutory body or a member of his
of the statutory or other authority, his employee, the auctioneer, who
this auction is the auctioneer acts, and on the receiver
the essence, liquidator or trustee, if the petitioner of this
auction; No one is allowed to bid for them.
(6) a participant in the auctions also may not be the person that is in relation to some
of the persons referred to in paragraph 5 person ^ 3a), a companion, a person
the controlled entity or person which form a group with her ^ 3b); No person shall sell by auction
for them.
(7) where the nature of the subject of the auction is permissible does not preclude the common
the participation of more parties to the auction in order to acquire the subject
the auction. The condition of the common participation in the auction is that it will be before writing
common list of participants of the auction participants presented
dražebníkovi affidavit of all common participants in the auction, which
It will include the determination of future shares in the vydraženém of the subject of the auction,
as well as the authorization of the person entitled to the common participants in the auction
to represent and to be provided with officially verified signatures all
common to the participants of the auction. With the exception of the determination of the person entitled to the common
participants in the auction does not represent any restrictions contained in the Declaration
the participants of the auction, or arising from their agreement to
dražebníkovi not effective against third parties. Finally, the participants of the auction
responsible for the payment of the price reached vydražením jointly and severally.
§ 4
The representation of the
Participant of the auction may give at auction represent the representative on the basis of
the power of attorney with the notarized signature; per participant of the auction may
Act representative.
§ 5
The exclusion of certain things and rights of auctions
(1) under this Act cannot be auctioned things and rights, with which on the basis of
an enforceable decision of a court or Government authority cannot be
to dispose of, unless otherwise provided by this Act.
(2) when the auction of securities shall apply mutatis mutandis the provisions of this
law, unless a special law governing the
the capital market does not provide otherwise.
the title launched
§ 6
Special conditions for the operation of the auction business
(1) the Auctioneer may be a natural person registered in the commercial register,
commercial company or cooperative, which fulfils the conditions laid down
This Act and she was granted permission to operate
trades. To issue a concession for the implementation of auctions under this Act's
the competent authority shall request the opinion of the Ministry of trade. Without
the opinion of the Ministry, in which the Ministry expressed that the auctioneer
has the prerequisites to the exercise of the auction activities and related activities,
cannot trade concession. In the opinion of the Ministry
assess assumptions auctioneer auction activity and exercise activities
related in terms of compliance with the legislation in force, guarantees
protection of the interests of the applicant, the owner of the lot, the participants of the auction
and other persons having rights to the subject of the auction is also based on him
submitted, the auctioneer, drawn up the basic rules of procedure
auctioneer in the performance of the auction activity and related activities. Person
established on the territory of a Member State of the European Union, the other State forming
The European economic area and the Swiss Confederation, which proves that the
under the legislation of a Member State of the European Union, another State
the formation of the European economic area or the Swiss Confederation
authorised to carry on business for similar activities, is in the territory of the auctioneer's
The United States authorized to perform only voluntary auction. This person
must have prior to its responsibility for insurance
the damage that could arise in connection with the activities of the auctioneer; on
This person is the more specific conditions to trade auctioneer
do not apply.
(2) the Auctioneer must within 30 days of the issue of the concession contract
insurance liability for the damage that could arise in the
the context of the activities of the auctioneer.
(3) the Auctioneer conducting the auction must in addition to the requirements of involuntary
referred to in paragraphs 1 and 2 meet the following conditions
and) If a legal person, its registered capital, or
the recording capital of at least Eur 5 000 000 and must be in the
fully paid up,
(b)) its obligation under paragraph 2 must be met so that the amount of the
the claims amounted to at least 35 000 000 Eur, and
(c)) is required to have been validated for its financial statements by the auditor referred to in
special legal regulation ^ 4a).
(4) if the administrator in bankruptcy by the applicant, must not be at the auction
participate in the auction. If the proponent of the administrator in bankruptcy,
that is a legal person shall not carry out auction auctioneer, that is
in relation to the applicant, a person forming a companion with him,
its statutory body or a member of his statutory or other
authority or its employee, nor the auctioneer, which the petitioner is
Companion. If the proponent of the receiver that is
a natural person shall not carry out auction auctioneer, that is in relation to the
applicant person or his employee, or auctioneer,
the appellant is a partner, a statutory body or a member of his
of the statutory or other authority, or his employee.
(5) if he violates the obligation to refrain from the auctioneer auctions, although he was obliged to
to do so, or any of the requirements referred to in paragraphs 2 to 4 shall be considered as
such violations of a serious breach of the obligations under the trade
^ 5) of the Act.
(6) The auctioneers-local government units and State administration bodies-
the special conditions for the operation of the activities of the auctioneer shall not apply.
§ 7
Monitoring of compliance with the conditions for organizing and conducting auctions by
This Act is performed by the Ministry, which monitors and
auctioneer obligations imposed by this Act. Trade Licensing Office shall send the
without delay a final decision on granting a concession or wound
the Ministry; the Ministry shall publish on the
Central address
dražebníku data in the range published the Trades Licensing Office in
trade register. ^ 6)
§ 8
The auctioneer
(1) Licitátorem can be only a natural person having the capacity to perform legal acts
and physically fit for this activity.
(2) the auctioneer launches auction, calls on the parties to make submissions,
awarded the hammer and also draw on the grant carried with the hammer.
§ 9
Archiving obligation
(1) the Auctioneer is required to keep proper records of the filing and secure
efficient and secure storage of documents related to the auction. Also
secure storage of documents of the enterprise, if the subject of the auction, and
According to a special legal regulation.
(2) the Auctioneer is obligated to allow access to the archived documents
referred to in paragraph 1 in the case of a participant of the auction sale, which this
participant and staff took part in the trades of the Office responsible for
the control of the employees of the Ministry of trade, responsible for
monitoring of the implementation of auctions and tax authorities in tax proceedings.
§ 10
Transmission and service of documents and sending money
(1) the document shall be sent by mail in the form of correspondence delivered to the
your own hands with acknowledgement of receipt; You can pass any other demonstrable
way to the hands of the persons that are specified.
(2) an amount shall consist in cash or be sent by mail in the form of
cash shipments into their own hands, by transfer from bank account
or savings and credit cooperatives or other non-cash
manner; You can also pass other provable way into the hands of
the person to whom they are intended. The auctioneer may accept payment by cheque or
with a credit card.
§ 11
Designation of persons and things
Persons and things must be referred to way as their confusion.
§ 12
Other terms for auctions
(1) the place, date and time of the start of the auction shall be designed so as not to
limited ability to participate in the auction.
(2) the method of payment of the price, the auctioneer and handover of the subject of the auction conditions and
the minimum bid must be determined having regard to the peculiarities and the value of the
the subject of the auction; must not be set in order to limit interest in participation in the
auction.
(3) the Auctioneer is required to supplement the data be transmitted or documents
provided for by specific provisions based on land registry office or call
the Central administrator address.
(4) publication of the way in place of the usual is for real estate auctions
publication on the official Board of the municipal authority, the Office of the city district or
the urban perimeter, the area in which the property is situated. For the publication of the
way in place of the usual hive, delivers these to auctioneer
authorities auction notice with a request for its publication on the official Board and
at the same time in a periodical review intended for the territory of the local government
a whole, the area in which the property is situated, shall publish at least the basic
details about the subject of the auction, place and time of holding the auction, the lowest of administration,
the amount of minimum bid up and the estimated or determined the price, as well as an indication of the
where you can get acquainted with the full text of the auction.
(5) the participants in the auction and others present in the auction are in the course of its
the venue must not disturb the progress of the auction conduct contrary to good
morals.
(6) the Auction may be present any person who has paid the entry fee.
Admission to one of the auction day to a maximum of 100 € per person per day.
The selected entry fee is included in the proceeds of the auction.
section 13 of the
An estimate of the price of the subject of the auction
(1) the Auctioneer shall ensure that an estimate of the price of the subject of the auction in place and time
the usual. The estimate may not be on the day of the auction over six months.
In the case of real estate, business, organizational) his ^ 7 ^ 8 folder), or a thing
declared a cultural monument, ^ 9) shall be the price of the lot
established expert. ^ 10) the expert estimates and deficiencies as a result of
the transition of ownership of the Lord, and amend the estimate
prices.
(2) a person who is in possession of the subject of the auction is required after the previous
the challenge at the time specified in this challenge, allow the estimate, as well as
inspection of the lot. The period of inspection shall be laid down in the invitation to the
taking into account the nature of the auctioned in real estate as a rule three
weeks after despatch of the call.
(3) If a person who is in possession of the subject of the auction, will not allow the implementation of
estimate or tours of the lot, you can make an estimate based on
the available data, which has the auctioneer available.
§ 14
The auction house, the security
(1) the Auctioneer is entitled to ask for the composition of the participant of the auction after auction
certainty.
(2) the Auction Participant is obliged to lodge a dražebníkovi within the time limit referred to in
auction auction certainty, in cash or in the form of a bank
warranty; the auctioneer is required to allow both of these ways, cash
the payment, however, only up to the limit set out in the Act on restriction of payments in
cash ^ 10b). If so provided by auction, the guarantee must be
the Charter issued by the Bank with its registered office on the territory of the United States or
foreign bank authorized to operate in accordance with the particular legal
^ 10a) Regulation on the territory of the Czech Republic. In the auction may also
be as a condition of acceptance of a bank guarantee minimum
the period of its validity, but not in the length of more than 160 days from the date of
the auction, which are covered by a bank guarantee.
(3) For the composition of the auction of the security must be provided to the participant of the auction
reasonable time-limit, which shall not be less than half of the time limits laid down
for the publication of the auction. In the auction may be the end of the
the time limit for the composition of the securities in the auction of cash to the attention of the auctioneer or
in the form of a bank guarantee set at a specified moment preceding the
the start of the auction, but not for a moment earlier than the sixteenth hour
the business day immediately preceding the date of the auction. If it is not
in the auction provided for something else, the deadline for the composition of the
the auction of a security starting the auction.
(4) Auction, the security shall not exceed 30% of the lowest of administration; must not
However, exceed the amount of Eur 1 500 000 plus 10% of the amount
more than 5 000 000 CZK.
§ 15
Inspection lot
(1) before the start of the auction the auction participants must be allowed in the term
referred to in the announcement of auction inspection of the lot. The term
tours of the subject of the auction the auctioneer determined with regard to the place of safekeeping
movable property or the location of the immovable.
(2) if the lowest submission exceeds Czk 1 000 000 or in the case of
real estate, business or organizational folder must be allowed
the participants of the auction lot tour at least two times
listed in the auction, which may not be established on the same day.
(3) with a tour of the lot cannot, except for proof of identity,
to associate additional conditions; This is not about the conditions attached to the protection of
life and health, and conditions arising from the law imposed
obligations of confidentiality obligations laid down specific legal
^ 11) or regulation of commercial confidentiality.
(4) if the owner or person who is the subject of the auction in possession or
the lease will not allow proper inspection of the lot, will tour
carried out in the framework of the possibilities. For this reason, unable to pronounce the invalidity
the auction.
section 16 of the
Return the auction securities and documents
(1) if the auction Was lodged on account, it returns the auctioneer
participant of the auction that the subject of the auction wins the auction,
sure, including accessories, without undue delay after the end of the auction.
(2) if the auction has not been lodged on account, it returns the auctioneer
participant of the auction that the subject of the auction wins the auction,
sure, without undue delay after the end of the auction.
(3) a bank guarantee submitted by the participant of the auction that the subject of the auction
won, the auctioneer shall without undue delay
participant of the auction.
(4) of the Charter, whereby the beneficiaries have their rights to the subject
the auction or the emergence of claims, returns to such persons without auctioneer
undue delay after the end of the auction; However, if the auction doesn't end the granting of an
impact of the Charter to such auctioneer returns to the beneficiaries without
undue delay after expiry of the deadline for the submission of the proposal on
perform a repeated auction or after the end of the repeated auction.
(5) in the event of the abandonment of the auction auction auction house compound returns
certainty without undue delay after the abandonment of the auction.
section 16a
Electronic auction
(1) the Auction can still be made electronically.
(2) electronic auction is taking place at a public data network, where
through the technical equipment or software
implemented the transition of ownership or other rights, and the auctioneer is
must provide uniquely identifiable transfer data messages from the
the participants of the auction.
(3) on the action taken in the electronic auction is available officially
authorized signature to replace the advanced electronic signature issued by the
an accredited certification service provider (the acclaimed
electronic signature) ^ 18).
(4) in the electronic auction the auctioneer in the auction shall set
also
and) registration method of bidders,
(b)) the way of the electronic auction,
(c)) the start and end time of the electronic auction, during which you can
increase the submission,
d) determining the successful bidder in the case referred to in § 23 para. 10, § 47 para.
10 and § 47 para. 11 the third sentence,
(e) the application of the right of pre-emption) date and method of communication of the decision, whether the
right of first refusal is shown.
(5) the conditions of the procedure in the electronic auction establishes the Ministry of
by Decree.
PART TWO
VOLUNTARY AUCTIONS
§ 17
Special provisions
(1) Auction the auction is carried out on a voluntary proposal for the owner. A proposal from the
may bring even more people, and even if they are not co-owners of the subject
the auction.
(2) chattels auctions under this Act can be performed on
the basis of issued business licence; special conditions for
operation of the activity itself, in the implementation of voluntary auctions
the sale of goods do not apply.
(3) the subject of the auction can be a thing, undertaking ^ 7) or part thereof, or other
thing, the set of things in bulk, apartment or commercial space owned by the
under special legislation ^ 11a), and transferable property right,
It was suggested their auctioning and fulfil the conditions laid down in this
by law.
(4) the owner shall mean also the person who is entitled to with the subject
the auction is the owner empowered to manage and or on the basis of the Special
the law shall be entitled to dispose of the liquidator, subject of the auction and
the insolvency practitioner.
(5) Objects of cultural value of archaeology and cultural items
the value of the sacral and iconic nature can be auctioned, only if they are provided with
certificate of permanent export ^ 11b). Things on which is binding legal
right of first refusal of the State under special legislation, statutory ^ 12)
pre-emptive right of ownership, and flats and non-residential premises, with which it is
treatment of limited right of tenants to preferential acquisition of ownership or
the legal supply of tenants under a special legal
prescription ^ 13), you can bid only if the each of the authorized persons with
by performing the auction in the form of a written statement of consent with
the notarized signature and submitted to dražebníkovi no later than
before signing the auction. This consent may be subject to the condition
the lowest of Administration will not be lower than the price in the consent referred to. Even without the
This consent is permissible, the auction held at the proposal of the administrator
in bankruptcy, if called upon in writing the administrator in bankruptcy
the use of the beneficiaries of the right of pre-emption, or right of
priority the acquisition of the lot and was not used in time this right.
If the auction takes place under this paragraph, it is not permitted to lay down
the lowest price or injection under referred to in any of the consents
granted to the beneficiaries, to reduce the lowest Administration held
a repeated auction; rights pursuant to § 23 para. 11, however, are not affected.
(6) the transition of ownership of the flats and non-residential spaces on the successful bidder
on the basis of auctions held pursuant to paragraph 5 shall lapse: pre-emptive rights
tenants, as well as their rights to preferential acquisition of ownership to
these flats and non-residential spaces, if previously alive. Apartments in
buildings owned or co-owned cooperatives, on the
the construction was given the financial, credit and other assistance referred to in
special legislation ^ 13a), if the team was obliged to
to conclude a contract on the transfer of the apartment with a natural person by a member of the cooperative, which
under special legislation ^ 13b) called on the squad to the conclusion
Treaty on the transfer of the apartment, unable to bid.
(7) to bid in the auction, a voluntary, ownership of which cannot be real estate
purchase is restricted to registered in the land registry, and things
the movable property whose ownership is restricted to registered in the option to buy
documents certifying ownership and necessary for dealing with things. It
does not apply if the each of the authorised persons in carrying out the auction your
consent in the form of a written statement with its notarized
signature and submitted no later than dražebníkovi before signing the auction
the Decree. Even without this consent is permissible, the auction takes place at the
the design of the receiver. If the auction takes place with the consent of
authorised persons, is not permissible under the Administration set a minimum price
or referred to in any of the consents granted in this way, reduce the
the lowest Administration held a recurring auction; rights pursuant to § 23 para. 11
However, are not affected. The transition of ownership of the subject of the auction on
the successful bidder shall cease pre-emption rights referred to in the first sentence.
(8) the Bid could not be the case in respect of which the Lien has been applied.
(9) if the transferable proprietary rights related to the right to
real estate, business or organizational folder, the procedure is similar
as during the auction of the property, undertaking or its organizational components; in
other cases shall be treated as movables during the auction.
section 18
The amount of the auction
(1) the amount of the auction is concluded by the agreement.
(2) the Auctioneer is entitled to collect a reward for sale from
of the applicant and, in the case of auctions of movable assets from the successful bidder. The amount of the
the remuneration collected from the applicant or the method of determining or arrangements on
the fact that the petitioner will be made for the auction free of charge, must be
agreed upon in the contract of sale. The amount of the remuneration collected from
the successful bidder or the method of determining the maturity or understanding about
that auction will be carried out free of charge, for the successful bidder must be
listed in the auction.
(3) if the applicant Is an insolvency practitioner, the amount of the auction
must not exceed 10% of the price reached vydražením, but not more than 1 000 000
CZK increased by 1% from the prices obtained vydražením in excess of 10 000 000
CZK.
§ 19
The contract of sale
(1) an auction can only be done on the basis of a written contract
the auction, which encloses the projector with auctioneer; This does not apply in the case of
the assets of the State, if the auctioneer is a government authority or, in the case of
assets of the local government unit, if this whole, auctioneer
or if the auctioneer, petitioner.
(2) the contract of sale must contain an indication that it is the auction
voluntary, labelling of the claimant, the auctioneer and auction item
the lowest of administration, the time limit for payment of the price reached vydražením
more than 500 000 €, the amount of remuneration or the method of determining, or
arrangements that will be made to the petitioner the auction free of charge.
Concludes a contract of sale with auctioneer together more
the appellants, who are co-owners of the lot, shall be
the annex to this Treaty, the treaty governing their mutual relations
regarding the auction and its results.
(3) if the auctioneer shall be entitled to reduce the lowest of administration, must be in
the contract of sale contained in the arrangement, the amount may be
the lowest administration reduced.
(4) in the case of an auction for the property, undertaking or its branch
the signatures must be the claimant and auctioneer for a contract of implementation
the auction has been officially verified.
(5) if the applicant Is the person auctioning that is required when entering
the contracts follow a special legal regulation, ^ 14) is governed by its
the procedure leading to the conclusion of a contract for the sale of this Act;
future cash commitment from the contract are estimated costs
the auction.
(6) the amount of the auction agreed in the contract of sale
cannot be retrofitted to increase.
(7) in the absence of a contract concluded between the applicant and the auctioneer
set out the particulars, it is invalid.
section 20
Auction
(1) the Auctioneer will announce the venue of auction the auction announcement, indicating:
and as for the auction) that the voluntary, and if it is a repeated auction, and this
the fact
b) indication of the auctioneer,
(c)) the place, date and time of the start of the auction,
(d) the designation and description of the subject) auction, and its accessories, the rights and
commitments on the subject of the auction váznoucích, and associated with it, if
materially affect the value of the lot, a description of the State in
where the subject of the auction is located, its estimated or observed price, and
If the subject of the auction is a cultural monument, even this fact,
(e)) the lowest administration and minimum bid that a participant may
the auction do so,
(f)) if the composition of the auction of the security, the method and time limit for its
composition, account number and address of the place where the auction guarantee
composed, what is the proof that a security equal to the auction house auction
the security and the method of repayment; or if you can fold the auction
the certainty of a credit card or by cheque,
g) method of payment prices achieved vydražením,
(h) the date and time) examinations of the subject of the auction, also for movables
venue tours and organizational measures to secure the tours,
I) for common auction the order in which the individual items of the auction
auctioned
(j) the terms of surrender of the subject) auction, the auctioneer
k) an indication that the information about the subject of the auction in the auction
or in part, in particular on the description of the status of the subject of the auction and
rights and obligations to the subject of the auction váznoucích, lists only
According to available information, or that the applicant warrants to the property
the subject of the auction or responsible for its defects only to the extent
the auction announcement,
l) the time limit for payment of the price reached vydražením in excess of 500 000 CZK
m) amount of remuneration collected from the purchaser or the method of determining its
the maturity or understanding about that auction will be made for the successful bidder
free of charge.
(2) the auction shall publish a notice in a manner relative to the subject of the auction
the auction in the place of the usual, at least 15 days before the start of the auction, if it is not
unless provided otherwise below.
(3) if the subject of the auction the property, undertaking or its organizational
folder or if the lowest submission exceeds 100 000 Eur, shall publish a
auctioneer auction notice follows due to the subject of the auction at the site
the usual and on a central site at least 30 days before the start of the auction.
(4) for perishable items of the auction is the auctioneer shall be entitled to a period
for the publication of the auction appropriately shorten.
(5) within the time limits referred to in paragraphs 2 to 4 shall send the auctioneer auction
a decree
and the owner,)
(b)) the persons who are the subject of the auction the right entered in the land register
real estate or in the schedules of the documents certifying the ownership of the object of the auction
necessary for handling,
(c)) if the subject of the auction the property, undertaking or its organizational
folder, to the competent tax authorities according to the place of permanent residence or the place of
the business of the applicant, if the applicant is a natural person, or by
the registered office of the applicant, if the applicant is a legal person, and administrators
taxes, in whose area the property, undertaking or its branch
located,
d) in the case of a business or its organizational folder, the Office for the protection of
of competition,
e) if the assets of a legal person, whose founder, founder,
partner or a member of the State, whether or not the law of the executing State
founder, the founder, shareholder or member of the legal person.
(6) the auction notice, along with all its appendices is the auctioneer
required to display before the auction in the publicly accessible part of the
object, where the auction is being held.
(7) a copy of the auction, the auctioneer saved, it must be
signed by the applicant; in the case of immovable property, shall be the
the appellant officially verified.
section 21
The conditions and details of which the auctioneer in the auction said, cannot be
In addition to change. This does not apply when changes occur to the extent
rights and obligations to the subject of the auction váznoucích, and associated with it, or
the State, in which the subject of the auction is located; in this case the auctioneer
must draw up and attach an addendum to the published auction
without undue delay after he learned about the changes.
section 22
The abandonment of the auction
(1) the Auctioneer shall refrain from auctioning within its launch
a) on written application by the owner,
(b)) if it is satisfied that the applicant dražebníkovi not be entitled to propose
implementation of the auction,
(c)) if the contract of sale is invalid, if there is a withdrawal from the
the contract of sale, or if you cannot, according to the conditions negotiated in
the contract of sale the auction done,
(d)) were not subject to the conditions set out in sections 15 and 21,
e) if insolvency proceedings, or if the subject of the auction or
part of it is included in the estate, according to a special legal
^ Regulation 14a), if the applicant is not an insolvency practitioner,
f) if ordered by the Court or enforcement authority of public administration
the sale of the lot or part of or issued by a court executor
an enforcement order the sale of the lot, or part thereof, if it is not
the plaintiff, the Court or bailiff under the procedure referred to in
special legal regulation ^ 14b),
(g)), there was a conflict of auction and auction the involuntary voluntary (§ 42),
h) If an enforceable decision of a court or Government authority
disabled with the subject of the auction to dispose of,
I) ceases to exist if its trade licence auctioneer.
(2) if the auctioneer authority of Government or local government
a whole, do not apply to the obligations pursuant to paragraph 1. a) to (c))
and i).
(3) the abandonment of the auction and of the reasons for the abandonment of the auction shall inform the
the auctioneer in writing without undue delay of the person referred to in section 20 (2). 5.
If the auction is published to a central address
shall publish notice of the auction there and the abandonment of the auction.
Article 23 of the
The progress of the auction
(1) access to the premises where the auction will take place, it must be
the participants of the auction, employees of the respective trade office and
employees of the Ministry responsible for checking the implementation of the auction to permit
at least 30 minutes before the start of the auction.
(2) the participants in the auction are required to, at the invitation of the person or by the auctioneer
in writing to prove your identity, charge, if applicable, his or her authority to act
per participant of the auction, to be written to the list of participants of the auction, and
If they are distributed, the auction numbers, take the auction number; If there was a
required to provide a guarantee, are the participants of the auction auctions are required to
the manner provided in the auction to substantiate even the composition of the auction
certainty. The participants of the auction are obliged to prove his honorable
a statement that the persons are not excluded from the auction. Employees
the competent authority and the employees of the Ministry of trades credentials
monitoring of the implementation of the auction will demonstrate whether or not its mandate.
(3) with the exception of the terms in this Act or special legislation
After participating in the auction given, even after employees of the competent
the Trade Office and staff of the Ministry responsible for
implementation of the auction require the fulfilment of other conditions.
(4) the public must be given access to the areas in which it will be
run the auction, at least 10 minutes before the start of the auction.
(5) anyone who comes to be written up for auction before the start and
demonstrates that he meets the conditions to become a participant in an auction shall be
allowed to bid.
(6) the auctioneer is required to make a declaration that it is launching an auction.
Immediately after the invocation and is required to make his first points
statement about the subject of the auction. The content of the Declaration on the subject of the auction is
In addition to indicating the subject of the auction is also putting his estimated or established
prices, as well as a description of other facts pursuant to section 20 (2). 1 (b). (d))
or at least a link to their description in the auction.
(7) if the applicant is a person whose auction procedure when concluding
the contract of sale shall be governed by a special law, ^ 14) is the lowest
administration of at least half of the estimate, the price of the subject of the auction.
(8) during the auction the auctioneer may reduce the amount of minimum bid up.
(9) If The participants of the auction is a higher administration. If it has not been through the
double challenge and the statement: "the auctioneer's fee if it fails to someone
the participants of the auction submission higher than the last administration was made
participant of the auction (auction participant who has made the highest
Administration), I give him a hammer "made higher administration, shall notify the auctioneer
Once again the last administration, and after the third challenge of hammering the participant shall grant the
the auction, which made the highest bid. Made by the Administration, the participant
the auction is bound to.
(10) If several participants of the auction at the same time of administration, and unless
the filing was made higher, the auctioneer shall decide by lot who of them
the hammer shall be granted.
(11) if any of the participants in the auction the right of first refusal to the subject of the auction
and provide proof of the dražebníkovi documents or certified
copies to the start of the auction, the item is not laid down bound; If
This participant of the auction filing at the same level as the top of administration, shall be granted
the auctioneer hammer him.
(12) the lowest of Administration has been made, the auctioneer shall reduce the lowest administration
the amount agreed in the contract of sale.
(13) the hammer is the auction closed.
(14) if it has not been done during the auction or the lowest of administration or, if it has not been
made the lowest Administration even after the reduction, the auctioneer auction closes.
section 24
The destruction and annulment of the auction
(1) the successful bidder that frustrate the auction shall not acquire ownership of the subject
the auction of the auctioned in dashed auction.
(2) the destruction of the auction the auctioneer without undue delay, notify the person
referred to in section 20 (2). 5. the Commission shall publish a notice of the destruction of the auction auctioneer
without undue delay in the same way as the auction notice.
If the auction is published to a central address
shall publish notice of the auction there and the destruction of the auction.
(3) each, to whose rights were performing substantially auctions
the hardest hit and is a participant in the auction, the bidder by a person authorised of the
the right of pre-emption to the subject of the auction, the person entitled to the right of
priority the acquisition of the subject of the auction or the person to which the proposal was
enforceable decision prohibited with the subject of the auction to dispose of, the
request the Court to the Court held the invalidity of the auction, if the auctioneer
dropped from the auction, though, so he was obliged to do so, if the subject of the globe and mail
the auctioning of a person who is excluded from participating in the auction, or, if not
conditions in § 12 para. 1 and 2, § 14 para. 3, § 17 para. 5 and 6, §
19, 20, § 23 para. 1 to 10 of section 25 and section 26 para. 1 and 2 or, if the
auctioned items excluded from the auction sale. If there is no right to determine the
the invalidity of the auction also claimed within 3 months from the date of the auction, ceases to exist.
(4) the Annulment of the auction could not speak because of a delayed start
the auction was delayed to cause initiation of auction holding another auction
the same auctioneer at the same site.
(5) the invalidity of the auction, the auctioneer, without undue delay, inform the
the persons referred to in section 20 (2). 5. notification of invalidation of the auction on
the auctioneer shall publish without delay for at least 30 days
in place of the usual way. If the auction is published
the central address, shall publish notice of the auction there and the invalidity of the
the auction.
§ 25
Repeated auction
(1) the Repeated auction will take place on the basis of the agreement on the implementation of
the repeated auction concluded between the applicant and the previous auction
auctioneer, who carried out the previous auction, if the subject of the auction
was not auctioned off or if it was the successful bidder, the auction of lost; auctioneer in
that case does not have to provide a new estimate of the subject of the auction, if you want to
available estimate not older than a year before the repeated auction.
Contract for the execution of the repeated auction must be made within 10 days after
the delivery protocol made by auction or be informed about the destruction of the auction.
(2) Recurring auction cannot be performed if the auctioneer dropped from the auction
or if the auction invalid.
(3) the conclusion of the agreement on the implementation of the repeated auction is not a condition for the
perform a repeated auction, if it is a property of the State or territorial
Government unit if the auctioneer, government authority or territorial
self-government.
(4) if the auction was published on the central address
the auctioneer shall publish notice of the holding of the repeated auction with the necessities
under section 20 (2). 1 (b). and (f))) up to the central site at least 10 days
before the start of the auction.
section 26
Common auction
(1) in the case of auction of movable assets and the lowest of Administration for any of them
does not exceed $ 1 000 000, is auctioning off in a joint auction; auctioneer
is required to determine the order in which they will be auctioned. An invocation is performed in
each lot separately. In the invocation must be indicated and sequence
item number of the auction.
(2) the commencement of the common auction is a statement that is initiating the auctioneer
a joint auction.
(3) the common auction ends with the hammer at the auction, the item that is
in the last sequence, or by the auctioneer closes bidding, since it
even the lowest of Administration has been made or has been made the lowest Administration even after
its reduction in the lot, which is last in the sequence. The implementation of
recurring auctions can be designed for each individual auction item as well, which
were not auctioned or in whose case was the auction frustrated. Other
provisions of this Act shall apply mutatis mutandis.
section 27 of the
A Protocol on the auction
(1) after the end of the auction the auctioneer shall be drawn up without delay
a Protocol on the auction.
(2) in the auction, the auctioneer shall be made:
a) date, place and time of the auction; It shall also mention that this is a auction
voluntary; If it is a repeated auction, state this fact,
(b) the designation of the subject of the auction) and its accessories, the rights and obligations of the
the subject of the auction váznoucích, and associated with it, the State in which the subject
the auction is located, and an estimate of its value
(c) the designation of the applicant) auction, and if it can be, and the designation of the former
owner,
(d)) the lowest of administration,
(e) the auctioneer and auctioneer) the designation, where appropriate, licitátorů,
(f) the designation of the declarer,)
g) price reached vydražením,
h) part of the Protocol is a signed copy of the auction and its
any additions (section 20 (7)).
(3) the Protocol on the auction shall be signed by the auctioneer, the auctioneer and
the successful bidder. If he refuses, the auctioneer made to sign a Protocol on the auction,
It shall indicate the auctioneer in the log.
(4) if the auction because it was not made or the lowest of administration,
the auctioneer shall be drawn up without delay a Protocol on the auction;
for its requirements, the provisions of paragraphs 2 and 3 shall apply mutatis mutandis.
(5) in the case of the common auction during the auction, the auctioneer shall be one
Protocol; vydražitelům of the individual items of the auction shall be allowed
sign the Protocol immediately after the event.
(6) the Protocol on the auction auctioneer shall send within 5 days from the date of
auction the persons referred to in section 20 (2). 5.
(7) if the auction was published on the central address
shall publish the information referred to in paragraph auctioneer there 2 (a). a), b), (e));
the auctioneer shall publish the amount of the prices achieved and vydražením or the fact that
even the lowest of Administration has been made.
section 28
The proceeds of the auction and settlement of the costs of the auction
(1) the costs of the auction shall be paid from the proceeds of the auction, unless stipulated
or in the contract of sale unless otherwise agreed.
(2) if the subject of the auction is not enough or if auctioned off with the proceeds of the auction on
reimbursement of the costs of the auction, shall pay the costs of the auction or the remainder of the
the applicant, if it is not in the contract of sale agreed that the costs
the auction shall be borne by the auctioneer.
(3) if the auction frustrated is the successful bidder, the auction house shall be
the successful bidder, including its accessories shall be applied to the cost of dashed
the auction. If a repeated auction the remaining portion of the auction shall be
the security lodged by the buyer, which caused the destruction of the auction, at the expense of
the repeated auction. After payment of the costs of the auction and the repeated auction is
the remaining part of the auctioneer and returns, which caused the destruction of the auction.
(4) the successful bidder, which caused the destruction of the auction shall, if requested,
to pay that part of the cost of the auction sale, which does not cover the auction
the security shall be composed by him; This also applies to the costs of the repeated auction held in
as a result of the destruction of the previous auction, the successful bidder.
(5) the costs, incurred by the dražebníkovi, without the auction took place, will pay the
the applicant, if it is not in the contract of sale agreed that these
the costs shall be borne by the auctioneer. The petitioner shall stipulate that such costs, unless
the auction of the reasons for the auctioneer.
section 29
Payment of the price reached vydražením
(1) the price reached vydražením cannot be subsequently reduced.
(2) the auction house security and its accessories shall be counted to the auctioneer
the price reached vydražením. The remaining part of the price achieved is vydražením
the successful bidder shall, within 10 days from end of auction to pay the dražebníkovi,
unless another time-limit laid down for payment of the prices achieved vydražením.
(3) if the price reached vydražením higher than 200 EUR,
the successful bidder shall be obliged to pay the price reached vydražením immediately after the end of the
the auction.
(4) if the price reached vydražením higher than 500 USD, is the successful bidder
obliged to pay the price reached vydražením within the time limit, which is set
in the auction, which, however, must not be
) and less than 10 days from the date of the end of the auction,
(b)) of less than 30 days and no longer than 90 days from the date of the end of the auction, if it is
about the auction commenced on a proposal from the administrator in bankruptcy.
(5) cancelled
(6) if the successful bidder consists of the auction in the form of bank guarantee
guarantee is the successful bidder shall be obliged to pay the price reached vydražením in full
the amount within the time limit referred to in paragraphs 2 to 4; the auctioneer shall without
undue delay after the payment of the price reached vydražením return
the auctioneer and the letter of guarantee.
(7) the price can be paid vydražením achieved by offsetting. Payment of Bill of Exchange
is inadmissible.
section 30
The acquisition of ownership of the
(1) if the successful bidder has paid the price reached vydražením within the prescribed period,
It passes the ownership of the lot at the time of the granting of
the hammering.
(2) in the case of an undertaking are transferred to the purchaser all the rights and obligations of the
including the rights and obligations arising from employment relations,
the right to use a trade name associated with a company, if it is not in the
conflict with the law or with the right of a third person, and the rights of industrial and
other intellectual property relating to business activities
the purchased company, if it is not contrary to the nature of the rights of industrial and
other intellectual property or contract for the provision of the performance of these
rights. If the organizational unit of the enterprise, are transferred to the successful bidder
all the rights and obligations that apply to this folder, including the rights and
obligations of labor relations.
(3) in the case of auctioning the company or its branches, shall be liable
the applicant for the fulfillment of the commitments which were transferred with ownership of the enterprise
or its branches on the successful bidder.
section 31
Confirmation of the acquisition of the ownership of the
(1) the Auctioneer will issue without undue delay, the auctioneer, which took
ownership of the lot pursuant to section 29, a written confirmation of the acquisition
ownership of the object of the auction. Written confirmation provides an indication
the subject of the auction, the former owner, auctioneer and auctioneer; Annex
certificate of acquisition of ownership shall be the document from which it will be obvious
date and method of payment of the prices achieved vydražením. Unless the auctioning
movable property, shall be the auctioneer at the confirmation of the acquisition
ownership of the officially verified.
(2) in the case of real estate, business or organizational folder receives
the successful bidder two copies of certificate of acquisition of ownership.
(3) in the case of property that is the subject of the registration in the land register
real estate, it shall send to the competent authority one cadastral auctioneer
copy of the certificate on the acquisition of ownership.
(4) part of one copy of the certificate of acquisition of ownership is
a copy of the Protocol for the auction, including a signed copy of the auction
Ordinance (section 20 (7)).
§ 32
Pass item of the auction
(1) if the successful bidder has acquired ownership of the object of the auction, the auctioneer
shall, under the conditions referred to in the subject of the auction and auction
documents that certify the ownership and are necessary to the management of
the subject of the auction or certify other rights of the purchaser in respect of the subject
the auction, the auctioneer to pass without undue delay; the successful bidder takeover
the subject of the auction shall confirm in writing.
(2) in the case of immovable property, undertaking or its branch, it passes
the former owner of the subject of the auction based on submission of a certificate of
ownership and proof of identity of the successful bidder in accordance with the conditions referred to
in the course of auction the auction the auctioneer and without undue delay.
The auctioneer is required to draw up a protocol in place for the handover of the subject
auction; in the Protocol shall be in addition to marking the former owner,
auctioneer, the successful bidder and the auction item, in particular, a detailed description of the
the State, in which the subject of the auction including accessories, was
transfer of rights and obligations to the subject of the auction váznoucích.
(3) the Protocol on handover of the subject of the auction shall be signed by the former owner,
the successful bidder and auctioneer. A copy of the Protocol receives the former
the owner and the successful bidder will receive two copies.
(4) all costs associated with the transfer and acceptance of the subject of the auction shall be borne by
the successful bidder. This obligation shall not apply to the cost that would otherwise be
have been incurred if the fault is caused by its former owner
or auctioneer or if it incurs them accidentally, that is
something that happened to them.
(5) the risk of damage to the subject of the auction is transferred from the applicant to the
the successful bidder on the day of handover of the subject of the auction; same-day passes to the
successful bidder's responsibility for damage caused in connection with the subject
the auction. If the successful bidder is in default with acceptance of the lot, shall be borne by
the risk of damage and liability of the auctioneer.
§ 33
Easement
Rights of persons entitled to liens on the drains of the lot
the transition of ownership of the auction shall remain unaffected.
§ 34
Rights to ensure accounts receivable
(1) the transition of ownership of the subject of the auction do not liens and
It acts against the auctioneer; This is also true of the rights arising from contracts for
restrictions on the transfer of real estate. Claim these rights secured,
If they are not yet due, do not become the date of transfer of the ownership
the subject of the auction due to the.
(2) the provisions of paragraph 1 shall not apply where special legislation
provides otherwise.
§ 35
Transfer of the proceeds of the auction
The proceeds of the auction the auctioneer passes after the settlement of the costs of the auction without
undue delay after the payment of the price reached vydražením the applicant,
If it is not between the auctioneer and the plaintiff agreed to something else. If it was
the auction on a proposal made more of the appellants who were not
the co-owners of the subject of the auction, the proceeds of the auction the auctioneer passes to each
the claimant in the amount stipulated in the contract on the adjustment of relations
These plaintiffs, concluded pursuant to § 7 para. 2 the second sentence, if it is not
between the auctioneer and the complainant agreed to something else.
PART THREE
THE AUCTION OF INVOLUNTARY
section 36
Special provisions
(1) Auction the auction is carried out on an involuntary draft escrow
a creditor whose claim is granted in an enforceable judicial decision
or enforceable arbitration ^ 15) or documented by an enforceable
the notary's registration, which contains the conditions laid down in the specific
^ Law 16), or accompanied by other enforceable decisions
the judicial performance permitted by law, including the payment of assessments and statements
the arrears.
(2) cancelled
(3) the Auction lender is a person whose claim is secured by
a lien on the subject of the auction, including a judicial Lien
rights. If the auction lender of government authority, or other
the authority is relieved to the extent necessary for the implementation of the auction obligations
non-disclosure agreement.
(4) the subject of the auction may be all that you can be a pledge by
special legal regulation ^ 16a). The provisions of § 5 para. 2 this is not
without prejudice to the. The subject of the auction may not be the subject of the cultural values of the scope
Archaeology and cultural values of the sacral and iconic nature,
that is not provided with a certificate of permanent export.
(5) Debtor means any person whose commitment is secured by a
the subject of the auction.
(6) the participants of the auction may not be the debtor and involuntary his spouse,
Furthermore, persons who shall not acquire ownership to things whose
owned by the borrower; ^ 17) no one is allowed to bid for them.
(7) if the debtor Is a legal person, shall not participate in the auction
statutory bodies and members of the statutory or control body
of the debtor; No one is allowed to bid for them.
§ 37
Special permissions auctioneer
(1) the Auctioneer is in the preparation of the auction shall be entitled to inspect the files and
other documents of State administration bodies and local authorities and to the
the files of the Court or the arbitrator relating to the subject of the auction in the same
extent as the owner, as well as to the documents relating to the subject of the auction
in the possession of the owner, and the owner is required to provide the dražebníkovi to
this purpose, the necessary assistance, all this under the condition that the auctioneer
proves the concluded contract on sale with an officially certified
signatures; This does not affect the statutory obligation of secrecy. About
any evidence of the auctioneer is obliged to maintain confidentiality,
If a special law provides otherwise.
(2) the owner of the lot, as well as the one who has any right to
the subject of the auction, has the obligation to inform without delay
dražebníkovi on its request, all information that is known about him
the status of the subject of the auction, as well as the rights and obligations to the subject of the auction
váznoucích; the provisions of paragraph 1 concerning the fulfilment of the conditions relating to the
the contract of sale shall apply mutatis mutandis.
(3) creditors are required to provide the necessary at the request of the auctioneer
assistance to determine the authenticity and the amount of the claim.
§ 38
The amount of the auction
The agreed amount of the auction without value added tax may not
exceed 10% of the price reached vydražením; at least, however, makes $ 1,000 and
up to Czk 1 000 000 increased by 1% from the prices obtained vydražením
more than 10 000 000 CZK.
§ 39
The contract of sale
(1) an auction can only be done on the basis of a written contract
the auction, which encloses the projector with auctioneer.
(2) the contract of sale must contain an indication that it is the auction
involuntary, the indication of the applicant, and the subject of the auction, the auctioneer
the lowest of administration, the amount of remuneration or the method of determining or arrangements on
that auction will be made free of charge. Then shall the contract of
implementation of auction include the owner of the lot,
the pledgor is a person other than the owner of the subject of the auction and
of the debtor, the reason for that is the proposed sale, and the time within
the notification will be sent regarding the conclusion of the contract of sale
involuntary (hereinafter referred to as "notice of auction").
(3) the annex to the contract must be enforceable rights title deeds
Escrow lenders title deeds collateral claims of lien
the right to the subject of the auction and title deeds the emergence of claims and
her maturity, if these do not arise from the fact of the Charter
confirming the enforceability of the rights of the auction lender.
(4) If a legal person, not an auctioneer contract
sale of the complainant, which is involuntary auction
the legal entity controlling, controlled by the auctioneer or
acting in concert. In the case of a violation of this provision of the contract is
invalid.
(5) the Auctioneer must not enter into a contract of sale with the applicant
involuntary sale, who is his spouse or a person close to him. In
case of infringement of this provision, the contract is invalid.
(6) the Auctioneer and the applicant may not be the same involuntary auction
person.
(7) the Signatures of the applicant and the auctioneer on the contract of sale
must be officially validated so that this Agreement shall be the applicant, and
obligations must be signed before the body authorised the legalisation.
(8) if the petitioner of the auction, the person who is obliged to, when you enter
the contracts follow a special legal regulation, ^ 14) is governed by its
the procedure leading to the conclusion of the contract of sale by the code;
future cash commitment from the contract are estimated costs
the auction.
(9) the amount of the auction agreed in the contract of sale
cannot be retrofitted to increase and the reason for which it is proposed to perform
auctions, you cannot amend. The annex to the contract of sale shall
be on the original or officially certified copy in and cannot be retrofitted
Add to, change, or modify.
(10) in the absence of a contract concluded between the applicant and the auctioneer
set out the particulars, it is invalid. Fails to comply with a time limit for the auctioneer
to send a notification about the auction, the petitioner is entitled to withdraw from the Treaty on the
sale to withdraw.
(11) where a claimant in respect of the same claim, and the same subject matter
the auction proposal for judicial enforcement of a decision shall not contract for the implementation of
involuntary auction validly conclude, and if this contract
closed, the filing of the application for judicial enforcement of a decision submitted by the
under the conditions described by the applicant.
section 40
Notice of auction
(1) the Auctioneer will send within the time limit agreed in the contract of sale
written notice of the auction by the debtor, the debtor and pledgers
official creditors.
(2) the notice of auction must include the designation of the auctioneer, the petitioner
auctions and auction item and the reason for which it is proposed to
implementation of the auction.
(3) if the notice of auction pledgers are void of legal
acts the Pledger, whereby after the service of such notice
in fact, the subject of the auction at the expense, has entered into a lease agreement or which would
incurred in respect of the subject of the auction the new obligations of decreasing its value or
limiting the ability to deal with the subject of the auction; This does not apply if
subject of the auction or if it was auctioned at Christie's auction of frustrated and there is
repeated auction the auctioneer, dropped from the auction or if the auction
invalid. The provisions of the first sentence shall apply, mutatis mutandis, also to the legal acts
Lien debtor.
§ 41
The designation of the proposal to implement in the real estate auction
(1) if the subject of the auction Is a property that is the subject of registration in
the land registry, he shall send notice of the auction, the auctioneer with an officially
certified signature of the authority competent to the cadastral auctioneer to write
comments about submitted proposal to implement non-voluntary auction real estate
in the land register at the same time with the dispatch of the notice of auction
owner, pledgers, the debtor and the secured creditors.
(2) if the subject of the auction the property subject to registration in the land register
real estate and if auctioned or if the auction frustrated and made
the repeated auction the auctioneer, dropped from the auction or if the auction
invalid, the auctioneer shall notify without undue delay the cadastral
the Office; signature of auctioneer to notifications must be officially verified.
§ 42
The clash of auctions
(1) if it is closed several contracts for the execution of captive auctions
the same item of the auction, the auction on the basis of the first effective
of the Treaty.
(2) if they are contracted to perform involuntary and auction auction
voluntary fish auction, same subject matter will be carried out, the auction of involuntary,
If the notice of auction to the owner of the lot, delivered
pledgers and the debtor before the commencement of the auction is voluntary.
(3) if it is not possible to determine which of the contracts for sale
involuntary was previously active, and in the absence of agreement to the plaintiffs,
You cannot make the auction.
Auction
§ 43
(1) the Auctioneer will announce the venue of auction the auction announcement, indicating:
and as for the auction) that the involuntary, and if it is a repeated auction, and this
the fact
(b) the designation of the auctioneer, the appellant), the owner of the lot,
the debtor, or the pledgor is a person other than the owner of the
the subject of the auction,
(c)) the place, date and time of the start of the auction,
(d) the designation and description of the subject) auction, and its accessories, the rights and
commitments on the subject of the auction váznoucích, and associated with it, if
materially affect the value of the lot, a description of the State in
where the subject of the auction is located, its estimated or observed price, and
If the subject of the auction is a cultural monument, even this fact,
(e)) the lowest administration and minimum bid that a participant may
the auction do so,
(f)) if the composition of the auction of the security, the method and time limit for its
composition, account number and address of the place where the auction guarantee
composed, what is the proof that a security equal to the auction house auction
the security and the method of repayment,
(g)) if permissible payment made by credit card or vydražením
by cheque; how you pay the prices achieved for the successful bidder shall not be vydražením
associated with unnecessary difficulty,
(h) the date and time) examinations of the subject of the auction, also for movables
venue tours and organizational measures to secure the tours,
I) warning that the persons who have the right of first refusal for the lot,
are required to demonstrate their right to dražebníkovi manner,
j) enumeration of registered claims auction lenders
subject to the terms of submission) of the auction, the auctioneer
l) warning for the auction lender that can sign up for auction
manner their claims,
m) warning for participants in the auction on the time limit for payment of the prices achieved
vydražením and any consequences of non-payment of the prices achieved
vydražením within the prescribed period,
n) where appropriate a warning that the information about the subject of the auction in the auction
or in part, in particular on the description of the status of the subject of the auction and
rights and obligations to the subject of the auction váznoucích, lists only
According to available information, or that the applicant for the incorrectness of the
such information in whole or part is not responding.
(2) the auction shall publish a notice in a manner relative to the subject of the auction
the auction in the place of the usual, at least 15 days before the start of the auction, if it is not
unless provided otherwise below.
(3) if the subject of the auction property or if the lowest administration
exceeds 100 000 Eur, shall publish the auctioneer auction notice always on
the central address for at least 60 days before the auction. In the same
the time limit shall deliver the auctioneer auction notice even to the Municipal Council and the Office of the
City District or borough, in whose district the auction take place,
with a request for its publication on the official Board. On the notice board can be
i just publish the location and time of the auction, the lot marking,
putting the lowest of administration, the amount of minimum bid up and or
an observed price and is also given an indication of where you can get acquainted with the
full text of the auction.
(4) for perishable items of the auction is the auctioneer shall be entitled to a period
for the publication of the auction appropriately shorten.
(5) within the time limits referred to in paragraphs 2 to 4 shall send the auctioneer auction
a decree
official creditors)
(b)) to the owner,
c) pledgers,
(d)) to the debtor,
e) persons who are the subject of the auction the right entered in the land register
real estate or in the schedules of the documents certifying the ownership of the object of the auction
necessary for handling,
(f) the competent tax authorities according to) the place of residence of the debtor, if the
the debtor is a natural person, the debtor's registered office or, if the debtor is a legal
person; If it is not possible to determine the place of residence or registered office of the
the debtor, shall be sent to the competent tax authorities auction at the time
Lien,
g) in the case of immovable property, whether or not the tax authorities, in whose district real estate
located,
h) if the assets of a legal person, whose founder, founder,
partner or a member of the State, whether or not the law of the executing State
founder, the founder, shareholder or member of the legal person,
I) Czech social security administration,
(j) the general health insurance company); If the general health insurance company
a health insurance company, will send the auction notice
competent health insurance company.
(6) the auction notice, along with all its appendices is the auctioneer
required to display before the auction in the publicly accessible part of the
object, where the auction is being held. (7) a copy of the auction a stored
the auctioneer must be signed by the applicant; signature of the claimant must
be officially certified.
§ 44
The conditions and details of which the auctioneer in the auction said, cannot be
In addition to change. This does not apply when changes occur to the extent
rights and obligations to the subject of the auction váznoucích, and associated with it, or
the State, in which the subject of the auction is located. Furthermore, this does not apply to supplement
auction notice of enumeration registered claims auction creditors;
in that case, the auctioneer must draw up and attach an addendum to the
published by the auction without undue delay after the
changes to the learned.
§ 45
Claim rights of the participants of the auction and the auction lenders
(1) the creditors may, in respect of the auction the auctioneer within 15 days before the start of
auction sign in their claims, including the date of the accessories
the auction and provide evidence of their origin and ensure the right of the lot
the documents in the original or an authenticated copy of the officially; signature auction
creditors to lodge a claim must be certified; This is not a
without prejudice to the provisions of § 57. If the auction is published for a period of
the shorter of 30 days, the time limit for the lodgement of at least half of the
the time after which the auction is published.
(2) the participants in the auction who are the subject of the auction right of first refusal,
are required to demonstrate their right to dražebníkovi documents in the original or
in an authenticated copy to begin officially of the auction, otherwise it is not in the auction
apply.
§ 46
The abandonment of the auction
(1) the Auctioneer shall refrain from auctioning within its launch
and) based on the written request of the pledgor, the borrower or owner,
If the dražebníkovi at the same time demonstrated to satisfy an obligation of the secured
lien or liens ceases in any other way,
(b)) on the basis of a written request of the applicant,
(c)) if it is satisfied that the applicant dražebníkovi not be entitled to propose
implementation of the auction,
(d)) if the contract of sale or security agreement invalid,
If there is a withdrawal from the contract of sale, or if you cannot score from
the conditions negotiated in the contract of sale the auction done,
(e)) were not subject to the conditions laid down in § 15, § 40 paragraph 2. 1 and 2 and section
44,
(f)) if the insolvency proceedings, in which he addresses the decline or
the impending bankruptcy of the owner, or if the subject of the auction or part
included in the estate under a special legal regulation ^ 14a),
If the applicant is not an insolvency practitioner,
(g)) if the enforcement decision by a court or public authority
the sale of the lot or part of or issued by a court executor
an enforcement order the sale of the lot or part thereof; This does not apply in
where was the basis for the regulation of the enforcement of judgments enforceable
a notarial deed, which was drawn up in the last 3 months before the
the auction,
(h)), there was a conflict of auctions and are to be performed prior to the proposed
auction (§ 42),
I) a conflict of auctions, and you cannot see which from contracts of
implementation of the auction was previously active, and in the absence of agreement between the
the claimant auctions
j) If after conclusion of the contract of sale to the demise of the subject
auction or such damage as a result of the value of the
the auction does not cover the cost of the auction,
to) If an enforceable decision of a court or Government authority
disabled with the subject of the auction to dispose of,
l) termination of the trade licence auctioneer.
(2) the abandonment of the auction shall inform the auctioneer in writing without undue
delay the persons referred to in § 43 para. 5. If the auction was
published on the central address, shall publish notice of the auctioneer and there
the abandonment of the auction.
(3) Nor the auctioneer in accordance with paragraph 1 (b). g) from the auctions,
You cannot make a decision until the end of the performance period, in which the successful bidder
obliged to pay the price reached vydražením, up to the date on which
the auctioneer shall refrain from auction or for any other reason, or to the date of the
the auction, unless it has been made even the lowest of administration. If there is a
auctioning of the subject of the auction is the transition of ownership of the subject of the auction on
the reason for stopping power against a decision by a special
^ law 17a).
section 46a
(1) If you cannot do this in an auction originally published date because
its design prevents the decision of the Court or administrative authority of the
the preliminary measure, or as a result of filing a suit to declare
the inadmissibility of the sale of the collateral under a special legal regulation,
or as a result of force majeure, nor the auctioneer from the auction, but
the auction will take place on the scheduled date. The auction will be in this case
made within 90 days after the removal of the obstacles to learning about the auction.
(2) in the cases referred to in paragraph 1, the auctioneer shall, within a period of at least
30 days before the date of the auction to publish in the same manner as it was
published auction, an addendum to this auction, in which
will be given the place, date and time of the auction, the new tour dates
the subject of the auction, as well as other relevant facts relating to the auction
in the period from the publication of the auction occurred or which
a change in this period. The time limit for the composition of the auction of the security in this
the case shall not be less than half of the period set for the publication of the
a supplement to the auction.
§ 46b
(1) if it was against the pledgee and dražebníkovi filed with the Court
determine the inadmissibility of the action for the sale of the collateral, or if the Court
issued the injunction of the inadmissibility of the sale of the collateral, public
the auction will take place on the scheduled date.
(2) in the cases referred to in paragraph 1, the auctioneer shall, within a period of at least
30 days before the date of the auction to publish in the same manner as it was
published auction, an addendum to this auction, in which
will be given the place, date and time of the auction, the new tour dates
the subject of the auction, as well as other relevant facts relating to the auction
in the period from the publication of the auction occurred or which
a change in this period. The time limit for the composition of the auction of the security in this
the case shall not be less than half of the period set for the publication of the
a supplement to the auction.
(3) determine the inadmissibility of the action for the sale of the collateral may be submitted up to 1
months from the date of service of the notice of public sale of the law designated by the
persons, but not later than 7 days before the date of the initiation of the public sale.
(4) the public auction can be done until after expiry of the period referred to in paragraph
3; If within this period the inadmissibility of an action concerning the determination of the sales
the collateral can be done only after the public auction, when it was about this lawsuit
to a final decision.
(5) a person who has filed a lawsuit to determine the inadmissibility of the unjustified sale
the pledge, the pledgee is obliged to compensate the damage that he
formed out of the sale of the collateral during the period from the filing of the action until the date of
the decision of the Court of first instance in case if the pledgee
exercises his right to compensation for such damage in the course of an action before the
Court of first instance; on the proposal of the pledgee, the Court may already in
during the proceedings, decide that it is obliged to fold into custody for
the Court advance up to possible damages. The provisions of the first sentence of
mortgage lender also shall apply mutatis mutandis for the auctioneer.
§ 47
The progress of the auction
(1) access to the premises where the auction will take place, it must be
the participants of the auction, employees of the respective trade office and
employees of the Ministry responsible for checking the implementation of the auction to permit
at least 30 minutes before the start of the auction.
(2) the participants in the auction are required to, at the invitation of the person or by the auctioneer
in writing to prove your identity, charge, if applicable, his or her authority to act
per participant of the auction, to be written to the list of participants of the auction, and
If they are distributed, the auction numbers, take also the auction number; If there was a
required to provide a guarantee, are the participants of the auction auctions are required to
the manner provided in the auction to substantiate even the composition of the auction
certainty. The participants of the auction are obliged to prove his honorable
a statement that the persons are not excluded from the auction. Employees
the competent authority and the employees of the Ministry of trades credentials
monitoring of the implementation of the auction will demonstrate whether or not its mandate.
(3) everyone who will come to be written up for auction before the start and
demonstrates that he meets the conditions to become a participant in an auction shall be
allowed to bid.
(4) with the exception of the terms in this Act or in a separate legal
rules cannot be listed after participating in the auction, or employees
the competent authority and staff of the Ministry of trade
responsible for the implementation of auctions require completion of the other
terms and conditions.
(5) the public must be given access to the areas in which it will be
run the auction, at least 10 minutes before the start of the auction.
(6) the auctioneer is required to make a declaration that it is launching an auction.
Immediately after the invocation and is required to make his first points
statement about the subject of the auction. The content of the Declaration on the subject of the auction is
In addition to indicating the subject of the auction is also putting his estimated or established
prices, as well as a description of other facts pursuant to § 43 para. 1 (b). (d))
or at least a reference to putting them in the auction.
(7) in the course of the auction the auctioneer may reduce the amount of minimum bid up.
(8) if the lowest use in involuntary auction exceeds 1 000 000 CZK
must be certified by the notary's registration the progress of the auction. The participation of a notary to
during the auction, the auctioneer shall ensure that the certificate.
(9) If The participants of the auction is a higher administration. If it has not been through the
double challenge and the statement: "the auctioneer's fee if it fails to someone
the participants of the auction submission higher than the last administration was made
participant of the auction (auction participant who has made the highest
Administration), I give him a hammer "made higher administration, shall notify the auctioneer
Once again the last administration, and after the third challenge of hammering the participant shall grant the
the auction, which made the highest bid. The hammer can be granted at the earliest 3
minutes after the start of the auction. Made by the Administration, a participant of the auction is bound to.
(10) If a few bidders at the same time the same administration and does not detect the
the auctioneer, who has made the submission as the first, and was subsequently made
administration of a higher, the auctioneer shall decide by lot who of them hammering
It grants.
(11) if any of the participants in the auction the auction item, co-owner
It is not laid down in item bound; If the Administration has taken in the same amount as
highest bid, the auctioneer hammer him. If these participants
auctions-ownership more, the auctioneer hammer, whose
a co-ownership share is the highest. When equality of co-ownership
shares of the auctioneer shall decide by lot who of these venturers
the hammer shall be granted.
(12) if either of the parties the right of first refusal in respect of the subject of the auction
the auction and provide proof of this dražebníkovi before the start of the auction, it is not
participant of the auction provided for item bound; If the Administration has taken in the same
the amount of the highest bid, and has done as the Administration at the same level as
highest bid, the auctioneer shall grant the owner the hammer action participant
auction the beneficiary of the right of pre-emption.
(13) the hammer is the auction ended.
(14) if it has not been done during the auction or the lowest of administration or, if it has not been
repeated auction made the lowest Administration even after the reduction,
the auctioneer auction closes.
(15) the lowest administration is at least half of the estimate, the price of the subject of the auction;
the lowest Administration cannot be reduced, if this is not a recurring auction.
§ 48
The destruction and annulment of the auction
(1) the successful bidder that frustrate the auction shall not acquire ownership of the subject
the auction of the auctioned in dashed auction.
(2) the destruction of the auction the auctioneer without undue delay, notify the person
referred to in § 43 para. 5. the Commission shall publish a notice of the destruction of the auction auctioneer
without undue delay in the same way as the auction notice.
If the auction is published to a central address
shall publish notice of the auction there and the destruction of the auction.
(3) each, to whose rights were performing substantially auctions
and is the debtor, the secured debtor, the Pledger, a participant in the
the auction, the auction lender or the applicant, may propose to the Court,
the Court held that the annulment of the auction, if the auctioneer dropped from
the auction, though, so he was obliged to do so, the globe and mail-if the subject of the auction the person
that is excluded from participating in the auction, or the conditions are not fulfilled
referred to in § 36 odst. 1 and 4, § 39 para. 1 to 7, 9 and 11, § 40 paragraph 2. 1 and
2, § 43 para. 1 to 3 or § 46 para. 1 or, if auctioned from auctions
excluded items for auction. The reason no invalidity of involuntary
the auction may not be the fact that the auction was not delivered
the debtor, or the debtor pledge, pledgers if the auctioneer
auction notice within the prescribed period. If there is no right to determine the
the invalidity of the auction also claimed within 3 months from the date of the auction, ceases to exist.
(4) each, to whose rights were performing substantially auctions
the hardest hit and is a participant in the auction, the auction lender or
the claimant, may propose to the Court, the Court held that the annulment of the
auctions, are not subject to the conditions referred to in article 15, paragraph 2. 1 to 3 of section 39,
42, § 43 para. 1 to 3, 5 to 7, § 44, § 47 para. 1 to 12 and § 49.
The reason no invalidity involuntary auction cannot be
the fact that the auction was not delivered to the debtor, pledgers,
the pledge to the debtor, or if the auctioneer auction notice in
the prescribed time limit. If there is no right to determine the invalidity of the auction
claimed within 3 months from the date of the auction, ceases to exist.
(5) the invalidity of the auction, the auctioneer, without undue delay, inform the
the persons referred to in § 43 para. 5. notification of invalidation of the auction on
the auctioneer shall publish without delay for at least 30 days
in place of the usual way. If the auction is published
the central address, shall publish notice of the auction there and the invalidity of the
the auction.
(6) invalidation of auction you cannot speak due to a delayed start
the auction was delayed to cause initiation of auction holding another auction
the same auctioneer at the same site.
§ 49
Repeated auction
(1) the Repeated auction will take place on the basis of the agreement on the implementation of
the repeated auction concluded between the applicant and the previous auction
auctioneer, who carried out the previous auction, if the subject of the auction
was not auctioned off or if it was the successful bidder, the auction of lost; auctioneer in
that case does not have to provide a new estimate of the subject of the auction, if you want to
available estimate not older than 1 year before the date of the repeated auction
the auctioneer may not repeat the auction to proceed under section 40 and 41. Contract
about how to perform a repeated auction must be made within 10 days after service of the
the Protocol on the notification of the auction or the destruction of the auction.
(2) Recurring auction cannot be performed if the auctioneer dropped from the auction
or if the auction was invalid or has not been done nor the lowest
Administration during the auction held in the circumstances pursuant to § 46 para. 3.
(3) the lowest of Administration for repeated auction is at least 70% of the Administration in
previous auctions, if in the previous auction was not the subject of the auction
auctioned off.
(4) if the auction was published on the central address
the auctioneer shall publish notice of the holding of the repeated auction with the necessities
According to § 43 para. 1 (b). a) to (e)) and to the central address) of at least 10
days before the start of the auction.
(5) if it is not designed to perform repeated auctions, the auctioneer shall inform without
undue delay, the owner and the pledgor that the subject of the auction was not
auctioned off; in the case of property subject to registration in the land register
real estate, also the competent land registry office.
(6) if the auction was published on the central address
shall publish notice of the auction there and the fact that the subject of the auction was not
auctioned off.
§ 50
A Protocol on the auction
(1) after the end of the auction the auctioneer shall be drawn up without delay
a Protocol on the auction.
(2) to the Protocol made by auction auctioneer joins the auction notice
and, where appropriate, a copy of a notarial act (§ 47 para. 8).
(3) in the auction, the auctioneer shall be made:
a) date, place and time of the auction made; It shall also mention that this is a auction
involuntary; If it is a repeated auction, state this fact,
(b) the designation of the subject of the auction) and its accessories, the rights and obligations of the
the subject of the auction váznoucích, and associated with it, the State in which the subject
the auction is located, and an estimate of its value
(c) the designation of the former owner,) the pledgor and the debtor,
(d)) the lowest of administration,
(e) the petitioner) mark, the auctioneer and auctioneer,
(f) the designation of the declarer,)
(g)) the price reached vydražením.
(4) the Protocol on the auction shall be signed by the auctioneer, the auctioneer and
the successful bidder. Part of the Protocol is a copy of the auction a signed
the applicant and any additions (§ 43 para. 7). The refusal of the
the successful bidder to sign a Protocol on the auction carried out, indicating that the auctioneer in the
Protocol.
(5) if the auction because it was not made or the lowest of administration,
the auctioneer shall be drawn up without delay a Protocol on the auction;
for its requirements, the provisions of paragraphs 2 to 4 shall apply mutatis mutandis.
(6) the Protocol on the auction auctioneer shall send within 5 days from the date of
auction the persons mentioned in § 43 para. 5.
(7) if the auction was published on the central address
publish there auctioneer information required under paragraph 3 (b). a), b), (e));
the auctioneer shall publish the amount of the prices achieved and vydražením or the fact that
even the lowest of Administration has been made.
§ 51
The proceeds of the auction and settlement of the costs of the auction
(1) the costs of the auction shall be paid from the proceeds of the auction, unless stipulated
or in the contract of sale unless otherwise agreed.
(2) if the subject of the auction is not enough or if auctioned off with the proceeds of the auction on
reimbursement of the costs of the auction, shall pay the costs of the auction or the remainder of the
the applicant, if it is not in the contract of sale agreed that the costs
the auction shall be borne by the auctioneer.
(3) if the auction frustrated by the buyer or if the subject of the auction being auctioned off
person who is excluded from the auction, the auction of the security lodged by the buyer
including its accessories shall be applied to the cost of dashed auction.
If a repeated auction the remaining portion of the auction shall guarantee
the compound is the successful bidder, which caused the destruction of the auction, at the expense of
the repeated auction. After payment of the costs of the auction and the repeated auction is
the remaining part of the auctioneer and returns, which caused the destruction of the auction.
(4) the successful bidder, which caused the destruction of the auction, is obliged to challenge
to pay that part of the cost of the auction sale, which does not cover the auction
the security shall be composed by him; This also applies to the costs of the repeated auction held in
as a result of the destruction of the previous auction, the successful bidder.
§ 52
Payment of the price reached vydražením
(1) the price reached vydražením cannot be subsequently reduced.
(2) the auction house security and its accessories shall be counted to the auctioneer
the price reached vydražením. The remaining part of the price achieved is vydražením
the successful bidder shall, within 10 days from end of auction to pay the dražebníkovi,
unless another time-limit laid down for payment of the prices achieved vydražením.
(3) if the price reached $ vydražením more than 5 000 000, the
the successful bidder shall be obliged to pay the price reached vydražením within 30 days of
the end of the auction.
(4) if the successful bidder consists of the auction in the form of bank guarantee
guarantee is the successful bidder shall be obliged to pay the price reached vydražením in full
the amount within the time limit referred to in paragraphs 2 and 3; auctioneer is obliged without undue
delay after the payment of the price the auctioneer and return warranty vydražením achieved
of the Charter.
(5) the price can be paid vydražením achieved by offsetting. Payment of Bill of Exchange
is inadmissible.
§ 53
If the successful bidder has paid the price reached vydražením within the prescribed period,
It passes the ownership of the lot at the time of the granting of
the hammering.
§ 54
Confirmation of the acquisition of the ownership of the
(1) the Auctioneer will issue without undue delay, the auctioneer, which took
ownership of the lot pursuant to § 53, written confirmation of the acquisition
ownership of the object of the auction. Written confirmation provides an indication
the subject of the auction, the former owner, auctioneer and auctioneer; Annex
certificate of acquisition of ownership shall be the document from which it will be obvious
date and method of payment of the prices achieved vydražením; Annex to the certificate of
the acquisition of ownership is also a copy of a notarial act (§ 47 para. 8);
signature of auctioneer to confirm on the acquisition of ownership must be officially
authenticated.
(2) in the case of immovable property, the successful bidder will receive two copies of the certificate of
the acquisition of ownership.
(3) in the case of property that is the subject of the registration in the land register
real estate, it shall send to the competent authority one cadastral auctioneer
copy of the certificate on the acquisition of ownership in which must be mentioned,
that rights to the subject of the auction.
(4) part of one copy of the certificate of acquisition of ownership is
a copy of the Protocol for the auction, including a copy of the auction
signed by the applicant.
section 55
Pass item of the auction
(1) if the successful bidder has acquired ownership of the object of the auction, the auctioneer
shall, under the conditions referred to in the subject of the auction and auction
documents that certify the ownership and are necessary to the management of
the subject of the auction or certify other rights of the purchaser in respect of the subject
the auction, the auctioneer to pass without undue delay; the successful bidder takeover
the subject of the auction shall confirm in writing.
(2) in the case of real estate, is the former owner shall on the basis of
submission of proof of ownership and proof of the identity of the purchaser
without undue delay to pass the subject of the auction the auctioneer. Auctioneer is
shall be obliged to draw up a protocol in place for the handover of the subject of the auction; in the log
shall be in addition to marking the former owner, auctioneer, auctioneer and
the subject of the auction, in particular a detailed description of the condition, in which the subject of the auction
including accessories was in when you pass on the subject of rights and obligations
the auction váznoucích.
(3) the Protocol on handover of the subject of the auction shall be signed by the former owner,
the successful bidder and auctioneer. A copy of the Protocol receives the former
the owner and the successful bidder will receive two copies. If any of the
These persons shall sign the Protocol that the auctioneer in the log.
(4) all costs associated with the transfer and acceptance of the subject of the auction shall be borne by
the successful bidder. This does not apply for the additional costs incurred as a result of
side of the former owner or auctioneer.
(5) the risk of damage to the subject of the auction is transferred from its holder on the
the successful bidder on the day of handover of the subject of the auction; same-day passes to the
successful bidder's responsibility for damage caused in connection with the subject
the auction. If the successful bidder is in default with acceptance of the lot, shall be borne by
the risk of damage and liability of the auctioneer.
§ 56
Easements and right of first refusal
(1) the rights of persons entitled to liens on the drains of the lot
the transition of ownership remain as a result of the auction shall remain unaffected.
(2) the Co-owners and other beneficiaries of the right of pre-emption, if
are not excluded from the auction, shall be entitled to exercise the right of first refusal in
auction as participants of the auction.
(3) the transition of ownership to the purchaser terminates contractual right of first refusal
to the subject of the auction; the statutory pre-emptive right of the State according to specific
legislation, ^ 12) the pre-emptive right of ownership, right of tenants
housing and commercial spaces to preferential acquisition of ownership and legal
pre-emptive right of tenants under special legislation ^ 13) also operate
to the auctioneer.
Rights to ensure accounts receivable
§ 57
(1) the claims which are Not in terms of its creation, the younger
than the oldest signed the claim shall be construed as if logged in
the rights to the subject of the auction of these claims to ensure the inserted in
the land registry or in the schedules of the certifying
the ownership necessary for dealing with the subject of the auction.
(2) if the auction lender to legal succession, is
by signing the claim is bound and the legal successor; This does not apply if
not over the time limit for the lodgement of claims and legal successor of login
claims appeals; the signature on the notice of appeal shall be receivable login
officially certified.
§ 58
(1) the lien securing the claim lodged, that is from
in terms of its formation, the oldest, as well as all of the liens of the
in terms of its formation under the transition of ownership of the subject of the auction
cease to exist; This is also true of the rights arising from contracts of the restriction on transfer
real estate. Claims secured those rights if they are not yet
become due on the date of transfer of the ownership of the subject of the auction due to the
to the extent that they are in the auction met.
(2) the Lien rights to the subject of the auction, which are in terms of their
the emergence of older than the oldest liens securing the logged-in
the claim, pointing to the ownership of the subject of the auction do not expire and acts
to the auctioneer. Claims secured those rights if they are not yet
become payable on the date of transfer of the ownership of the subject of the auction
due and payable.
§ 59
Satisfaction of all claims of creditors to auction
(1) if it can be from the proceeds of the auction after the settlement of the costs of the auction fully satisfy
all claims of creditors to auction, the auctioneer shall transmit to the
the amount corresponding to the amount of uspokojovaných claims official creditors
within 10 days of payment of the price reached vydražením. For receivables,
whose development and ensuring the subject of the auction have not been documented,
not taken into account.
(2) the amount remaining after satisfaction of the claims referred to in paragraph 1
the auctioneer will send within 10 days after the payment of the price reached vydražením
the former owner.
(3) if it is not possible to pass a valid creditors the amount or
owner, saves the auctioneer that amount to the account set up by this
purpose and shall negotiate the usual interest in the place and time; account number auctioneer
publish to a central address.
section 60
Satisfaction of claims of creditors under auction
(1) if it can be from the proceeds of the auction after the settlement of the costs of the auction to satisfy
only part of the registered claims to pay creditors, auction
the auctioneer each claim referred to in paragraph 2. For receivables,
whose development and ensuring the subject of the auction have not been documented,
not taken into account.
(2) the claims shall meet in this order:
and first class) that make up the debt secured by mortgage
the law, if they are under a special legal regulation as a priority
met regardless of the order, and receivables secured detention
the law,
(b) the claim of the second class), which is applied for the claim of
mortgage loan or part thereof, used to cover the nominal value
mortgage bonds,
(c) third class) that make up the claims secured by
lien or limiting the transfer of the property; was at a standstill on the
lot more of these rights, satisfy, according to the order of their
the creation,
(d) fourth class) that make up the taxes, fees and other similar
financial transactions, insurance premiums on health insurance premiums, insurance premiums on
social security contributions and contributions to the State employment policy,
If you have become payable in the last 3 years before making
the auction and were bidding to authorized creditors lodged;
logs to claim more of the auction lenders satisfied
their claims fairly.
(3) the Auctioneer passes to the amount corresponding to the amount of relatively or at least
partially settled the claims within the time limit creditors to auction 10 days from
payment of the price reached vydražením.
(4) if it is not possible given the amount of pass valid creditors, saves the
the amount the auctioneer on account set up for this purpose, and shall negotiate the usual interest
in time and place; the auctioneer shall publish on the account number of the central address.
§ 61
The Protocol for the satisfaction of claims
(1) for the satisfaction of claims of the auctioneer shall be drawn up without delay
Protocol.
(2) the Protocol for the satisfaction of claims of the auctioneer shall state the
and) date place, time and kind of made the auction
(b) the designation of the subject of the auction) and its accessories, rights and obligations on it
váznoucích and the State in which the subject of the auction was,
(c) the designation of the auctioneer, petitioner) and the successful bidder,
(d) the designation of the former owner,) the pledgor and the debtor,
(e) the amount of the proceeds of the auction) and the settlement of the costs of the auction,
(f)) order and how to meet the claims,
g) receivables outstanding, which were not in formation and
ensure the subject of the auction demonstrated.
(3) the Protocol for the satisfaction of claims of the auctioneer shall within 5 days of its
copy of the persons mentioned in § 43 para. 5.
PART FOUR
FINAL PROVISIONS
§ 62
The Central administrator address
(1) the administrator of the
Central address
can only be selected person ^ 14) whose code of conduct with regard to the
the needs of the publication of the information under this Act approved on time
a specific Ministry.
(2) the Ministry may cancel the approval of a production order if
the Central administrator committed serious misconduct, addresses that compromise the
the publication of the information under this Act.
§ 63
A special responsibility
(1) the applicant is responsible for the voluntary auction defects of the subject of the auction,
that have been or should be when submitting a proposal to implement auctions are known and
warn them in time the auctioneer in the contract of sale. It
does not apply if the auction shows something else. If
one more auction, the appellants ' in the first sentence for defects
the subject of the auction, jointly and severally.
(2) for the auction of involuntary plaintiff is not liable for any defects
the subject of the auction, however, is responsible for damage caused by unauthorized draft
on the design of the auction; This responsibility is waived. Unauthorized
proposal for the implementation of the auction, in particular, means a request submitted by a person
that his administration was not entitled under this Act or a draft
filed in contravention of this Act.
(3) the auction lenders are responsible for any damage caused by unauthorized
sign-in accounts receivable. Unauthorized logins claims are particularly
means the lodge a claim by a person to her filing was not
This Act shall be entitled to or signed up a claim in contravention of this
by law.
(4) the Auctioneer is responsible for any damage caused by the violation of the provisions of the
of this Act; but is not responding for any damage suffered as a result of
the incorrectness or incompleteness of the information about the subject of the auction listed in auction
the Decree on the basis of supporting documents provided by the applicant, or a third
person. Their responsibility is the auctioneer shall relieve, if it proves that the
the damage could not prevent unavoidable despite all efforts that can be
reasonably require. The auctioneer is also responsible for damage caused by
third party procedure auctioneer; This responsibility is waived.
(5) If an auction conducted by a person who was not entitled to do so, corresponds to the
for all the damage caused by performing the auction; This responsibility is
cannot be exempt.
(6) the administrator of the central address is responsible for damage caused by its
misconduct in the disclosure of information under this Act.
(7) the former owner of the subject of the auction the auctioneer is responsible for damage
due to delays with the passing of the subject of the auction.
(8) the person who filed the application for a declaration clearly unreasonable for auction
an invalid, corresponds to the mover, dražebníkovi and the auctioneer for the damage
as a result, to them.
§ 64
Sale of movable assets, initiated by legislation shall be completed
According to these regulations.
§ 65
The legal relationship provided for in this law shall be governed by the civil code,
unless otherwise specified.
§ 66
The person authorized to conduct voluntary auctions of movable assets excluding
enforcement according to present regulations may perform these auctions
for a period of 1 year after the effectiveness of this Act only to the extent already granted
trade licence. Expiry of the validity of the commercial
incurred under provisions applicable permissions before the effective date of this
the law expires.
§ 67
Regulation (EEC)
Act No 174/1950 Coll. on auctions outside the execution, as amended by
Act No. 513/1991 Coll.
§ 68
The effectiveness of the
This Act shall take effect on the first day of the third month following the date
publication.
Klaus r.
Havel, v. r.
Zeman in r.
Selected provisions of the novel
Article II of law No 315/2006 Sb.
Transitional provision
The auction, for whose implementation has been concluded prior to the date of acquisition
of this Act, or in respect of which was before this date
published auction, as well as relations with them related,
governed by existing laws.
Article. XVIII of the Act No. 396/2012 Sb.
Transitional provisions
1. The auction, on whose implementation has been filed prior to the date of acquisition
the effectiveness of this law shall be completed in accordance with the existing laws,
regulations.
2. involuntary Auction may be after the date of entry into force of this Act
also on a proposal made to the auction of a creditor whose claim is
accompanied by an enforceable exekutorským writing that contains the elements
laid down by law No 120/2001 Coll., in the version in force before the date of application
the effectiveness of this Act.
3. the Auctioneer nor from the auction in accordance with § 46 para. 1 (b). g) of law No.
26/2000 Coll., in the version in force from the date of entry into force of this Act,
If the basis for the regulation of the enforcement of judgments enforceable executory
the registration, which was drawn up in the last 3 months before the auction.
Article. (II) Act No. 167/2015 Sb.
Transitional provision
Auction announced before the effective date of this law shall be completed in accordance with
the existing legislation.
1) Law No 428/1990 Coll., on transfers of State ownership to some of the
things to other legal or natural persons, as amended
regulations. Act No. 337/1992 Coll., on administration of taxes and fees, as amended by
amended. Act No. 99/1963 Coll., the code of civil procedure, in
as amended.
2) Act No. 219/1995 Coll., the Foreign Exchange Act, as amended.
3 paragraph 8 et seq.). Act No. 63/1991 Coll., on the protection of economic competition, in
as amended.
3A) section 116 of the civil code.
3B) §66A. 2 to 7 of the commercial code.
4) § 66a of Act No. 513/1991 Coll., the commercial code.
4A) section 20 of Act No. 563/1991 Coll., on accounting, as amended
regulations.
5) § 58 para. 3 of Act No. 455/1991 Coll., on trades
(Trade Act), as amended by Act No. 283/1995 Coll.
6) § 60 para. 2 of Act No. 455/1991 Coll.
7) § 5 of the commercial code.
8) § 7 of the commercial code.
9) Law No. 20/1987 Coll. on State heritage preservation, as amended
regulations.
10) Act No. 36/1967 Coll. on experts and interpreters.
10A) Act No. 21/1992 Coll., on banks, as amended.
10B) § 4 paragraph 2. 1 of Act No. 254/2004 Coll., on the limitation of cash payments and
on the amendment of Act No. 337/1992 Coll., on administration of taxes and fees, as amended by
amended.
11) Act No. 148/1998 Coll., on the protection of classified information and amending
certain acts, as amended by Act No. 169/1999 Coll.
11A) Act No. 72/1974 Coll., to regulate certain co-ownership
relationships to buildings and certain ownership relationships to flats and non-residential
spaces and the following certain laws (the law on the ownership of flats)
as amended.
11B) § 3 of the law No 71/1994 Coll., on the sale and export of objects of cultural
values, as amended by Act No. 80/2004 Sb.
for example, § 12) 13 of Act No. 20/1987 Coll. on State heritage preservation, in
as amended, § 61 of Act No. 114/1992 Coll., on the protection of
nature and landscape, as amended by Act No. 222/2004 Coll.
13) § 22 para. 1, 2 and 6 of Act No. 72/1994 Coll., as amended
regulations.
13A) for example, Decree No 136/1985 Coll., on financial, credit and other
help the cooperative and individual housing construction and modernisation of
family houses in personal ownership, as amended.
13B) section 24 of Act No. 42/1992 Coll., on the adjustment of property relations and
the settlement of property claims in cooperatives. section 23 of Act No. 72/1994 Coll.
14) Act No. 199/1994 Coll., on public procurement, as amended by
amended.
14A) Act No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended.
14B) § 334a code of civil procedure.
15) Act No. 216/1994, Coll., on arbitration proceedings and enforcement of arbitral
the findings.
16) section 71a to 71 c of Act No. 357/1992 Coll., on the notarial profession and their activities
(the notarial regulations), as amended.
16A) § 153 para. 1 and § 154 of the civil code.
17) section 67b of Act No. 328/1991 Coll., as amended by Act No. 122/1993.
17A) § 268 paragraph. 1 (b). h) of the code of civil procedure.
18) § 11 (1) 1 Act No 227/2000 Coll. on electronic signature and
amendments to certain other laws, as amended.
