On Public Auctions

Original Language Title: o veřejných dražbách

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=48866&nr=26~2F2000~20Sb.&ft=txt

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.