Rules For Concurrent Enforcement

Original Language Title: pravidla pro případy souběžně probíhajících výkonů rozhodnutí

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=51201&nr=119~2F2001~20Sb.&ft=txt

119/2001 Sb.



LAW



of 22 March. February 2001,



laying down rules for cases of concurrent performance

the decision of the



Change: 286/2009 Sb.



Change: 281/2009 Sb.



Change: 396/2009 Sb.



Parliament has passed the following Act of the United States:



§ 1



The subject of the edit



This Act regulates the procedure of the courts, judicial executors, administrators, and tax

by public authorities or by the bailiff when you

implementation of execution in the case if they are mandated by the Court, exekucemi

the tax administrator or public authority simultaneously affected by the same

things, rights or other assets.



§ 2



Definition of terms



For the purposes of this Act, means the



and execution enforcement nařizovaný) and carried out by the Court in accordance with

special legal regulation ^ 1), execution led by court executor

under special legislation ^ 1a), the tax execution ordered by and

carried out by the tax authorities under a special legal regulation ^ 2) and execution

ordered by and carried out the administrative authority according to a special legal

prescription ^ 3),



(b)) authorized one whose claim is enforced by execution,



c) mandatory one against which the execution has been ordered and implemented,



(d)) the tax administrator the person who directs and carries out enforcement pursuant to the tax

the order,



(e) the regulation of execution of the decision), in which the Court ordered the performance

the decision, the issue of the notice of the initiation of the execution, the issue of enforcement

the tax administrator or administrative authority.



Deductions from wages and other income



§ 3



(1) the entitlement to compulsory concurrently affecting property seizures on wages is

to satisfy the legitimate claims of their order.



(2) the ranking of claims shall be governed by the date on which the wage payer delivered

order of the Court for the enforcement of wage enforcement

bailiff's statement on the implementation of payroll deductions, an enforcement order

the tax administrator for the implementation of payroll deductions or command to perform the deduction

from wages issued by a public authority. If it was the same day the payer of wages

delivered the decision for several claims, such claims have the same

the order; It is not enough if the amount attributable to them to their full satisfaction,

quite satisfied.



§ 4



(1) at the request of the payer's wages, it authorized or required, the Court by order

decides what amount should be in the appropriate pay period payroll

compulsory withheld and how much of it falls on any merely claim.



(2) the decision referred to in paragraph 1, the payer's wages to send

the amount withheld from wages compulsory jurisdiction which it lays out between

each eligible and makes the payment. Payer's wages is required to

send the withheld amount to the Court, if at the request of any of the

authorized court, which then performs the payment.



§ 5



(1) if the statutory deductions from wages several pay court to payers

the draft bill-pay, authorized or mandatory resolution decides what

part of the basic amount is not single payer of wages of the debtor's wages

clashing. If the income of the debtor without reaching for a payer's wages or

a defined part of the basic amount, the payer is required to notify payroll

the Court; the Court then decides what part of the resolution of the basic amount has

single payer's wages to the clot.



(2) if the statutory deductions from wages at the same time, several taxpayers pay

shall send to the precipitation of the Court. The Court will examine whether the overall amount deducted

does not exceed the claims of all authorized. If it is, no more than it's worth

individual authorized to them falling out of the withheld part of the amount.

If it exceeds, the Court shall pay out of the withheld amount authorized as many as

corresponds to their debts, and the rest of the returns to the debtor.



§ 6



To control and decision pursuant to § 4 and 5, the competent court is mandatory.



§ 7



(1) the provisions of paragraphs 3 to 6 shall also apply when the property seizures affecting

in parallel, other income of the debtor in the case of income that is subject to the execution of

deductions from pay. ^ 4)



(2) if the principal claim to wages also entitled to income referred to

in paragraph 1, it shall proceed as if it were a few salaries.



Commandments of the claim



§ 8



(1) when the debtor claim concurrently affecting property seizures from the account for

banks, branches of foreign banks or savings and credit cooperatives

(hereinafter referred to as "financial institution") shall satisfy the claims authorized pursuant to

their order.



(2) the ranking of claims shall be governed by the date on which it was delivered to the Monetary Institute

order of the Court for the enforcement of claims the commandments

account with a financial institution, an enforcement order the bailiff, the bailiff

Tax Manager command or a command of the relevant public authority.

The same day, if the Monetary Institute delivered the decision for several

claims, such claims have the same order; If the amount is not sufficient for them

attributable to their full satisfaction, shall be pro-rated.



§ 9



(1) a financial institution may amount to be covered by regulation foreclosures

in parallel, the debtor of the receivable that affects the account, to surrender to the Court that

It lays out between each eligible and makes the payment. Cash

the Institute is obliged to send this amount to the Court, if at the request of

one of the authorized court.



(2) the management and the decision referred to in paragraph 1, the competent law court

principal.



§ 10



The provisions of § 8 and 9 shall apply mutatis mutandis when the property seizures concurrently affecting

other monetary claims of the debtor or his other property rights.



The sale of movable property



§ 11



(1) Affects the execution in parallel with the same matter of compulsory,

carry out the execution, in which it was first drawn up by this thing; the control in the

other property seizures are in respect of this matter, the date of their

Regulation of the interrupt.



(2) in proceedings for the execution of the abandoned pursuant to paragraph 1 may be continued only

If in execution, in which the case was previously drawn up, not to

the final end of this thing and sold or otherwise used to

satisfaction, or if before it becomes final, the

the end was excluded from this execution, and if the recovered claim

has not yet lapsed. From the aborted execution referred to in paragraph 1 shall

It continues in that case was drawn up previously.



(3) if the same movable thing drawn up in more property seizures on the same day,

the General Court shall decide which of the compulsory execution shall be carried out.



§ 12



(1) the beneficiary of the execution, in which the proceedings were interrupted, according to § 11 may

his claim to proceed to execution to be carried out as an additional

legitimate. In this execution has the right to satisfy their claims against

other creditors of the debtor, if the claim was secured to the detention

the right to the sold stuff; otherwise, the satisfaction of his claim does

According to the order.



(2) further authorized the order claims that ensure

lien or locking transfer rights to sold things,

be governed by the date of those rights; otherwise, it shall be governed by the date on which the matter was in the

benefit claims drawn up. If it was the same day written thing in favour of

more claims, such claims have the same order; It is not enough if the proceeds

sales to their full satisfaction, to satisfy these claims

fairly.



section 13 of the



The provisions of articles 11 and 12 shall be applied in respect of money and things

which do not lead to sell. ^ 5)



Sale of real estate



§ 14



(1) Affects the execution in parallel the same property the debtor performs

the execution, which was first ordered; the proceedings in the other

property seizures are in respect of this matter on the date of the legal force of the regulation

interrupt.



(2) the order of distraint under paragraph 1 shall be governed by the date of

the competent authority to the cadastral



and it was delivered) resolutions, in which the Court ordered the execution of the decision, the selling

real estate,



(b)) was served with an enforcement order issued by the Court executor,



(c)) was served with an enforcement order issued by the tax authorities.



(3) in proceedings for the execution of the abandoned pursuant to paragraph 1 may be continued only

If in earlier ordered the execution were not in its final

the end of the real estate sold and if the recovered claim so far

ceased to exist. From the aborted execution referred to in paragraph 1 shall continue in

the one that was ordered before.



(4) if in respect of the same real estate was more execution ordered by a

the same day, the General Court shall decide the compulsory execution of the

performs.



(5) the effects of other regulation enforcement and execution of commands in the

the range on auctioned property shall expire, unless the

the decision, which was the lien, if



and hammer or resolution) resolution on předražku has power and



(b) the successful bidder who paid the highest submission) or because of the amount of the highest

předražku,



and that at the date of the facts which occurred later.



§ 15



(1) the beneficiary of the execution, in which the procedure was in accordance with § 14 is interrupted, may

lodge his claim to the execution to be carried out to the satisfaction of

distributed nature of the negotiations no later than the start of auction. Group

and the order that the claim is in execution, in which the procedure was in accordance with § 14

broken, he distributed the substance in the schedule by the execution

is maintained.



(2) in the schedule will satisfy the authority that carries out the execution, and efficiently


expenditure of another body, which affected the same real estate foreclosures

severed under section 14. Cash outlays in the first sentence shall meet in

the same group, in which it is satisfied the claim authorized in

the aborted execution, and can be satisfied only if the

satisfaction of the claim of the creditor.



section 15a



(1) unless the authority that carries out the execution, despite the challenge from a duly authorized

the aborted execution for a period longer than 3 months, an act aimed at

the auction of the property, the beneficiary of the aborted execution claim

the execution was carried out, which regulation has suggested.



(2) the resolution referred to in paragraph 1, the Court in whose district the property is.

The parties are the applicant and the participants in the execution, that is

being implemented. A right of appeal also has the authority, whose execution is

carried out, and the authority which is in the execution to proceed. These authorities the Court

delivers the resolution into their own hands. The legal power of the resolution referred to in paragraph

1 is interrupted, originally carried out the execution.



(3) the authority carrying out the execution, it may, after the invitation referred to in paragraph 1 of this

the execution of interrupt. The decision shall be delivered to the creditor who filed the challenge,

and the authority which carried out the execution of the interrupted pursuant to § 14 para. 1, which

This proposal was mandated by the entitled party. After the decision of the

interrupt execution under the first sentence continues execution authority,

that has led the execution of the interrupted pursuant to § 14 para. 1, which was mandated by the

on a proposal from the authorized, who filed a challenge.



(4) if the decision body that carries out the execution, break execution of this

in paragraph 3, first sentence, after the application of the authorized from execution

the abandoned pursuant to § 14 para. 1 on the implementation of the execution, the regulation

He suggested the court proceedings referred to in paragraph 2 stops.



section 15b



Real estate management



(1) the provisions of section 14 shall apply mutatis mutandis when the administration of real estate property seizures

in parallel, affecting the same estate.



(2) the beneficiary of the execution, in which the proceedings were discontinued, has the status of

further authorized the seizure, if the logs, the date,

When such a proposal.



section 16 of the



The sale of the company



(1) the date referred to in article 16a, paragraph 2. 2 breaks already ordered

execution, affecting things, rights and other material assets belonging to the

of the business. Permissions of these foreclosures as lenders have the statutory right to

the distributed nature of satisfaction, without having to merely

the claim sign; This is true even if the claims to be recovered shall

does not belong to the company.



(2) execution, which were affected by things, rights and other property

the value of belonging to the company, ordered after the date referred to in article 16a para. 2

not until the end of proceedings before the Court or bailiff

to do this. The possibility of legitimate of these foreclosures lodge his claim

According to a special legal regulation is without prejudice to. ^ 6)



(3) if the seizure is affecting things, rights and other property values

belonging to the undertaking made before the person who carries out the execution,

found out about distraint sale of a business, are the effects of

made of execution are preserved.



(4) if the claim has not been authorized as referred to in paragraphs 1 and 2

satisfied when the schedule distributed by the nature obtained by the sale of a business,

continue after a final termination of enforcement (execution)

the sale of the undertaking in the proceedings; in the event that the company has been sold at auction, and

that it is a claim belonging to the undertaking in the proceedings, the place of

compulsory the successful bidder.



section 16a



(1) Affects the same undertaking the compulsory execution shall be carried out

the execution, which was first ordered; the proceedings in the other property seizures

with respect to the date of the legal force of their breaks.



(2) the order of distraint under paragraph 1 shall be governed by the date of

the competent court or authority of the rejstříkovému, who leads a different index,

in which is a required written



and it was delivered) resolutions, in which the Court ordered the execution of the decision, the selling

the enterprise,



(b)) was served with an enforcement order issued by the Court executor or



(c)) was served with an enforcement order issued by the tax authorities.



(3) in proceedings for the execution of the abandoned pursuant to paragraph 1 may be continued only

If previously ordered the execution wasn't in its final

the end of the business sold and if the recovered claim has not yet lapsed.

From the aborted execution referred to in paragraph 1 shall continue in that

was ordered earlier.



(4) if in respect of the same undertaking was more execution ordered by the same

the day of the General Court shall decide which of the compulsory execution shall be carried out.



(5) the provisions of section 15 shall apply mutatis mutandis in connection with sale of a business.



Common and final provisions



§ 17



(1) parties to proceedings under this Act are the permissions of all the

foreclosures, which are simultaneously affected by the same things, rights or other

the assets of the debtor and the debtor.



(2) with respect to the rights and obligations of the payer of wages the debtor institution

or other debtor of compulsory, are participants in the proceedings also the persons.



section 18



If the procedure for the execution of suspended under this Act, it shall inform the

Parties to the proceedings and learn about their rights, it is the authority that the execution of

performs.



§ 19



For the duration of the stay of proceedings under this Act are not carried out acts

execution time limits and does not run. If the control continues, the time limits shall

run it again.



section 20



Unless otherwise provided in this Act, the procedure is when you perform a execution,

which are simultaneously affected by the same things, rights or other property

the value of the debtor under the law governing their

of the regulation.



section 21



On the management and decision making under this Act shall apply mutatis mutandis

the provisions of the code of civil procedure.



section 22



Under this Act shall proceed in those foreclosures, which have been ordered by the

before the date of entry into force of this Act. The effects of the operations carried out by the

before the effective date of the law remain unaffected.



Article 23 of the



This Act shall take effect on 1 January 2000. May 2001.



Klaus r.



Havel, v. r.



Zeman in r.



Selected provisions of the novel



Article. XXI of law No 396/2009 Sb.



Transitional provision



The provisions of paragraphs 2 (a). e) Act No. 119/2001 Coll., in the version in force until the date of

entry into force of this law, shall be applied in the context of enforcement

Management maintained pursuant to part II of the article. IV, point 1.



1) Act No. 99/1963 Coll., the civil procedure code, as amended

regulations.



1A) Law No 120/2001 Coll., on judicial executors and enforcement activities

(enforcement procedure) and amending other acts, as amended.



2) Act No. 337/1992 Coll., on administration of taxes and fees, as amended

regulations.



3) Act No. 500/2004 Coll., the administrative code, as amended by law no 413/2005 Sb.



4) section 299 of the judicial code.



5) § 333, 334 and 334a code of civil procedure.



6) § 338s code of civil procedure.