30/2000 Sb.
LAW
of 12 June. January 2000,
amending the Act No 99/1963 Coll., the code of civil procedure, as amended by
amended, and some other laws
Change: 6/2002 Sb.
Change: 413/2005 Sb.
Change: 296/2007 Sb.
Change: 89/2012 Coll. 256/2013 Sb.
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
To change the code of civil procedure
Article. (I)
Act No. 99/1963 Coll., the code of civil procedure as amended by Act No. 36/1967
Coll., Act No. 158/1969 Coll., Act No. 49/1973 Coll., Act No. 20/1975
Coll., Act No. 133/1982 Coll., Act No. 180/1990 Coll., Act No. 328/1991
Coll., Act No. 519/1991 Coll., Act No. 263/1992 Coll., Act No. 24/1993
Coll., Act No. 171/1993 Coll., Act No. 117/1994 Coll., the Act No. 152/1994
Coll., the Act No. 216/1994, Coll., Act No. 84/1995 Coll., Act No. 118/1995
Coll., Act No. 160/1995 Coll., Act No. 237/1995 Coll., Act No. 247/1995
Coll., the finding of the Constitutional Court No. 31/1996 Coll., Act No. 142/1996 Coll.,
the finding of the Constitutional Court No. 269/1996 Coll., Act No. 202/1997 Coll., Act
No. 227/1997 Coll., Act No. 15/1998 Coll., Act No. 91/1998 Coll., Act
No 165/1998 Coll., the Act No. 326/1999 Coll., Act No. 360/1999 Coll., the award
The Constitutional Court No 2/2000 Coll. and Act No. 27/2000 is amended as follows:
1. In article 1, the word "fellow" is replaced by "other persons".
2. In section 2, after the words "legal stuff" comma replaces the clutch "and",
the word "voluntarily" with the comma shall be replaced by a semi-colon and the word "and focus
its activities to "shall be replaced by" shall ".
3. In article 7 (2). 1, after the words "the courts decide", the words "litigation and
other legal ", the word" family "is deleted the comma, the words
"cooperative, as well as the" clutch "and" and the words in parentheses
"(including business and economic relations)" shall be deleted.
4. section 9, including title and footnote No. 39) to 53):
"The jurisdiction of the
§ 9
(1) unless otherwise provided by law, are to the proceedings at first instance competent
the district courts.
(2) regional courts decide as courts of first instance
and in matters of protection of personality) under the civil code and the protection of
against the disclosure of information that is an abuse of freedom of expression,
the words and the press, where appropriate, the protection of the rights of third parties under the law
the provisions concerning the mass of information resources
b) in disputes arising from the application of rights and obligations under
legislation on the protection of personal data in information
systems, ^ 39)
(c)) in disputes relating to claims based on copyright law, 40) ^ ^
claims of threats and violations of the rights under the Copyright Act and the
claims on the issue of unjust enrichment obtained at the expense of whom
witness rights under copyright law,
d) in disputes relating to the mutual settlement of pension insurance and benefits
pension granted wrongly or in a higher area than
the preserve, between the employer and receiving this benefit,
(e)) in disputes between the competent sickness insurance institution and
the employer for damages resulting from improper procedure when
the implementation of sickness insurance,
(f)) in disputes on determining the illegality of a strike or lockout,
(g)) in the annulment or termination of the service
According to § 18 paragraph. 2 Act No. 451/1991 Coll., laying down some of the
additional preconditions for the performance of certain functions in State bodies and
organizations of the Czech and Slovak Federal Republic, the Czech Republic and
The Slovak Republic,
h) in disputes relating to a foreign State or persons enjoying
diplomatic immunities and privileges, if these disputes belong to the competence of the
the courts of the Czech Republic,
I) in proceedings to determine whether the proposal for the registration of a political party or
political movement does not have the flaws that would prevent their
register a. 1)
(3) the county courts also decide in commercial matters as courts of first
the degree of
and in matters of the commercial register), the register of non-profit
the company and the directors of the register,
(b)) in statusových matters of commercial companies, cooperatives and other
legal persons according to the part of the first, second and fourth of the business
^ Code 41)
(c)) in cases arising from legal relations that are related to
the setting up of commercial companies, cooperatives, non-profit
companies, foundations and Foundation funds
(d)) in proceedings relating to revocation of generally beneficial to society and its liquidation and on the
the appointment of a liquidator, ^ 42)
(e)) in proceedings relating to revocation of the Foundation or Endowment Fund and their disposal, the
appointment of the liquidator of the Foundation or Endowment Fund and appointing a new
the members of the Administrative Board of the Foundation or Endowment Fund, ^ 43)
(f)) in proceedings relating to revocation of the State enterprise, and on the appointment and dismissal of the
the liquidator, ^ 44)
(g)) in disputes arising from the legal relationships between business companies (cooperatives)
and their founders (members), as well as between partners
(members or founders) of each other, if the relations concerning the participation of
the company (member of the relation in the team), about the relationship of treaties
the share is transferred to a shareholder (Member rights and obligations), and relationships
related to the increase of basic capital (accession partnership or
Member), if there is no jurisdiction under subparagraph (b)),
h) in disputes between business companies (associations) and their
statutory authorities, insurance adjusters or other authorities and in disputes between
companions (members) and statutory bodies, the liquidators or other authorities,
If the relations concerning the performance of the functions of these bodies,
I) in disputes arising from the legal relationships between the entrepreneur, public benefit
companies, foundations or Endowment Fund and the administrator of the property belonging to
to their bankruptcy or forced by the administrator, which was
appointed,
j) in disputes arising from the legal relationships between the head and the entrepreneur, which
prokuru granted, and if during the accounting department granted more persons of legal
the relationships between these entities,
in matters of protection to) competition, ^ 45)
l) in disputes relating to the protection of the rights of broken or at risk of unfair
competitive negotiation ^ 46) and of violations of or threats to rights
secret ^ 47)
m) in matters of protection of the name and reputation of a legal person, ^ 48)
n) in disputes of the rights to the trade name, ^ 49)
about) in disputes relating to claims based on intellectual property, the
claims of threats and violations of the rights of industrial property and the
claims on the issue of unjust enrichment obtained at the expense of whom
demonstrated by the rights of intellectual property,
p) in disputes relating to bills of Exchange, cheques and other securities
derivatives and other values, which are negotiable on the capital
market,
q) in disputes of the shops on the commodity exchange,
r) in disputes from other business obligations, including disputes about
compensation and the issue of unjust enrichment between entrepreneurs in the
their business activities, with the exception of disputes
1. from the credit agreements, ^ 50) on the current account ^ 51) and on the deposit account ^ 52) and of the
their security; the provisions of points (p)), this does not prejudice
2. for damages and for the issue of unjust enrichment arising
the context of the contracts referred to under point 1 and their security,
3. to determine the ownership of real property and the nullity of the contract on the transfer of
the ownership of immovable property,
4. the rights to foreign things ^ 53)
5. concerning the lease of real estate, flats and non-residential premises,
6. the cash transactions if the amount requested by the applicant does not exceed the
100 000 CZK; the accessory claims are disregarded,
with) in matters of bankruptcy and settlement,
t) in disputes raised by the bankruptcy or settlement, unless it is a
the settlement of the joint property or other assets of the spouses
u) in matters of the capital market.
(4) the Supreme Court of the Czech Republic (hereinafter referred to as the "Supreme Court")
as the Court of first instance, established a special legal regulation.
39) Act No. 256/1992 Coll., on the protection of personal data in information
systems.
40) Act No. 35/1965 Coll., on the works of literary, scientific and artistic
(the Copyright Act), as amended.
41) Law No 513/1991 Coll., the commercial code, as amended
regulations.
§ 8 paragraph 42). 4 and 5, § 9 (2). 2 of Act No. 248/1995 Coll., on General
community service societies and amending and supplementing certain acts.
§ 7, paragraph 43). 3 to 5, § 9 (2). 2 and section 16 of Act No. 227/1997 Coll., on
foundations and Foundation funds and amending and supplementing certain
related laws (the law on foundations and Foundation funds).
§ 6, paragraph 44). 4 and section 9 (2). 3 of Act No. 77/1997 Coll., on the State of the business.
45) Law No 63/1991 Coll., on the protection of economic competition, as amended by
amended.
46) section 44 and the following of the commercial code.
47) section 17 and following of the commercial code.
48) of section 19b of the Act No. 40/1964 Coll., the civil code, as amended by Act No.
509/1991 Coll.
49) section 8 and following of the commercial code.
50) section 497 and the following of the commercial code.
51) section 708 and following of the commercial code.
52) § 716 and the following of the commercial code.
53) § 151a and following of the civil code. ".
The existing footnote No. 1a), 2) to 22), 24) to 32) and 32a)
shall be deleted.
5. under section 9 shall be added to the new section 9a is added:
"§ 9a
To discuss the action in accordance with § 91a are competent in the first instance, the district
or county courts, depending on which of these courts is carried out in
the first stage of the proceedings on the case or the law, to which the plaintiff's claim. ".
6. In section 12, paragraph. 1, the text in brackets after "section 14" shall be inserted after the text "section
15 paragraph. 2 and article 16a ".
7. In section 12 at the end of paragraph 3 the following sentence shall be added:
"The participants have the right to comment on the case, which the Court has to be the thing
it, and in the case of paragraph 2 also to the reason for which the thing was
be it. ".
8. In article 14, paragraph 1 reads:
"(1) Judges and lay judges are excluded from the hearing and decision
things, if with regard to their relationship to things, to the participants or to
their representatives, there is reason to doubt their disinterestedness. ".
9. In section 14, paragraph. 2, after the word "who", the words "discussed
or ".
10. In article 14, the following paragraphs 3 and 4 are added:
"(3) for the hearing and decision in annulment actions for are excluded
also the judges who issued the contested decision action or thing
discussed.
(4) the reason for the exclusion of a judge (assessor) are not the circumstances that
lie in the procedure the judge (assessor) in the present case, the
or in its decisions on other matters. "
11. section 15 reads as follows:
"§ 15
(1) as soon as the judge or lay judge is aware of the fact that the
excluded, shall notify the President of the Court without delay. In the meantime, you can control
make only such acts, that kid.
(2) the President of the Court shall designate, in accordance with the schedule of work instead of a judge (assessor)
referred to in paragraph 1, the other judge (assessor), or, if
notice to all members of the Senate, shall refer the case to another Chamber; If this is not
possible, refer the matter to the decision referred to in section 12, paragraph. 1. With respect to the exclusion of the
According to § 14 paragraph. 1 and the President of the Court considers that there is no reason to
doubt about the impartiality of the judge (assessor), refer the matter to the
the Court's decision referred to in section 16. 1. ".
12. under section 15, the following new section 15a and 15b are inserted:
"§ 15a
(1) the participants shall have the right to comment on the persons of the judges and lay judges,
who are under the schedule of the work thing to discuss and decide. About must
to be instructed by the Court.
(2) the participant is obliged to the objection of partiality of the judge (assessor)
to apply, no later than at the first meeting, which was attended by the judge
(assessor), about the exclusion of it; He did not know if in this time of reason
the exclusion or if this was the reason later, objection may apply to the
15 days after being aware of it. An objection may bias later
a participant may apply only if the Court was not advised of his right to
comment on the persons of the judges (lay judges).
(3) in opposition of bias must be in addition to the General requirements (section 42
paragraph. 4), against which the judges (přísedícímu) is going, what is the
considered to be the reason for doubts about his impartiality, or when it
the participant submitting the objection heard and what evidence may be
has been established.
section 15b
(1) the decision on the objection, the Court shall submit the matter of bias, with the observations of the
the concerned judges (lay judges) superior court. In the proceedings can be
Meanwhile, make only such acts, that kid.
(2) the provisions of paragraph 1 shall not apply if the claim was asserted before or
in the course of the negotiations, in which the case was decided, and if the Court considered that the
the objection is not justified.
(3) the provisions of paragraph 1 shall not apply where, if a participant in the
objections of the same circumstances, which were superior court (the other Senate
The Supreme Court has already decided or) if the motion is obviously delayed. ".
13. section 16:
"section 16 of the
(1) whether the judge or lay judge, decides to parent
the Court in the Senate. On the exclusion of the judges of the Supreme Court shall decide a different Senate
the same court.
(2) the Late opposition (§ 15a paragraph 2), the Court referred to in paragraph 1
refuses.
(3) Evidence to demonstrate because of the exclusion of a judge (assessor)
performs the Court referred to in paragraph 1, either itself or through
the requested court. If the evidence does not, there is no need for a decision
pursuant to paragraphs 1 and 2 of the mandate of the negotiations. "
14. under section 16 shall be inserted a new section 16a and 16b:
"§ 16a
(1) If it was decided that the judge (assessor) is excluded,
the President of the Court in accordance with the schedule of work shall designate another judge instead
(assessor), or, if they were excluded, all members of the Senate,
will order another Board thing; If this is not possible, it shall submit the matter to the decision
under section 12, paragraph. 1.
(2) if the decision of the Court of appeal or such extraordinary appeal or on the basis
action in annulment for cancelled, therefore, that in case the excluded
judge (assessor), or if the Board ordered or dovolací the Court to
in the next procedure to discuss the matter and decided another Senate (single judge),
proceed by analogy with paragraph 1.
section 16b
The resolution of the Superior Court pursuant to section 16. 1 and 2 is mandatory for the Court and the
for the participants in the proceedings; the provisions of section 205, paragraph. 2 (a). and, § 221 paragraph). 1
(a). (b)), section, paragraph 229. 1 (a). (e)) and article 242, paragraph. 3 the second sentence that are not
prejudice. ".
15. section 17:
"§ 17
Whether the writer is expelled or other employee of the Court, as well as
an expert or interpreter shall be decided by the President of the Senate; the provisions of § 14 paragraph.
1, § 15, § 15a paragraph. 1 and 3, and article 16, paragraph. 3 shall apply mutatis mutandis. Against his
the resolution is not subject to appeal. ".
16. under section 17 of the new section 17a shall be inserted, as follows:
"§ 17a
(1) the exclusion of the notary of the acts of the Commissioner shall be decided by the Court, that
the notary performing the operations of the judicial Commissioner commissioned; the provisions of § 14 to
16A shall apply mutatis mutandis. His resolution is not allowed an appeal
resource.
(2) notarial legal trainees, notarial candidates or
other employees of a notary shall be decided by the Court, who commissioned notary public
performing acts of the Commissioner; follows, mutatis mutandis, in accordance with section
17. ".
17. In section 18 of the present text becomes paragraph 1 and the following
paragraph (2), including footnotes, no. 54):
"(2) a party whose mother tongue is other than the English language, the Court
appoint an interpreter when the need comes in the proceedings.
The same applies, if the provision of an interpreter, with whom the participant cannot
communicate differently than sign language. ^ 54)
54) Law No. 155/1998 Coll. on sign language and amending other laws. ".
18. section 21 including a footnote No. 55):
"section 21
(1) A legal person is
and its statutory authority); If the statutory authority of the more natural
people, this is a legal person, its Chairman or its Member
who was in charge of, or
(b)), its staff (member), which was a statutory body entrusted
or
(c)) of the branch or the head of another of its organizational
folder, for which the law provides that is recorded in the commercial register,
in the case of matters relating to this race (folder), or
(d)), the Chief may, her under the prokury granted by the act alone.
(2) the provisions of paragraph 1 shall not apply if this or a special
law, that legal person act of another person. ^ 55)
(3) if in the case of a legal person established the receivership, for her
fiduciary, which by law has the status of a statutory
authority, where appropriate, the staff of the legal person by the receiver
commissioned; otherwise, it shall proceed in accordance with paragraphs 1 and 2.
(4) A legal person cannot be the one whose interests are in conflict
interests of legal persons.
(5) every person who is a legal person must demonstrate his permissions.
In the same case for a legal person may be only one person at a time.
for example, § 55) 72, section 131, paragraph. 2, § 131a, section 182 paragraph. 2, section 183, paragraph. 1
and section 199 of the commercial code. ".
19. under article 21, the following new section 21a and 21b are inserted:
"§ 21a
(1) for the State before the Court acts the competent national authority.
(2) the competent national authority shall instruct your staff or employees
another public authority, on behalf of the State.
(3) the provisions of § 21. 4 and 5 shall apply mutatis mutandis.
section 21b
(1) for the municipality and for the higher territorial self-governing unit is the one who is referred to in
a special law shall be entitled to represent them externally, or their
the employee, who was the person in charge.
(2) the provisions of § 21. 4 and 5 shall apply mutatis mutandis. ";"
20. In section 22, the words "citizen" shall be replaced by "natural person,
"and the word" represented "shall be replaced by the word" represented ".
21. In section 23, the words "the Court may decide that the person who" shall be replaced by the words
"the President of the Chamber may decide that the natural person", the word
"represented" shall be replaced by the word "represented" and the word "could"
replaced by the word "could".
22. In section 24 of the present text becomes paragraph 1 and the following
paragraph 2, which including a footnote No. 56):
"(2) in proceedings in which they are discussed classified information
protected by a special law, ^ 56) may represent just the physical participants
persons who are certified to the appropriate classification of these
the facts, issued by a special Act or which have been referred to in
This law briefed (section 40a (1)).
56) Act No. 148/1998 Coll., on the protection of classified information and on the change
certain acts, as amended. ".
23. In section 25, paragraph. 1 the second sentence reads: "Lawyers can only grant a power of Attorney
for the whole of the proceedings (hereinafter referred to as "procedural proxy"). ".
24. In § 25 paragraph 2 is added:
"(2) the Lawyer is entitled to give another lawyer or to represent, with the
except in cases where representation by a lawyer under this Act
mandatory, the Barristers ' Association or its staff as the next
representative. ".
25. In article 25, paragraphs 3 and 4, including a footnote No. 33) shall be deleted.
26. under section 25 shall be added to § 25a, which including the footnote.
57):
"§ 25a
(1) a participant may choose a representative whether or not a notary; the notary can participant
represent the extent of your permissions provided for special
legislation. ^ 57) Notaries can only grant full power.
(2) a notary is entitled to give the other a notary to be represented and, with the exception of
cases in which is a representation of a notary public under this Act, whether or not compulsory
the notary candidate or the Notary Association.
57) section 3 of the Act No. 358/1992 Coll., on notaries public and their activities (notarial
regulations), as amended by Act No. 30/2000 Coll. ".
27. In section 26 paragraph 3 reads:
"(3) If a trade union or the representation of the Office, this is their
on behalf of a represented person referred to in section 21. ".
28. In section 27. 1 the first sentence reads as follows:
"A party may also be represented by any natural person who
has the competence to legal capacity in full. ".
29. section 28 is added:
"section 28
(1) the representatives of that party's choice, shall be granted in writing or orally to the
log full power or full power only for certain tasks.
(2) revocation of power of Attorney, or a representative of a participant in her statement to the
the Court effective as soon as they were notified to the participant or representative; against the
other participants in the proceedings are effective as soon as they have been notified by the Court.
(3) if the party Chooses another representative, also testified
the full power of the previous representatives.
(4) the Signatures on a written power of Attorney, power of attorney on appeal or on its
the dismissal must be officially verified, only if the law or
If so decided the President of the Senate.
(5) where the represented person loses capacity to be party to the proceedings, or
die or disappear if the representative, power of Attorney lapses.
(6) unless the power of Attorney of something else, power of Attorney terminates on the date of the legal
the decision, which ended the proceedings for which it was granted. ".
30. under section 28 shall be added to § 28a is inserted:
"§ 28a
(1) the procedural power of Attorney cannot be limited. Representative, to whom the power of Attorney
granted, it is entitled to all the acts in the proceeding may make
participant.
(2) the proxy for certain acts authorizes to represent only those
the operations, which have been in the power of Attorney expressly listed. ".
31. In section 29. 1 the first sentence reads as follows:
"If he is not represented by a natural person, which, as a party to the proceedings cannot
separately, a court shall appoint the President of her act in the Senate, the guardian
where there is a risk of delay. ".
32. In section 29, paragraph 1, the following paragraph 2 is added:
"(2) a guardian shall appoint the President of the Senate, whether or not a legal person, which
as a party to the proceedings before the Court cannot act because it is not here
the person authorized to act for her or that is disputed, of who is a person
qualified for her Act (section 21), where there is a risk of delay. ".
Paragraph 2 becomes paragraph 3.
33. In section 29. 3, the word "disorder", the words "or from other
health reasons cannot not only for a transitional period to participate in
the proceedings ".
34. In section 29, the following paragraph 4 is added:
"(4) if the Court has not decided otherwise, the guardian appointed under paragraphs 1 to
3 in the proceedings before the Court of first instance, appeal and in
such extraordinary appeal procedure. ".
35. In section 30, paragraph. 1 the words "charges may be, on request
appointed ' shall be replaced by the words "charges (section 138), the President of the Senate shall appoint
at his request. "
36. In section 30 is at the end of paragraph 1, the following sentence shall be added: "that may
This application is the President of the Senate shall participant learning. ".
37. In section 30, paragraph. 2, after the word "participant", the words "or the
on the appointment of a representative for the management, in which the representation is mandatory
lawyer (notary public) ".
38. In section 31, paragraph. 1 the words "full power for the entire proceeding, if not
appointed only for certain acts "shall be replaced by" procedural authorisation ".
39. section 32:
"§ 32
Common provisions
(1) every person who acts in the proceedings as the representative of a party, or
as his representative, must demonstrate their permission first
the Act, which in the case.
(2) the representative of the participant cannot be the one whose interests are in conflict with the
the interests represented.
(3) the duty of the Court to provide the necessary guidance, call participant or
Note also that its representatives will be provided; It
does not apply, if a participant has been granted its representative power of attorney only for certain
acts. ".
40. In section 35, paragraph 1, including the footnotes No ^ 58):
"(1) the public prosecutor's Office may enter into the proceedings in matters
and) determine whether it should be the parents ' consent to the child's adoption;
(b)) the imposition of measures pursuant to § 43 education paragraph. 1 and 2 of the Act on the family,
(c)) and the extension of the constitutional regulation of education, constitutional education
(d) the suspension, restriction or) deprivation of parental responsibility,
e) eligibility to legal capacity,
f) Declaration for the dead,
(g)) voicing the admissibility of takeover or kept in the Institute of medical
care,
(h)) amortisation of
I) business register, register of charitable companies and
of the register,
j) certain questions of commercial companies, cooperatives and other
legal persons (section 200e).
The permission of the public prosecutor, as appropriate, the Supreme State
representative to submit a proposal for the opening of the proceedings referred to in specific provisions ^ 58)
This does not affect.
for example, § 58) 21 and 29 of Act No. 2/1991 Coll., on collective
negotiation, § 62 and 62a of the Act No. 94/1963 Coll., on the family, in the text of the
Act No. 91/1998 Coll. ".
41. In article 35, paragraph 3 reads:
"(3) in the cases referred to in paragraph 1 (b). (b) to (d))) may state
the Prosecutor's Office to file a public interest in the proceedings,
If it has not been initiated under section 81, paragraph. 1 and 2, or on a proposal from another
petitioner. ".
42. section 36 including title:
"The acts of the Court
section 36
(1) in proceedings before the Court and decided upon by the Board or a single judge
(single judge). All members of the Senate are equal in decision-making.
(2) Schedule of work Specifies that the Senate or that a single judge
(single judge) will discuss and decide the matter. ".
43. In § 36a, paragraph. 3, the words "with the exception of the cases referred to in section 36b
paragraph. 1 "shall be deleted.
44. section 36b to 36 are added:
"section 36b
The high courts act and decide in chambers.
section 36 c
The Supreme Court and decided upon by a panel of judges.
section 36 d
(1) unless otherwise provided by law, the President of the Chamber may, in the cases
pertaining to the Senate to perform only such acts, which are not selected
in the case.
(2) in cases when according to the law and shall be decided by a single judge,
How to determine his rights and obligations of the President of the Senate, as well as the rights,
which are otherwise reserved only to the Senate. ".
45. In section 37, paragraph 1 reads:
"(1) the Senate shall decide, after consultation; In addition to the members of the Senate and the rapporteur shall not
be no other meeting present. ".
46. In paragraph 37. 2 third sentence is added:
"Judges and lay judges voting before the younger judges (judges) before
earlier, President of the Chamber shall vote last. ".
47. In section 38, paragraph. 2, after the word "decision" shall be replaced by a comma and dot
at the end of the text of the paragraph the following words: "unless it is a resolution,
governing the management of the proceedings. ".
48. In paragraph 38. 3 the words "notary public in accordance with paragraph 1" shall be replaced by the words
"the notary, as judicial Commissioner".
49. In section 39 at the end of paragraph 1, the following sentence:
"The requested court is the District Court.".
50. In § 39, paragraph. 3 the semicolon shall be replaced by a period and the remaining part of the sentence
a semicolon is hereby repealed.
51. In section 40 paragraph. 1 the second sentence with the conjunction "and" after the word "přednesů"
be replaced by a comma, the words "the lessons provided by the
the participants, "and after the word" decision "shall be inserted after the words" and the expression of
participants on whether to waive appeals against the announced
the decision ".
52. In section 40 paragraph. 2 the first and second sentences are added:
"The Protocol is signed by the President of the Chamber, and writer; If the President of the
Senate sign, sign it for him, another Member of the Senate or
another judge, which determine the President of the Court. If the closed settlement agreement
about the education and nutrition of the minor child, intercourse with a minor
the child, the agreement on the settlement of the heritage, the agreement on the grant, předluženého
heritage to cover the debt, or if the entitlement (section 153a (1)),
sign the Protocol also participants, parents, participants, agreement on
intercourse with a minor child, the participants of the agreements in succession or
the defendant; If they cannot read and write, or for other reasons, the Protocol
sign, the President of the Chamber to the log in addition to reason, too, that the Act
corresponds to their will, and the record shall be signed by. ".
53. under section 40 shall be inserted a new section 40a, which reads as follows:
"§ 40a
(1) in proceedings in which they are discussed classified information
protected by a special law, ^ 56) is the President of the Senate shall lay judges,
participants, of the person authorized to act for them (§ 21-21b), representative
participants, experts, interpreters, the persons referred to in section 116, paragraph. 3 and more
persons who by law must participate in the proceedings in advance by learning
This special Act and of the criminal consequences of violation of secrecy
classified information. Made the lesson shall be stated in the Protocol must entail.
The signing of the Protocol, the informed person become persons designated in the range
the need to become familiar with the classified information.
(2) Instruction referred to in paragraph 1 need not be performed on those who
show the certificate to the appropriate level of classified information
issued by a special Act. ^ 56)
(3) on the instruction referred to in paragraph 1, the President of the Senate shall, within 30 days
notify in writing to the national security authority. ".
54. under section 41, the following new section 41a and 41b shall be added:
"section 41a
(1) unless otherwise provided by law, a participant may make the Act only explicitly.
(2) the action of a party who is bound to compliance with the conditions
be taken into account.
(3) an action may be dismissed only if its appeal is to the Court
at the same time with this latest act.
section 41b
Until it was closed by a settlement agreement for the education and nutrition of the minor
the child, intercourse with a minor child, the agreement on the settlement of
heritage, the agreement for the grant, of the předluženého heritage for payment of debts or
the recognition of the claim (section 153a (1)), which occurred in the Protocol, signed by the
also, participants in the settlement, parents, participants, agreement on contact with minor
child participants of the agreements in succession or defendants, the Court to these
capacity shall be disregarded. ".
55. In section 42, paragraph. 1 the first sentence, the words "of the Protocol, or by telegram"
replaced by the words "of the Protocol, by telegram or by fax".
56. In § 42 paragraph. 1 the second sentence, the word "fatherhood," shall be replaced by the words
"parenting, to determine whether it should be the parents ' consent of the child to his
adoption ".
57. In § 42 paragraph. 3 the first sentence, after the word "original" dot is replaced by
the comma at the end of the text of the sentence the following words: ", where appropriate, the written
the filing of the same text. ".
58. In § 42 paragraph. 3 third sentence is added:
"If the President of the Senate, the Party shall be obliged to submit to the Court
the original (written submissions of the same text) and other submissions made by the
by written telecommunication. ".
59. In § 42 paragraph. 4, after the first sentence, the following sentence is added:
"If the party Is represented by a lawyer, the lawyer's signature can be replaced by
the imprint of the stamp of the signing, the model was saved at the Court, which is
the submission addressed. ".
60. section 43 reads as follows:
"§ 43
(1) the President of the Senate resolution will invite the party to be repaired or
accompanied by the filing, which does not contain all the prescribed requirements or
that is incomprehensible or vague. To correct or supplement the submission
Specifies the time limit and the participant will learn how to repair or replenish
perform.
(2) if it is not through the challenge of the submission of the duly repaired or
and in the control cannot be added to this lack of continue, the Court
resolution filing, initiating proceedings, refuses. To the other
the filing of the Court shall, unless duly corrected or supplemented. About
These consequences must be instructed. ".
61. In paragraph 2 of section 44 reads as follows:
"(2) to anyone who has a legal interest or has a serious
the reasons, at the request of the President of the Senate allows peered into the file and to
He made the statements or copies of the file, unless it is a legal
legislation provides that its contents must remain secret. ".
62. In section 44, the following paragraph 3 is added:
"(3) when allowing access to the files it is necessary to take such measures,
in order to maintain the secrecy of classified information protected by special
law. ^ 56) ".
63. section 45 including the title:
"Service
section 45
Document served by bailiff, the Court or the judicial authorities
the guards, through the postal licence holder (hereinafter "post")
or the competent police authority and, in the cases provided for in
Special provisions and through the Ministry of Justice. ".
64. Section 45 shall be added to § 45a is added:
"§ 45a
Into your own hands with the addressee, where the law so provides, and
other documents, if the President of the Senate. ".
65. § 46 and 47, including footnote No. 59):
"§ 46
The service of natural persons
(1) a natural person can be served in the apartment, at the place of business, the
the workplace or anywhere it will be found.
(2) if the addressee has not been reached, although it is at the point of delivery,
delivers to other adult person living in the same apartment or in the same building,
operating in the same place of business or employed in the same work,
If willing to procure the surrender of the document. If this is not possible, nor as follows
delivered, the document is saved and the addressee is the appropriate way to ask
the document is picked up. Collect the consignment to the addressee within three days from the
Save, the last day of the period for the day of service, even if the
the addressee of the deposit.
(3) where pursuant to paragraph 2 of the document delivered to the participant that has the
things of interest, delivery is opposed ineffective.
(4) if the addressee of the document Was to be delivered by
the hands, having been reached, although in the place of delivery, the document is saved
and the addressee is the appropriate way to ask the document.
If the addressee collects the shipment within 10 days, the
the last day of the period for the day of service, even if the addressee of the deposit
knew.
(5) if it is not found to the contrary, it shall be deemed that the addressee at the place of delivery
1828.
(6) the document is saved
and) at the District Court in whose area is the place of delivery, or in court,
which has its registered office at the place of delivery, if it delivers the Court
process or the authority of the judicial guard,
(b)), the mail is delivered through the mail if.
section 47
The service of legal persons
(1) legal persons is the document served on the address of their head office. ^ 59)
If the legal person so requests, she delivers the document to the
the address, which the Court said.
(2) A legal person shall be entitled to the document, including the document
delivered into their own hands, to take over the institutions and persons referred to in section 21
or its employees (members), who were commissioned to receive
the document.
(3) If, at the address referred to in paragraph 1 in the event that no one who was
authorized to accept, although the legal person at the place of
the service resides, the document is saved, and a legal person with the appropriate
in a way, that the document's prompts you to pick up. If you collect the consignment
one who is authorized to accept, within three days, or, in the case of
the document, which is to be delivered by hand, within ten days from the
Save, the last day of the period for the day of service, even if the
the addressee of the deposit.
(4) If a document is delivered to the address referred to in paragraph 1
Therefore, the legal person is not present at the place of delivery and the other its
the address is not known, the document addressed to the Court of the legal person,
delivers a natural person that is the Court according to the content of the file is known to
authorized to act for her before the Court (art. 21); When this service is
proceed similarly under section 46. If the document was not delivered or
in this way, and if the document fails to deliver legal
person or the next time you try to deliver to the address of its registered office referred to
in the commercial or other register and the other address is not known to the Court,
the date of return of undelivered consignment Court for the day of service, and
When the addressee knew about him.
(5) the provisions of § 46 paragraph. 5 and 6 shall apply mutatis mutandis.
59) § 2 (2). 3 of the commercial code. ".
66. Section 47a is hereby repealed.
67. section 48 reads:
"§ 48
The service of public authorities
(1) the document is delivered to the designated national authorities to address their
of the registered office. If the State so requests, the authority delivers the document to him
the address, which he told the Court.
(2) A public body shall be entitled to the document, including the document
delivered into their own hands, assume the person referred to in section 21a, paragraph. 2
or his staff, who were commissioned to receive documents. If it is not
of them, a document with him who is entitled to State authority
Act. ".
68. under section 48, the following new section 48a up to 48 d, including notes below
line no. 60) and 61):
"§ 48a
Delivery State
(1) the document addressed to the State, the competent authority delivers the
the address of its registered office. If the State so requests, the authority delivers to him
the document to the address that he told the Court.
(2) the provisions of § 48, paragraph. 2 shall apply mutatis mutandis.
§ 48b
The service of lawyers
(1) the Solicitors is the document served on the address of their head office. ^ 60)
If the lawyer requests it, delivers to him the document to the address
They told the Court.
(2) the document of lawyers, including documents delivered to
your own hands, can take also articled clerks or others
his staff. If the legal profession together with other lawyers,
may be served, including documents delivered to your own hands,
the letter also to these lawyers, law koncipientům, or
another of their employees. If a lawyer performs legal profession as
the companion public companies can document
lawyers, including documents delivered into their own hands, take
also the other partners of the company, associates or
others of its employees.
(3) If, at the address referred to in paragraph 1 in the event that the Attorney or other
the person that could accept the document, the document is saved, and lawyer
ask in an appropriate fashion in order to get the document. Pick up the message to
a lawyer or other person entitled to three days of shipment or, in the case of
the document, which is to be delivered by hand, within ten days from the
Save, the last day of the period for the day of service, even if the
the addressee of the deposit.
(4) the provisions of § 46 paragraph. 6 shall apply mutatis mutandis.
section 48 c
The service of notaries
(1) Notaries is the document served on their office address. ^ 61)
If the notary public on request, delivers to him the document to the address that
He told the Court.
(2) the document, including the document delivered to a notary to custom
the hands, can also accept notářští Associates, notářští candidates
or other of its employees. If the notary carries out the activity of a notary, together with
other notaries may be a document, including the document delivered to
your own hands, the letter also these notaries, notary
koncipientům, their notary candidates or their other
employees.
(3) the provisions of § 46 paragraph. 6 and § 48b paragraph. 3 shall apply mutatis mutandis.
(4) delivery of a document by representatives of the notary or notary náhradníkovi
shall, mutatis mutandis, in accordance with paragraphs 1 to 3.
§ 48 d
The service of municipalities and higher territorial entities
(1) the document addressed to municipalities and higher territorial entities with
delivers the address of their authorities. If they request it,
delivers them to the address of the document, which indicated to the Court.
(2) for the village and higher territorial self-governing unit are entitled to the writ,
including documents delivered into their own hands, take the persons referred
in section 21b, or their staff, who were commissioned to receive
the document.
60) section 13 of Act No. 85/1996 Coll., on the legal profession.
section 13, paragraph 61). 1 of law No 358/1992 Coll., as amended by Act No. 30/2000
SB. ".
69. In § 49 paragraph. 1 the first sentence, the words "Attorney for the entire proceedings"
replaced by the words "full power".
70. In § 49 paragraph. 2 the dot at the end of the first sentence shall be replaced by a semicolon and
at the end of the text of the sentence the following words: ' this does not apply, if it is to be
effected abroad. ".
71. In § 49 paragraph. 3 the words "only set up opatrovníku" shall be replaced by
the words "the other participants in the proceedings and set up opatrovníku and display
on the notice board of the Court ".
72. In section 50, the words "Denies the addressee", the words ", where appropriate,
the person authorized to accept for him, "and after the words" shall be
the addressee "shall be inserted after the words" (person) ".
73. Section 50a for the word "journal" is a reference to footnote
No. 62) and the words "(article 769 of the commercial code)" shall be deleted.
Footnote No. 62):
"62) § 769 of the commercial code.".
74. the following section shall be added to § 50a 50b, which reads as follows:
"section 50b
If the law stipulates that the decision is to be posted on the official notice board
the Court, on the fifteenth day after the airing of the decision was delivered to the
the participants, who are not known to the Court, or whose stay is not known. ".
75. In section 51, the word "negotiations", the words "or by another act
the Court ".
76. In section 52 is at the end of paragraph 1, the following sentence shall be added:
"The demonstration of the resolution decides that předvolanému delivers in
hits. ".
77. In section 52, paragraph. 2 the second sentence, the word "Chief" shall be replaced by the words
"the Commander of the competent institution, where appropriate".
78. In section 52 is at the end of paragraph 3 the following sentence shall be added: "the resolution about
President of the Chamber shall decide, on a proposal from the guy who hits it. ".
79. In § 56 paragraph. 1, after the word "Court", the words "or in which the
It was decided that must be represented by their legal representative (§ 23). "
80. In the second sentence of section 67 reads:
"If the factually competent court was able to carry out the justice
the management and approval of settlement and any District Court. ".
81. In section 68, paragraph 1 reads:
"(1) the conciliation proceedings in matters in which it is carried out and the Senate decides,
the President of the Senate. ".
82. In section 68, paragraph 2 shall be deleted.
The former paragraph 3 shall become paragraph 2.
83. In paragraph 75. 1 the first sentence, the word "Court" shall be replaced by the words "the President of the
the Senate ".
84. In section 75, paragraph. 2 the word "Court" shall be replaced by the words "the President of the Senate" and
the second sentence is deleted.
85. Article 75, paragraph 4 reads:
"(4) on the proposal for a provisional measure under article 76a shall be decided
without delay, and no later than 24 hours after it was filed. On the proposal of the
other precautionary measures must be taken without delay, and no later than
7 days after it was filed, unless the law of different period. ".
86. In section 75, the following paragraph 5 is added:
"(5) For interim measures is a critical condition at the time of its publication in the
(the release of) the resolution of the Court of first instance. ".
87. under section 75 shall be added to § 75a, as follows:
"§ 75a
(1) the application for interim measures, which does not contain all the elements
or is incomprehensible or vague, Chairman of the Senate refuses,
If these shortcomings cannot continue in the proceedings; the provisions of § 43
shall not apply.
(2) the provisions of paragraph 1 shall not apply if the application for interim measures
under section 76a. ".
88. In section 76, paragraph. 1, the words "Court of a receiving participant" shall be replaced by the words
"to be a participant, saved".
89. In section 76, paragraph. 3 the first sentence reads: "the President of the Senate in the regulation
the preliminary measures to the claimant within the time limit, which determines
filed in court proceedings; This shall not apply where proceedings
in the matter of the initiated even without a draft. ".
90. In § 78 at the end of paragraph 3 the following sentence shall be added:
"If there is a danger here of late, have participants in the substance of the right to be
present at the securing of evidence. ".
91. the following section is inserted after section 78 78a:
"§ 78a
Evidence can be provided also for the appellant notary registration of the storyline or the
the State of things, if the facts of the story was in the presence of a notary or
If a notary certify the State of things. ".
92. In § 79 paragraph. 1 the second sentence, the word "occupation" shall be replaced by
"last name" and in brackets after the word "persons" shall be inserted after the words
"the designation of the State and the relevant State authority, which in the State before the
the Court acts ".
93. In § 79 paragraph. 1 third sentence, the words ", where appropriate, additional information needed
to its identification and indication of whether one of the parties is entered in the
commercial register "shall be replaced by the words" physical identification number
a person who is an entrepreneur, or other information needed to
the identification of the parties to the proceedings ".
94. In § 79 paragraph. 2, the word "Applicant" shall be replaced by the words "the applicant
(petitioner) ".
95. In § 79 paragraph 3 reads:
"(3) the Complaint (petition) the Court shall deliver to the other parties
into their own hands. The plaintiff (appellant) may apprise the defendant
(the other parties) with the content of the proposal, in addition to a copy of the
Action (proposal) mentioning the Court sent him another copy. ".
96. In section 80, the words "proposal for initiation of the procedure" shall be replaced by the words
"Action (proposal for initiation of proceedings)".
97. In section 81, paragraph. 1, after the word "heritage" shall be inserted after the words "control
about how to determine whether the marriage or not ".
98. In section 82, paragraph. 2 the words "Arbitration Commission" shall be replaced by "other
"and the word" also "was deleted.
99. In section 84 is the word "(the respondent)" is replaced by "(the defendant's)".
100. section 85 and 85a:
"§ 85
(1) unless otherwise provided by law, is the ordinary court of a natural person, the County
the Court, in whose district he resides and has a residence, the District Court in
whose circumference is staying. If a natural person resident in more places,
the ordinary court of all district courts in which he lives
with the intention of residing there permanently.
(2) the ordinary court of a natural person who is an entrepreneur, is in matters of
arising from the business relationship, the District Court in whose district has a place
business; ^ 59) does not have a place of business, its General Court
in accordance with paragraph 1.
(3) the General Court of the legal person is the District Court in whose district has
seat. ^ 59)
(4) the General State of the Court is the District Court in whose district the there was
the fact that bases entitlement.
(5) the General Court is the District Court in whose district has its own territory.
(6) the General Court of higher territorial self-governing unit is the District Court
have their registered office in whose district the authorities.
§ 85a
If the proceedings in the first instance by the District Court and respect local
jurisdiction is governed by the General Court participant, is the locally competent
the District Court in whose district the General Court of the party. "
101. Article 86 paragraph 1 reads:
"(1) if the defendant is a citizen of the Czech Republic, does not have a General
the Court or the General Court in the Czech Republic, is the competent court in the
the area was in the Czech Republic the last known place of residence. "
102. In section 86, paragraph 3 reads:
"(3) against the foreign person can institute proceedings (proceedings)
even with the Court in whose area it is located in the Czech Republic of its undertaking, or
organizational component of its business. ".
103. In section 87, the word "respondent" shall be replaced by the words "of the defendant, or
In addition to the Court referred to in § 85a. "
104. In section 87 (b). and the word "respondent)" shall be replaced by the word "defendant".
105. In section 87 (b). (c)), for the word "the", the words "company
natural or "and the word" respondent "shall be replaced by the word" defendant ".
106. In section 87 (b). e), the words "a bill or cheque" is replaced by
"the Bill of Exchange, cheque or other security".
107. In section 88, the words "the Court of the respondent" shall be replaced by "the Court, where appropriate,
instead of a court referred to in § 85a. "
108. In section 88 (a). and the word "respondent)" shall be replaced by the word "defendant" and
the word "applicant" shall be replaced by the word "plaintiff".
109. In section 88 (a). (b)), the words "the marital joint ownership"
replaced by the words "common property".
110. In section 88 (a). (c)), after the words "minor,", the words "to determine,
If you need the consent of the parents of the child to adoption ".
111. In section 88 (a). (d)), the word "citizen" shall be replaced by the words "natural person",
the word "his" shall be replaced by the word "its", and the words "the citizen"
replaced by the words "natural person".
112. In section 88 (g)) be deleted.
Subparagraph (h)) to (n)) shall become letters (g)) and m).
113. In section 88 (a). ch) for the word "amount" shall be inserted after the word
"the group".
114. In section 88 (a). I), after the words "developed,", the words "unless it is
on the settlement of the joint property or other assets of the spouses ".
115. In section 88 (a). (j)), the word "respondent" shall be replaced by the word "defendant".
116. In section 88 (a). m), the words "domestic Monetary Institute" shall be replaced by
the words "local bank" and the words "this financial institution" are replaced by the
the words "the Bank".
117. In section 88 is a dot at the end of the letters m) shall be replaced by a semicolon and
the following point (n)), which read:
"n) for which proceedings are pending, in the case of an action according to § 91a.".
118. Under section 89, the word "respondent" shall be replaced by the word "defendant".
119. In section 89a, the second sentence shall be deleted and in the third sentence, the words "the proposal on the
the opening of proceedings "shall be replaced by the words" the claim (application to start proceedings) ".
120. section 90 including the title:
"Participants
§ 90
The parties are the applicant and the defendant. ".
121. In section 91, paragraph. 1, the words "to the plaintiffs or the naysayers" are replaced by
the words "claimants or defendants."
122. In section 91, paragraph. 2, after the word "back" shall be inserted after the words "to the recognition of
the claim ".
123. under section 91, the following new section 91a, which reads as follows:
"§ 91a
Who shall be entitled to wholly or partly on the thing or right which
proceedings are pending between other parties may, until the end of the final
this proceeding to take legal action against these participants. ".
124. In paragraph 92. 1 the first sentence, the word "participant" is replaced by
"plaintiff" and in the second sentence, the word "applicant" shall be replaced by
"plaintiff".
125. In paragraph 92. 2 the first sentence reads as follows:
"On a proposal from the Prosecutor, the Court may, with the consent of the defendant to admit to
plaintiff or defendant of management ascended to his place and entered
anyone else. ". In the second sentence, the word "applicant" shall be replaced by
"plaintiff".
126. In section 92, the following paragraph 3 is added:
"(3) the provisions of paragraphs 1 and 2 shall not apply in the cases referred to in §
107a. ".
127. In paragraph 93. 1, the words "of the petitioner or of the respondent" shall be replaced by
the words "plaintiff or defendant".
128. In § 94 paragraph. 1 the first sentence, the words "i" shall be replaced by
"the complainant and those" and the second in the sentence, after the word "marriage" is inserted
the words "or to determine whether the marriage is or is not".
129. In section 94, paragraph 1, the following paragraph 2 is added:
"(2) the parties to the proceedings are also the plaintiff and those which the law
the participants indicates. ".
Paragraph 2 becomes paragraph 3.
130. Under section 94, the following paragraph 4 is added:
"(4) if the management of participating in one of whose rights or obligations
in the proceedings, the Court is not the resolution of its participation in the proceeding shall be terminated. "
131. In § 95 paragraph. 1, the word "Applicant" shall be replaced by the words "the applicant
(petitioner) ".
132. section 96:
"§ 96
(1) the plaintiff (appellant) may take the control back to the proposal for its
the launch, in part or completely.
(2) if the motion Is withdrawn, the Court completely, or in the range of
the withdrawal of the proposal, it stops. If the proceedings taken back to
After that, the Court has already ruled on the matter, but the decision is not yet in the legal
power, the Court decides on the extent of the withdrawal proposal also on the abolition
decision.
(3) if the other participants by withdrawing the application for serious reasons
disagree, the Court decides that the withdrawal of the proposal is not effective. If it has not been
not yet decided on the matter, the Court may order
the proceedings.
(4) the provisions of paragraph 3 shall not apply if there is a withdrawal of the proposal before the
before the negotiations began, or in the case of withdrawal of the application for divorce,
nullity of marriage, or to determine whether the marriage or not.
(5) if proceedings taken back up after the decision to
things have already acquired the authority, the Court decides that the withdrawal of the proposal is not
effective. ".
133. In § 97 paragraph. 1 the word "Respondent" shall be replaced by the word "Defendant" and
the word "applicant" shall be replaced by the word "plaintiff".
134. In section 98, the word "respondent" shall be replaced by the word "defendant", the word
"applicant" shall be replaced by the word "plaintiff" and the word "projector"
replaced by the word "plaintiff".
135. In paragraph 100. 1 the second sentence, the words "and to control worked
the structure of ' shall be deleted.
136. In section 100, the following paragraph 3 is added:
"(3) in proceedings to which the minor is a child who is able to
to articulate their views, the Court shall proceed, so that his mind was detected
in the case. Opinion of the minor child, the Court finds, either through its
representative or the competent authority for social and legal protection of children, or
the interrogation of a child; the questioning can be done even without the presence of parents or
other persons responsible for the upbringing of the child. To the opinion of the child, the Court
taken into account with regard to his age and intellectual maturity ".
137. In § 101 paragraph 1 and 2 shall be added:
"(1) in order to achieve the purpose of the procedure, participants are required to
in particular, the
and all for a decision) to assert things relevant facts;
If there are any necessary claim (claim for
control) or a written representation to it, is in the course of the proceedings,
(b) to fulfil the obligation of proof) (§ 120 paragraph 1) and other procedural obligations
assigned to them by law or by the Court,
(c) the instructions of the Court).
(2) unless otherwise provided by law, the Court continues proceedings, even if they are
inactive participants. ".
138. In § 101 paragraph 2, the following paragraph 3 is added:
"(3) Fails to properly listen to talks and in time participant
asked from the important reason for adjournment, the Court may, to discuss the matter and
to decide, in the absence of such a participant; based on the content of the
the file and from the evidence made. ".
The former paragraph 3 shall become paragraph 4.
139. § 102:
"§ 102
(1) If, after the initiation of the procedure should be provisionally adjust the proportions of participants
or if it is after the initiation of the fear that execution of the decision in the proceedings
then the issued could be in jeopardy, the Court may order the provisional
the measures.
(2) after the initiation of the proceeding, the Court may, even without the design to ensure the evidence, if
the fear that it will not be possible at all, or only with great
the difficulties.
(3) in matters pertaining to the Senate shall prescribe interim measures or
ensure that proof of the Senate; President of the Chamber may do so only if there
the danger of delay. The provisions of section 75, paragraph. 1, 3, 4 and 5, § 75a, 76, section
paragraph 77. 1 (a). b), c) and (d)), section 77, paragraph. 2 and 3 and section 78, paragraph. 3 apply here
Similarly,. ".
140. In section 103, the words "to act in the matter" shall be replaced by "to decide in
merits of the case ".
141. In paragraph 104. 1 the words "proposal for initiation of the procedure" shall be replaced by
the words "the claim (application to start proceedings)".
142. In paragraph 104. 2 the second sentence, the words "to issue a decision establishing the
tender "shall be replaced by" to decide on the merits of the case ".
143. Section 104a:
"section 104a
(1) jurisdiction over the Court examine the management at any time.
(2) If a district or regional court considered that it was not factually competent,
refer the matter with news of his superior, the High Court
If, in his opinion, the matter is within the material jurisdiction of the district,
provincial or superior courts, or courts set up to discuss
and deciding things of a certain kind, or the Supreme Court, if the case
in his opinion, belong to the material jurisdiction of the Supreme Court.
The participants in proceedings have the right to that process and the Court stated
reasons to express. The Superior Court (the Supreme Court) then decides that the courts
they are to discuss the matter and a decision in the first instance, if it is not
itself factually relevant.
(3) if the proceedings in the High Court and if that is not
factually, the Supreme Court decides that the courts are to discuss and
the decision of the matter in the first instance. This does not apply, if the
the High Court concluded that the thing belongs to the material jurisdiction of the Supreme
the Court; in this case, the thing shall submit with the report about Highest
of the Court. The participants in proceedings have the right to question the substantive jurisdiction of the
Express.
(4) if the proceedings in the Supreme Court, or if the thing
The Supreme Court referred to the High Court, the Supreme Court decides,
that the courts are for discussion and decision in the first case, the competent
the degree, if it is not itself factually relevant.
(5) Similarly, in accordance with paragraphs 2 to 4 shall be treated, says a lack of
substantive jurisdiction of the court party.
(6) in the resolution by which it was decided that the discussion and the decision of the case
are competent in the first instance, the courts, other than in respect of which the proceedings have been
initiated, also indicating the Court, which will be referred to the next thing
the proceedings; the provisions of section 105 shall remain unaffected.
(7) the resolution of the Supreme or High Court of jurisdiction are
the participants in the proceedings and courts bound. ".
144. In section 105, paragraph. 1, first sentence, the following sentence is added:
"If the Court Ruled on the merits of the case without hearing, examines the local jurisdiction only
before the release of the decision; This does not apply if the payment. ". On
the end of paragraph 1, the following sentence shall be added: "in examining local
nationality is not taken into account and to operations carried out before the substantive
celebrated before an incompetent by the Court and to the decision issued by the factually celebrated before an incompetent
Court. ".
145. In section 105, the following paragraph 4 is added:
"(4) If a party to proceedings has lapsed in a timely and reasonably the lack of local
jurisdiction, the Court shall proceed mutatis mutandis in accordance with paragraphs 2 and 3; otherwise,
the resolution rejects the objection. ".
146. In paragraph 106. 1 the word "respondent" shall be replaced by the word "defendant".
147. section 107 including the title:
"Obstacles to the process control
§ 107
(1) If a participant loses after the initiation of capacity to be
party to the proceedings before the procedure was been completed, examine the
the Court depending on the nature of things, whether in proceedings may continue. If this is not possible in the
the proceedings continue, the court proceedings. About who will be in
the proceedings continued, the Court shall decide by resolution.
(2) lose eligibility to participate in the management of a natural person and
If the nature of the case continue in the proceedings, are procedural,
unless the law otherwise, her heirs, or to those of them, who according to the
the result of the inheritance was taken over by the right or obligation to which the proceedings
It is.
(3) lose eligibility to participate in the management of the legal person and
If the nature of the case continue in the proceedings, are the procedural
the successor, unless the law otherwise, those who, after the demise of the legal
the person entered into its rights and obligations, where appropriate, those who
disappearance of a legal person took over the rights and obligations of the management.
(4) the person who plays in the management of the place of the incumbent party,
It must accept the status of control, what is here at the time of his taking control.
(5) where the nature of the case to continue proceedings, court proceedings.
Court stops proceedings in particular, if the husband dies before the final
end of proceedings for divorce, nullity of marriage or for determining whether
the marriage or not, if the law does not allow it to be in control
continued; If it was already on the case, the Court decided, at the same time this
cancel the decision. ".
148. Section 107 shall be added to section 107a is added:
"section 107a
(1) if the applicant considered that, after the start of the proceedings there was a legal
the fact that legislation linking the transfer or gradient right
or obligations of a party to proceedings, the proceedings of which it may, before
the Court shall decide on the matter, to propose that the licensee rights or obligations
He joined the management of the place of the earlier participant; This does not apply in
the cases referred to in § 107.
(2) the Court of the draft resolution, if it is established that after the start of
the management there was a legal fact referred to in paragraph 1, and if the
agree the one who has to enter the place of the applicant; the consent of the defendant or
Whoever has come in his place, shall not be required. The legal effects of
associated with filing remain preserved.
(3) the provisions of § 107, paragraph. 4 shall apply mutatis mutandis. ";"
149. In § 109 paragraph. 1 (a). and), the words "Attorney for the entire proceedings"
replaced by the words "full power".
150. In § 109 paragraph. 1 (a). (b)) the word the first sentence to "solve" the dot
be replaced by a semicolon and the second and third sentence shall be deleted.
151. In § 109 paragraph. 1, the following point (c)), which read:
"(c)) concluded that the law, which has to be at the hearing, or
deciding things used or its individual provisions is contrary
with constitutional law or international treaty, which has precedence over the
by law, 33a) and handed the case to the Constitutional Court for annulment of the proposal
the law or its individual provisions.
152. In section 110 is the word "negotiations", the words "or if it
at least one of the parties will propose and the other fails to appear without previous
apologies to the negotiations ".
153. under section 113 shall be added to § 113a is inserted:
"§ 113a
With the management about how to determine the invalidity of the resolution of the general meeting, the business
company or member meeting of the cooperative that is associated to the proceedings for compensation
the damage from this an invalid resolution. ".
154. section 114, including title and footnote No. 63):
"The preparation of negotiations,
section 114
(1) following the initiation of the procedure the President of the Senate in particular examine whether they are
the conditions of management and whether they have been removed any defects in the application
(application to start proceedings).
(2) if the Court Stops the proceedings because there's such a lack of conditions
the proceedings, which cannot be deleted (article 104 (1)), or that the lack of
Unable to delete the control conditions (section 104 (2)), or
other grounds provided for by law, ^ 63), or if he refuses the proposal (section 43
paragraph. 2), is the management of the completed.
for example, 63) section 9 of the Act No. 549/1991 Coll. on court fees in
the text of Act No. 271/1992 Coll. ".
155. under section 114, the following new section 114a, 114b, and added:
"§ 114a
(1) if it has not been decided, pursuant to section 114, paragraph. 2, the President of the Senate
so, in order to decide the matter generally when a single
the negotiations.
(2) for this purpose, the President of the Senate
and the defendant's, or other) participants who have not submitted a proposal to
opening of the proceedings, invite to comment in writing on the matter and that the Court of
submit the documentary evidence, which, they allege, unless such
the procedure appears to be having regard to the nature of the things unsound practices;
(b)) is usually a preliminary attempt to an amicable settlement of the case;
(c)) shall ensure that it has been possible to perform the requisite evidence at the hearing, and
If appropriate, it may make the evidence through the requested
the Court;
(d)), the other appropriate measures.
Section 114b
(1) if required by the nature of the case or the circumstances of the case, the Chairman may
the Senate, with the exception of things, which cannot be closed and approve the conciliation (section 99
paragraph. 1 and 2), and things referred to in § 118b, and § 120 paragraph. 2, place challenges
under section 114a of paragraph 1. 2 (a). and), or if no such challenge properly and in a timely manner
granted, the defendant, in order to save the resolution in the matter in writing
and that in the event that the claim put forward in the application to completely fail in the expression
portrayed the crucial fact, which builds its defence and to
Expressions joined by documentary evidence, relied on, where appropriate,
called evidence to prove their claim. To submit observations to determine
a time limit which shall be not less than 30 days from the delivery of the resolution.
(2) the resolution referred to in paragraph 1 may be issued, even if the Court ruled on the
payment order of things. The deadline for the submission of observations in this case, the Court
to determine the date of the statement of opposition.
(3) the resolution referred to in paragraph 1 may not be issued or delivered after the first
the hearing in the case.
(4) the resolution referred to in paragraphs 1 and 2 shall be served on the defendant to
your own hands, substitute service is excluded. The resolution may not be
the defendant delivered before the action.
(5) if the defendant without a serious reason to challenge a court according to the
paragraph 1 does not respond in a timely manner and within the prescribed period or the Court do not communicate, what
serious reason prevents him, it is considered that the claim that it is against him
action, should be recognized; about this effect (section 153a (3)) must be
advised. ".
156. In paragraph 115. 2 the word ' five ' is replaced by the words "ten days and in
the matters referred to in § 118b, at least thirty ".
157. under section 115 section 115a shall be inserted, as follows:
"section 115a
To discuss the merits of the case is not to be directing the negotiations, if in the case
You can decide on the basis of the documentary evidence submitted by the participants
and the rights of participants participation in the consideration of the case, where appropriate, with
by decision of the case without hearing agrees; This does not apply in cases
referred to in § 120 paragraph. 2. ".
158. Article 116 paragraph 2 is added:
"(2) the public may be for all or part of the meeting excluded
If only the public hearing of the case would jeopardize the secrecy of classified
the facts protected by a special law, 56), trade secrets,
an important concern of the participants or the morality. ".
159. Article 116, paragraph 2, the following paragraph 3 is added:
"(3) If the public was excluded, the Court may allow individual
natural persons, that were at the hearing or part of the present;
at the same time is to instruct, they are required to maintain the confidentiality of all
at the hearing on classified facts, business secrets or
the interests of the participants Act. ".
The former paragraph 3 shall become paragraph 4.
160. In paragraph 116. 4, the word "citizens" shall be replaced by the words "natural
persons ".
161. section 117 and 118 are added:
"§ 117
(1) the President of the Senate launches, manages and ends the negotiations, gives and takes away
the word, the taking of evidence shall be performed by appropriate measures to ensure that
the purpose of the negotiations, and announce decisions. In doing so, ensure that the negotiations
This was done with dignity and unhindered and that the matter could be fully, fairly and
without delay.
(2) in matters pertaining to the Senate, individual tasks
with the consent of the Chairman, the proceedings carried out also the members of the Senate.
(3) in matters pertaining to the Senate disagrees with the measures of the President
the Senate, which has made in the negotiations, it may request that the Senate decided.
§ 118
(1) following the initiation of negotiations, President of the Chamber shall invite the plaintiff (appellant)
to present a claim (proceedings) or told of its contents,
and the defendant (the other parties) to present or communicated the contents of
submitted written statements in the matter; submission of the absent participants
reads or communicate to the contents of the President of the Chamber. The defendant (other
the Subscriber), which made a written submission, the President of the Chamber shall invite,
to be in the matter. If it is necessary, the President of the Senate of the participant
It also prompts you to supplement their claims and to propose to prove their
claims evidence.
(2) After the implementation of the operations referred to in paragraph 1, the President of the Chamber shall communicate the results
the preparation of the meeting.
(3) unless otherwise provided by law, the progress of the negotiations, the next President
the Senate according to the circumstances of the case. ".
162. under section 118, the following new section 118a to 118c:
"section 118a
(1) If, in the course of the hearing that he did not talk all the participant
the operative or that is incompletely, President of the Chamber said it
invite to its allegations adds, and instruct it to, what has the claim to supplement and
What would be the consequences of failure to meet this challenge.
(2) if the President of the Senate for that thing is possible after legal page
judge otherwise than under a legal opinion, Outlook prompts the participant,
to the extent necessary to supplement the summary of the relevant facts;
follows, mutatis mutandis, in accordance with paragraph 1.
(3) where the President of the Senate in the course of the negotiations, that the participant has not yet
not suggest the evidence needed to prove all their claims disputed
invite him to the evidence described, without undue delay, and instruct it to
about the consequences of failure to meet this challenge.
(4) at the hearing the Chairman of the Senate provides participants the lessons of
other of their procedural rights and obligations; This does not apply, if the
participant represented by a lawyer or notary in the scale of its permissions
provided for by specific provisions. ^ 57)
section 118b
(1) in matters of protection of personality under the civil code, in cases
protection against disclosure of information that is an abuse of the freedom of
speech, speech and the press, where appropriate, the protection of the rights of third persons referred to in
the legislation on mass of information resources, in disputes
thrown by the bankruptcy and settlement, on the basis of things in disputes about protection
competition, on the basis of things in disputes about protection of the rights
broken or at risk of unfair competition acts, on the basis of things
in disputes arising from violations of or threats to law on trade secrets and
the other cases provided for by law, the participants may include applicable
facts about the merits of the case and the evidence to prove the mark no later than
until the end of the first meeting, which took place in them; to later referred to
the facts and the evidence will be taken into account. This does not apply if the fact
or evidence which has to be called into question the credibility of the evidence made
funds, that have occurred (arose) after the first hearing, or that
participant could not without their guilt in a timely manner.
(2) the obligations referred to in paragraph 1 and of the consequences of failure to comply with these
obligations must be instructed in the summons to the participants to the first meeting in
things.
§ 118c
(1) If, in the consideration of the case for the delays because the participant is
idle or that he did not talk over the challenges to the Court all of the relevant facts
or has the necessary evidence, the Court may, if it thinks fit, and unless
the matters referred to in § 120 paragraph. 2, on a proposal from the other party to the resolution of the
decide that in the case include the relevant facts about the merits of the case and
Mark evidence to demonstrate no later than within a period which it shall determine, and
that later above and the evidence will not be taken into account; the time limit
shall not be less than 15 days from the delivery of the resolution.
(2) After the time specified by the Court, the participants may include additional facts or
Mark evidence, just when they should be called into question the credibility of the
carried out by the evidence, or if the participant was invited to
replenishment of account of operative events under section 118a, paragraph. 2, as well as
facts and evidence, that have occurred (arose) after the expiry of the time limit, or
that the participant could not without their guilt in a timely manner.
(3) the resolution referred to in paragraph 1 shall be delivered to the participants of their own
hands. ".
163. In section 119 paragraph. 1 the second sentence reads as follows:
"Unless the circumstances of the case, it shall notify the President of the Senate adjournment
meeting day, when another hearing will be held; the provisions of section 115a here
shall apply mutatis mutandis. ";"
164. In section 119 paragraph 1 the following paragraph 2 is added:
"(2) to further the negotiations, participants usually must be summoned at least
five days in advance. ".
Paragraph 2 becomes paragraph 3.
165. In section 119 paragraph 3 reads:
"(3) if there is a change in the cast of the Court, the President of the Senate at the beginning of
the next meeting shall notify the content of přednesů and carried out by the evidence. ".
166. the following section is inserted after section 119 119a, which reads as follows:
"section 119a
(1) before the end of the hearing, the President of the Senate shall, with the exception of
referred to in § 120 paragraph. 2, the participants present at the hearing, that
all the relevant facts must be noted and that the evidence must be marked
before things will announce the decision, since the later applied
the facts and the evidence are the reason for the appeal only, under the conditions referred to in
section 205a. The provisions of § 118b, 118c and § 175, paragraph. 4 part of the first sentence in
without prejudice to the semicolon.
(2) if the parties even after the guidance referred to in paragraph 1 of the new reality
and the evidence indicate if new facts and evidence were applied in
contrary to § 118b, 118c or § 175, paragraph. 4 part of the first sentence in a semicolon
or if the Court decided that the evidence does not, the President of the
the Senate will invite the participants to summarize their proposals and to submit their comments to the
the taking of evidence and to the factual and legal page. ".
167. In § 120 paragraph. 2 the word "fatherhood," shall be replaced by the words
"parenting, in determining whether to consent to the child's parents
its adoption, "and after the word" register "are inserted after the words" in the management of
přivolení to the notice on the lease of the apartment, ".
168. section 124:
"§ 124
The taking of evidence is to be carried out, so that was investigated by the obligation of
confidentiality of classified facts protected special
^ 56) by law and other statutory or State recognized the obligation to
confidentiality agreement. In these cases, you can perform a hearing only if the
If the front from the obligations of confidentiality, the competent authority
or the one in whose interest has this obligation; It also applies, mutatis mutandis,
where proof is carried out otherwise than by cross-examination. ".
169. In section 125, for the word "institutions" shall be inserted after the word "natural" and
before the word "instrument" shall be inserted after the words "deeds and other".
170. In paragraph 126. 1 the first sentence, the words "every citizen is obliged to"
replaced by the words "any natural person who is not a party to the proceedings, is
obliged to "and in the third sentence, the word" caused "is replaced by
"caused".
171. In section 126, the following paragraph 4 is added:
"(4) a natural person who is the statutory body of the legal person
(a member of this body), can be heard in the proceedings to which the
is this legal person only according to § 131. ".
172. In the third sentence of section 128: "Refuse to communicate to the Court the following facts
can only he who could make as a witness pursuant to section 126, paragraph. 1. ".
173. In section 131, paragraph 1 reads:
"(1) the Evidence the hearing participants, the Court may order, if dokazovanou
the fact you cannot prove otherwise, and if the participant agrees
that has to be heard; This does not apply in proceedings referred to in § 120 paragraph.
2 and in proceedings for divorce marriage. ".
174. In section 131, paragraph 1, the following paragraph 2 is added:
"(2) if the Court Orders as evidence of hearing participants, the participants are
be required to appear for questioning. In his questioning to denounce the truth
and nothing nezamlčovat; must be instructed. ".
Paragraph 2 becomes paragraph 3.
175. under section 133 shall be added to § character:
"§ character
The facts alleged that the participant has been directly or indirectly
discriminated against on the basis of their gender, the Court in matters of working for
proven, if the management failed to light otherwise. ".
176. In section 137, the words ", if the Attorney or representative of the commercial
lawyer "be deleted.
177. In section 137, the existing text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) the remuneration for the representation belongs to the costs of the proceedings, the representative of the
a lawyer or notary in the scope of their permissions provided for special
legislation. ^ 57) ".
178. In § 139 paragraph. 2 the first sentence, after the word "report", the words
"interpretation Act" or executed, and in parentheses, after the words "insurance"
the words "and tlumočné". The second sentence reads: "Special provisions
provides and in what amount the payment and tlumočné paid. ".
179. In section 139, the following paragraph 4 is added:
"(4) concerning the rights referred to in paragraphs 1 to 3 shall be decided by the President of the Senate.".
180. In paragraph 140. 1 the second sentence shall be replaced by a semicolon and the dot on the
the end of the sentence the following words: "If you cannot determine the ratio of abetting,
It is equally applies. ".
181. In section 140 at the end of paragraph 1, the following sentence shall be added:
"The participants referred to in section 91, paragraph. 2 apply common costs together and
severally. ".
182. In paragraph 140. 2 in the part of the sentence after the words "If the semicolon is the
It's reasonable, shall provide to the Court "shall be replaced by the words" in appropriate cases
the State shall provide ".
183. In section 141 paragraph. 1, the word "Court" shall be replaced by the words "the President of the Senate."
184. In section 141 paragraph. 2, after the words "mother tongue", the words "or
but sign language ".
185. In § 142 paragraph. 1, the second sentence shall be deleted.
186. In section 142, the following paragraph 4 is added:
"(4) in proceedings initiated at the suggestion of the Attorney or
the Prosecutor's Office according to the specific předpisů58), the Court shall grant
the defendant, under the conditions referred to in paragraphs 1 to 3 of the compensation for these
costs against the State. ".
187. In section 143, the word "Respondent" shall be replaced by the word "Defendant" and the word
"applicant" shall be replaced by the word "plaintiff".
188. In § 146 paragraph. 1 at the end of the letters and the words): "
does not apply, if warranted by the circumstances of the case the award of costs
control; ".
189. In § 146 paragraph. 2 the second sentence reads as follows:
"If, however, Was for the conduct of the defendant (other party) taken back
the proposal, which was submitted to the reasonably, is to bear the costs of the proceedings
the defendant (the other party). ".
190. In section 146, the following paragraph 3 is added:
"(3) if the Court refuses an action or other proceedings is
the applicant (the applicant) shall be obliged to replace the other participants in their
the costs. ".
191. In section 147, paragraph. 2 and in section 148, paragraph. 2, after the word "experts"
the comma and the word "interpreters".
192. In paragraph 149. 2 the second sentence including a footnote No. 34)
repealed.
193. In paragraph 149. 3 the words "to the extent of its commercial lawyer
permission provided for by specific provisions "shall be replaced by the words" notary public in
the scope of their permissions provided for by specific provisions ^ 57) ".
194. § 151 including title and footnote No. 64):
"The decision on the costs of the proceedings
§ 151
(1) on the obligation to refund the costs of the proceedings, the Court, without the proposal in
the decision, which ends with him control; for the costs referred to in
§ and § 148 paragraph 147. 2 can do so already in the course of the proceedings, and it
usually when these expenses arise.
(2) when deciding on the award of costs of the proceedings, the Court shall determine the amount of remuneration for the
representation by a lawyer or a notary public in the framework of its permission set
a special law ^ 57) in accordance with the rates fixed at a flat rate for the
control in one instance a special legal regulation; If, however, the
Award of costs of the proceedings under section 147, or if it is warranted by the
the circumstances of the case, in accordance with the provisions of the special legal
Regulation on non-contractual remuneration. ^ 64) to pay wages (salary) and reimbursement of
cash expenses, the Court shall determine in accordance with the specific legislation. Otherwise,
the Court is based on the costs incurred by the participant proven.
(3) determine the amount of the costs of the Chairman of the Senate in a written copy of the
decision.
(4) even though it was on compensation costs decided to separate
by resolution, the time limit for the performance of legal power is always up to the decision
It was to pay the costs awarded.
64) § 6 and following Decree No. 177/1996 Coll., on the remuneration of lawyers and
compensation lawyers providing legal services (lawyer's tarif). ".
195. Article 151a is the word "usually" be deleted.
196. In § 153 paragraph. 2, after the word "attributable", the words "something
another or ".
197. In section 153a, the following paragraphs 3 and 4 are added:
"(3) for the recognition of the judgment, the Court also has to consider that the
the defendant is entitled, that is an action against him, should be acknowledged (Section 114b
paragraph. 5).
(4) Only for the judgment for recognition need not be ordered negotiations. ".
198. In section 153b, paragraph. 1 the words "If the defendant Misses, which was duly
served at least 5 days prior to the date on which the meeting is to take place
(section 47) "shall be replaced by the words" If the defendant Misses, which have been duly
delivered into his own hands (§ 45a) Bill and the summons to a hearing
at least ten days and in the matters referred to in § 118b, at least thirty days
before the date, when the meeting is to take place "and the words" in the case was ordered to "
replaced by the words "in the case took place".
199. In section 153b, paragraph. 2, after the words "the defendants,", the words "who
they have such a common requirement that must apply to
all (article 91, paragraph 2), ".
200. In section 153b, paragraph. 5, the words "Court of first instance for annulment
his judgment, applies, that the appeal had been withdrawn "are replaced by
the words "proposal for the cancellation of the judgment was final resolution rejected
the appeal is not taken into account ".
201. In paragraph 155. 1 the second sentence, the words "management, if it
does not act independently "shall be replaced by the words" proceedings; If the only
base costs, determine the amount in a separate resolution ".
202. Article 155, paragraph 2, including the footnotes No. 65), 66) and 67)
added:
"(2) the operative part of the judgment on the performance of the money can be expressed in a foreign currency,
If this is not contrary to the circumstances of the case and if the
and is based on the rule of) the execution of the Act, in which it is expressed in a foreign currency,
the plaintiff (petitioner) requesting bottling in foreign currency and foreign exchange
^ rules 65) allow nationals as ^ 66) who has to perform, performance in the proposed
provide foreign currency without a special permit, or
(b)), one of the participants is cizozemcem. ^ 67)
65) Act No. 219/1995 Coll. foreign exchange law.
66) § 1 (b). (b)) Act No. 219/1995 Sb.
67) § 1 (b). c) Act No. 219/1995 Sb. ".
203. Section 155, the following paragraph 3 is added:
"(3) are not complied with the conditions for the granting of performance in a foreign currency
referred to in paragraph 2, the Court shall determine without filling in the currency of the Czech design
Republic. ".
204. In section 156 is at the end of paragraph 1, the following sentence shall be added:
"After the announcement of the President of the Senate, usually inviting participants
expressed, whether giving up the appeal against the judgment held. ".
205. In paragraph 156. 2 the second sentence of the text "section, paragraph 119. 2 "the following text
"and 3" and the word "does not apply" shall be replaced by the word "apply".
206. section 157 reads:
"§ 157
(1) unless otherwise provided in a written copy of the judgment after
the words "on behalf of the Republic," indicating the designation of the Court, first and last names
judges and lay judges, the precise identification of the participants and their representatives,
the participation of the public prosecutor's Office, the indication of the present case, the wording of
scope, rationale, guidance on whether the appeal is admissible
not an action for the recovery of the proceedings and for a period of time, and in annulment and
the place to his administration, guidance on the possibility of enforcement of the decision and the date and place
publication. If possible, the designation of the participants whether or not their
date of birth (identification number).
(2) unless otherwise provided, in the grounds of the judgment, the Court shall,
what the plaintiff (petitioner) seeking and for what reasons, and how in the
matter the defendant (other party), briefly and clearly lays out,
that fact has been demonstrated and which are not, that the evidence against
its findings and such considerations in the evaluation of the evidence,
Why has not made even more evidence, what made the conclusion on the facts and
How to assess the legal thing; It is not permissible to copy from the file
the factual recitations of the participants, and the evidence. The Court shall ensure that the
the reasoning of the judgment was compelling.
(3) in the grounds of the judgment or for recognition of a judgment by default shall
the subject of the proceedings and the Court only briefly lays out the reasons for which it decided to
judgement for recognition or judgement by default.
(4) in the grounds of the judgment against which the appeal is not admissible or
against which the participants gave up the appeal (article 207, paragraph 1), the Court shall
only the subject of the proceedings, the conclusion on the facts and concise legal
the assessment of the case; This does not apply in the administrative judiciary. ".
207. In section 158, paragraph. 1, after the words "If the judge decided, another"
the words "the President of the Court".
208. In section 158, paragraph. 2 the first sentence, the comma after the word "hand" is replaced by
dot and the remaining part of the paragraph be deleted.
209. In section 158, the following paragraphs 3 and 4 are added:
"(3) If the parties give up the appeal after the end of the negotiations, which
the judgment was preceded, delivers a copy of the judgment is usually when
the end of the negotiations.
(4) If a copy of the judgment was not served in accordance with paragraph 3,
It should be the participants, or their representatives, to send in the time limit
thirty days from the date of publication of the judgment. The President of the Court is entitled to this
period may be extended by up to 60 days. "
210. In section 159, paragraph 2 reads:
"(2) the Statement of final judgment is binding for the parties and for all
authorities; for persons other than parties is binding only in cases
laid down by law, and to the extent therein referred to. The final verdict
the judgment of the personal status is mandatory for everyone. ".
211. In section 159, paragraph. 3, after the words "to be", the words "the same thing in
the extent of binding judgment ".
212. In section 160, paragraph. 1, the words "judgment", the words
"or, in the case of the evacuation of the apartment, within 15 days of legal power
the judgment ".
213. In section 160, paragraph 3 reads:
"(3) If a court judgment has become final obligation to vacate the apartment after
ensure adequate replacement apartment, a replacement flat, spare
accommodation or shelter, the period runs to the eviction of the flat to the date
collateral provided for housing reimbursement or shelter. "
214. Article 160, the following paragraph 4 is added:
"(4) in the case of judgments enforceable court provisionally determine the time limit for the performance of
their delivery to the one who has to perform. "
215. Article 162, paragraph 1 shall be deleted.
Paragraphs 2 and 3 shall become paragraphs 1 and 2.
216. Article 163, paragraph. 1 the second sentence reads as follows:
"Unless the law otherwise, it is permissible to change the judgment from the time when
There has been a change in circumstances. ".
217. Article 163, paragraph. 2, the words "on the restriction of parental rights" be replaced by
the words "about the award, restriction or deprivation of parental responsibility or
the suspension of its performance ".
218. § 164:
"§ 164
The President of the Senate of the repairs in the judgment at any time even without the design errors in writing and
in numbers, as well as the other obvious inaccuracies. If a repair scope
decision, or if it is not possible to carry out the repair in every
the decision, the issue about the corrective resolution, which delivers the participants;
If it is a repair scope decision, it may defer the enforceability of the judgment
at the time, as long as the provisions of the resolution has become final and conclusive. ".
219. In paragraph 165. 3 the first sentence reads as follows:
"The repair of the reasons shall be decided by a resolution; in matters pertaining to
the Senate will do so the President of the Senate. ".
220. Section 166, paragraph. 2 the first sentence reads as follows:
"The addition of part of the subject of the proceedings, the Court shall make a judgment, which is subject to
Similarly, the provisions of the judgment; otherwise, the Tween will decide resolution. ".
221. In section 167, paragraph. 1 the second sentence, after the words "stay of proceedings"
the words "for the rejection of the proposal".
222. Article 169, paragraph 1 reads:
"(1) unless otherwise provided in a written copy of the resolution shall indicate
that Court is, first and last names of judges and lay judges, mark
the parties, their representatives and things, statement, justification, instruction,
If a remedy is not an action for the recovery of the
management and for a period of time, and in annulment and point to his administration, and the date and place
issue resolution. ".
223. In section 169, paragraph. 2, after the words "management control,", the words "or
According to Section 104a of the resolution ".
224. In section 169, the following paragraph 4 is added:
"(4) for the purpose of the resolution, which will be decided on the merits, the
Similarly, section 157, paragraph. 2 and 4. ".
225. section 172 including the title:
"Order for payment procedure
§ 172
(1) the Court may, even without the express request of the applicant and without hearing the defendant
to issue the order for payment, if the action claimed on payment
the cash amount and if the entitlement of the facts referred to
by the plaintiff. In the payment order the defendant to within 15 days from the
the delivery of the payment order, the applicants paid the claim and applied
the costs of the proceedings or to the same objection with the Court that resistance
order for payment issued.
(2) the payment order cannot be issued,
and) if the thing, in which the Senate has to act and make decisions;
(b)) if it is not known to the defendant's residence;
(c)) to be delivered to the order for payment on the defendant abroad.
(3) if the Court does not issue a payment order, instructs the negotiations. "
226. In paragraph 173. 1 the word "respondent" shall be replaced by the word "defendant".
227. In paragraph 173. 2, the words "of the defendants" shall be replaced by "of the
the defendants ".
228. Article 173, paragraph. 2, § 174, paragraph. 3, § 263 paragraph. 2, section 264 paragraph. 1, §
paragraph 265. 1, § 266, paragraph. 1 and 2, § 269, paragraph. 1, section, paragraph 270. 1, § 273a shall be inserted
paragraph. 1, § 290 paragraph. 2, § 291 paragraph. 1, section 316, paragraph. paragraph 2, § 328a. 1, §
paragraph 330. the fourth sentence of section 3, paragraph 345. 1, § 347 paragraph. 1, § 348 paragraph. 3, §
349 paragraph. 1 the first sentence of the paragraph and section 349. 2 the words "the President of the Senate"
shall be replaced by "the Court".
229. In paragraph 174. 2, the words "of the defendants" shall be replaced by "of the
the defendants "and the words" the President of the Senate "shall be replaced by the word" Court ".
230. In section 174, the following paragraph 4 is added:
"(4) when the correct errors in writing and in numbers, as well as the other obvious
inaccuracies in the order for payment procedure shall be followed in accordance with § 164. ".
231. In paragraph 175. 1, the word "applicant" shall be replaced by the word "plaintiff",
the words "the President of the Chamber of the regional court in commercial matters"
shall be replaced by "the Court", the word "respondent" shall be replaced by the word
"the defendant", the word "respondent" shall be replaced by the word "defendant" and the words
"the President of the Senate" shall be replaced by the word "Court".
232. In paragraph 175. 2, the words "shall apply" shall be replaced by the words "and section 174
paragraph. 4 apply ".
233. In paragraph 175. 3 the word "respondent" shall be replaced by the word "defendant" and
the words "the President of the Senate" shall be replaced by the word "Court".
234. In paragraph 175. 4, the word "respondent" shall be replaced by the word "defendant" and
the words "the President of the Senate" shall be replaced by the word "Court".
235. In paragraph 175. 5, the word "respondent" shall be replaced by the word "defendant".
236. In § 175b sentence of the third paragraph the text ". 2 "shall be deleted.
237. section 175c:
"§ 175c
The Court finds that the records of wills held under special rules
the will of the testator, registered by the instrument of dispossessed or appeal
These operations (hereinafter referred to as "will"), and for which the notary or court is
saved. ".
238. In section 175h at the end of paragraph 3 shall be deleted and the following words dot
"and need not be served."
239. In paragraph 175 k. 2 the words "settlement" is replaced by "on the Elimination of
the dispute by agreement of the participants. "
240. In paragraph 175 k. 3, in the portion of the sentence after the words "in the calculation of the semicolon
net assets "shall be replaced by the words" in determining the normal value of the property, the amount of the
debt and the net value of the heritage, or the amount of its heavy indebtedness, ".
241. In paragraph 175l. 1 and 2, the words "joint ownership in bezpodílovém"
replaced by the words "in the common equity" and in paragraph 1, the words "General
price "shall be replaced by" normal price ".
242. In section 175o paragraph. 1, the words "general price" shall be replaced by "the usual
the price ".
243. In the third sentence of section 175s, the word "Constitution" be replaced by the words "the Bank or
the other person ".
244. In paragraph 1 of section 175t:
"(1) if the heritage předluženo and in the absence of agreement under section 175p, the Court
on the proposal for a resolution ordering the destruction of heritage; as well, the Court shall proceed,
If the State suggested the destruction of heritage, therefore, that the creditor has refused to
take on the payment of its receivables from heritage. On the regulation of disposal
the legacy of the Court may decide, even without the design. ".
245. In § 175v paragraphs 2 and 3, including footnotes, no. 68) and 69)
added:
"(2) the Court shall pay out of the proceeds of the claim by these groups gradually:
and) claims the costs incurred by the State in the context of the
the sale of the property,
(b) the cost of zůstavitelovy diseases) and his reasonable attorneys '
the funeral,
(c)), the claims secured by a lien, the detention law, the transfer of
^ Law 68) or by assignment of the claim, the ^ 69)
(d) the arrears of maintenance),
e) taxes and fees, insurance premiums, on public health
insurance and social security and a contribution to the State
employment policy, if you have not been satisfied under subparagraph (c)),
(f)) other receivables.
(3) If you cannot fully satisfy the claims of belonging to the same group,
satisfy the fairly; in Group c), however, claims meet according to the
their order, while the receivables secured detention law
be paid before any other claims. For the order of the day is decisive
the right to ensure the claim originated.
68) § 553 BGB.
69) section 554 of the civil code. ".
246. In section 175y paragraph. 1, after the words "in accordance with § 175 k, paragraph. 3 "shall be replaced
"or under section 175l paragraph. 1 the second sentence ".
247. In section 175zb, the following paragraph 3 is added:
"(3) by withholding things entitlement to remuneration for a notary has not yet made it
acts. ".
248. In section 175zd to in paragraph 1 shall be deleted at the end of the second sentence of the dot and
shall be added the words "or the necessary tasks to perform itself.".
249. In section 175zd at the end of paragraph 1, the following sentence shall be added:
"The instructions of the Court are binding for the notary.".
250. Article 176, paragraph. 1 the first sentence, after the word "parents" shall be inserted after
the word "grandparents and siblings".
251. In paragraph 177. 2 the second sentence reads as follows:
"If the Court to which jurisdiction has been transferred, the transfer
does not agree, it shall submit the matter to the decision if the question of migration
the jurisdiction of the Court of appeal has not been decided already, your manager
the Court; by the decision of this Court is bound by the Court, that the jurisdiction of the
transferred. ".
252. In § 178 odst. 1 the word "guardians" is replaced by
"trustees" and the word "citizens" shall be replaced by the word "physical".
253. In § 178 odst. 2, the second sentence shall be deleted.
254. In section 179, the words "made the legal representative" are replaced by "was
made ".
255. In section 180 paragraph. 1 the word "guardian" shall be replaced by the word "guardian".
256. In section 180 paragraph 2, including the footnote 70):
"(2) the Court shall supervise the administration of the property of a minor performed by the guardian
or guardian; When it progresses according to a special regulation. ^ 70)
70) § 37b, 78 and following of Act No. 94/1963 Coll., as amended
regulations. ".
257. Article 180, paragraph 3 is deleted.
258. under section 180, the following new Section 180a and 180b, including title and
footnote No. 71):
"The process of determining whether it should be the parents ' consent of the child to adoption
Section 180a
(1) the parties are the child and his parents are his legal
the representatives; parent of a child who is a minor, is a participant in the proceedings, and
If it is not the legal representative of the child.
(2) the minor parent of a child has sued in this proceeding.
The provisions of section 23 can be used only if the parent has not reached the age of 16 years.
(3) a special law stipulates who is to submit a proposal on start
This procedure and the reasons for the consent of parents to the adoption of a child is not
required. ^ 71)
section 180b
(1) the final judgment, by which it was determined that the adoption of a child is not
require the consent of the parents, the Court cancels the changes to the proposal, if the ratios. A proposal from the
can be made as soon as possible after the expiry of one year after the judgment.
(2) the provisions of paragraph 1, the first sentence shall not apply if the child is already
osvojeno, or if the proceedings for its adoption, or if the
child entrusted into the care of future adopters, or if it has been opened
management of child custody of future adopters.
71) section 68 of the Act No. 94/1963 Coll., as amended. ".
259. In section 181 at the end of paragraph 1, the following sentence shall be added:
"The provisions of Section 180a, paragraph. 2 apply here mutatis mutandis. ";"
260. Article 181, paragraph 2 reads:
"(2) the parents of the adopted child are not parties to the proceedings of adoption
If
and) are deprived of their parental responsibility, or
(b)) were stripped of legal capacity, or were in this
eligibility limited by, or
(c)) gave consent to the adoption in advance without respect to a particular osvojitelům, 38)
or
(d)), the Court has been finally decided that the adoption of a child is not to be their
consent. ".
Footnote No. 37) shall be deleted.
261. In article 181, paragraph 3 is deleted.
Paragraph 4 becomes paragraph 3.
262. In section 182 paragraph. 1 the first sentence including a footnote No. 72):
"The Court will hear the child Osvojované, only if the adoption is to be his
consent. ^ 72)
section 67, paragraph 72). 1 of Act No. 94/1963 Coll., amended by Act No. 91/1998
SB. ".
263. section 183 is hereby repealed.
264. § 185b:
"§ 185b
A participant in the proceedings is a složitel. After the final resolution on the adoption of the
custody is a participant in the proceedings who are money, valuable
papers or other things designed, (hereinafter referred to as "the recipient") and the one who
apply right on the subject of the custody. ".
265. In the section, the word "decision 185e" replaced by the word "judgment".
266. In paragraph 188. 1, after the word "resources", the words
"(substance abuse)".
267. section 193:
"§ 193
(1) the Court shall see to the asset management performed by the guardian and is
necessary and appropriate measures to establish and ensure this property.
(2) a guardian shall submit to the Court after the end of the representation of the final account of the
asset management; the Court can also save him during representation
He held regular reports on its activities.
(3) the provisions of § 176 through § 179 and 180, paragraph. 1 if you apply to
guardianship over the minor, applies here mutatis mutandis. ";"
268. § 200:
"§ 200
If it is certain that the natural person had died, but her death cannot be demonstrated
laid down in a way, the Court's decision, which it declared
dead. ".
269. sections 200a to 200 g including headings and footnotes No. 73), 74) and
75):
"The proceedings in matters of the commercial register
section 200a
(1) for the management of the Court (hereinafter "the commercial court"), in whose
the circuit court is the general physical or legal person to whom the entry in the
the register concerned (hereinafter referred to as the "Entrepreneur"). If the foreign person is
to the management of the Court in whose jurisdiction is located the undertaking or
his organizational folder.
(2) a court that is competent for the procedure for registration referred to in paragraph 1, the
jurisdiction to another notation, where the special provisions of
These registrations must be decided together.
(3) if the circumstances under which assesses the local jurisdiction,
by order of the Court transfers the jurisdiction of the Court the newly competent;
If this Court with jurisdiction shall decide his transfer
Superior Court. After the final resolution on the migration of the local jurisdiction
the relevant entries in the commercial register of the transfer of the relevant new
of the Court.
section 200b
(1) proceedings are initiated upon the proposal.
(2) if it is to be achieved, the match between the registration in the commercial register and
the actual status, you can start even without the management proposal.
(3) the Withdrawal of the proposal on initiating the procedure is not effective if it is to be writing
match between the registration in the commercial register and the actual status.
§ 200 c
(1) a participant in the proceedings is an entrepreneur; registration of persons
written by specific provisions in the commercial register in the context of the
the registration of entrepreneurs, are participants in the proceedings also the persons. The provisions of §
paragraph 94. 1, the first sentence shall not apply.
(2) special regulations shall determine which entrepreneurs and what really
There is about to be entered in the commercial register, who is entitled to
for registration and how to submit a proposal for registration must be documented.
(3) in a proceeding, the Court must make is, within 15 days from the submission of the draft acts
pointing to the decision of the case.
§ 200d
(1) in proceedings for the implementation of the registration of a court is obliged to examine whether the
met to perform the registration required by law;
the provisions of § 101 paragraph. 1 (a). and this does not prejudice).
(2) the content of the registration you can decide without a hearing, if the Court regulation
fully complies with the draft, which no objection was raised, or if it can be
decide, on the basis of the evidence without the implementation of the instruments, which are referred to in
Special regulations attest to the fact that appear. The Court always orders
the negotiations, if the decision depends on the registration of the disputed findings of facts
or if evidence to determine whether the prerequisites are met
to perform the registration required by the legislation.
(3) the Court shall decide on the content of the minutes by the resolution; in the scope of the resolution shall indicate the
whether or not the date of registration. If it is not possible to decide without hearing about the whole
write content, and is not contrary to the nature of this writing, the Court may provide that
for the remaining part of a separate resolution.
(4) the registration in the commercial register of the Court performs within ten days from the legal
to be able to write about the content of the resolution. It is to be achieved in conformity with the decision
the actual status, the Court may decide that the registration will be carried out already on the
the basis of an enforceable resolution.
(5) the President of the Senate can save entrepreneurs also fined
If the rest of the challenges the Court to indicate the fact
or submit documents necessary for the decision on the content of the registration under section
200B paragraph. 2 or to submit documents, which according to the specific
legislation belongs to the collections of documents. ^ 73) follows, mutatis mutandis, in accordance with section
53.
§ 200e
The management of some of the issues of commercial companies, cooperatives and other
legal persons
(1) for the management on the matters referred to in section 9 (2). 3 (b). (b)), d), (e)), f) and the
(g)) is the competent regional court, which is a commercial company, a cooperative
or other legal person registered in the commercial register, the register
generally beneficial companies or in the Foundation register. In the case of
a person who does not write to these registers, the competent regional
the Court, which decides in commercial matters, in whose district the person
its a generic Court.
(2) unless otherwise provided by law, the proceedings referred to in paragraph l shall begin only
on the design, you can start even without the proposal.
(3) Intervention in the matters referred to in paragraph 1 shall be governed by the provisions of section
paragraph 94. 1 sentence first. Decisions by the resolution.
(4) in the case can be decided without regulation negotiations only on the matters referred
in section 9 (2). 3 (b). (b)), d), (e)), and (f)), and only if it does not
the taking of evidence.
Proceedings in matters of capital market
§ 200f
(1) proposal on matters of the capital market under the special law ^ 74) may
only submit Securities Commission (hereinafter referred to as "the Commission").
(2) the parties are the applicant and the Commission, whom the Commission in
the proposal marks as the defendant.
(3) to control the Court, in whose district the ordinary court of the plaintiff.
(4) the resolution. The negotiations do not have to order.
§ 200 g
(1) when deciding on the matter, the Court is based, in particular, of the instruments and other
the applicant shall submit the evidence. Participants may not be heard.
(2) the design of the Court of first instance shall be decided not later than 10
days of the initiation of the proceeding. If the Court urged the applicant to remedy the defects
submission (section 43), this period is running again from the date when the removal
defects, or when in vain this time limit has expired; the same applies,
If the court order the claimant to submit to him for decision, a significant
the documents or other evidence.
(3) the resolution, which was accepted, the proposal shall lapse on the date on which the
the competent authority of a final decision in the case by the Special
Bill. ^ 75) even before the expiry of this period, the Court cancels the resolution if the
as the reasons for which the proposal was accepted.
§ 27a, paragraph 73). 2 of the commercial code.
74) section 11 of Act No. 15/1998 Coll., on the Securities and Exchange Commission and about the change and
supplement other laws, as amended by Act No. 30/2000 Coll.
75) the law No. 15/1998 Coll. as amended by Act No. 30/2000 Coll. ".
270. In § 200 h of paragraph 1. 4, the first sentence reads: "the Court will decide resolution.".
271. Under section 200i first sentence reads: "the Court will decide resolution.".
272. In § 200 l, paragraph 2 reads:
"(2) a participant in the proceedings is the petitioner, a member of the Municipal Council, whose
certificate of election complaints, and is challenged by the competent electoral authority. ".
273. In § 200n, paragraph 3 is deleted.
274. In section 201, the words "Court of first instance" shall be replaced by the words "District
the Court or the regional court decision issued in the proceedings at first instance ".
275. In section 202, paragraphs 1 and 2 shall be added:
"(1) no appeal is permitted against a resolution, which
and regulates the management of proceedings);
(b)) was to the other party to the action (article 94, paragraph 3);
(c)) have been instituted without the proposal;
(d)) was invited to the incomplete, incomprehensible or vague
the filing added or corrected (article 43 (1));
(e)) was excused;
(f)) was or was not allowed to change the proposal;
(g)), it was decided on svědečném or on claims under section 139, paragraph. 3;
(h)) was approved by the settlement;
and it was decided to design) the citizen to execution of the repairs or additions
the voting list;
j) was rejected the proposal for the suspension of proceedings under section 109 or under section 110;
the defendant was asked to), that in the case in writing (Section 114b);
l) has been repaired, the decision not to repair the scope of the decision.
(2) no appeal is permitted against a decision by which it was decided to
ordering the implementation not exceeding $ 2 000, to the accessories of the claims
disregarded; This does not apply in the case of a judgment for recognition and for judgment for the
by default. ".
276. § 203 to 205 including the following title:
"§ 203
(1) the intervener may lodge an appeal only if the management
entered within fifteen days from the service of the decision of the participant,
in the control supports. The appeal of intervention is not
allowed if it supported the appeal gave up or participant
If citing intervention does not agree.
(2) the prosecution may appeal only on the matters referred to in
§ 35 paragraph. 1 and only if entered in the proceedings before the
the appeal period has expired all the participants of the proceedings.
section 204
(1) the appeal shall be filed within fifteen days of receipt of the written copy
the decision by the Court whose decision is being appealed. It was granted
adjusting the resolution relating to the scope of the decision, this time limit is running again
from the legal power of amending the resolution.
(2) the appeal is to be lodged in time even if it was filed after the
the expiry of the fifteen-day time limit, therefore, that the appellant was driving the wrong
the lesson of the Court of appeal. If the decision does not contain guidance on the appeal,
on the time limit for appeal or of the Court in which it is served, or if the
the wrong lessons about the fact that the appeal is not admissible, the appeal may be filed
within three months of delivery.
(3) relief to the appeal shall be decided by the Court of first
the degree. Relief to no appeal is permitted, if the
appeal against the judgment pronouncing the marriage
that is invalid or not; in these cases do not apply
the provisions of paragraph 2, second sentence.
The particulars of the appeal
section 205
(1) an appeal shall be in addition to the General requirements (section 42 (4))
mentioned, against which decision points, to what extent, in
What is seen in this decision or incorrect procedure of the Court of
(the Board of reason) and what the appellant seeks (Board proposal).
(2) an appeal against a judgment or resolution by which it was decided in the case
the same thing can be justified only by the fact that
and conditions have not been met) control, seised shall decline jurisdiction court ruled substantively
in the first instance, the decision of the Court of first instance gave the judge excluded
(lay judges) or the Court of first instance was improperly cast, unless
instead of a single judge ruled the Senate,
(b)) the Court of first instance overlooked the appellant hardened facts
or to the evidence, although it is reported to have not been fulfilled
under section 118b or § 118c or § 175, paragraph. 4 part of the first sentence in
a semicolon,
(c) is affected by the other) of a defect that could result in
a wrong decision in the case,
(d)) the Court of first instance found the facts of the case or, as the
implemented the proposed evidence necessary to establish the operative events,
(e)) the Court of first instance on the basis of evidence to
incorrect factual findings,
(f)) has not yet found the facts does not hold water, because there are more
fact or other evidence, that have not yet been applied (section 205a)
(g)) the decision of the Court of first instance is based on an incorrect legal
the assessment of the case.
(3) the appellant may, without the consent of the Court of appeal and the appeal to change proposals
reasons and after the expiry of the appeal.
(4) the extent to which the appellant challenges the decision may only be changed after
the duration of the time limit for the appeal. ".
277. under section 205, the following new section 205a, 205b and:
"section 205a
(1) the facts or evidence, which had not been applied before the Court of first
instance, the appeal against a decision or resolution on the merits
reason of appeal only if the
and relate to the conditions of the control), the substantive jurisdiction of the Court, exclusion
judge (assessor), or the cast of the Court;
b) jimi has to be proven that the defect occurred in the proceedings, which could have a
result in incorrect judgment in the matter;
(c)) they should be called into question the credibility of the evidence on which the
is the decision of the Court of first instance;
(d) the appellant was not properly instructed) under section 119a, paragraph. 1;
(e)) have occurred (arose) after its publication (release) the decision of the Court of first
the degree.
(2) in the cases referred to in § 120 paragraph. 2 the restrictions referred to in paragraph 1
do not apply.
section 205b
The appeal against the judgement for recognition or against a judgment by default
the reason for this appeal are just a defects listed in section 205, paragraph. 2 (a). and) and
facts or evidence which has to be proven, that have not been met
the conditions for their issue (section 153a, 153b). ".
278. the Above section 206 is added to the title of the "effects of the appeal".
279. In section 206, paragraph. 1, after the word "timely" following the word "permissible".
280. Article 206, paragraph. 3, the words "on its due date shall be replaced by the
the time limit for the performance ".
281. In paragraph 207. 1, after the word "publication" shall be inserted the word "(issue)."
282. section 208 and 209, including the title of the following:
"The acts of the Court of first instance
section 208
(1) the President of the Senate Belatedly filed the appeal court of first instance
the resolution rejects.
(2) As of late cannot be refused the appeal, which was within
lodged at the Court of appeal or to the Protocol for the nepříslušného of the Court.
The same applies if an appeal against a decision on interim measures
under section 76a filed within the court competent under section 88 (a). (c)).
Section 209
The President of the Senate of the Court of first instance will take care of the removal of any
defects in a timely filed appeal (§ 43). If he fails to remove the defects
or if it considers that the appeal lodged by anyone who is not entitled to it,
or that it is not permissible, refer the matter to the Board of appeal, after the expiry of the period
News of the Court of appeal. ".
283. Article 210, paragraph 1 reads:
"(1) unless the cases referred to in section 208 or 209, in the section delivers the Chairman
the Senate's appeal, which is directed against the judgment or against the resolution in the
merits of the case, other participants. "
284. In paragraph 210. 2 the word "alleges" shall be replaced by the words "or other
participants allege ".
285. In section 210 at the end of paragraph 3, dot is replaced by a semicolon and
the following words shall be added: "in the report also indicates that it considers the appeal for
lodged within the time limit. "
286. In section 210a with the words "law enforcement measures (section 53)" shall be inserted after
the words "or the resolution on rejection of the application, or another design on
initiation of proceedings (article 43, paragraph 2, § 75a (1)), or the resolution of the
the rejection of the appeal (§ 208) ".
287. the following section is inserted after section 211 211a, which reads as follows:
"section 211a
Other parties to the proceedings before the Court of appeal the appellant may argue
facts or evidence, which had not been applied before the Court of first
instance, only under the conditions specified in section 205a or when, does not apply to
the appellant, of the reasons for limitations under section 205a paragraph. 1. ".
288. In section 212, paragraphs 2 to 4 shall be deleted and, at the same time cancels the designation
of paragraph 1.
289. in section 212 shall be added to § 212a:
"section 212a
(1) unless otherwise provided, decisions of the Court of first instance can be
review and for reasons that have not been applied in an appeal (section, paragraph 205.
2).
(2) a judgment or resolution by which it was decided on the merits, cannot be
review referred to in paragraph 1, if the appeal does not call the Court (section
43 and 209) in cases not referred to in § 120 paragraph. 2 no grounds for the appeal.
(3) to the new facts or evidence (section 205a (1) and § 211a)
the Court of appeal may, with the exception of the matters referred to in § 120 paragraph. 2,
taken into account, only if they have been applied.
(4) for the recognition of a judgment and the judgment in the Court of appeal shall examine
only on the grounds referred to in section 205b.
(5) the Court of appeal also takes account of the defects referred to in article 229, paragraph. 1, § 229
paragraph. 2 (a). and (b))) and article 229, paragraph. 3. Other impediments in proceedings before the Court
of first instance take account of the Court of appeal, just as they can result in
the wrong decisions in the matter. ".
290. In article 213, the following paragraph 3 is added:
"(3) in the determination of the facts the Court of appeal disregarded the
facts or evidence which the parties were applied in
contrary to section 205a or section 211a. ".
291. In paragraph 2 of section 214:
"(2) the negotiations need not be prescribed if
and he rejects the appeal);
(b)) shall be terminated or interrupted appeals process;
(c) the appeal is directed against the resolution) of the Court of first instance, which according to the
the law issued without negotiations or which were not decided in the
merits of the case;
(d)) shall be repealed decision pursuant to § 221 paragraph. 1;
(e) the appeal concerns only) cost management, deadlines for implementation or
Provisional enforceability. ".
292. In section 214, the following paragraph 3 is added:
"(3) no need to mandate even if only if the appeal is lodged
just because of the incorrect legal assessment of the case and the rights of participants
participation in the hearing of the case, where appropriate, with the decision of the matter without
Regulation meetings agrees; This does not apply if the Court of appeal shall proceed
According to § 213. ".
293. Article 216, paragraph. 1, číslovku ' 92 "shall be inserted after the text" 97 and 98 ".
294. Article 216, paragraph 2 reads:
"(2) in appeal proceedings cannot be applied a new claim.".
295. In section 216, the following paragraph 3 is added:
"(3) is not the reason for the interruption of the proceedings, if the participants or
any one of them fails to appear for a hearing in the appeal court. ".
296. In section 218, paragraph. 1, letter a) is repealed.
297. In section 218, paragraph 2 shall be deleted and paragraph is lifted
1.
298. the following section is inserted after section 218 218a is inserted:
"section 218a
If the President of the Senate has not decided to Court of first instance under section 208, paragraph. 1,
Although the appeal was filed out of time, decide on the refusal of the appeal
the Court of appeal for the tardiness. If need be, carry out the necessary investigation
either alone or through the Court of first instance or the Court of
requested. ".
299. In section 220, the following paragraph 3 is added:
"(3) the Court of appeal decision also changes, if approved by the
settlement. ".
300. In section 221, paragraph. 1 at the end of the letters, and the comma is replaced by a semicolon)
and at the end of the letters are added these words: "the provisions of section 213, paragraph. 3
It must not be prejudice, ".
301. In section 221, paragraph. 1 at the end of subparagraph (b)), the following words:
"unless a judge ruled, instead of the Senate."
302. In section 221, paragraph. 1 at the end of subparagraph (d)) shall be replaced by a comma and dot
the following point (e)), which read:
"(e)), the Court did not continue in the proceedings who is the successor of the procedural
a participant, who, after initiation, lost the capacity to be a participant in
control. ".
303. In section 221, paragraph 2 reads:
"(2) if the decision of the Court of appeal,
and) returns the case to the Court of first instance further proceedings, or
(b)) shall refer the matter competent district or regional court,
where appropriate, the Court set up to hear and determine a particular things
the species, or
(c)) shall decide on the termination of the proceeding, if there is such a lack of
conditions control, which cannot be deleted (article 104, paragraph 1); If it is not given
jurisdiction of the courts, decides whether or not a referral authority, in whose
powers belong. ".
304. In section 221, the following paragraph 3 is added:
"(3) if the appeals court decision, therefore, was not adhered to the binding
legal opinion (article 226, paragraph 1, § 235h (2) second sentence of the paragraph and section 243d.
1) or in the management of serious defects, may order that, in the next
proceedings discussed and decided another Senate (single judge), or order
the case for further proceedings to another court of first instance, which is
superior. ".
305. under section 221 shall be added to § 221a, as follows:
"sec. 221a
The Court of appeal may annul the decision of the Court of first instance, even if the
proposed his amendment, and vice versa. ".
306. In section 222, at the end of paragraph 1, the period is replaced by a semicolon and
the following words shall be added: "this does not apply in the case of a judgment, pronouncing
that a marriage that is invalid or not. ".
307. In section 222, paragraph 2 reads:
"(2) if the Court has not decided in the first instance on some part of the subject of the proceedings,
on costs or on the proposal of the provisional enforceability of, the Board of appeal
the Court may, even before the decision on the appeal, direct that their decision
Supplement (section 166). ".
308. under § 222 is inserted after section 222a:
"section 222a
(1) taking the plaintiff (petitioner) appeal proceedings back a proposal to
initiation of proceedings, the Court of appeal completely, or the extent of withdrawal
the proposal, the decision of the Court of first instance and the procedure stops; It
does not apply, if the appeal was filed late or someone to appeal
was not entitled to, or against a decision which is not permissible.
(2) if the other participants by withdrawing the application for serious reasons
disagree, the Court of Appeal decides that the withdrawal of the proposal is not effective; in
this case after the final resolution of the appeal continues.
(3) the provisions of paragraph 2 shall not apply in the case of withdrawal of the application for divorce,
nullity of marriage, or to determine whether the marriage is or is not. ".
309. In section 224, paragraph. 1, after the words "shall apply" shall be inserted the word "reasonably".
310. In paragraph 224. 3, after the word "procedure", the words "or the thing
refer factually to the competent court ".
311. section 226:
"§ 226
(1) if the decision Was revoked and was returned to the matter for further proceedings,
Court of first instance is bound by the legal opinion of the Court of appeal.
(2) if the decision Was annulled and the matter referred to the competent
the Court, in proceedings of Section 104a. From the results of the earlier
You can control when a new consideration of the case only based on recognition of the defendant
and from the identical factual claims of the participants; with the consent of the participants can be
based on also carried out some or all of the evidence. ".
312. the title of part four of the heads of the other:
"ACTION ON RECONSTRUCTION AND MANAGEMENT FOR ZMATEČNOST".
313. § 228 to 235, including the following titles:
"The admissibility of
section 228
(1) an action for recovery management participant may challenge final
a judgment or final resolution, which was decided on the merits:
and here) where the facts or evidence that decision without your guilt
could not use in the original proceedings before the Court of first instance or for
the conditions referred to in the provisions of section 205a and 211a also before the Board of
the Court, if they can bring on more favourable decision for him in the matter;
(b)) to be evidence that could not be executed in the main proceedings
before the Court of first instance or, under the conditions referred to in the provisions of section
205a and 211a also before the Court of appeal, if the cause for him
a more favourable decision in the matter.
(2) an action for the recovery of control also can challenge the final participant
the resolution, which approved the settlement, if it can be grounds for recovery in accordance with paragraph
1 apply the assumptions under which the settlement was approved; This is true
Similarly, for the final payment, a final judgment for the recognition
and a final judgment by default.
§ 229
(1) an action for participant may challenge the final decision in annulment
the decision of the Court of first instance or the Court of appeal, which was
proceedings completed, if
and) it was decided in the matter, which does not belong to the jurisdiction of the courts,
(b)) the one who performed as a participant in the proceedings, did not have the capacity to be
a participant in the proceedings,
(c)) had sued the appellant or not before the Court
Act (section 29 (2)) and was not properly represented,
(d)) was not filed on the initiation of the proceeding, although by law it was
should be,
(e)) or the associate judge ruled the excluded,
(f)), the Court was improperly cast, except instead of a single judge decisions
the Senate,
(g)), it was decided at the expense of the participant as a result of the crime
the judge or assessor.
(2) an action for participant may also attack zmatečnost final
judgment of the Court of first instance or the Court of appeal or the final
the resolution of these courts, which have been decided on the merits, or
a final payment (the Bills and cheques Act payment),
If
and in the same case were) previously initiated proceedings,
(b)) in the same case was before a final decision,
(c)), the Court of appeal was denied a final proposal on the regulation of performance
the decision on the ground that the obligations of the judgment, resolution, or
to execute the payment order cannot be imposed (section 261(a)).
(3) an action for participant may also attack zmatečnost final
judgment of the Court of appeal or the final resolution, which was
decided on the merits, if it was in the course of the proceedings in the wrong
the procedure of the Court able to act before the Court.
(4) an action for participant may also attack in annulment of a final decision
the resolution of the Court of appeal, which rejected the appeal or
the appeal was terminated.
Section 230
(1) the claim is not admissible against
and the judgments, which was) pronounced the divorce, that is
invalid or not;
(b)) against the decisions of the decision on costs, the time limit for the performance and
the provisional enforceability;
(c) the reasons for the decision) only.
(2) an action for recovery proceedings is not permitted against judgments and also
the resolution, whose cancellation or changes may be achieved otherwise, not counting
This appeal.
(3) it is not permissible for the action in annulment also against the resolution, which was to
decision on the application for zmatečnost.
§ 231
(1) an action may be brought for the reasons referred to in § 228 and 229 also side
If the participant entered into the original control. The action, however, is
inadmissible if it supported the participant does not agree.
(2) the public prosecutor's Office may bring for the reasons given in section 229 action
for only in annulment matters referred to in section 35, paragraph. 1. Will not enter the
the State Prosecutor's Office in the proceedings, in which it was issued the contested
the decision, the application period runs until one of the parties,
If at the same time enters the proceedings (section 35).
(3) the provisions of § 230 apply here mutatis mutandis.
Submission of the application
section 232
(1) the application must in addition to the General requirements (section 42 (4)) contain
reference to the decision against which it is directed, the extent to which it occurs,
cause of action (the reason for the invalidity of the proceedings or recovery), presentation
the facts, which indicates that it is filed in due time, the designation
the evidence, which has proven to be a justification for the action, as well as what
the one who filed suit, is seeking.
(2) the extent to which the decision, and the cause of action (the reason for the recovery
management or invalidity) may be changed only for the duration of time limits to
the lawsuit.
section 233
(1) an action for the recovery of the proceedings must be lodged within three months from the
the time when the one who proposes, learned about the reason of the renewal, or
Since that time, when it could apply; This period, however, will not end before
on the expiry of three months from the legal power of the contested decision.
(2) after three years from the legal power of the contested decision can be
Action for recovery proceedings is made only if the criminal judgment
or decision or any other administrative offence tort, on the
background in civil proceedings was granted the right, were later
under the relevant legislation.
section 234
(1) unless provided otherwise below, must be made for action in annulment
within three months of notification of the contested decision.
(2) by reason of the invalidity referred to in article 229, paragraph. 1 (a). (c)), you can claim
within three months, which begins to run on the date when the participant was
appointed representative or fallen off the obstacle, for which he could not before
the Court separately to act or for which could not appear before the Court,
no later than three years from the legal power of the contested decision.
(3) for reasons of invalidity provided for in § 229, paragraph. 1 (a). (e)), you can claim
submit, within three months from the time when the one who serves, the action of the
because of invalidity, however, learned of the latest three years after the legal power
the contested decision.
(4) by reason of the invalidity referred to in article 229, paragraph. 1 (a). (g)), you can claim
submit, within three months from the time when the one who serves, the action of the
because of invalidity.
(5) for reasons of invalidity provided for in § 229, paragraph. 2 (a). (c)), you can claim
submit, within three months from the final resolution of the Court of appeal on the
the rejection of the proposal on the regulation of the enforcement of the decision.
section 235
(1) the expiry of time limits for the application is not admissible.
(2) if the present action against the contested decision made also an appeal,
count the time limits under section 234, paragraph. 1 to 4 hours from the legal power
the contested decision to the decision of the Court of dovolacího. ".
314. under section 235 the following new section 235a to 235i, including the headings
added:
"The management and the decision on the application
§ 235a
(1) an action shall discuss and decide on the Court, that the case in the
the first instance. The action in annulment to be filed for the reasons set out in section 229
paragraph. 3 and 4, however, will discuss and decide on the Court, whose decision it was
challenged; This does not apply in cases in which it is to the proceedings at first instance
the competent District Court (article 9, paragraph 2 and 3).
(2) for the management of the application, the provisions shall apply mutatis mutandis to proceedings in the first
the degree, unless specified otherwise.
§ 235b
(1) If an action against the same decision on a retrial even
in annulment, the Court for the things to the common control.
(2) the provisions of section 92, 97 and 98 for the management of the application do not apply. For the management of
the application also does not apply to the provisions of § zmatečnost 107a.
(3) if it has been filed against the contested decision, the Court of appeal also
management of an interrupted pending the decision of the Court of dovolacího.
§ 235c
If it is likely that the application will be granted, the Court may order the postponement
enforceability of the contested decision on the matter.
§ 235d
The Court shall, within the limits in which the one who filed suit, seeks
to enable recovery of the proceedings or the annulment of the contested decision for the
in annulment. This range is not bound
and in cases) which can be used to initiate proceedings without the proposal,
(b)) in cases where a decision on the contested statement is dependent,
that action was not affected,
(c)), in cases where such common rights or obligations that
the decision must be applied to all participants, who act on
the one hand, and where acts of one for the other (paragraph 91.
2)
(d) of the Act) if it follows the way of the settlement of the relationship
among the participants.
§ 235e
(1) an action for the recovery of the proceedings the Court either refuses or resolution shall authorise the
recovery management.
(2) for the resolution of the Action in annulment, the Court either refuses or contested
the decision clears. If the decision for the reasons given in section 229, paragraph.
1 (a). and), b) and (d)) or in § 229, paragraph. 2 (a). and (b)),) and decides whether or not to
stop the proceedings, where appropriate, for referral to the authority, to whose
powers belong. If the reasons for which the decision was repealed
the Court of appeal, and the decision of the Court of first instance, the Court also
This decision, although it was not an action challenged.
(3) if the same decision Was challenged on the retrial and for the
in annulment, the Court may allow reasonable applied retrial, only
When an action in annulment, to reject or refuse to stop driving.
(4) if such extraordinary appeal Court repealed the contested decision, the Court of
the application stops.
§ 235f
If the Court dismisses the suit, therefore, that it is not permissible, or because it
someone who was not entitled to it, or because it was filed after the expiry of the
time limits calculated from the legal power of the contested decision, do not mandate a
the negotiations.
§ 235g
By enabling the recovery proceedings delayed enforcement of the contested decision.
Management and decision after authorisation or renewal after the annulment of the decision
§ 235h
(1) if it has been enabled, the recovery procedure, the Court of first instance, as soon as
the resolution has to be able to, thing again without further discuss the proposal;
taking into account everything became clear in the original proceedings, or when the
consideration of the claim. If the Court finds in the contested decision is factually correct,
the resolution rejects the proposal for its amendment. If the court annuls the contested
the decision on the merits of the changes, the new decision replaces the original
decision.
(2) if the contested decision in annulment, the Court annulled for the
the decision goes, the thing, as soon as the resolution has to be able to, without further
the proposal will discuss and decide; taking into account everything revealed
in the main proceedings or when discussing the case. The legal opinion contained
the cancellation of the resolution for a new hearing and decision of things
binding.
(3) paragraph 2 shall not apply if the proceedings terminated (section 235e paragraph.
2 the second sentence).
§ 235i
(1) in a new decision on the matter, the Court shall decide on the award of costs to the original
control and management of the application; on the reimbursement of costs of the original proceedings, however,
unless the decision after enabling recovery does not replace the original
decision.
(2) if the Court cancels the challenged decision and stop whether or not proceedings (§
235e paragraph. 2 the second sentence), and decides on the award of costs to the original
the proceedings.
(3) the legal relationship of someone other than a party to proceedings may not be new
a decision on the matter. ".
315. § 237 to 239:
"§ 237
(1) an appeal is permitted against the judgment of the Court of appeal and against the
the resolution of the Court of appeal,
and which decision was changed) of the Court of first instance on the merits,
(b)) which was confirmed by the decision of the Court of first instance, which the Court
the first instance has ruled on the merits, other than in an earlier judgment
(resolution) because he was bound by the legal opinion of the Court of appeal, which
the earlier decision set aside,
(c)) which was confirmed by the decision of the Court of first instance, if
the appeal is not admissible under subparagraph (b)) and dovolací the Court finds
the conclusion that the contested decision has on the merits after the legal page
of fundamental importance.
(2) an appeal referred to in paragraph 1 is not admissible
and in cases) which concerned the mansfeld statement it was decided to
ordering the implementation not exceeding Czk 20 000 and 50 000 in commercial matters
CZK; the accessory claims are disregarded,
(b)) in the matters governed by the Act on the family, unless it is a judgment of the
the limitation or deprivation of parental responsibility, or the suspension of its
performance of destination (denial) or irrevocable adoption parenting.
(3) the decision of the Court of appeal is legally essential
[paragraph 1 (b) (c))] in particular, addresses the legal question, which in
dovolacího court decisions have not yet been resolved, or that is
the courts of appeal or the Court of such extraordinary appeal rozhodována differently, or
resolves a legal question in the conflict with the substantive law.
§ 238
(1) an appeal is permitted against the resolution of the Court of appeal, which was
confirmed or changed the resolution of the Court of first instance, which was
decided
and of the application for the renewal of) management,
(b)) to reject the proposal to amend the decision (article 235h, paragraph 1, second sentence).
(2) the provisions of § 237 shall apply mutatis mutandis.
section 238a
(1) an appeal is permitted against the resolution of the Court of appeal, which was
confirmed or changed the resolution of the Court of first instance, which was
decided
and in the matter of) bankruptcy and settlement,
(b)) of for in annulment,
(c)) on the proposal for regulation of the enforcement of decisions,
(d)) in the matter of stopping the enforcement of decisions,
e) grant the hammering in the enforcement of decisions,
(f)) of the distributed nature of timesheet in the enforcement of decisions,
(g)) of the obligations of the purchaser referred to in section 336m paragraph. 2 (section 336n) and in section
338za paragraph. 2.
(2) the provisions of § 237 paragraph. 1 and 3 shall apply mutatis mutandis.
§ 239
(1) an appeal is permitted against the resolution of the Court of appeal, which was
and decision of the Court of first instance) repealed and the proceeding terminated
where appropriate, the matter was referred to the authority under whose jurisdiction they belong,
(b)) in the course of appeal proceedings decided about who is the procedural
the successor to the participant, terminating the proceedings under section 107, paragraph. 5, on the entry
in the management of the place of the earlier participant (section 107a), on accession
the next participant (section 92 (1)) and the confusion of the participant (article 92, paragraph 2).
(2) an appeal is permitted against a resolution also Court of appeal,
which was
and confirmed by resolution) of the Court of first instance terminating the proceedings under section
paragraph 104. 1,
(b)) confirmed or amended order of the Court of first instance, which was
decided about who is the successor of the participant of the process, stop
proceedings under section 107, paragraph. 5, about joining the management of the place of the earlier
participant (107a), on the accession of the next participant (section 92 (1)) and the
the confusion of the participant (section 92 (2)).
(3) an appeal is permitted against a resolution also Court of appeal, which
It was confirmed by the resolution of the Court of first instance to reject the application
(the application); This does not apply, if the proposal was rejected on interim measures
(§ 75a). ".
316. In paragraph 240. 1, the words "of one month from the legal power" shall be replaced by
the words "two months from the delivery".
317. In section 240, the following paragraph 3 is added:
"(3) the time limit is maintained even if an appeal has been lodged after
the expiry of the two month period, therefore, that it is conducted in the wrong dovolatel
the lesson of the Court of appeal. If the decision does not contain guidance on the appeal,
on the time limit for appeal or the Court in which it is served, or if the
the wrong lessons about the fact that the appeal is not admissible, the appeal may be filed
within four months of receipt. ".
318. section 241 is added:
"§ 241
(1) Dovolatel must be represented by a lawyer or notary; This does not apply,
If the dovolatel legal education, or if the person for him
referred to in section 21 or section 21a or 21b in the section, which has a legal education.
The notary can represent dovolatele only to the extent its
provided for by specific provisions. ^ 57)
(2) if the dovolatel does not have a legal education, the appeal must be drawn up
a lawyer, a notary public or a person referred to in section 21 or section 21a or article
21B, which has a legal education. ".
319. under section 241, the following new section 241a and 241b, including title
added:
"§ 241a
(1) an appeal shall be in addition to the General requirements (section 42 (4))
mentioned, against which decision points, to what extent and on what
the reasons for this decision, where appropriate, that the evidence should be
made to demonstrate because of the appeal, and what dovolatel seeks
(dovolací design).
(2) an appeal may be lodged only from the following reasons:
and control is affected by a defect), which could result in incorrect
the decision in the case,
(b) the decision is based on incorrect) legal assessment of a case.
(3) if the appeal Is admissible under section 237, paragraph. 1 (a). and (b)),)
where appropriate, the use of these provisions in accordance with the like (section 238 and 238a)
the appeal to submit also the reason that the decision stems from the fact
the finding, which is not in accordance with the contents of the file in a substantial part of the support in the
carried out by the evidence.
(4) in an appeal cannot be applied to the new facts or evidence in the case
the same thing.
Acts of the Court of first instance
§ 241b
(1) the provisions of § 208, paragraph. 1, section 209 and 210 shall apply mutatis mutandis.
(2) if the condition referred to in section 241, proceed similarly
According to § 104 paragraph. 2; This does not apply if an appeal is lodged out of time,
someone who is not entitled to an appeal, or is directed against the decision,
against which the appeal is not admissible.
(3) an appeal, which does not contain information about the extent to which, or from
What are the reasons for the decision of the appeal court can think of can be on these
the elements added just for the duration of the time limit for appeal. If in the
the time of the filing of the appeal of the condition referred to in section 241, running this time limit
until the expiry of the deadline, which was intended to fulfil this dovolateli
the conditions; However, when dovolatel asked before the expiry of the provisions of the
Representative (section 30), the time limit referred to in the first sentence again until the legal power
the resolution, which was decided on this request. ".
320. In paragraph 242. 3 the second sentence reads as follows:
"If the appeal is admissible, the Court shall take into account whether or not dovolací to defects referred to
in section 229, paragraph. 1, § 229, paragraph. 2 (a). and (b))) and article 229, paragraph. 3, as well as to the
other defects of the proceedings, which could result in incorrect decisions in
things, even if they were not applied in the appeal. ".
321. In § 243a paragraph. 3, the number "2" is replaced by "3".
322. In section 243b is inserted after paragraph 1:
"(1) the appeal admissible under section 237, paragraph. 1 (a). and (b))) or by
like the use of these provisions (section 238 and 238a) or pursuant to section 239
dovolací Court refuses, if it is manifestly unjust. "
Paragraphs 1 to 5 shall become paragraphs 2 to 6.
323. In section 243b of paragraph 1. 2 the word "Dovolací" shall be replaced by the words
"If Not referred to in paragraph 1, dovolací".
324. In section 243b of paragraph 1. 4, the words "for reasons mentioned in section 237 (a). and)
(b)), d) and (e)) "shall be replaced by the words" for the defects referred to in section 229, paragraph. 1 (a).
and), b) and (d)) and in section 229, paragraph. 2 (a). and (b))) ".
325. In section 243b of paragraph 1. 5 the text "section 218, paragraph. 1, § 224, paragraph. 1 "shall be replaced by
the text "section 218, paragraph 221, section 218a. 3, § 224, paragraph. 1. "
326. In section 243c for the číslovku "99" inserted text "and 107a".
327. In § 243c, the current text becomes paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) the resolution of the appeal, which was rejected because it was not found
permissible under section 237, paragraph. 1 (a). (c)) or under a similar use of
This provision (section 238 and 238a), might not be justified. The same applies,
If the appeal is rejected under section 243b of paragraph 1. 1. ".
328. In paragraph § 243d. 1, the first sentence shall be replaced by a semi-colon at the end of the period
and inserted the following words: "the provisions of section 226 applies here mutatis mutandis."; " Theorem
the second is hereby repealed.
329. In section 244, paragraph 1 reads:
"(1) in the administrative judiciary the courts on the basis of the review of actions or
appeals the legality of decisions of public authorities which
based, changed, cancelled or determine the rights or obligations binding
natural or legal persons, as well as the decisions of public authorities
about personal status. ".
330. In section 244, paragraph 3 is deleted.
331. In section 246, paragraph. 2 the words "the High Court has jurisdiction to
review of the decision of the central authorities of the Czech Republic "shall be replaced by
the words "the high courts are competent for the substantive review of decision
the central authorities of State administration ".
332. In section 246a, paragraph 2 reads:
"(2) in proceedings under this section, in the title of the third pension matters
insurance, pension and sickness insurance is locally
the regional court in whose area the ordinary court of the petitioner. ".
333. Article 247, paragraph 2 reads:
"(2) the condition of the proceedings referred to in this title is the exhaustion of the allowable regular
appeals and legal force of the decision. ".
334. Article 248 paragraph. 2 letter e) is added:
"(e)) preliminary decisions of administrative authorities or law enforcement nature, and
the decision, which governs the management of the administrative procedure ".
335. Article 250 paragraph 4 is added:
"(4) the defendant is the administrative authority, which decided in the last stage, or
the administrative authority to which its scope went. ".
336. Section 250a:
"sec. 250a
(1) the plaintiff must be represented by a lawyer or notary; This does not apply,
has a law degree, or if it is the person referred to in section
21 or paragraph in section 21a. 2 or § 21b, which has a legal education.
The notary may represent the applicant only in the scope of their permissions set
special legislation. ^ 57)
(2) if the condition referred to in paragraph 1, shall be
reasonably according to § 104 paragraph. 2; This does not apply if the action is brought
belatedly, someone who is clearly not entitled to it, or if it is directed against the
the decision, which cannot be subject to review by the Court.
(3) paragraphs 1 and 2 shall not apply in cases in which is given by g/l
the jurisdiction of the District Court, or in the case of review of the decision in
matters of pension insurance, pension or sickness
insurance. ".
337. In paragraph 2 of section 250d reads:
"(2) if the Court finds that there is no substantive or territorial jurisdiction, it shall refer the matter
the resolution of the Court. ".
338. In section 250d paragraph. 3, the words "the President of the Senate" shall be replaced by the word
"The Court" and before the word "unjustified" shall be inserted after the word "apparently".
339. In paragraph 250 g. 1 part of the sentence before the semicolon, the words "§ 250f,
the President of the Senate to summon the meeting participants "shall be replaced by the words" § 250d
paragraph. 3, § § 250i 250f or paragraph. 2 the Court shall authorise negotiations. "
340. In paragraph 2 of section 250i:
"(2) if the Court finds that the administrative procedure was initiated, in which the
contested a final decision reviewed, usually claim
interrupts and waits for the result; If the contested decision is final
repealed, amended or replaced by another, the control stops. ".
341. In section 250l paragraph. 1, the reference to footnote No. 35), and it
including a footnote No. 35), is repealed.
342. In paragraph 250 m. 2 the third sentence, after the words "the decision" following the word
"proper" and at the end of paragraph 3 the following sentence shall be added: "in matters of
pension insurance and pension security deadline
remitted under the conditions provided for in § 58 paragraph. 1. ".
343. In section paragraph 250q. 1 the text of § § "250f or 250o" shall be replaced by the text "section
250f, 250o or § 250 p ".
344. § 250s:
"§ 250s
(1) against the decision of the Court of appeal shall, unless the
unless provided otherwise below.
(2) in matters of pension insurance and pension scheme can be made
and the decision of the regional court) against the appeal, which will decide the top
the Court,
(b)) against the final decision of the High Court appeal, which
the Supreme Court shall decide,
(c)) against the final decision of the District Court or the High Court
the action in annulment for which will decide in the first instance by the District Court; about
the appeal of the High Court shall decide on the appeal, and the Supreme Court.
(3) in the appeal proceedings, the application for leave to appeal in annulment and proceed
According to the head of the first part of the fourth, the second and third of this law. In the appeal
You can state the new facts and evidence. ".
345. § 252:
"§ 252
(1) unless otherwise provided, is responsible for the regulation and implementation of the performance
the decision, to the activities of the Court before enforcement of the decision and the regulation
the Declaration of assets of the General Court of the principal.
(2) if the mandatory General Court or the ordinary court is not in the Czech
Republic, the regulation and the implementation of the decision of the competent court, performance
in whose district has a mandatory assets; with respect to the performance of the commandments decision
claims, the General Court of the debtor's bank or other
mandatory, where applicable, the Court in whose area the foreign debtor
mandatory in the Czech Republic located your business or organizational folder
of their business.
(3) instead of the mandatory General Court is to the regulation and implementation of the performance
the decision and the regulation of the activities of the Court before enforcement of the decision
the competent court, in whose district has a minor on the basis of the agreement of the parents
decision of the Court or, where appropriate, of other relevant facts, their
the residence, in the case of enforcement of a decision for the recovery of maintenance, minor
of the child.
(4) instead of the mandatory General Court and of the Court referred to in paragraph 3 is
to the regulation and implementation of the enforcement of a decision by the competent court,
and) in whose area the company is (part of), in the case of enforcement of a decision
the sale of the company (its part);
(b)) in whose area the property, if the performance of the decision
real estate, if there is no jurisdiction by letters).
(5) the Court with jurisdiction in accordance with paragraph 3 may after final performance regulation
the decision of serious reasons to transfer their jurisdiction to another
the Court, if it is in the interest of the minor. If the Court, on which the
jurisdiction transferred, migration, refer the matter to the
the decision, if the question of jurisdiction was not already committed to migration
the Court of appeal, the superior court; by the decision of this Court is to
bound and the jurisdiction of the Court. ".
346. In § 253 paragraph 1 reads:
"(1) the enforcement of a decision the court orders without hearing mandatory.
The eventual hearing may not be defeated by the purpose of the compulsory enforcement of the decision. ".
347. Article 253, paragraph. 2 the words "the President of the Senate" shall be replaced by the word
"The Court".
348. In section 254, paragraph 2 reads:
"(2) in the performance of the decision could not be interrupted the proceedings for reasons referred to in
part three of this law and waive the deadline. Also, you cannot submit
an action for the recovery of the enforcement of a decision; a claim may be filed for in annulment
only reason referred to in section 229, paragraph. 4. ".
349. In section 254, the following paragraphs 3 and 4 are added:
"(3) in the exercise of the Court's decision provides the participants, as well as other
the persons to which the decision relates to performance, lessons about their procedural
rights and responsibilities.
(4) an appeal may be given new facts and evidence. ".
350. In paragraph 255. 2 the words "joint ownership in bezpodílovém"
replaced by the words "or rights belonging to the common equity" and the word "stuff"
shall be replaced by the words "property values".
351. In paragraph 256. 2, after the word "authority", the words "or
a notary, ^ 76) ".
Footnote No. 76):
------------------------------------------------------------------
"76) § 6 of the law No 358/1992 Coll.".
352. In § 258 at the end of paragraph 1, the period is replaced by a comma and the following
with these words: "sale of a business and the establishment of a judicial Lien
the right to property. ".
353. In § 258, the following paragraph 3 is added:
"(3) the enforcement of a decision on the sale of the collateral for secured debt
make the sale of the mortgaged movables and real estate. ".
354. In section 259, the words "the decision", the comma shall be replaced by the dot and
the words ", and to the Declaration of his assets" shall be deleted.
355. In section 260, paragraph. 2, the words "where the financial institution has an account and what
is the number of the account "shall be replaced by" that banks, branches of foreign
Bank or thrift and credit cooperatives ^ 77) (hereinafter referred to as "cash
the Institute ") has its own accounts and what are the numbers of those accounts."
Footnote No. 77):
"77) Law No 87/1995 Coll., on savings and credit cooperatives and
some of the measures related to the law and the Czech
the National Council No. 586/1992 Coll., on income taxes, as amended
regulations. ".
356. In section 260, paragraph. 3 the word "intentionally" is deleted.
357. under section 260, the following new section 260a to 260h, including the title and
footnote No. 78):
"The Declaration of assets
section 260a
(1) who has an enforceable decision granted financial claim,
the Court may, before the filing of the application for enforcement of a decision to propose to
call the principal and asked him for the Declaration of assets.
(2) if the principal does not have the capacity to act in full or in
If the principal village, higher territorial self-governing unit or legal
the person, persons licensed pursuant to the options that you need to call
(section 260c).
§ 260b
(1) the proposal for the Declaration of assets to satisfy only connects to
true to the design documents certifying that his claim was not, or
could not be even with the help of the Court pursuant to section 260 met performance
the decision of the commandments of the account debtor in financial institution, and
copy of the decision, the certificate of enforceability or
any other deed necessary to the enforcement of the decision; a copy of the
the decision does not need to connect to, if a proposal submitted to the Court, that
about the case as the Court of first instance.
(2) the application for a declaration of assets cannot be accepted,
and if compulsory) was allowed within the bankruptcy protection
the time limit,
(b)) if the assets of the debtor is declared bankrupt,
(c)) if the debtor filed for compensation,
(d)) was introduced for the mandatory administration by a special Act.
§ 260c
(1) if the principal does not have the competence to legal capacity in full, the Court
instead of a mandatory summons to his legal representative.
(2) if the principal municipality or higher territorial self-governing unit, the Court
summons, to whom belongs under a special law is to represent
outwardly.
(3) If a mandatory legal person, the Court shall summon him who is the
the statutory authority; If the scope of the statutory authority of the more
people next to each other, the Court shall summon any of them. If the statutory
the authority consists of several persons, the Court shall invite its Chairperson; If it is not well
You can, you can summon any member of the authority which is competent to
to act on behalf of the legal person. In the case of a legal person in liquidation the Court
summons to the liquidator.
(4) the person who has been summoned to the Declaration of assets, is obliged to
to appear in court personally.
§ 260 d
(1) the summons to a declaration of assets must include the purpose of the hearing and the
lessons about the consequences if the statement will be rejected or if the
It will be presented a false or grossly distorted information. ^ 78)
If the Court thinks fit, invite the compulsory, its legal representative
or the person making the statement for the municipality, higher territorial self-governing unit
or legal person (hereinafter referred to as "the defendant"), to provide a list of
debtor, containing the information referred to in section paragraph 260e. 2, or
also the title deeds.
(2) a summons is delivered to předvolanému into their own hands. The summons
It must be delivered at least ten days before the date of the hearing.
(3) if the person who has been duly summoned to the Court, fails to appear without
timely and reasonable excuses, will be brought to court; about must be
defendant instructed.
§ 260e
(1) before the start of the hearing, the Court shall invite the permanent, to complete and
true data about the assets of the debtor, and instruct him again about the consequences of
failure to comply with this obligation and of the consequences of denying statements. ^ 78)
(2) in the Declaration of assets of the defendant is obliged to indicate the
and the wage payer) or other income deductions from wages and slow
the amount of this claim,
(b)) of the Constitution, for which the money has, the amount of the accounts receivable and account numbers,
c) borrowers, which has other pecuniary claims, the reason and the amount of these
Receivables,
(d)) of the person to whom it has other property rights or assets,
their reason and value (section 320),
e) movables (co-ownership share on them) the compulsory and where,
where appropriate, who are located; the same is true about the schedules referred to in §
334 and the securities referred to in § 334a,
(f)), real estate (co-ownership share on them) the compulsory
g) mandatory and its parts, and where it is located.
(3) a statement of the assets referred to in paragraph 2, the court draws up a protocol;
the list of assets, which shall submit to the defendant, are annexed to the Protocol,
If the defendant declares that contains a complete and true data, or
If the list in the log. In addition, the Protocol shall
the contents of the lessons provided by the Court (paragraph 1) and the express declaration
summoned to appear that in a statement said the only complete and correct information about the
assets of the debtor. The Protocol shall be signed by the judge, the writer and the defendant.
(4) the Acts of the Court under this provision may be made only by a judge.
§ 260f
(1) on the hearing of the Permanent Court shall inform the authorized; legitimate can
předvolanému ask questions only with the consent of the Court.
(2) everyone who is against mandatory enforceable decision granted
financial debt, can access to the file on the Declaration of assets
compulsory and make extracts and copies.
section 260
(1) the Court shall refrain from declarations of assets, if required, before
the start of the interrogation proves that claim legitimate fulfilled
(to satisfy), or if he took before the commencement of the hearing
its proposal.
(2) if declared in the course of the hearing, that does not insist on it, to
defendant argued for more assets of the debtor in the court hearing of the
Permanent further does not continue; in the log indicate only one thing
the debtor who is summoned to the Declaration.
(3) has made a mandatory declaration of his property at the time of 6 months before the
filing of the application (section 260a (1)), the Court shall invite the mandatory new
the Declaration only if it becomes clear that the equity ratios
compulsory changed; This does not apply if the interrogation was summoned to appear
terminated in accordance with paragraph 2.
§ 260h
The legal acts of the debtor relating to his property, which he made after the
předvolanému was delivered the summons to the Declaration of assets (TIG)
are authorized to be ineffective.
section 256, paragraph 78). 1 (a). d) of Act No. 140/1961 Coll., the criminal code, in the
the text of Act No. 253/1997 Coll. ".
358. In section 261, paragraph. 1 the fourth sentence:
"If the performance of the Proposed decision of the commandments of the account receivable
financial institution, the financial institution in the design and the number of the account, from which the
the claim should be written off; If a legitimate multiple accounts compulsory for
the same financial institution, indicate the order in which one has to be
the receivable written off. ".
359. In § 261 at the end of paragraph 1, the following sentence shall be added:
"If the performance of the Proposed decision of the commandments other cash
the claims in the proposal marks a person against whom a claim is required
(the debtor of compulsory), and indicate the reason for the claim. ".
360. under section 261 the following new section 261(a), which reads as follows:
"section 261(a)
(1) enforcement may be required only if the decision of the
designation of authorized and required the person defining the scope and content of
the obligations to which enforcement was designed, and determine the
the time limit to comply with the obligations.
(2) if the decision of the Court does not specify the time limit to comply with the obligations
It is considered that the obligations imposed by the decision to be met within three
days and, in the case of the evacuation of the apartment, within 15 days of legal power
decision.
(3) in order to comply with an obligation under decision more mandatory and if the
divisible performance, obligation, unless the decision provides otherwise,
they are committed to meet all required equally.
(4) the provisions of paragraphs 1 to 3 shall not apply with respect to a decision on the sale of
pledge. The performance of this decision may be required, if the
designation of authorized and required the person, and the amount of the secured claim
and its accessories.
361. In section 262, paragraph. 1, the words "to ensure its compliance with at least" be replaced by
the words "is ready to fulfill it."
362. In section 262, paragraph. 2, after the word "authority", the words "or
a notary ^ 76) "and the words", where appropriate, fulfilled at least ensure that their
mutual obligations "shall be replaced by the words" meet their mutual
obligation, or is ready to fulfill it. "
363. under § 262, the following new section 262a, which including the footnote.
79):
"section 262a
(1) the enforcement of a decision on the assets belonging to the joint property of the spouses may be
required when it comes to pry out the commitment, which was created for the duration of the
the marriage of one of the spouses. For the assets belonging to the common
assets of the debtor and his or her spouse for the purposes of regulation enforcement
also considered to be assets that do not form part of the common property of the spouses
just because the Treaty was narrowed by the law provided for a range of common
the assets of the spouses or that the Treaty was reserved for the creation of joint property to
the date of the dissolution of marriage. "^ 79)
(2) for the enforcement of a decision shall be taken into account to the Treaty, which was narrowed
the law provided for a range of common property of the spouses assets
He belonged to the common equity at the time to be recovered. The same thing
true, if the law provided for a range of common property of the spouses
the Treaty extended to assets of the debtor who did not belong to the common
the assets to be recovered at the time.
143a) § 79 of the civil code. ".
364. Article 263, paragraph. 1 the words "enough to meet the legitimate"
replaced by the words "legitimate and suggested what according to the decision just to
meet ".
365. In section 264 paragraph. 2 the words "the President of the Senate" shall be replaced by the word
"The Court".
366. In section 265, paragraph. 2 the first sentence reads as follows:
"Individual acts in the implementation of the enforcement of a decision may be
an employee of the Court (bailiff), lays down the law or special
legislation, or to him by President of the Senate; When your
the activities shall follow the instructions of the President of the Senate. ".
367. In section 265, the following paragraph 3 is added:
"(3) if necessary, to the executor in the context of the implementation of operations
enforcement filed suit, or other proceedings for
Court or other authority shall do so on behalf of the State. ".
368. In section 267, paragraph. 1 the word "things" be replaced by the word "property".
369. In section 267, paragraph 2 reads:
"(2) Likewise, in accordance with paragraph 1 shall, if mandated by the performance
the decision affected the assets belonging to the joint property of the spouses or
that is considered part of the common property of the spouses (section 262a (1)),
However, the obligation imposed by the duration of the marriage was just one of the
the spouses when the use of the property, which
and a narrowing of the Treaty), pursuant to the statutory scope of common property
spouses or according to the contract of reservation of the emergence of a common equity at the date of
the demise of the manželství79) did not belong to the common property of the spouses, and
the creditor was to be recovered at the time of the content of the contract, I know
(b)) belonged to the principal only, therefore, that it has acquired prior to the marriage,
Heritage gift for property belonging to his exclusive property or
According to the legislation on the restitution of property that was owned prior to the
the marriage or that was released as a successor in title
the original owner, or that are used by their nature only his personal
need. ".
370. under section 267 section 267a is inserted, which read:
"section 267a
(1) according to the third part of the Proposal is to be invoked against the creditor denial
authenticity, above, group or order some of the claims registered to
distribution of proceeds or otherwise uspokojovaných in the performance of the decision there,
where was the enforcement of the decision of the wages, the commandments
receivables or other rights, or by the sale of movables, real estate and
of the undertaking. Unless it is a thing belonging to the jurisdiction of the Court (section 7 (1)),
decide on the authenticity or the amount of the claim, the competent administrative or other
authority.
(2) the decision on the proposal referred to in paragraph 1 is effective against all
legitimate, against other creditors of the debtor who is involved in the management of
enforcement, and against compulsory. ".
371. In paragraph 268. 1 (a). (f)), the words "thing, which" shall be replaced by the words
"the asset for which".
372. Article 268, paragraph. 1 (a). (h)), the words "the Court was declared"
shall be replaced by the word "is".
373. In section 270, shall be inserted after paragraph 2, a new paragraph 3 is added:
"(3) the costs of the implementation of the performance of the State's decision. Authorized for
which are the conditions for exemption from court fees, the Court may
Save to an advance on the costs of the implementation of the composed performance decision. ".
The former paragraph 3 shall become paragraph 4.
374. In section 272 paragraph. 1 the words "§ 252 to 271" shall be replaced by "section up to 252
269 "and číslovku" 94 "with the words" paragraph. 1 the first sentence ".
375. In section 272 paragraph. 2 the words "the President of the Senate" shall be replaced by the word "Court"
and after the word "in writing" shall be inserted the words "or orally".
376. In section 272 paragraph. 3, the words "also requests the President of the Senate usually
the competent authority of the municipality and the authority executing the socio-legal protection of children,
to ' shall be replaced by the words "the Court may also request the competent authority of the
the socio-legal protection of children, to lead ".
377. § 273:
"§ 273
(1) If a challenge under section 272 paragraph. 2 No, the Court shall authorise enforcement
the decision establishing the
and anyone who does not comply with) voluntarily a court decision or court approved
the agreement on the education of the minor children, where appropriate, adjusting the contact with them
or the decision on the return of the child, it saves fine; the performance of the decision
the imposition of the fine may be required again, each of the fine shall not
exceed 50 000 CZK and the fall of the State, or
(b) order the withdrawal of the child), to whom, according to the decision or agreement
be, and its delivery, who was referred to in the decision or agreement
entrusted to or deallocate, or whoever the decision or agreement
recognize the right to contact with the child for a limited period of time.
(2) the Court may order the enforcement of a decision referred to in paragraph 1 (b). (b))
previous challenges pursuant to section 272 paragraph. 2 if it is beyond doubt that the challenge cannot
lead to the mandatory to voluntary implementation of the Court decision or court
approved the agreement on the education of the minor children and adjusting the contact with them
or the decision on the return of the child, or if it has
a court decision or court approved the agreement on education of minors
the children or the decision on the return of the child are extinguished.
(3) the regulation of the enforcement of the decision referred to in paragraph 1 (b). (b)) is mandatory for the
each. The Court it shall carry out, in conjunction with the competent national authorities.
(4) if required by the implementation of the enforcement of the decision of the child's detention, that is,
who is entitled to make a performance tour of the apartment and other rooms
debtor or any other person, if it is possible to assume, that in them
the child is located; for this purpose, shall be entitled to grant access to the apartment and
another room of the statutory or other persons.
(5) the competent for the performance of a judicial decision or a court-approved agreement
on the education of the minor children and adjusting the contact with them, or the decision on the
return of the child, the Court is referred to in section 88 (a). c).".
378. In the second subparagraph of section 273a shall be inserted. 2, číslovku "273", the words "paragraph. 1 to 3
and 5 ".
379. In section 274 is the word "the", the words "with the exception of section 261(a)
paragraph. 2 and 3 ".
380. In section 274 letter a) is repealed.
Letters b) to (h)) shall become letters and) to (g)).
381. In section 274 (d)), including footnotes, no 80):
"(d)) of notarial registrations for enforceability of commitments listed under the
Special Act; ^ 80)
80) section 71a to 71 c of law No 358/1992 Coll., as amended by Act No. 30/2000
SB. ".
382. In section 274 (b). (g)), the clutch "and" is replaced by a comma and the word "settlements"
shall be inserted after the words "and documents".
383. In section 276, the words ' the decision ' shall be replaced by the words "granted performance
the decision enforced ".
384. In paragraph 277. 1, the word "General" shall be replaced by the word "public".
385. In paragraph 277. 2 the word "worker" shall be replaced by
"employee".
386. Article 279, paragraph. 2 (a). (d)), the words "the claim refunds on overpayments
benefits of sickness insurance and pension scheme, as well as
the claims of compensation for the contribution to the maintenance of the child and the contribution to the reimbursement of
the needs of the child entrusted into foster care. "shall be deleted.
387. In paragraph 279. 2 the letters e), (f) and (g))) are added:
"e) refund overpayments on benefits of sickness insurance,
pension insurance and pension security,
(f)) claims social security and a contribution to the State
employment policy and health insurance claims
insurance,
(g)) claims compensation for the contribution to the maintenance of the child and the contribution to the
cover the needs of the child entrusted into foster care. ".
388. In section 287, paragraph. 2 the second sentence, the words "the President of the Senate" shall be replaced by
the word "Court".
389. In paragraph 290. 1, the words "the President of the Senate" shall be replaced by the word
"The Court", for the words "the payer of wages" are deleted the comma and the word "authorized" and
the word "wages" shall be inserted after the words "either or".
390. In paragraph 294. 1 the first sentence, the word "citizen" shall be replaced by
"employee" and the word "citizen" shall be deleted. In the second sentence, the word
"citizen" shall be replaced by the word "employees".
391. In section 297, paragraph. 3 the word "citizen" shall be replaced by "mandatory".
392. In 299 paragraph section. 1, after the words "on the performance of the decisions of the rainfall"
the words "salary".
393. In 299 paragraph section. 2 the words "citizen" shall be replaced by "physical
the person who ".
394. Section 303 and 304, including the title of the following:
"The commandments of the account at the financial institution
Section 303
(1) the enforcement debtor claims from the account at the financial institution
You can order on the debtor of the receivable from current, deposit, or
another account in any currency for the financial institution acting in
the territory, unless the law otherwise.
(2) the provisions of the commandments of the account cannot be used, if it is
about deposits on their books and certificates of sheets or other forms of
deposits.
section 304
(1) in the regulation of the enforcement of the decision of the Court of account receivable commandments
specifically, cash to Institute from the time when he will be the resolution of the
served to the mandatory account up to the amount to be recovered and its
Accessories whether cash, not counting on them
and with them, or otherwise abused. If the court orders the execution of the decision on the more
statutory accounts, indicate, in a resolution also the order in which of them will be
recovered debt written off.
(2) the Court shall deliver a resolution on regulation of the enforcement of the judgment creditor,
compulsory and guided by Institute. Monetary Institute is delivers to its own
the hands. Statutory resolution must not be delivered earlier than cash
of the Institute.
(3) Mandatory loses when it is guided by the Institute delivered a resolution
on the regulation of the enforcement of a decision, the right to choose the cash account,
use these resources to the payments or otherwise dispose of them, and to
the amount to be recovered and its accessories.
395. under section 304 the following new section 304a, which reads as follows:
"section 304a
(1) the prohibitions referred to in § 304 paragraph. 1 and 3 shall not apply if the cash
resources that are intended for the payment of principal of wages (salaries), refunds
wages (salaries) and additional benefits, which are replaced by remuneration for work, his
employees, payable in the pay period closest to the following
the date when the cash was delivered to the Institute of the resolution on regulation performance
the decision; wages (salaries), compensation of wages (salaries) and the implementation of that
replaced by remuneration, payable in additional franking dates from
the claim of the account until the demise of the enforcement of decisions.
(2) the funds referred to in paragraph 1, the financial institution shall pay the
If the principal shall submit its written statement indicating
the purpose of the payment, the total amount and the names of the employees, stating the amount of wages
(salary), compensation of wages (salaries) or other transactions which are replaced by the
the reward for the work which they are to be paid; the signature on the statutory
the Declaration must be officially verified.
(3) the payment of the funds of the Court shall notify the principal financial institution.
The Court is obliged to payment of mandatory wage (salary), compensation of wages (salaries)
or other obligations which are replaced by remuneration to its employees
charge, if the Court imposes. ".
396. section 305 to 309, including footnote No. 81):
"§ 305
About the fact that the resolution on the regulation of the enforcement of the decision has acquired the power to
the Court shall notify the beneficiary and the financial institution; Monetary Institute notification
delivered into their own hands.
§ 306
(1) the regulation of the enforcement of the decision shall apply to the amount to be recovered
the claim and its accessories to the claim debtor account
the amount, in what were the funds on the account at the time in which it was
Monetary Institute delivered a resolution on regulation enforcement, as well as
on the claim of the account, which was created by the account ran out of money
additional resources, however, at the latest within six months from the date on which it was
the Institute received notification of cash according to § 305; obligation to cash
the Institute carry out adjustments under the special law clearing ^ 81) and
the provisions of section 304a by are not affected.
(2) Making (section 307, 308, § 309a, paragraph 1 and 3) enforcement
shall cease.
section 307
(1) enforcement of the decision shall be enforced by writing off debts and its
accessories from your account and the payment to the creditor. If the performance of the
the decision taken on multiple accounts of the debtor performs the cash Department of performance
the decision of the individual accounts in accordance with the order referred to in the resolution on
regulation enforcement.
(2) the financial institution performs the execution of the decision on the day following the
the delivery of the notification according to § 305; However, if the claim is not mandatory from the
due account, the cash Department of execution of the decision on the date,
following its due date. Enforcement of the decision shall be made and
then, it is sufficient if the claim compulsory from the account only to a partial
the satisfaction of legitimate.
(3) if in accordance with paragraph 2 of the claim recovered and its accessories
fully recovered, the Monetary Institute decision also on the day of performance
following the date on which the account runs out of funds in such
the amount which is necessary to the full satisfaction of the legitimate. In the absence of
it within six months from the date of service of the notification under section 305, the
cash Department of execution of the decision regarding the additional cash received
resources also on the day following the expiry of the said period,
where applicable, the creditor shall communicate that to the account debtor not cash
resources. The claim of the account and the authorized financial institution to write down her
worth it, even if it is not sufficient to its full satisfaction.
(4) the depreciated claim from the account debtor's financial institution shall be obliged to
authorized to pay, even if the financial claim against him, which
could otherwise set off.
(5) making the enforcement of a decision with the Monetary Institute shall relieve the extent
the performance of paid authorized their obligations to the debtor.
§ 308
(1) if the Court Allows the postponement of execution of a decision (art. 266) and if the cash
the Institute delivered a resolution on authorisation of the delay before the performance,
does not cash Department of enforcement of the decision until he Court
served notice that the deferment was cancelled.
(2) if the Court stops the execution of the decision, shall expire on the date of legal power
resolution on the cessation of the performance of the obligations of the financial institution under section 304
paragraph. 1 and the effects of the enforcement of a decision as referred to in section 304, paragraph. 3, § 306 and
307; If the execution of the decision stopped partially, mutatis mutandis, to
the affected part of the claims from the account. About the resolution on stopping
(partially stopping) performance decision acquired the authority of court
the Monetary Institute of inform.
section 309
(1) if the execution of the decision from the same account claims the commandments ordered
to pry more receivables, individual claims under the
of your order.
(2) the order of claims for which the enforcement decision is governed by the
the date when the cash was delivered to the Institute of the resolution on regulation performance
the decision; If the same day he delivered a resolution on regulation performance
the decision for several claims, such claims have the same order.
It is not enough if the claim of the account debtor to satisfy all recovered
the claims of the same order, be paid fairly; the provisions of § 316
paragraph. 2 and 3 shall apply mutatis mutandis here.
81) section 20b of Act No. 21/1992 Coll., on banks, as amended by Act No. 165/1998
SB. ".
397. the section is inserted after section 309 309a, including footnotes, no.
82) to 84):
"§ 309a
(1) If a receivable from the debtor's account is stopped ^ 82) or referred to
ensure the claim of the creditor or debtor ^ 83) converted to ensure
the mandatory obligation for the benefit of his creditors ^ 84) and if these rights
an earlier order than the claim, for which enforcement of the decision,
You can exercise these rights commandments decision concerned the claim of the account,
where appropriate, in part, to perform only if the rights lapse, without
would the funds from the account on the basis of completely selected. In
this case, the financial institution enforcement performs under section 307
paragraph. 2 and 3, as appropriate, on the day that follows after that, what about this
the demise of the learned.
(2) the rights referred to in paragraph 1 of the later order than the claim,
for enforcement of the decision, when the implementation of enforcement
no account to them.
(3) the rights referred to in paragraph 1 of the same order as the claim,
for which it was ordered, and if these rights
untouched part of the claims from the account to which the regulation applies performance
the decision (section 306 (1)), to the full satisfaction of the claim to be recovered,
the claim to be recovered shall be paid, where appropriate, its unsettled part, relatively;
the provisions of section 316, paragraph. 2 and 3 shall apply mutatis mutandis here. Enforcement of monetary
the Institute performs Similarly, pursuant to § 307 paragraph. 3.
(4) For the order of the rights referred to in paragraph 1 is a crucial day of their
the emergence of.
82) section 151h of the civil code. section 72 of Act No. 337/1992 Coll., as amended by
Act No. 255/1994 Coll.
83) section 554 of the civil code.
84) § 553 of the civil code. ".
398. In section 310, the words "legal persons" shall be deleted and the word "provisions"
shall be replaced by the word "provisions".
399. In section 311, the words ' stores provisions of section 305, 308 and 309 "are replaced by
the words "impose the provisions of § 304 paragraph. 1 and section 307 to 309a ".
400. § 312 to 314, including heading shall be inserted:
"The commandments of other claims
§ 312
(1) the enforcement debtor other than the claims of the compulsory
the claim of the account at the financial institution or claim referred to in 299 can be
required even in the case that the claim becomes due and payable to the mandatory only in the
the future, as well as in the event that the principal will be partial claims
the same rule of reason gradually emerge in the future.
(2) the enforcement of the decision affects the amount of the debt receivable of the compulsory
legitimate and its accessories, for which it was ordered.
section 313
(1) in the regulation of the enforcement of a decision the Court compulsory, to prohibit its
the claim however was loading. The debtor a statutory court forbid from
When he was delivered to the regulation enforcement, compulsory
his debt paid off, made it a set-off or otherwise
fed.
(2) the Court shall deliver a resolution on regulation of the enforcement of the judgment creditor,
compulsory and debtor of compulsory. The debtor of compulsory is delivers to
your own hands. Principal may not be delivered before the debtor
principal.
(3) the Principal loses the right to claim at the time when the debtor was
the statutory resolution on regulation performance delivered the decision.
Section 314
As soon as the party becomes a resolution on regulation of enforcement of legal power,
It shall inform the Court of the debtor's legitimate and mandatory; the debtor
mandatory court delivers the notification into their own hands. "
401. under section 314, the following new section 314a and 314b:
"section 314a
(1) enforcement of the decision shall be carried out so that the debtor of compulsory legal
the power of a resolution on regulation performance of pay authorized claim in the
the extent to which the performance affected by the regulation.
(2) the debtor shall pay the claim if the debtor is no longer payable,
authorized on the day following the delivery of the notification according to § 314;
If the claim is not compulsory in this day not yet due, pay it
the creditor, as soon as it becomes due.
(3) payment of the creditor, the debtor shall be exempted from the mandatory to the extent
the provided implementation of their obligations to the debtor.
section 314b
(1) if the claim has been referred to the mandatory to ensure accounts receivable
creditor debtor ^ 83) and if this right earlier than order
the claim, for which enforcement of the decision, the enforcement of the decision
This concerned the claim, or part thereof, to perform only
If the right to disappear, without the claim was completely paid
creditor debtor. In such a case the debtor a statutory claim
(its part) shall be paid to the creditor until the extinction of the rights of the learned;
the provisions of § 314a paragraph. 2 this does not prejudice.
(2) if the right referred to in paragraph 1 of the later order than the claim,
for enforcement of the decision, when the implementation of enforcement
It is to be taken into account.
(3) if the right referred to in paragraph 1 of the same order as the claim for
which was the enforcement of the decision, and if this law intact
part of the claim, which affects the regulation of the enforcement of decisions (article 312
paragraph. 2), to the full satisfaction of the claims to be recovered shall be recovered
claim, or its part, relatively unsettled.
(4) For the order of the rights referred to in paragraph 1 is a crucial day of his
creation. ".
402. In § 315 paragraph. 1 the first sentence reads as follows:
"If the debtor does not pay the statutory lawful claim under § 314a
paragraph. 2, as appropriate, in accordance with section 314b, paragraph. 1 and 3, it may be legitimate to claim
on its own behalf on the debtor of compulsory payment of the claims in the proceedings
According to the third section, where appropriate, in accordance with a special Act. ".
403. In section 317 at the end of paragraph 2 shall be deleted and the following dot this
the words, "and State social aid benefits paid under a special
the law ^ 85) on a one-time basis. ".
Footnote No. 85):
"85) Act No. 117/1995 Coll., on State social assistance, as amended by
amended. ".
404. Article 317, paragraph 3 is deleted.
405. § 318:
"§ 318
Receivables of natural persons who are entrepreneurs, arising from their
business activities, are the subject of enforcement only two fifths;
However, if the proposed execution of the decision for one of the priority
the claims referred to in § 279, paragraph. 2, subject to the decision of the three performance
fifths. The order of priority for payment of debts shall be adequately
the provisions of § 280 paragraph. 2 and 3. ".
406. In paragraph 319. 1 the first sentence reads as follows:
"The claims are subject to a royalty enforcement, if the mandatory
the author, just two-fifths; However, if the proposed decision for performance
one of the priority of claims referred to in § 279, paragraph. 2, subject to the
the performance of the decision of the three-fifths. ".
407. Article 319 paragraph. 2 the words "patent" shall be deleted.
408. Article 319, paragraph 3 reads:
"(3) the provisions of paragraphs 1 and 2 shall apply, mutatis mutandis, to the rights of the
performers and of the rights of agents of the industrial property subjects. ".
409. § 320 including title:
"The affection of other property rights
section 320
(1) the execution of the decision to order the disabilities rights than other wages,
claims or claim referred to in section 299, goes to the right,
which has any commercial value, and that is not associated with the person of the statutory and
It is transferable to another.
(2) On the enforcement of the decision shall apply mutatis mutandis to the provisions of § 312
paragraph. 2, section 313 to 316, unless specified otherwise.
(3) if the right to statutory release or delivery of movable property,
shall transfer these things always Court; issue and delivery of the goods recovered by the way
referred to in § 315 paragraph. 1 executor. The Court then proceeds by analogy with the
the provisions of § and § 328 326b to 334a. ".
410. the following section is inserted after section 320 320a, which including the footnote.
86):
"§ 320a
(1) shall lapse if the regulation enforcement in accordance with § 320 paragraph. 1 participation
mandatory in a commercial company or cooperative, or deleted if it
trading company, 86) affects the performance of a statutory claim decision
from the right to a share of the settlement, or the right to a share of the winding-up
the balance.
(2) on the power of decision for the claim of the right to a share of the settlement,
where appropriate, the right to share in the surplus upon liquidation shall apply mutatis mutandis
the provisions of § 312 paragraph. 2, section 313 to 316.
§ 88, paragraph 86). 1 (a). (f)), section, paragraph 93. 2, § 102, paragraph. 3, § 148 paragraph. 2 and
§ 231 paragraph. 1 of the commercial code. ".
411. In Section 322, paragraph. 1, the words "or to its business," shall be deleted.
412. In Section 322, the following paragraphs 3 and 4 are added:
"(3) If a principal contractor, not the performance of the decision relate to the
things from his ownership of that necessarily needs to exercise its
business activity; This does not apply if the hitch on the pledge
right, and if the claim is legitimate, that this
Lien.
(4) the provisions of paragraphs 1 and 3 shall apply also in the case, which is required
co-owner. ".
413. In section 323 paragraph. 2, after the word "flat", the words "(the seat, place
business) ".
414. In paragraph 325. 1 the first sentence, the word "Regulation" is replaced by
"The resolution on regulation", and in the second sentence, the words "regulation performance
the decision "shall be replaced by the word" resolution ".
415. section 325a:
"section 325a
If required by the purpose of the enforcement of the decision, is the one who conducts the performance,
shall be entitled to make a personal inspection of the principal and a tour of the apartment (Headquarters,
the place of business) and other rooms of the compulsory, as well as his Cabinet, or
other mailboxes that reside in them, which has required its assets; for this
the purpose is hereby authorised to ordain to the apartment or into another room of the compulsory
access, or closed cabinets or other clipboard open. ".
416. A section is inserted after section 325a 325b is added:
"§ 325b
(1) Compulsory will allow those who carried out the execution of decisions, access to
all the places where he has his movable assets are located.
(2) Each, in which the object has required his apartment (registered office, place of business)
or any other of your room, is obliged to acquiesce to one who performs performance
the decision, made a tour of the apartment and other rooms.
Fails-if this obligation is the one who conducts the performance, be entitled to make
the apartment or other room mandatory access. ".
417. § 326:
"§ 326
(1) the Court in the apartment (the seat, place of business) of the compulsory or on another site,
where the required their stuff, prepare for things that could be
sold, to the extent that the proceeds of the sale to cover the things
be enough to satisfy the legitimate claims to be recovered, together with the costs
enforcement of the decision. Drafted will be the things that required can
probably missed and which are the easiest to sell; things quickly
spoil, will be drawn up, only if there is not enough other things and if it can be
ensure a quick sale. Drafted cannot be movable things
forming accessories real estate.
(2) the court draws up and mandatory, that with someone else, but only
then, if such things will be disposed of at the same time.
(3) if the execution of the decision ordered the parties to certain movable assets
compulsory, sepíší only the matters referred to in the resolution on regulation performance
decision.
(4) a legitimate has a right to be present an inventory of things. The inventory is
they make things true explicitly declares that they do not have to be
drafted.
(5) Inventory make up about other things, if the proceeds of the sale to cover
things are not enough to satisfy the legitimate claims or if the
ordered more enforcement by sale of movable assets compulsory.
(6) if necessary, pick up the one who performs an inventory, to act in an appropriate
person, by a representative of the authority of the municipality options. ".
418. under section 326, the following new section 326a and 326b:
"§ 326a
If you fail in the apartment (the seat, place of business) of the compulsory or on another
Court spot to write any thing, it shall notify the Court of the creditor and the
invite him to the Court marked the place where things are compulsory, which would
they can be sold. If the Court within the time limit for such
a place to communicate or if it marked no
things written, the Court stops the execution of the decision.
§ 326b
(1) things that spoil quickly, removes the statutory court and sells out
auction immediately after they were drafted.
(2) failure to sell these things and if not taken is authorised for
the price you determine the Court returns is mandatory. ".
419. Article 327, paragraph 1 reads:
"(1) on a proposal from the authorized court will take care of appropriate collateral assets
the purpose of the inventory of things. ".
420. In sections 327, the following paragraph 3 is added:
"(3) the disposal of movable assets, which were not secured, shall be retained on the
the place where they were drafted, and identified so as to indicate which
the Court were drawn up and in what things performance decision. ".
421. In the second sentence of § 328:
"The estimate makes the Court; expert pick up if in simple cases
not enough to estimate conducted by the bailiff when writing things. ".
422. In section 328, the existing text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) the estimate referred to in paragraph 1 is not judicial decision.".
423. § 328b:
"§ 328b
(1) the Written stuff they sell at auction.
(2) the auction can be carried out in a place where things are drawn up, or in the Court of
or at another suitable place. The Court, if need be, shall ensure that the
written things were transported to the place where the auction is held. If
have not been secured, it is obliged to issue a mandatory written things to auction;
If they do so voluntarily, he will be removed.
(3) the Court shall notify the auction year compulsory, compulsory husband, authorized
and the authority of the commune in which the circumference of the auction will be performed and in which circuit has
principal place of residence. In addition, the auction Commission shall publish in the site of the year
the usual.
(4) the executor carries out the Auction, which auction draws up a protocol. The judges,
the staff of the courts, statutory and compulsory auction shall not husband. ".
424. In section 329, paragraph. 1, the words "two thirds" are replaced by the words "one
a third ".
425. In section 329, paragraph. 2 the second sentence, after the word "Decides" shall be inserted after
the words "unless agreed otherwise, these auctioneers".
426. In section 329, paragraph. 3, after the words "cease to exist", the words "the pledge and the
retention rights and more ".
427. In paragraph 330. 1 the word "creditors" be replaced by the words "all
authorized ".
428. In paragraph 330. 3, the words "two thirds" are replaced by the words "one
a third ".
429. In section 330, the following paragraph 4 is added:
"(4) the things that have been excluded from the list will return
compulsory. If required, these things take or stay is not
I know, the Court shall proceed mutatis mutandis under section 185g; the time limit under section 185g paragraph. 1
shall run from the date of the resolution of the legal power to exclude things from the exercise. ".
430. section 331:
"§ 331
(1) if the performance of the sale of movable assets ordered just for
one claim, the Court after a collision cost of sales paid authorized
the achieved yield.
(2) if the execution of the decision Was the sale of movables should be ordered
gradually for several claims, the Court shall pay the cost of the sale after a collision
each of the qualifying proceeds of those things which were written in the
benefit of its claims. Proceeds from the things that have been written up in the
getting more of the claims shall be paid pursuant to the order.
(3) if the proceeds Exceed the claim made, for which the performance
the decision ordered the rest of the proceeds shall be paid a compulsory. If
required to take the rest of the proceeds or rejects his stay is unknown,
the Court shall proceed mutatis mutandis under section 185g; the time limit under section 185g paragraph. 1
shall run from the date when the principal refused to take the rest of the proceeds or
When the rest of the proceeds of the Court came back as undeliverable. ".
431. under section 331, the following new section 331a, which including the footnotes No.
87) to 89):
"section 331a
(1) if in the auction sold a movable thing that has stopped, ^ 87)
detained ^ 88) or converted to ensure mandatory obligation in favour of the
his creditors, the Court pays ^ 84) proceeds from the sale of things first
a creditor whose claim has been provided to the detention law. When
the payment of the proceeds of the pledge creditors, creditor whose claim has been
ensure the transfer of rights, and authorised, in whose favour the matter was
drawn up, proceed according to the order.
(2) chattels which were separately stopped (vespolným
Lien) for multiple claims, ^ 89) shall apply mutatis mutandis in accordance with
§ 337d.
87) § 151a and following of the civil code. section 72 of Act No. 337/1992
Coll., as amended by Act No. 255/1994 Coll.
88) § 151s and following of the civil code.
89) § 151f paragraph. 2 of the civil code. section 72 of Act No. 337/1992 Coll., on the
the text of Act No. 255/1994 Coll. ".
432. In section 332 paragraph 1 the following paragraph 2 is added:
"(2) to order the lien and retaining transfer is
the decisive day. ".
Paragraph 2 becomes paragraph 3.
433. In paragraph 333. 1, after the word "money", the words "in the currency of the Czech
of the Republic ".
434. In paragraph 333. 2 the first sentence reads as follows:
"If you can find in the enforcement of the decision of the world's traded gold,
cash in foreign currency or other foreign exchange values, ^ 90) loaded
with them under special regulations. ".
Footnote No. 90):
"90) § 1 (a). d) of Act No. 219/1995 Sb. ".
435. section 334:
"§ 334
(1) a passbook, certificate of deposit and other forms of deposits, shares, bills of Exchange,
cheques or other paper-based securities or other instruments, which
the submission is to be sepíší right, as other things, but
casting is always the Court.
(2) similar in her passbook or other form of deposit shall submit to the Court
Monetary Institute and selects from it the amount to which he is required by law.
Monetary Institute carries out the payment of the deposit, even if the payoff is bound.
(3) if the operator leaves the shares, bills of Exchange, cheques or other paper
securities or other instruments, whose presentation is necessary to
the application of the law of the Court according to the nature of the securities or instruments either
ask the guy who has to carry out, to the corresponding performance gave the Court, or
will take care of monetization. Proceed in doing so adequately under the provisions of
enforcement of the claim, the debtor and the operations needed to
the application of the law, according to the specific regulations of the compulsory
as a beneficiary of the securities or other instruments, performs a place
compulsory executor.
(4) the amount of the obtained with the proceeds of the sale shall be disposed of as (§ 331 to
332). ".
436. A section is inserted after section 334 334a, which including the footnote.
91):
"§ 334a
(1) the Entry and immobilized securities, sepíší, as soon as the Court
learns that for mandatory are such securities recorded in the Centre
securities or other specific statutory registration. ^ 91)
If necessary, or doubt, requests from the securities
or authority of the head of another special law provided for the registration (hereinafter
"the Centre") message.
(2) After completing the Court shall communicate to the Centre, what book or
mandatory immobilized securities were drawn up, when to write an
and that required them not from this day to dispose of (§ 324).
Center the content of the communication to their registers kept writes under the Special
the law.
(3) the Written book and immobilized securities Court are cashing in on the
accordance with the specific legislation. The necessary tasks performs the executor; has the
While all rights, which otherwise belongs as a principal account holder
at the Centre or as a beneficiary of these securities.
(4) the provisions of § 334 paragraph. 4 apply here mutatis mutandis.
91) Law No. 591/1992 Coll. on securities, as amended
regulations. ".
437. § 335 and 335a including title:
"The sale of real estate
section 335
(1) enforcement by selling real estate can be ordered only if the
True marks the property whose sale suggests, and if
the documents issued or certified by State authorities, where appropriate
public documents notáře76) showing that the property is owned
principal. That was a proposal for a regulation of the enforcement
the sale of the property, the Court shall inform the competent land registry office.
(2) further authorized the proposal on the regulation of enforcement by sale
the same real estate brought by the competent court before the Court RES
the regulation of the enforcement decision shall be considered for accession to
proceedings, from the date of submission of the proposal. The proposal further authorized, which
was filed with the Court, the Court shall forward the nepříslušného without a decision
to the competent court; in that case the proposal shall be deemed the accession to
the proceedings of the date when the proposal came to the competent court. Another true must
take the State of the proceedings, in which it is in its accession.
(3) a legitimate can take back its proposal until the final resolution of the
regulation enforcement. The Court, however, the procedure stops only when the
If all permissions, who proceeded to the control.
section 335a
(1) for the regulation of the enforcement of a decision by the sale of real estate is a crucial
status at the time of initiation of the proceeding.
(2) the regulation of the enforcement of the decision applies to all property
its components and accessories; This also applies to movable things
the accessories are property. ".
438. the following section is inserted after section 335a 335b, which reads as follows:
"§ 335b
(1) in its resolution on the decision of the Court compulsory performance regulation
and after) disables delivery transferred the property to someone else
or on it;
(b)) to the Court within 15 days from the delivery of the resolution announced that the who
It has a pre-emptive right to real estate, with the lesson that in his/her failure of required
responsible for the damage caused.
(2) a resolution on regulation of the enforcement of a judgment creditor, the Court delivers to those
who proceeded to the control, such as additional permissions, principal, husband
principal and responsible to the cadastral authority.
(3) After the Court resolution of the legal power to deliver on enforcement decisions
the persons for which he is known to have a pre-emptive right to the property,
a right in rem or a rental right, the tax office and the municipal authority, in
the perimeter of the property, and in which he has his principal residence
(registered office, place of business), and the display is on the court notice board. About that
acquired the authority of a resolution, the Court shall inform the competent land registry
Office. ".
439. § 336 to 336n including a footnote No. 92):
"§ 336
(1) after the final resolution on the regulation of the enforcement court shall designate
the experts, which saves, to appreciate the property and its accessories, and to
appreciated individual rights and defects with the property. Unless otherwise provided in
This Act, it shall proceed according to the valuation of special
^ 92) of the code.
(2) if necessary, the Court shall carry out inspection of property and its
accessories. About the time and place of the examination, the Court shall inform the authorized ones
who proceeded to the control, such as additional permissions, compulsory, experts and
the person about whom it is known, that for them, choking on the property rights or
glitches. Mandatory, where applicable, other persons, are obliged to allow
a tour of the property and its accessories, necessary for the implementation of
Awards and determine the status of rights and faults with the property.
(3) If a property and its accessories were priced way
referred to in paragraphs 1 and 2 in the time of one year before the date on which the
resolution on regulation enforcement acquired the authority and, if
changed circumstances decisive for the award, the Court may by the new
Awards may be dispensed with.
§ 336a
(1) according to the results of the valuation and inspection carried out under section 336, the Court shall determine the
and the price of the property) and its accessories,
(b) individual rights and) price of defects with the property,
(c)) that the sale at auction, nezaniknou
(d)) the resulting price.
(2) the Faults within the meaning of paragraph 1 (b). (c)) are real burdens, which
It lays down specific provisions, the rent of the flats and other easements and
rental rights, for which the interest of the company requires that real estate
continue to be exposed.
(3) in determining the final price from the price of the property and its
accessories and the prices of real estate-related rights shall be deducted by glitches
paragraph 1 (b). (c)).
(4) the resolution referred to in paragraph 1, the Court shall deliver to the creditor, to those who
the management proceeded as additional privileges, the principal and to the persons for whom it is
aware that for them choking on the property rights or glitches. The negotiations
There is no need to order.
§ 336b
(1) after the final resolution of the price (§ 336a) court orders auction
(the auction).
(2) in the scope of the resolution about the regulation of auction (auction
the Decree) the Court shall
and) time and place of auction action (section 336d)
(b)) mark property and its accessories,
(c)) cost (§ 336a),
(d) the level of the lowest) submission (§ 336e (1)),
(e)) of the security and the method of payment (section 336e (2)),
(f)) law and defects associated with real estate,
g) glitches that selling real estate at auction nezaniknou [§ 336a paragraph.
1 (a). (c))],
h) assumptions under which the successful bidder may assume the item
real estate and under which becomes its owner (section 336l 1 and 2),
I) warning that when the essence of the schedule can be justified, those who
management of additional privileges, such as the goodwill and other creditors of the debtor
seek the satisfaction of other enforceable claims or receivables
secured by right of lien for which enforcement was
the decision, if the logs by opening auction
the negotiations, if the application shall indicate the amount of the claim and its
accessories and show them the relevant documents, and the lessons that
applications, in which the amount of the claim or its accessories will not be
listed shall not be considered (section 336f)
j) call to true, those who proceeded to the next
permissions, and other creditors of the debtor who demand satisfaction
their claims in Schedule (section 336f), told the Court that the
asking for payment of their claims, with the caveat that they do not apply to
payment before the start of the auction, the auctioneer may conduct debt
mandatory take against them (section 336g)
the challenge to everyone) who has the right, which does not allow auction (§ 267),
apply to the Court, and that such application of the law demonstrated before the
the start of the auction, with the negotiations, warning that otherwise its the law
will not be taken into account in the implementation of the enforcement of decisions,
l) warning that people who have an option to purchase real estate, is
may apply only in an auction as bidders and that the granting of the hammer
pre-emptive right shall lapse.
§ 336c
(1) the Court shall deliver a notice of the auction:
and creditor, to those) who proceeded to the proceedings as additional permissions,
a compulsory, mandatory husband, persons, of which it is aware, that they have to
the property pre-emptive right, a right in rem or right of rental, and persons
already known their enforceable claim or claims
secured by right of lien for the compulsory and the relevant documents is
demonstrated,
(b)) to the tax office and the municipal authority in which the property is and
in which he has his principal residence (registered office, place of business)
(c)) for those who collect social security premiums,
State employment policy and health insurance
insurance,
(d) the cadastral Office)
(e)), in which the District Office of the perimeter of the property.
(2) the persons referred to in paragraph 1 (b). and the Court shall deliver a notice of the auction)
into their own hands.
(3) the Court, on the day of its release displays auction issued Decree on the official notice board
the Court and asks the local authority in whose area the property is that the Ordinance
or its essential content published in place of the usual, and
the competent land registry office to decree or its essential content
published on its official Board. Resolution on regulation enforcement
at the same time removed from the official Board of the Court.
(4) in justified cases the Court may decree the auction or its
essential content to publish in the local press, national or, where appropriate,
other appropriate manner.
(5) against the auction may lodge an appeal only, those who
to control additional permissions, such as the goodwill required, and persons who have
to the property pre-emptive right, a right in rem or right of rental. Appeal
only against the statements referred to in section paragraph 336b. 2 (a). and (b))), f), (h)) to l)
It is not permitted.
§ 336d
(1) the auction can take place at the place where the property is situated, or
Court or at another suitable place.
(2) the auction conduct court orders for at least 30 days after the date of issue of the auction
the Decree.
§ 336e
(1) the lowest submission the Court shall be two-thirds of the resulting price [section
336a paragraph. 1 (a). (d))].
(2) the amount of the security, the Court shall determine according to the circumstances of the case, but not in the
the amount of not more than three-fourths of the lowest submission. Sure, you can
to pay either in cash to the cashier of the Court or the payment to the account of the Court;
for payment on account of the Court can be taken into account only if it has been before
the start of the auction conduct found that on account of the Court also.
(3) the person who wishes to exercise its right of first refusal during the auction, the
Court at the latest before the start of the auction action. The Court yet
before the actual auction will decide whether the pre-emptive right is
proven; against this resolution is not appealable.
§ 336f
(1) a creditor who has a claim against the principal granted by decision,
conciliation or other title referred to in § 274 (an enforceable claim)
or the claim secured by right of lien, in the proceedings
log on to the start of negotiations at the latest auction. True, and the
who went to the management as more legitimate, can their claims
log on, only if they were granted by decision, conciliation or
other title referred to in § 274 after a final resolution on regulation
enforcement of the decision.
(2) the application must be referred to the claim and its
Accessories, whose satisfaction is mandatory, otherwise the creditor seeks to
the application for registration be taken into account; for this effect, the creditor must be instructed in the
auction. The application for registration shall be accompanied by documents proving the
that goes for an enforceable claim or claim secured by mortgage
law, unless these facts arise from the contents of the file.
(3) Delayed filing the Court rejects the resolution; against this resolution
the appeal is not admissible.
§ 336g
(1) unless authorized or the one who went into the proceedings as another
true, or a creditor of the debtor who has filed an application (§ 336f) that
calls for payment of their claims, the auctioneer is entitled to a statutory debt
to these creditors take over.
(2) acceptance of the debt referred to in paragraph 1 enters the successful bidder as debtor
on the place of the debtor; the consent of the creditor is not required.
(3) if the claim is, in which he joined the successful bidder instead of the obligatory as
the debtor, secured by a lien on real estate, auctioned the operating
the lien against the auctioneer.
§ 336h
(1) the auction conduct can drive just a judge. The individual tasks
the negotiations, which does not act, the judge may, on the basis of credentials to perform
the executor or other employee of the Court; governed by the instructions of the judge.
(2) As the auctioneer may participate in the deliberations only one who paid into the
start of auction conduct (§ 336e (2)).
(3) a natural person may be purchased only in person or through a representative,
the power of Attorney has been officially verified. For a legal person, the municipality, the higher
territorial self-governing unit or state the range of persons referred to in section 21, 21a and
21B, which their permission must demonstrate by the Charter, which was officially
verified, or their representative, the power of Attorney has been officially verified.
(4) bidders shall not act As judges, the staff of the courts, required,
the husband of a mandatory, the successful bidder referred to in section 336m paragraph. 2 and those who in
the acquisition of the things preventing the special regulation.
§ 336i
(1) if it has been found that was brought to the exclusion of the sold
real estate from the enforcement of decisions (article 267), the Court of the auction conduct odročí
until the final decision on the application.
(2) after the commencement of the hearing the judge first auction to decide whether
proven pre-emption rights (§ 336e (3)), and who shall notify the creditors
signed up their claims and in what amount, who creditors have applied for
payment of its receivables and in what amount, and that the claim can
the successful bidder to take and what is the amount of these receivables.
(3) After the implementation of the operations referred to in paragraph 2, the judge shall invite those who may
bid to make the submission.
(4) the auction shall be held until the bidders make submissions; the bidders are bound by
their submissions until the Court shall not grant a hammering. The price auctioned is not
limited provisions of price laws.
§ 336j
(1) the hammer can be granted to the one who has made the highest bid, and which are
the fulfilment of the other conditions laid down by the law. Made if more bidders
the same Supreme Court filing, hammer first, to bear witness
an option to the right, and then, unless agreed otherwise, the auctioneers, who
do the same highest bid, the bidder who was determined by drawing lots.
(2) before granting the hammering the judge ask the persons present during the auction,
If they have objections to the hammer; the opposition, which submitted the true, one
who went to the management as more legitimate, mandatory and auctioneer,
bring in the log.
(3) if the Court finds the objections against switch důvodnými,
auction by invoking the penultimate submission; against this resolution is
the appeal is admissible. Otherwise, the Court will grant resolution hammering.
(4) in its resolution on the hammer, the Court lays down the time limit for payment of the Supreme
the filing, which begins on the date of final the hammering and must not be longer than
two months. The highest bid to be reallocated responsibility for security.
(5) the Bidders, which was not granted, hammering returns paid security
After the end of the auction; However, if you have filed against the hammer
objections, returns to them after the final resolution of the hammer.
§ 336k
(1) the resolution of the hammer, the Court shall deliver to the creditor, who in the management
He went as a more legitimate, mandatory, the auctioneer and bidders,
who argued against granting the hammer.
(2) the resolution of the hammer may appeal only to the person
referred to in paragraph 1. Within 15 days from the date of the auction conduct may submit
the appeal also of the person referred to in section 336c paragraph. 1 (a). and), which has not been
delivered to the auction, if for this reason '
auction action.
(3) the Court of appeal resolution on the changes so that the hammer is hammering
grants, if in the proceedings such defects occurred, that the appellant
Unable to attend the auction, or if he was hammering granted because, when
Regulation of auction or the auction conduct violation occurred
the law. The provisions of section 221 is not applicable.
(4) the resolution of the Court of appeal shall be served on the persons referred to in paragraph 1.
If the resolution of the Court of appeal changed the hammer, the Court shall order
the first instance of a new auction of the negotiations.
§ 336l
(1) the successful bidder is entitled to assume the item property with a
accessories on the day following the release of the resolution on the hammer; about
It is the successful bidder shall be required to notify the Court.
(2) the successful bidder becomes the owner of the real estate purchased with
Accessories, give a resolution on the impact of legal power and paid to
the highest submission, to the date of issue of the resolution on the hammer.
(3) the pre-emptive right to the auctioned property expires on the date, which became
the successful bidder of its owner.
(4) the successful bidder that did not become the owner of the property is auctioned
obliged to return it to the principal, to issue his benefits and replace the damage that
he caused in the management of real property and its accessories.
§ 336m
(1) if it has not been done during the auction or the lowest of administration, the Court auction
the negotiations will end. The next auction of the negotiations on the proposal of the court orders authorized
or the guy who walked into the proceedings as more legitimate, that can be
submit as soon as possible after the expiration of three months after the unsuccessful auction; If
the proposal filed in one year, the Court stops the execution of the decision.
(2) if the successful bidder does not pay the highest submission or in the additional time limit,
He determined the Court and which may not be longer than one month, the resolution
about hammering a waste of the expiry of the additional period shall be deleted and the court orders
the next auction of the negotiations.
(3) at the next auction of the negotiations referred to in paragraphs 1 and 2 is the lowest
the submission shall be half of the resulting price [§ 1 (a) 336a.
(d))]; otherwise the regulation and implementation of the next auction shall apply mutatis mutandis the provisions of
§ 336d, § 336b to 336e paragraph. 2, § 336g, 336h, § 336i paragraph. 3 and 4, 336j
to 336l.
§ 336n
(1) the successful bidder referred to in section 336m paragraph. 2 is obliged to replace the costs,
that State and to the participants in the context of the next auction
through negotiation, the damage suffered by that pay the highest submission, and,
If at the next auction of the negotiations achieved lower the highest submission
the difference at the top of the submission. These commitments shall be counted against the security lodged
the successful bidder; If the security exceeds these commitments, the remaining part of the
Returns the auctioneer.
(2) the obligations referred to in paragraph 1, the Court shall decide, after hearing the resolution.
(3) is not sufficient to cover the obligations referred to in paragraph 1, the security,
the executor shall by an enforceable resolution referred to in paragraph 2 to
the recovery of amounts proposal for regulation of the enforcement of a decision against
the auctioneer.
(4) the amounts attributable to the reimbursement of the costs of the Court shall be paid by the State, or
the participants, which they were granted. Other compensation are attributable to the
distributed nature.
92) § 2 (2). 1 Act No. 151/1997 Coll., on the valuation of assets and the change in the
Some laws (law on the valuation of the assets). ".
440. § 336o and 336p are hereby repealed.
441. § 337 to 337e:
"§ 337
(1) after the final resolution on the impact and after paying the highest submission
the successful bidder shall prescribe court hearing about the schedule distributed by the nature.
(2) the Court shall summon the participants in the negotiations, which are legitimate,
the one who went to the management as a more legitimate, mandatory,
the successful bidder, persons who have submitted an application, unless their application
was rejected (§ 336f), and the person about whom it is known that in their
likely to benefit real estate glitches with the exception of those which were
decided that selling at auction nezaniknou [§ 336a (1) (b) (c))].
(3) the summons to a hearing rozvrhovému is also posted on the official notice board
of the Court.
§ 337a
Circulated to the essence of the highest form of administration, and the interest from it, where appropriate,
the refund, which in essence fall under section 336n paragraph. 4, and on these
the refund calculated the security the purchaser referred to in section 336m paragraph. 2.
section 337b
(1) in the rozvrhovém negotiations to discuss the claims, which may be
met from distributed nature.
(2) each of the creditors, which is present at the meeting, is required to quantify the
his claim and its accessories at the date of the hearing and rozvrhového
specify the group to which it belongs, and really significant for her order.
The claims of other creditors and their accessories shall evaluate, at the date
rozvrhového negotiations and their group, and the order of the Court shall be entered in accordance with the data
contained in the file. After the end of the rozvrhového negotiations cannot be taken into account
that part of the claims and their accessories, which have not been quantified.
(3) each of the parties to schedule may deny claims denominated in
their authenticity, above, the inclusion in the Group and order. The opposition parties,
to rozvrhovému negotiations, there shall be disregarded, unless
have been applied and documented before the hearing.
(4) the successful bidder shall be expressed, that takes over the claims, which lenders
neprohlásili that they are asking their payment (section 336g). To express
the purchaser made after the end of rozvrhového the negotiations shall be disregarded.
(5) persons, which suggests the right of easement or lease law
expressed, whether they require payment of the refund; otherwise, it is considered that
with the payment, the auctioneer. To comment made after the end of
rozvrhového the negotiations shall be disregarded.
§ 337c
(1) according to the results of the rozvrhového negotiations with the distributed nature of
meet gradually according to the following groups:
and) claims the costs incurred by the State in connection with the implementation of
the auction, the new auction or other auction
b) receivables from mortgage loans used to cover the nominal value
mortgage bonds,
(c) the claim, the claim), who went to the management
as more legitimate, the claims secured by right of lien and recovery
for easement or lease the rights with the exception of those which were
decided that selling real estate at auction nezaniknou [§ 336a (1)
(a). (c))],
(d) the arrears of maintenance),
e) taxes and fees, insurance premiums, on public health
insurance and social security, the contribution to the State
employment policy, if you have not been satisfied under subparagraph (c)),
(f)) other receivables.
(2) If you cannot fully satisfy all claims of belonging to the same group,
satisfy, according to the order; the claims belonging to the same group, which
they have the same order, to satisfy a relatively.
(3) Trade receivables, secured by a lien shall be deemed to
schedule for payable.
(4) interest, default interest or a late charge in the last three
years before the rozvrhovým negotiations, as well as the reimbursement of the costs of the proceedings shall
in order to satisfy the principal. It is not enough to split the nature, shall be
before deposits.
(5) For the order is crucial
and the claims authorized day), when the court performance out of its proposal on the
Regulation of the enforcement of decisions,
(b)) of the claims in the proceedings came as more legitimate,
the day, which is considered to be accession to the proceedings,
(c)) on the day when claims to the Court, the application has
(d)) for claims secured by right of lien date of lien,
(e)) for compensation for easements date of easement
(f)) for compensation for the rental rights date of tenancy rights.
Order of claims shall be determined in accordance with this point of view, which is for her
more convenient.
(6) after payment of all debts that have to be met, the rest of the
distributed nature of the principal to be paid.
§ 337d
(1) have been sold in the auction, all of the property, on which a slack
claims secured by right of lien for the same pohledávku89) (hereinafter referred to as
"vespolné lien") to pay such claims when the timesheet
each distributed elements in proportion to the residues distributed
elements that are left for each individual property after payment of
the preceding claims. If a lender asks a satisfying in a different proportion,
specifically, the persons who would have received as a result of the distributed
the essence of the less, the amount that would, on such a claim up to
the amount of the deficit of each distributed elements.
(2) have not been sold in the auction, all of the property, on which a slack
claims secured by right of lien, vespolným is used as the basis
the calculation of the reimbursement of the value of all real property determined in accordance with the Special
prescription. ^ 92) of the amount by which the creditors would have been with a later order
truncated by a creditor of the receivable secured by vespolným
the law got more than it seemed from the proceeds of sold
real estate, ensure that their proposal for a lien on the unsold
real estate in the order that it was uspokojenému to the lender.
(3) the provisions of paragraphs 1 and 2 shall apply mutatis mutandis to receivables,
on the shares of several joint owners of the same property.
§ 337e
(1) in rozvrhovém the resolution of the Court of claims, which have been
When rozvrhovém contested the authenticity of the negotiations, of the above, the inclusion in the
group or order, if you can decide about them without the implementation of the
the evidence; This does not apply for claims, even in part, by groups or
According to the order of the payment from the distributed nature doesn't.
(2) those whose objections could not be decided in accordance with paragraph 1,
the Court prompts that within thirty days from the final resolution of the rozvrhového
Filed under section 267a, paragraph. 1, if the disputed claims
It seems, at least in part payment of the distributed nature of; about the amount of
attributable to the disputed claims, the Court decides, it will be discussed in the
the next rozvrhovém meeting.
(3) to the objections that have not been applied in a timely manner in accordance with paragraph 2, the
be taken into account; This effect must be those who were invited to submit a proposal
under section 267a, paragraph. 1, advised.
(4) in the draft under section 267a, paragraph. 1 may be applied only to the fact
that were listed in the rozvrhovém negotiations. ".
442. under § 337e, the following new section 337f to 337h:
"§ 337f
(1) After the decision on the application under section 267a, paragraph. 1 court orders
negotiations on the rest of the schedule distributed by the nature.
(2) this Court nepředvolá the participants of the meeting schedule, which
the claims have been under the previous rozvrhového the resolution completely
met. When you schedule the rest of the distributed nature of the otherwise progresses
Similarly, under section 337, paragraph. 2 and 3, § 337a, 337c and 337d.
§ 337g
(1) in its resolution rozvrhovém, the Court admits the claims of their creditors;
payment of the claims, that the successful bidder took over (section 336g, section 337b (4)),
the auctioneer shall be granted.
(2) compensation for an easement or rental right, the Court shall grant a
the auctioneer, if the person agrees, suggesting the right from this
easement or rental right (section 337b (5)).
(3) amounts paid after the Court Granted legal power rozvrhového resolution.
§ 337h
(1) the date the legal power to rozvrhového the resolution of the lapse pledge
stranded on the property; the provisions of section 336g paragraph. 3 this does not prejudice.
(2) the date of final rozvrhového easements shall cease and the resolution
the lease rights to the property drains; This does not apply for the easements and
rental rights, of which it was decided that nezaniknou [§ 336a (1)
(a). (c))], and easements and rental rights, for which it was provided
the auctioneer and the refund (section 337g (2)).
(3) After the Court resolution legal force rozvrhového shall inform the competent
Land Registry Office about whether liens encumbering real estate
lapse or acts against the auctioneer, as well as about what material
the burdens of a lapse and what continues to be a burden on the property.
(4) if the execution of the decision, shall inform the Court after legal
the power of the competent land registry office resolution. ".
443. § 338 to 338b, including the following titles:
"The sale of co-ownership
section 338
(1) On the performance of the co-ownership share sale used
the provisions on the enforcement of the decision of the sale of movable and immovable property,
unless the law otherwise.
(2) in the case of the sale of co-ownership to movable property, the Court shall forward the
spoluvlastníku statutory resolution on regulation of the enforcement of judgments in
perform an inventory task, after the inventory or when it finds that the thing is
in joint ownership, and shall notify it of the auction a year. The co-owner of the compulsory
is obliged to provide an inventory of the stuff in the joint ownership; the obligations imposed
compulsory in § 325b and 326b applies even for him. To attend the joint owner
compulsory auction and if the highest bidder the same with other submissions,
grant him the hammer; the provisions of section 329, paragraph. 2 the second sentence shall not apply.
(3) if the sale of co-ownership to the property, the Court shall forward the
spoluvlastníku, the final resolution on compulsory enforcement
the decision and the auction Ordinance; the co-owner of the compulsory may submit for
the conditions referred to in section 336c paragraph. 5 the appeal against the auction.
To attend the joint owner of a compulsory auction, and if other
the highest bidder of the same submission, hammering him; the provisions of §
336j paragraph. 1 the second sentence shall not apply. The co-owner of a mandatory is
entitled to under the conditions referred to in section 336k paragraph. 2 the second sentence of the
the appeal against the resolution on the hammer.
The sale of the collateral.
sec. 338a
(1) on the enforcement of the provisions of the sale of the collateral used for the performance
the decision of the sale of movable and immovable property, unless otherwise provided by law
otherwise.
(2) the performance of the sale of movable assets can be required only in the sales
the decision marked a pledge. To pledge for each mortgagee or
the other person, which was referred to in the letter of the mortgage contract, are these
the person obliged to allow an inventory of this matter and its assessment and to issue the Court thing
to auction; the provisions of § 325b and 326b for them shall apply mutatis mutandis.
(3) in the performance of sales of real estate shall not apply the provisions of
section 335, paragraph. 2 and 3, except the proposal further authorized by decision of
the sale of the collateral, and the provisions of § 336f, unless the creditor has logged in
the claim secured by a mortgage sold.
(4) the performance of the sale of the collateral will be in addition to the grounds provided for in §
268 stopped even if Lien has ceased to apply. If it has been
secured claim in part satisfied or otherwise disappeared, in part, will be
the performance of the decision stopped partially.
The head of the fifth
THE ESTABLISHMENT OF A JUDICIAL LIEN ON REAL ESTATE
sec. 338b
(1) enforcement of the decision establishing a judicial lien on the
the property can be set only when the legitimate exactly marks
the property to which the lien is to be established, and if the documents
issued or certified by State authorities or notary ^ 76) showing that
the property is owned by the principal. That proposal was filed on
Regulation of the enforcement of the decision establishing a judicial lien on the
of the property, the Court shall inform the competent land registry office.
(2) for the regulation of the enforcement of the decision establishing a judicial Lien
the law is a crucial State in the time of the initiation of the proceedings. ".
444. under § 338b, the following new section 338c through 338zq, including headings and
footnote No. 93) to 95):
"§ 338c
(1) the regulation of the enforcement of the decision establishing a judicial Lien
applies to the property with all its components and accessories.
(2) the establishment of a judicial Lien is recorded by
the specific provisions in the land register.
§ 338d
(1) a judicial order lien to real estate is
the decisive day, in which the Court reached a proposal on the establishment of a judicial
Lien; If there were several proposals on the same day, have a lien
the rights of the same order. However, if a claim for the sum previously
established statutory or contractual lien, is governed by the order of the
a judicial Lien by the order of the lien.
(2) For claims for which a judicial lien, can be
lead-estate sales performance directly against each
a later owner of the property, which it acquired contractually.
§ 338e
(1) in the performance of the decision establishing a judicial lien to
real estate shall not apply the provisions of § 263 to 266, section 267a and section 268, paragraph.
1 (a). (e)). The provisions of section 268, paragraph. 1 (a). (g)) can be used only when the
If the right decision conferring granted before submitting a proposal for a regulation
This enforcement.
(2) if the execution of the decision establishing a judicial Lien
been stopped, the Lien by from the beginning. In the case of
that was only partially been stopped, was from the beginning
ordered to claim only the amount corresponding to the stop
enforcement of the decision.
(3) the resolution of the cessation or partial stopping power of decision
the Court shall send to the competent legal authority can the cadastral.
The head of the sixth
THE SALE OF THE COMPANY
Regulation enforcement
§ 338f
(1) the performance of the sale of a business decision ^ 93) can be ordered only if the
True marks the undertaking the sale suggests, and if that
the firm is owned by the principal.
(2) further authorized the proposal on the regulation of enforcement by sale
the same company filed with the competent court before the Court RES
the regulation of the enforcement decision shall be considered for accession to
proceedings, from the date of submission of the proposal. The proposal further authorized, which
was filed with the Court, the Court shall forward the nepříslušného without a decision
to the competent court; in that case the proposal shall be deemed the accession to
the proceedings of the date when the proposal came to the competent court. Another true must
take the State of the proceedings, in which it is in its accession.
(3) a legitimate can take back its proposal until the final resolution of the
regulation enforcement. The Court, however, the procedure stops only when the
If all permissions, who proceeded to the control.
§ 338g
(1) for the regulation of the enforcement status of the sale of a business is crucial
at the time of initiation of the proceeding.
(2) the regulation of the enforcement of the decision applies to things, rights and other
property values that are used to the operation of the undertaking or the
their nature to serve this purpose, and in accordance with what is here in
the time of impact.
(3) the performance of the decision cannot be affected by the undertaking, if it is on the Bank.
§ 338h
(1) in its resolution on the regulation of the enforcement of the decision, the Court will appoint an administrator
of the company (hereinafter referred to as the "Administrator") and the compulsory
and after) disables delivery undertaking or part of the undertaking transferred to
someone else;
(b)) to the Court within 15 days from the delivery of the resolution announced that the who
the company has, for its part, or things rights or other values
belonging to the undertaking pre-emptive right, with lessons that when failure
principal is responsible for the damage caused;
(c)) prohibits, after delivery of the resolution of the case, rights and other assets
the values that are used to the operation of the undertaking or its nature
to serve this purpose, transferred to another, or from the
otherwise, the Fed without the consent of the administrator;
(d)) shall order that the administrators whenever access to the accounting records and
other documents relating to the company and without restrictions to enter
all premises of the undertaking.
(2) a resolution on regulation of the enforcement of a judgment creditor, the Court delivers to those
who proceeded to the control, such as additional permissions, principal, husband
mandatory, and administrators to the competent court or authority of the rejstříkovému, which
leads a different register in which it is required.
(3) After the Court resolution of the legal power to deliver on enforcement decisions
persons, which is known to the company or to individual things,
rights and other property values that are used to the operation of the undertaking
or due to their nature they have to serve this purpose, an option to purchase,
right of lien or retention, the rights of persons belonging to an undertaking
was referred to the lender to secure the claim compulsory ^ 83), or has been
converted to ensure mandatory obligation for the benefit of his creditors, ^ 84)
and financial and municipal authority, in whose district is undertaking and which
the circuit has a compulsory residence (registered office, place of business). After the legal power
the resolution also posted on the official notice board of the Court. That resolution has
the legal authority, the Court shall inform the competent registry court or authority which
leads a different register in which it is required.
Enterprise Manager
§ 338i
(1) the administrator of the Court shall designate a person registered in accordance with the specific provisions in
the liquidators. ^ 94) Exceptionally, the Court may by the administrator
designate the person recorded to this list, if it satisfies the conditions for the
write to the list, if an administrator agrees with the provisions.
(2) in the selection of persons, the Court administrator shall take into account, in particular, whether
Administrator, having regard to the nature of the undertaking the necessary prerequisites for the proper
the performance of the administration. The person entered in the list of liquidators
the administrator may refuse to function only for important reasons, which shall examine the
the Court.
(3) the administrator shall perform his duties competently and corresponds to the
for damage caused by the breach of his obligations due to that
under the law or that obliged him to court.
(4) the administrator shall be entitled to remuneration and to the reimbursement of cash expenses.
(5) On the reimbursement of cash expenses, incurred in particular in connection with the
retaining an expert, the Court shall provide to the administrators at his request. The finished
expenditure paid from this advance shall be considered as cost of sales.
§ 338j
(1) the administrator is excluded from the exercise of their duties, if taking into account the
its ratio to the point, to the participants or to their representatives, there is reason to
doubts about his impartiality.
(2) whether the administrator is excluded, the Court; prior to the decision's
as a rule, requests the administrator of the representation. His resolution is not allowed
the appeal.
(3) if the Court decides that the administrator is excluded from its function, at the same time
It drops the function and appoint a new administrator.
§ 338k
(1) the administrator, in the exercise of their functions in accordance with the law and other
legislation and in accordance with the instructions of the Court; shall ensure that after the performance regulation
decision no reason to reduce the assets sold by the company,
where appropriate, that the assets of the company increased as expected. To the proper
securing the assets of the undertaking makes the appropriate measures, in particular, inform the
financial institution, funds on the account of the debtor that are used to
the operation of the undertaking, may dispose of mandatory only with his consent.
If required by circumstances of the case, the administrator may invite the borrowers
compulsory, in order to fulfil its cash debts consisted on account
compulsory, which has set up for this purpose. If the Administrator finds that the part of the
the firm's property, without undue delay, notify the competent
the land registry office, that the enforcement decision was the sale of the company and that
required shall not without the consent of the real estate transfer to another, encumber
it or otherwise dispose of it.
(2) the consent of the administrator with the acts of the debtor must be given in writing; u
documentary operations must be included on the same list. Legal acts
mandatory, made without the consent of the administrator, are invalid.
(3) if the administrator of the debtor of the debtor to discharge its financial
debt consisted on a specific account, not to the debtor after the service call error
to perform otherwise. If the debtor fails to comply with a mandatory debt in accordance with the challenge
the administrator, the administrator is entitled to claim as a representative of the obligatory sound
meet the debt.
(4) if the principal fails to properly and timely operations necessary to avert imminent
property damage business, is obliged to carry out these acts as administrator
the representative of the principal.
(5) if he refuses to grant consent to the principal administrator action needed to
the proper operation of the undertaking, the Court required to propose to its
the resolution replaced the manager approval. The Court shall decide on the proposal after hearing
Administrator and compulsory; his resolution is not appealable.
(6) in disputes and in other proceedings in which it is required by the participant and the
relating to the company is entitled to a statutory Manager to represent even without
his consent; has a similar status as the representative of a party to the
the basis of the procedural power of Attorney (article 28a (1)). For a period, after which the administrator
the firm represents the mandatory, the other person may not represent a statutory or
for him to act.
Supervision of the Court
§ 338l
(1) the Court shall supervise how the administrator shall carry out their obligations imposed on him by law and the
other law or by the Court. In the performance of Supervisory Board also observed activity is
the Court shall be entitled to request from the Administrator's report on its activities, consult the
instrument Manager and principal and to carry out the necessary investigation. When it detects
the activities of the administrative shortcomings, saves the administrator is removed; against the
This resolution is not appealable.
(2) to bring in an expert Administrator [§ 338m (1) (b) (c))] is not to be
the consent of the Court.
(3) for the breach of obligations in the performance of the functions, the Court may order the administrators
fined; follows, mutatis mutandis, in accordance with section 53.
(4) if the Administrator fails to fulfil his obligations properly or other serious
reasons, the Court may, on a proposal from one of the participants or the administrator or
without a proposal to exempt the administrator functions. If the Court shall relieve the administrator features
at the same time appoint another administrator. The administrator, who was relieved of functions,
is obliged to properly pass the function the new administrators and provide it with all
the necessary information and documents.
Price undertaking
§ 338m
(1) after the final resolution on the regulation of the enforcement court administrators
saved to
and) based on the information found in the register of the company, what things
rights and other assets, and what liabilities are used to operate
the enterprise or due to their nature they serve this purpose;
does not allow administrators to properly look into compulsory accounting, shall
court administrators on his proposal for access to this register, in justified
cases, the concurrence of the organs of the judicial guard or the police of the Czech
of the Republic,
(b) an inventory of the goods) carried out, rights and other assets and liabilities,
which he managed in cooperation with the principal to find out, that is used to
the operation of the undertaking or its nature have this purpose
to serve, if it is not possible for the necessary information to determine the procedure by letters
and)
(c)) on the basis of the findings, according to letters and) or (b)) or
other (additional) decisive aspects, where appropriate on the basis of the award
the experts, which gained, because the price could not be established otherwise,
He handed the Court a report on price undertaking.
(2) unless otherwise provided in this Act, it shall proceed according to the valuation
special regulation. ^ 92)
(3) unless the Court otherwise, administrator in the report on the price of the firm shall state the
and what things, rights) and other material assets belonging to the company and what
they have a price
(b) how much is in the enterprise), the funds in cash and stored on the
account with a financial institution in the currency of the Czech Republic,
(c)) the commitments which the undertaking and to the price
(d)) What payment obligations belong to the company and what is the total,
(e)) what is the net worth of the business.
(4) a copy of the report of the administrator on the price undertaking, the Court shall deliver to the creditor,
those who came forward in the proceedings as an additional permission and compulsory and
allow them to make the content of the message within a reasonable time. To
the objections relating to the mandatory inventory of the goods, rights and other
the property values that the administrator did not provide the assistance referred to in paragraph 1
(a). (b)), shall be disregarded.
(5) the Court may order the administrator to report complete or to court
the necessary explanation. To clarify the operative events may also
carry out the necessary investigation.
§ 338n
(1) according to the contents of the report of the administrator on the price undertaking, where appropriate, the findings of the
pursuant to section 338m paragraph. 5 the Court shall determine the
and the price of things, rights) and other assets belonging to the enterprise,
(b) the amount of cash in) cash and stored on the account
financial institution in the currency of the Czech Republic, belonging to the undertaking,
(c) the price of all liabilities) belonging to the undertaking,
(d)) the amount of cash obligations belonging to the undertaking,
e) observed price of the business.
(2) the Court shall determine the observed price of the undertaking in the amount of the net assets of the enterprise; to
the resources referred to in paragraph 1 (b). (b)) to be taken into account.
(3) failing the taking of evidence or agrees with the person referred to in section
338m paragraph. 4, there is no need to order the hearing.
(4) the resolution referred to in paragraph 1, the Court shall deliver to the creditor, to those who
management of additional privileges, such as the goodwill and compulsory.
(5) after the legal power of the resolution referred to in paragraph 1 everyone has the right to consult
in a message of the price undertaking.
(6) if the Court finds that the price of things, rights and other assets
belonging to the undertaking, together with the resources referred to in paragraph 1 (b). (b))
does not exceed the amount of the payable cash obligations belonging to the undertaking,
claims authorized and those who proceeded as the next in the proceedings
permissions that do not belong to the company, and the estimated costs of the sale,
reward and compensation Manager his cash expenses, or that it exceeds the
only slightly, the execution of the decision.
Auction
§ 338o
(1) after the final resolution of the price the court orders, if the performance of the
a final decision stopped the auction (auction).
(2) in the scope of the resolution about the regulation of auction (auction
the Decree) the Court shall
and) time and place of auction action (section 338q)
(b) the designation of the company, sold)
(c)) the data referred to in section 338n paragraph. 1,
(d) the level of the lowest) submission (section 338r (1)),
(e)) of the security and the method of payment (section 338r (2)),
f) warning that the price of things, rights and other assets belonging to the
to the company, the amount of funds in cash and stored on the account
financial institution in the currency of the Czech Republic, belonging to the company, the price
the obligations belonging to the company, the amount of cash obligations belonging to the
the undertaking, the undertaking and the observed price above the lowest submission can be
modified taking into account the increase or decrease in the assets of the undertaking to which the
will the auction conduct (§ 338t (1)),
(g)) the assumptions under which the successful bidder can take firm and vydražený
for which vydražený the enterprise goes to his assets (section 338z (1) and
2)
h) warning that when the essence of the schedule can be justified, those who
management of additional privileges, such as the goodwill and other creditors of the debtor
seek the satisfaction of other enforceable claims or receivables
secured by right of lien, the detention law, forwarding
pohledávky83) or transfer rights, 84) than for which enforcement was
If the decision belongs to the holding, if the logs at the latest
up to 5 days before the date of the auction, if negotiations in the application form shall
the amount of the claim and its accessories, and where is the relevant
experience and lessons learned, to applications in which the amount of the claim or
its accessories will not be given, not taken into account (§ and § 338zn 338s
paragraph. 2)
I) warning that the undertakings belonging to the undertaking, which will not be in the performance of
a decision on the successful bidder are met (section 338zk)
j) call to every person who has the right, which does not allow auction (§ 267),
apply to the Court, and that such application of the law demonstrated before the
the start of the auction, with the negotiations, warning that otherwise its the law
will not be taken into account in the implementation of the enforcement of decisions,
k) warning that people who have to venture, its parts, or to
things, rights and any other property values that are used to operate
the enterprise or due to their nature they have to serve this purpose,
pre-emptive right, may apply only in an auction as bidders and that the
the granting of an option to purchase the hammer right shall lapse,
l) Note where and when it is possible to look into reports of price undertaking
(section 338n (5)).
§ 338p
(1) the Court shall deliver a notice of the auction:
and creditor, to those) who proceeded to the proceedings as additional permissions,
a compulsory, mandatory husband, persons, of which it is aware, that they have to
the undertaking or to things, rights and any other property values that are used
to the operation of the undertaking or its nature have this purpose
to serve, the pre-emptive right or lien or right of retention,
persons to whom the rights belonging to the company was referred to in order to ensure
the claim of the creditor or debtor ^ 83) was transferred to ensure
the mandatory obligation in favour of the creditor, ^ 84) persons that have already
known to its recoverable receivables or receivables secured by
Lien, the detention law, the assignment of receivables or
the transfer of rights that belong to the company and the relevant documents is
demonstrated, and the persons referred to in section 338zn paragraph. 1,
(b)) to the tax office and the municipal authority, in whose district is undertaking and in
the circuit has a compulsory residence (registered office, place of business)
(c)) for those who collect social security premiums,
State employment policy and health insurance
insurance,
(d) the District Office), in whose district is undertaking.
(2) the persons referred to in paragraph 1 (b). and the Court shall deliver a notice of the auction)
into their own hands.
(3) the Court, on the day of its release displays auction issued Decree on the official notice board
the Court and asks the local authority in whose area the company is that the Ordinance or
its essential content published in place of the usual. Resolution on the
regulation enforcement at the same time remove from the official Board of the Court.
(4) in justified cases the Court may decree the auction or its
essential content to publish in the local press, national or, where appropriate,
other appropriate manner.
(5) against the auction may lodge an appeal only, those who
to control additional permissions, such as the goodwill required, and persons who have
to the company or to things, rights and other property values
is used for the operation of the undertaking or its nature have this
the purpose of the serve, the pre-emptive right. The appeal only against the statements referred to in section
338o paragraph. 2 (a). and (b))), f) to (l)) is not permitted.
§ 338q
(1) the auction can take place at the place where the undertaking is situated, or in the Court of
or at another suitable place.
(2) the auction conduct court orders for at least 30 days after the date of issue of the auction
the Decree.
§ 338r
(1) the lowest submission the Court be set at half of the price of the goods, rights and
other assets belonging to the company [section 338n (1) (a).
and)], but not at the rate of two-thirds of the observed prices of the undertaking [§ 338n
paragraph. 1 (a). (e))].
(2) the amount of the security, the Court shall determine according to the circumstances of the case, but not in the
the amount of not more than three-fourths of the lowest submission. Sure, you can
to pay either in cash to the cashier of the Court or the payment to the account of the Court;
for payment on account of the Court can be taken into account only if it has been before
the start of the auction conduct found that on account of the Court also.
(3) the person who wishes to exercise its right of first refusal during the auction, the
Court at the latest before the start of the auction action.
§ 338s
(1) a creditor who has a claim against the principal granted by decision,
conciliation or other title referred to in § 274 (an enforceable claim)
or the claim secured by right of lien, the detention law,
assignment of receivables ^ 83) or transfer rights, ^ 84) which belongs to the
undertaking, it can log on to the Court not later than 5 days before the date of
auction action. True, or the one who went into the proceedings as
For more legitimate, they may lodge their claims, only if they have been
granted, the decision of the conciliation or other title referred to in § 274 after
the legal power of the resolution on the regulation of the enforcement of the decision.
(2) the application must be referred to the claim and its
Accessories, whose satisfaction is mandatory, otherwise the creditor seeks to
the application for registration be taken into account; for this effect, the creditor must be instructed in the
auction. The application for registration shall be accompanied by documents proving the
that goes for an enforceable claim or claim secured by mortgage
the law, the detention law, the assignment of receivables ^ 83) or transfer
^ law 84) and that belong to the company unless the fact resulting from the
the contents of the file.
(3) late filing and claims, which do not belong to the firm,
the Court rejects the resolution; against this resolution is not appealable.
§ 338t
(1) after the issue of the auction, the court administrators to him before
start of auction report on whether the negotiations occurred against the State, which was
decisive for the resolution under section 338n paragraph. 1, a change in circumstances
pursuant to section 338m paragraph. 3, or how these circumstances have changed.
(2) the absence of the administrator of the court properly and in a timely manner a report referred to in paragraph 1, the Court
he saved the State replaced the cost of dashed auctions, and on a proposal from the
the participants of the auction to make them replace them costs in connection with
by participating in this auction. This effect must be the administrator
advised.
The auction conduct
§ 338u
(1) the auction conduct can drive just a judge. The individual tasks
the negotiations, which does not act, the judge may, on the basis of credentials to perform
the executor or other employee of the Court; governed by the instructions of the judge.
(2) As the auctioneer may participate in the deliberations only one who paid into the
start of auction conduct (§ 338r (2)).
(3) it shall not act As auctioneers, judges, staff of the courts, required,
the husband of a statutory Manager, the successful bidder referred to in section 338za paragraph. 2 and you
in the acquisition of the company prevents the special regulation.
(4) the provisions of § 336h paragraph. 3 shall apply mutatis mutandis.
§ 338v
(1) if it has been determined that the proposal was submitted to the exclusion of the sold
undertaking or of part of the enforcement of decisions (article 267, paragraph 1), the Court
the auction conduct odročí until the final decision on the proposal.
(2) If a proposal on the exclusion of individual things, rights or other
assets belonging to the company, the Court according to the circumstances of the case
examine whether it is necessary to continue negotiations until the final decision on the
the draft or whether to accede to the auction. In the case that proceeds to auction
the court notifies the auctioneer on the questionable things, rights or other securities
values.
(3) if the administrator has not submitted to the start of auction report pursuant to section meetings
338t paragraph. 1, the Court of claims in accordance with § 338t paragraph. 2, and auction
negotiations odročí. When the regulation of the new auction negotiations proceed
pursuant to section 338o to 338t.
§ 338w
(1) after the commencement of the hearing the judge of auction
and) decide whether the pre-emptive right is shown (§ 338r (3)),
(b)) based on the report under section manager 338t paragraph. 1 determine the new resolution
the price of things, rights and other assets belonging to the company, the amount of
the funds in cash and stored on the account at the financial institution
in the currency of the Czech Republic, belonging to the company, the price undertakings belonging to the
undertaking, the amount of cash obligations belonging to the company and the resulting price
of the undertaking,
(c)) provides the lowest submission,
(d)) shall notify the creditors who signed up their claims and in what amount,
where appropriate, who creditors have the right to satisfaction of its receivables
pursuant to section 338zn paragraph. 1.
(2) Against the resolution referred to in paragraph 1 (b). and (b))) and (c)) is not an appeal
permissible.
(3) if the Court finds that the price of things, rights and other assets
belonging to the undertaking, together with the resources referred to in section 338n paragraph. 1 (a).
(b) does not exceed the amount of cash payable) obligations belonging to the undertaking,
authorized claims, to control those who proceeded as the next
permissions, and other registered lenders that do not belong to the company, and
the projected cost of sales, reward and compensation Manager, its finished
expenses, or that it exceeds only slightly, the execution of the decision.
(4) if the execution of the decision, the judge, after the execution of the tasks
referred to in paragraph 1 shall invite those who can bid to make the submission.
(5) the auction shall be held until the bidders make submissions; the bidders are bound by
their submissions until the Court shall not grant a hammering. The price of the auctioned company
It is not limited by the provisions of the price law.
§ 338x
(1) the hammer can be granted to the one who has made the highest bid, and which are
the fulfilment of the other conditions laid down by the law. Made if more bidders
the same Supreme Court filing, hammer first, to bear witness
pre-emptive right to the enterprise, then, to testify to the pre-emptive right to
part of the undertaking or to individual things, rights or other securities
the values that belong to the company, and then, unless otherwise
bidders who have made the same submission, the highest bidder, which was
determined by lot.
(2) before granting the hammering the judge ask the persons present during the auction,
If they have objections to the hammer; the opposition, which submitted the true, one
who went to the management as more legitimate, mandatory and auctioneer,
bring in the log.
(3) if the Court grants taking into account the objections raised by hammering,
continue in the auction by invoking the penultimate submission; against this
the resolution is not appealable. Otherwise, the Court by order
the hammer shall be granted.
(4) in its resolution on the hammer, the Court lays down the time limit for payment of the Supreme
the filing, which begins on the date of final the hammering and must not be longer than
two months. The highest bid to be reallocated responsibility for security.
(5) the Bidders, which was not granted, hammering returns paid security
After the end of the auction; However, if you have filed against the hammer
objections, returns to them after the final resolution of the hammer.
§ 338y
(1) the resolution of the hammer, the Court shall deliver to the creditor, who in the management
He went as a more legitimate, compulsory, compulsory, husband
the auctioneer and the bidders, who argued against granting the hammer.
(2) Against the resolution to grant a person may lodge an appeal with the hammer
referred to in paragraph 1. Within 15 days from the date of the auction conduct may submit
the appeal also of the person referred to in section 338p paragraph. 1 (a). and), which has not been
delivered to the auction, if for this reason '
auction action.
(3) the provisions of § 336k paragraph. 3 and 4 shall apply mutatis mutandis.
§ 338z
(1) the successful bidder is entitled to take over the vydražený business day
following the release of the resolution on the hammer. The enterprise passes to the auctioneer on the
his request for cooperation with the principal; the takeover will draw up
write. The administrator shall inform the company about the transmission of the Court.
(2) Vydražený the enterprise passes to the successful bidder of the property, if
resolution on the impact of legal power and if the successful bidder paid the highest
submission, to the date of issue of the resolution on the hammer. The same day,
the successful bidder becomes the owner of the goods and shall enter in the rights and obligations of belonging
to the business.
(3) the pre-emptive right to the vydraženému of the firm, its parts, or
individual things, rights or other values, which terminates on the date
the firm passed into the property of the purchaser.
(4) if the undertaking does not enter into the vydražený property, the purchaser is
the successful bidder must return to vydražený, his principal business benefits and
the damage caused when the management of the undertaking.
§ 338za
(1) if it has not been done during the auction or the lowest of administration, the Court auction
the negotiations will end. The next auction of the negotiations on the proposal of the court orders authorized
or the guy who walked into the proceedings as more legitimate, that can be
submit as soon as possible after the expiration of three months after the unsuccessful auction; If
the proposal filed within six months, the Court stops the execution of the decision.
(2) if the successful bidder does not pay the highest submission or in the additional time limit,
He determined the Court and which may not be longer than one month, the resolution
about hammering a waste of the expiry of the additional period shall be deleted and the court orders
the next auction of the negotiations. On the obligations and liabilities of the purchaser and
a decision on them shall apply mutatis mutandis to the provisions of § 336n.
(3) at the next auction of the negotiations referred to in paragraphs 1 and 2 is the lowest
the submission shall be a quarter of the price of things, rights and other assets
the values of belonging to the company [section 338n (1) (a))], but not in the
the amount of one third of the observed prices of the undertaking [§ 338n (1) (b), (e))]; otherwise, the
the regulation and implementation of the next auction shall apply mutatis mutandis the provisions of section 338p,
paragraph 338q, section 338r. 2, § 338t, 338u, section 338v paragraph. 2, § 338w to 338z.
If the undertaking has not been sold or when the next auction of the negotiations because of the
referred to in paragraph 1, first sentence, the Court stops the execution of the decision.
Schedule
§ 338zb
(1) after the final resolution on the impact and after paying the highest submission
the successful bidder shall prescribe court hearing about the schedule distributed by the nature.
(2) the Court shall summon the participants in the negotiations, which are legitimate,
those who came forward in the proceedings as the additional permissions required, administrator,
the successful bidder, persons who have submitted an application, unless their application
was rejected (§ 338s (3)), and the persons referred to in section 338zn paragraph. 1.
(3) the summons to a hearing on the displaying rozvrhovému the court notice board.
§ 338zc
Circulated to the essence of the form specified in section 338n paragraph. 1 (a).
(b)), the highest submission and interest from it, where appropriate, refunds to
nature fall under section 338za paragraph. 2 the second sentence, and on these refunds
charged against the security of the purchaser referred to in section 338za paragraph. 2.
§ 338zd
(1) in the rozvrhovém negotiations to discuss the claims, which may be
met from distributed nature.
(2) section 337b of paragraph 1. 2 and 3 shall apply mutatis mutandis; the claim of the purchaser
pursuant to section 338zf, however, cannot be denied.
§ 338ze
(1) according to the results of the rozvrhového negotiations with the distributed nature of
meet gradually according to the following groups:
and the cost of sales) incurred by the State in connection with the
implementation of the auction, the new auction or more auctions and the payment of advances
pursuant to section 338i paragraph. 5,
(b)) and his manager claim rewards cash expenses,
(c) the claim of the purchaser under section) 338zf,
(d) claims secured by the detention law),
(e) the claim, the claim), who went to the management
as more legitimate, and receivables secured by a lien,
assignment of receivables ^ 83) or transfer rights, ^ 84)
(f)), the claims of taxes and fees, insurance premiums, on public health
insurance and social security and a contribution to the State
employment policy, if you have not been satisfied under subparagraph (e)),
(g)) other receivables.
(2) If you cannot fully satisfy the claims of belonging to the same group,
satisfy, according to the order; the claims belonging to the same group, which
they have the same order, to satisfy a relatively.
(3) Trade receivables secured by right of lien, assignment
claims or transfer rights are considered to be payable in the timesheet.
(4) interest, default interest or a late charge in the last three
years before the rozvrhovým negotiations, as well as the reimbursement of the costs of the proceedings shall
in order to satisfy the principal. It is not enough to split the nature, shall be
before deposits.
(5) For the order is crucial
and the claims authorized day), when the court performance out of its proposal on the
Regulation of the enforcement of decisions,
(b)) of the claims in the proceedings came as more legitimate,
the day, which is considered to be accession to the proceedings,
(c)) on the day when claims to the Court, the application has
(d)) for claims secured by right of lien, the detention law,
assignment of receivables ^ 83) or transfer rights ^ 84) date of these
rights,
(e) in the case of the claim of the creditor) referred to in section 338zn the day, by which it is governed by the
the order claims in the proceedings for enforcement of a judgment debtor of the receivable
or sale of movables or real estate.
Order of claims shall be determined in accordance with this point of view, which is for her
more convenient.
(6) after payment of all debts that have to be met, the rest of the
distributed nature of the principal to be paid.
(7) if fully satisfied the claim Administrator referred to in paragraph 1 (b).
(b)), the Court by order saves this obligation is mandatory; true, those who
to control additional permissions, such as the goodwill and the creditors who
signed up their claims (§ 338s), for the fulfilment of this obligation, together
and severally guarantees.
§ 338zf
The successful bidder has a claim for the essence, if
and the amount of cash commitments) belonging to the undertaking, together with the claims
legitimate, of those who in the management proceeded as additional privileges, and
other registered lenders that do not belong to the company and which are to be
reimbursed from the estate does not exceed the essence of being divided, in the amount of
This difference, or
(b)), the claims of those who came forward in the proceedings as another
permissions, and other registered lenders that have to be met from the
the essence, the essence of being divided, and do not exceed that of the
the difference.
§ 338zg
(1) in rozvrhovém the resolution of the Court of claims, which have been
When rozvrhovém contested the authenticity of the negotiations, of the above, the inclusion in the
group or order, if you can decide about them without the implementation of the
the evidence; This does not apply for claims, even in part, by groups or
According to the order of the payment from the distributed nature doesn't.
(2) the provisions of § 337e paragraph. 2, 3 and 4 shall apply mutatis mutandis.
§ 338zh
(1) After the decision on the application under section 267a, paragraph. 1 court orders
negotiations on the rest of the schedule distributed by the nature.
(2) this Court nepředvolá the participants of the meeting schedule, which
the claims have been under the previous rozvrhového the resolution completely
met. When you schedule the rest of the distributed nature of the otherwise progresses
Similarly, under section 338zb paragraph. 2 and 3, § 338zc, 338ze and 338zf.
§ 338zi
(1) in its resolution rozvrhovém, the Court admits the claims of their creditors;
the payment of rewards and cash expenses shall be provided to the administrator and the payment of claims
pursuant to section 338zf shall be granted to the auctioneer.
(2) the amounts Awarded by the Court shall be paid after the legal power of rozvrhového resolution.
Report on the performance of the management company
§ 338zj
(1) after the company passed into the vydražený property of the purchaser and the administrator
He handed over the firm, court administrator shall submit a final report on the performance of their
function and charge the fee and cash outlays.
(2) the Court shall deliver to the creditor, in a message to those who in the management proceeded as
additional permissions, principal, principal and auctioneer and husband.
(3) the Court shall review the report and decide on its approval of the negotiations;
the hearing is not needed, if the persons referred to in paragraph 2 in the
the specified period does not communicate its objections to the report.
(4) after the approval of the report, the Court shall relieve the administrator of its function.
The transition to the rights and obligations of the purchaser
§ 338zk
(1) The successful bidder for the assets of the undertaking, vydražený crossed the passes
and things, rights and) other property values that are used to operate
the enterprise or due to their nature they serve this purpose;
(b)) the rights deriving from industrial or other intellectual property
regarding the business activities of the auctioned unless it
would be contrary to the Treaty concerning the granting of these rights or of their nature;
(c)) the rights and obligations arising from the labour relations of employees
operating in the vydraženém of the enterprise;
(d)) the obligations belonging to the vydraženému company, which were not met when the
schedule, including their security.
(2) a debt or other obligation, the gradient of the statutory Board, the auctioneer
as a debtor in its place; to go with the consent of the creditors
does not require.
(3) if the acquisition or retention of the rights referred to in paragraph 1 (b).
(b) the applicable implementation specific) business activities shall be deducted from the
This activity, carried out by the purchaser after the hammering and the activities carried out
When the operation of the business before selling it in an auction.
(4) a lease or sublease the Treaty on the non-residential premises concluded
mandatory as a tenant or landlord as the successful bidder may
to terminate within the time limit laid down by law or contract, and even from other
reasons than the special law ^ 95) or have been agreed; It
also apply in the event that the lease was concluded for a fixed period. The right to the second
the parties on the compensation for the damage incurred thereby shall not prejudice.
(5) Together with the commitments that have been met in the timesheet, all
their collateral.
Notification to other authorities
§ 338zl
(1) that the company passed into the vydražený property of the purchaser (article 338z
paragraph. 2), the Court shall inform the competent registry court or authority which
leads a different register in which it is required. Registration Court or
other authority through a sale of the company in the relevant register.
(2) if the undertaking belongs to a property, shall inform the competent court
the land registry office, that the owner of the property has become the successful bidder; in
If the property was the lien, stating at the same time,
whether the acts against the auctioneer or died.
(3) if the execution of the decision, shall inform the Court after legal
the power of the competent registry Court resolution or another authority
the index, which is the principal written, where appropriate, the competent land registry
the Office.
§ 338zm
(1) none of the creditors, whose claim was transferred to the successful bidder (§ 338zk
paragraph. 2), cannot argue that the sale of a business in the auction have deteriorated
When his claim.
(2) the Principal is not liable for defects of goods, rights or other proprietary
the values of belonging to the company, which was sold in an auction.
Other performances of the decision
§ 338zn
(1) the Regulation of enforcement is postponed implementation of the sale of a business
already ordered by the performances of the sale of movable and immovable property
belonging to the company and the performance of the decision to the undertaking belonging to the commandments
other claims than money from the account for the Institute. The permissions of the
performance of decision shall be construed as a creditor referred to in § 338s, without
It was the necessary claim sign; This is true even if the recovered
the claim does not belong to the company.
(2) the performance of the sale of movable and immovable property belonging to the
undertaking or an undertaking belonging to the debtor, other than the claims of the
account with a financial institution, which was ordered up after the performance regulation
the decision of selling the company, shall not apply. The right to these qualified
log the sum a claim according to § 338s shall not be affected.
(3) if the claim of the creditors have not been referred to in paragraphs 1 and 2
meet at the schedule distributed nature, continues to court after the end of
sale of a business decision in the performance management; in the event that the undertaking was
sold at auction, and that it is a claim belonging to the undertaking, in
the management of the place of the debtor, the auctioneer.
Stopping power of decision
§ 338zo
(1) if the performance of the sale of a business decision, the Court shall invite the
Administrator, that handed him the final report on the performance of their functions and to
vyúčtoval reward and cash outlays.
(2) the Court shall deliver to the creditor, in a message to those who in the management proceeded as
additional permissions, compulsory and compulsory husband.
(3) the provisions of § 338zj paragraph. 3 and 4 shall apply mutatis mutandis.
(4) the obligation to pay compensation and reimbursement Manager, cash expenses, the Court
saves either compulsory or jointly and severally liable to the creditor, to those who
management of additional privileges, such as the goodwill and the creditors who signed up
their claims (§ 338s and 338zn), depending on the reason for the
stopping power of decision occurred.
The sale of part of an undertaking
§ 338zp
(1) On the sale of part of the undertaking of the decision power of forming a separate
organizational folder used the provisions on enforcement by sale
of the undertaking, unless the law otherwise.
(2) the management of part of the undertaking carried out by the administrator shall also apply to acts
the firm, which relate to the business of the undertaking by the managed folder.
The sale of the share of the joint proprietor of the undertaking
§ 338zq
(1) On the performance of the share of the joint proprietor enterprise sales used
the provisions on the enforcement of the decision of selling the company, unless otherwise provided by law
otherwise.
(2) Acquire a compulsory court delivers a final resolution on regulation
the performance of the company and the auction sale Ordinance; co-owner
compulsory may lodge under the conditions referred to in section 338p paragraph. 5 appeal
against the auction.
(3) the obligations imposed to compulsory in § 338m shall also apply to the joint proprietor
of the undertaking.
(4) Measures the firm administrator also acts against the owners.
(5) for the co-owner of the compulsory section applies, paragraph 338k. 2 to 6.
(6) to take part in a compulsory auction and co-owner with other
the highest bidder of the same submission, hammering him; the provisions of §
338x paragraph. 1 the second sentence shall not apply.
(7) a co-owner is entitled to compulsory under the conditions referred to in section
338y paragraph. 2 the second sentence of an appeal against the resolution on the hammer.
93) § 5 of the commercial code.
§ 8 paragraph 94). 1 Act No. 328/1991 Coll.
95) Law No. 116/1990 Coll., on lease and sub-lease of non-residential premises, in the
amended. ".
445. The former head of the sixth is referred to as the head of the seventh.
446. § 340 to 344, including the following titles:
"The eviction
and) without compensation
§ 340
(1) if the decision, whose performance suggests that the required---
real estate, construction, apartment or room, for which there is a need to ensure
adequate spare apartment, spare apartment, spare accommodation or
shelter, court orders and legal power of this
the resolution power of decision to be made.
(2) the Court shall inform the debtor at least five days in advance, when the eviction
carried out. Also inform the beneficiary and the competent authority of the municipality.
§ 341
(1) enforcement of the decision shall be carried out so that the Court will take measures to ensure that from the
vyklizovaného object
and) were removed things belonging to the principal and members of his
households, as well as things that belong to someone else, but are
the consent of the debtor located in the vyklizovaném or on vyklizovaném
object,
(b)) were banished required and all who reside there on the basis of law
principal.
(2) things removed from the vyklizovaného object shall transfer with compulsory or
one of the adult members of his household.
(3) if it is not present at the evacuation of the none, who could take over the case, or
If it is rejected, the takeover of the things sepíší things and the cost
compulsory deposit the village or other suitable depositors; If it is not
things can be put in custody, the performance of the decision cannot be made. Court
inform the debtor about to whom the things were put into custody.
§ 342
(1) if the principal Did things at the village or schovatele within six months
the date on which they were stored, will be sold on a proposal from the village (schovatele)
in accordance with the provisions of the sale of movable property.
(2) the proceeds of the sale shall be paid after deduction of costs, the Court compulsory custody and
the cost of sales. If the principal refuses to take the rest of the proceeds or
his stay is unknown, the Court shall proceed mutatis mutandis under section 185g; the time limit
pursuant to section 185g paragraph. 1 shall run from the date when the principal refused to the rest of the
proceeds to take over or when the rest of the proceeds returned to the Court as a
undeliverable.
(3) the things that fail to sell, a court will offer the village or depositors
to cover the costs of custody for two-thirds of the assessed prices; If they refuse things
take the totality of the State.
(4) the costs of custody, which will not be paid from the proceeds of the sale or
the acquired things, is obliged to replace the village (depositors) required; about this
the obligations of the Court decides on a proposal from the village (schovatele).
(b)) with ensuring housing refund or shelter
§ 343
(1) if the decision, whose performance suggests that the required---
apartment or room, for which it is necessary to ensure adequate replacement flat,
replacement spare apartment, accommodation or shelter, the court orders the performance of
the decision only if it is established that the debtor is
a housing recovery, what was intended in a
decision, or that the debtor is provided shelter, where the
performed by the decision that the evacuation of the apartment belongs to a shelter. After
the legal power of this resolution the court enforcement of a decision to be made.
(2) ensuring a housing refund or shelter for the debtor is obliged to
prove to be true.
(3) if it is not proven that housing compensation was provided for the compulsory
and that corresponds to the decision by, where appropriate, to compulsory was
ensure shelter, a Charter issued by the State authority or the authority of the municipality
or the notary's registration, ordering the trial decision on the regulation of performance
the decision of the meeting. To determine whether the housing recovery has been for
compulsory and whether it matches by decision, where appropriate,
whether it was for compulsory to ensure shelter, Court and performs other evidence
necessary to establish the facts, than were participants suggested.
§ 344
(1) the Court shall inform the debtor at least five days in advance, when the eviction
carried out. Also inform the beneficiary and the competent authority of the municipality.
If it is necessary, in particular if it is not present, the required pick up
bailiff conducting the evacuation of this Act an appropriate person under
Options representative to the authority of the municipality.
(2) the enforcement of a decision shall be made in the manner specified in § 341, paragraph. 1 with the
by deleted things move to a designated housing refund (to
shelter).
(3) if the Court finds, after the regulation of the enforcement of a decision, or when its
the implementation for the compulsory in fact was not the intended housing replacement
(shelter), execution of the decision.
(4) after moving the executor conducting clearing passes the specified
housing replacement or one of the adult members of his
the household; If they refuse to pay to take over the housing, stores the keys in the Court
authority or the authority of the municipality and the obligatory inform. If the required housing starts
compensation without serious reason, within six months from the deposit taking, the rights
mandatory for housing reimbursement expiry of this period.
(5) if it is not possible to stuff or some of them to move to a designated housing
refund (to shelters), proceed by analogy with § 341, paragraph. 2 and 3 and
§ 342. ".
447. In paragraph 345. 3 the fourth sentence:
"If it's necessary, carrying out the removal of executor stuff
pick up the appropriate person under the authority of the village representative options. ".
448. Article 345, paragraph 4 reads:
"(4) if required by the purpose of the enforcement of the decision, is the one who conducts the performance,
shall be entitled to make a personal inspection of the principal and a tour of the apartment (Headquarters,
the place of business) and other rooms of the compulsory, as well as his Cabinet, or
other mailboxes that reside in them, where clear grounds provided
the thing that is required to issue or deliver to the creditor; for this purpose, it is
authorised to ordain to the apartment of a mandatory or compulsory in another room
access, or closed cabinets or other clipboard open. ".
449. In section 347, paragraph. 2 the second sentence, the words "in the first to fourth title of this
the section "shall be replaced by" paragraph in the section 258. 1. "
450. Article 348, paragraph. 1 the word "sale" shall be replaced by the words "performance
the decision appropriately ".
451. In paragraph 2 of section 348:
"(2) the Co-owners have for the purposes of distribution of proceeds of sales position
authorized; the amount of receivables is determined according to the amount of their shares on the
common things. ".
452. In section 349 paragraph. 1 the second sentence reads as follows:
"If it's necessary, to pick up the implementation of enforcement
the appropriate person, according to a representative of the authority of the municipality options. ".
453. In section 350, after paragraph 1 the following paragraph 2 is added:
"(2) True or it's true let the work performed is when
enforcement of the decision entitled to everything, what is required to perform the work,
it. ".
Paragraph 2 becomes paragraph 3.
454. In section 351, paragraph 1 reads:
"(1)-performed by the decision of another obligation, saves the Court
violation of this obligation the debtor a fine of up to 100 000 Czk.
To comply with the mandatory decision, then pursued him on Court stores
the proposal authorized more reasonable fine, until the execution of the decision will not be
stopped. They look fine to the State. ".
455. Article 351, paragraph 3 is deleted.
456. in section 351 shall be inserted a new section added: 351a
"§ 351a
(1) if it was carried out by the decision, but then required
caused the violation of the obligations imposed on the state change that this
the decision foresees (the previous state), the Court shall allow the authorized
to the costs of compulsory care of restoring state prediction
This decision. How to restore the previous state, the Court shall indicate in the
resolution on the regulation of the enforcement of the decision.
(2) On the request of the beneficiary, the Court shall instruct the bailiff performing the
the individual acts in the performance of a decision or take other appropriate
measures to ensure that the legitimate aim to restore the previous state.
(3) the Debtor, the Court may impose, so that the necessary costs paid
authorized in advance. The performance of this decision, as well as the decision establishing the
It was a compulsory pay the costs referred to in paragraph 1, the
carried out on the proposal authorized some of the ways intended to meet the
claims. ".
457. § 371 and 372 are deleted.
458. In § 373, the words "youth homes" shall be replaced by "devices
institutional and protective upbringing ".
459. In paragraph 374. 1, the word "workers" shall be replaced by
"employees".
460. Article 374, paragraph. 1 (a). and), after the words "the President of the Senate" is inserted
the word "(single judge)", the word "workers" shall be replaced by the word
"employees" and the word "workers" shall be replaced by the word "employee".
461. In paragraph 374. 1 (a). (b)), the word "workers" shall be replaced by
"staff".
462. In paragraph 374. 2, after the words "the President of the Senate" is the word
"(the single)" and the word "workers" shall be replaced by the word
"employees".
463. In paragraph 374. 3, after the words "the President of the Senate" is the word
"(the single)" and the word "worker" shall be replaced by the word "employee".
464. section 374a:
"section 374a
The Ministry shall lay down by Decree
and the amount and the method of determination) the remuneration and reimbursement of cash expenses of notaries as
judicial remuneration of Commissioners and administrators heritage,
(b)) the cases in which you cannot allow access to the file, because their
the content must remain confidential, the
(c)) the flat-rate amount for representation by a lawyer or participant
a notary public under his permission provided for in a special law, ^ 57) and
for the purpose of deciding on the reimbursement of costs of the proceedings,
(d) the amount of the remuneration of the managers of the firm), the method of its determination and the determination of the refund
their cash expenses. ".
PART THE SECOND
Change the order of the notary
Article II
Law No 358/1992 Coll., on notaries public and their activities (notarial regulations), in
the text of Act No. 82/1998 Coll., is hereby amended as follows:
1. In section 3, paragraph 3. 1 (a). (b)), after the words "civil proceedings"
the words "in proceedings under the code of civil procedure section fifth and"
and the words "with the exception of" with the words "the procedure for determining whether the
require the consent of the parents of the child to adoption ".
2. In section 13 (3). 1, after the words "the headquarters of the", the words "and registered in the
the registration of notaries public, led by the notarial Chamber ".
3. under section 35 shall be inserted a new section 35a is added:
"section 35a
(1) the Chamber of Commerce leads the central register of wills in which the register of wills,
Charter of the dispossessed and the instrument of revocation of such acts (hereinafter referred to as
"the will"), which were drawn up by the notary or notary registration accepted
into custody.
(2) the Chamber shall notify the Court or other governmental authority, notaries, which was
as a judicial Commissioner in charge of performing the operations in the management of heritage, and
any person who proves a legal interest, at their request, whether it is registered
last will and testament of the deceased and who is saved; for the submission of reports to the Court, other
the governmental authority and notaries, which was as a court Commissioner in charge of
by performing operations in the management of heritage, her remuneration. Application
cannot be accepted if it has been made for the life of the maker or the appellant
wills.
(3) in the management of the central register of wills, the Chamber shall proceed in accordance with
the regulation adopted by the Chamber of Commerce [§ 37, paragraph 3 (b))]. ".
4. In section 37, paragraph. 3, the letter n) following the letter o), which read:
"on the procedure for the management), management and operation of the Central Registration
Wills, ".
Letters about) and p) are referred to as the letters p and q)).
5. In section 37, paragraph. 4 the text "m) and (n))" shall be replaced by the text "m), n) and o)".
6. In section 48, paragraph. 1, after the words "the law", the words "or legal
Regulation issued on the basis of the resolution of the authority or notary
authorities ".
7. In section 70, the words "the District Court in whose district the customer has
the appellant (hereinafter referred to as "customer") of residence ' shall be replaced by the word "Chamber".
8. under section 71, the following new section 71a to 71 c, which including the following titles:
"Section two
Notarial deed with the permission of the enforceability of
section 71a
The notary draws up on the request of the notarial deed of agreement with the participant
undertakes to fulfill the claim or the claim of the other party arising
of contract a legal relationship, in which, to consent under this registration
was ordered and carried out enforcement (execution) If your
the obligation to fulfil properly and on time.
§ 71b
(1) the participants must contain
and the designation of a person) is committed to meeting the claims or other
the claim (persons),
(b)) indicate a person whose claim or other claim to be satisfied
(persons entitled),
(c)) the facts on which the claim or the claim is based,
(d)), the subject of performance
(e) the period of performance)
(f) a statement of the persons required) permission to the enforceability of the registration.
(2) the agreement of the participants may include conditions, where appropriate, mutual
the obligations of the persons concerned, on whose fulfilment is to provide the subject
the performance bound.
(3) the particulars of the agreement referred to in paragraphs 1 and 2 of the notary shall indicate in writing by
the same declaration the participants.
section 71 c
The provisions of section 62, paragraph. 2, section 63 to 69 and section 71 shall apply mutatis mutandis. ";"
In the sixth, the existing sections of the second, third and fourth are referred to as
sections of the third, fourth and fifth.
9. In section 72, paragraph. 1, after the words "for the application of", the words "or
the proof ".
10. In section 72, paragraph. 1 (a). (g)), after the word "dependence" the following words are inserted:
"and the State of things".
11. In section 79, paragraph 1, the following paragraph 2 is added:
"(2) a notary certifies also the factual state of affairs going on and, for example, compliance with the
the debt, the State of the real estate, flats and non-residential premises, if they can
be substantiated claims in proceedings before a court or other public authority, and
If the facts of the story was in the presence of a notary public, or if the
notary convinced about the State of things. ".
Paragraph 2 becomes paragraph 3.
12. In section 79, paragraph. 3 (b). and the word) "going on" the following words are inserted:
"or determine the State of things", and in subparagraph (b)) for the word "happening"
the following words: "or the State of things".
13. In section 83, paragraph. 4, the words "of the Court in whose district the customer has
place of residence ' shall be replaced by the word "Chamber".
PART THE THIRD
cancelled
Article. (III)
cancelled
PART THE FOURTH
Amendment of the Act on the Securities and Exchange Commission
Article IV
Law No. 15/1998 Coll., on the Securities and Exchange Commission, and amending and supplementing
other laws, is hereby amended as follows:
1. In section 11 (1). 1, the second sentence shall be deleted.
2. In section 11 paragraph 2 is added:
"(2) Provisional measures, the Commission may impose
and) who leads to the person against whom they take measures to remedy the
or penalties, a securities account, not to perform acts leading to the
transfer of securities from the account to any other account in the same or
other persons or the registration of the lien,
(b)), who leads the securities account, not to perform any acts
pointing to the transfer of securities from the account to any other account
of the same or of another person or the registration of the lien, if the account on the
that have been transferred by the person against whom they take measures to remedy the
or penalties, or any other party to the proceedings, the securities from their accounts,
(c)), who is in custody or in the administration of securities of the person against whom
adopting corrective measures or sanctions, or another participant
the proceedings, not to perform any acts leading to the conversion of these
securities on the other,
d) Bank, which leads to the person against whom the measures are taken to
remedy or penalty, or for the other party to the proceedings, the deposit
or other account that paid the funds from this account,
lack of them netting and or otherwise with them nenakládala,
e) Bank, which leads the current, deposit or other account, paid to
funds from this account, it does to them and even
otherwise nenakládala with them, with respect to the account, to which were transferred
the person against whom they take measures to remedy or sanction, or
Another participant in the management of the funds from their accounts,
f) Bank, which leads the current, deposit or other account, that from this account
transferred the funds to the account referred to in the decision, in the case of
the account that have been transferred by the person against whom the measures are taken to
remedy or sanction, or other participant in the management of the funds of the
their accounts. ".
3. In article 11 the following paragraphs 3 to 5 shall be added:
"(3) the decision on interim measures is delivered to the participants of this
the proceedings; decomposition brought on against this decision does not have suspensory effect.
(4) interim measures shall lapse on the expiry of the five days of its regulation.
Pass away if the reasons for which it was ordered, shall submit to the Commission
participants in the proposal for the Court to order the obligations referred to in paragraph 2, which
they were mentioned in the decision on interim measures. The proposal must be in court
filed within five days of the interim measures; in this case,
interim measures shall lapse on the date on the enforceability of the order of the Court,
that was decided on this proposal.
(5) decision on interim measures shall also include lessons about
When and under what conditions the preliminary measure ceases to exist. If the Commission shall submit to the
the Court referred to in paragraph 4, third sentence, shall be sent about the same day
notification to the participants concerned. ".
PART THE FIFTH
cancelled
Article. In
cancelled
PART SIX
cancelled
Article VI
cancelled
PART SEVEN
Amendment of the Act on courts and judges
Article. (VII)
cancelled
PART EIGHT
Amendment of the Act on the prison service and judicial guard of the Czech Republic
Article. (VIII)
In section 3 of Act No. 555/1992 Coll., on the prison service and judicial guard of the Czech
of the Republic, at the end of paragraph 4, the following sentence shall be added:
"Delivers also court documents and is entitled to discover the identity of the
persons to whom the court action is carried out or who delivers Court
document. ".
PART NINE
cancelled
Article. (IX)
cancelled
PART TEN
Amendment to the law on State Enterprise
Article. X
In section 24 of Act No. 77/1997 Coll., on State enterprise, paragraph 2 shall be deleted.
The former paragraph 3 shall become paragraph 2.
PART ELEVEN
Amendment to the criminal procedure code
Article. XI
Act No. 141/1961 Coll., on criminal court proceedings (code of criminal procedure), in
the text of Act No. 57/1965 Coll., the Act No. 58/1969 Coll., Act No. 149/1969
Coll., Act No. 48/1973 Coll., Act No. 29/1978 Coll., Act No. 43/1980
Coll., Act No. 159/1989 Coll., Act No. 172/1990 Coll., Act No. 303/1990
Coll., Act No. 563/1991 Coll., Act No. 25/1993 Coll., Act No. 115/1993
Coll., Act No. 292/1993 Coll., Act No. 154/1994 Coll., ruling
Court No. 214/1994 Coll., the finding of the Constitutional Court No. 8/1995 Coll., Act No.
152/1995 Coll., Act No. 150/1997 Coll., Act No. 209/1997 Coll., Act No.
148/1998 Coll., Act No. 166/1998 Coll., Act No. 191/1999 Coll. and act
No 29/2000 is amended as follows:
In section 272 the present text becomes paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) If a complaint for violation of the Act referred to in paragraph 1
submitted within three months of its submission to the decision of the Grand Chamber
the College, the Supreme Court may proceed under section 269, paragraph. 2 to § 271 only
then, he decided about this complaint within three months of its transmission
the Grand Chamber of the Court. ".
PART OF THE TWELFTH
Transitional and final provisions
TITLE I OF THE
Transitional provisions to part the first
1. Unless otherwise provided, this Act shall apply for the management of
initiated before the date of entry into force of this Act; the legal effects of
the acts that have occurred in the proceedings before the date of entry into force of this
of the Act, shall remain in force.
2. for the determination of the substantive and territorial jurisdiction in proceedings which have been
initiated before the date of entry into force of this law, shall apply
the existing legislation.
3. when deciding on disputes about jurisdiction shall proceed in accordance with this
Act i in the proceedings that were initiated prior to the date of its
efficiency. If, however, a dispute arose about the jurisdiction prior to the date
the effectiveness of this law, it shall be decided on in accordance with the existing laws,
regulations.
4. On the proposals on the commandment to another court of the same instance things made
before the date of entry into force of this law shall be decided in accordance with the existing
the legislation.
5. On the proposals on the exclusion of the judges, writers and other staff
Court experts, interpreters or notaries public from the operations of the Commissioner
submitted before the date of entry into force of this law shall be decided by
the existing legislation; the same applies, if the matter was before the date of
the entry into force of this Act without a proposal submitted to the Superior Court of
the decision about the exclusion of the judges.
6. The documents that were sent to the Court before the date of entry into force of
This Act, according to the addressees shall deliver to the legislation.
7. When deciding on the withdrawal proposal on the opening of the proceedings made before
date of entry into force of this law shall apply to the existing legal
provisions.
8. In the proceedings before the Court of first instance cannot use the new provisions of section
114b, was the first hearing in the case ordered prior to the date
the effectiveness of this Act.
9. In the proceedings that were initiated prior to the effective date of this Act,
You cannot use the new provisions of § 118b.
10. Reward for representation by a lawyer or a notary public in the proceedings in one
the degree, which was started before the date of entry into force of this Act,
shall be adopted in accordance with the existing legislation.
11. When correcting a decision issued before the date of entry into force of this
law or issued after proceedings conducted in accordance with the existing laws,
the regulations shall be followed according to the existing legislation.
12. Proceedings in the heritage after zůstaviteli, who died before the date of
the entry into force of this law, shall in the first instance be governed by pre-existing
the legislation.
13. For proceedings in the matters of the commercial register, and for the management of certain
the issues of commercial companies, cooperative societies and other legal persons
launched at the proposal, which was filed before the date of entry into force of this
the law, in the first instance to apply the existing legislation.
14. For the management of the Commission's proposals for the securities lodged before the date
the entry into force of this law shall apply in the first instance, the present
the legislation.
15. The appeal against the decision of the Court of first instance issued before the date of
the entry into force of this law or issued after proceedings carried out by the
the existing law shall be dealt with and decide according to the
the existing legislation.
16. proposals on the recovery proceedings against decisions issued prior to the date
the effectiveness of this law or issued after proceedings carried out by the
the existing law shall be dealt with and decide according to the
the existing legislation.
17. The appeal against the decision of the Court of appeal issued before the date of
the entry into force of this law or issued after proceedings carried out by the
the existing law shall be dealt with and decide according to the
the existing legislation.
18. in the first instance for the management of the enforcement debtor claims
from the account at the financial institution or other claims, which was
initiated before the date of entry into force of this law, shall apply
the existing legislation; the same applies to the implementation of these procedures
decision.
19. If the proposal on the regulation of the enforcement of a decision by the sale of real estate
or the establishment of a judicial lien on real estate filed before
date of entry into force of this law, the competent court shall inform the
Land Registry Office on the proposal within 15 days from the date of entry into force of
of this law.
20. the proposal for additional authorized on the regulation of enforcement by sale
the same property made before the date of entry into force of this Act
before the Court ruled on a final regulation enforcement,
considered to be the date of the accession to the management efficiency of this law.
If the proposal for a regulation on the enforcement of decisions by selling the same
real estate been taken before the date of entry into force of this
the law, the more legitimate the date of entry into force of this Act
a party to the proceedings.
21. enforcement by sale of the property, has been ordered
before the date of entry into force of this Act, applies to movables
which are the facilities of the property, only if, before the date
the entry into force of this Act, decided on the price of the property.
22. If in the neskončeném control, the final resolution on regulation
enforcement by sale of the property delivered to the persons and authorities,
which is delivered under this Act, the Court shall proceed to delivery
the resolution of these persons and authorities within 15 days from the date of entry into force of
of this law.
23. it was decided on the price of the sold property prior to the date
the effectiveness of this law, the procedure for the determination of the prices referred to in
the existing legislation.
24. If the auction is issued prior to the date of application of this
the law, however, the auction of real estate has not been carried out in the meantime, this Court
Ordinance and issue a new auction Decree under this Act.
25. If the property has been auctioned before the date of entry into force of this
the Act, completes the procedure for the enforcement of the decision in accordance with the existing laws,
regulations.
26. receivables secured by real estate transfer restrictions when the timesheet
distributed nature meet in the same group as the claims
secured by a lien; for the order of these claims is crucial
day of restrictions on the transfer of real estate. These lenders
the claims have in the proceedings for enforcement of the decision by selling real estate for the same
the rights and obligations as creditors claims secured by a lien
the law.
27. For the management of the execution of the decision of the property, clearing out an apartment or
the room, which is necessary to ensure compulsory compensation shall apply
the existing legislation, if the execution of the decision clearing out ordered
before the date of entry into force of this Act.
28. In deciding whether a decision can affect the performance of assets
belonging to the joint ownership of the spouses, marital disappeared until 31 December 2006.
July 1998 and were not, proceed according to the law
effective until 31 December 2006. July 1998.
29. The title for the execution of the decision are still deeds drawn up
within the meaning of the hitherto § 274 (b). (e) the date of entry into force) of the
the law, if the conditions laid down in the present law.
TITLE II
Transitional provisions to part two
1. The Central Register of wills, led by the notarial Chamber of the Czech
of the Republic shall be dispossessed of the will, of the instrument of ratification of the appeal
the written minutes of the State notarial notary public in time to 31.
December 1992; These will remain stored in the district courts.
2. The Central Register of wills, led by the notarial Chamber of the Czech
of the Republic shall be entered also the wills, which were written in the notary's registration
or that the notary took into custody prior to the effectiveness of this law.
3. The district courts shall transmit a copy of the Notarial Chamber of the Czech Republic of its
neprohlášených registration of wills not later than six months from the effectiveness of the
of this law. Until the handover of the investigation will be carried out in the register
neprohlášených wills for the purposes of proceedings relating to the heritage of the district courts pursuant to
the existing legislation.
TITLE III
Transitional provisions for part of the third through tenth
1. Unless otherwise provided, shall be governed by the provisions of this law and
legal relations arising before the date of entry into force of this Act; the emergence of
These legal relations, as well as claims arising from them prior to the date
the effectiveness of this law shall, however, be assessed in accordance with the existing laws,
regulations.
2. Under the new provisions of section 27a of the Act No. 335/1991 Coll., on courts and
the Judges Act, shall only be decided if the Senate of the Supreme Court to the
the legal opinion, different from the legal opinion expressed in the decision
The Supreme Court, which was published (released) after the effectiveness of the
the law.
TITLE IV
The enabling provisions
The Prime Minister is hereby empowered to make in the collection of laws, promulgated the full text
Act No. 99/1963 Coll., the code of civil procedure, as is apparent from the later
laws and the findings of the Constitutional Court.
PART THIRTEEN
The effectiveness of the
This law shall enter into force on 1 January 2005. January 1, 2001.
Klaus r.
Havel in r.
Zeman in r.
