7/2009 Sb.
LAW
of 11 December 1997. December 2008,
amending the Act No. 99/1963 Coll., the code of civil procedure, as amended by
amended, and other related laws
Change: 218/2009 Sb.
Change: 281/2009 Sb.
Change: 91/Sb.
Parliament has passed the following Act of the United States:
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. 50/1973 Coll., Act No. 20/1975
Coll., Act No. 135/1982 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. 114/1994 Coll., Act No. 152/1994
Coll., 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., Constitutional Court declared under no. 31/1996 Coll., Act No.
142/1996 Coll., the Constitutional Court declared under 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. 167/1998 Coll., Act No. 326/1999 Coll.
Act No. 360/1999 Coll., the Constitutional Court declared under no.
2/2000 Coll., Act No. 27/2000 Coll., Act No. 30/2000 Coll., Act No.
46/2000 Coll., Act No. 105/2000 Coll., Act No. 130/2000 Coll., Act No.
155/2000 Coll., Act No. 204/2000 Coll., Act No. 220/2000 Coll., Act No.
227/2000 Coll., Act No. 367/2000 Coll., Act No. 366/2000 Coll., Act No.
120/2001 Coll., Act No. 137/2001 Coll., Act No. 231/2001 Coll., Act No.
273/2001 Coll., the Constitutional Court declared under no. 276/2001 Coll.
Act No. 311/2001 Coll., Act No. 451/2001 Coll., Act No. 491/2001 Coll.
Act No. 501/2001 Coll., Act No. 151/2002 Coll., Act No. 202/2002 Coll.
Act No. 229/2002 Coll., Act No. 309/2002 Coll., Act No. 320/2002 Coll.
Constitutional Court declared under no. 476/2002 Coll., Act No.
88/2003 Coll., Act No. 120/2004 Coll., the Constitutional Court declared
under Act No. 153/2004 Coll., Act No. 235/2004 Coll., Act No. 256/2004 Coll.,
Act No. 340/2004 Coll., Act No. 435/2004 Coll., Act No. 501/2004 Coll.
Act No. 561/2004 Coll., Act No. 561/2004 Coll., Act No. 628/2004 Coll.
Act No. 59/2005 Coll., Act No. 170/2005 Coll., Act No. 205/2005 Coll.
Act No. 216/2005 Coll., Act No. 340/2005 Coll., Act No. 377/2005 Coll.
Act No. 383/2005 Coll., Act No. 413/2005 Coll., Act No. 56/2006 Coll.
Act No. 57/2006 Coll., Act No. 79/2006 Coll., Act No. 112/2006 Coll.
Act No. 115/2006 Coll., Act No. 115/2006 Coll., Act No. 135/2006 Coll.
Act No. 135/2006 Coll., Act No. 135/2006 Coll., Act No. 189/2006 Coll.
Act No. 216/2006 Coll., Act No. 233/2006 Coll., Act No. 262/2006 Coll.
Law No 267/2006 Coll., Act No. 309/2006 Coll., Act No. 315/2006 Coll.
Act No. 296/2007 Coll., Act No. 104/2008 Coll., Act No. 123/2008 Coll.,
Act No. 126/2008 Coll., Act No. 129/2008 Coll., Act No. 259/2008, Coll.,
Act No. 274/2008 Coll., Act No. 297/2008 Coll., Act No. 305/2008 Sb.
and Act No. 384/2008 Coll., is amended as follows:
1. in § 9 para. 3 (b). r), the words "from other business undertaking
relations, including disputes about compensation and unjust enrichment
between entrepreneurs in their business activities "shall be replaced by
"between the entrepreneurs in their business from the other
commercial law, including litigation for damages and release
unjust enrichment ".
2. In paragraph 11, at the end of paragraph 1, the following sentence "Factually and locally
the competent court is always also, whose jurisdiction is no longer possible under the
the Act explore or whose jurisdiction has been determined by a final
by decision of the competent court. ".
3. section 29 para. 3, the word "also", the words "unknown heirs
the testator, if it is not yet in the probate proceedings laid down his
the heirs, ".
4. In paragraph 29, at the beginning of paragraph 4 shall be inserted after the phrase "according to the Guardian
paragraphs 1 to 3, you can appoint a lawyer. Another person can appoint
guardian, only if you agree. ".
5. in § 31 para. 1, after the word "designated," the words "the guardian
or another ".
6. in § 31 para. 2, after the word "If" the words "the guardian
or other ".
7. in section 35 para. 3, after the words "paragraph 1 (b). (b) to (d))) "
the words "and i)".
8. In section 35 para. 4, the words "public prosecutor" shall be replaced by the words "State
the Prosecutor's Office ".
9. In § 36a para. 3, the words "in appeal proceedings and decided upon by
the Senate "shall be replaced by" the Senate acts and decides in proceedings at first
instance, if so provided by law, and in appeal proceedings ".
10. In article 38, paragraph 2 reads as follows:
"(2) the Mandate referred to in paragraph 1 shall not apply to requests for
legal assistance abroad, the provisions under section 175f heritage Manager
paragraph. 2, for annulment of the resolution on the heritage in accordance with § 175w and release
confirmation pursuant to § 175z para. 1. ".
11. In § 40 paragraph 1 reads:
"(1) the Acts, in which the Court acts with the participants, evidence or
announce decisions shall be recorded in the form of an audio or sound
video record ("record"). A record shall be kept on a permanent
the data medium, which is included in the file. ".
12. In article 40, paragraph 1, the following new paragraphs 2 to 6 shall be added:
"(2) it is not possible to record, or if so provided by law,
the acts, in which the Court acts with the participants, evidence or
the decision, announced by the Protocol. The Court may decide that it will at the same time
with the acquisition of a record drawn up about the Act Protocol. If they are not an
present participants, representatives of the public and the Court not only performs
documentary evidence or announce decisions, it is the acquisition of the Protocol.
In the event of a conflict log, and record the record. The Protocol is
lists always of the Act, which
and) was closed by a settlement
(b)) was an agreement on the education and nutrition of a minor child
(c)) was an agreement on intercourse with a minor child,
(d)) was an agreement on the settlement of the succession,
(e)) was an agreement on letting the předluženého heritage to cover the
debt, or
f) entitlement under section 153a of paragraph 1. 1.
(3) a transcript of the record or part thereof is taken always in matters of custody court
about minors, always if it is ordinary or extraordinary remedy
on the merits, or if so determined by the Court. The first sentence shall not apply, if
Court of first instance shall decide on the refusal of the appeal pursuant to section 208 of paragraph 1. 1
or if it was taken by the Protocol.
(4) acts carried out by the judicial Commissioner or the Court executor is
be recorded in the form of a record or log.
(5) in the transcript of the record or part thereof shall be marked in the present case,
shall be present, the acquisition date of the record, the date of preparation of the transcript and
a verbatim transcript of the record have a structured. The transcript shall be signed by the person who
It has produced.
(6) the Protocol shall be marked in the present case, the present, portrays
the course of the taking of evidence and indicate the contents of the přednesů, the lessons provided by the
participants, statements of decisions and observations of the parties on whether the
giving up the appeal against the announced decision; If the Protocol is replaced by the
the submission must also have its elements. "
Paragraphs 2 and 3 shall become paragraphs 7 and 8.
13. the following section is inserted after section 40a 40b, which reads as follows:
"section 40b
(1) any dispute or other legal things leads file in paper or in
electronic form.
(2) unless otherwise provided by law, on paper drawn up by the Act of the Court
signed by the President of the Chamber or the one who on behalf of the President of the Senate
or according to the law. Copy shall be made out, if it is
should be; It shall be signed by the person who made the copy.
(3) unless otherwise provided by law, drawn up by the Court shall affix the Act electronically
President of the Chamber or the one who on behalf of the President of the Chamber, or by
the law has made his advanced electronic signature based on a
the qualified certificate issued by an accredited provider
certification services (hereinafter referred to as "recognised electronic signature"). ".
14. in section 41 at the end of the text of paragraph 3, the words "shall be added; This is true even
then, if an act prescribed for the validity of substantive law, written
form. The provisions of § 40 paragraph 2. 3 shall apply mutatis mutandis. "
15. In paragraph 44, the following paragraph 4 is added:
"(4) paragraphs 1 to 3 shall apply mutatis mutandis for the playback,
provision of copies thereof or for other ways to capture content
of the Charter ".
16. section 45, including headings and footnotes # 58a is added:
"Service
§ 45
The methods of service
(1) a document served by the Court at the hearing or another Court Act.
(2) if service of a document pursuant to paragraph 1, delivers it to the Court
through the public data network to a data box ^ 58a). If it is not
can be effected via a public data network to the data
mailbox, the Court at the request of the addressee shall deliver to another address or to
an e-mail address.
(3) if it is not possible to deliver the document referred to in paragraph 2, the President of the Senate
orders to deliver it through the
and evidencing the authority of, or)
(b)) or his representative of a party.
58A) Act No. 300/2008 Coll., on electronic acts, personal numbers
and authorized the conversion of documents. ".
17. § 45a to 50F, including headings are deleted.
18. § 46 and 46a including the following titles:
"§ 46
Address for service through the public data network
(1) the address for service by public data network is
data mailbox address registered under a special legal
prescription ^ 58a).
(2) through a public data network, the Court delivers to the electronic
the address that the addressee has told the Court, if the Court of service
in this way, the documents requested or agreed with it and
If an accredited certification service provider said,
that issued the certificate and its qualified leads to its register, or
submit your valid qualified certificate.
section 46a
Address for service
(1) shall be served on the addressee at the address for service, you can also
delivered at any other point on which will be reached.
(2) if the addressee so requests, the Court delivers to another address or
the e-mail address, which he said, if the law does not exclude or
the nature of things, especially if it can help speed up the proceedings. This address
the management of the address for service.
(3) the addressee is in the proceedings of the Court shall without undue delay inform
changes to any of the facts relevant to the service referred to in paragraph 2,
These changes are effective against the Court as soon as he was the addressee of the
notified. ".
19. section 46a, the following new section 46b and 46 c, including headings and
footnotes # 58b and 58c are added:
"§ 46b
The address for service by delivering to the authority of a participant
proceedings or its representative
If the addressee did not indicate on your submission or other Act taken to court
address of the location in the Czech Republic, to which he is or may be
the document is delivered to the address for service of the document
delivered by means of evidencing the authority of a party or
his representative
and for natural persons) address registered in the information system records
of the population to which the documents are to be delivered to her ^ 58b); If it is not
such registered address, address of residence, led by by
special legal regulation ^ 58c)
(b)) for the entrepreneurial natural persons address the place of business or address
Representative for service referred to in the Treaty, in a dispute under this agreement;
If the business of a natural person, organizational unit and registered address
organizational folder
(c)) for natural persons in prison or in custody address
the prison, which carries a punishment or binding,
d) for natural persons in facilities for the performance of protective measures
security detention, institutional or protective education address of this
the device,
(e)) in the legal entity registered address recorded in the register, or
address of agent for service of process referred to in the Treaty, in this
of the Treaty; If the legal person has an organizational folder and registered address
organizational folder
(f)) for the address of the registered office, lawyers
(g)) in their address of the notary, notaries,
(h)) at the address of their Office of bailiffs,
I) for patent attorneys address of the registered office or place of residence registered in
Chamber of patent attorneys,
(j)) at the address of the registered office of insolvency administrators registered in the list of
insolvency administrators,
to the State headquarters) in the relevant organizational units of the State, in the case of
The Office of the Government representation in property Affairs address of its
the relevant territorial departments,
l) for the Prosecutor's Office the address of its registered office,
m) at the administrative offices of the registered office address,
n) for municipalities and higher territorial self-governing units, the municipal headquarters
the Office and the address of the seat of the regional authority or municipality of the capital city
Prague.
section 46 c
The representative for service of documents
(1) If a party or its representative can serve documents without
difficulties or delays, President of the Chamber, without delay, will prompt him to
slated for service of documents; This does not apply in cases where the
a party or representative is in prison, in
custody or in facilities for the performance of protective security measures
detention, constitutional or protective care when the party to the proceedings, or
the representative shall enjoy diplomatic privileges and immunities, it is the apartment of the person who
shall enjoy diplomatic privileges and immunities, or is to be delivered in the building
or a room protected by diplomatic immunity, or where a participant
proceedings or the representative is a soldier in active service, National Police
The Czech Republic, a member of the fire brigade of the United
the Republic or a member of the prison service and judicial guard, which
cannot be delivered otherwise than through the regional military
Headquarters, Ministry of the Interior or the Ministry of Justice.
(2) If a participant Chooses or its representative within the period prescribed
the representative for service of documents or, if not possible or this
the representatives without difficulty and delays to deliver, deliver the documents to them
saving for the delivering of the Court. The participant or his representative shall
be in the invitation referred to in paragraph 1.
(3), who has been in the protection from domestic violence
shall be prohibited in the apartment or elsewhere, which could be
delivered (section 46a, paragraph 1, and 2), the Court in the enforcement (§
273b) prompts you to, if it is not possible to deliver through the public
the data network in the data box, the Court said the address to which it will be
for the duration of the measures possible to serve documents (§ and § 46 paragraph 46a.
1), or to choose a representative for service of documents. Does not comply with the
the challenge of delivering the document by saving it to him in court; about this effect
in the invitation must be advised.
(4) a document which has been deposited with the Court in accordance with paragraphs 2 and 3 shall be
deemed date of imposition.
58B) section 10b, para. 1 of Act No. 133/2000 Coll., on the population register, and
social security numbers and amending some laws (law on population register)
as amended by law No 7/2008 Sb.
58c) section 10 of Act No. 133/2000 Coll., as amended.
section 77 of the Act No. 325/1999 Coll., on asylum and on the amendment of Act No. 283/1991 Coll.,
the police of the Czech Republic, as amended, (the Act on
asylum), as amended. ".
20. section 47 and 48, including headings and footnotes, no 58d:
"§ 47
Delivery via a public data network
(1) for service through the public data network to the data
the Clipboard is followed by a special legal regulation ^ 58a).
(2) the service of a document pursuant to § 46 para. 2 the Court shall invite addressee,
to confirm the delivery to the Court within three days of sending the document data
the message using his advanced electronic signature.
(3) delivery via a public data network for electronic
the address is ineffective if the document is sent to the email
the address of the Court returned as undeliverable or if the addressee within 3 days
by sending the document confirmed its receipt of a data message to the Court
in accordance with paragraph 2.
§ 48
Service by delivering to the authority
(1) the Doručujícími authorities are
and) the Court messengers,
(b)) the authorities of the judicial guard,
(c)) the Court executors,
d) postal operators.
(2) the Doručujícími authorities are also
and) the prison service of the Czech Republic, in the case of delivery to individuals
in prison or in custody,
(b) institutional) equipment or protective custody, if the
delivery to individuals located in these facilities,
(c)) the Institute for performance security detention, in the case of physical delivery
persons located in this facility,
(d) the regional military headquarters) in the case of soldiers in active service
the service and it is not possible to deliver the document otherwise,
e) Ministry of the Interior, in the case of service of members of the police of the Czech
Republic and the document is not meant to be delivered differently,
f) Ministry of Justice (hereinafter referred to as "the Ministry"), in the case of
the delivery of physical persons enjoying diplomatic privileges and immunities,
or to persons who are in the apartment who enjoys diplomatic privileges and
immunity, or to the persons to whom it is to be served in a building or in the
room protected by diplomatic immunity.
(3) by means of postal operators can be used to document
deliver only if by postal contract closed ^ 58d)
postal operators the obligation to deliver a shipment containing
the document in a manner that is prescribed for the service of documents in this
by law.
58d) Act No. 29/2000 Coll. on postal services and amending certain
laws (the law on postal services), as amended. ".
21. § 48a-48i including headings and footnotes # 61, 61a, the reference to
61 d shall be deleted.
22. section 49 and 50, including the following titles:
"§ 49
Service of documents into your own hands
(1) into your own hands with the addressee, where so provided by the
the law or the Court so orders.
(2) if the body effecting failed to reach the addressee, the document saves
and the addressee will leave a written request in an appropriate manner, in order to get the document
pick up. If you cannot leave a challenge at the place of delivery, returns, serving the
the document transmitting authority of the Court and shall indicate, in that day was not the addressee of the
having been reached. Sending the Court be posted on the official Board call for pickup
documents in court.
(3) a document is saved
and in the establishment of) a postal service provider, if the document is
delivered through a
(b)) at the Court, to whom the document was returned because of an inability to leave a
the challenge,
(c)) in other cases in the District Court in whose area is the place
delivery.
(4) Collect the addressee within 10 days from the date on which the
She was ready to pick up, the document shall be considered as the last day of this
time limits to be delivered, even if the addressee of the deposit. Serving the
authority after the expiry of this period the postman service within the House or
other addressee used mailbox, unless the Court, even without the proposal excludes
the insertion of the document to the Clipboard. If there is no such mailbox, the document is
Returns to the transmitting to the Court and posted about it on the official notice board
the Court.
(5) in the case of documents, where provided for by law, or where so ordered
President of the Chamber, the delivery is excluded pursuant to paragraph 4. Serving the
authority in this case, the document returns to the transmitting of the Court after a futile
period of 10 days from the date when it is ready for pickup.
(6) service of a document through the public data network is considered to be
for delivery to the addressee.
(7) if the body effecting the recipient died, document returns
message sending to the Court.
§ 50
The delivery of other documents
(1) if the body effecting failed to reach the addressee, dump in the document
to the House or other addressee of the used Clipboard; the document shall be deemed to
delivered by dropping to the Clipboard, inserting a date indicate that delivers
authority on the acknowledgement of receipt and on the document.
(2) if it cannot be delivered to the referred to in paragraph 1, the body effecting the document returns
the sending of the Court and at the point of delivery of this fact leaves
written notice. Sending the Court delivers the document by posting on the official
Board of the Court; the document shall be deemed to have been delivered on the tenth day after
off-hook. The same happens if you cannot leave at the place of delivery
the notification; § 49 paragraph 1. 7 shall apply accordingly. ".
23. section 50a up to 50i, including headings:
"§ 50a
Recipients of documents
(1) A person referred to in section 46b (b). (e)), k), m) and (n)) shall be entitled to
the document taken by persons referred to in § 21-21b, or another person,
they have been entrusted with, which have been mandated to do so, or where it is
because of their work or other similar relationship to the addressee
the usual.
(2) the entrepreneurial natural person shall be entitled to accept a document
persons who have been authorised to do so, or in which it is due to their
work or other similar relationship to the addressee.
(3) the document to the lawyer, a notary, bailiff and
Patent Attorney for them can receive persons who were
empowered, or their employees. If these persons are exercising their
working together with other people, they can accept it and such other persons
and their employees.
(4) the document to the lawyer, who performs legal profession as a business partner
a commercial company may for him to accept the statutory authority, other
the shareholders of this company or its employees and persons to
have been mandated. If an attorney practicing law in employment to
another lawyer or to the company, the document for it to take
his employer, its employees and the persons empowered for that purpose.
section 50b
The service representatives of the participant
(1) If a party Has a representative, delivers only the representatives, unless the
the law provides otherwise.
(2) If a party Has a representative with full power, the President shall order the
service of the document to the Senate (electronic document) this only
representatives, unless the law provides otherwise.
(3) If a participant is Granted power of attorney only for specific tasks, it shall
the President of the Senate of the service of the document (electronic document) only
its representatives, only if the power of attorney to do it explicitly authorizes,
unless the law provides otherwise.
(4) a document shall be served on a party, also
and if you want) the participant personally attend or another act of the Court
or if something else in the proceedings in person,
(b)) If a participant is represented by a legal representative under paragraph 23,
c) in the case of service of the order of the provisions of a guardian under section 29, §
paragraph 187. 1, § 191b para. 2 and § 192 paragraph 2. 1; resolution on the provision
guardian of a party whose stay is not known, a party which
failed to be delivered to the known address in a foreign country, to unknown heirs
the testator, if it is not yet in the probate proceedings laid down his
the heirs, and the legal entity which, as a party to the proceedings is unable to before
Court Act, therefore, that there is not a person entitled to act for it, or
It is debatable who is the person authorized to act for her, however, delivers
the only other parties and appointed guardian and displaying the
on the court notice board,
(d) If a party) was appointed guardian because of other
health reasons than for disability mental disorder not only after
transitional period to take part in the proceedings, or that it is not able to present clear
Express,
(e)), the Court so decides.
§ 50 c
Refusal to accept a document
(1) if the addressee or recipient of the documents delivered
the document, the document shall be deemed to be delivered on the date of adoption of the
the writ was denied; must be the addressee or recipient
the document advised.
(2) the addressee or beneficiary is obliged to challenge the documents evidencing the
authority to establish their identity or to provide any other assistance
necessary for the proper service of the document. If the addressee refuses or
the recipient of the document the procedure according to the first sentence, the document under the
to have been delivered on the date when the proof of identity or provide synergy
It was rejected; must be the addressee or recipient of the document advised.
(3) an indication referred to in paragraphs 1 and 2 shall be granted orally in delivery or
in writing; written communication shall be sent to the recipient. Unless it can be written
the lessons can pass to the recipient is to leave a house in the adresátově or other
It used the mailbox or at another suitable place.
§ 50 d
The inefficiency of delivery
(1) at the request of the party sending the Court decides that the delivery is
ineffective if the participant or his representative could not excusable
because with the documents. The proposal must be made within 15 days from the date of
When he became acquainted with the documents delivered or could meet. In the draft
must be in addition to the General requirements (section 42 (4)), the date when the
the participant with the delivered documents met or could meet, and
designation of evidence, which is to be the timeliness and soundness of the proposal demonstrated.
(2) in the cases referred to in § 120 paragraph 1. 2, in the case of uncontested proceedings, the Court
decide on the ineffectiveness of the delivery of its own motion, if it is based on the content
the file of the obvious, that the participant or its representative with for good reason
was unable to meet or to acquaint themselves with the documents.
(3) the application referred to in paragraph 1 may be made after having already acquired legal force
the judgment pronouncing the divorce, that is
invalid or that there is not, and the judgment, pronouncing cancellation,
the invalidity or lack of a registered partnership ^ 33 c) ("hereinafter referred to as
partnership ").
(4) Omluvitelným the reason referred to in paragraph 1 cannot be the fact that
a natural person at the address for service is permanently absent, the fact that
in the case of entrepreneurial natural persons and legal persons in the address for
No one delay delivery.
(5) if the Court has decided that the document has been served is ineffective, it is considered
the document is to be delivered on the day of the decision about the ineffectiveness.
§ 50e
Service by a party or his representative
(1) at the request of the interested party or his representative, the Court may entrust the
the delivery of a document into your own hands, or other documents.
The credential is not a judicial decision.
(2) the person in charge referred to in paragraph 1 shall transmit to the addressee on the
address for service, or anywhere it finds. The addressee is required to
confirm the receipt of the writ; the confirmation shall contain the indications
to be served, that was inserted into the envelope, the date of delivery and
the signature of the addressee. The document shall be deemed to have been delivered on the date specified in the
proof of delivery.
(3) if the addressee refuses to accept the document or to the participant or
its representatives fail to effect service, returns the participant or his
the representative of the document without delay to the Court.
§ 50f
Licence delivery
(1) if the Court Delivers a document at the hearing or other court
the Act, which shall be recorded in the log, it shall be indicated in the minutes of the hearing, or
in the log, which was drawn up by another Court Act. In the Protocol shall
In addition to the other requirements (§ 40 paragraph 6) shall indicate the document was
delivered. The Protocol signed by the also the one who made the delivery, and the recipient.
(2) if the document is delivered via a public data network on
the electronic address is proved by the addressee, a data message
using his advanced electronic signature, which confirmed
the adoption of the document.
(3) if the Court delivers the document in the Act, which does not purchase
the Protocol, or by means of evidencing the authority shall mark the delivery
documents on the packing slip. Delivery report is a public document. If it is not
to the contrary, shall be deemed the information shown on the return receipt as true.
(4) in the case of service by the participant or his representative's ID card
the delivery of a receipt dated and signed by the recipient.
(5) If you cannot demonstrate any delivery of the ways referred to in paragraphs
1 to 4 can be demonstrated also in another way.
§ 50 g
A confirmation of receipt
(1) a confirmation of receipt shall contain
and the designation of the Court), which document forward to delivery,
(b) the designation of the delivering of the authority)
(c) the designation of the document to be served),
(d) the indication of the addressee and address) to which it is to be served,
e) statement evidencing the authority of that day was not the addressee of the
in the event, in which day the document was delivered to the addressee or to a recipient in the
that day the document was ready to be picked up, in that day was
receipt of the writ is denied or has not been granted the necessary synergy
for the proper service of a document,
f) hour and minute delivery, if the indicated note "the exact time
delivery ",
(g)) name and surname of the postman, his signature and official stamp
evidencing the authority,
h) name and surname of the person who has taken over or that the document receipt
documents or did not deny the assistance needed to
the proper service of a document, if these data doručujícímu authority
unknown, an indication of its relationship to the addressee, if the document adopted
the addressee, and its signature
I) indication whether is ruled out inserting the document to the Clipboard.
(2) if the document is saved, the confirmation of receipt must also contain an indication of the
whether the recipient is left behind to pick up the document's.
(3) will pick up if the addressee or recipient, stored document must
used, also include
and) name and surname of the person who forwarded the document to his signature and the imprint of the
official stamp evidencing the authority,
(b) the delivering of the authority) issued a statement in which day the document was
picked up,
c) hour and minute delivery, if the indicated note "the exact time
delivery ",
(d)) first and last name of the person who saved the document and its
signature.
(4) if the addressee has refused, or the recipient of the document, accept or
It did not provide the assistance necessary for the proper service of a document, you must
delivery report also contain an indication of whether it was granted or
a letter about the consequences of refusal to accept the document or
failure to provide synergy, and whether, or what was the refusal of acceptance
the document is justified or what non-cooperation.
(5) if the delivered writ pursuant to § 50, and if the document has not been
delivered to the recipient, or the recipient must used, in addition to requirements
referred to in paragraph 1 contain
and evidencing the authority) statement about which day the document was
into the House or other addressee mailbox, the used
(b)) hour and minute delivery, if the indicated note "the exact time
delivery ",
(c) name and surname of Courier), his signature and official stamp
evidencing the authority.
(6) if the recipient's signature to confirm delivery of the document,
receipt acknowledgement of receipt by the recipient in addition to courier
also other suitable natural person.
§ 50 h
Challenge
(1) a challenge pursuant to § 49 paragraph 1. 2 shall contain the indications
and the Court that the document) forward to delivery,
(b)) to be served, that was inserted into the envelope,
(c)), the addressee and the address to which the documents should be delivered with envelope
d evidencing authority)
e) name and surname of the deliverer and his signature.
(2) if it is not ruled out replacement service of a document, it shall also be
included lessons about the consequences if the document will not be picked up.
(3) the body effecting in the invitation shall indicate, with whom, where, and in which the day was
document ready for pick-up and by when, and at what time the recipient's
pick up a document.
§ 50i
Notification
Notice pursuant to § 50 para. 2 shall contain the indications
and the Court that the document) forward to delivery,
(b)) to be served,
(c)), the addressee and the address to which the documents should be delivered with envelope
d evidencing authority)
e) a statement that the document has been returned to the sending of the Court,
(f)) name and surname of the courier, and its signature ".
24. the following sections are inserted after section 50i 50j up to 50 l, which including headings and
footnote No. 58e, 58f, and 62 shall be added:
"§ 50j
Delivery abroad
(1) delivery to a foreign country shall be treated in accordance with international agreements
or by directly applicable legislation of the European communities
governing the service of judicial and extrajudicial documents ^ 58e) or
under special legislation ^ 58f).
(2) if it is delivered to a foreign country, and it is impossible to determine the date of service
the document, however, from the content of the Charter, or other Act of the addressee
It is clear that the document was delivered to him, the document
was delivered on the day when the Court was sending such
the Charter, or when he was at the Court made such an act.
§ 50 k
Publication of notices
The obligation to disclose to the Court decree or otherwise, certain data,
provided for in the Act, is met by posting on their Business
Journal ^ 62), not limited to the law of disclosure only to the official
Board of the Court; This does not affect statutory duty of disclosure
the information in the press or other suitable means.
§ 50 l
Posting on the official Board
(1) if provided for in the law that a decision or other document to be
posted on the official notice board of the Court, the 10th day after the date of posting
have been delivered to the participants, who are not known to the Court, whose stay is not
I know that failed to deliver on a known address in a foreign country, or
the unknown heirs of the testator, if it is not yet in the probate proceedings
determined by the range of his heirs, or the legal entity that as a participant
the proceedings could not act before the Court, therefore, that there is not a person entitled to
for her act, or that it is debatable who is the person authorized to act for her,
and representatives or guardians of participants, whose stay is not known or
that failed to deliver on a known address in a foreign country, where appropriate
other individuals, of which it shall lay down the law.
(2) if provided for in the law, that on the court notice board to be posted up challenge
or, remove the prompt communication or communication after the expiry of 30 days from the date of
off-hook.
(3) the contents of the official Board Court exposes the way allowing remote
access.
58e) Council Regulation (EC) No 1348/2000 of 29 June 2000. May 2000 on
the service of judicial and extrajudicial documents in civil or
business in Member States. Regulation of the European Parliament and of the Council
(EC) No 805/2004 of 21 April 2004. of 21 April 2004 establishing a European
enforcement order for uncontested claims.
58f) Act No. 97/1963 Coll. on international private and procedural law,
in the wording of later regulations.
62) § 769 of the commercial code. ".
25. section 51 including title:
"The summons and demonstrations
§ 51
(1) a summons is happening in paper or in electronic form and
in urgent cases, by telephone or by fax. You can also call
orally at the hearing or other Act Court in which the defendant is
present.
(2) if required by law or a special law for the summons
other issues the summons must contain, in which matter is
who is summoned to appear, the subject and the place of the Act the court time of the commencement of the Act,
the reason for the summons, the obligation to act when and where appropriate, i.e.
the anticipated duration of the Act. ".
26. in section 78 c of paragraph 1. 4, the words "resolution on regulation to ensure the subject
means of proof delivered "shall be replaced by the words" delivered a copy of the
copies of the resolution to ensure the regulation of the subject of the burden of
resource ".
27. in § 79 paragraph 2. 1, after the word "last" word "and" is replaced by a comma and
After the words "residence of the participants" are the words ", where appropriate, social security
the number of participants ".
28. in paragraph 80 (b). a), the words "registered partnership" ^ 33 c) (hereinafter referred to as
"the partnership") "shall be replaced by the word" partnership ".
29. in § 87 para. 1 at the end of subparagraph (f)), the comma is replaced by a dot and the
the letter g) shall be deleted.
30. In paragraph 88 (b). (d)), the words ". In the case of proceedings for the vote
the admissibility of the takeover or kept in the Institute of health care, it is
the competent court, in whose district the Institute "shall be deleted.
31. in section 88) points (g) and (h)):
"(g)) the area in which the Institute is engaged in medical care, if the
proceedings for the vote on the admissibility of a takeover or possession in this Institute;
h) in whose area the property, where the control rights to it, if it is not
jurisdiction under subparagraph (b)); ".
32. In paragraph 88, the letters ch) up to) become letters and) to (p)) and shall be added:
"i) in whose district the last residence of the deceased, and did not have a
domicile or place of residence cannot be ascertained, in whose district the last
the stay; If no such court is the competent court in whose circuit is
zůstavitelův assets, or between several competent courts as follows
one of them, who first performed the Act, in the case of proceedings for heritage;
j) in whose area is the place of performance, with respect to the management of the úschovách; If they are
the place of performance within the jurisdiction of several courts, it is appropriate to control by úschovách
the Court, which will control;
k) in whose district the General Court of the applicant has, in the case of proceedings for reimbursement
of the instruments; If the applicant does not have in the Czech Republic the General Court is competent
the Court, whose jurisdiction is the place of payment; with regard to the procedure for the redemption
a security issued by a domestic Bank, the Court, in
the area in which the Bank has its head office;
l) which is the management of the heritage, if the resolution of the dispute in
connection with the management of heritage (§ 175 k);
m) which is the procedure for úschovách, if it is a decision that one who
the release said the subject of custody to the applicant shall be obliged to agree with him
(§ 185e);
n) in which the enforcement is carried out, with respect to the exclusion of things from
enforcement of a decision or ruling of authenticity of, group, or
ranking of claims opted in to the schedule;
about) which is implemented in a bankruptcy or settlement in the case of disputes by
developed, unless it is a settlement of joint property or other assets
of the spouses;
p) in whose district the headquarters organizational unit has a railway carrier
If a dispute arises on the part of the defendant this drive; ".
Letter p) is referred to as the letter q).
33. In paragraph 88, at the end of the letter q) dot is replaced by a semicolon and the following
the letter r) up to), which read as follows:
"r) in which the proceedings are pending, in the case of an action according to § 91a;
with) in whose district the seat of the Office for the protection of competition, if it is
on the management in accordance with § 200 h and 200i;
t) in whose district the auction was made, if it is a matter of public auction
According to the law on public auctions;
u) is the future registered office of a European company to be formed, to be on the territory of the
The United States, if the appointment of an expert according to a special legal
prescription ^ 62e). ".
34. In section 89a, the second sentence shall be deleted.
35. In paragraph 105 paragraph 1 reads:
"(1) the jurisdiction of the Court examine only the completion of the preparatory meeting
pursuant to section 114c. This did not make the preparation of meetings, the Court examine the local
jurisdiction just before it begins to act on the merits, or decided to-
If the substance of the case without a hearing, just before the release of the decision; This does not apply,
in the case of an order for payment, the electronic payment order or the European
order for payment. Later, the Court examines not only the
preparation of the negotiations carried out under paragraph 114c, and only on the objection of the participant,
that was applied during the first Act, which it is for the party. When
examination of the jurisdiction shall not be considered for the preparation of the hearing, the hearing
and other operations carried out before a court and the jurisdiction, in substance, to
a decision issued by the Court of the jurisdiction. materially ".
36. In § 109 paragraph. 1 (b). (c)), the words "by law or an international
the Treaty, which takes precedence over the law, ^ 33a) "shall be replaced by
"policy".
37. the footnote No. 33a is hereby repealed.
38. Section 114b reads as follows:
"section 114b
(1) if required by the nature of the case or the circumstances of the case, as well as when
If it has been decided on the matter, the electronic payment order payment
command or the European order for payment, the President of the Senate instead of
challenges under section character paragraph. 2 (a). and it was not) or such a challenge properly and
granted, the defendant timely resolution save that in the case in writing
comment and that in the event that the claim put forward in the application, completely disowns in
expression of the decisive facts on diction, which puts its defense,
and the expression joined the documentary evidence, which relies on, or
called evidence to prove their claim; This does not apply in cases in which
Unable to conclude and approve a settlement (article 99, paragraphs 1 and 2), and in the cases referred to
in § 120 paragraph 1. 2.
(2) to submit observations in accordance with paragraph 1, the President of the Senate shall determine the period
which may not be less than 30 days after service of the order. If it was about the things
decided to order for payment, the electronic payment order or
European order for payment shall be determined by this time limit from the date of statement of opposition
statement of opposition, the electronic payment order or
the European order for payment.
(3) the resolution referred to in paragraph 1 may not be issued or delivered after the preparatory
hearing pursuant to section 114c, or after the first hearing in the case.
(4) the resolution referred to in paragraph 1 shall be delivered to the defendant's own
hand, substitute service is excluded. The resolution shall be on the defendant
delivered before the action.
(5) If a defendant without good reason to challenge Court under
paragraph 1 does not respond in a timely manner and within the prescribed period or the Court has failed to communicate what
serious reason prevents him, it is considered that the claim that it is against him
action, the presumption acknowledges; about this effect (section 153a (3)) must be
advised. This does not apply if they are satisfied the conditions for termination of the proceeding
or denial of the application. ".
39. section 114c including the title reads as follows:
"§ 114c
Preparatory meetings
(1) if it is not possible to decide on the merits of the case without hearing, regulation
If it has not been or cannot be according to § character paragraph. 2 conduct
ready so that you can decide in a single case discussions, and
If the warrant pursuant to Section 114b, President of the Chamber, with the exception of disputes and
other legal cases in which such a procedure appears to be having regard to
circumstances of the case, order the trembling and carry out preparatory negotiations.
(2) the President of the Senate will summon the drafting negotiations, participants and their
the representative, where applicable, other persons whose presence is a must.
The summons to the drafting negotiations must be delivered into their own hands.
Substitute service is excluded.
(3) the President of the Senate, in particular, the preliminary hearing
and) in collaboration with parties to clarify whether the conditions are met, management
and, where appropriate, adopt measures to eliminate the observed lack of conditions
management,
(b)) shall invite the participants to complete their necessary log statements about
the facts relevant to the cause, and proposals to obtain evidence to their
the demonstration and to meet their additional procedural obligations, and provide
the attendees the necessary lessons; section 118a here shall apply mutatis mutandis,
c) attempts to resolve a friendly things (section 99),
(d) the parties further) saves the procedural obligations needed to
the purpose of the proceedings.
(4) the procedural obligations referred to in paragraph 3, the Parties shall meet the
the completion of the preparatory meetings. Important reasons the Court participants
provide, at the request of one of them a time limit to complete the claim of
the facts relevant to the cause, for proposals on the implementation of
evidence, or to fulfill other procedural obligations; This period shall not
be longer than 30 days.
(5) before the end of the preparatory negotiations, President of the Chamber shall instruct, with
the exception referred to in § 120 paragraph 1. 2, present participants about the fact that
to the facts set out and the evidence indicated after the end of the preparatory
negotiations, where appropriate, after expiry of the period referred to in paragraph 4, second sentence, the
be taken only under the conditions specified in § 118b para. 1.
(6) If a defendant fails to appear for the hearing, although drafting was properly and
timely summoned at least 20 days in advance, and it was delivered to an action properly,
without timely and important reason, excused himself, has, with the exception of things
in which you cannot conclude and approve a settlement (article 99, paragraphs 1 and 2), and things
referred to in § 120 paragraph 1. 2 for it, that it acknowledges the claim which is against it
apply an action; about this effect (section 153a (3)) must be advised in
the summons to the drafting negotiations. This does not apply, are met.
the conditions for terminating the proceedings or reject the complaint.
(7) does not attend to the drafting negotiations, the applicant or other
the appellant, although he was duly and timely summoned at least 20 days in advance,
without timely and important reason, apologized to the court proceedings, except
the things referred to in § 120 paragraph 1. 2, stops; about this effect must be
instructed in summons to drafting negotiations. ".
40. In article 115, paragraph 2 reads as follows:
"(2) the summons must be served on the participants so that you have enough
time to prepare, as a rule, at least 10 days prior to the date on which the meeting is to
held, was not preceded by preparatory negotiations if. ".
41. section 118b:
"§ 118b
(1) in matters in which it has been carried out to prepare the hearing pursuant to section 114c,
participants can provide relevant facts about the merits of the case, and mark evidence
to demonstrate just the completion of preparatory negotiations, where appropriate, to
end of the period, that they were given to supplement the claims about
the facts relevant to the case, to submit proposals on the taking of evidence
or to fulfill other procedural obligations (section 114c (4)). If
preparation of the negotiations has been made under section 114c, the participants can indicate
the relevant facts about the merits of the case and the evidence to prove the mark
only until the end of the first Act, where appropriate, to the end of the period, which
was granted to the participants to supplement the claims about facts
relevant to the thing for proposals to obtain evidence or to meet
other procedural obligations. To later above, and
the evidence the Court may take into account identified, only if the facts or
the evidence, which is to be carried out by the credibility of evidence
resources that occurred after the preliminary hearing or that the participant
He could not provide in a timely manner without your guilt, as well as to the facts or evidence,
participants said that after one of them was called upon to supplement
facts pursuant to § 118 paragraph. 2.
(2) if the authorized change action (section 95), there are the effects of under
paragraph 1 shall not affect. If the accession of another participant (§ 92
paragraph. 1) or exchange participant (§ 92 para. 2), occur in relation with
new participants of the effects referred to in paragraph 1, the end of the first meeting,
that was ordered after accession, or confusion of the participant and that is in the
things took place; participants must be instructed in the summons to this
the negotiations.
(3) the limits referred to in paragraphs 1 and 2 shall not apply in the cases referred to in § 120
paragraph. 2 and in the case that the participants were not properly instructed in accordance with paragraph 2
part of the second sentence, after the semicolon, or under section 114c paragraph. 5. ".
42. section 118c is hereby repealed.
43. In section 119a para. 1 the term "118c" is deleted.
44. In paragraph 2 of section 119a 2 the term "118c" is deleted.
45. In § 120 paragraph 1. 3, the words "the need for their implementation, to identify
the facts in the proceedings "shall be replaced by the words" are needed
to determine the facts and resulting from the content of the file ".
46. In paragraph 126 of paragraph 1. 3, the second and third sentences are replaced by the phrases "Ask
questions to the right gradually the President of the Senate, members of the Senate, the participants and the
experts. Question asked by the participant or an expert Chairman Senate
not just if not related to the subject of the hearing, or
indicates if the response or if, in particular, by pretending to be unsubstantiated
misleading or false facts; If the does not purchase the testimony
the record, the President of the Chamber, always in the log of the reasons for which the question
not allowed. ".
47. in section 126 shall be added to § 126a, which reads as follows:
"§ 126a
(1) a natural person who is to testify about the circumstances relating to the
legal entity and occurring at a time when it was a statutory body
or a member of that body, is required to attend the summons to court
in a proceeding to which this legal person.
(2) the hearing of the natural persons referred to in paragraph 1 shall be made in accordance with § 131
paragraph. 2 the second sentence of paragraph 1 and article 131. 3. ".
48. In paragraph 137 of paragraphs 2 and 3, including footnote # 57f are added:
"(2) the remuneration for the representation belongs to the costs, only if it is representative of the
a lawyer or notary in the scope of their permissions provided for special
^ Law 57) or patent attorney in the scope of approval
provided for by specific legislation ^ 57b).
(3) compensation for value added tax belongs to the cost control, only if it is
the representative of the
Attorney, notary) in the scope of their permissions provided for special
^ Law 57) or a patent attorney in the scope of their permissions
provided for by specific legislation ^ 57b), which is a VAT payer
the value added by a special legal regulation ^ 57 d),
(b)) a lawyer who is a member of a legal person established for the purpose of
practice under a special legal regulation ^ 57e), and the payer
value added tax according to a special legal regulation 57 d) ^ ^
legal person,
(c)) patent attorney in the scope of their permissions provided for special
^ law 57b), which is a partner, shareholder, employee
or a statutory or supervisory body of a company patent
^ 57f) representatives, and a payer of value added tax under the Special
^ Law 57 d) is the legal person,
(d)), a lawyer who is an employee of another lawyer or legal persons
established for the purpose of advocacy under a special legal
prescription ^ 57e), and a payer of value added tax under the Special
^ Law 57 d) is the employer of the lawyer.
57f) section 10 of Act No. 435/2004 Coll., on patent representatives and amending
law on measures for the protection of industrial property. ".
49. In paragraph 137, the following paragraph 4 is added:
"(4) compensation for value added tax belongs to the cost control,
If done in the probate proceedings acts of the Commissioner of the notary who is
a payer of value added tax, according to a special legal
prescription ^ 57 d). ".
50. in § 139 paragraph 2. 1 the first sentence after the word "Witnesses", the words "and
natural persons referred to in § 126a "and in the third sentence, after the word" witness "
the words "and natural persons referred to in § 126a".
51. In paragraph 139 at the end of paragraph 4 the phrase "shall be added to the amount of fees
shall decide without undue delay after the submission of the expert's report. Insurance
It is to be made at the latest within 2 months of the legal force of the resolution on the
return to the expert. ".
52. In paragraph 140, paragraph 2 reads as follows:
"(2) If a designated party representative or guardian, Attorney,
applies his cash outlays and fee for representation, or whether or not to pay
for value added tax, State; in determining refunds of cash expenses and
the rewards for the representation of the process according to the provisions of the special legal
Regulation on non-contractual remuneration ^ 64) and compensation for value added tax
the Court shall determine the remuneration and reimbursement of cash expenses pursuant to
the rates of value added tax provided for a special legal
Regulation of ^ 57 d). In justified cases, the State provides a lawyer
a reasonable advance. ".
53. In paragraph 141, paragraph 1 reads:
"(1) if the expected costs of evidence, that the participant suggested or that
He ordered the Court of the facts referred to by him or in his interest, stores
the President of the Senate of this party, if not freed from court
fees, before he passed to advance under the implied
the amount of costs, as proposed by the participant performed, evidence about
the participant must be instructed. ".
54. At the end of the text of section 145 shall be added the words ", the preservation of evidence and
ensure the subject means of proof in matters relating to the rights of
intellectual property rights ".
55. In paragraph 147 paragraph. 2, after the words "the witnesses," the words ' physical
the persons mentioned in § 126a, ".
56. In § 148 paragraph. 2, after the words "the witnesses," the words ' physical
the persons mentioned in § 126a, ".
57. In paragraph 149, at the end of the text of paragraph 3, the words "^ 57) or
patent attorney in the scope of approval laid down by a specific legislative
^ 57b) rules "and the reference to the footnote after the period is 57.
repealed.
58. In paragraph 151 paragraph 2 reads as follows:
"(2) when deciding on the reimbursement of costs of the proceedings, the Court shall determine the amount of remuneration for
representation by a lawyer or notary public within its permissions set
special legislation ^ 57) or a patent agent in the range
its permissions provided for by specific legislation ^ 57b) according to the
rates specified at a flat rate for the control in one instance a particular legal
Regulation; If it is, however, about the awarding of costs under section 147, §
paragraph 149. 2 or is warranted by the circumstances of the case, the procedure referred to in
the provisions of the special law on non-contractual remuneration ^ 64).
Compensation for value added tax court determines from the remuneration for the representation of
refunds from the remuneration of notary for the acts of the Commissioner and of its
cash expenses at the rate of value added tax provided for a special
^ Law 57 d). Wage compensation (salary) and reimbursement of cash expenses
the Court determined in accordance with the specific legislation. Otherwise, the Court of
the costs incurred by a party proven. ".
59. In paragraph 151, after paragraph 2, insert a new paragraph 3 is added:
"(3) the costs that would otherwise have been incurred because it is
doing this, the parties, their representatives, their fault or
If these costs were incurred by chance that they occurred, or
because it is caused witnesses, persons referred to in § 126a, experts, interpreters
or those who have had some obligation to the taking of evidence, cannot be
replaced by a reason other than under § 147. ".
Paragraphs 3 and 4 shall become paragraphs 4 and 5.
60. Under section 153a of paragraph 1. 3, after the words "section 114b para. 5 "the words" and section
114c paragraph 1. 6. "
61. In § 153b of paragraph 1. 1 the words "(section 45b)" is replaced by "(§ 49)" and
the words "and in the cases referred to in § 118b at least thirty days" shall be deleted.
62. In § 156 para. 1, the second sentence is inserted after the sentence "if not present
publication of judgment, none of the parties, the only statement. ".
63. In paragraph 157, at the end of paragraph 2 the following sentence "justification referred to in
a written copy of the judgment shall be published in accordance with the
justification. ".
64. In paragraph 158, at the end of paragraph 1, the following sentence "electronic
a copy of the judgment shall be fitted with a recognized electronic signature
judge. ".
65. In section 158 paragraph 2. 2, the words "judgment" shall be replaced by
words, the judgment made out in paper form and the judgment drawn up in
electronic form ".
66. In section 158 paragraph 2. 3, the words "as a rule, a copy of the judgment" shall be replaced by
the words "a copy of the original of the judgment as a rule".
67. In section 158 paragraph 2. 4, after the word "copy" shall be inserted the word "copy".
68. In paragraph 169 of paragraph 1. 1, the words "in writing" shall be replaced by "in".
69. In paragraph 169, paragraph 2 reads as follows:
"(2) a copy of every resolution, which fully complies with the proposal on the
interim measures, the proposal to secure evidence, an application for securing
the subject of means of proof in matters relating to rights of intellectual
ownership or any other proposal, to which no one objection was raised, or resolution,
that relates to the administration of the proceedings, or of the resolution under Section 104a, may not
contain a statement of reasons. The preamble to the resolution, also need not include
which it was decided not on the merits, if permitted by the nature of the
things, and if it is obvious from the contents of the file based on what the facts were
taken; in this case, in the operative part of the resolution shall state the legal
the provisions to which it is applied, and the reason for the decision. ".
70. in section 171 paragraph 2. 2, after the words "the resolution", the words ",
If not otherwise specified, ".
71. the following section is inserted after section 174a 174b, including title and notes
footnote No. 67a is inserted:
"section 174b
European order for payment
(1) the European order for payment ^ 67a) must be delivered to the defendant to
your own hands, substitute service is excluded.
(2) the procedure on an application for review of the European order for payment is
the competent court which issued the European order for payment.
(3) the order of the Court, which was rejected the proposal on the review of the European
the payment order shall be delivered to the parties on the European payment
the warrant.
67A) European Parliament and Council Regulation (EC) no 1896/2006 of 12 October.
December 2006 establishing a European order for payment procedure ".
Footnote No. 67a is referred to as a footnote
No 67b, including links to a footnote, and the present note
footnote No 67b is referred to as a footnote. 67e,
including links to a footnote.
72. In article 175 paragraph 1. 2 the words "§ 173 paragraph. 2 and "are deleted.
73. In § 175c, the current text shall become paragraph 1 and the following
paragraph 2, which including the footnotes # .67c and 67d added:
"(2) the Court finds that in the register of marriage contracts, held by
special legal regulation ^ 67c) are recorded on the contract extension
or narrowing the range of common property of the spouses and of the Treaty on
reservation of the emergence of joint property of spouses at the date of dissolution of marriage
concluded by the spouses or a husband and wife who want to close the
marriage ^ 67d), and which was the deceased, as well as for
the notary are stored.
67c) § 35 c of Act No. 357/1992 Coll.
143a) § 67d of the civil code. ".
74. In paragraph 2 of § 175e reads as follows:
"(2) ensure the heritage shall be carried out in particular by saving at the Court of
the Commissioner or the Court, or, if you cannot follow these steps to ensure you save save for
depository, the sealing of the zůstavitelově in the apartment or at another suitable
place the prohibition of payment of a debtor for the testator or listing on the site
heart. ".
75. in the second sentence of § 175n, the word "Court" shall be replaced by "shall".
76. In paragraph 175p paragraph 1 reads:
"(1) the heirs and creditors may agree that the over-indebted heritage
It will be left to the creditors to repay debts. The court approves the agreement, if the
is not contrary to law or good morals; If it does not approve the agreement, it continues
proceedings after the decision. ".
77. In paragraph 175u paragraph 1 including the footnotes # 34a and 34 c:
"(1) the liquidation of heritage Court performs realisation of individual things, rights
and other assets of the estate pursuant to the provisions of the zůstavitelova
enforcement by sale of movables, real estate and business, in the
public auction under a special legal regulation ^ 34a) or at auction
made by court executor under a special legal regulation ^ 34 c)
or sales outside auction. Disposal of heritage can be performed outside of the auction
also the sale of all, or of the remaining asset only zůstavitelova
the Treaty.
34A) Law No. 26/2000 Coll., on public auctions, as amended
regulations.
34 c) § 76 para. 2 Act No 120/2001 Coll., on judicial executors and
enforcement activities (execution order) and amending other laws. ".
78. In paragraph § 175v 4, after the words "the claims of creditors", the words
"and their security".
79. In § 199 x, the word "Court" shall be replaced by "shall".
80. in paragraph 1 of section 175z reads as follows:
"(1) if the hearing of heritage does not belong to the competence of courts of the Czech
Republic, the Court shall issue on request the official participants
confirmation. Before the release of official confirmation of the rule, the Court performs a
a preliminary investigation. ".
81. section 175zd:
"§ 175zd
(1) a notary shall prepare all documents required for the issue of a resolution and the
confirmation of the Court referred to in § 38 paragraph 1(a). 2 and proposals on the texts.
If supporting documents are not complete, the Court may require the notary supply
or make the necessary acts alone. The instructions of the Court are binding for the notary.
(2) sales outside auction when disposing of the heritage may be carried out only by a notary
with the consent of the Court. When giving consent, the Court may impose conditions
the sale. Without the permission of the Court is a contract for the sale outside the auction
invalid. ".
82. In § 187 para. 1, the second sentence is replaced by the phrases "Chooses to
the examination of the representative, the court appoints a guardian to control the parent or
another person close to the investigation, whose capacity is at issue,
unless special reasons, in particular the conflicting interests between the
vyšetřovaným and the parent or other person close to, or between the
persons to each other. If he can't be a guardian appointed by a parent or other
a person close to the investigation, the Chairman of the Board will appoint a guardian for the
proceedings from the ranks of attorneys. ".
83. In section 191a of paragraph 1. 1, after the word "report", the words "(§ 191b)".
84. In § 191b is at the end of paragraph 4 the following sentence "for additional
written consent of a person showing signs of mental illness or
intoxication and which is also dangerous to yourself or your surroundings, in the
the already initiated proceedings be disregarded. ".
85. In section 191c at the end of paragraph 1, the following sentence "this resolution
the Court will announce within seven days from the date on which the limitation under section 191a. ".
86. In paragraph 191d paragraph. 3, after the words "a guardian for proceedings ' shall be
the words "and the Department".
87. In paragraph 192, at the end of paragraph 1, the following sentence "the Court shall designate
guardian, a parent or another person close to the person who the guardian
by law you must have, unless special reasons, in particular
conflicting interests between that person and the parent or other person
or between such persons. ".
88. In paragraph 202, the dot at the end of paragraph 1 is replaced by a semicolon and
the following letters m) up to), which read as follows:
"m) it was decided that delivery is ineffective (§ 50 d);
n) was ordered to put down a deposit for the costs of evidence;
about the suggestion) was the review of the European order for payment ".
89. In § 202 of paragraph 1. 2, the amount "$ 100" is replaced by "Eur 10000".
90. In article 205 paragraph. 2 (a). (b)), the words "§ 118c, or ' shall be deleted.
91. In paragraph 210, at the end of paragraph 1, the following sentence "the appeal against the
the resolution, which was not decided on the merits, President of the Chamber
those participants, whose rights and obligations are concerned, if it is in the light of
on the circumstances of the case or the nature of the things suitable and appropriate. ".
92. In article 229 paragraph. 1 at the end of subparagraph (g)) is replaced by a comma and dot
the following point (h)), which read as follows:
"h) party was appointed guardian because of unknown residence
or because he failed to deliver on a known address in a foreign country,
Although such measures have not been fulfilled. ".
93. In paragraph 229 paragraph. 2 (a). (c)), after the word "decision" shall be replaced
"or been suspended enforcement of the decision".
94. In paragraph 234 paragraph 4 the following paragraph 5 is added:
"(5) for reasons of invalidity provided for in § 229 paragraph. 1 (b). (h)) can be an action
within 3 months from the time when the action is the one who serves,
He learned of the contested decision. ".
The present paragraph 5 shall become paragraph 6.
95. In paragraph 234 of the text at the end of paragraph 6, the words "or of the
stopping the enforcement of decisions ".
96. In article 237 paragraph 1. 2 (a). and the amount) "20 000 ' is replaced by
"$ 50,000" and the amount "$ 50,000" is replaced by "EUR 100".
97. In paragraph 237 para. 3 the words "the courts or such extraordinary appeal court
rozhodována differently, or if the legal question resolves the conflict with the material
the law "are replaced by the words" the courts rozhodována differently, or if it is to be
such extraordinary appeal court resolved a legal question assessed differently; the circumstances of the
the reasons invoked by the dovolacími pursuant to § 241a para. 2 (a). and) and section 241a
paragraph. 3 shall be disregarded. "
98. In section 238a para. 1, point (c)) shall be deleted.
Subparagraph (d)) to (g)) shall become point (c)) to (f)).
99. Section 239 is added:
"§ 239
(1) if dovolací, the Court concludes that the contested decision has
law of fundamental importance (article 237, paragraph 3), the appeal is admissible
the Court of appeal against the order, which was to
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, on the termination of the proceeding pursuant to § 107 para. 5, on the entry
in the management of the Subscriber instead of hitherto (section 107a), on accession
the next participant (section 92 (1)) and the confusion of the participant (§ 92 para. 2).
(2) an appeal against a resolution is also the Court of appeal,
which have been
and confirmed by resolution) Court of first instance about the termination of the proceeding pursuant to §
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 § 107 para. 5, about joining the proceedings in place of the earlier
participant (section 107a), on the accession of the next participant (section 92 (1)) and the
confusion of the participant (§ 92 para. 2).
(3) the appeal is admissible against the decision also Court of appeal, which
It was confirmed by the order of the Court of first instance to reject the application
(the application); This does not apply if a rejected application for interim measures
(§ 75a and 75b) or an application to secure evidence in item
matters relating to intellectual property rights (section 78d). The provisions of §
237 para. 1 and 3 shall apply mutatis mutandis. ";"
100. In paragraph 243c paragraph 2 reads as follows:
"(2) in the preamble to the resolution, which was rejected or an appeal which was
dovolací management, dovolací stopped the Court only briefly lays out the reasons
for which leave to appeal is delayed, inadmissible, manifestly unfounded or
suffering from a defect, hampering the continuation in such extraordinary appeal proceedings, or for which
dovolací proceedings had to be stopped. ".
101. section 250 d is added:
"§ 250 d
(1) the parties may indicate the relevant facts about the merits of the case and
Mark evidence to demonstrate no later than the end of their preparatory
negotiations, where appropriate, to the end of the period, that they were given to the
supplement the claims about facts relevant to the case, to submit proposals for the
the taking of evidence or to meet other procedural obligations (section 114c)
or, if ordered and carried out the preparation of negotiations, to the end of the
the first meeting to be held in the proceedings before the Court; to later
above and evidence shall be disregarded. This does not apply in the case of
facts or evidence which is to be called into question the credibility of the
carried out by the evidence, that occurred after the first hearing, or
that the participant could not provide in a timely manner without their guilt, as well as of the facts and
the evidence provided by the participants after one of them was asked to
Supplement facts under section 118a of the paragraph. 2.
(2) the limits referred to in paragraph 1 shall not apply in the event that the parties were not
properly instructed, pursuant to section 114c paragraph. 5 or, if ordered and
stage of negotiations, the Court did not give them lessons on the obligations
referred to in paragraph 1 and of the consequences of failure to comply with these obligations by
in the summons to attend a hearing on the matter. ".
102. In paragraph 254, paragraph 3 shall be inserted after paragraph 4 and 5, which
shall be added:
"(4) in its resolution, by which the court orders the execution of the decision, shall be indicated the lessons
about the fact that if they are not in the appeal shows no grounds for
the enforcement order, the Court of appeals rejects appeal.
(5) an appeal may be to introduce new facts and evidence. Against the resolution on the
enforcement can be argued only those facts which are for
Enforcement applicable; the Court of appeal to the other
information shall be disregarded and the appeal containing just such reasons. ".
Paragraphs 4 to 6 shall be renumbered 6 to 8.
103. In § 315 paragraph. 1 the words "legitimate claim" shall be replaced by
the words "may be justified against the debtor of compulsory" and the words "of the debtor
the mandatory "shall be replaced by the words" to submit a proposal on enforcement
If it could bring a mandatory, otherwise the claim ".
104. In section 323 paragraph 2, including the footnotes 86 c and 86 d No.:
"(2) If a creditor known to have required a movable thing,
passbook, certificate of deposit or any other deed, whose submission is
the application of the law, must be located outside of your apartment (registered office, place of
business), or that the debtor is the owner of book-entry ^ 86 c) or
immobilized ^ 86 d) of the securities, the true fact
already in the proposal on the enforcement of decisions; If it is a material matter, holding
book, certificate of deposit or any other deed, whose submission is required to
application of the law, the legitimate, if possible, where it is located.
86 c) section 91 of Act No. 256/2004 Coll., as amended by Act No. 230/2008 Sb.
86 d) section 38 of Act No. 586/1992 Coll., of the Securities Act, as amended by
amended. ".
105. In paragraph 326 paragraph. 1 the second sentence, after the words "quick sale"
the words "outside of the auction".
106. In paragraph 326, paragraph 2, the following paragraph 3, including the
footnote .86e reads as follows:
"(3) a lien creditor that has a lien, the person to whom the case was to
stopping passed for safekeeping or storage ^ 86e), of the person authorized to
lien or locking transfer ^ 84) or the person
that your right of use to stuff from these people, they are required to
issue a case to the Court to draw up on the basis of court challenges. After a commit, the Court
the case and its drafting will deliver into your own hands, the pledgee
the person authorized of any lien or retaining a transfer
notice pursuant to § 328b para. 4 (b). (g)).
86e) § 157 paragraph. 3 of the civil code. ".
Paragraphs 3 to 6 shall become paragraphs 4 to 7.
107. In paragraph 326, paragraph 4 the following new paragraphs 5 and 6, which
including the footnotes # 86 ° f to 86h:
"(5) securities ^ 86 ° f), passbook, certificate of deposit slips, or other
of the Charter, which is necessary for the application of the law, with sepíší and
always shall be transmitted to the Court.
(6) the securities registered in the register of investment instruments with sepíší,
as soon as the Court becomes aware of that are recorded in the register for the mandatory
investment instruments. If this is a collection of bonds, the court draws up a
the share of the debtor on the bond collection ^ 86 g). After drafting court orders
person authorized to record investment tools to write
the suspension of the exercise of the right of the owner to dispose of the investment
by ^ 86h) in evidence (§ 324).
86 ° f) § 1 of the law on securities.
86 g) § 35 et seq. Act No. 190/2004 Coll. on bonds, as amended by
Act No. 230/2008 Sb.
86h) § 97 para. 1 of Act No. 256/2004 Coll., as amended by Act No. 230/2008
Coll. ".
Paragraphs 5 to 7 shall be renumbered 7 to 9.
108. In § 326b at the end of paragraph 1 the following sentence "provision of section 329a
paragraph. 1 shall apply mutatis mutandis. ";"
109. section 328:
"§ 328
(1) after the final resolution of the enforcement order is written,
things or the things specified by the Court files to a common estimate, monetization
If it is not
and the price was fixed officially) ^ 36),
(b)) published rate quoted investment vehicle, or
c) published value of the securities issued by the Fund of collective
investing.
(2) the evaluation shall be made by the Court; the experts picked up the slack when in simple cases
not enough to estimate conducted by the bailiff when you write things. An estimate of the Court
does nothing if the sale occurs in the manner pursuant to § 334a. An estimate of the
written things is not a judicial decision.
(3) if it does not detect an estimated price, the Court finds the price according to
paragraph 1 (b). ) to c) on the date that precedes the release of auction
Ordinance (§ 328b (3)), or the credentials for sale by other means. ".
110. In paragraph § 328a 1 the word "estimate" shall be replaced by "findings
prices ".
111. In paragraph § 328a 1, after the word "things", the words "in accordance with § 328
(hereinafter referred to as "decisive") ".
112. In paragraph § 328a 1 and 2, the word "estimated" shall be replaced by
"decide".
113. In § 328a, the following paragraph 3 is added:
"(3) the financial collateral ^ 85a) under a special legal regulation ^ 85b)
or under foreign law shall not be subject to enforcement
decision. ".
114. In paragraph 1 of section 328b including footnote No 86i reads as follows:
"(1) the Written stuff they sell at auction, unless otherwise provided by this Act.
Things are sold separately or as part of the file of things. Within the file
things shall be disposed of, in particular, the things that make up the only economically integral
or even contain all or fungible securities ^ 86i), if it can be
expect a higher yield.
86i) § 2 of the law on securities. ".
115. In paragraph § 328b 3 the first sentence after the word "year" the words
"the auction announcement, which delivers".
116. In paragraph § 328b 3 the second sentence, the word "year" shall be replaced by
"Decree".
117. In § 328b at the end of paragraph 3 the following sentence "auction
It is not a judicial decision. ".
118. In paragraph 4 of section 328b reads as follows:
"(4) the Court shall specify in the auction
and the time and place of the auction),
(b)) the designation of the auctioned goods,
(c)) that the thing be auctioned individually or in a file of things
(d) decide to price things or) file things
(e) the level of the lowest of Administration) (section 329),
(f)) that the pay of the security and the method of payment
(paragraph 5),
g) warning that when the schedule of nature may be justified, those who
Management proceeded as additional privileges, and other lenders seek
meet other enforceable claims or claims secured by
retention or lien or locking transfer rights than
for which enforcement was ordered, if the logs by
to the start of the auction, if the application shall indicate the amount of the claim and the
its accessories and show them the relevant documents, and the lessons,
you don't have to design applications, in which the amount of the claim or its accessories
will not be given, shall be disregarded; the provisions of § 335 paragraph. 2 and § 336f,
shall apply mutatis mutandis. ";"
119. In § 328b, the following paragraph 5 is added:
"(5) the obligation to lodge a security, and the amount the Court determined, exceeds the
determined the price of the auctioned separately the case or file being auctioned goods by
they are converted into the currency of the United States according to the exchange rate announced by the Czech
National Bank valid on the day that precedes the release of auction
the Decree, equivalent to the amount of EUR 45 000. The provisions of § 336e para. 2, the
apply accordingly. ".
120. In section 329, paragraph 1 shall be inserted, as follows:
"(1) the Auction may also be carried out, the executor; on the progress of the auction, the court draws up a
Protocol. The judges, the staff of the courts, and the husband of the statutory mandatory must not
bid. ".
Paragraphs 1 to 3 shall become paragraphs 2 to 4.
121. In section 329, paragraph 2 reads as follows:
"(2) the lowest administration amounts to one third of the applicable prices. The bidders are
bound by their submissions, if the submission has been made higher. The above prices
auctioned or file stuff is not limited to the provisions of the price
regulations. ".
122. In section 329, paragraph 4 reads:
"(4) The highest bid to be reallocated by the buyer guarantee.
Bidders, who has not been granted, the hammer will return the security paid after
the end of the auction ".
123. In paragraph 329, the following paragraphs 5 to 7, including the notes below
line no. 86j are added:
"(5) the successful bidder must top the submission or supplement on top of administration,
do not exceed the amount specified as the maximum for payment in
cash under a special legal regulation ^ 86j) (hereinafter referred to as "limit"),
immediately pay; If it fails, the matter again, without its participation.
(6) the highest submission or a supplement to the highest administration of exceeding the limit
the successful bidder must pay the non-cash payment within seven days of the granting of
Hammer, otherwise the Court will order reassembly auction.
(7) if the successful bidder will pay the highest submission properly and in time, it goes on
successful bidder's ownership of the auctioned item or file
things, with legal effects at the time of the granting of the impact. Gradient
ownership to the purchaser cease lien and retention rights and other
glitches stranded on things.
86j) § 4 paragraph 2. 1 of Act No. 254/2004 Coll., on the limitation of cash payments and
on the amendment of Act No. 337/1992 Coll., on administration of taxes and fees, as amended by
amended. ".
124. the following section is inserted after section 329 329a, which reads as follows:
"section 329a
(1) where ownership of the auctioneer and auctioneer, the Court on
on application for a certificate of ownership to be auctioned
at the time of the granting of the impact of the case. In the case of auctions of securities issues
the Court even without the auctioneer and such a certificate request.
(2) in the case of the transition of ownership rights to securities listinnému
on the series, or the name of the Court shall be marked on the reverse or tail of the securities
the transition of ownership rights to securities to the purchaser at the time of
grant impact. ".
125. In paragraph 330 at the end of the text of paragraph 1, the words "and in a timely manner
registered creditors ".
126. In paragraph 330 of paragraph 1. 2 the term "buyer" shall be replaced by "successful bidder".
127. In paragraph 330, after paragraph 2, insert a new paragraph 3 is added:
"(3) the successful bidder who has not paid the highest bid properly and in a timely manner, it is
obliged to compensate costs incurred by participants in the State and the
the context of the next auction or the auction conduct damages that
It was founded by not paying the highest submission, and, if at the next auction
achieved lower highest bid, the difference at the highest dose. On these
commitments shall be counted the security lodged by the buyer; If the security exceeds the
These obligations, the remaining part of the auctioneer and returns. About these commitments,
any set-off or return the rest of the Security Court
resolution. ".
Paragraphs 3 and 4 shall become paragraphs 4 and 5.
128. In paragraph 330 of paragraph 1. 4, the first sentence is replaced by the phrase "things that
not the ownership of the purchaser, even if you re auction, may
authorized to take, within 15 days after the notification of the non-results of the auction at
one third of the applicable prices. ".
129. In paragraph 330 of paragraph 1. 4 the third sentence, the words "sales made by taking over"
replaced by the words "acceptance".
130. In paragraph 331 paragraph. 1, after the word "claim" the words "and
If you are not signed in time for more legitimate or the creditor [§ 328b (4)
(a). g)]“.
131. In paragraph 331, paragraph 2 reads as follows:
"(2) if the execution of the decision of movable assets should be seized for sale
gradually for several claims or volunteered time for more
legitimate or creditor, shall be paid by the Court after a collision cost of sales each
for legitimate or creditors the proceeds according to the order. ".
132. In section 331a of paragraph 1. 1, the first sentence is replaced by the phrase "if it was sold
movable thing, which was transferred to the debtor in the collateral security
benefit of his creditors ^ 84), stopped, ^ 87), or ^ 88)
pays the proceeds of monetization stuff first, the creditor whose claim has been
ensure the detention law. ".
Footnote No. 87 and 88 are added:
"87) § 152 et seq. of the civil code.
§ 72 of Act No. 337/1992 Coll., as amended.
88) § 175 et seq.. of the civil code. ".
133. In paragraph 332 at the end of the text of paragraph 1, the words "or
the application of another authorized or another lender [§ 328b (4) (a).
g)]“.
134. The heading above section 333: "cash and securities or instruments
representing the right to repayment of the amount owed ".
135. In paragraph 333, paragraph 2, including footnote No. 90:
"(2) to find if, when the enforcement of a decision the world's tradeable gold
or the funds in a foreign currency, their sale or
shift to the currency of the Czech Republic according to special regulations ^ 90). The achieved
the proceeds will spread and be paid under section 331 and 332.
90) § 1 (b). d) of Act No. 219/1995 Coll., as amended by Act No. 482/2001
Coll. ".
136. In paragraph 334, paragraph 1 shall be deleted.
Paragraphs 2 to 5 shall be renumbered 1 to 4.
137. In paragraph 334 para. 1 the first sentence, after the words "passbook"
the words "certificate of deposit".
138. In paragraph 334 of paragraphs 2 and 3 shall be added:
"(2) in the case of securities or instruments representing the right to repayment of the
the amount owed, according to their nature, the Court and the opinion of the authorized either
ask the guy who has to perform to the corresponding performance gave the Court, or
will take care of monetization.
(3) if the Court of the person who has a security or instrument to discharge,
to the corresponding performance gave the Court shall proceed mutatis mutandis in accordance with
provisions on the enforcement of the claim, while the acts of the commandments
necessary to the application of law, which is entitled under special regulations
as the principal beneficiary of the securities or other instruments,
instead of the debtor performs the executor. With acquired amount shall be disposed of as
with the proceeds of sale (§ 331-332). ".
139. In paragraph 334, paragraph 4 shall be deleted.
140. section 334a including footnote # 91:
"§ 334a
(1) If you have not written securities converted to cash according to § 334
paragraph. 2, the Court written securities are cashing in by brokerage
papers or foreign persons providing an investment service in the Czech
Republic ^ 91). The Court has all the rights that otherwise it is for
the debtor as to the owner of the security.
(2) The amount shall be disposed of as obtained with the proceeds of sale (§ 331 to
332).
91) section 35 of Act No. 256/2004 Coll.
§ 17 et seq. Law No. 26/2000 Coll., as amended. ".
141. In paragraph § 336f 1, the first sentence is replaced by the phrase "a creditor who has
the claim secured by a mortgage on real estate or that has
against the debtor of the debt claim granted by decision, conciliation or other
the title referred to in § 274 (enforceable claim), it may, in the management
sign in no later than the commencement of auction action. ".
142. In paragraph 336g paragraph. 1, after the word "creditor", the word "compulsory" is deleted.
143. In paragraph 374 paragraph 3 reads:
"(3) If an appeal against the decision issued by the Court of
the Commissioner, a judicial candidate, Assistant judge or designated by the
administrative employee, he may fully meet the President of the Chamber
(single judge). His decision is deemed to be the decision of the Court of first
degree and can challenge the appeal. ".
Article. (II)
Transitional provisions
1. unless otherwise stipulated, the provisions of the civil procedure code, in
the text of this law, as well as for proceedings initiated before the date of entry into force of
of this Act; the legal effects of the acts that have occurred in the proceedings before the date
entry into force of this Act, shall remain in force.
2. to determine the substantive and territorial jurisdiction in proceedings which have been
initiated before the date of entry into force of this Act shall apply
the existing legislation.
3. the Documents that were forwarded to the delivery by the Court prior to the date of acquisition
the effectiveness of this law, shall deliver to the addressees by law
regulations.
4. the Administrator in bankruptcy, interim administrators and vyrovnacímu
administrators appointed under Act No. 328/1991 Coll., on bankruptcy and
the settlement, as amended, shall be delivered to the address specified by the
under the existing legislation; otherwise they document
(electronic documents) served under this Act.
5. The actions or other proposals for the initiation of the proceedings brought before the
the effective date of this Act shall be made before the Court of first instance
preparation of the negotiations under the existing legislation, unless the Court to
the effective date of this Act, has not made any action in the matter.
6. preparation of the negotiations was made after the date of entry into force of this
Act according to the existing legislation, the procedure in the regulation and
implementation of the hearing before the Court of first instance in accordance with the existing laws,
regulations.
7. unless otherwise stipulated, in probate proceedings after the deceased,
who died before the date of entry into force of this Act shall apply
the existing legislation.
8. in the proceedings on the legacy after the deceased, who died before the date of the acquisition of
the effectiveness of this law, shall be treated under the new section 38 and 175zd.
9. When disposing of the heritage process according to the code of civil procedure,
as amended by this Act, even if the testator died before the date of the acquisition of
the effectiveness of this Act.
10. An appeal against a decision of the Court of first instance issued before the date of
of this Act or after completion of proceedings under this Act
to discuss and decide in accordance with existing legislation.
11. The reason set out in the new article 229 paragraph. 1 (b). (h)) can be
to bring an action for annulment against the decision, which was published in the
(released) before the date of entry into force of this Act; the time limit for the submission of
the action in this case will not end before the expiration of 3 months from the date of acquisition
the effectiveness of this Act.
12. The appeal against the decision of the Court of appeal declared (issued)
before the date of entry into force of this Act shall discuss and decide
under the existing legislation; the use of the new provisions of § 243c
paragraph. 2 this does not prejudice.
13. Actions brought in matters decided upon by another
before the date of entry into force of this law, shall discuss and decide on the
the first instance according to the existing legislation.
14. enforcement by sale of movables or real estate purchase order
prior to the effective date of this Act shall be made in accordance with the existing
legislation.
PART TWO
Amendment to the criminal procedure code
Article. (III)
In section 180 of Act No. 141/1961 Coll., on criminal court proceedings (the criminal
of procedure), as amended by Act No. 265/2001 Coll., on the end of paragraph 1, the following
the sentence "in the proceedings before the District Court, the State Prosecutor may leave
to be represented by a legal assistant to the public prosecutor or an expectant. ".
PART THREE
Amendment of the law on court fees
Article. (IV)
Act No. 553/1991 Coll. on court fees, as amended by Act No.
271/1992 Coll., Act No. 273/1994 Coll., Act No. 36/1995 Coll., Act No.
118/1995 Coll., Act No. 160/1995 Coll., Act No. 151/1997 Coll., Act No.
209/1997 Coll., Act No. 227/1997 Coll., Act No. 101/2000 Coll., Act No.
155/2000 Coll., Act No. 242/2000 Coll., Act No. 257/2000 Coll., Act No.
452/2001 Coll., Act No. 151/2002 Coll., Act No. 309/2002 Coll., Act No.
192/2003 Coll., Act No. 561/2004 Coll., Act No. 628/2004 Coll., Act No.
357/2005 Coll., Act No. 72/2006 Coll., Act No. 112/2006 Coll., Act No.
115/2006 Coll., Act No. 159/2006 Coll., Act No. 189/2006 Coll., Act No.
296/2007 Coll. and Act No. 123/2008 Coll., is amended as follows:
1. In section 10, paragraph 1. 4, after the words "payment order" the words ",
electronic payment order or the European order for payment ".
2. in the annex, the following new item 24 Item No. 24a and 24b, which
including notes are added:
"Entry 24a
For the provision of copies of the electronic data, which are part of the
the file, for every 10 MB of data $ 10.0-
For the provision of a permanent data carrier-$ 10.0-
Note:
The fee is not subject to a copy of an audio or sound image
the record provided by the public data networks.
Item 24b
For each and any pending page transcript of the audio or sound
the image of the record in the form of the Protocol
and) in Czech or Slovak
-No validation for each and any pending page £ 100.0-
-verification for each and any pending page £ 120.0-
(b)) in a foreign language
-No validation for each and any pending page £ 150.0-
-verification for each and any pending page £ 170.0-
Notes:
1. The fee is not subject to a transcript of the audio or sound image
the record in the form of a Protocol, if it is created for the deaf or
hluchoněmého participant.
2. The fee is not subject to a transcript of the audio or sound image
the record in the form of a Protocol, if this transcript issued in
cases where this is provided for by law, and in cases where the
so determine Court. ".
PART FOUR
cancelled
Article. In
cancelled
PART FIVE
To change the order of notaries in the
Article. (VI)
Act No. 357/1992 Coll., on the notarial profession and their activities (notarial procedure), in
amended by Act No. 82/1998 Coll., Act No. 30/2000 Coll., Act No. 370/2000
Coll., Act No. 120/2001 Coll., Act No. 311/2001 Coll., Act No. 352/2001
Coll., Act No. 501/2001 Coll., Act No. 6/2002 Coll., constitutional
the Court declared under no. 349/2002 Coll., Constitutional Court
the declared under no. 476/2002 Coll., Act No. 88/2003 Coll., Act No.
18/2004 Coll., Act No. 235/2004 Coll., Act No. 283/2004 Coll., Act No.
554/2004 Coll., Act No. 628/2004 Coll., the Act No. 216/2005 Coll., Act No.
344/2005 Coll., Act No. 377/2005 Coll., Act No. 70/2006 Coll., Act No.
81/2006 Coll., Act No. 309/2006 Coll., Act No. 296/2007 Coll., Act No.
126/2008 Coll., Act No. 254/2008 Coll. and Act No 301/2008 Coll., is amended
as follows:
1. In article 1 (1). 2 the word "notary" shall be replaced by the words "performance
a notary ".
2. paragraph 2 is added:
"§ 2
Performance notary means drafting public documents on the legal
operations, certification of legally significant facts and declarations,
adoption of documents into custody and taking money and documents for safekeeping
in order to release other persons (hereinafter referred to as "notarial activity").
Notarial activity executes the notary impartially. ".
3. in paragraph 5 of the text at the end of paragraph 1, the words "and its
the performance is an independent, unless the activities of a notary under § 4 Special
the law provides otherwise ".
4. in section 5, paragraph 2 reads as follows:
"(2) the activities of a notary is incompatible with any other gainful activity, with the
the exception to manage their own assets. The notary may, however, perform the function of
Member, Senator or representative of the municipal or regional
the Municipal Council, and even for consideration scientific, publishing,
pedagogical, interpreting, expert, artistic and activity in Advisory
the bodies of the Government, ministries, other central bodies of State administration and
in the organs of Government. ".
5. In article 7 (2). 1, after the word "appointed" is inserted after the word "State" and the words
"The Czech and Slovak Federal Republic" shall be replaced by the words "the United
of the Republic ".
6. In article 7 (2). 1 (b). (b)), the words "in the field" after the words "study
the programme "shall be replaced by the word" scope ", the words" he received education in the field
the rights to College abroad, if so provided by the international
the contract, which the Czech Republic is bound "are replaced by the words" If
an international agreement so provides, which the Czech Republic is bound, on
education acquired in the fields of law at a University abroad "and the word
"their" is replaced by the word "its".
7. In article 7 (2). 2, the second sentence is replaced by the phrase "to the notarial practice
The Chamber of notaries of the Czech Republic (hereinafter referred to as the "Chamber") be reallocated fully practice
the judge, Prosecutor, public prosecutor, Attorney, commercial lawyer,
bailiff, judge of the Constitutional Court, Assistant judge of the constitutional
of the Court or of the Supreme Court and the Supreme Administrative Court, the bailiff
the candidate, judicial trainee, Assistant judge, Assistant public
the Ombudsman, an Assistant State Attorney, legal trainee
the State prosecution service, legal trainee public prosecutor's Office, lawyer
as an associate, the bailiff as an associate or a legal trainee at the
commercial lawyer, Ministry of Justice employee
(hereinafter referred to as "the Ministry"), which received higher education in the framework of the
Master's degree programme in law at University and
that is itself involved in the designing of generally binding legal
legislation; the notarial practice, the Minister of Justice (hereinafter referred to as "the Minister")
on the proposal of the Chamber from another legal practice may count a maximum of 2 years. ".
8. In article 7 (2). 3, after the words "prokurátorskou test" the words
"the final test of professional legal trainees,".
9. In section 8 paragraph 1. 1 the words "the Minister of Justice (hereinafter referred to as" the Minister ")"
shall be replaced by "the Minister" and the words "Notarial Chamber of the Czech Republic
(hereinafter referred to as the "Chamber") "shall be replaced by the word" Chamber ".
10. section 10 reads as follows:
"§ 10
(1) the Minister may suspend the performance of the activities of a notary, notaries, if
and it was against him) prosecution for an intentional criminal act, or
for an offence related to the activity of a notary, and until the final
termination of criminal proceedings,
b) proceedings have been instituted on the eligibility of a notary to act up
the final decision, which this procedure ends,
(c)) was a procedure provided for in § 51.
(2) the Minister shall suspend the performance of the activities of a notary, notaries
and) for a period of imprisonment, if they are not given the reasons for the
for his appeal,
(b)) for the performance of activities incompatible with the activities of a notary, but no longer than
continuously for a period of 4 years. ".
11. In paragraph 11, at the end of paragraph (i)) dot replaced with a comma and the following
the letter j) is added:
"(j)) if the activity that is incompatible with the activities of a notary
continuously for more than 4 years. ".
12. In section 14 is at the end of paragraph 3 the following sentence "Substitute with notaries
It also appoints, if it was the performance of the activities of a notary, notaries is suspended under section
10. ".
13. in section 18 para. 1 (b). a), the words "Czech and Slovak Federal
The Republic "shall be replaced by the words" United States ".
14. in section 18 para. 1 letter c) is added:
"(c)) received higher education in the framework of the master's degree
program branches of law at a University in the Czech Republic or if
the international treaty, which provides for the Czech Republic is bound,
education acquired in the fields of law at a University abroad, or is
This training recognised in accordance with the specific legislation. For this
education also means the education obtained at the Law Faculty of the
the school is located on the territory of the Czech and Slovak Federal Republic, or
its legal predecessors, ".
15. In paragraph 19, at the beginning of subparagraph (a)), the words "writing
notarial registrations pursuant to § 71b of paragraph 1. 1, the issuing of copies, free
copies and extracts from the notarial registrations, issuance of receipt in accordance with section 94, ".
16. in section 19 is at the end of subparagraph (c)) the dot replaces the comma and the following
the letter d), which read as follows:
"(d) the performance of other acts) or activities, if provided for by this Act
or special legislation. ".
17. in paragraph 23 of the letter a) is added:
"signing a) notarial acts, unless the form
a notarial act established a special legal act
Regulation, signing a notarial registrations pursuant to § 71b of paragraph 1. 1,
certification of legally significant facts and declarations, unless the
certification of legal persons, the issuance of principal,
free copies and extracts from the notarial registrations, issuance of certificates referred to in
§ 94, receiving and issuing the escrow, the issuance of certified outputs from
the public administration information system under a special legal
prescription ^ 2a), implementation of entries and deletions to be made in the register of pledges, publication
copies of or extracts from the register of pledges or confirmation that there
a certain thing, the thing or set of things is not registered as a pledge,
the issuance of extracts from criminal records, the implementation of the authorized
conversion of documents and the implementation of the tasks of the focal point referred to in
special legal regulation ^ 3a) ".
18. in paragraph 23 of the at the end of subparagraph (d)) dot replaced with a comma and the following
the letter e), which reads as follows:
"e) performance of other tasks or activities, if provided for by this Act
or special legislation. ".
19. in § 24 para. 1, the second sentence is replaced by the phrases "this activity
the candidate shall exercise on behalf of the represented Notary, signed his name and
uses official stamp of a notary, whom he replaces. For this representation
shall apply mutatis mutandis to section 15 para. 1. The Chamber of Notaries will cancel provisions of
the candidate's representative, on a proposal from a notary or a designated
candidate. ".
20. in section 26 para. 2, the words ' two years ' shall be replaced by "1 year".
21. in section 28 paragraph 2 reads as follows:
"(2) the labor relations between the notary and his staff are governed by the
the labour code ".
22. in § 35b para. 8, the words "of the Ministry of Justice (hereinafter referred to as
"the Ministry") "shall be replaced by" Ministry ".
23. the following section is inserted after section 35b 35 c, including the title and notes
line 4a is added:
"§ 35 c
The central register of marriage contracts
(1) the central register of marriage contracts, is a non-public list in
electronic form, which leads, operates and manages the Chamber. In
The central register of marriage contracts, are recorded on the contract extension
or narrowing the range of common property of the spouses and of the Treaty on
reservation of the emergence of joint property of spouses at the date of the dissolution of marriage,
concluded by the spouses or a husband and wife who want to close the
marriage ^ 4a) (hereinafter referred to as "marriage contract").
(2) to the central register of marriage contracts, shall be entered particulars set out
law adopted by the Parliament Chamber [§ 37 para. 3 (b).)]. The registration of data on
the marriage contract in the register of marriage contracts, notaries, which
He wrote such a contract (§ 70 para. 2). Entries shall be made without
undue delay.
(3) Chamber in the probate proceedings on request by electronic transmission
data that was as notaries, Court Commissioner charged with executing the acts in
probate proceedings, whether or not it is registered by the marriage contract concluded
the deceased or more such contracts and where the notary is stored.
4A) of section 143a of the civil code. ".
Footnote No. 4a is referred to as a footnote
# 4f, and including a reference to a footnote.
24. In § 37 para. 3 at the end of the text of the letter o), the words "and
the procedure in the conduct, management and operation of the central register of matrimonial
the Treaties '.
25. § 48, including footnote No. 4b is inserted:
"§ 48
(1) a notary, candidate and associate are able in the printer responsible for the disciplinary
wrongdoing.
(2) the Disciplinary offense or as a candidate notary is
and severe violation of and) its obligations laid down in this
the Act or special legislation or regulation of the Chamber, or
by resolution of the authority of the Government, or notary
(b)) serious or violating the dignity of a notarial profession of his
behavior.
(3) a notary can be for disciplinary transgressions to save some of these disciplinary
measures
written reprehension,)
(b)) a fine of up to 100 times the minimum monthly wage set by the
special legislation, or
(c) the revocation of a notary).
(4) a candidate may be considered disciplinary transgressions to save some of these disciplinary
measures
written reprehension,)
(b)) a fine up to twenty times the minimum monthly wage set by the
special legislation, or
(c) the revocation of the representation) in the case of a representative of the notary under § 14, or
24.
(5) Koncipientovi can be used for disciplinary transgressions to save some of these
disciplinary matters
and a written warning, or)
(b)) a fine up to five times the minimum monthly wage set by the
special legislation.
(6) if the disciplinary measure was imposed the notary's revocation cannot be
the revoked notary for a period of 5 years from the decision on the appeal
appointed as a notary. If the disciplinary measure was imposed the appeal of
representation, the candidate cannot be revoked for a period of 5 years from the appeal
Representative is appointed or to be appointed as a notary.
(7) the yield of the relevant notarial Chamber of the fines, the sounds of which he is a member of the notary,
or in the list of candidate notaries candidate is written, or in the
the list of notarial Associates is a junior enlisted. If it is not
the fine has been paid within the time limit, it shall make the performance of the decision imposing a fine on
design of notarial Chambers Court under a special legal regulation ^ 4b).
4B) § 274 (e). I) code of civil procedure. ".
Footnote No. 4b is referred to as a footnote
No. 4 d, and including a reference to a footnote.
26. section 49 reads as follows:
"§ 49
(1) whether the candidate or the notary clerk guilty of disciplinary
wrongdoing, and imposing disciplinary measures decided in the disciplinary proceedings for
in every case a three-member disciplinary chamber have been appointed by the President of the Senate and
2 lay judges from among the members of the disciplinary Commission. The members of the Disciplinary Chamber shall determine by lot the
and in writing the President of the disciplinary Commission shall be appointed by the Chamber.
(2) at the request of a member of the Disciplinary Chamber President or Vice President
The Chamber decides the disciplinary Senate of disciplinary action before the President of the
The Chamber, or if the President of the Chamber shall otherwise
the approval of the Presidium of the Chamber shall withdraw the Member of the Disciplinary Chamber, that a serious
breach of its obligations or otherwise threaten confidence in the sound and
impartial decisions of the Disciplinary Chamber. Termination of the functions of any of the
the members of the Disciplinary Chamber, the President of the disciplinary Commission of the Chamber without delay in writing
appoint a new Member in the manner referred to in paragraph 1.
(3) the Disciplinary proceedings are initiated on a design that is called exercise disciplinary action.
(4) the Council shall exercise disciplinary action is entitled to file an
and) the Minister against any candidate or notaries, koncipientovi,
(b)) the President of the Chamber of notaries, against any candidate or
koncipientovi,
(c)) the President against notaries public, which has its registered office within the perimeter of the notary
the Chamber, the candidate, which is registered in the list of notarial candidates
maintained by the relevant notarial Chamber, and koncipientovi, which is written
in the list of notarial legal trainees maintained by the relevant notarial Chamber,
(d)) the President of the regional court against notaries public, which has its registered office in the circuit
This Court, the candidate who is registered in the list of notarial
candidates, maintained by the relevant notarial Chamber, having its registered office in the circuit
of this Court, and against koncipientovi, which is registered in the list
notarial legal trainees, kept by the relevant notarial Chamber,
established within the area of this Court,
(e)) the President of the District Court against notaries public, which has its registered office in the circuit
This Court, in the case of exercise disciplinary action because of a disciplinary offence in the
activities of a notary as a court Commissioner designated by the Court; whether or not
against the candidate or koncipientovi, which at the time of the disciplinary offence
He was in the service in charge of notary as a court Commissioner,
If the Council shall exercise disciplinary action because of a disciplinary offence in its activities on the
under a mandate by the notary as a court Commissioner,
(hereinafter referred to as "Disciplinary Prosecutor").
(5) the Disciplinary action shall be brought to the Chamber and can be made within 6 months from the
the date on which the applicant learned of the disciplinary offence, but not later than
3 years from the date on which the offence occurred karnej.
(6) the Disciplinary action shall contain the name or names and surnames
a notary candidate or Attorney against which it seeks, the address of its
permanent residence address of the notary, notarial Chambers, mark
which the notary is a member of, or in the list of notarial candidates is
the candidate written or notarial legal trainees in the list is
lawyer written, a description of the offence for which disciplinary action is made,
the designation of the evidence on which the disciplinary action is based, and the proposed disciplinary
measures. To disciplinary action connects the evidence that plaintiff has a disciplinary
available.
(7) on the filing of disciplinary action shall inform the Chairman of the disciplinary Commission of the notary,
candidate or Attorney against whom disciplinary action was made (hereinafter referred to
"the accused able in the printer"). Learn it on the right to choose defence counsel from among notaries
or lawyers comment on the facts which he blame
and suggest the evidence in his defence. About the initiation of the proceedings shall be informed whether or not
the Minister, if the applicant is not punitive.
(8) an accused person who is not able in the printer represented by the Senate, appoint a disciplinary
guardian, if it requires the protection of its interests, particularly if the
suffering from a mental disorder or disease that preventing him from properly with
to defend. Guardian of the Disciplinary Chamber shall appoint a notary or lawyer with his
consent. ".
27. in paragraph 49, the following new sections 49a to 49 c, including notes below
line no 4 c are added:
"§ 49a
(1) the accused may be able in the printer control in a represented by another notary or
lawyer.
(2) in a proceeding to examine witnesses, experts and participants, only when the
volunteer to come and provide testimony.
(3) authorized member disciplinary Senate performs the necessary investigation, in particular
It finds the necessary additional facts and evidence, if they are not listed in the proposal,
and in the case of documents or other things shall affix to the taking of evidence. Acts,
in the disciplinary proceedings cannot be executed, performs at the request of
the Disciplinary Chamber and the Chambers of the court costs; to satisfy the request of the Court, unless it is
about Act under the Act inadmissible. The Court shall take all actions and
the decisions that are necessary to complete the request.
§ 49b
(1) the Disciplinary Chamber without oral proceedings the proceedings be suspended if
and disciplinary action) was submitted late or was withdrawn,
(b)) was revoked, or if the performance of a notary's Office has lapsed, or
If the employment relationship ended up candidate or as an associate at the notary
(c) the liability of the accused) to lapse for disciplinary transgressions able in the printer, or
(d)) was on the deed for which disciplinary proceedings, leading to a final decision
in criminal proceedings.
(2) the Disciplinary Chamber shall stay the proceedings if it is considered that the deed that is able in the printer
the accused blamed, the offence, and the matter shall submit to the
the competent authority of the law in criminal proceedings.
(3) the Disciplinary Chamber suspends disciplinary proceedings also knows that for
It was an offence for which disciplinary proceedings are initiated, is able in the printer the accused criminally
prosecuted.
(4) the Disciplinary Chamber shall resume proceedings interrupted pursuant to paragraphs 2 and 3,
If the body active in criminal proceedings that the deed could be
assessed as disciplinary transgressions.
(5) unless the Disciplinary Chamber of the suspension or interruption of the disciplinary
proceedings, the Chairman shall determine the term of an oral hearing and shall notify it
the disciplinary prosecutor, the accused, and able in the printer if the representative has the
representative. If the accused person appointed guardian able in the printer according to § 49
paragraph. 8, the date of the oral proceedings shall be communicated only to the guardian. If you need to
hear witnesses, the President of the Disciplinary Chamber shall invite to oral
the negotiations.
§ 49 c
(1) if the Disciplinary Chamber to the conclusion that the accused committed the able in the printer
disciplinary misconduct, decide on his guilt and impose one of the disciplinary
the measures referred to in § 48 para. 3-5.
(2) if the Disciplinary Chamber concluded that the accused is able in the printer the disciplinary
wrongdoing did not make or cannot prove his disciplinary transgressions, decides
They accused the disciplinary charges harmless, able in the printer.
(3) if the disciplinary Senate proposal to impose disciplinary measures rejected or
able in the printer, tribute to the disciplinary charges the accused has a notary, the candidate, or
Clerk, against which the disciplinary proceedings, be entitled to reimbursement of the costs
reasonably incurred in connection with disciplinary proceedings; about this claim
the Disciplinary Chamber shall rule in the decision closing the proceedings. He handed a
the disciplinary prosecutor shall exercise disciplinary action referred to in § 49 paragraph 1. 4 (b). a), d) and (e)),
has the nominee or the notary clerk, against which the disciplinary proceedings, to lead,
entitled to compensation against the State. He handed the disciplinary prosecutor shall exercise disciplinary action
referred to in § 49 paragraph 1. 4 (b). (b)), the notary, the candidate, or an associate,
against which the disciplinary proceedings, to lead, to qualify for this refund against the Chamber.
He handed the disciplinary prosecutor shall exercise disciplinary action referred to in § 49 paragraph 1. 4 (b). (c)),
has the nominee or the notary clerk, against which the disciplinary proceedings, to lead,
entitled to this refund against the Notary Chamber, of which he was President
the disciplinary prosecutor.
(4) the costs of the disciplinary proceedings shall be borne by the Chamber. In the decision referred to in paragraph 1
saves the disciplinary chamber able in the printer the defendant to pay the costs of the trial Chamber
provided for lump sum payments in the disciplinary procedure.
(5) the Chamber replaces the cash outlays to the witness and the earnings that he
proven to be hiked. The claim is to be applied at the Chamber within 3 days of
the hearing, otherwise ceases to exist; the witness must be advised. Replacement of finished
expenditure and providing rewards to the experts and interpreters are governed by specific
the law ^ 4 c).
4 c) Act No. 36/1967 Coll. on experts and interpreters, as amended by Act No.
322/2006 Sb. ".
28. section 50 reads as follows:
"§ 50
(1) for a decision in disciplinary proceedings is crucial to the factual and legal
status at a time when there has been wrongdoing karnej; later legislation has
apply if it is more favourable to the accused able in the printer.
(2) the decision of the Disciplinary Chamber shall be served on the accused person and able in the printer kárnému
the applicants into their own hands. If the accused is able in the printer in the management representative, or
the guardian, they delivered the decision instead of the accused able in the printer.
(3) against the decision of the Disciplinary Chamber may accused and disciplinary prosecutor able in the printer
to submit within 15 days from its receipt to the Chamber. The appeal should be
justified and shall have suspensive effect.
(4) an appeal shall decide for each case designated five-member disciplinary
the Senate composed of a presiding judge and two members appointed by the President of the
On the proposal of the Presidium of the Chamber the Chamber, and 2 members designated by lot by the President of
The Chamber from among the members of the Presidium of the Chamber. If the Disciplinary Chamber shall decide on the
the appeal against the decision in disciplinary proceedings on a proposal from the President of the
The Chamber, or if the President of the Chamber otherwise in a case
the President of the Senate and 2 members at the proposal of the Presidium of the Chamber shall be appointed and 2 members
Specifies by lot from among the members of the Presidium of the Chamber Vice President of the Chamber. The performance of the
Member of the Board of appeal the Disciplinary Chamber is incompatible with the performance of the functions
Member of the Disciplinary Chamber, as well as with the previous exercise of functions of a member of the disciplinary
Senate against the same accused person able in the printer in the same disciplinary things.
(5) details of disciplinary proceedings disciplinary regulations lay down. ".
29. under section 50 shall be added to § 50a, which including the title reads as follows:
"§ 50a
Expungement of a disciplinary penalty
After the expiration of 5 years from the decision on the imposition of disciplinary measures
for the purposes of disciplinary responsibility of the notary candidate or
as an associate, as for disciplinary transgressions would not be prosecuted. If the performance of the
disciplinary measures until a disciplinary sanction is not over yet, expunge
executing a disciplinary measure. ".
30. In paragraph 58, the words "or Slovak" are deleted.
31. in § 62 para. 2 the words "the Czech and Slovak Federative Republic"
replaced by the words "United States".
32. In paragraph 70, the present text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) If a notary shall draw up a marriage contract, writes using electronic
transfer the data to the central register of marriage contracts, such details
contract and about those who made it (§ 35 c (2)). ".
33. section 71a is inserted:
"section 71a
(1) a notarial deed on the legal act in which the participant undertakes to meet the
financial claim of the other party arising out of the Fed
the contract law of the legal relationship, can contain a permission zavázaného
the participant that has been ordered under this registration and enforcement
decision (execution) and that was such a notarial record enforced,
If his obligation properly and in a timely manner. Such a notarial instrument of
the legal act must include the amount of the claim and the period of performance.
(2) a notarial deed on the legal act in which the participant unilaterally
recognizes the financial claim arising from the contract law-based
legal relationship can contain a permission zavázaného a participant to
This notation has been ordered and carried out enforcement (execution) and to
was such a notarial record enforced if its obligation to
fails to comply in a timely manner. Such a notarial deed on the legal act must
include the amount of the claim, the time of performance, the designation of the person whose
the claim is to be met, and the facts on which the claim
based. ".
34. In section 71b with inserted new paragraph 1, which reads as follows:
"(1) the notary draws up notarial deed at the request of the participant agreement
undertake to comply with the claim or the claim of the other party arising
of the law of the legal relationship in which, to consent under this registration
was ordered and carried out enforcement (execution) and that such
notarial record enforced if its duty properly and in a timely manner
fail. ".
Paragraphs 1 to 3 shall become paragraphs 2 to 4.
35. In section 71b, the following paragraph 5 is added:
"(5) the provisions of § 62 para. 2, § 63-69 and 71 shall apply mutatis mutandis. ";"
36. section 71 c, including footnote # 4e:
"section 71 c
A notarial deed pursuant to section 71a and 71b is an official document, which confirms the
as a European enforcement order if it is subject to the performance of financial
claim arising from a civil or commercial law
obligation relationship ^ 4e).
4E) § 200ua code of civil procedure.
Article. 2 to 4 of the European Parliament and Council Regulation (EC) No 805/2004 of the
on 21 February 2006. 4.2004 creating a European enforcement order for uncontested
claims. ".
37. the following section is inserted after section 80f, 80 g, which reads as follows:
"§ 80 g
(1) the notary draws up notarial deed of the forming of the decision of the authorities
established legal entities, if provided for by special legislation.
(2) the drafting of notarial acts referred to in paragraph 1 shall apply
mutatis mutandis, to section 80a-80e. The provisions of § 71 shall apply mutatis mutandis, and the provisions of
§ 64 to 69 shall apply mutatis mutandis. ";"
38. In § 85 para. 3, the words "or savings and credit cooperatives"
shall be deleted.
39. In § 86 para. 1, the words "or savings and credit cooperatives"
shall be deleted.
40. under section 94, the following new section 94a which including footnote # 5b
added:
"section 94a
Copies of notarial entries, free copies of notarial entries, statements of
notarial registrations and confirmation of facts known from the writings of may
be issued in electronic form. Copies of notarial entries
listings of notarial entries and confirmation of facts known from the writings of
issued in electronic form shall bear a recognized electronic
the signature under special legislation ^ 5b) of the person who issued it.
The signature in accordance with § 92 para. 2 and § 94 paragraph. 2 in this case means
the acclaimed electronic signature. The imprint of the stamp of a notary under § 92
paragraph. 2 and § 94 paragraph. 2 is not required.
5B) Act No 227/2000 Coll. on electronic signature and amending certain
other laws (the law on electronic signature), as amended
regulations. ".
Footnote No. 5b is referred to as a footnote
# 5 d, including links to a footnote.
41. In paragraph 96, after the word "courts", the words ", the Court
Commissioners ^ 5 c) ".
Footnote # 5 c:
"5 c) § 38 paragraph 1(a). Code of civil procedure. ".
42. In § 101 paragraph. 1, after the word "Court", the words ", the Court
Commissioner ^ 5 c) ".
Article. (VII)
Transitional provision
Disciplinary proceedings initiated before the date of entry into force of this Act shall be
completes in accordance with the existing legislation.
PART SIX
Amendment of the Act on the public prosecutor's Office
Article. (VIII)
Act No. 283/1993 Coll., on the public prosecutor's Office, as amended by Act No.
261/1994 Coll., Act No. 201/1997 Coll., Act No. 169/1999 Coll., Act No.
11/2001 Coll., Act No. 14/2002 Coll., Act No. 151/2002 Coll., Act No.
310/2002 Coll., Act No. 192/2003 Coll., Act No. 631/2004 Coll., Act No.
381/2005 Coll., Act No. 413/2005 Coll., Act No. 79/2006 Coll., Act No.
342/2006 Coll., Act No. 121/2008 Coll., Act No. 129/2008 Coll. and act
No. 314/2008 Coll., is amended as follows:
1. In article 3, paragraph 3. 1 the word "stuff" is replaced by "unless the law
otherwise, things ".
2. In article 12, paragraph 5 shall be deleted.
Paragraphs 6 to 8 shall be renumbered as paragraphs 5 to 7.
3. In § 33 para. 2, after the words "Administrative Court" the words
"Assistant Ombudsman".
4. In paragraph 33, the following shall be added at the end of paragraph 7, the phrase "in the criminal proceedings may
the Prosecutor appoint a legal trainee or Assistant State
representative to represent it in the case by an act of the present proceedings; in
the proceedings before the Court may be represented by legal or supernumerary
Assistant State Attorney only before the District Court. ".
PART SEVEN
Amendment of the Act on the enforcement of binding
Article. (IX)
Act No. 293/1993 Coll., on remand, as amended by Act No. 211/2000 Coll.
Act No. 258/2000 Coll., Act No. 3/2002 Coll., Act No. 218/2003 Coll.
Act No. 52/2004 Coll. and Act No. 539/2004 Coll., is amended as follows:
1. In article 3, paragraph 3. 2 the words "entrusted to the Prosecutor of the regional
the Prosecutor's Office, who "shall be replaced by" the regional State
the Prosecutor's Office that ".
2. in section 29 para. 1 the words "authorized by the public prosecutor of the regional
the State "shall be replaced by" regional State ".
PART EIGHT
Amendment of the Act on the execution of prison sentence
Article. X
In § 78 para. 1 Act No. 169/1999 Coll., on the imprisonment and
amending certain related laws, the words "authorized State
the representative of the regional State "shall be replaced by" regional State ".
PART NINE
Amendment of the Act on the execution of institutional care or protective custody
Article. XI
In § 39 para. 1 of Act No. 109/2002 Coll. on the execution of institutional care or
protective care in school facilities and on preventive educational care
in educational establishments and amending other laws, the words "authorized
the Prosecutor of the State "shall be replaced by" District of the State. "
PART TEN
Amendment of the Act on the enforcement of security detention and amending other laws
Article. (XII)
In § 40 paragraph 2. 1 of law No 129/2008 Coll. on the execution of detention and security
amending certain related laws, the words "authorized State
the representative of the regional State "shall be replaced by" regional State ".
PART ELEVEN
Amendment of the Act on higher court officials
Article. XIII
In section 10, paragraph 1. 1 of the law No. 121/2008 Coll., on higher court officials and
senior officials of the public prosecutor and amending related
laws, letter a) is added:
"and for a payment) of warrant, and in these cases i
deciding on late lodgement of the resistances, terminating the proceedings because of the
withdrawal of an action or an application for a payment order, the
the cancellation of the payment order, which cannot be delivered, the proceedings on the issue of
electronic payment order, and in these cases, decisions about
belatedly submitted resistance against the electronic payment order, the
Cancel electronic payment order, terminating the proceedings after
withdrawal of an application for an electronic payment,
a European order for payment, and in these cases i
deciding on the belatedly submitted resistance opposition to the
warrant, about cancellation of the European order for payment, to halt the proceedings after
withdrawal of the application for a European order for payment, and decision making
According to Section 114b para. Code of civil procedure, if a case decided
order for payment, the European order for payment or electronic
order for payment ".
PART TWELVE
Amendment of the Act on arbitration and the enforcement of arbitral awards
Article. XIV
In section 15 of Act No. 216/1994, Coll., on arbitration proceedings and enforcement of arbitral
the findings, paragraph 1 reads:
"(1) the Arbitrator shall be entitled to examine his authority. When they consider to
the conclusion that under the arbitration agreement has been submitted to them, their
the decision is not given the power to decide about resolution. ".
PART THIRTEEN
Amendment of the Act on State statistical service
Article. XV
Law No. 89/1995 Coll., on State statistical service, as amended by Act No.
356/1999 Coll., Act No. 220/2000 Coll., Act No. 257/2000 Coll., Act No.
408/2000 Coll., Act No. 202/2002 Coll., Act No. 320/2002 Coll., Act No.
81/2004 Coll., Act No. 561/2004 Coll., Act No. 340/2005 Coll., Act No.
230/2006 Coll., Act No. 248/2006 Coll., Act No. 342/2006 Coll. and act
No 239/2008 Coll., is amended as follows:
1. In paragraph 9a(1). 2 (a). and at the end of point) 7, the words ", where appropriate,
also the address to which the documents are to be delivered by a special
legislation ".
2. In paragraph 9a(1). 2 (a). (b)) at the end of paragraph 7, the words ", where appropriate,
also the address to which the documents are to be delivered by a special
legislation ".
PART OF THE FOURTEENTH
Changing the law on population register
Article. XVI
Act No. 133/2000 Coll., on registration of the population and the social security numbers and amending
Some laws (law on population register), as amended by Act No. 2/2002
Coll., Act No. 320/2002 Coll., Act No. 53/2004 Coll., Act No. 501/2004
Coll., Act No 444/2005 Coll., Act No. 68/2006 Coll., Act No. 115/2006
Coll., Act No. 159/2006 Coll., Act No. 165/2006 Coll., Act No. 189/2006
Coll., Act No. 342/2006 Coll., Act No. 239/2008 Coll., Act No. 274/2008
Coll. and Act No. 305/2008 Coll., is amended as follows:
1. In article 3, paragraph 3. 3 at the end of the text of the letter g), the words ",
where appropriate, the address to which the documents are to be delivered by
special legal regulation ^ 5 °) ".
Footnote # 5 °:
"for example, 5 °) § 46b (b). and the code of civil procedure).
2. In article 3, paragraph 3. 4 at the end of the text of the letter g), the words ",
where appropriate, the address to which the documents are to be delivered by
special legal regulation ^ 5 °) ".
3. in paragraph 6 of the text at the end of subparagraph (a)) the following words "and, where appropriate,
details of the address to which they are to be a citizen or an alien who
It is a resident of, delivered the documents under a special legal
prescription ^ 5 °), its amendment or repeal ".
4. In article 8 the following paragraph 12, including footnote # 9e
added:
(12) the Ministry provides in electronic form in a manner allowing
remote access to notaries as judicial Commissioners designated by the
special legal regulation) for the needs of the ^ 9e probate proceedings information from
information system of population register of inhabitants in the range
and) the name or name, last name, or changing them, native
last name,
(b)) date of birth,
(c) the social security number), if it has been allocated, the
(d) the address of the place of residence), and the address to which they have
to be served documents according to a special legal regulation, in the case of
citizen,
(e)) the type and address of the place of stay, the origin and any end date
the stay, in the case of foreigners pursuant to § 1 (1). 1 (b). b) or c)
(f)), social security number, father, mother, or other legal representative; in
If one of the parents or other legal representative does not have a social security number,
his name, where applicable, the name, surname and date of birth,
g) marital status,
h) partnership
I) social security number and address of the place of residence or address of residence
spouse or partner; If the spouse or partner of an alien who
has not been granted social security number, name, or names, last name
a husband or partner, and the date of his birth,
j) the name or names, the child's name, social security number and the address of the place of
the address of the residence or place of stay, if the child is resident; in
If the social security number was not assigned, date of birth,
k) date, place and County of death; in the case of deaths outside the United
Republic, date of death and the State on whose territory the death occurred,
l) day, who was in the Court decision on the Declaration of death listed
as the day of death.
From the data provided can be used in a particular case only such
the data which are necessary for the performance of the task.
9E) section 38 of the Act No. 99/1963 Coll., the code of civil procedure, as amended by
amended. ".
5. the following section 10a is inserted after section 10b is inserted:
"§ 10b
(1) at the request of the residents can be lead in the population register also indicate the address
to which the documents are to be delivered to him under a special legal
prescription ^ 5 °).
(2) the address referred to in paragraph 1, the amendment or cancellation of the population reports
ATS in the place of permanent residence. "
PART FIFTEEN
cancelled
Article. XVII
cancelled
PART OF THE SIXTEENTH
Amendment of the Act on courts and judges
Article. XVIII
Act No. 6/2002 Coll., on courts, judges, lay judges and State administration
courts and amending some other acts (the Act on courts and judges),
as amended by Act No. 151/2002 Coll., Act No. 229/2002 Coll., the award
The Constitutional Court declared under no. 349/2002 Coll., Act No. 192/2003
Coll., Act No. 441/2003 Coll., Act No. 626/2004 Coll., Act No. 349/2005
Coll., Act No. 413/2005 Coll., Act No. 79/2006 Coll., Act No. 221/2006
Coll., Act No. 233/2006 Coll., Act No. 262/2006 Coll., Act No. 262/2006
Coll., Act No. 342/2006 Coll., Constitutional Court declared under no.
397/2006 Coll., Act No. 184/2008 Coll. and Act No 312/2008 Coll., is amended
as follows:
1. In article 110 paragraph 2. 3, after the words "the bailiff, the bailiff of the candidate
as "the words", the employee of the Ministry activity that
He received higher education in the framework of the master's degree programme
in the field of law at a University, and that is itself involved in the production
the proposals generally binding legal regulations, ".
2. in paragraph 1 of section 174a is inserted:
"(1) If a participant or the person who is a party to the proceedings, considered that, in this
control occurs delays, may submit a proposal for a court to determine a deadline for
the implementation of the procedural act, for which in his opinion are experiencing
delays in the proceedings (hereinafter referred to as "the proposal to determine the deadline"). The proposal to determine the
the deadline for the implementation of the procedural act is not subject to the filing of a complaint by
§ 164. ".
3. in paragraph 3 of section 174a is inserted:
"(3) the Court to which they are invoked delays in proceedings, refer to 5
working days from the date of receipt of the proposal to determine the deadlines with my
the expression of the court competent to decide on the proposal; about your procedure, the Court
the applicant shall inform. This does not apply if the Court within 30 days from the
the date of receipt of the draft all procedural acts, for which the appellant
you experience a delay; in this case, the draft also not taken into account,
unless the applicant explicitly within 3 days from the date of implementation
operations to the latter, shall declare that the design takes. ".
4. In section 174a after paragraph 3 the following paragraph 4 is added:
"(4) the Court with jurisdiction to decide on the proposal is in civil and
criminal proceedings the Court closest to a higher level, if the proposal is directed against
the district, the regional or the High Court and the Supreme Administrative Court,
If the proposal is directed against the regional court in the matter of administrative justice;
If the proposal is directed against the Supreme Court or the Supreme Administrative
the Court shall decide on the other Chamber of the Tribunal, the competent according to the schedule
work (hereinafter referred to as "the Court"). ".
Paragraphs 4 to 8 shall be renumbered as paragraphs 5 to 9.
5. In article 174a of the paragraph. 6, the words "If the applicant has not submitted a complaint to the
delays in proceedings, or ' shall be deleted.
6. In section 175a of paragraph 1. 3 (b). and at the end of point) 7 words
"where appropriate, the address to which the documents are to be delivered by
a special legal regulation, ".
PART SEVENTEEN:
To change the code of civil procedure of the administrative
Article. XIX
Act No. 150/2002 Coll., the administrative procedure code, as amended by Act No. 192/2003
Coll., Act No. 22/2004 Coll., Act No. 235/2004 Coll., Act No. 436/2004
Coll., Act No. 561/2004 Coll., Act No. 127/2005 Coll., Act No. 350/2005
Coll., Act No. 361/2005 Coll., Act No. 413/2005 Coll., Act No. 79/2006
Coll., Act No. 112/2006 Coll., Act No. 159/2006 Coll., Act No. 165/2006
Coll., Act No. 189/2006 Coll., Act No. 262/2006 Coll., Act No. 301/2008
Coll. and Act No 312/2008 Coll., is amended as follows:
1. In paragraph 41 of the second sentence, the words "the United States, State funds and
budgets of territorial self-governing units "shall be replaced by" State
financial assets or reserves of organisational units of the State,
the budgets of territorial self-governing units, or State funds or
The National Fund ".
2. In paragraph 45, the following paragraph 7 is added:
"(7) paragraphs 1 to 6 shall apply mutatis mutandis for the playback of audio or
Visual recordings ("record") and the provision of their
copies or for other ways to capture the content of the Charter ".
3. in paragraph 12 of section 49 reads as follows:
"(12) Act and other acts, in which the Court acts with the participants or
evidence shall be recorded in the form of a record. The record is
It stores data on a durable medium, which is included in the file. If it is not
the fixation is possible or if so provided by law, the
acts, in which the Court acts with the participants, evidence, or
the decision, announced by the Protocol. The Court may determine to be parallel with the
the acquisition of a record drawn up about the Act Protocol. If they are not present when the Act
the participants, representatives of the public and even the Court performs the only documentary evidence
the acquisition Protocol is sufficient. In the case of breach of Protocol and record has
the record. About the personal data referred to in the Protocol, the
mutatis mutandis, the provisions of § 37 para. 3. ".
4. In § 55 para. 1, after the word "Protocol", the words "or
the record ".
PART EIGHTEEN
Change of administrative procedure
Article. XX
Act No. 500/2004 Coll., the administrative code, as amended by law no 413/2005 Coll. and
Act No. 384/2008 Coll., is amended as follows:
1. In paragraph 19 (1) including footnote # 13a is inserted:
"(1) a document served by the administrative authority which it drew up. Administrative
the authority delivers the document through the public data network to the data
^ Clipboard 13a). If the document cannot be delivered in this way, it can deliver
administrative authority itself; in the cases provided for by law may document
delivered through the local authority, on an equal footing as the senior
administrative authority ^ 14) (hereinafter referred to as "local authority") or through the
the police authority competent according to the place of delivery; If it is to control the
the competent authority of the municipality, may served by municipal
the police.
13A) Act No. 300/2008 Coll., on electronic acts and authorized
convert documents. ".
2. in section 19 para. 2, the first sentence is replaced by the phrase "if it is not possible to
served through a public data network to the data
^ Clipboard 13a), it can be delivered through the operator
postal service. ".
3. in section 19 para. 6, the words ", and if it is possible to do without in the proceedings
This document "shall be deleted.
4. in paragraph 1 of article 23. 4, the first sentence is "15" is replaced by "10".
5. in paragraph 2 of article 23. 4, the second sentence is replaced by the phrase "if it is possible and
He did not rule if the administrative authority, the document is inserted after 10 days
in house mailbox or another suitable place; otherwise, it returns the administrative
the authority, which it drew up. ".
6. in article 23 paragraph 1. 5 after the word "caused" the words "or of the
What to do in accordance with § 24 para. 2. "
7. § 24 para. 2 the words "missing Act" are replaced by the words
"the determination of the invalidity of the delivery or the time when the document was
delivered ".
8. In paragraph 178, paragraph 2 reads as follows:
"(2) if the parent administrative authority determined under paragraph 1, the
pursuant to this paragraph. Superior administrative authority in the authority of the village
means the regional office. Superior administrative authority in the authority of the County means
in proceedings in a separate scope of Ministry of the Interior, in the proceedings
held in by the substantive jurisdiction the head office, administrative office
where appropriate, the central administrative authority, whose scope is decided by the
the closest things. Superior administrative authority in other public
the Corporation means the administrative body responsible for the surveillance and superior performance
administrative authority in the legal or natural persons entrusted with the exercise of official
management means a body which, by a special Act shall decide on
the appeal; If there is no such body established by that authority is the authority that
These persons the exercise of public administration on the basis of the law. Supervisor
the administrative body of the central public administration authority means the Minister, or
the head of the Central Administrative Office. Superior administrative authority
the Minister or the head of another central public administration authority "means
the head of the central competent authority. ".
PART NINETEEN
Amendment of the Bankruptcy Act and the ways of its solution (insolvency law)
Article. XXI
Law No. 182/2006 Coll., on bankruptcy and the ways of its solution (insolvency
Act), as amended by Act No. 309/2006 Coll., Act No. 108/2007 Coll., Act
No 296/2007 Coll., Act No. 362/2007 Coll. and Act No 301/2008 Coll.,
be amended as follows:
1. In § 77 para. 1 sentence of the second part of the sentence after the semicolon, including
the semicolon is deleted.
2. In article 77, paragraph 3 shall be deleted.
3. In § 79 paragraph 2. 1 the first sentence after the word "address" the words "for
delivery "and the second sentence shall be deleted.
4. In § 79 paragraph 2. 2, the part of the sentence after the semicolon including semicolon shall be deleted.
PART TWENTY-
Amendment of the Act on radio and television fees
Article. XXII
In section 2 of the Act No. 348/2005 Coll., on radio and television fees and
amending certain acts, at the end of paragraph 4, the dot is replaced by a comma
and the following subparagraph (c)), which read as follows:
"(c)) tv receivers that are used exclusively for the purposes of the
control. ".
PART OF THE TWENTY-FIRST
Change the enforcement code
Article. XXIII
In Act No 120/2001 Coll., on judicial executors and enforcement activities
(enforcement procedure) and amending other laws, as amended by Act No. 6/2002 Coll.
Act No. 279/2003 Coll., Act No. 360/2003 Coll., Act No. 53/2004 Coll.
Act No. 256/2004 Coll., Act No. 283/2004 Coll., Act No. 499/2004 Coll.
Act No. 501/2004 Coll., Act No. 377/2005 Coll., Act No. 57/2006 Coll.
Act No. 70/2006 Coll., Act No. 79/2006 Coll., Act No. 135/2006 Coll.
Act No. 253/2006 Coll., Act No. 296/2007 Coll., Act No. 347/2007 Coll.
Act No. 254/2008 Coll., Act No. 259/2008, Coll., Act No. 274/2008 Sb.
and Act No 301/2008 Coll., section 67 reads:
"§ 67
If the securities or other instruments, whose submission is required to
the application of law, subject to financial collateral ^ 18a) under a special
legal regulation 18b) or ^ foreign legislation, not after
the duration of this financial collateral included in the scope of the enforcement
[§ 49 paragraph 1 (b), (e))]. ".
Article. XXIV
Transitional provision
If an enforcement order to perform execution sale of movable assets and
real estate issued prior to the date of this Act, the
execution according to the existing legislation.
PART TWENTY-TWO
Amendment of the Act on capital market
Article. XXV
Act No. 256/2004 Coll., on the capital market, as amended by law
No 635/2004 Coll., Act No. 179/2005 Coll., Act No. 377/2005 Coll., Act
No 56/2006 Coll., Act No. 57/2006 Coll., Act No. 62/2006 Coll., Act No.
70/2006 Coll., Act No. 159/2006 Coll., Act No. 120/2007 Coll., Act No.
296/2007 Coll., Act No. 29/2008 Coll., Act No. 104/2008 Coll., Act No.
126/2008 Coll. and Act No. 230/2008 Coll., is amended as follows:
1. In the title of § 97, the words "book-entry" shall be replaced by "s".
2. In § 97 para. 1 introductory part of the provisions, the words "book-entry"
shall be replaced by "s".
3. In § 97 para. 1 (b)):
"(b)), the competent court or administrative authority, a bailiff if necessary
in connection with the issuance of an interim measure, to order execution or to
other purposes of judicial or administrative proceedings or if so provided by
a special law, ".
4. In paragraph 97, at the end of paragraph 5, the following sentence "after the period of suspension
the management of the investment facility cannot be documentary investment tool
logged in a separate register issue of safekeeping. ".
PART TWENTY-THREE
Amendment of the Act on public auctions
Article. XXVI
In § 22 para. 1 of law No 26/2000 Coll., on public auctions, as amended by
Act No 120/2001 Coll., on the end of the text of the letter f), the words ",
If the applicant or court bailiff within the procedure under
special legal regulation ^ 14b) ".
Footnote # 14b:
"14b) § 334a civil procedure.".
PART OF THE TWENTY-FOURTH
The EFFECTIVENESS of the
Article. XXVII
This Act shall take effect on the first day of the sixth calendar month
following the date of its publication, with the exception of the provisions of article. I, points
69, 71 and 100, the provisions of article. The provisions of article XIII. XVII, paragraph 1, which
enter into force on the fifteenth day following the date of its publication.
Vaidya in the r.
Klaus r.
in z. Vondra in r.
