396/2012 Coll.
LAW
Dated 19 September 2012
Amending Act no. 99/1963 Coll., Civil Procedure Code, as amended
amended, and other related laws
Change: 256/2013 Coll., 340/2013 Coll., 344/2013 Coll.
Parliament has passed this Act of the Czech Republic:
PART ONE
Changing the Rules of Civil Procedure
Art. I
Law no. 99/1963 Coll., Civil Procedure Code, as amended by Law no. 36/1967
Coll., Act no. 158/1969 Coll., Act no. 49/1973 Coll., Act No. .
20/1975 Coll., Act no. 133/1982 Coll., Act no. 180/1990 Coll., Act no. 328/1991
Coll., Act no. 519/1991 Coll., Act no. 263/1992 Coll., Act no. 24/1993
Coll., Act no. 171/1993 Coll., Act no. 117/1994 Coll., 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. 238/1995 Coll., Act No. .
247/1995 Coll., the Constitutional court judgment promulgated under no. 31/1996 Coll., Act no. 142/1996 Coll
., Constitutional court judgment published 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. 165/1998 Coll. Act no. 326/1999 Coll.
Act no. 360/1999 Coll., the Constitutional court judgment promulgated 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. 370/2000 Coll., Act.
120/2001 Coll., Act no. 137/2001 Coll., Act no. 231/2001 Coll., Act no. 271/2001 Coll
., Constitutional court judgment published under no. 276/2001 Coll.
Act no. 317/2001 Coll., Act no. 451/2001 Coll., Act no. 491/2001 Coll.
Act no. 501/2001 Coll., Law no. 151 / 2002 Coll., Act no. 202/2002 Coll.
Act no. 226/2002 Coll., Act no. 309/2002 Coll., Act no. 320/2002 Coll.
Constitutional court judgment promulgated under no. 476/2002 Coll., Act no.
88/2003 Coll., Act no. 120/2004 Coll., the Constitutional court judgment
promulgated under no. 153/2004 Coll., Act No. . 237/2004 Coll., Act no. 257/2004 Coll
., Act no. 340/2004 Coll., Act no. 436/2004 Coll., Act no. 501/2004 Coll
., Act no. 554/2004 Coll., Act no. 555/2004 Coll., Act no. 628/2004 Coll
., Act no. 59/2005 Coll., Act no. 170/2005 Coll., Act.
205/2005 Coll., Act no. 216/2005 Coll., Act no. 342/2005 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. 113/2006 Coll., Act no. 115/2006 Coll., Act no. 133/2006 Coll
., Act no. 134/2006 Coll., Act no. 135/2006 Coll., Act.
189/2006 Coll., Act no. 216/2006 Coll., Act no. 233/2006 Coll., Act no. 264/2006 Coll
., Act no. 267/2006 Coll., Act No. . 308/2006 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. 295/2008 Coll., Act.
305/2008 Coll., Act no. 384/2008 Coll., Act no. 7/2009 Coll., Act no.
198/2009 Coll., Act no. 218/2009 Coll., Act No. . 227/2009 Coll., Act no. 281/2009 Coll
., Act no. 285/2009 Coll., Act no. 286/2009 Coll., Act no. 420/2009 Coll
., finding Constitutional court promulgated under no. 48/2010 Coll.
Act no. 347/2010 Coll., Act no. 409/2010 Coll., Act no. 69/2011 Coll.
Law no. 139 / 2011 Coll., Act no. 186/2011 Coll., Act no. 188/2011 Coll.
Act no. 218/2011 Coll., Act no. 355/2011 Coll., Act no. 364/2011 Coll.
Act no. 420/2011 Coll., Act no. 458/2011 Coll., Act no. 470/2011 Coll.
Constitutional court judgment published under no. 147/2012 Coll. Act no. 167/2012 Coll
. and Act no. 202/2012 Coll., is amended as follows:
First In § 46b point. a) after the word "prescription-58c)" the words "or
address of residence of foreigners in the Czech Republic by type of residence
foreigners".
Second In § 53 par. 1, the words "§ 294 and 295" are replaced by "§ 294, 295 and
320ab."
Third In § 53 at the end of paragraph 3 the sentence "for enforcing disciplinary
fines apply the procedure provided Tax Code.".
Fourth Under § 142, the following new § 142a, which reads:
"§ 142a
(1) The applicant, who was successful in cases brought under § 80 point. b)
has the right to pay the costs against the defendant, if only
Defendant within a period of at least 7 days prior to the initiation, management
sent to the delivery address or to the last known address
challenge to meet.
(2) If there are reasons worthy of special consideration, the court may exceptionally
pay the costs in full or in part to grant the applicant, even if the defendant that the plaintiff
call for the fulfillment of the conditions referred to in paragraph 1 || | received. ".
Fifth In § 175u paragraph. 1, first sentence, the words "sale of movables, real estate and venture
" are deleted.
6th In § 175v paragraph. 4, the first sentence following the sentence "also cease
liens securing claims the debtor is a person
different from the deceased.".
7th In § 200uA paragraph. 2, second sentence, the words "general court authorized"
replaced by "the court in whose jurisdiction the seat of the person who wrote the EEO
".
8th In § 210a, the words "(§ 208)," the words "or
decision issued pursuant to Part Six".
9th In § 251, the words "enforceable decision," the words "and
if it is a matter pursuant to paragraph 2".
10th In § 251, the current text becomes paragraph 1 and the following
paragraphs 2 and 3 are added:
"(2) The Court orders and enforce decisions
A) for the care of minors,
B) unless the EEO, which can be done by administrative order or
Tax Code,
C) If a motion to vacate the apartment or room with ensuring
housing compensation,
D) of expulsion from the common dwelling and image discrepancy contacts with
legitimate,
E) the institutions of the European Communities ^ 78a)
F) in the case of a foreign decision-58f).
(3) If a court petition for enforcement of a decision in another case than in the case
pursuant to paragraph 2, the court shall reject the application. ".
11th In § 255, paragraph 3 shall be added:
"(3) mandatory husband is also a party if they are to pry
commitment, which belongs to the common property of spouses, ordered
enforcement of decisions affected property values husband mandatory (§
262a paragraph . 3). '.
12th In § 258 para. 1, "the order to pay from an account at a financial institution
" is replaced by "property management" and the words "sale
enterprise" is replaced by "disability business".
13th In § 261 paragraph. 1, a sentence added after the first sentence, "The application for enforcement
decisions of legitimate social security number of the debtor, if he is known.".
14th In § 262a, paragraph 3 shall be added:
"(3) Enforcement deductions from wages or other income spouse
mandatory, seizures husband compulsory from an account at a financial institution
and directing other monetary claims of the debtor or spouse
disabilities other proprietary rights mandatory husband It may be ordered if
case of a commitment to win the battle, which belongs to the common property of spouses.
Provisions of the second and third heads shall apply mutatis mutandis. ".
15th In § 263, paragraph 3 shall be added:
"(3) If the decision is carried out, which was authorized
entitled to the recurring benefits and if the enforcement of the decision
deductions from wages are not enough to pay for these benefits, the power
decision to prescribe a different way enforcement to the extent of the sum of these
performance, and in the case of benefits indefinitely, then the extent to
five times the annual performance. Authorized court benefits are paid once
become due. ".
16th In § 267, paragraph 3 shall be added:
"(3) Likewise, according to subsection 1 shall, if it was ordered performance
decision affected property belonging solely husband compulsory
because it acquired before marriage, inheritance, gift, for property belonging
to his exclusive property, or by legislation on the restitution of property
who had owned before marriage or who
he was issued as a legal successor of the original owner, or that
used by their nature, only his personal needs. " .
17th In § 274 paragraph. 1 point. e) the words "and executor" are deleted and the words
"special laws ^ 80)" is replaced by "special Act 80)."
Footnote. 80 reads:
"80) § 71a-71c of the Act no. 358/1992 Coll., As amended
regulations.".
18th In § 274 paragraph. 1 Point f) reads:
"F) enforceable decisions and other enforceable documents of public
power;".
19th In § 274 paragraph. 1 letter g) shall be deleted.
Current letters h) and i) are designated as letters g) and h).
20th At the end of the text of § 278, the words "(hereinafter" unseizable
amount ")."
21st In § 279 paragraph. 1 and the first sentence of § 298 paragraph. 1 sentences first, second and third
word "basic" is replaced by "unseizable".
22nd In § 293 after paragraph 1, the following paragraph 2 is added:
"(2) A change in wage payer is regarded as payment of benefits under a special regulation
District Social Security Administration.
If the new wage payer has received from the previous billing documents
wages needed for enforcement deductions from wages, the provisions of § 294
apply. The provisions of § 295 shall not apply. ".
Existing paragraph 2 shall be renumbered third
23rd In § 293, paragraphs 4 and 5 are added:
"(4) There is a change in payer in accordance with paragraph 2
during a calendar month, unseizability credited the full amount, possibly at a lower
amount, the amount does not pay the amount unseizable amount, current billing | || wages.
(5) If the wage payer in the current wage did not reach above
unseizable amount, the new wage payer pursuant to paragraph 2 shall be counted in wages (sickness benefits
) mandatory in the calendar month an amount equal to the difference between
what counts in the existing taxpayer wages in a calendar month
and unseizable amount. The existing wage payer is obliged to
fact, the new wage payer announce later than the end of the calendar
month in which there is a change wage payer. ".
24th In § 298 paragraph. 1, first sentence, the words "(§ 278)" are deleted.
25th In § 303 at the end of the text of paragraph 2, the words "(hereinafter
" passbook ")".
26th In § 303, paragraph 3 shall be added:
"(3) Enforcement seizures of bank accounts
can not order regarding debts on bank accounts, on which
funds are intended to pay by card
social systems.".
27th In § 304b is inserted after paragraph 1 a new paragraph 2, which reads:
"(2) The funds referred to in paragraph 1 financial institution pays
mandatory upon request more than once. The fact must be compulsory when
regulation enforcement informed. ".
Existing paragraph 2 shall be renumbered third
28th In § 312 after paragraph 1 GOVERNMENT new paragraph 2, which reads:
"(2) The court shall proceed in accordance with paragraph 1, even if that
performance arising from the contractual relationship, which is mandatory participant is conditional or
tied to an age or a different course of time. If appropriate, the court after
legal force of a writ of execution to replace its
decision statement will be liable to termination of the contractual relationship
or applications for benefits. The consent of a third party, if he is a legal act
subject is replaced by Resolution writ of execution.
Acts necessary to exercise the rights that belong under special legislation
mandatory, instead of implementing a mandatory justified. ".
Existing paragraph 2 shall be renumbered third
29th § 314b reads:
"§ 314b
(1) Where appropriate, the court instead of proceeding under § 314a directs sales
assets at auction. In doing so, by analogy pursuant to § 328b, § 329 paragraph.
1-6 and § 329a to 330a.
(2) If the successful bidder pays the highest bid properly and timely,
pass to the Purchaser all rights and obligations to the debt still testifying
mandatory, with legal effect at the time of granting the hammer. Transition
rights in court auction to notify the debtor of the debtor. If the fulfillment
auctioned debt secured by a lien, liability or other
way, the court announces the passing of rights at auction to a person who
collateral provided, if such a fact known to the court. ".
30th Under § 314b is inserted § 314c, added:
"§ 314c
(1) If a claim is mandatory stopped under a special legal regulation
^ 82) or assigned to secure a creditor's claim
mandatory ^ 83) or transferred as security in favor of mandatory
its creditors ^ 84 ) and if such rights earlier order than the receivable
for which the writ of enforcement, the power
decision follows the claims at issue, or part thereof, to perform only if
Rights lapse without receivable was fully paid creditors
mandatory. In this case, the borrower mandatory receivable (part of)
pay authorized only after the extinction of the right learned; provision
§ 314a paragraph. 2 is not affected.
(2) Where the rights referred to in paragraph 1 shall turn later than the claim,
for which the writ of enforcement, when the enforcement
not taken into account.
(3) Where the rights referred to in paragraph 1 of the same order as receivables
for which the writ of enforcement, and not enough if those rights
untouched part of a claim which affects the regulation enforcement
(§ 312 par. 3), to the full satisfaction of debt collection to pay
if the claim or its unpaid part, relatively.
(4) The order of the rights referred to in paragraph 1, the decisive day of their
creation. ".
31st In § 320 paragraph. 2, the words "§ 312 paragraph. 2" is replaced by "§ 312
paragraph. 3 ".
32nd In § 320 at the end of paragraph 2 the sentence "For purposes of determining the price
court puts on an expert, you can not determine if the price of the contract on the basis
another property right arose.".
33rd § 320a including the title reads:
"§ 320a
Disability compulsory participation in public companies and
the general partner in the limited partnership
(1) by extinction if regulation enforcement disabilities participate companion
public company, the decision affects the performance of asset
mandatory right of liquidation share.
(2) Extinction If the result of the enforcement of a decision only participate
shareholder in a public company, the decision affects performance
claim the right of settlement amount.
(3) The enforcement pursuant to paragraphs 1 and 2 shall apply mutatis mutandis
provisions of § 312 paragraph. 3 and § 313 to 316.
(4) The provisions of paragraphs 1 to 3 shall also apply to disability
mandatory participation in the limited partnership, if Komplementärin. ".
34th Under § 320a, the following new § 320a and 320ab, including the title
added:
"Disability mandatory participation in a limited liability company,
in cooperative partners and limited partners in a limited partnership
§ 320A
(1) of Regulation enforcement court forbids
A) the debtor transferred his share of the limited partner in a limited partnership
business share in a limited liability company or a member
rights and obligations of the cooperative (hereinafter referred to as "share") or to burden him and
B) the competent authority limited companies, limited liability companies or cooperative
grant compulsory to transfer or load
share agreement, if it is needed.
(2) Limited partnerships, limited liability companies or cooperative
shall be served personally.
§ 320ab
(1) If the proportion of freely transferable, are being sold legally able
writ of enforcement at auction. The Court proceeds
adequately according to § 328b, 330a. If a share in the cooperative linked
right to use the apartment, the procedure after the ruling pursuant to § 320a
reasonably court under § 336 to 337h; auction decree and the court will send a team.
If a share in the cooperative right to use the apartment and closure
lease contract with a team member must be a legal act of a third party
considers this proportion for non-transferable.
(2) For purposes of determining the price puts on a court expert; for this purpose
company or cooperative required to provide the court and experts
information needed to determine the share price.
(3) The auction decree the court delivers a commercial company or cooperative.
(4) participates in an auction if the other partner or member of the team and do the
with other bidders to equal the highest bid, grant him hammering.
(5) The auction may sell its stake, which is freely transferable. In this case
hammering may be granted only to those who before the auction
proves that meets the requirements set by law, social contract or statutes
for the acquisition.
(6) Effects award hammering by special legislation. Granting
hammer to notify the commercial registry and trading company,
or cooperative.
(7) If it fails to sell a stake or in a repeated auction, inform the court of
without undue delay to a limited company, a limited liability company or
team.
(8) If it fails to sell a stake or in a repeated auction or unless
share transferable affects the enforcement of the decision claim the right to
settlement amount. On enforcement of decisions affecting receivable compulsory
to the right of settlement amount shall apply mutatis mutandis to § 312 paragraph.
3 and § 313 to 316. ".
35th In the sixth head of the fourth, including the title reads:
"CHAPTER FOUR
Realty Management
Regulation enforcement
§ 320b
(1) Enforcement Administration of property may be imposed only when authorized
marks property or a collection, the administration proposes
and if it can prove that the property or the file is owned
mandatory. The fact that a petition for writ of enforcement
property management, land registry office shall inform the court in whose district the property is located
.
(2) Proposal for further regulation on legitimate enforcement administration
same property before a competent court before the court finally ruled
writ of execution, be deemed to apply to
management, from the on submission of the proposal. Proposal for further authorized that
nepříslušného be filed with the court, the court shall refer the decision without
competent court; in this case the proposal is deemed to apply to
control from the date of receiving the proposal to the competent court. Another legitimate
must accept the case, which is on its accession.
§ 320c
For regulation enforcement property management is critical
state at the time of initiation.
§ 320d
The writ of execution by the court mandatory
A) prohibit that after service of the order transferring the property to someone else, or it
encumbered,
B) a ban on accepting rewards or benefits yielded from property
C) orders that within 15 days from receipt of order whether he was and who
property uses, whether someone has entered into a lease agreement for the property
or part thereof, whether the property is burdened by the easement and to whom | || such a right to testify
D) commands that within 15 days of receipt resolution to how and by whom
secure supply of services related to the use and management of real estate and
whether, by whom and to what extent the property is insured,
E) orders that within 15 days from receipt of order said that the real estate
regarding litigation or other proceedings, and
F) commands to enable the court at any time to inspect the accounting records
contracts and other documents related to real estate without limitation
enter any premises.
§ 320e
Writ of execution decision to the court authorized, those who
joined the proceedings as further permission, compulsory, mandatory
husband and relevant cadastral office in whose district the
property which is the subject enforcement.
Property Management
§ 320f
(1) Property management exercises judgment. Individual tasks can be based on the credentials
judge to perform bailiff or other court employee.
If required by the nature of the property, the court shall appoint an administrator. Provisions
§ 338i to 338 l shall apply mutatis mutandis.
(2) Submission of a proposal to initiate administrative or judicial proceedings relating to the property
and acts pertaining to such proceedings, compulsory carried
instead of mandatory court. Legal acts relating to real estate
done instead of mandatory court.
(3) The court shall take appropriate measures to make the property was properly and successfully
economically used, in particular commands debtor mandatory that benefits arising from the real estate
wrote to the designated account, and forbids him to the || | to provide compulsory, he carried them set off or otherwise dispose
.
(4) instead of mandatory court confirms the fulfillment of the debt.
(5) If benefits under paragraph 3 in cash, surrendered to the tribunal,
to take care of their liquidation auction according to § 328b, 330a.
§ 320 g
(1) Regulation property management does not affect the lease agreement on the property
. However, the court may terminate a contract under the conditions laid down
law, this contract or other agreement with the tenant and other
negotiate a lease.
(2) The court may terminate or otherwise terminate and enter into new contracts, which are secured
delivery of services related to the use and administration
real estate and insurance contracts under the conditions provided by law, these
Treaties or agreements with suppliers of these services. It may also seek
vacate the property, easements termination or cancellation of other relationships
on the basis of the property's use, under the conditions set
special law, these contracts or agreements with participants in these
relations.
§ 320H
(1) Revenues, which the court awarded property management, after deducting expenses
surrendered to the creditor to satisfy his recovery.
(2) Expenditures pursuant to paragraph 1 shall be paid in the following order:
A) the costs of property management,
B) transactions arising from insurance contracts and contracts which are
secure supply of services related to the use and administration of the estate
C) the cost of maintenance and necessary repairs estate
D) costs related to real estate,
E) tax on real estate for the time it takes to property management.
(3) payment of yield management gives legitimate court every three months,
unless they agree to a longer period.
§ 320i
Other performances decisions
(1) Regulation enforcement property management preclude
regarding the property was ordered enforcement of the decision to sell it. Managing
property ends on the ruling by drilling and paying
highest bid or the date of the decision on předražku and
paying předražku.
(2) Regulation enforcement property management prevents
was enacted, and enforcement of the judgment Commandments
other monetary claim if such claim is revenue management
property. Already mandated court suspends performance.
Authorization of these performances are in control of the performance of property management position further
authorized. To order the decisive day, receiving the proposal.
So far unpaid claims from these performances are required poddlužníci
before the courts.
§ 320j
Managing ownership interest in real estate
(1) The enforcement is managing ownership interest in real estate
enjoy the provisions on enforcement property management.
(2) The writ of enforcement
managing co-ownership interests in real property shall be delivered and co-owners.
(3) revenues, which the court awarded property management, after deducting
expenses divided by the amount of his or her share of the share
attributable to mandatory pays the costs and the remaining part
income surrenders entitled to satisfaction of his recovery.
(4) If proposed court other co-owners, the court may exercise
management of the property. ".
36th In § 322 at the end of paragraph 2 is replaced by a comma and a letter
e), added:
"E) animals in which the economic effect is not the main purpose of breeding and
which serves man as his companion.".
37th In § 324, the words "which the performer writes" replaced
"conceived in the inventory."
38th Above § 325, the following headline that reads: "The inventory on the spot."
39th In § 325b, paragraph 3 shall be added:
"(3) At the request of a person who is entitled to be present when the inventory is
record the information during the tour of the apartment and other rooms. If
necessary, you can record purchase during the tour even without a petition. The fact
must be instructed those present at the start of the tour. ".
40th In § 326 paragraph. 5, the words "certificates of deposit" are deleted.
41st In § 326, paragraphs 10 to 12 are added:
"(10) From an inventory to eliminate things for which it will propose mandatory and
justified the exclusion of consent.
(11) If the court finds probable assertion persons present during the inventory,
thing that is owned by a third party, that third party shall promptly notify in writing the
to perform inventory and learn it the right to submit a proposal
under § 267.
(12) The application of the person who says that the thing conceived in the inventory is in her
property, the court shall communicate the information necessary to exercise the rights under § 267. ".
42nd Under § 327, the following new § 327a and 327b, which including the title
added:
"Other inventory
§ 327a
(1) If a compulsory indication of the things I know from a register established by law
or other records kept in accordance with the law, holds such a thing to
list entry in the log.
(2) to make an inventory of the court shall promptly notify the person or body
Keep a register or other records. If possible the person or body
in the register (registration) record on the census. PERFORMANCE SPECIFICATIONS
inventory kept by the person or body for the duration exercise
decision.
(3) After the final writ of enforcement is mandatory
invited to things like this written immediately handed the court.
§ 327b
(1) The court shall proceed in accordance with § 327a, if he knows that a mandatory
is entitled to dispose of the deposit on passbook.
(2) Notice on the concept of the inventory court sends financial institution
into their own hands and instruct him that mandatory from the moment the inventory
not with this passbook deal.
(3), the Court will encourage the debtor to his passbook promptly submitted.
Failure to do so no later than force a writ of execution
decision, the court shall submit a proposal for its redemption. ".
43rd Above § 328, the following headline that reads: "Additional sales
chattels".
44th In § 328b paragraph. 3, the last sentence is replaced by the sentences "The auction
court orders for at least 30 days after the date of the auction notice, but not earlier than
30 days of receipt of notification of a census under § 326, paragraph
. 11. A auction notice is not appealable. ".
45th In § 328b paragraph. 4 at the beginning of the letter a) the word "date".
46th In § 328b, the following paragraph 6 is added:
"(6) If it is found that the application was lodged to the exclusion of things sold
enforcement (§ 267), the court shall adjourn the auction this matter until
final decision on the action.".
47th In § 329 at the end of the Subsection 1, the sentence "Before the auction
auctioneer is obliged to prove their identity. The name, permanent residence and
court date of birth recorded in the minutes of an auction. ".
48th In § 329 paragraph 3 reads:
"(3) The court shall grant the knock bidder who makes the highest bid. It did
If multiple bidders same highest bid, the court granted
hammering the first person having the right of first refusal. Unless hammering so
awarded, grants him bidder, which was determined by lot.
Bidder must pay the highest bid without undue delay; failing that, to auction
a thing without his participation again. ".
49th In § 329, paragraph 8 shall be added:
"(8) If the successful bidder does not accept the auctioned items within 1 month after the replenishment
highest bid, the court shall proceed in accordance with § 330 paragraph. 2 and 3.".
50th In § 330 paragraph. 5, the words "period pursuant to § 185 g paragraph. 1 begins"
replaced by "the deadline is 1 year and begin."
51st In § 330 at the end of paragraph 5 sentence "If it happens, the case
over time apparently useless, the court pursuant to § 341 paragraph. 4. '.
52nd Under § 330, the following new § 330a, which reads:
"§ 330a
(1) The auction can also be done electronically using the Internet.
(2) The auction notice court sets
A) the method of registration of bidders and the way they are obliged auctioneers
disclose their name, permanent address, social security number, and if not
allocated, date of birth,
B) the method of reporting on the progress at an auction or a link to the internet
pages on which this procedure is published
C) the address of the website where the auction will take place and where the
public auction monitor
D) the date and time of commencement and completion of the auction, during which it could raise
filing
E) the manner and timing in which the bidder must pay the highest
administration; deadline for payment or replenishment of the highest bid can not be
longer than 10 days from the granting of the hammer,
F) information about when and where the highest bid after the replenishment can take
auctioned items,
G) the date of submission of claims,
H) the date of exercise of the subscription rights and the method of notification of the decision, whether a pre-emption right
proved
I) the method of publication of information on impact.
(3) made when multiple bidders same highest bid, the court granted
hammering the first bidder, which suggests pre-emption right. Unless
hammering so awarded, grants him bidder who made the filing as
first. The provisions of § 329 paragraph. 3 does not apply.
(4) auction conducted electronically applies similarly to § 328b
up to 330. ".
53rd In § 331 paragraph. 1 and 2, the words "cost of sales" the words "
, possibly after deduction of value added tax if it is compulsory payer
Value added tax and if the auctioned item in the commercial property
mandatory ".
54th In § 334 paragraph. 1 the words "certificate of deposit or other similar
Her form of deposit" are deleted.
55th In § 335b paragraph. 1 point. b) the words "pre-emption"
inserted the words "the right of easement or lease rights".
56th In § 335b after paragraph 2 the following paragraph 3 is added:
"(3) If the enforcement is unregistered estate in land
estate, the court shall order its common name, or
additional data relating to real estate, and marks the land on which or under || | which the property is located. ".
Existing paragraph 3 shall be renumbered 4.
57th In § 335b, the following paragraph 5 is added:
"(5) If enforcement is stopped, the court shall notify
legally able to order the land registry office.".
'58. § 336 to 336B added:
"§ 336
(1) After the ruling writ of execution
court shall appoint an expert, which saves to appreciate the building and its equipment cost
usual.
(2) If necessary, carry out the court examination of the property and its
accessories. About the time and place of the inspection, the court shall notify the creditor, those
who joined the proceedings as additional permissions, statutory and experts.
Compulsory, or other persons are obliged to allow the inspection
property and its accessories required to perform the valuation.
(3) does not make it if the mandatory inspection of the property and can not without examination
determine the price, the court is entitled to enter the property
mandatory approach.
(4) If the property and its accessories were previously valued
manner specified in paragraphs 1 and 2, and if the changed circumstances
decisive for valuation, the court may refrain from revaluation.
§ 336a
(1) According to the results of the appraisal and examination performed in accordance with § 336 of the court shall determine
A) property that performance relates
B) Completing the property, which relates to performance,
C) the final price for the property and its accessories, which power
concerned
D) the court known easements and lease rights to sell at auction
extinguished.
(2) The court shall also decide on the termination of the lease or rights
easement if
A) is not provided rents in the usual place and time, or if
gross disproportion between the easement and the advantage of legal and
B) that law severely limits the ability to sell the property at auction.
(3) The resolution authorized the court delivers to those who came to control
as other privileges, compulsory and those whose rights and obligations
court ruled in paragraph 2. The meeting is not necessary
ordered.
(4) The court changes the order of price, it was not delivered an auction decree
if it significantly changed circumstances determining the valuation of the property and its accessories
.
§ 336B
(1) Enforcement shall be auctioned by the court orders after the legal power
resolution pursuant to § 336a.
(2) The court shall auction notice
) The date, time and place of the auction hearing (§ 336D)
B) identification of the property and its accessories [§ 336a paragraph. 1 point. a)
b)]
C) serial number of the auction hearing
D) the resulting price [§ 336a paragraph. 1 point. c)]
E) the amount of the lowest bid (§ 336E par. 1),
F) the amount of the security and the method of payment (§ 336E paragraph. 2) or
communication that does not require payment of a security,
G) easements and lease rights to sell the property at auction
extinguished [§ 336a paragraph. 1 point. d)]
H) the conditions under which a bidder may take auctioned
property and which will become its owner (§ 336 liters paragraph. 1 and 2).
(3) The auction notice court invites
A) anyone who has a law that does not allow auction (§ 267) that is
asserted in court and that such application of the law demonstrated the latest before the start of the auction
negotiations, warning that otherwise his right
not in the enforcement disregarded,
B) anyone who has a property right to lease or easement
not registered in the Land Registry, which is not listed in the auction
decree, unless the tenant or beneficiary of the easement
housing that such a right the court said, and justify his deeds, otherwise
Such right shall lapse hammer.
(4) The court notifies the auction notice
a) legitimate, those who came into management as
Additional permissions, and other creditors of the debtor, that they may seek satisfaction
other enforceable claims or claims secured by a lien
than that for which it was enacted enforcement if
logs are the latest to launch negotiations auction and the application will contain
conditions under § 336f paragraph. 2 and 3, and the lesson that the applications for
in which the amount of the claim or its accessories will be listed
be discounted (§ 336f)
B) authorized, those who came to control as other privileges, and
other creditors and the debtor that may deny claims submitted as to their authenticity
, above, belonging to a group and order, not later
within 15 days of publication of the notice pursuant to § 336P paragraph. 1, or in the same
deadline to apply to the layout of the distributed nature was ordered
negotiations and instruct them that the objections and requests for meetings made
later be disregarded
C) an auctioneer if admits that the highest bid was retroactive payment
loan with a lien on the property auctioned,
D) persons who have pre-emptive rights to the property that it can be applied only
auction as bidders and awarding hammer
pre-emption right shall expire. ".
59th In § 336C paragraph. 1 point. a) the words "right, property right or lease
law" is replaced by "or pledge persons, which delivers
resolution pursuant to § 336a."
60th In § 336C paragraph. 3, the words "and the land registry office to
ordinance or its essential content published on its official board"
deleted.
61st In § 336C paragraph 5 reads:
"(5) The auction notice shall not be appealable.".
62nd In § 336E paragraph. 1, "[§ 336a paragraph. 1 point. d)] "are deleted.
63rd In § 336E, paragraph 2 reads:
"(2) The amount of the security court according to the circumstances of the case, however, the maximum
amount not exceeding three-quarters of the lowest bid.
Assurance can be paid either in cash to the cashier court does not exceed the amount
established as the highest for payment in cash
under special legislation, or payment on account court. For payment to the account of the court
be taken into account only if it was before the start of the auction dealings
found that the account of the trial came. ".
64th § 336f reads:
"§ 336f
(1) A creditor who has a claim secured by a lien on the property
or who has a claim against a debtor granted
decision, conciliation or other items specified in § 274 (
enforceable claim), it can do log management no later than the commencement of negotiations
auction.
(2) The application must contain
A) the amount of the claim and its appurtenances, whose satisfaction is mandatory
creditor seeks
B) quantification of the claim on the day of the auction,
C) an indication to what the group claims belong,
D) significant for the rank of the claim.
(3) The application under paragraph 2 shall be accompanied
papers proving that they are enforceable claim or a claim secured by a lien
unless those facts arise from the content
file.
(4) Late or incomplete applications court rejects the resolution;
against this resolution shall not be appealable.
(5) The creditor is obliged to notify the court of
changes concerning the application, which occurred after its delivery to the court. The absence of information
creditor is responsible for the damage caused thereby. ".
65th § 336 grams is repealed.
66th In § 336h paragraph. 2 "(§ 336E paragraph. 2)" is replaced by "
unless stated in the auction notice that a security
required".
67th In § 336h, the following paragraph 5 is added:
"(5) Before the auction the auctioneer is obliged to prove their identity
. Name, permanent address and date of birth Court
recorded in the minutes of an auction. ".
68th In § 336i, paragraph 2 reads:
"(2) After the opening auction hearing judge initially
A) decide whether the evidence pre-emptive rights (§ 336E par. 3),
B) announces that further easements and lease rights not specified in the auction notice
estate seriously and consider whether to conduct auction
Neodročí the decision pursuant to § 336a. ".
69th § 336j reads:
"§ 336j
(1) Hammer Action may be awarded to the person who made the highest bid and which are
other conditions stipulated by law. If you made more bidders
same highest bid, the court granted hammering the first person having the right of first refusal
. Unless hammering so awarded, grants him bidder,
which was determined by lot.
(2) Before issuing a hammer, the judge will ask the bidder if the highest
administration will pay the price through a loan.
(3) In its resolution on hammering court
A) set a deadline for payment of the highest bid, which begins on the day
legally drilling and must not be longer than two months, or
B) require the bidder to within 2 months from the coming into force by
contract under § 336 liters paragraph. 4 or so in this period suffered the highest
administration.
(4) The court, in its resolution of knocking in accordance with paragraph 3 saves mandatory that
auctioned property vacated no later than 15 days after the entry into force of a legal
or the replenishment of the highest bid, if occurred later, and
instruct participants about the possibility proceed under § 336ja paragraph. 1
quantifying what is the minimum předražek and they would have to be made.
(5) The highest bid will be counted declarer lodged.
(6) bidders which were not awarded hammering, returns paid certainty
after the auction action. ".
70th Under § 336j is inserted § 336ja, it added:
"§ 336ja
(1) Except for the persons mentioned in § 336h paragraph. 4, each within 15 days from the date of publication
resolution on hammering the court in writing to suggest that
auctioned wants to acquire property for an amount of at least one quarter higher
than the highest bid (předražek). The proposal must contain the particulars
according to § 42 and the signature must be officially verified. Proposals leads
court separately and included in the file until after the deadline in the first sentence
.
(2) předražku petitioner shall within the period specified in paragraph 1
předražek the account to pay the court. The provisions of § 336E paragraph. 2
apply mutatis mutandis. If not properly and timely předražek paid court to the draft
předražku disregarded.
(3) After the deadline under paragraph 1, the court will invite the successful bidder, to three days
announced that increases his highest bid to the highest amount
předražku. After the court issues a resolution on předražku in which the resolution on
knocking canceled and decide who is předražitelem and at what price
acquires the property.
(4) When done more předražků, property acquires whoever makes the highest
předražek, in the case of identical submissions bidder, then whoever
filed a motion first, then decides during negotiations lot.
(5) In its resolution on předražku court imposes a mandatory order
auctioned property vacated no later than 15 days from the coming into force
resolution. If the successful bidder increased its submission to the amount of the highest
předražku provides him equal time to the replenishment of the highest bid,
what was determined in the resolution on impact.
Resolution the court delivers to the creditor, the one who walked into the proceedings as further justified
mandatory, the successful bidder and all who have made předražek.
(6) Unsuccessful applicants with předražku the amount paid back after
legal force resolution of předražku.
(7) The appeal against the decision to předražku is regarded as
appeal filed against the decision to drill. ".
71st § 336K up to 336 meters added:
"§ 336K
(1) Resolution on hammering court delivers to the creditor, the one in control
came as another creditor, debtor and the bidder.
Resolution on percussion will be put up for 15 days on the official board of the court along with
login prompt lenders to within 15 days of its posting
quantify their claims at the date of the auction. In order
off hook on the official board of the court there are no data by which it is possible to identify
bidder.
(2) The decree granting the hammer may be filed only
persons referred to in paragraph 1, first sentence.
(3) Within 15 days of the auction hearing may appeal also
A) persons mentioned in § 336C paragraph. 1 point. a) which was not delivered
auction decree if this reason did not participate in the auction
hearing
B) the bidders who attended the auction of negotiations, if they consider
that during the auction were a diminution of their rights.
(4) The appellate court resolution of hammering changes so that the hammer does not
if the proceedings have been such defects that the appellant
unable to attend the auction, or if the hammer was awarded because when | || Regulation auction negotiations or the auction
violation of the law. For the same reasons, the appeals court changed a resolution on předražku.
Provisions of § 219a does not apply.
(5) Order of the Court of Appeals shall be delivered to the persons referred to in paragraphs 1 and 2
or persons referred to in § 336ja paragraph. 5. Where a resolution on the hammer
or předražku Court of Appeal changed, the court first
degrees auction new negotiations.
§ 336 l
(1) The purchaser is entitled to collect the auctioned property with accessory
day following the replenishment of the highest bid,
before the expiration of the deadline under § 336ja paragraph. 1; however, if
such proposal, property accessory can take
day following the date on which it was delivered předražiteli resolution on
předražku.
(2) The successful bidder becomes the owner of the property auctioned
accessories, took the decree on percussion force and paid
If the highest bid and the date of the resolution on impact.
Předražitel to become a property owner with accessories, became the decree on
předražku force and předražek been paid, and the date of its issuance
.
(3) The Supreme filing or předražek can be paid either in cash into the coffers
court does not exceed the amount determined as the highest
for payment in cash under a special law, or payment to the account of the court
. The obligation to pay the highest bidder
administration is relieved to not more than two thirds of the highest bid, if
can be reasonably assumed that such amount will satisfy his
claims submitted in the schedule.
(4) The court shall establish a lien on the property auctioned in favor
lender of the loan contract if the bidder shall submit to the court an agreement
loan, which
A) loan will be earmarked only for the payment of the highest bid,
B) loan will be paid to the court within a period not later than two months after the deadline
according to § 336j paragraph. 3 point. b)
C) loan was granted creditor, which may in the Czech Republic
conduct activities under the Banking Act.
Court cancels the lien expires, if the time limit for filing additional payment Supreme
vain. Against this order is not appealable and delivers
only bidder.
(5) Easements and lease rights, unless the tenancy or material
burden of housing, not included in the auction notice or court of
not announced after the start of the auction negotiation and pre-emption rights to the property auctioned
will expire, which became the successful bidder or předražitel
its owner.
(6) Bidder or předražitel, who did not become the owner of the property auctioned
is obliged to return it mandatory, give him benefits and replace
damage he had caused in the management of real estate and its
accessories.
(7) Based on the final resolution of the hammer, or final
resolution on předražku may bidder or předražitel
file a petition for enforcement of the decision vacating the property.
§ 336 meters
(1) If during the auction made even the lowest bid, auction
court hearing ends. Another auction hearing, the court shall order the proposal
authorized or whoever stepped into the proceedings as further justified
which can be submitted at the earliest after 3 months of unsuccessful auctions;
if no application is submitted within one year, the court stops execution of the decision.
(2) the bidder failed to pay the highest bid in an additional period
resolution by the court determine and which may not be longer than one month,
resolution on the hammer with the expiry of the additional period repealed and court || | orders auction next meeting. Ordered by a court even if
bidder failed to submit the loan contract, the highest bid was not
retroactive payment within the period specified in § 336 liters paragraph. 4 or paid within the prescribed period
předražek.
(3) During the second auction hearing pursuant to paragraphs 1 and 2, the lowest
submissions set at 50% of the final price (§ 336a par. 1);
third auction hearing is 40% of the final price in the fourth and 30% in the fifth auction
conduct 25% of the final price. If it fails to sell property
Even after the court stops the proceedings.
(4) The Regulation, and additional auction shall apply mutatis mutandis the provisions of § 336B
paragraph. 2 and § 336B paragraph. 4 point. c) § 336C with the exception of paragraph 1
point. b) and c), § 336D, 336E § paragraph. 2, § 336h, 336i § paragraph. 3 and 4, §
336j up to 336 liters, § 336n and 336o. ".
72nd § 336o reads:
"§ 336o
(1) The auction can also be done electronically using the Internet.
(2) The auction notice court sets
A) the method of registration of bidders and the way they are obliged auctioneers
disclose your name, surname, address, social security number, and if not
allocated, date of birth,
B) the method of reporting on the progress at an auction or a link to the internet
pages on which this procedure is published
C) the address of the website where the auction will take place and where the
public auction monitor
D) the date and time of commencement and completion of the auction, during which it could raise
filing
E) the date by which the bidder must disclose whether the highest bid
pay the loan with a lien to the property auctioned,
F) date of submission of claims,
G) filing deadline for proving exclusionary action
H) the date of exercise of the subscription rights and the method of notification of the decision, whether a pre-emption right
proved.
(3) made when multiple bidders same highest bid, the court granted
hammering the first bidder, which suggests pre-emption right. Unless
hammering so awarded, grants him bidder who made the filing as
first. The provisions of § 336j paragraph. 1 second sentence shall not apply.
(4) auction conducted electronically applies similarly to § 336B
to 336n. ".
73rd Under § 336o following new § 336P and 336q are added:
"§ 336P
(1) Within 7 days from the date of the first auction court official
board also published a notice of registered claims, of which the court decides
schedule, including communication creditors on their inclusion in the group
and the order in this group. The notice shall also state the application which
were rejected, and the reason for that to happen. The notice will instruct
filed a creditor under § 336B paragraph. 4 point. b) and obligations under
§ 336f paragraph. 5th
(2) If the court to the publication of yet ruled on some
application under § 336f paragraph. 4 indicate this fact in the notice
separately. If the application claims then rejected, the court will send
creditor, debtor and all registered creditors, whose claims court decides
schedule, additional notice to discuss
such claims, and instruct them that not later than 15 days of receipt of the notice
may deny a claim as to its authenticity, above, inclusion
group and the order or ask the layout of the distributed nature
a hearing, that the objections or requests
hearing made later disregarded.
§ 336q
(1) If by at least one creditor or authorized or
mandatory under § 336B paragraph. 4 point. b) or § 336P paragraph. 2, the court
after the ruling on knocking, paying the highest bid or
předražku bidder, the ruling on předražku and the expiry of the deadline under §
336P negotiations on a schedule distributed nature .
(2) The Court will schedule a hearing and distributed nature
decide on the distribution of the proposal also tax administrator. Distribution nature
makes tax administrator, who submitted the petition after the ruling issued by the court of
.
(3) the trial schedule summon the parties, which are justified
whoever stepped into the proceedings as further justified, mandatory and people
who submitted an application unless the application was rejected (§ | || 336f par. 3).
(4) The summons to the distribution schedule meetings will also be posted on the official board
court. ".
74th § 337 reads:
"§ 337
(1) Unless a hearing on the timetable under § 336q paragraph. 1, the court
allocates channeling the essence according to § 337C.
(2) The provisions of § 336q paragraph. 2 shall apply mutatis mutandis.
(3) The participants schedule are legitimate, whoever stepped into management
as more legitimate, obligatory and those who submitted an application unless
if their application has been rejected (§ 336f par. 4). " .
75th At the end of the text of § 337a, the words ", or after deduction
Value added tax if it is compulsory payer of value added tax and
if it was auctioned property in the business assets of the debtor. "
76th § 337b shall be repealed.
77th In § 337C Subsection 1 reads:
"(1) of the distributed nature to satisfy successively by the following groups:
A) claims costs incurred by the State in this proceeding,
B) receivables from mortgage loans or portions of these receivables
used to cover the nominal value of mortgage bonds,
C) legitimate claim, the claim of one who came to control
as more legitimate and debt secured by a lien or security transfer
rights
D) debt arrears of maintenance
E) receivables of taxes and fees, insurance premiums for public health
insurance and social security premiums, contributions to the state employment policy
, accident insurance premiums,
F) other claims. ".
78th In § 337C Subsection 1 reads:
"(1) of the distributed nature to satisfy successively by the following groups:
A) claims costs incurred by the State in this proceeding,
B) receivables from mortgage loans or portions of these receivables
used to cover the nominal value of mortgage bonds,
C) legitimate claim, the claim of one who came to control
as more legitimate and debt secured by a lien or security transfer
rights
D) debt arrears of maintenance
E) receivables of taxes and fees, insurance premiums for public health
insurance and social security contributions,
F) other claims. ".
79th In § 337C paragraph. 5 at the end of subparagraph d) replaces the comma and full stop
letters e) and f) shall be deleted.
80th § 337E reads:
"§ 337E
(1) The distribution schedule court shall also decide on claims which were contradicted
as to the authenticity, above, belonging to a group or ranking if
can be decided without the taking of evidence; It does not apply to claims for which
or in part by groups or by the order of payment does not seem
distributed nature.
(2) Other creditors court invites, within 30 days from the legal force of the resolution
filed a motion pursuant to § 267a paragraph. 1, if at
contested claim seems at least in part payment of the distributed nature;
About the amount attributable to the disputed claims court decides so, it will
discussed later.
(3) The objections which have been raised in a timely manner in accordance with paragraph 2
disregarded; about this consequence must be instructed all who were invited
bring an action under § 267a paragraph. 1st
(4) The application pursuant to § 267a paragraph. 1 can be applied
new reality. ".
81st In § 337F paragraph. 1, "orders a hearing on schedule '
replace the words" continues the division. "
82nd In § 337F at the beginning of paragraph 2, the following sentence "If it has to lay
essence of a hearing, the court hearing as well as the rest of the division
distributed nature.".
83rd § 337 g and 337h added:
"§ 337 g
(1) The distribution schedule court admits debts to their creditors and
indicate that the reported claims after the ruling worthwhile. For
claims the Purchaser shall indicate the extent to which it pays and to what extent it
offset against the supreme administration.
(2) The court shall amend the resolution on the schedule, which come into force if
after his release made a creditor notification pursuant to § 336f paragraph. 5th
§ 337h
(1) The effective date of the resolution to distribute expire
liens encumbering the property; paragraph of § 336 l. 4 is not affected.
(2) After the legal force of the resolution on the court shall notify the competent
land registry office, the successful bidder or předražitele about that pledge
rights encumbering the property destroyed, and acting against the bidder.
(3) After issuing a resolution on the hammer or resolution on předražku
not stop the execution. Participants schedule may
for reasons specified in § 268 deny a legitimate claim or another authorized
. ".
84th In the sixth title in Chapter Seven, the word 'sale' is replaced
word "disability".
85th In § 338f paragraph. 1 and 2, first sentence, § 338 g paragraph. 1, § 338k paragraph. 1, §
338zn paragraph. 3, § 338zo paragraph. 1, § 338zp paragraph. 1 and § 338zq paragraph. 1 and 2
word 'sale' is replaced by the word "disability".
86th In § 338f paragraph. 1, the word 'sale' is replaced by the word "disability".
87th In § 338i paragraph. 5, second sentence, § 338n paragraph. 6 and § 338 watts paragraph. 3
word "sales" is replaced by "enforcement".
88th In § 338k paragraph. 1, first sentence, the word "sold" is replaced by
"victim".
89th In § 338 liters paragraph 2 deleted.
Former paragraphs 3 and 4 become paragraphs 2 and 3
90th § 338 meters added:
"§ 338 meters
(1) After the final writ of execution by the court administrators
stores that
A) ascertained on the basis of data in the accounting records of the company, what kind of things
rights and other assets and liabilities which are used to operate
enterprise or due to their nature they serve this purpose;
Not allow administrators if the mandatory properly inspect the accounting records, court administrators
procures its proposal access to these records, in
justified cases and with the cooperation of the authorities or judicial guards
Police of the Czech Republic,
B) find out what are the revenues and expenses of the company,
C) carried out an inventory of assets, rights and other assets and liabilities of
which he was able to determine that used to operate a business or
due to their nature they serve this purpose if it is not possible | || necessary data to determine the procedure under a).
(2) Based on the findings referred to in paragraph 1, the administrator within the deadline set by the court
preliminary report on whether to satisfy the enforced
assets is preferable to venture further manage or sell.
(3) A copy of the preliminary report, the court delivers to the creditor, who provided
management came as other privileges, and mandatory and allow them to
to the contents of the report within a reasonable time expressed. The opposition mandatory
relating to inventory assets, rights and other assets that
manager has not cooperate pursuant to paragraph 1. c) shall be disregarded.
(4) The court may impose administrators to report additional information or to submit a court of
necessary explanations. To clarify the relevant facts can also
carry out the necessary investigations. ".
91st Under § 338 meters following new § 338 mA and 338 megabytes, which including the title
added:
"§ 338 mA
(1) Based on the findings in accordance with § 338 meters or other decisive factors,
which he finds himself, and after hearing the persons mentioned in paragraph § 338 meters. 3
court decides whether enforcement of the decision to continue managing the company || | or be dictated by its sale at auction.
(2) If the court decides to continue the enforcement administration of the company,
store managers to mining administration paid the beneficiary or to the person who
into management came as more legitimate, every three months, agree
if a longer period of time. § 320H provisions shall apply mutatis mutandis.
Sale of Business
§ 338 megabytes
(1) After the ruling under § 338 mA, which was enacted
enterprise sales at auction, the court imposes administrators to report on the cost of the company,
they found, based on data in accordance with § 338 meters or other
decisive aspects, and on the basis of an expert valuation, which the administrator with the consent of the court
gained.
(2) When valuing the company used the usual price.
(3) Unless the court otherwise, administrator of the report on the price of the company stating
A) those things, rights and other assets belonging to the company and what they have
price
B) how does the enterprise funds in cash and deposited on
bank accounts in the currency of the Czech Republic,
C) what obligations pertain to the business and what they're worth,
D) those debts belong to the company and how many totals,
E) what is the net worth of the company.
(4) To report to the administrator about the price of the company shall apply mutatis mutandis § 338 meters paragraph. 3 and 4
. ".
92nd In § 338n paragraph. 1 introductory part, the words "or
finding under § 338 meters paragraph. 5" are deleted.
93rd In § 338zd after paragraph 1 new paragraphs 2 and 3, which
added:
"(2) Each of creditors, which is present conduct is required
quantify its claim and its accessories at the date of the distribution schedule meetings and
indicate to which group they belong and significant for its order.
Claims of other creditors and their accessories quantify the date
distribution schedule meetings and their group and order state court
according to data contained in the file. After the end of a distribution of negotiations can not take into account that part
claims and their accessories, which have not been quantified.
(3) Each participant schedule can deny denominated receivables
as to their authenticity, above, belonging to a group and order. The opposition parties, which
distribution schedule for negotiations remain to be discounted, unless
were claimed and demonstrated before the hearing. ".
Existing paragraph 2 shall be renumbered 4.
94th In § 338zd paragraph. 4, the words "provisions of § 337b paragraph. 2 and 3 shall apply mutatis mutandis
; receivable "is replaced by" Debtors ".
95th In § 338ze paragraph. 1 point. a) the word "sales" is deleted.
96th In § 338zn paragraph. 1 and 2, first sentence, the words "sale of business"
replaced by "disability business".
97th In the heading of § 338zp and 338zq the word "Sale" is replaced by
"Disability".
98th In § 338zq paragraph. 1, 3 and 5, the word "co-owner" is replaced by
"co-owner".
99th In § 338zq paragraph. 2, "co-owner" is replaced by
"stakeholder".
100th In § 338zq paragraph. 2 and 6, the word "co-owner" is replaced by
"co-owner" and in paragraph 7, the word "co-owner" is replaced by
"venturers".
One hundred and first In § 338zq paragraph. 4 the word "co-owners"
replaced by the word "stakeholder".
102nd In § 341 a paragraph 4, which, including footnotes.
102 reads:
"(4) The procedure pursuant to paragraph 3 shall not apply in the case of thing
apparently worthless. In this case the court seized document and directs its
destruction. The destruction of things notify compulsory at least five days in advance before
it occurs. Destroying things is done so that it passes to the court
recovery or disposal or forward it to a person authorized to collect or purchase
waste by special legislation, 102).
102) The Act no. 185/2001 Coll., On waste and amending certain other
Acts, as amended. ".
Art. II
Transitional provisions
First Proceedings commenced before the effective date of this Act shall be completed
under the existing legislation.
Second Enforcement proceedings which commenced before the effective date
force of this Act and that under § 251 of the Act no. 99/1963 Coll., As amended
effective from the date of entry into force of this Act, do not fall after the date
commencement of this Act to the jurisdiction of the court, the court allocates
evenly between bailiffs who were appointed to the circuit
and inform the relevant legal and bailiff. Unless
to the circuit court named no executor, the court proceedings allocates
evenly between bailiffs who were appointed to the circuit court
which shares a border with this circuit and which belongs to the same circuit
regional court.
Third After the legal force of a writ of execution, the court shall
bailiffs, among the things that have been laid out, the competent judicial
writings. The date when the court passes a bailiff court file, the procedure for enforcement
continues at the bailiff's execution
management.
Fourth Creditor may within 2 months of submission of the case file to file for
stop execution without reason; this proposal bailiff
suit. In this case, the bailiff is not entitled to reimbursement
execution and enforcement proceedings, participants are not entitled to reimbursement.
Fifth Creditor may within 2 months of submission of the case file without stating reasons
ask the court to change the execution executor; court on this proposal
decision.
6th Effects of commencement of enforcement proceedings and actions that it
execute judgment remain. Court bailiff is not bound by the proposal
authorized to how enforcement is to be maintained. Court
fee paid before the effective date of this Act
refunded; unless the execution is stopped in point 4, are reduced by the amount paid for this
charge the costs of enforcement. The court does not order execution and
authorizes the bailiff to its implementation.
7th Court bailiff sends a mandatory challenge to meet the enforced obligation
according to § 46 para. 6 of the Act no. 120/2001 Coll., As amended, effective from the date of
entry into force of this Act. After the lapse of time according to § 46 paragraph
. 6 of the Act no. 120/2001 Coll., As amended, effective from the date of entry into force of this Act
, perform bailiff execution according to Law No.
. 120/2001 Coll., As amended, effective from the date of entry into force of this Act
.
8th The transmission of files writes the presiding judge and bailiff protocol
which promptly published on the official board of the court
on the notice board of the bailiff and the websites
Chamber of Executors of the Czech Republic. The certificate shall state the reference number
court, names of the parties, the bailiff, who took over the file, and the date when the takeover
file occurred.
9th Starting the authorization under which the proposal was stopped
execution pursuant to paragraph 4, enforcement proceedings under administrative or tax code
within 6 months from the date of the decision to stop the execution under point 4, is not running for this time
a period in which the execution administrative authority to order the execution
under § 108 paragraph. 4 of the administrative Code, and the deadline for payment of tax under §
160 of the tax Code.
10th Entries executor according to § 78 point. a) Act no. 120/2001 Coll., as amended
effective date of this Act, which was drafted
until the effective date of this Act, are Enforceable
decision under § 251 of Act No. . 99/1963 Coll., as amended, effective from the date of
entry into force of this law, even after the effective date of this Act
.
PART TWO
Change Enforcement Regulations
Art. III
Act no. 120/2001 Coll., On Court Executors and Execution
(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. 257/2004 Coll., Act no. 284/2004 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. 133/2006 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 Coll.
Act no. 301/2008 Coll., Act no. 7/2009 Coll., Act no. 41/2009 Coll. ,
Act no. 183/2009 Coll., Act no. 227/2009 Coll., Act no. 281/2009 Coll.
Act no. 285/2009 Coll., Act no. 286/2009 Coll ., Act no. 409/2010 Coll.
Act no. 188/2011 Coll. and Act no. 428/2011 Coll., is amended as follows:
First In § 2, the current text becomes paragraph 1 and the following
paragraph 2, which reads:
"(2) The executor is obliged to exercise his profession conscientiously and in his
performance and civic life to refrain from anything that could undermine the dignity of the bailiff profession
or endanger trust in an independent, impartial and
righteous execution activities. ".
Second In § 3 para. 2, the second sentence is replaced by the phrase "The executor may
perform for a fee, scientific, publishing, teaching, interpreting
, expert, and artistic activities in the advisory bodies
government ministries, other central government authorities and
local authorities. ".
Third Under § 3, the following new § 4, which reads:
"§ 4
(1) The executor is obliged course of execution and other activities
use the designation "bailiff." The designation "bailiff" or
"executor office", derived from the shapes of words or signs are capable
cause a likelihood of confusion with those signs are not authorized to use
another person.
(2) A person who does not based on the law enforcement execution
titles, is not entitled to mark its activity as "exercise judgment"
"execution" or "Enforcement activity" word forms derived from them,
no indication of giving rise to a likelihood of confusion with those signs. ".
Fourth In § 7 para. 6 the words "district court, which appointed executor
via execution" are replaced by "the court having jurisdiction under § 45 (
hereinafter referred to as" execution court ")".
Fifth In § 7 para. 6 the second sentence, the following sentence "The chairman of the district court of
performs state supervision on the basis of written complaints
legal or natural persons.".
6th In § 8 letter a) reads:
'A) and refers to the proposal of the Chamber appoints executors. "
7th In § 8, at the end of the text of letter e) the words "under the conditions
specified in § 10 paragraph. 2 and submitted a proposal to the members of the selection committee
according to § 115a paragraph. 1".
8th In § 9 par. 1, letter b), including footnotes Nos. 28 and 29 reads:
"B) holds degrees in law
First Graduate study program law and jurisprudence
studying at a university in the Czech Republic ^ 28), or
Second studying at a university abroad, if such education
Czech Republic recognized as equivalent to the training specified in Section 1
on the basis of an international treaty by which the Czech Republic is bound, or
if such education was recognized by a special legal regulation
^ 29), while those education corresponds to the content and scope
general education that can be obtained in the Master's program
law and jurisprudence in the field of law at a university in the Czech Republic
28) § 46 of Act no. 111/1998 Coll., On universities and on changes and amendments to other laws
(Universities Act), as amended
regulations.
29) § 89 of Act no. 111/1998 Coll. ".
9th § 10 reads:
"§ 10
(1) Executor shall appoint to the executor Office Minister at the request of the Chamber
within one month from receipt of the proposal of the Chamber for the appointment of an executor, within
seat of the district court. Proposal for appointment of an executor is served on a tender
Chamber within 1 month of the completion of the selection procedure
. The selection procedure is completed a decision of the Presidium of the Chamber
about which candidate to the tender ranked first
or which candidates to succeed so that they meet the conditions of their appointment
.
(2) The Chamber held a tender no later than one month after the release
executor office or, in the case of increasing the number of bailiff offices
within 1 month after the Chamber learns about increasing the number of bailiff | || authorities. If the Chamber does not give the minister a proposal to appoint an executor
1 month after completion of the tender or tender
not take place within the prescribed period, the minister will announce a tender on the basis
appoint an executor without this proposal.
(3) The tender may register within the deadline set by the Chamber
anyone who qualifies under § 9. ".
10th In § 14 para. 1, second sentence, the words "after consultation with the Chamber '
replaced by" with the prior consent of the Chamber. "
11th § 15 reads:
"§ 15
(1) Power executor office expires
A) death executor
B) a statement executor dead,
C) citing the executor
D) loss of citizenship of the Czech Republic,
E) if the executor deprived of legal capacity or
been restricted,
F) the date of the decision imposing a disciplinary measure
appeal of executor office,
G) the effective date of the court decision was executor saved
disqualification bailiff or executor
who have been sentenced to an unconditional imprisonment
H) the expiry of six calendar months following the month in which the
Ministry received a request for termination of the executor executor
office.
(2) The Minister executor appeals
A) if the executor was convicted of a deliberate criminal act or
for a crime committed in connection with the execution of activities
B) if the executor fails to submit to the Chamber a copy or a certified copy
contract of insurance covering his liability for damages within 30 days after its appointment
executor or terminates its liability for damages and executor
it to 30 days does not recover,
C) if the executor within three months after taking the oath without good reason
open at the headquarters executor office to which he was appointed,
office and will not be ready to carry out enforcement activities
D) if the court at the proposal of the Ministry decided that the executor
due to his health condition is not due for at least 1 year carry
execution activities.
(3) Performance executor office suspended the day of delivery
decision on his appeal.
(4) immediately if the Chamber about the reason for the appeal pursuant to paragraph 2
is obliged to immediately notify the ministry.
(5) A bailiff appointed to the executor office, whose performance has expired
takes writings of executor office and carried out further execution and
further action. Participants of enforcement proceedings and inform the authorized
learns that he can request a change executor. Executor, who disappeared
performance executor office, ensuring transmission of files, filling
recovered in execution, secured things bailiff deposits and registers
newly appointed executor and surrender stamps, certificates and seals
under § 103 . 1st
(6) Share executor, who disappeared power executor office, or
His heirs to pay newly appointed executor shall be determined by agreement.
If the agreement delivered to the Chamber within two months of the appointment of a new
executor decides chamber according to the principles of equitable arrangement. ".
12th In § 16 at the end of the text of paragraph 1, the words "under the principles
equitable arrangement."
13th In § 17, the following paragraph 4 is added:
"(4) Exekutorský candidate who represents the executor, who disappeared
performance executor office, acts as a representative separately.
The provisions of § 32 shall apply mutatis mutandis. ".
14th In § 18, paragraph 3 shall be added:
"(3) The provisions of the new representative terminates the preceding
representative.".
15th In § 27 par. 3 point. d) the words "1 year" is replaced by "6
months."
16th In Part One, Title III reads: "Enforcement Activities".
17th In § 28, the first sentence is replaced "Seizure leads the executor
which the execution proposal marks a legitimate and who is registered in the register
initiated foreclosures.".
18th In § 29 para. 1, "carrying out the executions" is replaced
"enforcement proceedings".
19th In § 29 paragraph 5 reads:
"(5) The participant is obligated to exercise objection of bias executor
within 8 days from the day he was served with notice of initiation
execution; If he did not know at this time the reason for exclusion or if this was the reason
later, the opposition may be filed within eight days after
learned about him. Later the objection of bias participant also apply when
if the executor has not been informed of their right to comment on the person
executor. Objections mandatory for a person executor
no dilatory effect. ".
20th In § 29 paragraph 11 reads:
"(11) If it was decided that a bailiff is excluded, the execution
continues the executor, which suggests a legitimate and who is entered in the Register
initiated foreclosures so that it makes a change to the information pursuant to § 35b || | paragraph. Point 1. a) or b); newly registered executor decides
order to pay expenses for previously incurred costs
execution. ".
21st In § 29, the following paragraph 12 is added:
"(12) Whether it is excluded clerk, candidate or another employee
enforcement officials, as well as expert or interpreter decides executor;
paragraphs 1 to 4, 6 and 9 shall apply mutatis mutandis. Against his resolution is not acceptable
appeal. ".
22nd In § 30 point. b) the word "applicant for carrying out the executions"
replace the word "justified".
23rd In § 31 at the end of paragraph 3 the sentence "uttered If a participant
enforcement proceedings written consent to the communication of data covered
obligation of secrecy under a special legal regulation 30)
executor of such data to communicate to the relevant institution. ".
Footnote. 30 reads:
"30) Act no. 111/2006 Coll., On assistance in material need, as amended
amended.".
24th In § 32 par. 1, first sentence, the words "The executor is responsible" are replaced
words "Unless the special law, the executor is responsible."
25th In § 33 par. 3 and the first sentence of § 33 para. 9, the word "execution"
replaced by the word "leadership".
26th In § 33 paragraph 5 reads:
"(5) The operator of postal services is obliged to notify the executor
at his written request data needed to conduct the execution, in particular the identity
persons who are renting a post office box or other shipping
place data on the number there incoming mail and the sender
, total funds attending mandatory
postal service or to its mailing
compartment and the identity of the recipient of mail stored in
mail service provider. ".
27th In § 33 para. 6 the words "telecom carriers'
replaced by" providers of electronic communications services ".
28th In § 33a paragraph. 1 introductory part of the provision, § 33b introductory part
provisions of § 33c and the introductory part of the word "execution"
deleted.
29th In § 33a at the end of paragraph 3 is replaced by a comma and a letter
n), which reads:
"N) the name or names, surname and birth number of father, mother
or other legal representative; in the event that one of the parents or other legal representative
has assigned a personal identification number, name, or
Name, surname, date of birth; if other legal guardian of the child
legal person, the name and address of the registered office. ".
30th Under § 33d is inserted § 33e, added:
"§ 33e
In electronic form in a manner enabling remote access
provide for the needs of execution through the Chamber of bailiffs Czech Social Security Administration
data from the registry of insured benefits recipients
pension insurance to the extent
A) personal identification number and registration number of insured
B) the full name and
C) the current address for the payment of retirement (pension)
D) the method of payment of pension (income)
E) type of income (pensions)
F) the amount of income (pensions)
G) the amount of the previous execution and other deductions from retirement
H) the amount of pension paid after previous precipitation
I) information about another pensioner,
J) the debtors residing abroad state where the pension remittance,
K) premiums and contributions to pensions payable under the provisions of compensation
. ".
31st In § 34 paragraph 1 reads:
"(1) The executor may, for the purposes of enforcement proceedings to request the assistance of a third party
according to § 33 and you are obliged to provide it free of charge.
Persons mentioned in § 33 para. 4-9 and commodity markets, the regulated market
^ 27), the central depository and other entities entitled to keep records
investment instruments have in providing information to the right to reimbursement of reasonable | || incurred cash expenses. ".
32nd In § 34 after paragraph 2 the following paragraph 3 is added:
"(3) A bailiff asks the financial institution synergies
electronic data collection and electronic money institution interaction dataset
provide. Financial institution shall not provide synergy executor,
unless a request for cooperation submitted electronically or data file
absence of prescribed content requirements or not, if the data file
fixed format or structure. The Ministry shall issue a decree
format and structure of the data file and content requirements
requests for assistance. ".
Existing paragraph 3 shall be renumbered 4.
33rd In § 34, the following paragraph 5 is added:
"(5) The provisions of § 33 to 33e and paragraphs 1 to 3 shall apply to
surveys on the husband's principal in connection with the implementation
execution, which are to pry commitment, which belongs to the common property
spouses affected property values husband compulsory. ".
34th In § 35 paragraph 2 to 4 added:
"(2) The execution procedure is initiated on the date of execution proposal came
executor.
(3) The executor can begin to identify and secure assets mandatory
soon as the court has issued a mandate in accordance with § 43a.
(4) Where an authorized enforcement more proposals on the same matter, leading the execution
executor, who is in the register instituted executions recorded as
first. ".
35th Under § 35, the following new § 35a and 35b including the title added:
"Index initiated foreclosures
§ 35a
(1) Index foreclosures started an electronic list, which operates and manages
ministry.
(2) The data in the register of foreclosures started writing the court or executor
manner allowing remote access.
(3) The Index commenced execution is not public. The Ministry provides
data from the register of foreclosures started only courts and the Chamber, and it
manner allowing remote access.
(4) The data kept in the register instituted execution of this register
be erased after 25 years from the date specified in § 35b paragraph. 1 point. and).
§ 35b
(1) The index started foreclosures are leading figures in the range
A) the designation of the executor, which has been initiated execution proceedings
B) the designation of the executor, the execution procedure leads or led, if
different from the executor under point a)
C) the designation of enforcement proceedings filing brand that is guided,
D) designation Enforcement and authority that issued it, or the person who prepared it
,
E) identification of the creditor and the debtor
F) designation of responsibilities to be exacted,
G) the date of commencement of enforcement proceedings,
H) the date on which the facts according to § 52 paragraph. 3 point. a) and b)
(hereinafter "the enforcement clause")
I) the expiry date of the execution.
(2) The index started the execution and operational data
enrollment data referred to in paragraph 1. The information pursuant to paragraph 1. b), h) and i)
entered in the register executor. ".
36th In § 36 par. 3 of the word "done" is replaced by "lead".
37th § 37 including the title reads:
"Execution proposal
§ 37
(1) Seizure can only lead to the proposal to draft an authorized or whoever
proves that passed on him or right was transferred from a decision by
§ 36 par. 3 and 5.
(2) Authorized execution may submit a proposal under this Act,
A) fails to meet the mandatory voluntarily what distress imposes upon him by this Act
and
B) unless the matter under § 251. 2 point. a) and § 251 paragraph. 2 point. c)
f) of the Civil Procedure Code; Execution proposal can not submit if
has to be guided by the execution of a foreign decision, which was issued
declaration of enforceability under the directly applicable European Union
or international agreement or decision on recognition.
(3) Further proceedings initiated against the same debtor authorized by the same
executor prior authorization will expire executor to previous guidance
execution, connects with previous executions joint management as of the date of filing
proposal. In the interests of procedural economy may executor thing by
first sentence eliminate separate proceedings.
(4) If the enforcement proceedings against the same debtor conducted in more
executors or initiate any further entitled to the same executor
execution proceedings against the same debtor, the execution court proceedings connected to the proposal for mandatory
joint management,
A) if the person entitled to the creditor at the time of the mandatory
enforced receivable, or its legal successor, and was no longer associated
under paragraph 3,
B) if the subject individual connected recover monetary management
performance not greater than the amount under § 202 paragraph. 2 of the Civil Code and
C) if they are opposed to mandatory conducted at least two execution proceedings by
letter a).
(5) In order for joinder of the execution court determines that Executor management
lead. Executor who does not lead management compensation belongs
purposefully incurred cash expenses by the court decision in order to connect.
In the interest of efficiency, however, the execution court proceedings reuniting, if required by
state of these proceedings or such proceedings to join obviously does not fit. ".
38th § 38 reads:
"§ 38
(1) The execution of the proposal must be marked executor, who has lead
execution, indicating its headquarters. The proposal must also be clear who it
does that matter it concerns and what follows, and must be signed and dated.
In addition, the execution proposal include the name, or names and surnames
participants, their place of residence ^ 7b), or place
residence in the Czech Republic by type of residence foreigner 7d ^) ^ 7e) and
or social security number or date of birth participants
or business name or name, address and identification number, the exact designation
Enforcement, putting the obligation to be exacted, and an indication of
whether, or to what extent mandatory enforcement of obligations
fulfilled, or indication of evidence which it is entitled to rely.
(2) A warrant of the proposal must be accompanied by an original or certified copy
EEO provided confirmation of its enforceability
or notarial registration, permission for the operation. ".
39th In § 39 par. 1, "a proposal for an execution" is replaced
"enforceable design."
40th In § 39 par. 2, the first sentence is replaced "Unless specified period
proposal properly repaired or completed, and the procedure can for this lack
continue or if it is not accompanied by an enforceable title or certificate
enforceability enforcement, executor Resolution
execution proposal is rejected. ".
41st In § 39 the following paragraph 3 is added:
"(3) If not met the statutory requirements for
management execution and execution proposal will be rejected, the executor executory
draft resolution later in the period under § 44 par. 1 will be rejected.".
42nd In § 40 par. 1 point. a) after the word "court" the words "or
executor".
43rd In § 40 par. 1 point. d) the words "or executor records under § 78
point. a) "shall be deleted.
44th In § 40 para. 4 and § 42 para. 1, the word "implement"
replaced by the word "lead".
45th In § 41, the words "b), c)" is replaced by "a) to c)."
46th In § 42 para. 1, second sentence, the word "regulation" is deleted.
47th In § 42 para. 2 the words "In carrying out the execution" are replaced by "
enforcement proceedings".
48th In § 42, paragraph 3 shall be added:
"(3) In considering the matters referred to in paragraphs 2 and 3 executor
always take into account what the management came to light.".
49th In § 43 para. 1 the words "order execution only" is replaced
"proceed under § 44 only."
50th Under § 43 the following § 43a is added:
"§ 43a
(1) The bailiff, who arrived execution proposal, ask
execution court within 15 days of receipt of a proposal for authorization and regulation
execution (hereinafter "Commission"). In the absence of any legitimate proposal
requirements or is incomprehensible or vague, runs until
this period from the date of delivery of the corrected or amended proposal or
Enforcement executor. Delivery of an application for court authorization to register
foreclosures initiated electronically entered information pursuant to § 35b
paragraph. Point 1. a) and c) to g).
(2) The application for authorization must be marked executor who request under paragraph 1
filed, stating its seat. The application must be dated and
must also notably include the name or names, surname and address
participants or business name, address and identification number and the exact name of
Enforcement. Applications for authorization are
information pursuant to § 35b paragraph. 1 point. a) and c) to g). Together with the request
court bailiff shall send the draft authorized to order the execution and all
documents which joined the proposal. Request, including all documents that
court sent along with it, must be submitted in electronic form
through public data network and electronic applications
intended to submit such a request; if it is not technically possible, may be
request and shall be sent via a public data network to a data
mailbox or in paper form.
(3) The court shall issue a commission within 15 days if they meet all the conditions laid down by law
.
(4) The authorization includes
A) designation executory court
B) the designation of the executor
C) designation Enforcement and authority that issued it, or the person who prepared it
,
D) identification of the creditor and the debtor
E) the signature and the date.
(5) The commission is not a court decision and not delivered to the participants
management.
(6) If not met the statutory requirements for
management execution, the court granted the bailiff instructed to execution
proposal was rejected or ignored. This Instruction is bound executor. ".
51st § 44 reads:
"§ 44
(1) Not later than 15 days from the receipt of authorization pursuant to § 43 paragraph. 3
sends legitimate executor notice of initiation of the execution.
Compulsory executor send the notice no later than the first execution order, which
he delivered in execution proceedings; along with notifying the executor sends
execution compulsory draft, a copy of the enforcement order and notice under § 46 paragraph
. Sixth authorities responsible for maintaining records (criminal) legal persons
^ 16), or other bodies or persons to send the notification only
if it is necessary to conduct executions. If in the real estate
registered ownership right of the debtor and unless the mandatory referred to in §
44a paragraph. 5 or obligations under paragraph 4, if elected executor of
that the prohibition under § 44a paragraph. 1 does not apply to property in his possession
, notification shall be sent to the land Registry Office in whose territorial jurisdiction the seat
bailiff, who instituting the execution
sent. Notification is not a decision.
(2) The notification shall be delivered to compulsorily into their own hands.
(3) The Memorandum contains
A) designation executory court
B) designation bailiff leads the execution proceedings
C) the designation of enforcement proceedings filing brand that is guided,
D) designation Enforcement and authority that issued it, or the person who prepared it
,
E) identification of the creditor and the debtor
F) designation of responsibilities to be exacted, including
obligation to pay the costs of legal and execution costs,
G) signature and date
H) instruction according to § 29 para. 5, § 37 par. 3 and 4, § 44a paragraph. 1, § 54, § 55 paragraph
. 1 and 2 and § 87 para. 1st
(4) If the enforcement of obligations grossly disproportionate to the debtor's assets, on
which would be covered by the prohibition under § 44a paragraph. 1, the executor before sending notification
entitled to decide that the prohibition under §
paragraph 44a. 1 applies only to the portion of the property adequately enforced obligations.
This decision sends along with notifying the creditor and debtor. ".
52nd In § 44a paragraph. 1, first sentence, the words "after service of the order
not mandatory" are replaced by "failing a bailiff pursuant to § 44 para. 4
otherwise not compulsory after receipt of the notification."
53rd In § 44a paragraph. 2, the words "§ 49 para. 4" is replaced by "§ 49 para.
7".
54th In § 44a at the end of the text of paragraph 5 the words "or
territorial autonomous unit".
55th § 44b including heading reads:
"§ 44b
Changing the executor
(1) At the proposal of the authorized and agrees with the executor, who leads
execution, and executor, who authorized marks in the design, execution takes
executor, who authorized designated in the proposal.
Takeover execution is not a decision.
(2) Unless there is a change executor pursuant to paragraph 1 and if requested
authorized the execution court to change the executor, the execution court after hearing
executor, if justified, decides that the execution will lead
another executor, which suggests justified, and executor, who led
execution yet, refer the matter to him.
(3) Effects of the original proposal Enforcement authorized retained.
(4) New executor will change the information pursuant to § 35b paragraph. 1 point. a) or b
) in the register instituted execution and decide the order to cover the costs
execution of previously incurred costs of execution. The bailiff's fee, which has so far resulted
execution is calculated as if it has stopped the execution.
(5) execution costs incurred in connection with the change of an executor pursuant to paragraph 1
carries justified. ".
56th In § 45 paragraph 2 reads:
"(2) Locally competent executory court is the court in whose jurisdiction the
mandatory if a natural person, his place of residence ^ 7b)
or place of residence in the Czech Republic by type of residence
foreigners 7d ^) ^ 7e). If a legal person, is locally relevant
court in whose jurisdiction the mandatory seat. When not mandatory, which is
natural person in the Czech Republic, place of residence or place of residence
under the first sentence or absence of mandatory
who is a legal entity headquartered in the Czech Republic, is locally the competent court within whose jurisdiction the compulsory
property. ".
57th In § 45, paragraph 3 shall be added:
"(3) If, pursuant to paragraph 2, several locally relevant courts, is locally relevant
the court, whose name is first in alphabetical or numerical order
.".
'58. § 46 including footnotes. 16b and 31 reads:
"§ 46
(1) Executor proceeds to execution quickly and effectively; when it is committed
protect the rights of the parties and third parties concerned by the procedure.
(2) The executor makes its own motion steps towards the implementation of the execution.
Executor leading up to the execution of recovery and its accessories
enforcement or other enforced obligations, costs and execution costs
authorized; the execution will be carried out. Acts and decisions
executor and executory court are recorded in an enforcement case which leads executor
in paper or electronic form.
(3) The executor is obliged to keep the execution in the order in which they were delivered
execution proposals.
(4) Financial performance for the enforcement of obligations shall be paid to the executor or authorized
. Unless the executor and legitimate otherwise, executor
after the expiry of the period referred to in paragraph 6 shall, after deducting the costs of enforcement
payment of the entire debt to the creditor recovered within 30 days from the time
cash consideration received. Exacted partial fulfillment executor pays
legitimate, if not agreed otherwise, at the same time when this
unpaid partial performance exceeds the sum of 1,000 CZK.
The exacted performance is deemed to fulfilling obtained via execution of some
methods according to § 59 para. 1, to perform execution pursuant to paragraph 6 or
paid to the enforcement of the obligations of the deadline in paragraph 6, and a writ
command to perform execution of this command
Enforcement.
(5) The executor is obliged exacted financial performance
routed separately from its own funds in a special account ^ 31) at a bank or savings and loan association
in the Czech Republic. Executor shall, without undue delay
Ministry and the Chamber of the account number and the financial institution, in which he is entered
.
(6) The executor will send along with the mandatory notification of the challenge to meet
enforced obligation, which enumerates enforce claims and an advance for a reduced cost of execution ^
16b) and authorized expenses. At the same mandatory learns that meets
If within 30 days from the receipt of the call enforcement of claims and pay
backup executor shall immediately order to pay the costs of enforcement.
Legally order to pay expenses of execution be carried out.
By fulfilling enforced claim and payment of the deposit expires prohibition under § 44a paragraph
. 1 and § 47 para. 4. Otherwise, the bailiff performs execution.
(7) If the enforcement proceedings under a special law
broken-16c) or special legislation stipulates that the execution can not be performed
^ 16d), the executor does not make any actions implementing the execution, | || unless the law provides otherwise. Insolvency administrator executor issue
execution proceeds immediately after the ruling, which will decide
after deducting costs of enforcement for the issuance proceeds to the insolvency administrator.
(8) After the execution pursuant to paragraphs 2 and 6 and § 55
executor will send a notice of termination of execution all the institutions and individuals who have in their records
lead remark about the ongoing execution or which has been
execution of any duty imposed; notification is not a decision. The announcement also marks
execution orders, the effects of termination of execution pursuant to §
47 paragraph. 5 disappeared. At the request sends this notification shall also
parties. Notice of termination of execution, which was led by
establishment executor lien pursuant to paragraphs 2 and 6, or
§ 55 also includes an acknowledgment that the secured debt is extinguished, and that therefore
disappeared and executor lien.
16b) § 11 of Decree no. 330/2001 Coll., And Reimbursement of Court
executor, on and Reimbursement of expenses administrator and enterprise
terms of liability insurance for damages caused by Enforcement Officials,
as amended.
31) § 41f of the Act no. 21/1992 Coll., On Banks, as amended
regulations. ".
59th In § 47 para. 1, "he was served with the writ of execution
" is replaced by "the execution was registered launched
execution".
60th In § 47 paragraph 2 reads:
"(2) The warrant of execution has the effects of regulation enforcement in accordance
Civil Procedure. According to the execution order can not be carried out before the execution
A) the deadline according to § 46 para. 6
B) when a judicial decision on the proposal to stop the execution if it was
filed within the period referred to in subparagraph a)
C) registration of the enforcement clauses in the register of foreclosures initiated
according to § 35b paragraph. 1 point. h)
D) the legal power of the execution order. ".
61st In § 48 point. b) the words "who is responsible for carrying out execution"
replaced by "leading execution proceedings".
62nd In § 48 at the end of the text in subparagraph d) the words "including personal identification numbers
mandatory, if it is possible to find out."
63rd In § 49 at the end of paragraph 1 is replaced by a comma and
letters h) and i) are added:
"H) designation of the property to which the lien to be established executor
right or ownership interest therein, and the designation
lien creditor, in the case of the enforcement of the establishment executor
lien rights | ||
I) series and number of the driving license whose holder is mandatory in the case of execution
suspension of driving privileges. ".
64th In § 49 after paragraph 1 the following paragraph 2 is added:
"(2) Attached execution order under subsection 1. a) a notice
that the conditions were met according to § 52 paragraph. 3, in the case of execution
execution deductions from other income paid by the Labour Office
Czech Republic or the Czech Social Security Administration, the data file
which includes information contained in this enforcement order or notification.
After receiving the data file that is attached to execution order
pursuant to paragraph 1. a) The Labour Office of the Czech Republic or the Czech Administration
Social Security without undue delay communicate to the executor data
set of data according to § 48 point. E).".
Paragraphs 2 to 5 shall be renumbered 3 to 6
65th In § 49 after paragraph 2 the following paragraph 3 is added:
"(3) Attached execution order under subsection 1. b)
a notification that the conditions were met according to § 52 paragraph. 3, in the case of execution
enjoining the statutory claims from an account at a financial institution, is
data file that contains the information referred in this
enforcement order or notification. After receiving the data file that is attached
execution order under subsection 1. b)
financial institution without undue delay communicate to the executor dataset account numbers and the amount
cash, subject to the prohibitions of § 304 paragraph. 1 and 3
Civil Procedure, a statement according to § 48 point. E).".
The former paragraphs 3 to 6 shall be renumbered 4 to 7
66th In § 49, after paragraph 3 the following paragraph 4 is added:
"(4) The Ministry shall issue a decree format and structure of data files
accordance with paragraphs 2 and 3.".
Former paragraphs 4-7 become paragraphs 5 to 8
67th In § 49 para. 8, the words "paragraph 4" is replaced by "paragraph 7".
68th In § 51 of the introductory part of the provision: "Permission to lead the execution
executor terminates if".
69th In § 51 letter d) reads:
"D) changing the executor under § 44b".
70th In § 51 the following point e), added:
"E) execution court decided to join execution proceedings, unless the
executor, who will lead the combined management.".
71st In § 52, paragraph 3 shall be added:
"(3) The legal force of a writ of execution under the Civil Procedure Code
in enforcement proceedings means
A) the deadline according to § 46 para. 6
B) the legal force of a decision on the proposal to stop the execution if it was
filed within the period referred to in subparagraph a), and
C) the legal power of execution order. ".
72nd In § 54 par. 1, first sentence, the words "authorized executor"
replace the words "bailiff leads the execution."
73rd In § 54 par. 3 of the word "implementation" is replaced by "design".
74th In § 54 par. 6, after the word "court" the words "or executor."
75th In § 55 paragraph. 1, the words "authorized executor" is replaced
"The bailiff leads the execution."
76th In § 55 after paragraph 1 the following paragraph 2 is added:
"(2) A petition to stop the execution must contain a statement of the facts
decisive for determining whether it was filed within the period specified in paragraph 1;
This does not apply if the petition filed at the latest within the period under § 46 par.
6th The proposal to stop the execution, which contain all the essentials
or who is unintelligible or ambiguous or which is not accompanied by
papers to prove the allegations contained in the complaint or
which was filed late, the executor refuses. If
against such a decision was appealed, executor withdraw it and refer the matter to be settled by executive
court. ".
Paragraphs 2 to 5 shall be renumbered 3 to 6
77th In § 55 paragraph. 4 second sentence, the number "4" is replaced by "5".
78th In § 55c Paragraph 3 reads:
"(3) An appeal is not admissible against
A) the executor decision on the proposal to the case to be removed from the list (§ 68 paragraph
. 2 and 3)
B) the warrant of execution,
C) resolution on the amendment or repeal of execution order, or
D) an order to pay expenses. ".
79th In § 58 par. 2, third sentence after the word "income" the words "
property management, suspension of driving privileges."
80th In § 58 para. 2 last sentence, the words "sale of business"
replace the words "disability business".
81st In § 59 para. 1, letter d) reads:
"D) disability business."
82nd In § 59 at the end of paragraph 1 is replaced by a comma and
letters f) and g), as follows:
"F) property management,
G) the suspension of driving privileges. ".
83rd In § 59a sentences first and second, the words "
application initiating enforcement proceedings" is replaced by "Enforcement of the proposal."
84th In § 60, 65, 69, 71, 73 and § 87 para. 1 the words "implementation
execution" replaced by the word "execution".
85th § 65a is deleted.
86th In § 66 para. 1, the first sentence is replaced "The executor may even without a draft
legitimate ensure movables wrote, if it is expedient
and if there is fear of damage or loss.".
87th In § 66 para. 1, "the implementation of execution"
replaced "during the census chattels".
88th In § 66 para. 2 and § 70 para. 1, "carrying out the executions"
replaced by the word "execution".
89th In § 66 paragraph 4 reads:
"(4) Where there is insufficient to cover obligations under § 336n paragraph. 1 of the Civil Procedure Code
deposit, executor under an enforceable
resolution under § 336n paragraph. 2 of Civil Procedure motion
initiate execution proceedings on the assets of the Purchaser. ".
90th In § 68 par. 3, second sentence, the word "implementing" shall be deleted.
91st In § 68 the following paragraphs 5-7 are added:
"(5) Where the executor probable claims bystanders
inventory of the matter is owned by a third party, that third
immediately notify in writing the person to carry out an inventory and learn it the right to lodge
proposal pursuant to paragraph 1
(6) The application of the person who says that the thing conceived in the inventory is in her
property, the bailiff shall communicate the information necessary to exercise rights under paragraph 1.
(7) If the thing locked under § 66 para. 1 removed from inventory or
excluded from enforcement, executor case without undue delay
before the petitioner in a place where it secured, unless he agrees
the petitioner otherwise. If the petitioner fails to provide the necessary executor
cooperation in the transmission case, the matter was forwarded to the petitioner headquarters
executor. ".
92nd § 69a including the heading reads:
"§ 69a
Establishment executor lien on property
(1) If appropriate, a real estate executor to establish mandatory
to ensure cost recovery and legitimate executor
lien. The provisions of § 47 para. 4 shall apply.
(2) Unless specified otherwise in this Act shall apply to the execution of the establishment
executor lien on property mutatis mutandis
Civil Procedure governing the exercise of judgment
establishment of a judicial lien on the property.
(3) Executors lien on the property that is the subject
registration in the Land Registry, there is a delivery execution order on establishment
executor lien relevant Land Registry.
Executors lien on the property, which is not subject to registration
in the real estate, creating legal powers execution order.
(4) In order executor lien on the property is
decisive day of its creation; arose when several bailiff
liens on the same day, have liens same order.
If there was not for the recovery of a claim previously established statutory or contractual
lien follows the sequence executor lien
ranking of the lien.
(5) Executors lien expires also the ruling, which
bailiff cancels execution order, which established the executor
lien. If the executor has not expired lien earlier
other way expires the end of execution. ".
93rd In Part one, Title IV, Part 5, the title word "sale"
replaced by the word "disability".
94th In § 70 para. 1 and § 71, the word 'sale' is replaced by
"handicapped".
95th In Part One, Title IV, Section 5 for the following new episode 6, which
including the title and footnote no. 32 reads:
"Episode 6
Execution suspension of driving license
§ 71a
(1) warrant of execution to suspension of a driving license mandatory
executor may only be issued if the execution is enforced
arrears of maintenance for a minor child.
(2) The warrant of execution to deliver the body which administers the register of drivers
by special legislation, 32), the creditor and debtor. Authority
maintaining a register of drivers, must be delivered to the execution order before
mandatory.
(3) On receipt of a compulsory execution order is mandatory
suspended driving license granted under special legislation 32).
After a period of suspension of driving license holder
not drive. Execution order is delivered to the debtor
own hands.
(4) Executor cancels the execution order suspension of driving license
A) proves mandatory that the basic needs of their
and the persons to whom the maintenance obligation, urgently needs its
driving license or
B) payment of the mandatory maintenance arrears to the minor child.
Cancellation execution order executor shall notify the authority maintains a register
drivers under a special legal regulation 32).
32) Act no. 361/2000 Coll., On traffic on roads and
amendments to certain Acts (Road Traffic Act), as amended
. ".
BACKGROUND piece 6 becomes part seventh
96th In § 72 para. 2, "which issued a writ of execution
" are deleted.
97th In § 72 at the end of paragraph 2 sentence "fined recovered
executor motion in the enforcement proceedings.".
98th In § 74 paragraph 3 reads:
"(3) The executor refuses to perform the requested action, if
A) the act is contrary to a legal regulation
B) the executor, his employee or a person close to them are involved in the
things or
C) in the case has already provided legal assistance to another person whose interests are contrary to the interests
whoever asks for legal assistance. ".
99th Under § 76a is inserted § 76b and 76c are added:
"§ 76b
(1) does not know if the executor of the applicant, it must be demonstrated his identity
valid government or confirmed by two witnesses of identity;
Executor knows where these witnesses personally, he must be their identity
proved valid government.
(2) the identity of the witness can not be a person who is not fully capable of
legal capacity or a person who can not read or write.
Further, it can not be a person close to the applicant and the person involved in the case, and workers
executor, who is being asked for acts other activities.
§ 76c
If the applicant's native language other than Czech language, the executor may gain
interpreter. As an interpreter, you can not gain a person close to the applicant or
whoever involved in the case. ".
100th In § 77, the words "executor certifies on request facts wrong and
state of things, for example, fulfilling a debt, state" is replaced by "The bailiff at the request
writes executor records of certificates factual event or condition
things, for example, fulfilling debt state. "
One hundred and first § 78 is repealed.
102nd In § 79 paragraph 1 reads:
"(1) Exekutorský record must contain
A) the place, day, month and year of writing,
B) the name and surname of the executor and his seat,
C) the place and time of the event or see the evidence,
D) a description of the event or condition of things
E) official stamp of the bailiff and his signature. ".
103rd In § 79, paragraphs 2-6 deleted.
Paragraph 7 is renumbered 2.
104th § 80-85 are deleted.
105th In § 87 at the end of the Subsection 1, the sentence 'Compensation
purposefully incurred travel expenses and compensation for time lost is an expense
execution to the amount determined by the implementing legislation.
Purposefully incurred travel expenses and loss of time in excess of this amount to be paid to the executor
authorized; They shall be informed in the notice of initiation
execution. ".
106th In § 88 paragraph 2 reads:
"(2) The order to pay expenses includes
A) designation executory court
B) designation bailiff leads the execution proceedings
C) designation Enforcement and authority that issued it, or the person who prepared it
,
D) identification of legal and compulsory birth registration number, including compulsory,
possible if it determine
E) designation of responsibilities to be exacted,
F) an obligation to reimburse the costs, including the remuneration and
reasons
G) the amount of the deposit paid and the bill
H) date and signature of the executor and advice on objections. ".
107th In § 90 par. 1, the word "implementation" is replaced by "leadership".
108th In § 90 paragraph 2 reads:
"(2) The executor and authorized may enter into a written contract for the execution
in which they can negotiate contractual remuneration for management execution.
Contractual fee is cost of enforcement. This does not affect the right to exe- kutora
reward cash expenses, reimbursement for the delivery of documents and
compensation for loss of time. ".
109s. § 102 and 103 added:
"§ 102
(1) Completed writings executor and completed writings that the bailiff took
according to § 15 para. 5 (hereinafter referred to as "discontinued writings") are stored in the custody and
office executor. After saving the files on their
records covered by the legislation applicable to the imposition of court files.
(2) Completed writings remain throughout their executor office
stored in the office of executor.
(3) Details of the handling of the files, their safekeeping, keeping
registers and other registers aids adjusted
office order issued by the Chamber.
(4) Excerpts, copies and confirmation of completed dossiers issued upon written request
authorized bodies and persons executor. The inspection of files and
borrowing these publications apply mutatis mutandis the provisions of Title eighth
first part of this Act.
§ 103
(1) The Chamber assumes stamps, cards and sealants executors, whose office
disappeared or who were transferred to another district court circuit.
(2) The surrender stamps, card and sealants with a written statement. ".
110th In Part one, Title VIII, Part 4 referred to as Part 3
111th § 104 is deleted.
112th In § 106 para. 1 the words "legal acts" are deleted.
113th In § 109 para. 1, the word "Brno" is replaced by "Prague".
114 respectively. In § 110 paragraph. 7, the letter i) a new point j)
added:
"J) establishes the procedure for announcing and organizing the selection by
§ 10".
Existing letters j) and k) are renumbered k) al).
115th In § 110 paragraph. 8, the words "clerical order" the words "
, as well as the procedure for announcing and organizing the selection
according to § 10" and the word "previous" is deleted.
116th In § 111 paragraph. 6, after letter f) a new point g), which reads
:
"G) announces and organizes the tender according to § 10
and appoints the members of the selection committee."
Existing letters g) to o) are renumbered h) through p).
117th In § 111 paragraph. 6 point. j) the words "and the office Rules" shall be
words "office order, as well as the procedure for announcing and organizing
tender pursuant to § 10".
118th In § 111 paragraph. 6 at the end of the text of letter k), the words "
well as the procedure for announcing and organizing the selection according to § 10
".
119th In § 113a paragraph. 1 the words "seven members and three alternates" replaced
"9 members and five alternates."
120th Under § 115, the following new § 115a, including the heading reads:
"§ 115a
The selection committee
(1) selection committee has six members; 2 members are appointed from the ranks of judicial executors
2 of judges on the proposal of the President of the Regional Court in whose district the
district court within whose jurisdiction should be appointed executor
, and 2 by the Minister staff members from the Ministry.
(2) The selection panel shall designate its chairman lot.
(3) The selection committee is accepted if expressed for them
majority of its members. In case of equality of votes, the proposal
deemed to have been rejected. ".
121st § 116 reads:
"§ 116
(1) The bailiff, clerk candidate and are accountable for disciplinary
offense or serious disciplinary offense (hereinafter "disciplinary offense").
Disciplinary responsibility of the executor in accordance with paragraphs 4 and 5 shall not affect disciplinary liability
candidate or trainee and disciplinary responsibilities
candidate or trainee does not affect disciplinary liability executor.
(2) A disciplinary offense is
A) breach of duties bailiff or clerk candidate
specified legal or professional regulation or resolution of the Chamber,
B) conduct which violates the dignity of the bailiff profession
executor or threatens confidence in an independent, impartial, professional and fair
execution activities or professional performance of other activities, or
C) any act by which a candidate or trainee violates the dignity of the profession
executor or threatens confidence in the performance of professional activities
executor.
(3) a serious disciplinary offense is serious
A) breach of duties bailiff or clerk candidate
specified legal or professional regulation or resolution of the Chamber,
B) conduct which violates the dignity of the bailiff profession
executor or threatens confidence in an independent, impartial, professional and fair
Execution activities or professional performance of other activities, or
C) any act by which a candidate or trainee violates the dignity of the profession
executor or threatens confidence in the performance of professional activities
executor.
(4) A disciplinary offense is regarded as executor
A) breach of the obligations laid down by law and professional rules or
Resolution Chamber or
B) conduct, which violates the dignity of the bailiff profession or
threatens confidence in an independent, impartial, professional and fair performance
enforcement activities, or professional performance of other activities, if committed by them
employee executor .
(5) for a serious disciplinary offense executor is regarded as a serious
A) breach of the obligations laid down by law and professional rules or
Resolution Chamber or
B) conduct, which violates the dignity of the bailiff profession or
threatens confidence in an independent, impartial, professional and fair performance
enforcement activities, or professional performance of other activities, if committed by them
employee executor .
(6) The executors can for disciplinary offenses impose some of these punitive measures
:
A) a written warning,
B) public admonition,
C) fine of up to 2,500,000 CZK,
D) removal from office of executor.
(7) nominees for possible disciplinary offenses impose some of these punitive measures
:
A) a written warning,
B) public admonition,
C) a fine of up to 250 000 CZK,
D) the withdrawal of representation.
(8) articled clerk for disciplinary offense can save some of these punitive measures
:
A) a written warning,
B) public admonition,
C) a fine of up to 50 000 CZK.
(9) for a serious disciplinary offense executor can impose disciplinary measures pursuant to paragraph 6
point. b) and d) a fine of CZK 50,000 to CZK 5,000,000,
candidate disciplinary action under paragraph 7 letter. b) d) and fined by
CZK 10 000 to 500 000 CZK and trainee disciplinary measures in paragraph 8
point. b) a fine from CZK 5,000 to CZK 100,000.
(10) for a disciplinary offense can impose both a written warning and a fine
or public reprimand and a fine. A serious disciplinary offense may also
impose a public reprimand and a fine. In imposing disciplinary measures
take into account the fact that a bailiff, clerk or candidate again
committed a disciplinary offense, although it has already been finally convicted
disciplinary offense.
(11) is stored enforcement official disciplinary action appeal from the executor
office, if it was in the last 5 years prior to the initiation of disciplinary proceedings
least three times lawfully convicted
serious disciplinary offense if the the fact undermine the credibility of his
stay further in the Executor profession. Candidates impose disciplinary measures
withdrawal of representation, if it was in the last 5 years before
to the initiation of disciplinary proceedings at least three times
finally found guilty of a serious disciplinary offense, if this fact calls into question the credibility of his
another representation executor.
(12) If measures were imposed disciplinary removal from office
executor, the executor may be revoked for a period of 5 years from the final decision on the appeal
appointed executor. Where were imposed disciplinary measures
appeal of representation may not be revoked candidate
for 5 years from the decision on the appeal or be appointed deputy
appointed executor. Disciplinary measure of public warning is required
one who was the disciplinary measure imposed publish at their own expense
in the national press within 1 month of the date of the decision, which
closing the disciplinary proceedings; this decision is executed on the date it was published
. The content and form of public reprimand shall designate the Chamber disciplinary court
in the decision closing the disciplinary proceedings.
(13) Income from fines imposed by the executors revenue of the state budget
income from fines imposed on candidates and clerks of the Bar.
(14) Responsibility bailiff or clerk candidate
for disciplinary offenses shall cease if no 3 years from its commission
petition for commencement of disciplinary proceedings.
(15) Executor is relieved of responsibility for disciplinary offense under paragraphs 4 and 5
if it proves that it has taken all the measures that it can justly claim
driving executor office according to § 13 paragraph. | || 1st ".
Existing footnote no. 20a is repealed.
122nd In § 117 par. 2 letter e) reads:
"E) Chairman of the Enforcement Court against the executor that this execution
leads against the candidate or the clerk of the bailiff or executor
representatives".
123rd In § 117 paragraph 3 reads:
"(3) The Disciplinary action must be brought within 3 years from the day when the disciplinary
misconduct occurred.".
124th In § 124 paragraph. 2, the word "fifteen" is replaced by "tenth".
125th In the first part of Title XII, including the title reads:
'TITLE XII
ADMINISTRATIVE OFFENCES
§ 124a
Offences
(1) A person who commits an offense that
A) contrary to § 4 para. 1 shall be "bailiff"
"executor office" or derived from the shapes of words or other designation
capable of creating a likelihood of confusion, even though the executor carries
Office
B) contrary to § 4 para. 2 indicates their performance as "performance
decision," "execution" or "Enforcement activity" or forms of words derived from them
or any other sign capable of creating a likelihood of confusion,
although it does not enforcement of execution titles under the law.
(2) An offense under paragraph 1 may be fined up to CZK 200 000.
§ 124b
Administrative offenses of legal entities and individuals
(1) A legal or natural person commits an administrative offense
that
A) contrary to § 4 para. 1 shall be "bailiff"
"executor office" or derived from the shapes of words or other designation
capable of creating a likelihood of confusion, even though the executor carries
Office
B) contrary to § 4 para. 2 indicates their performance as "performance
decision," "execution" or "Enforcement activity" or forms of words derived from them
or any other sign capable of creating a likelihood of confusion,
although it does not enforcement of execution titles under the law.
(2) For an administrative offense under paragraph 1 shall be fined up to CZK 200 000.
§ 124c
Chamber of Administrative Offences
(1) The Chamber has committed an administrative offense that
A) does not supervise the activities of an executor or above management activities
executor office or over compliance with the obligations set
executor Act on certain measures against money laundering
crime and terrorist financing or supervision is carried out in contravention | || with § 7 para. 5
B) fails Ministry of professional rules under § 8a. 1
C) leads the list of trainees and leads him in conflict with § 20 para. 1
or 2
D) nevyškrtne executor trainee from the list of trainees
according to § 22 paragraph. 1 or delisting clerks notifies pursuant to § 22 paragraph
. 2
E) does not list the candidates or leads him into conflict with § 24 para. 1 or
3
F) certificate issued executor executor, stamp or seal,
G) appoints the executor or representative of a new representative according to § 16 paragraph
. 1 and 2 or § 18
H) the authority of the Chamber makes waiver of confidentiality in conflict with § 31 para.
2
I) the Presidium of the Chamber executor organize exams in conflict with § 115
paragraph. 4 or fails to perform tests executor in accordance with
Examination Regulations issued under § 115 paragraph. 5
J) fails to keep central records of executions or keeps it in conflict with § 125
A) contravenes a decision on receivership Chamber
L) violates § 8d, paragraph. 3, or
M) propose to the call of the Chairman of the disciplinary court bailiffs in the list of 10
Associate disciplinary court pursuant to § 112 paragraph. 1 point. E).
(2) For an administrative offense under paragraph 1 shall be fined up
A) 10,000,000 CZK, for an administrative offense under subparagraph a), i), j), k) or l
)
B) 5,000,000 CZK, for an administrative offense under subparagraph c), d), e), g)
h) or m)
C) 1,000,000 CZK, for an administrative offense under subparagraph b) or f).
§ 124d
Joint provisions on administrative offenses
(1) A legal person for an administrative delict if it proves that
made every effort that could be required to breach
legal obligations prevented.
(2) In assessing the fine legal person takes into account the seriousness
administrative offense, especially the manner of its commission and its consequences and
circumstances under which it was committed.
(3) The liability of a legal person for an administrative tort shall expire if
Administrative authority did not institute proceedings within 2 years from the day when it became
but no later than 5 years from the date when it was committed.
(4) Administrative offenses under this Act shall be heard in the first instance
ministry.
(5) The liability for conduct that occurred in entrepreneurial
natural person or in direct connection therewith, shall be subject to the provisions of this
Act on liability and sanctions to legal persons. ".
126th In § 125 paragraph. 1 introductory part of the word "registered"
words "after expiry of the deadline under § 46 par. 6".
127th In § 125 paragraph. 1 letter a) reads:
"A) the notice of initiation of an execution according to § 44".
128th In § 125 after paragraph 1, the following paragraph 2 is added:
"(2) The central records of executions is written in mandatory social security number,
they have been allocated. However, this figure does not even register on the
stated in the statement referred to in paragraph 8. ".
Paragraphs 2 to 6 shall be renumbered 3 to 7
129th In § 125 paragraph. 7 introductory part of the number "5" is replaced
number "6".
130th In § 125, paragraph 8 shall be added:
"(8) The Chamber shall, on request, an extract from the central register of executions or
confirmation that certain data in a central repository
execution is not registered. Listing and confirmation are public documents proving the status
registered in a central register of executions at the time that is given to them
. ".
131st In § 128, the second sentence deleted.
132nd In § 130 paragraph. 1 "Regulation and implementation" are deleted.
133rd In § 130 at the end of paragraph 1 sentence "Where in
specific legislation talks about regulation enforcement
It also means keeping execution under this Act.".
134th In § 130 paragraph. 3, the word "implemented" is replaced by
"led".
135th Annex no. 1 reads:
"Annex no. 1 to the Act no. 120/2001 Coll.
Pattern stamp and seal of an executor
136th Annex no. 2 reads:
"Annex no. 2 to the Act no. 120/2001 Coll.
Pattern designation executor office
Art. IV
Transitional provisions
First Proceedings commenced before the effective date of this Act shall be completed
under the existing legislation, with the exception of § 33e, 44b, 46, § 49, paragraph
. Point 1. h), § 55c paragraph. 3, § 66 para. 4 and § 69a of the Act no.
120/2001 Coll., which are used in the wording effective from the date of entry into force of this Act
.
Second By the time specified in § 27 par. 3 point. d) of the Act no. 120/2001 Coll., as amended
effective from the date of entry into force of this Act, shall include
time for which a court employee performed the activity executor.
Third The district court, which under § 103 par. 2 Act no. 120/2001 Coll., As amended
effective date of this Act, led executor
archive will submit within 3 months from the effective date of this Act | || Chamber of stamps, certificates and seals executors, which preserves. Finished
writings that keeps surrenders district court bailiff, who is
successor executor, who finished writings led. If it was the day of entry into force of this Act
written request for excerpts or
confirmation from the completed file, proceed in accordance with existing legal regulations
.
Fourth Entries executor according to § 78 point. a) Act no. 120/2001 Coll., as amended
effective date of this Act, which was drafted
until the effective date of this Act are enforceable order
after the date of entry into force of this Act .
Fifth The provisions of § 116 paragraph. 11 of Law no. 120/2001 Coll., As amended, effective
effective date of this Act shall not apply where there has been
fulfill the conditions set out therein in whole or in part until the date | || force of this Act.
6th If a decision of the Ministry of Justice's announcement of the selection procedure
published before the effective date of this Act shall apply
this tender existing legislation.
PART THREE
Amendment to the Act on Private International Law and Procedural
Art. In
Law no. 97/1963 Coll., On International Private and Procedural Law, as amended
Act no. 158/1969 Coll., Act no. 234/1992 Coll., Act.
264 / 1992 Coll., Act no. 125/2002 Coll., Act no. 37/2004 Coll., Act no. 257/2004
., Act no. 361/2004 Coll., Act no. 377/2005 Coll ., Act.
57/2006 Coll., Act no. 70/2006 Coll., Act no. 233/2006 Coll., Act no. 296/2007 Coll
., Act no. 123/2008 Coll., Act No. . 7/2009 Coll., Act no. 409/2010 Coll
., Act no. 28/2011 Coll., Act no. 139/2011 Coll., Act no. 188/2011 Coll
. and Act no. 172/2012 Coll., is amended as follows:
First In § 68c paragraph. 1, "or execution under a special legal regulation
. ^ 8)" is replaced by "Rules of Civil Procedure.".
Footnote. 8 is repealed.
Second In § 68c paragraph. 2, "a special legal regulation 8)" shall be
words "Civil Procedure".
Third In § 68c paragraph. 2 and 4, the words "or seizure" are deleted.
Art. VI
Transitional provisions
Proceedings commenced before the effective date of this Act shall be completed
under the existing legislation.
PART FOUR
Change Commercial Code
Art. VII
Act no. 513/1991 Coll., The Commercial Code, as amended by Act no. 264/1992
Coll., Act no. 591/1992 Coll., Act no. 600/1992 Coll., Act.
286/1993 Coll., Act no. 156/1994 Coll., Act no. 84/1995 Coll., Act no. 94/1996
Coll., Act no. 142/1996 Coll., Act No. . 77/1997 Coll., Act no. 15/1998
Coll., Act no. 165/1998 Coll., Act no. 356/1999 Coll., Act no. 27/2000
Coll., Act no. 29/2000 Coll., Act no. 30/2000 Coll., Act no. 105/2000
Coll., Act no. 367/2000 Coll., Act no. 370/2000 Coll., Act.
120/2001 Coll., Act no. 239/2001 Coll., Act no. 353/2001 Coll., Act no. 501/2001
Coll., Act no. 15/2002 Coll., Act No. . 125/2002 Coll., Act no. 126/2002
Coll., Act no. 151/2002 Coll., Act no. 308/2002 Coll., Act no. 309/2002
Coll., Act no. 312/2002 Coll., the Constitutional court judgment promulgated under no.
476/2002 Coll., the Constitutional court judgment promulgated under no. 87/2003 Coll.
Act no. 88/2003 Coll. Act no. 437/2003 Coll., Act no. 85/2004 Coll.
Act no. 257/2004 Coll., Act no. 360/2004 Coll., Act no. 484/2004 Coll., | || Act no. 499/2004 Coll., Act no. 554/2004 Coll., Act no. 179/2005 Coll.
Act no. 216/2005 Coll., Act no. 377/2005 Coll. Act no. 413/2005 Coll.
Act no. 56/2006 Coll., Act no. 57/2006 Coll., Act no. 79/2006 Coll.
Act no. 81/2006 Coll. Act no. 308/2006 Coll., Act no. 269/2007 Coll.
Act no. 296/2007 Coll., Act no. 344/2007 Coll., Act no. 36/2008 Coll., | || Act no. 104/2008 Coll., Act no. 126/2008 Coll., Act no. 130/2008 Coll.
Act no. 230/2008 Coll., Act no. 215/2009 Coll. Act no. 217/2009 Coll.
Act no. 227/2009 Coll., Act no. 230/2009 Coll., Act no. 285/2009 Coll.
Act no. 420/2009 Coll. Act no. 152/2010 Coll., Act no. 409/2010 Coll.
Act no. 427/2010 Coll., Act no. 188/2011 Coll., Act no. 351/2011 Coll., | || Act no. 355/2011 Coll., Act no. 420/2011 Coll., Act no. 428/2011 Coll.
Act no. 167/2012 Coll. and Act no. 202/2012 Coll., is amended as follows:
First In § 38i paragraph. 1 letter a) reads:
"O) the decision of the court writ of execution disabilities
share of any shareholder in the company, disabilities
business or its parts, as well as the decision of the court to stop the enforcement
notice of initiation of execution, execution order
disability to share any shareholder in the company, on disability
business or its parts, as well as the decision to stop the execution, or a statement that the execution
ended differently than stopping ".
Second In § 61 paragraph. 2 first sentence, the word "share" the words "or
granting knockdown in the enforcement proceedings."
Third In § 88 para. 1 letter f), including footnote no. 22 reads:
"F) final regulation enforcement disabilities
share of any shareholder in the company, or legal power to
execution order of the share of any shareholder in the company after the deadline specified in the request
to fulfill obligations enforced by special
legal regulation 22) and, if it was in this period filed for stopping
execution, after the decision on this proposal
22) § 46 para. 6 of the Enforcement Regulations. ".
Fourth In § 102 para. 1 second sentence deleted.
Fifth In § 102 para. 2, the first sentence is replaced "
declaration of bankruptcy on the assets of a limited partner or rejecting the insolvency petition for lack of assets
, delivery notification of unsuccessful repeated auction
in enforcement proceedings or the execution or, unless the limited partner share
transferable final regulation enforcement
disabilities share of limited partner, or legal power of the execution order
Of the share of limited partners after the deadline specified in the invitation to meet
enforced obligation under a special legal regulation 22) and,
if it was in this period a motion to stop the execution, after the finality of the decision
on this proposal terminates its participation in society. ".
6th In § 102 the following paragraph 5 is added:
"(5) The Company without undue delay companions that she was delivered
auction by decree law regulating the enforcement of decisions
disabilities share the limited partner and that this ordinance is to auction
inspection at the company's headquarters. The company sends companion, who
request, a copy of the auction notice at his expense and risk to the address stated in the application
. ".
7th In § 148, paragraph 2 reads:
"(2) The same effects as the cancellation of his participation in the company court has
A) a declaration of bankruptcy companion
B) refusal of an insolvency petition for lack of assets,
C) notification of the unsuccessful repeated auction in the enforcement
decision or execution, or
D) the final regulation enforcement disabilities ownership interest or legal power
writ of execution to disability
business share after the deadline specified in the invitation to meet the obligations enforced by
special legal regulation 22) and, if it was in this period filed for
stop the execution, after the decision on this proposal, unless
share is transferable. ".
8th In § 148, after paragraph 2 the following paragraph 3 is added:
"(3) The Company without undue delay companions manner
set for convening the general meeting that was delivered to the auction
ordinance under the law regulating enforcement of decisions disabilities
shares and that this ordinance is to auction
inspection at the offices of the company. The company will send the shareholder who so requests a copy
auction notice at his expense and risk to the address given in the application
. Granting hammering in enforcement proceedings or the execution disabilities
business interest shareholder in the company with the successful bidder
became a partner instead of a business whose share was auctioned off. ".
Former paragraphs 3 and 4 become paragraphs 4 and 5.
9th In § 231 paragraph. 1, the words "final regulation enforcement disabilities
member rights and obligations, issuing warrant of execution for disability
member rights and obligations after the ruling on
order execution" is replaced by "delivery notification unsuccessful
repeated auction in enforcement proceedings or the execution or, if not
membership rights and obligations transferable
final regulation enforcement impairment of the rights and obligations of, or legal power
execution order the impairment of the rights and obligations
after the deadline specified in the invitation to meet obligations
enforced by special legislation 22n) and, if it was in this period
a motion to stop the execution, after the decision
about this proposal. "
10th In § 231, paragraph 7, which reads:
"(7) The cooperative without undue delay by written notice
members at the headquarters of the cooperative and in an apartment building owned by the cooperative, which is located
apartment to which the debtor has the right to lease-related shares, || | which is the subject of enforcement that has been received by the auction
decree law regulating the enforcement of decisions disabilities
member rights and obligations, and that the auction notice is available for inspection at the registered office
team. The cooperative will send a member, on request, a copy
auction notice at his expense and risk to the address given in the application
. ".
11th In § 679 paragraph. 1 point. f) the words "paragraph. 3 "are replaced by" paragraph.
4 ".
Art. VIII
Transitional provisions
Provisions of § 38i paragraph. 1 point. a) § 61 paragraph. 2, § 88 para. 1 point. f)
§ 102 para. 1 and 2, § 148 paragraph. 2 and § 231 paragraph. 1 of Law no. 513/1991
Coll., as amended effective on the effective date of this Act shall apply | || in connection with proceedings for enforcement or execution proceedings
led by the first part of Art. II and part Two Art. IV point 1.
PART FIVE
Changing the law on court fees
Art. IX
Act no. 549/1991 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. 103/2000 Coll., Act no. 155/2000 Coll
., Act no. 241/2000 Coll., Act no. 255/2000 Coll., Act no. 451/2001 Coll
., Act no. 151/2002 Coll., Act no. 309/2002 Coll., Act.
192/2003 Coll., Act no. 555/2004 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
., Act no. 123/2008 Coll., Act no. 216/2008 Coll., Act no.
7/2009 Coll., Act no. 217/2009 Coll., Act no. 281/2009 Coll., Act.
427/2010 Coll., Act no. 218/2011 Coll., Act no. 303/2011 Coll., Act no. 457/2011 Coll
., Act no. 458/2011 Coll., Act No. . 19/2012 Coll. and Act no. 202/2012 Coll
., is amended as follows:
First In § 3, at the end of paragraph 2 the following sentence, "In matters of fees
proceedings before the court of appeal, when the decision was issued in the first instance
judicial executor, decided by the appellate court. In matters of fees
proceedings before the appellate court when the decision was issued in the first instance
judicial executor, decided by the appellate court. ".
Second In § 10 after paragraph 7 the following paragraph 8 is added:
"(8) Changes the court to appeal the auctioneer resolution on the hammer or
předražitele appeal against the decision to předražku court bidder
returns from the account paid the court fee is reduced by 20%, at least about 1 | || 000 CZK. ".
Existing paragraphs 8 and 9 shall become paragraphs 9 and 10
Third In § 11 para. 1 letter j) shall be deleted.
Existing letters k) through m) are marked as letters j) to l).
Fourth In Annex 2 of the Act under section 1 reads:
"1. Under a proposal for issuing electronic payment order, which is subject
financial performance
A) the amount of CZK 10 000, including 400 CZK
B) in an amount greater than 10,000
20 000 CZK 800 CZK
C) in an amount greater than 20
000 CZK 4% of this amount. "
Fifth In Annex 21 of the Act under section 1 reads:
"1. Under the draft regulation on enforcement
A) if it is enforced
cash consideration of € 20 000 CZK 1,000 CZK
B) if enforced financial performance
worth more than CZK 20 000
to 40 million CZK including 5% of this amount
C) if the enforcement of a monetary
filling in an amount greater than
40,000,000 CZK 2,000,000 and CZK 1%
of the amount exceeding
40,000,000 CZK; amount
over 250 million CZK
is not counted
D) in the case of execution of the decision clearing
3000
CZK
E) in other cases CZK 2,000. "
6th The amendment to the Act in item 22 point 10 for the word "marital"
words "and the cancellation and settlement of co-ownership."
7th The amendment to the Act in item 22 paragraph 11 words "
settlement of marital property, the cancellation and settlement of
ownership," are deleted.
8th The amendment to the Act in item 22 for the existing point 11
following point 12 is added:
. "12 Over the auctioneer appeal against the decision to an appeal for drilling and
předražku petitioner against resolution on předražku
A) the amount of CZK 250 000 CZK 5 000
B) in an amount greater than
CZK 250 000 2% of this amount
a maximum of CZK 100 000 ".
Existing paragraphs 12 and 13 shall be renumbered 13 and 14
PART SIX
Amendment to the Act on Banks
Art. X
In § 41f of the Act no. 21/1992 Coll., The Banking Act, as amended by Act no. 156/1994
Coll., Act no. 165/1998 Coll., Act no. 319/2001 Coll. Law no. 126/2002
Coll., Act no. 285/2009 Coll., Act no. 156/2010 Coll. and Act no. 139/2011 Coll
., at the end of paragraph 8 of the text, the words "and
bailiff in whose account funds are deposited for
legitimate creditors and filed under the Enforcement Regulations".
PART SEVEN
Canceled
Art. XI
Canceled
Art. XII
Canceled PART EIGHT
Canceled
Art. XIII
Canceled PART NINE
Change the code of notarial
Art. XIV
Act no. 358/1992 Coll., On notaries and their activities (Notary Code),
Amended by Act no. 82/1998 Coll., Act no. 30/2000 Coll., Act no. 370/2000
Coll., Act no. 120/2001 Coll., Act no. 317/2001 Coll ., Act no. 352/2001
Coll., Act no. 501/2001 Coll., Act no. 6/2002 Coll., the Constitutional court
, published under no. 349/2002 Coll., Ruling Constitutional court
promulgated under no. 476/2002 Coll., Act no. 88/2003 Coll., Act no.
18/2004 Coll., Act no. 237/2004 Coll., Act no. 284 / 2004 Coll., Act no. 554/2004 Coll
., Act no. 628/2004 Coll., Act no. 216/2005 Coll., Act no. 344/2005 Coll
., Act. 377/2005 Coll., Act no. 70/2006 Coll., Act no.
81/2006 Coll., Act no. 308/2006 Coll., Act no. 296/2007 Coll., Act. || | 126/2008 Coll., Act no. 254/2008 Coll., Act no. 301/2008 Coll., Act no.
77/2009 Coll., Act no. 227/2009 Coll., Act no. 142 / 2012 Sb. and Act no. 202/2012 Coll
., is amended as follows:
First In § 71a par. 1 and 2, the word '(execution) "is replaced by" (directed
execution) ".
Second In § 71b Sec. 1, the word '(execution) "is replaced by" (directed
execution) ".
PART TEN
Amendment to Act no. 82/1998.
Art. XV
Law no. 82/1998 Coll., On liability for damage caused during the execution
public authority decision or incorrect official procedure and amending
Czech National Council Act no. 358/1992 Coll., On notaries and their
activity (notarial Code), as amended by Act no. 120/2001 Coll., the Constitutional court
, published under no. 234/2002 Coll., Act no. 539/2004 Coll., Act
C. 160/2006 Coll., Act no. 41/2009 Coll. and Act no. 41/2011 Coll., is amended as follows
:
First In § 4 para. 1 and 2, the words "bailiff" the words "
or his deputy ceases to exercise executor executor
office and if that agent executor candidate."
Second In § 8, at the end of the text of paragraph 3, the words "or
proposal to stop the execution."
PART ELEVEN
Change Act, the Ombudsman
Art. XVI
In § 22 of Act no. 349/1999 Coll., On the Public Defender of Rights, as
Act no. 381/2005 Coll. and Act no. 303/2011 Coll., the following paragraph
3 is added:
"(3) The Defender may propose juror list entry
assessors in proceedings for judicial executors
under a special legal regulation.".
PART TWELVE
Amendment to the Act on public auctions
Art. XVII
Law no. 26/2000 Coll., On public auctions, as amended by Act no. 120/2001
Coll., Act no. 517/2002 Coll., Act no. 257/2004 Coll., The Constitutional
court promulgated under no. 181/2005 Coll., Act no. 377/2005 Coll., Act No.
. 56/2006 Coll., Act no. 315/2006 Coll., Act no. 110/2007 Coll., Act No.
. 296/2007 Coll., Act no. 7/2009 Coll., Act no. 223/2009 Coll. and Act No.
. 458/2011 Coll., Is amended as follows:
First In § 2, letter a) reads:
"A) the auction is a public hearing, the purpose of which is to transfer ownership or other rights
subject to auction, held on the basis of a proposal
petitioner, in which the auctioneer turns to advance undetermined class of persons present at
a predetermined location, or in a public data network
to the designated address with a call for tenders, and in which
to the person under specified conditions the highest bidders, the auctioneer's hammer goes
property or other right the subject of the auction, or
same public hearing, which was terminated by the auctioneer reason
that was not done even the lowest bid ".
Second In § 2, letter c) reads:
"C) auction participant person present at the auction, which came
or enrolled in a public data network environment designed to address, and it
in order to make submissions, and meets the conditions set by law."
Third In § 2 letter g) reads:
"G) by calling the auctioneer delivered statements or data message
bidder on the subject of the auction, placing the lowest bid and
above the set minimum bids and challenge the participants of the auction to bid
".
Fourth In § 2 letter i) reads:
"I) the filing of offer made by the bidder during the auction in the amount
least provided the lowest bid; next bid must exceed
submissions already made at least a specified minimum bid, unless further
stated otherwise; if the numbers had been distributed, the offer must be made orally and
raising numbers; administration is perfect to verbal offer
With the exception of an electronic auction when the tenderer is implemented
delivering data messages. "
Fifth In § 2 letter j) reads:
"J) the auctioneer hammer action consisting in clicking a hammer or
act auctioneer electronic auction consisting in the bidding
stop receiving other offers delivered
data message and the subsequent publication of information on the bidding (granting impact)
at the address where an auction is conducted, and distribution of data messages on completion
auction all participants in the auction, which takes place under specified conditions to
transition of ownership or other rights to the subject of the auction ".
6th In § 2, at the end of subparagraph p) is replaced by a comma and
point q) is added:
"Q) data message electronic data that can be transmitted
means of electronic communication and keep on recording media,
used in the processing and transfer of data in electronic form.".
7th Under § 16 the following § 16a, including the heading and footnotes
fn. 18 reads:
"§ 16a
Electronic auctions
(1) The auction can be accomplished electronically.
(2) The electronic auction takes place at a public data network where
through technical equipment or software
implements transfer of ownership or other rights, while the auctioneer is obliged to ensure
uniquely identifiable data transfer reports
from auction participants.
(3) The actions taken by the electronic auction may be officially certified signature
replace secure electronic signature issued
accredited certification service provider (
recognized electronic signature) ^ 18).
(4) The electronic auction the auctioneer in the auction notice also provides
A) the method of registration of bidders,
B) the way the electronic auction
C) start and end time of the electronic auction, during which it could raise
filing
D) the method of determining the successful bidder in the case according to § 23 para. 10, § 47 para.
10 and § 47 para. 11, third sentence,
E) the date of exercise of the subscription rights and the method of notification of the decision, whether a pre-emption right
proved.
(5) The electronic auction may only be an auctioneer who meets
conditions pursuant to § 6. 3rd
(6) Other provisions of this Act shall apply to electronic auction
appropriately.
18) of § 11 para. 1 of Act no. 227/2000 Coll., On electronic signature and
amending certain other acts, as amended. ".
8th In § 36 para. 1 the words "or enforceable bailiffs Minutes"
deleted.
9th Footnote. 16 reads:
"16) § 71a-71c of the Act no. 358/1992 Coll., On notaries and their activities
(Notary Act), as amended.".
10th In § 46 para. 1 point. g) the words "enforceable or executory
Companies" are deleted.
Art. XVIII
Transitional provisions
First Auction for the execution of an application was made before the effective date
force of this Act shall be completed pursuant to existing legal regulations
.
Second Involuntary auction may be after the effective date of this Act
also made a proposal to auction creditor whose claim is substantiated
enforceable bailiffs entry, which contains the particulars
stipulated by Act no. 120/2001 Coll., As amended, effective
until the date of this Act.
Third Auctioneer refraining from the auction according to § 46 para. 1 point. g) of Law no. 26/2000
Coll., as amended, effective from the date of entry into force of this Act
if it was the basis for the enforcement of a decision enforceable executory
record, which was written in the last 3 months ago the date of the auction.
PART THIRTEEN
Changing the Road Traffic Act
Art. XIX
Act no. 361/2000 Coll., On road traffic and on amendments to some laws
(Road Traffic Act), as amended by Act no.
60/2001 Coll., Law no. 478 / 2001 Sb., Act no. 62/2002 Coll., Act no. 311/2002 Coll
., Act no. 320/2002 Coll., Act no. 436/2003 Coll., Act no. 53
/ 2004 Coll., Act no. 229/2005 Coll., Act no. 411/2005 Coll., Act no.
76/2006 Coll., Act no. 226/2006 Coll., Act no. 264/2006 Coll., Act no. 342/2006 Coll
., Act no. 170/2007 Coll., Act no. 215/2007 Coll., Act no. 374/2007 Coll
., Law no. 124 / 2008 Coll., Act no. 274/2008 Coll., Act.
480/2008 Coll., Act no. 227/2009 Coll., Act no. 281/2009 Coll., Act no. 424/2010 Coll
., Act no. 133/2011 Coll., Act No. . 297/2011 Coll., Act no. 329/2011 Coll
., Act no. 341/2011 Coll., Act no. 375/2011 Coll., Act no.
18/2012 Coll., Act no. 119/2012 Coll. and Act no. 193/2012 Coll., is amended as follows
:
First In § 82 para. 1 point. f) after the word "vehicles" the words "
is not mandatory in the execution of the suspension of driving privileges."
Second In § 113 at the end of paragraph 1 is replaced by a comma and a letter
e), added:
"E) suspended driving privileges in proceedings under the Enforcement Regulations.".
Third In § 114 paragraph. 1 after the words "§ 95" the words "or ceases to have effect
execution order of execution suspension of driving privileges."
Fourth In § 114 paragraph. 1, "and c)" is replaced by ", c) and e)."
Fifth In § 114 paragraph. 1 after the words "legal force," the words "
after receipt of notice of revocation warrant of execution or termination of execution
suspension of driving privileges."
6th In § 119 at the end of paragraph 2 is replaced by a comma and letter
s), added:
'S) information about the enforcement order on the execution of the suspension of driving privileges
delivered to the registry administrator of drivers. ".
PART FOURTEEN
Amendment to Act no. 119/2001 Coll.
Art. XX
Act no. 119/2001 Coll., Laying down rules for cases simultaneously
ongoing enforcement of judgments, as amended by Act no. 281/2009 Coll. and
Act no. 286/2009 Coll., is amended as follows:
First In § 1 the words "public authority" the words "or
initiated by the bailiff."
Second In § 2. a) the words "vitiate the trial and execution"
replace the word "leadership".
Third In § 2. e) the words "or ordered the execution" are replaced by "
issuing notice of initiation of execution."
Fourth In § 14 paragraph 5 reads:
"(5) The effects of further regulation of executive orders and execution orders in
extent on auctioned property lapse, unless the
decision has been pledged as security if
A) Resolution on the hammer or resolution on předražku came into force and
B) suffered the highest bidder administration or suffered the highest amount
předražku,
Of the day of the event which occurred later. ".
Fifth In § 15, second sentence, the word "Order" is replaced by "a group
order".
6th In § 15, the existing text becomes paragraph 1 and the following
paragraph 2, which reads:
"(2) The schedule will satisfy the authority carrying out the execution, and effectively
expenses incurred by another institution, which hit the same property foreclosures
interrupted by § 14. Finished expenses in the first sentence shall be satisfied in
the same group in which the claim is met in an authorized
interrupted execution, and can meet only if there
satisfy the claim of the claimant. ".
7th Under § 15, the following new § 15a and 15b, which including the title added:
"§ 15a
(1) If no such authority that carried out the execution, despite a call from an authorized
execution unreasonably interrupted for more than three months
act directed to auction the property may be entitled from the interrupted execution seek || | that the execution was carried out, the regulation said.
(2) Resolution pursuant to paragraph 1, the court in whose jurisdiction the property.
Parties to the proceedings are the petitioner and the participants in the execution of which is
implemented. Right of appeal also has the authority whose execution is
conducted, and the authority has continued implementation. These authorities
court delivers the resolution into their own hands. Of the resolution referred to in paragraph 1 shall be interrupted
originally carried out the execution.
(3) The body which carries out the execution, after the invitation under paragraph 1 of this
execution interrupt. The decision shall be delivered to the creditor who filed the challenge, and
body that carried out the execution suspended under § 14 para. 1, which was ordered
to the proposal of the authorized person. After the ruling on
interrupt execution under the first sentence of execution continues executing authority
who led the execution suspended under § 14 para. 1, which was dictated
to the proposal of the claimant who filed the challenge.
(4) if elected body that carries out the execution, the interruption of the execution
under paragraph 3 of the first sentence after the petition of authorized execution
Interrupted according to § 14 para. 1 for executing the writ, the regulation
suggested court proceedings pursuant to paragraph 2 stops.
§ 15b
Property Management
(1) The provisions of § 14 shall apply accordingly to seizures property management
simultaneously affecting the same property.
(2) authorized the execution, in which the proceedings were suspended, a position
further authorized the implementation of the execution, if they register, and the date at which such proposal
reached. ".
8th In § 16a par. 2 point. a) the word "estate" is replaced by
"business".
Art. XXI
Transitional provisions
The provisions of § 2. e) of the Act no. 119/2001 Coll., as amended
effective on the effective date of this Act shall apply in connection with the execution
proceedings conducted under Part Two Art. IV point 1.
PART FIFTEEN
Change Management Act relating to judges, prosecutors and court bailiffs
Art. XXII
Act no. 7/2002 Coll., On proceedings relating to judges, prosecutors and court executors
, as amended by Act no. 151/2002 Coll., Act no. 192/2003
Coll. Act no. 314/2008 Coll. and Act no. 286/2009 Coll., is amended as follows:
First In § 2. a) the words "disciplinary offense ^ 1)" is replaced by "disciplinary offense
^ 1) or disciplinary offense or serious disciplinary offense ^ 9) (hereinafter referred
" disciplinary offense ")".
Footnotes Nos. 1 and 9 are added:
"1) § 87 of Law no. 6/2002 Coll., On Courts, Judges, Lay and
state administration of courts and amending certain other laws (Act on Courts and Judges
), as amended .
Act no. 283/1993 Coll., On the Public Prosecutor, as amended
regulations.
9) Act no. 120/2001 Coll., On Court Executors and Execution
(Enforcement Procedure) and amending other laws, as amended
regulations. ".
Second In § 4b paragraph. 1 third sentence after the word "third" the words "and
fourth."
Third In § 4b paragraph. 1 sentence of the fourth, the words "one person carrying another
legal profession, if registered in the list of assessors for proceedings relating to judges
" is replaced by "one person suggested
Public Defender of Rights" .
Fourth In § 4b paragraph. 4 sentence of the third and fourth sentences are replaced by "For
assessor, who is a lawyer, apply § 4 para. 4 second to fourth sentences
appropriately. At the request of the President of the disciplinary court within the deadline set by its chairman
disciplinary court, which shall not be less than 30 days, the Public Defender of Rights
propose for inclusion in the list of assessors in proceedings for judicial executors 5
assessors; Associate pays for these § 4 para. 4
third and fourth sentences appropriately. Proposed lawyers and those designed
ombudsman ranks chairman of the disciplinary court to the list
other assessors. ".
Fifth In § paragraph 4b. 5, the words "one person exercising another legal profession
, if registered in the list of assessors in proceedings for
Bailiffs" are replaced by "one person suggested
Public Defender of Rights."
Art. XXIII
Transitional provisions
The Ombudsman may propose an Associate pursuant to § 4b paragraph.
4 of Law no. 7/2002 Coll., As amended, effective from the date of entry into force of this Act
, within 2 months from the effective date of this Act.
PART SIXTEEN
Changing the Administrative Procedure
Art. XXIV
In § 7 of the Act no. 150/2002 Coll., Administrative Procedure Code, as amended by Act no. 357/2005 Coll
., Act no. 159/2006 Coll., Act no. 267/2006 Coll. Act no. 216/2008 Coll
. and Act no. 303/2011 Coll., paragraph 3, after the word
'pensions ^ 1) "the words" and in matters of employment protection
workers at the employer's insolvency benefits, state social support
, benefits for persons with disabilities, license
persons with disabilities, allowance for care and benefits in material need
"and the word" residence "the words" or a seat. "
Art. XXV
Transitional provisions
First Things administrative justice in matters of employment, protection
workers at the employer's insolvency
benefits, state social support benefits for people with disabilities, license
persons with disabilities, allowance for care and benefits in || | poverty relief, which was given to the local jurisdiction of the Municipal court in
Prague and which was not decided until the effective date of this Act,
take over and complete the county courts with territorial jurisdiction under § 7 para. 3
Act no. 150/2002 Coll., As amended by this Act; this does not apply if
Prague Municipal Court competent court and in accordance with § 7 para. 3
Act no. 150/2002 Coll., as amended by this Act.
Second In cases where the Supreme Administrative Court overturned
Municipal Court in Prague, which was issued before the effective date of this
Act after the effective date of this Act and referred the matter back for further proceedings
finalize this proceeding the Prague Municipal court, which issued the canceled
decision.
PART SEVENTEEN
Amendment to the Act on public research institutions
Art. XXVI
§ 6 para. 3 point. r) of the Act no. 341/2005 Coll., on public research institutions
, as amended by Act no. 296/2007 Coll., the word "regulation"
replaced by "notification of the launch."
Art. XXVII
Transitional provisions
§ 6 par. 3 point. r) of the Act no. 341/2005 Coll., as amended
effective date of this Act shall apply in connection with the execution
proceedings conducted under Part Two Art. IV point 1.
PART EIGHTEEN
Change Insolvency Act
Art. XXVIII
Act no. 182/2006 Coll., On Bankruptcy and Its Resolution (Insolvency
Act), as amended by Act no. 312/2006 Coll., Act no. 108/2007 Coll., Act
C. 296/2007 Coll., Act no. 362/2007 Coll., Act no. 301/2008 Coll., Act No.
. 458/2008 Coll., Act no. 7/2009 Coll., The Constitutional Court judgment
promulgated under no. 163/2009 Coll., Act no. 217/2009 Coll., Act no. 227/2009
Coll., Act no. 285/2009 Coll., the Constitutional court judgment
promulgated under no. 241/2010 Coll., the Constitutional court ruling, announced
under no. 260/2010 Coll., Act no. 409 / 2010 Coll., Act no. 69/2011 Coll.
Act no. 73/2011 Coll., Act no. 139/2011 Coll., Act no. 188/2011 Coll., Act No.
. 458/2011 Coll., Act no. 466/2011 Coll. and Act no. 167/2012
Coll., is amended as follows:
First In § 109 para. 1, letter c) reads:
"C) the execution of the decision or execution, which affected
assets owned by the debtor, as well as other property belonging to the estate
nature, can order or initiate but can not be done;
to the acts and decisions that contradict not be considered. ".
Second In § 267 paragraph. 1 first sentence, the word "order" the words
"or initiate".
Third In § 267 paragraph. 1, second sentence and § 267 paragraph. 2 second sentence, the word
"execution" is replaced by "execution proposal".
Fourth In § 267 paragraph. 2 first sentence, the word "execute" the words
"or cause".
Fifth In § 285 paragraph. 1 letter a) reads:
"A) the effects of regulation enforcement or execution, delivery effect
instituting the execution and effects of the issued execution orders".
6th In § 411 par. 1, after the word "execution" the words "or launch
execution".
Art. XXIX
Transitional provisions
The provisions of § 285 paragraph. 1 point. a) Act no. 182/2006 Coll., as amended
effective date of this Act shall apply in connection with the execution
proceedings conducted under Part Two Art. IV point 1.
Nineteen
Change the Health Insurance Act
Art. XXX
Act no. 187/2006 Coll., On Sickness Insurance, as amended by Act no. 585/2006 Coll
., Act no. 181/2007 Coll., Act no. 261/2007 Coll., Act No. .
239/2008 Coll., Act no. 305/2008 Coll., Act no. 306/2008 Coll., Act no. 479/2008 Coll
., Act no. 2/2009 Coll., Act no. 41/2009 Coll., Act no. 158/2009 Coll
., Act no. 227/2009 Coll., Act no. 302/2009 Coll., Act no. 303/2009
Coll. Act no. 362/2009 Coll., Act no. 157/2010 Coll., Act no. 166/2010 Coll
., Act no. 347/2010 Coll., Act no. 73/2011 Coll., Act No. .
180/2011 Coll., Act no. 263/2011 Coll., Act no. 341/2011 Coll., Act no. 364/2011 Coll
., Act no. 365/2011 Coll., Act no. 375/2011 Coll., Act no. 458/2011 Coll
., Act no. 470/2011 Coll., Act no. 1/2012 Coll., Act no. 167/2012 Coll
. and Act no. 169/2012 Coll., is amended as follows:
First In § 97 para. 1, the first sentence inserted the sentence "If an employee
writ of enforcement deductions from wages, the employer is obliged
together with the information necessary for calculating levies to pass the district administration
Social Security documents for making deductions from benefits
Insurance; these documents means a copy of the resolution on
a measure of the amount of communication carried out so far and precipitation
communication, what part of the basic amount ^ 73) is not to be district administration
Social Security withheld ^ 74). If the employer has already passed
District Social Security Administration data needed for calculating benefits
and the reason for providing health insurance benefits continues, it is obliged to submit
District Social Security Administration data for
making deductions of health insurance benefits
without undue delay. ".
Footnotes. 73 and 74, added:
"73) § 278 of Civil Procedure.
74) § 293 paragraph. 4 and 5 of the Code of Civil Procedure. ".
Second In § 97 para. 2 the words "and others" are replaced by "third and fourth".
Third In § 109 para. 6 of the final provisions of the word "second"
replaced by the word "fourth".
Fourth In § 116 at the end of paragraph 5 is replaced by a comma and a letter
e), added:
"E) ends when payment of sickness benefits, from which was conducted
enforcement is rainfall, carried
District Social security and employment with wage payer for which the employee was employed
payday benefits sickness insurance continues without undue delay
amount of deductions made so far and an indication of what part of the basic amount
^ 73) should not be withheld by the employer ^ 74); if it was
writ of enforcement rainfall when the local social security
paid sickness benefit, passes after
payment of sickness benefits, from which was conducted performance
decision precipitation, without undue delay
employers also a copy of the writ of execution. ".
Fifth In § 131 paragraph. 1 and § 136 paragraph. 1 at the end of the text of letter f)
words "or sixth."
PART TWENTY
Changing Labour Code
Art. XXXI
In § 147 par. 2 Act no. 262/2006 Coll., The Labour Code, the word
"ordered" the words "or guided."
TWENTY ONE PART
Amendment to Act no. 121/2008 Coll.
Art. XXXII
Act no. 121/2008 Coll., On Higher Court Officials and senior officials
Prosecution and amending related laws,
amended by Act no. 7/2009 Coll. and Act no. 183/2009 Coll., is amended as follows:
First In § 10 paragraph. 1 letter j) shall be deleted.
Existing letter k) is renumbered as subparagraph j).
Second In § 11 point. e) the words "or executor records" are deleted.
Third In § 11 the letter h) the following point i) is added:
"I) deciding on the suspension and postponement of execution, if it is necessary to order
hearing and decision on exclusion bailiff."
Existing letters i) and j) are renumbered j) and k).
Art. XXXIII
Transitional provisions
First § 10 paragraph. 1 point. j) of the Act no. 121/2008 Coll., as amended
effective date of this Act shall apply in connection with the execution
proceedings conducted under Part Two Art. IV point 1.
Second If after the effective date of this Act enforcement order
executor records under § 78 point. a) Act no. 120/2001 Coll., as amended
effective date of this Act, not higher court clerk
decide writ of execution to enforce a pecuniary
performance or to stop the enforcement was not if the proposal submitted
authorized or executor, or if it was against the proposal submitted
appeal.
TWENTY-TWO PART
EFFICIENCY
Art. XXXIV
This Act comes into force on 1 January 2013, except for the provisions of the sixteenth
which comes into force on its publication, the provisions of Part Two
Art. III, paragraph 64, which takes effect on July 1
2013 and the provisions of part One, Article I, para. 78 and part Two, Art. III
point 65, which come into effect on 1 January 2015.
Nemcova vr
Klaus vr
Nečas
