To Change The Code Of Civil Procedure And Change The Enforcement Code

Original Language Title: změna občanského soudního řádu a změna exekučního řádu

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=84306&nr=164~2F2015~20Sb.&ft=txt

164/2015 Sb.



LAW



of 17 May. from 1 June 2015,



amending the Act No. 99/1963 Coll., the code of civil procedure, as amended by

amended, and Act No 120/2001 Coll., on judicial executors and

enforcement activities (execution order) and amending other laws, as amended by

amended



Parliament has passed the following Act of the United States:



PART THE FIRST



To change the code of civil procedure



Article. (I)



Act No. 99/1963 Coll., the code of civil procedure as amended by Act No. 36/1967

Coll., Act No. 158/1969 Coll., Act No. 50/1973 Coll., Act No. 20/1975

Coll., Act No. 135/1982 Coll., Act No. 180/1990 Coll., Act No. 328/1991

Coll., Act No. 519/1991 Coll., Act No. 263/1992 Coll., Act No. 24/1993

Coll., Act No. 171/1993 Coll., Act No. 114/1994 Coll., Act No. 152/1994

Coll., Act No. 216/1994, Coll., Act No. 84/1995 Coll., Act No. 118/1995

Coll., Act No. 160/1995 Coll., Act No. 237/1995 Coll., Act No. 247/1995

Coll., Constitutional Court, declared under no. 31/1996 Coll., Act No.

142/1996 Coll., Constitutional Court, declared under no. 269/1996 Coll.,

Act No. 202/1997 Coll., Act No. 227/1997 Coll., Act No. 15/1998 Coll.,

Act No. 91/1998 Coll., Act No. 167/1998 Coll., Act No. 326/1999 Coll.

Act No. 360/1999 Coll., Constitutional Court, declared under no.

2/2000 Coll., Act No. 27/2000 Coll., Act No. 30/2000 Coll., Act No.

46/2000 Coll., Act No. 105/2000 Coll., Act No. 130/2000 Coll., Act No.

155/2000 Coll., Act No. 204/2000 Coll., Act No. 220/2000 Coll., Act No.

227/2000 Coll., Act No. 367/2000 Coll., Act No. 366/2000 Coll., Act No.

120/2001 Coll., Act No. 137/2001 Coll., Act No. 231/2001 Coll., Act No.

273/2001 Coll., Constitutional Court, declared under no. 276/2001 Coll.

Act No. 311/2001 Coll., Act No. 451/2001 Coll., Act No. 491/2001 Coll.

Act No. 501/2001 Coll., Act No. 151/2002 Coll., Act No. 202/2002 Coll.

Act No. 229/2002 Coll., Act No. 309/2002 Coll., Act No. 320/2002 Coll.

Constitutional Court, declared under no. 476/2002 Coll., Act No.

88/2003 Coll., Act No. 120/2004 Coll., Constitutional Court,

the declared under no. 153/2004 Coll., Act No. 235/2004 Coll., Act No.

257/2004 Coll., Act No. 340/2004 Coll., Act No. 435/2004 Coll., Act No.

501/2004 Coll., Act No. 554/2004 Coll., Act No. 561/2004 Coll., Act No.

628/2004 Coll., Act No. 59/2005 Coll., Act No. 170/2005 Coll., Act No.

205/2005 Coll., Act No. 216/2005 Coll., Act No. 340/2005 Coll., Act No.

377/2005 Coll., Act No. 383/2005 Coll., Act No. 413/2005 Coll., Act No.

56/2006 Coll., Act No. 57/2006 Coll., Act No. 79/2006 Coll., Act No.

112/2006 Coll., Act No. 115/2006 Coll., Act No. 115/2006 Coll., Act No.

133/2006 Coll., Act No. 135/2006 Coll., Act No. 135/2006 Coll., Act No.

189/2006 Coll., Act No. 216/2006 Coll., Act No. 233/2006 Coll., Act No.

264/2006 Coll., Act No. 262/2006 Coll., Act No. 309/2006 Coll., Act No.

315/2006 Coll., Act No. 296/2007 Coll., Act No. 104/2008 Coll., Act No.

123/2008 Coll., Act No. 126/2008 Coll., Act No. 129/2008 Coll., Act No.

259/2008, Coll., Act No. 274/2008 Coll., Act No. 297/2008 Coll., Act No.

305/2008 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., Constitutional Court, declared under no 48/2010 Coll.,

Act No. 347/2010 Coll., Act No. 409/2010 Coll., Act No. 69/2007 Coll.

Constitutional Court, declared under no 80/2011 Coll., Act No.

139/2011 Coll., Act No. 186/2007 Coll., Act No. 188/2007 Coll., Act No.

218/2007 Coll., Act No. 355/2007 Coll., Act No. 364/2011 Coll., Act No.

420/2010 Coll., Act No. 458/2011 Coll., Act No. 470/2011 Coll., the award

The Constitutional Court declared under No 147/2009 Coll., Act No. 167/2012

Coll., Act No. 202/2012 Coll., Act No. 334/2012 Coll., constitutional

the Court declared under no. 369/2012 Coll., Act No. 396/2009 Coll., Act

No 399/2009 Coll., Act No. 401/2009 Coll., Act No. 404/2012 Coll., Act

No 45/2013 Coll., Act No. 241/2013 Coll., Act No. 293/2013 Coll., Act

No 252/2014 Coll., Act No. 87/2015 Coll. and Act No. 139/2015 Sb,

be amended as follows:



1. In § 261 para. 1 sentence of the fifth, the word "and" is replaced by a comma and the words

"to be a claim written off" with the words "and the account number

authorized by financial institution ".



2. In article 299 para. 1 the introductory part, the words ' the provisions of the working

the activities of "the words" or agreement for work ".



3. In article 299 para. 1 at the end of subparagraph (j)) is replaced by a comma and dot

the following points (k)), and l) are added:



"the contribution of soldiers from výsluhový) profession or members

security forces,



l) supplement to the pension to alleviate some of the grievances caused by

the Communist regime in the area of social and the supplement to the pension and

special contribution to income under the law governing the valuation of

participants in the national struggle for the liberation of Czechoslovakia and the formation and

some of the survivors after them. ".



4. In section 304, at the end of the text of paragraph 3, the words "shall be added; This does not apply in

case of payment whose purpose is the fulfilment of the duties to be recovered on account

authorized or bailiff opened with the financial institution ".



5. In article 322 paragraph. 1, after the words "ownership of the debtor" shall be replaced

"or in the common assets of the debtor and his spouse" and the words "moral

the rules "shall be replaced by the words" good manners and the number and value of

corresponds to the usual wealth ".



6. In article 322 paragraph 2 reads as follows:



"(2) for the enforcement of decisions are excluded, in particular, these things in

ownership of the debtor or jointly owned principal and his spouse:



and normal clothing) components, including clothing and footwear,



(b)) to the normal household items, particularly the bed, table, chairs, kitchen

the line, kitchen tools and utensils, fridge, stove, cooker, washing machine,

heating, fuel, blanket and bed linen, if the value of such

things obviously does not exceed the price of normal household items,



(c)) of the education and religious literature, school supplies and children's toys,



d) wedding ring, documents of a personal nature, picture frames and picture

and audio recordings relating to the statutory or members of his family and media

records data, if such records cannot be transferred to another carrier

data, and other articles of a similar nature,



e) medical supplies and other things, that a compulsory or a member of his

household needs due to their disease or physical defect



(f) the amount of cash) corresponding to twice the minimum

individuals under special legislation ^ 80 c)



g) animals for which the economic effect is not the main purpose of breeding and that

serve man as his companion. ".



7. in paragraph 3 of section 325b reads as follows:



"(3) for the apartment and other rooms he who performs performance

the decision takes the audio-visual recording. Must be present

the person briefed at the start of the tour. ".



8. In paragraph 333 para. 1 the words "(a). (d)) "shall be replaced by" subparagraph (a). (f)) ".



9. In paragraph after paragraph 1 336i the following paragraph 2 is added:



"(2) the Court stops the execution of the decision, the selling of immovable property in which it has

principal place of residence, if the above claims, those

who in the management proceeded as additional privileges, and the registered creditors

the statutory negotiations at the time of the initiation of the escrow does not exceed 30 000 CZK

without accessories. This does not apply in the case of the maintenance claim or the

claim compensation for the injury caused to the victim bodily harm or

criminal offence or would be contrary to good morals. "



Paragraphs 2 to 4 shall become paragraphs 3 to 5.



10. In section paragraph 336i 4, the words "paragraph 2" shall be replaced by "paragraph

3. "



11. in section 336 m para. 4, the words "§ 336i para. 3 and 4 "shall be replaced by the words" §

336i para. 4 and 5 ".



Article. (II)



Transitional provisions



1. unless otherwise stipulated, the provisions of the code of civil procedure

the version in force from the date of entry into force of this Act and for the management of

initiated before the date of entry into force of this Act; legal effects

the acts that have occurred in the proceedings before the date of entry into force of this

law, are maintained.



2. in the proceedings for enforcement of the claim of the commandments výsluhového

post, a supplement to the pension to alleviate some of the grievances caused by

the Communist regime in the area of social, the supplement to the pension or

special contribution to income under the law governing the valuation of

participants in the national struggle for the liberation of Czechoslovakia and the formation and

some of the survivors after them, where before the date of entry into force of

This Act has not been issued a resolution on regulation of the enforcement of decisions,

the Court will decide an enforcement order in výsluhového

post, a supplement to the pension to alleviate some of the grievances caused by

the Communist regime in the area of social, the supplement to the pension or

special contribution to income under the law governing the valuation of

participants in the national struggle for the liberation of Czechoslovakia and the formation and

some of the survivors. In the proceedings for enforcement


commandments of výsluhového claims, a supplement to the pension contribution to

alleviate some of the grievances caused by the Communist regime in the area of

social, a supplement to the pension or the special contribution to income pursuant to

the law governing the award of the participants of the national struggle for the emergence and

the liberation of Czechoslovakia and some survivors, in which

before the date of entry into force of this Act has been issued a resolution on the

enforcement in the enforcement of the decision continues as

the provisions of § 276 et seq.. Code of civil procedure concerning the regulation of performance

the decision in výsluhového, the supplement to the pension contribution to

alleviate some of the grievances caused by the Communist regime in the area of

social, a supplement to the pension or the special contribution to income pursuant to

the law governing the award of the participants of the national struggle for the emergence and

the liberation of Czechoslovakia and some of the survivors.



3. in the proceedings for enforcement of the judgment by selling of movable assets, in which

before the date of entry into force of this Act, the scope of inventory

goods excluded from enforcement be assessed according to the existing

legislation.



PART TWO



Change the enforcement code



Article. (III)



Act No 120/2001 Coll., on judicial executors and enforcement activities

(enforcement procedure) and amending other laws, as amended by Act No. 6/2002 Coll.

Act No. 279/2003 Coll., Act No. 360/2003 Coll., Act No. 53/2004 Coll.

Act No. 256/2004 Coll., Act No. 283/2004 Coll., Act No. 499/2004 Coll.

Act No. 501/2004 Coll., Act No. 377/2005 Coll., Act No. 57/2006 Coll.

Act No. 70/2006 Coll., Act No. 79/2006 Coll., Act No. 135/2006 Coll.

Act No. 253/2006 Coll., Act No. 296/2007 Coll., Act No. 347/2007 Coll.

Act No. 254/2008 Coll., Act No. 259/2008, Coll., Act No. 274/2008 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., Act No. 428/2007 Coll., Act No. 513/91 Coll.,

Act No. 396/2009 Coll., Act No. 45/2013 Coll., Act No. 170/Sb.

Act No. 256/2013 Coll., Act No. 303/2013 Coll., legal measures

The Senate no 340/2013 Coll., legal measures the Senate no 344/2013 and

Act No. 139/2015 Coll., is amended as follows:



1. In article 7 (2). 1 the words "and over the activities of an executor under section 74 para. 1

(a). (c)) and § 76a "shall be replaced by" over the activities of bailiff pursuant to § 74

paragraph. 1 (b). (c)) and § 76a and over the handling of a special account under section 46

paragraph. 5 or over the management of the funds in a special account ".



2. In article 7 (2). 3 (b). e), the words "after prior notification to the Court

the bailiff or his representative, that is the direction of the authority in charge "

shall be deleted.



3. In article 7 (2). 3 at the end of paragraph (e) is replaced by a comma and dot)

the following point (f)), which read as follows:



"(f)) of access to the documents and the information systems of executor, which contain

details of the handling of special account pursuant to § 46 para. 5 or on the

the management of the funds in a special account, the purchase of these listings and

image. ".



4. In article 7 (2). 4 (b). a) after the word "documents", the words "or

the information referred to in paragraph 3 (b). (f)) ".



5. In Section 7a, the word "executor", the words "minor flaws

in the activity of the bailiff of the candidate (hereinafter referred to as "candidate") or

as an associate of the bailiff (hereinafter referred to as the "lawyer") and "after the word

"executor", the words ", or koncipientovi" candidate.



6. In Section 7a, the present text shall become paragraph 1 and the following

paragraph 2, which reads as follows:



"(2) unless it is that the executor has carried out all the measures that can be

reasonably required for the proceedings of the bailiff to the authority under section 13 of the

paragraph. 1, makes his own Ministry, Chamber or the President of the District Court

executor even minor deficiencies in the activities or minor misdemeanors in

the behavior of the candidate or as an associate, who are its employees. ".



7. § 9 para. 2, § 16 para. 2, § 17 para. 3 and section 124 c para. 1 (b).

(d)), the word "bailiff" is deleted.



8. in section 17(2). 2 the term "exekutorským" is deleted.



9. in section 17(2). 4, the words "Executory candidate" shall be replaced by

"The candidate".



10. in section 18 para. 1 (b). (b)), the word "executory" is deleted.



11. The heading above paragraph 19 reads: "Clerk".



12. in section 19 para. 1 the words "Executory clerk (hereinafter referred to as

"clerk") "shall be replaced by" an associate ".



13. in paragraph 22 of the paragraph. 1 (b). (g)) and § 23 paragraph 1. 1 the word "bailiffs '"

repealed.



14. The heading above paragraph 23 reads as follows: "the candidate".



15. in paragraph 1 of article 23. 1 the words "Executory candidate (hereinafter referred to as

"the candidate") "shall be replaced by the word" Candidate ".



16. in § 44a para. 2 and 3, § 46 para. 6, § 54 para. 5 and § 69 para. 1

the words "§ 47 para. 5 "shall be replaced by the words" § 47 para. 6. "



17. § 46 para. 8, the words "§ 47 para. 6 "shall be replaced by the words" § 47 para.

7. "



18. In article 47, paragraph 2, the following paragraph 3 is added:



"(3) For the purposes of paragraph 2 (a). (d)) is not the execution action taken

to ensure the debtor's assets for the purposes of his disability, such

execution. ".



Paragraphs 3 to 6 shall become paragraphs 4 to 7.



19. in paragraph 48 of the text at the end of subparagraph (f)), the words "and the account number

authorized or bailiff held with the financial institution, if the number is

account needed to conduct the execution. "



20. In § 49 paragraph 1. 3, after the words "or notify" the words "or

the data file containing the information about the change or cancellation of enforcement

the command ".



21. in § 58 paragraph 2 reads as follows:



"(2) it is not sufficient if one of the ways to satisfy the faggots

authorized, the execution in one execution proceedings to make multiple

ways, or even all the legal ways. For the implementation of

execution of multiple or all legal ways you can proceed

at the same time or sequentially. Unless it's the purpose of the execution, the execution

requiring payment of an amount of money gradually



and claims from the commandments) account with a financial institution, and is not sufficient to

it, then the husband's account receivable arising from the commandments of compulsory for money

of the Institute,



(b)) other monetary claims statutes with the exception of trade receivables

supplementary pension or supplementary pension savings, disability

other proprietary rights, and deductions from wages and other income, the Administration

of immovable property or the suspension of the driver's licence is not sufficient to

How to perform a execution pursuant to point a),



(c) sale of movable assets), the sale of immovable property, which required

not used to living themselves and their families, disabilities, race, or

commandments of supplementary pension insurance claims or supplementary

pension savings, it is not sufficient if the way of performing the execution according to the

letters and) and (b)), and



(d) the sale of the immovable property), which the debtor used to housing for themselves and their

the family sufficient way of performing executions in accordance with subparagraphs) up to

c).“.



22. in paragraph 58, at the end of paragraph 3 the following sentence "on a proposal from the statutory

or with his consent can be performed also in the execution of a different order than the

paragraph 2 (a). a) to (d)). ".



23. in section 113a of the paragraph. 3 (b). and), the word "enforcement" is deleted.



Article. (IV)



Transitional provisions



1. unless otherwise stipulated, the provisions of the enforcement order and civil

the rules of court, in the version in force from the date of entry into force of this Act, and

for proceedings initiated before the date of entry into force of this Act; legal

the effects of the acts that have occurred in the proceedings before the date of entry into force of this

law, are maintained.



2. in the case of proceedings in which, before the date of application of this

the law has been issued an enforcement order to the commandment to receivables from výsluhového

post, a supplement to the pension to alleviate some of the grievances caused by

the Communist regime in the area of social, the supplement to the pension or

special contribution to income under the law governing the valuation of

participants in the national struggle for the liberation of Czechoslovakia and the formation and

some of the survivors after one such execution this revenue affecting

from the date of entry into force of this Act also made according to the editing

Code of civil procedure for the enforcement of the decision in výsluhového

post, a supplement to the pension to alleviate some of the grievances caused by

the Communist regime in the area of social, the supplement to the pension or

special contribution to income under the law governing the valuation of

participants in the national struggle for the liberation of Czechoslovakia and the formation and

some of the survivors after them, as amended by this Act. Effects of the issued

order execution are maintained.



3. in the case of proceedings in which it was before the date of entry into force of

This Act made an inventory of the movable property, with the range of goods excluded

from execution shall be assessed in accordance with the existing legislation.



4. the candidate or koncipientovi can be saved if the complaint to

minor shortcoming in the activity or conduct small-scale hung in

from the date of entry into force of this Act.



5. in proceedings initiated before the date of entry into force of this Act shall be

shall proceed pursuant to section 58 of the Act No. 120/2001 Coll., in the version in force prior to the

the effective date of this Act.




PART THREE



The EFFECTIVENESS of the



Article. In



This Act shall take effect on the first day of the second calendar month

following its publication, with the exception of the provisions of part two of the article.

(III) point 20 in terms of § 49 paragraph 1. 3, which shall enter into force on 1 January 2000.

January 2016.



Hamáček in r.



Zeman in r.



Sobotka in r.