The Amendment Of The Civil And Notarial Procedure And Cust. The Private International Law

Original Language Title: novela občanského a notářského řádu a zák. o mezinárodním právu

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=31546&nr=158~2F1969~20Sb.&ft=txt

158/1969 Coll.



LAW



of 18 May. December 1969



supplementing and amending the code of civil procedure, the notarial procedure and the law on

international private and procedural law



Change: 91/Sb.



The Federal Assembly of the Czechoslovak Socialist Republic has resolved

to this Act:



Article. (I)



The provisions of the code of civil procedure (Act No 99/1963 Coll.) is amended and

shall be added as follows:



1. The provisions of paragraph 8, the words "in particular proceedings are deleted on the work

a dispute in the arbitration body of the revolutionary trade union movement ".



2. section 9 reads as follows:



"section 9



To the proceedings at first instance are the district courts. "



3. section 10 reads as follows:



"§ 10



The county courts adjudicate on appeals against decisions of district courts

and decisions of State notary. "



4. in article 11 (1) 3 the words "Supreme Court" shall be replaced by

"The Supreme Court of the Czechoslovak Socialist Republic".



5. The provisions of § 12 para. 3, the following sentence: "This Is one of the

These courts on the territory of the Czech Socialist Republic and the other on the territory of the

The Slovak Socialist Republic, the Supreme Court decides about the commandments

The Czechoslovak Socialist Republic. "



6. section 13 is repealed.



7. § 16 para. 1 reads as follows:



"(1) whether the judge is disqualified, the superior court decides in the Senate. About

the exclusion of the judges of the Supreme courts of the Republics and the Supreme Court

The Czechoslovak Socialist Republic decides another Chamber of the same

Court. "



8. the provisions of section 17 para. 1 shall be deleted and the deleted paragraph mark

2.



9. section 36:



"§ 36



(1) in proceedings before the Court or a judge shall be decided by the Senate. All

the judges are equal in making decisions.



(2) in matters of work, unless the law provides otherwise, in matters

governed by the Act on the family and decided upon by the Senate always. In the other

matters and decided upon by the President of the Senate, as the sole judge

(single judge). The President of the Senate shall act as a judge and also in

other cases where the law so provides. In all cases where it is

and Chairman of the Board decides, it must the rights that are reserved

the Senate.



(3) in cases where, under the law, the President can act and make decisions

the Senate as a judge, can act and make decisions as a judge and the other

a judge by profession.



(4) otherwise the President of the Chamber, or another judge of the profession itself perform

only such acts, which does not act. "



10. section 67 para. 2 shall be deleted and paragraph 1 shall be deleted.



11. the provisions of section 82 para. 2 is added:



"(2) was preceded by a court if the proceedings before the Commission for labour disputes,

the Court also started the day on which the Court has passed to the thing. "



12. in paragraph 88 (b). g) shall be replaced by the words "arbitration"

the words "the Commission for labour disputes".



13. in paragraph 105 paragraph. 2 the words "Supreme Court" is replaced by

the words "of the Supreme Court of the Czechoslovak Socialist Republic".



14. The provisions of § 108 paragraph. 2 is deleted, and the deleted paragraph mark

1.



15. in article 135 paragraph. 1 the term "offence" shall be replaced by

"misdemeanor".



16. In article 230 para. 2 connects the sentence reads as follows:



"The application may be filed even after the expiry of this period, if the criminal

judgment, on the basis of which it was granted in civil proceedings

the law was later repealed by the criminal law. "



17. § 237:



"§ 237



(1) the complaint is entitled to the Attorney General of the Czechoslovak

Socialist Republic, and in the case of Supreme Court decision

Republic, a regional or District Court (the State

a notary), also Attorney General and Minister of Justice relevant

of the Republic. The complaint shall be discussed by the Supreme Court of the Republic, in the case of

the decision of a regional or County Court (the State

notarial offices), and the Supreme Court of the Czechoslovak Socialist Republic,

If the decision of the Supreme Court of the Republic.



(2) the complaint shall be discussed by the competent court in the Senate. "



18. The provisions of § 245 paragraph. 1 reads as follows:



"(1) to review decisions of other authorities are competent to



and district courts), unless otherwise provided by law,



b) county courts, in the case of decisions in matters of pension schemes

and sickness insurance or, if this is provided for by law,



(c)) the highest courts of the Czech Socialist Republic and Slovak

Socialist Republic of Vietnam, as regards the review of the decision of the Central

bodies of the Czech Socialist Republic or the Slovak Socialist

Republic,



(d)), the Supreme Court of the Czechoslovak Socialist Republic, in the case of

review of the decision of the federal authorities of the Czechoslovak Socialist

of the Republic. "



19. the provisions of section 250:



"§ 250



(1) the decision of the Court is not permitted with the exception of management and recovery

the cases referred to in paragraph 2 nor to the appeal.



(2) in matters of pension it is possible to appeal against the decision of the

the regional court of appeal, which shall be decided by the Supreme Court of the Republic.



(3) Against a final decision it is possible to file a complaint for violation of

of the law. "



20. In paragraph 274 of the provisions of subparagraph (a) shall be deleted. and (b)) and in the provisions. (c))

shall be replaced by the words "arbitration bodies in labour disputes" with the words "the Commission

for labour disputes ".



21. paragraph 275 paragraph 2. 2 is added:



"(2) the application for enforcement of a judgment must be made always in court."



Article II



The provisions of the notarial regulations (Act No. 94/1963 Coll.) is amended as follows:



1. the provisions of section 10, paragraph 1. 1 the first sentence after the semicolon is added:



"If the State notary in the circuits of different district courts, decides

the Supreme Court of the Republic, and if the State notary in the circuits of the United

Socialist Republic and the Slovak Socialist Republic, decides to

The Supreme Court of the Czechoslovak Socialist Republic ".



2. In section 10, paragraph 1. 3 shall be replaced by the words "Supreme Court" by the words "the highest

the Court of the Czechoslovak Socialist Republic ".



3. in section 22 para. 3 shall be replaced by the words "Supreme Court" by the words "the highest

Court of the Republic ".



Article. (III)



cancelled



Article IV



1. Proprietary things about which the proceedings were opened by the local people

the courts, which were not decided on the date when this law takes effect,

remitted to the motion of the Court in whose district was a local people's Court; in

the cases which were the local people's Court has already decided is true of

the appeal of the present regulations, however, the District Court is obliged to decide in

merits of the case.



2. Admissibility of the retrial and complaints for violation of the law for

final arbitration statements shall be assessed as at the decision of the courts.



3. the scope of that under this Act it is for the highest courts

republics and the Supreme Court of the Czechoslovak Socialist Republic,

carries out the day the establishment of these courts, the Supreme Court so far.

While in the Senate decides in this composition, which is prescribed for

the Court, whose function it performs.



4. If the legislation in civilněprocesních talks about the Supreme Court,

This means according to the nature of the case, the Supreme Court of Czechoslovakia

the Socialist Republic, the Supreme Court of the Czech Socialist Republic

or the Supreme Court of the Slovak Socialist Republic; If you are talking about

the General Procurator, this means according to the nature of the case, the General

the Czechoslovak Socialist Republic Prosecutor, Attorney General

Czech Socialist Republic or the Attorney General of the Slovak

the Socialist Republic.



5. If the scope of the Supreme courts of the Republics and the Supreme Court

The Czechoslovak Socialist Republic to exercise Highest so far

the President of the Court, it may be administered in cases concluded before a final

at the beginning of this Act a complaint for violation of the law.



6. the provisions of section 365 shall apply mutatis mutandis to the decision of the local

people's courts and the settlements they approved and the decision of the arbitration authorities

in business matters and settlements approved by them, released before the start of

the effectiveness of this Act.



Article. In



This Act shall take effect on 1 January 2000. January 1970.



Freedom in the r.



Dr. Hanes in r.



ing. Černík in r.