To Change The Laws In The Context Of. Effective With The Recodification Of The Rights

Original Language Title: změna zákonů v souvis. s účinností rekodifikace soukromého práva

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=83937&nr=87~2F2015~20Sb.&ft=txt

87/2015 Sb.



LAW



of 19 December 2003. March 2015,



amending certain laws in the context of recodification of the efficiency

private law



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment of the law on court fees



Article. (I)



Act No. 553/1991 Coll. on court fees, as amended by Act No.

271/1992 Coll., Act No. 273/1994 Coll., Act No. 36/1995 Coll., Act No.

118/1995 Coll., Act No. 160/1995 Coll., Act No. 151/1997 Coll., Act No.

209/1997 Coll., Act No. 227/1997 Coll., Act No. 101/2000 Coll., Act No.

155/2000 Coll., Act No. 242/2000 Coll., Act No. 257/2000 Coll., Act No.

452/2001 Coll., Act No. 151/2002 Coll., Act No. 309/2002 Coll., Act No.

192/2003 Coll., Act No. 561/2004 Coll., Act No. 628/2004 Coll., Act No.

357/2005 Coll., Act No. 72/2006 Coll., Act No. 112/2006 Coll., Act No.

115/2006 Coll., Act No. 159/2006 Coll., Act No. 189/2006 Coll., Act No.

296/2007 Coll., 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 No.

427/2010 Coll., Act No. 218/2007 Coll., Act No. 303/2007 Coll., Act No.

457/2011 Coll., Act No. 458/2011 Coll., Act No. 19/2009 Coll., Act No.

202/2012 Coll., Act No. 396/2009 Coll., Act No. 404/2012 Coll., Act No.

45/2013 Coll., Act No. 167/2013 Coll., Act No. 293/2013 Coll. and Act No.

335/2014 Coll., is amended as follows:



1. In paragraph 1, at the end of subparagraph (b)) the dot replaces the comma and the following

subparagraph (c)), which read as follows:



"(c)) the minutes the fact in the register made by a notary on

the request of the person entitled to its use. ".



2. In article 2 (2). 1 at the end of paragraph (e)) the comma is replaced by a dot and the

the letter f) shall be deleted.



3. in article 2, the following paragraph 10 is added:



"(10) the registration fee payable by the fact in the public register

executed by a notary is the person on whose application the registration is performed. ".



4. in article 3, the following paragraph 6 is added:



"(6) in matters of fees for registration of fact in a public register

executed by a notary is competent regional court, in whose district is a General

the Court of the person to whom the registration in the public register refers to. ".



5. in paragraph 4, the following paragraph 3 is added:



"(3) if the fee for the registration of the fact in a public register

executed by a notary, arises at the moment of submission of the application fee obligation

the notary person entitled to its use. ".



6. In paragraph 5, the word "acts", the words "and the registration fee

fact in a public register conducted by the notary ".



7. In article 7 (2). 1 the first sentence after the word "Fee" the words ", with the

except for the registration fee of the fact to the public register conducted by the

notary public, ".



8. in paragraph 7 the following new section 7a, which including the title:



"§ 7a



The selection and payment of the registration fee of the fact in a public register

executed by a notary



(1) the fee for the registration in the public register really made

the notary collects and diverts the payer of royalty, which is a notary, which write

performs.



(2) the payer of the fee the registration fee is required to really

public register conducted by a notary from the taxpayer, within 10

days after the submission of the application for the notary person entitled to its use.



(3) funds in the amount of selected registration fee in the public

Register conducted by the notary, pastes or converted to a separate account in the

Czech Crowns in the Bank in savings and cooperative or úvěrním

Foreign Bank, which has its registered office in the territory of a Member State of the European Union

or the State of the formation of the European economic area, to be used solely for

this purpose, the owner of which is the fee payer.



(4) the fee Payer is liable to fee fee Manager to 15

days after registration. ".



9. in section 8 shall at the end of paragraph 4, the following sentence "the registration fee

fact in a public register, a notary cannot be made to pay

kolkovými signs. ".



10. in section 9, the following paragraph 10 and 11 shall be added:



"(10) unless the registration fee payable by the fact to the public

Register conducted by the notary fee paid to the payer and the payer of the fee

as a result, this charge is not selected, this registration fee payer

It does not make.



(11) if the payer of the registration fee of the fact in a public register

executed by a notary in arrears for more than 4 working days following the date of

the due date under section 7A(1). 4, impose a fee to pay Manager

unpaid portion of a fee decision, and provides for an increase in

the charge, in the amount of 20% of the unpaid part of the fee; This increase is

accessories in pursuit of his destiny fee. ".



11. in section 10, the following paragraph 11, which read:



"(11) if the fee for the registration of the fact in a public register

executed by a notary, fee obligation shall cease, if the registration is not

executed. If the fee payer from the taxpayer is selected, return it to the

the payer of the charge the taxpayer. "



12. In article 11 (1) 1 at the end of the text of the letter b), the words ",

unemployment benefits, retraining, support and compensation and

benefits of foster care ".



13. in paragraph 11 (1) 1, the following point (j)) the following new subparagraph to), which read as follows:



"to write data on the Association), filial of the Association, a Trade Union,

International Trade Union, employers ' organization and

international organisation of employers and their auxiliary organization

the Foundation Endowment Fund of the Institute and a public benefit company in the

the public register or changes ".



Letters to) and m) are known as the letter l) to (n)).



14. in section 11 (1) 2 (a). (e)), after the word "worker" shall be replaced

"or service".



15. In article 11 (1) 2 letter u) is added:



"with) a Trade Union, an international trade union organization, organisation

of employers and the international organization of employers or their

Auxiliary of the Organization in matters of registration of their creation, modification and termination of the

public register. ".



16. in paragraph 11 (1) 5, the first sentence shall be inserted after the phrase "exemption under

paragraph 1 (b). g), k) and (l)) and the exemption referred to in paragraph 2 shall

and the fee for the registration in the public register really made

a notary. ".



17. In annex V, item 11 is at the end of paragraph 1, the following point (d)),

added:



"(d)) for the registration of a company duly established Corporation made

before writing a business Corporation in a public register of CZK 1 000 ".



18. At the end of the annex shall be added to item 39, including the title reads as follows:

"The registration fee of the fact in a public register

executed by a notary

Item 39

1. For the registration of fact made in the public register

a notary

and write) for the first joint-stock company

in a public register 8 000 CZK

(b)) for the first registration of a person in the public

the register, with the exception of stock

the company or association 2 700 Czk

(c)) for changes or additions to 1 000 CZK



2. the fee referred to in point 1 (b). (c) the application is selected)

only once regardless of the number of the changing

or for the facts contained in the application.

The change means the request for cancellation and the fact

and write new information on legal

persons or only a request for cancellation of the fact

If it is not replaced by another of the facts, or

only a request for registration of the make-up of the fact

It does not replace a different reality. The change does not imply

application for cancellation of legal person of the public

the register.



3. the fee referred to in this item is not selected for the registration

fact in a public register executed by a notary

upon request, contributory organization

set up by the territorial Government. ".



Article. (II)



Transitional provision



For proceedings initiated before the date of entry into force of this Act shall be

It's the Act No. 549/1991 Coll., in the version in force prior to the date of acquisition

the effectiveness of this Act.



PART TWO



To change the code of civil procedure



Article. (III)



In § 9 para. 2 of the Act No. 99/1963 Coll., the code of civil procedure, as amended by

Law No. 158/1969 Coll., Act No. 519/1991 Coll., Act No. 24/1993 Coll.

Act 160/1995 Coll., Act No. 227/1997 Coll., Act No. 30/2000 Coll.

Act No. 46/2000 Coll., Act No. 231/2001 Coll., Act No. 273/2001 Coll.,

Act No. 151/2002 Coll., Act No. 112/2006 Coll., Act No. 189/2006 Coll.

Law No. 404/2012 Coll. and Act No. 293/2013 Coll., on the end of the text

the letter l), the words ", with the exception of disputes about the contributions of members

the owners of the House and land management, disputes about the advance on

reimbursement for services, and how to price the services breakdown ".



Article. (IV)



Transitional provision



To determine the substantive jurisdiction in the proceedings that were initiated prior to the

the effective date of this Act, the Act No. 99/1963 Coll.,

in the version in force before the date of entry into force of this Act.



PART THREE



Amendment of the Act on special procedures of judicial



Article. In



Act No. 292/2013 Coll., on special procedures, the Court, shall be amended as follows:



1. In § 108 paragraph. 1, point (b)) the following new point (c)), which read as follows:



"(c)) the surviving spouse who acquires property under an agreement approved

Court under section 162 para. 1 or on the basis of the settlement of the Court

pursuant to section 162 para. 2, if the management of the estate stopped under section

153 or 154, ".




Letter c) is renumbered as paragraph (d)).



2. In § 108 paragraph. 1 (b). (d)), the words "or (b))" shall be replaced by "to (c))".



3. in part two, title IV, part 8, the following is inserted before the section 354 section 353a,

that including the title reads as follows:



"section 353a



The local jurisdiction



(1) for the management of the competent ordinary court lien debtor.



(2) instead of to the Court referred to in paragraph 1, the competent court in

whose area is the immovable collateral, where the control rights to it. ".



4. In paragraph 458, "445" is replaced by "467".



Article. (VI)



Transitional provision



For determining territorial jurisdiction in the proceedings that were initiated prior to the

the effective date of this Act, applies Law No. 292/Sb.

in the version in force before the date of entry into force of this Act.



PART FOUR



To change the code of civil procedure of the administrative



Article. (VII)



In § 7 para. 3 and § 31 para. 2 Act No. 150/2002 Coll., the civil procedure

the Board, in the wording of Act No. 435/2004 Coll., Act No. 350/2005 Coll.

Act No. 361/2005 Coll., Act No. 112/2006 Coll., Act No. 165/2006 Coll.

Act No. 189/2006 Coll., Act No. 262/2006 Coll., Act No. 303/2006.

and Act No. 396/2012 Coll., the words ' the State social support, "

the words "benefits of foster care,".



Article. (VIII)



Transitional provisions



1. for determining territorial jurisdiction in proceedings in matters of benefits foster

care, which began before the date of entry into force of this Act,

It's the Act No. 150/2002 Coll., in the version in force prior to the date of acquisition

the effectiveness of this Act.



2. In cases in which the Supreme Administrative Court annulled the decisions of the municipal

Court of benefits in cases of foster care, which was released prior to the

the effective date of this Act, after the date of entry into force of this

law and the thing he came back for further proceedings, completes this Urban Management

the Court in Prague.



PART FIVE



Amendment of the Act on public registers of legal entities and natural persons



Article. (IX)



Act No 304/2013 Coll. on public registers of legal and physical

people, shall be amended as follows:



1. In article 114, paragraph 1, the following paragraph 2 is added:



"(2) the notary documents submitted in paper form and

that is not the collection of documents, converted into electronic form and

without undue delay, send the competent court is rejstříkovému. ".



The former paragraph 2 becomes paragraph 3.



2. In section 114 is at the end of the text of paragraph 3, the words "and 2".



PART SIX



The EFFECTIVENESS of the



Article. X



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

following the date of its publication.



Hamáček in r.



Zeman in r.



Sobotka in r.