59/2005 Sb.
LAW
of 5 April 2004. January 25, 2005
amending the Act No. 99/1963 Coll., the code of civil procedure, as amended by
amended, and certain other laws
Change: 256/Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
To change the code of civil procedure
Article. (I)
Act No. 99/1963 Coll., the code of civil procedure as amended by Act No. 36/1967
Coll., Act No. 158/1969 Coll., Act No. 50/1973 Coll., Act No. 20/1975
Coll., Act No. 135/1982 Coll., Act No. 180/1990 Coll., Act No. 328/1991
Coll., Act No. 519/1991 Coll., Act No. 263/1992 Coll., Act No. 24/1993
Coll., Act No. 171/1993 Coll., Act No. 114/1994 Coll., Act No. 152/1994
Coll., Act No. 216/1994, Coll., Act No. 84/1995 Coll., Act No. 118/1995
Coll., Act No. 160/1995 Coll., Act No. 237/1995 Coll., Act No. 247/1995
Coll., Constitutional Court declared under no. 31/1996 Coll., Act No.
142/1996 Coll., the Constitutional Court declared under no. 269/1996 Coll.,
Act No. 202/1997 Coll., Act No. 227/1997 Coll., Act No. 15/1998 Coll.,
Act No. 91/1998 Coll., Act No. 167/1998 Coll., Act No. 326/1999 Coll.
Act No. 360/1999 Coll., the Constitutional Court declared under no.
2/2000 Coll., Act No. 27/2000 Coll., Act No. 30/2000 Coll., Act No.
46/2000 Coll., Act No. 105/2000 Coll., Act No. 130/2000 Coll., Act No.
155/2000 Coll., Act No. 204/2000 Coll., Act No. 220/2000 Coll., Act No.
227/2000 Coll., Act No. 367/2000 Coll., Act No. 366/2000 Coll., Act No.
120/2001 Coll., Act No. 137/2001 Coll., Act No. 231/2001 Coll., Act No.
273/2001 Coll., the Constitutional Court declared under no. 276/2001 Coll.
Act No. 311/2001 Coll., Act No. 451/2001 Coll., Act No. 491/2001 Coll.
Act No. 501/2001 Coll., Act No. 151/2002 Coll., Act No. 202/2002 Coll.
Act No. 229/2002 Coll., Act No. 309/2002 Coll., Act No. 320/2002 Coll.
Constitutional Court declared under no. 476/2002 Coll., Act No.
88/2003 Coll., Act No. 120/2004 Coll., the Constitutional Court declared
under Act No. 153/2004 Coll., Act No. 235/2004 Coll., Act No. 256/2004 Coll.,
Act No. 340/2004 Coll., Act No. 435/2004 Coll., Act No. 501/2004 Coll.
Act No. 561/2004 Coll., Act No. 561/2004 Coll. and Act No. 633/2004
Coll., is amended as follows:
1. In section 16b, the text "§ 221 para. 1 (b). (b)) "is replaced by the text" section 219a
paragraph. 1 (b). and) ".
2. In section 38b is the second sentence be deleted.
3. in section 40 para. 1 the first sentence, after the words "evidence"
the words "or announce decisions".
4. In paragraph 41a is inserted after paragraph 2, a new paragraph 3 is added:
"(3) the action of a party that is not permissible, in the proceedings
be disregarded. ".
The former paragraph 3 shall become paragraph 4.
5. In section 74 para. 2, after the word "are", the words "the claimant and".
6. section 75 as follows:
"§ 75
(1) interim measures under section 76a of the Senate, the President may order only
the proposal of the municipality with extended competence. Other interim measures ordering
on a proposal from the President of the Senate; the proposal is not necessary in the case of preliminary
management measures that the Court may initiate without an application.
(2) the application for interim measures pursuant to § 76 shall, in addition
General requirements (section 42 (4)) contain the name, surname and
residence of participants (business name or the name and address of the legal person,
indication of the State and the relevant organizational units of the State, which stand before the
the Court acts), or their representatives, of the facts
that it is necessary that the participants were provisionally revised ratios, or that
There is a concern that the execution of the Court decision has been threatened, presentation
the facts which justify the interim measure, and it must be
the helmet out of a provisional measure, the appellant seeks; in matters of
arising from business relationships must also include
the identification number of the legal person, natural person's identification number,
that is an entrepreneur, or any other particulars necessary to identify the
Parties to the proceedings.
(3) the application for interim measures pursuant to § 76a shall contain, in addition to
General requirements (section 42 (4)) name of a minor child's name,
occupation and place of residence of the other participants, if they are known to the applicant,
Summary of the facts justifying the preliminary
measures, the designation of the person to be transferred to the care of the child, and must
it be perceptible, that is seeking an interim measure under section 76a.
(4) the applicant is obliged to attach to the draft of the Charter, to which the
relies on. ".
7. the following paragraph shall be inserted after paragraph 75a 75b and 75 c a shall be inserted:
"§ 75b
(1) in order to ensure compensation for damage or other injury arising
a provisional measure, the applicant is required to pass no later than
the same day it filed to the Court, an interim measure
a security of Eur 50 000 and commercial matters in the amount of 100 000 €.
If the proposal submitted for interim measures more plaintiffs are required to
lodge the deposit jointly and severally.
(2) if the security referred to in paragraph 1 consists, Chairman of the Senate proposal
for interim measures.
(3) paragraphs 1 and 2 shall not apply,
and in the case of) interim measures under section 76a;
(b)) in the case of interim measures for proceedings which the Court may initiate
no design;
c) in the case of interim measures in case of maintenance;
d) in the case of interim measures in a case of work;
e) in the case of interim measures in a case of compensation for damage to health;
(f) if the applicant shall certify) together with a proposal for an interim
the measures that are the conditions for exemption from court
fees (section 138);
(g)) if the risk of default, which could
the claimant arise proposer injury, together with a proposal for a regulation of the
the provisional measures shall certify that security without their guilt could not pass.
(4) if the proposal for an interim measure by a final resolution
Court of first instance dismissed, if the proposal was finally rejected by the
or if the proceedings on this proposal finally stopped, the Court compound
confidence returns. In the case that the Court ordered interim measures, it will
the security shall be returned if the vain expiry of the period to the application pursuant to section 77a
paragraph. 2 or has the decision of the Court of
Filed under § 77a paragraph 1. 2 and from this it is apparent that the security
will not be used to satisfy the right to damages or other injury.
§ 75 c a
(1) where a Warrant pursuant to section 75a para. 1 or pursuant to section 75b para. 2,
President of the Chamber shall order preliminary measures resolution
and if it is not shown), that it should be modified to be provisionally
ratios of participants, or that there is a concern that the execution of the Court decision
has been compromised, and if they are at least certified facts that are
decisive for the imposition of duties of a provisional measure, or
(b)) are subject to the conditions referred to in § 76a.
(2) on an application for interim measures, the President of the Senate shall decide
without delay. If the risk of default, the President of the Chamber of
application for interim measures under section 76a to decide until the expiry of the 24
hours after it was filed, and the application for other interim measures until
the expiration of 7 days after it was filed.
(3) on an application for interim measures, the President of the Senate shall decide
without hearing the parties; the same applies, if the President of the Chamber of
interim measures for proceedings that the Court can start without
the proposal.
(4) for interim measures is crucial to the State at the time of its publication in the
(the release of) order of the Court of first instance. ".
8. in paragraph 103, the following new section 76b to 76f are added:
"§ 76b
(1) if required by the circumstances of the case or if there is danger of
delay, President of the Senate resolution on interim measures pursuant to § 76 of
decided without delay, immediately announce a party, which stores the
obligation, if necessary by someone other than a party, if it was him
a provisional measure ordered to; shows where this is necessary,
accede to the publication of the resolution on the ground.
(2) a copy of the resolution, which has been ordered by the interim measure, it is
participants must, where appropriate, their representatives and those for whom it was
a provisional measure ordered to, send, within 3 days from the date of
the publication of the order or, if it has not been published, within 3 days from the date of
its release. Other participants other than the applicant, together with the copies of the
the resolution also delivers to the application for interim measures.
(3) a copy of the resolution, which has been ordered by the interim measure, which
It was not a party to a certain real estate, you need to
submit, within the period referred to in paragraph 2 to the competent authority to the cadastral also;
This does not apply in the case of property that is not subject to registration in the
the real estate register.
§ 76 c
The resolution, which has been ordered by the interim measure shall be enforceable
the announcement. Unless the notice is enforceable as soon as it was
and) released, if this is a precautionary measure based on § 76a,
(b)), who delivered an obligation in the case of preliminary
measures under section 76.
§ 76 d
(1) Opinion of an enforceable resolution on interim measures is
binding only for the parties and for those which have been preliminary
measures imposed obligation, unless the law provides otherwise.
(2) the Statement of an enforceable resolution on interim measures pursuant to
section 76a is binding for everyone.
(3) the extent to which is a statement of an enforceable resolution on regulation
the preliminary measures binding on the parties and, where appropriate, for other
a person, whether or not it is binding for all authorities.
§ 76e
(1) the legal action that was made by, for which is a statement of an enforceable
resolution on the interim measure binding is invalid if
It was breached the obligation imposed by the resolution on regulation enforcement
the preliminary measures.
(2) If a party to a provisional measure does not manipulate material
some real estate, shall cease to be the proposal to deposit law relating to this
real estate, for which the competent authority has not yet been definitively
decided its legal effects; This is true even if the participant
He has made a legal transaction relating to the property before the resolution on the
interim measure became enforceable.
§ 76f
If the proposal was an interim measure is refused or rejected
or if the proceedings on the application shall be served on the resolution stopped just
to the applicant. A copy of the resolution must be sent to the applicant,
or its representatives, within 3 days from the date of publication or release
resolution. ".
9. In article 77, paragraph 3 shall be deleted.
10. under section 77 shall be added to § 77a is inserted:
"§ 77a
(1) ceases to be cleared or ordered interim measures of
other reason than because of the proposal on the merits was granted, or
Therefore, that the right of the applicant was satisfied, the petitioner is required to
compensate for the damage and injury to anyone to whom a provisional measure was established.
This liability, the appellant cannot exempt, unless the damage
or other injury occurred otherwise.
(2) an action for damages or other injury referred to in paragraph 1 shall be
submitted no later than 6 months from the date on which the interim measure has been terminated
or when it was finally canceled, otherwise the right shall lapse. By default this
the period cannot be waived.
(3) the competent to hear the action referred to in paragraph 2 and the decision on
It is the Court that gave the judgment at first instance for interim relief.
(4) Been awarded damages or other injury will satisfy the
the security lodged by the applicant; If the security is not sufficient to meet the
all of the victims, court splits sure among them fairly. The obligation to
the claimant to compensate for damage or injury that was not assured
curly confidence is not affected.
(5) paragraphs 1 to 4 shall not apply with respect to an interim measure under section 76a. ".
11. In § 99 paragraph 2. 1 the second sentence reads: "the Court strives for reconciliation between the parties;
When you try to a settlement with the President of the Senate, in particular, the participants will discuss the matter,
alert is on legislation, and the opinions of the Supreme Court and the
the decision published in the collection of judicial decisions and opinions
relating to the Affairs and depending on the circumstances of the case they will recommend options
an amicable settlement of the dispute. ".
12. in section 102 paragraph. 3 the second sentence reads as follows: "the provisions of section 75 para. 1 sentence
Second, section 75 para. 2 and 4, § 75a, 75b, 75 c a paragraph §. 1 (b). and), § 75 c a
paragraph. 2 to 4, § 76, 76b, 76 c, 76 d, 76e, 76f, § 77 para. 1 (b). (b)) to
(d)), § 77 para. 2, § 77a and § 78 para. 3 here shall apply mutatis mutandis. ";"
13. in section character paragraph. 2 (b)):
"(b)) shall report on the facts that are relevant to the proceedings and
the decision (section 128); ".
14. in section character paragraph. 2, letter b) the following point (c)), which
added:
"(c)) shall designate the experts, the conditions are met under section 127;".
Subparagraph (c)) and (d)) shall become points (d) and (e)).)
15. the following section is inserted after Section 114b 114c, which reads as follows:
"§ 114c
(1) if the procedure provided for in § character paragraph. 2 and Section 114b cannot be
negotiations designed to be able to decide in a single case
the negotiations, President of the Chamber, with the exception of the case in which such a procedure
It appears to the Court to summon the trembling, the parties and their representatives.
This Act will give them the necessary lesson, attempts to bring about an amicable
settlement of the case and invite them to meet their procedural obligations, in particular the
in order to log added its factual claims and proposals for the implementation of
evidence; section 118a here shall apply mutatis mutandis. If necessary, saves them to
at the latest when you have completed the negotiations in order to achieve the purpose of the control to the next
procedural obligations.
(2) paragraph 1 does not apply, the conditions are met to make things
could be decided without regulation ".
16. in § 118 paragraph. 2, after the word "negotiations", the words "and in accordance with
the airline's results indicate that management of legally significant facts
the claims of the participants can be considered the same as that of legally significant
factual allegations remained questionable and that of the proposed evidence will be
made, or that the evidence the Court makes, even if the participants
themselves ".
17. In article 171, paragraph 4 shall be deleted.
18. in section 205a para. 1, letter c) the following point (d))
added:
"(d)) to be met by an obligation to assert any for
significant facts or burden, provided that
for failure to comply with any of the above obligations have not had the appellant in case
success and that the appellant was not properly instructed in accordance with § 118 paragraph. 1 to 3; ".
Subparagraph (d)) and e) shall become letters (e)), and (f)).
19. In article 210a to parentheses in the text, "§ 43 para. 2, § 75a para. 1 "is inserted
text ", § 75b para. 2. "
20. in section 212a of paragraph 1. 5 in the second sentence after the word "things", the words "and
only if, in appeal proceedings could not be restored ".
21. in section 212a, the following paragraph 6 is added:
"(6) the resolution, which was not decided on the merits, may be reviewed only
for reasons that relate to what the Court of first instance dealt with in the operative part
resolution. ".
22. In article 213, paragraph 2 reads as follows:
"(2) the Court of appeal may repeat the evidence, on the basis of which the Court
of first instance found the facts of the case; Yet the evidence made
Repeat always, if that is possible to reach to another
Given these findings, than that made the Court of first instance. ".
23. In article 213, paragraph 2, the following paragraphs 3 and 4 are added:
"(3) all the evidence from which the Court of first instance has
findings of the Court of appeal, in determining the facts of the case
information shall be disregarded, unless it is repeated; This evidence is obliged to repeat,
only if the fact that they have to be demonstrated, the Court of first
grade performed the other evidence in ascertaining the facts
It was based on.
(4) the Court of appeal make up evidence about the participants of the proposed evidence which
have not yet been carried out, shows where this is necessary to establish
the facts of the case; This does not apply only if it is to be done
extensive additional evidence, and if the fact that they should be
has not yet been demonstrated, no or inadequate
evidence. ".
The former paragraph 3 shall become paragraph 5.
24. in paragraph 213, the following new section 213a, 213b, and shall be inserted:
"section 213a
(1) where the Court of Appeal considered that, to be made other than the participants
the proposed evidence (§ 120, paragraph 3, first sentence), or if the taking of evidence
(article 213, paragraph 2 and 3), the taking of evidence alone.
(2) the Court of appeal make up evidence about the participants of the proposed evidence (§ 213
paragraph. 4) either alone or through the Court of first instance or
the requested court.
section 213b
(1) the appeal shall proceed pursuant to section 118a; However, this procedure
cannot lead to the application of new facts or evidence contrary to the
the provisions of section 205a or 211a or to exercise procedural rights, which
in the appeal proceedings are inadmissible.
(2) violation of the provisions of § 118 paragraph. 1 to 3 of the Court of first instance is
a defect in the proceedings only if necessary for additional claims or evidence
results from a different legal opinion the Court of appeal. ".
25. In paragraph 214 of paragraph 1. 2 (c)):
"(c)) the appeal is directed against the order of the Court of first instance, which was
decision on provisional measures, or any other resolutions which were not
decided on the merits; ".
26. in paragraph 214 of paragraph 1. 1 (b). (d)), the text "§ 221 para. 1 "is replaced by the text
"§ paragraph 219a. 1. "
27. in paragraph 214 of paragraph 1. 3, the words "it shall proceed in accordance with § 213 ' shall be replaced by
"repeated or supplement evidence."
28. section 215 reads as follows:
"§ 215
(1) the summons must be served on the participants so that you have enough time
to prepare, as a rule, at least ten days prior to the date on which the meeting is to
take place.
(2) the President shall, after the opening of negotiations or designated by the Member of the Senate a report
on the course of negotiations; otherwise, it applies for the hearing before the Board of
the court reasonably § 116 to 118, § 118 paragraph. 4 and section 119. At the conclusion of
President of the Chamber shall invite participants to summarize their proposals and to
comment to the evidence and the factual and legal things. ".
29. in paragraph 219, after the word "If" the words "in-scope".
30. in paragraph 219, the following new paragraph 219a is inserted:
' paragraph 219a
(1) the decision of the Court of appeal cancelled if
and there are such defects) that the procedure should not be carried out for lack of
the terms of the proceedings or to decline jurisdiction, in substance, the Court ruled, or excluded
the judge or court was not properly cast, except instead of a single judge
the Senate ruled, or other defects that may result in
the incorrect decision in the case, and in the appeal proceedings could not be
corrective action,
(b) the decision is not reviewable) for incomprehensibility or lack of
reasons,
(c)) the Court my weight hasn't changed for a participant who was supposed to be a participant,
(d)) the Court in the proceedings did not continue with who is the successor of the procedural
the party after the proceedings has lost the capacity to be a party to
control.
(2) the Court of appeal a judgment or resolution by which it was decided in the case
the same, if cleared to establish the facts of the case is
need to perform other participants proposed evidence, which cannot be
made in appeal proceedings (article 213, paragraph 3 and 4); the provisions of § 213
paragraph. 5 this must not prejudice. ".
31. section 220:
"§ 220
(1) the Court of appeal changed the judgment or order was decided in
merits of the case, if there are no conditions for their confirmation (section
219) or cancellation (section 219a) and if
and the Court of first instance) decided incorrectly, although properly detected
the facts;
(b)) after completion or repeat the facts of the case dokazovaní is detected
so, it is possible to decide on the matter.
(2) the Court of appeal changed the judgment or order was decided in
the substance, also if it approves the settlement.
(3) if the conditions for the confirmation of the order, by which it was decided to
interim measures, or other resolutions which were not decided in the
the merits or for their cancellation pursuant to section 219a para. 1, the Court of appeal
is change. ".
32. In section 221, paragraph 1 shall be deleted and paragraphs 2 and 3 shall
become paragraphs 1 and 2.
33. In § 221 para. 1, after the word "decision" shall be replaced by "pursuant to section
219a. "
34. In paragraph 223, in the part of the sentence before the semicolon "or amended judgment"
replaced by the words "the judgment (section 219) or amended judgment pursuant to § 220 para.
1. "
35. In article 239 para. 3 in parentheses after the text "§ 75a" inserted text "and §
75B. "
36. In article 243b para. 5 is the number "3" is replaced by "2".
37. In paragraph 254, the following paragraphs 5 and 6 are added:
"(5) unless otherwise specified in this part, when deciding on the appeal
lodged against the resolution, which was decided on the proposal for a regulation
enforcement of the decision, on an application for suspension of the enforcement of
the proposal to stop the enforcement of a decision pursuant to section 268 paragraph. 1 (b). a) to
(f)), in the enforcement of decisions concerning custody of minors (section 272 to
273a child), about the price of the sold property (§ 336a) or undertaking (section 338n), and
Escrow conduct Regulation (§ 336b, and 338o), the decision of the Court
of first instance annul only under section 219a para. 1. the investigation or
evidence which are necessary to confirm or change the order of the Court
of first instance, the Court of appeals will perform either alone or through
Court of first instance or of the requested court.
(6) there is no need to hear the appeal of directing the negotiations, even if only
If the appeal does not perform the investigation of inquiry or
If the Court of first instance decided, in accordance with the law without regulation
the negotiations; This does not apply if the appeal has been lodged against the order of the Court
first instance judgment issued in the matter of stopping power of decision, pursuant to section 268
paragraph. 1 (b). g) and (h)). ".
38. In paragraph 336k paragraph. 3, in the last sentence of the text "§ 221" is replaced by the text
' paragraph 219a. "
39. In paragraph 352 para. 1, after the word "backup" is inserted after the word "security".
40. In paragraph 352 para. 2, after the word "custody", the words "and on the composition of
money and other values, backups, security, or other payments under
paragraph 1 ".
Article II
Transitional provisions
1. Unless otherwise provided, this Act applies also to 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. Appeals against decisions of the Court of first instance issued before the date of
entry into force of this Act shall discuss and decide according to the
the existing legislation.
3. The appeal against the decision of the Court of appeal issued before the date of
entry into force of this Act or issued after proceedings conducted
the existing legislation is to discuss and decide according to the
the existing legislation.
4. in the proceedings on applications for interim measures made prior to the date of acquisition
the effectiveness of this law shall be applied in accordance with the existing laws,
regulations.
5. An appeal against a decision issued by the Court of first instance in cases
interim measures before the date of entry into force of this Act shall be
discuss and decide in accordance with existing legislation.
6. The appeal against the decision of the Court of appeal issued in matters
interim measures before the date of entry into force of this Act, or
in these cases, issued after proceedings conducted under the existing legal
the regulations will discuss and decide in accordance with existing legislation.
PART TWO
cancelled
Article. (III)
cancelled
PART THREE
Amendment of Act No. 527/1990 Coll.
Article IV
In Act No. 527/1990 Coll., on inventions, industrial designs and
rationalization proposals, as amended by Act No. 519/1991 Coll., Act No.
116/2000 Coll., Act No. 211/2000 Coll., Act No. 173/2002 Coll. and act
No 501/2004 SB., § 75b repealed.
PART FOUR
Amendment of the Act No. 207/2000 Sb.
Article. In
In the law No. 207/2000 Coll., on the protection of industrial designs and on the amendment of the law
No. 527/1990 Coll., on inventions, industrial designs and rationalization
the proposals, as amended, as amended by Act No. 480/2004 Coll.
and Act No. 501/2004 Coll., section 22 is repealed.
PART FIVE
The EFFECTIVENESS of the
Čl.VI
This Act shall take effect on 1 January 2000. April 2005.
Fort Worth Star Telegram in r.
Klaus r.
Gross v. r.
