of 15 November 2004. December 2009,
amending the Decree of the Ministry of justice no. 418/2001 Coll., on the
procedures for the exercise of enforcement and other activities
The Ministry of Justice pursuant to section 131 provides (a). e) of Act No.
120/2001 Coll., on the activities of bailiffs and enforcement (enforcement procedure)
and amending other laws:
Decree No. 418/2001 Coll., on the procedures for the exercise of enforcement and more
activities, is amended as follows:
1. In article 1 (1). 1 sentence of the second part of the sentence after the semicolon including the semicolon
2. In paragraph 1, the following shall be added at the end of paragraph 1, the phrase "acts in the performance of
the decision according to the code of civil procedure is performed by a bailiff, may, in
the conditions laid down by law to perform also the executor the executor. For more
the employee may be delegated by the bailiff simple things that
are subject to execution or other activities. ".
3. In article 3, paragraph 3. 1, the second sentence shall be deleted.
4. In article 3, paragraph 3. 2, the second sentence is replaced by the phrase "unless otherwise provided by law
otherwise, the bailiff shall apply to decisions by analogy, provisions of the civil
Code of civil procedure on resolution. ".
5. In section 3, paragraph 3. 4, the word "Court" is deleted.
6. in § 5 para. 1 at the end of the text of subparagraph (a)) the following the word "or".
7. in § 5 para. 1, point (b)) shall be deleted.
Subparagraph (c)) shall become point (b)).
8. in § 5 para. 2 the words "(a). (c)) "shall be replaced by" subparagraph (a). (b)) ".
9. In paragraph 6, the following paragraph 1, which reads as follows:
"(1) the bailiff shall in enforcement method of execution designed to
faggots imposing payment of an amount of money, which will be
Alternatively, on the basis of the payment order execution costs recovered the costs of
execution and the cost of the entitled party. ".
Paragraphs 1 and 2 shall be renumbered as paragraph 2 and 3.
10. section 7, including the title shall be deleted.
11. In section 8 paragraph 1 reads:
"(1) the Court may, pursuant to § 76 para. 1 instruct law documents
only the bailiff, who was appointed to the Circuit Court of the County in which the
be effected, or executor, having its registered office in the municipality in which the
be effected. ".
12. in § 9 para. 5 the second sentence be deleted.
13. in § 9 para. 7 first sentence, the word "Court" is deleted.
14. in § 9 para. 7, the second sentence shall be deleted.
15. section 10 including title and footnote No 2:
Common provisions on service
(1) the delivery shall be treated according to the rules of civil procedure and
the Decree on the rules of procedure for the district and regional courts ^ 2). If done
delivery of the executor, has the same rights and obligations as those
the legislation accorded the court process and stored; the same thing
is true if the service through operator
the postal service or any other person who carries out the transport of shipments.
(2) the bailiff to serve postal
services or any other person who carries out the transport of shipments, shall be responsible for
as if the delivery is made by myself (in person or by
2) section 28a to 28 g Decree No. 37/1992 Coll., on rules of procedure for the district and
county courts, as amended. ".
16. in paragraph 11, the words "unless otherwise provided", the words "Act or".
17. section 13 reads as follows:
If a court or bailiff when you perform a execution commandments
the claim of the account at the financial institution or by a payment from the account for
financial institution the postponement of execution, and was delivered to the Monetary Institute
resolution on authorisation of delay before execution, not cash
Department of enforcement until he received notification that the executor
the deferment was cancelled, or in the event that the Court or bailiff has enabled deferment
execution pursuant to § 54 para. 3 of the Act, notice, the period of deferment
This Decree shall also apply to proceedings instituted before the date of the acquisition of
the effectiveness of this Ordinance; the legal effects of the acts that have occurred in the proceedings
before the date of entry into force of this order, are maintained.
The effectiveness of the
This Decree shall enter into force on 1 January 2000. January 1, 2010.
JUDr. Kabelo in r.