Amendment Of The Decree On The Procedures For The Exercise Of Enforcement And Other Activities

Original Language Title: změna vyhlášky o postupech při výkonu exekuční a další činnosti

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=69963&nr=463~2F2009~20Sb.&ft=txt

463/2009 Sb.



DECREE



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:



Article. (I)



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

repealed.



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:



"§ 10



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

their employees).



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:



"section 13



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

expired. ".



Article. (II)



Transitional provision



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.



Article. (III)



The effectiveness of the



This Decree shall enter into force on 1 January 2000. January 1, 2010.



Minister:



JUDr. Kabelo in r.