To Change The Code Of Civil Procedure

Original Language Title: změna občanského soudního řádu

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=66965&nr=123~2F2008~20Sb.&ft=txt

123/2008 Sb.



LAW



of 19 December 2003. in March 2008,



amending the Act No. 99/1963 Coll., the code of civil procedure, as amended by

amended, Act No 97/1963 Coll. on international law

private and procedural, as amended, and Act No.

549/1991 Coll. on court fees, as amended



Change: 91/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., Act 628/2004 Coll.

Act No. 59/2005 Coll., Act No. 170/2005 Coll., Act No. 205/2005 Coll.

Act No. 216/2005 Coll., Act No. 340/2005 Coll., Act No. 377/2005 Coll.

Act No. 383/2005 Coll., Act No. 413/2005 Coll., Act No. 56/2006 Coll.

Act No. 57/2006 Coll., Act No. 79/2006 Coll., Act No. 112/2006 Coll.

Act No. 115/2006 Coll., Act No. 115/2006 Coll., Act No. 135/2006 Coll.

Act No. 135/2006 Coll., Act No. 135/2006 Coll., Act No. 189/2006 Coll.

Act No. 216/2006 Coll., Act No. 233/2006 Coll., Act No. 262/2006 Coll.

Law No 267/2006 Coll., Act No. 309/2006 Coll., Act No. 315/2006 Sb.

and Act No. 296/2007 Coll., is amended as follows:



1. In § 42 paragraph 1 reads:



"(1) it is possible to do so in writing or by word of mouth. A written submission shall be

in paper or electronic form through the public data

the network, by telegram or by fax. Oral submissions shall be made in the log.

Orally it is possible to make a submission, with respect to a proposal to begin

control for permission to marry, on the determination and denial of parentage, about

determine whether you require the consent of the child's parents to his adoption, adoption

and management, which can be initiated even without a draft, and suggestions for enforcement

issued in such proceedings. ".



2. In article 42, paragraph 4 reads:



"(4) if the law for the submission of a particular species does not require additional

requirements, must be of the petition, which the Court is addressed, who is

is that the case concerns what follows, and must be signed and dated.

If a participant is represented by a lawyer, the lawyer's signature can be replaced by

the imprint of the stamp of the signing, the model was saved at the Court, which is

geographically. Filing on paper should be submitted with the necessary

the number of copies and annexes, so that one copy remained in court

and that each participant got a copy, if it is necessary.

Bringing in other forms, it is only one copy. To submit a

made electronically can also connect all its annexes in the

electronic form. ".



3. In article 42, the following paragraph 5 is added:



"(5) in the case of submissions in electronic form provided with guaranteed

electronic signature based on a qualified certificate issued by the

an accredited certification service provider shall not be required

Add the presentation of the original referred to in paragraph 3. '.



4. In § 79 paragraph 2 reads as follows:



"(2) the applicant is obliged to attach documentary evidence of design in which the

she pleads, in paper or in electronic form. ".



5. in paragraph 2 of Section 114b. 2 the first sentence, after the words "payment order"

the words "or electronic payment order" and at the end of the text

paragraph the words "or electronic payment order".



6. In section 172 para. 2 (a)) shall be deleted.



Subparagraph (b)), and (c)) shall become letters and) and (b)).



7. in paragraph 174, the following new section 174a, which including the title reads as follows:



"section 174a



Electronic payment order



(1) if the application is submitted on an electronic form, signed by the guaranteed

electronic signature the applicant and does not exceed the monetary

required by the plaintiff the amount of $1 000 000, the Court may make on a proposal from

the applicant an electronic payment.



(2) the provisions of § 172 to 174 shall apply mutatis mutandis. ";"



8. In article 229 paragraph. 2, after the words "(the Bills and cheques Act payment)"

the words "or electronic payment".



9. At the end of section 374a dot is replaced by a comma and the following point (e)),

added:



"e) model forms for proceedings under section 174a of the paragraph. 1. ".



PART TWO



cancelled



Article. (II)



cancelled



PART THREE



Amendment of the law on court fees



Article. (III)



In the annex to the Act No. 549/1991 Coll., on court fees, as

Act No. 271/1992 Coll., Act No. 36/1995 Coll., Act No. 257/2000 Coll.,

Act No. 151/2002 Coll., Act No. 115/2006 Coll., Act No. 159/2006 Coll.

and Act No. 296/2007 Coll., for item 1 the following item 1a, which

added:



"Item 1a

For the proposal to issue an electronic payment,

the object of the Act

and in the amount of 15 000), including $300.0-

(b)) in the amount of more than 15 000 CZK 2% of this amount ".



PART FOUR



The EFFECTIVENESS of the



Article. (IV)



This Act shall take effect on 1 January 2000. July 1, 2008.



Vaidya in the r.



Klaus r.



Topolanek in r.