Amendment Of The Decree On Remuneration And Compensation The Bailiff

Original Language Title: změna vyhlášky o odměně a náhradách soudního exekutora

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=79230&nr=490~2F2012~20Sb.&ft=txt

490/2012 Sb.



DECREE



of 20 December. December 2012,



amending the Decree of the Ministry of justice no. 330/2001 Coll., on the

remuneration and compensation bailiff on remuneration and compensation of the finished

Business Manager, spending and the conditions of liability insurance

caused by a bailiff, as amended



The Ministry of Justice pursuant to section 131 provides (a). a) of law No.

120/2001 Coll., on the activities of bailiffs and enforcement (enforcement procedure)

and amending other laws:



Article. (I)



Decree No 330/2001 Coll. on remuneration and compensation of the bailiff

remuneration and the reimbursement of cash expenses and business manager of the conditions

liability insurance for damage caused by a bailiff, as amended by Decree

No 233/2004 Coll., Decree No. 291/2006 Coll., Constitutional Court,

the declared under no. 94/2007 Coll., Decree No. 330/2008 Coll., Decree No.

368/2009 Coll. and Decree No. 63/2009 Coll., is amended as follows:



1. In paragraph 3, the words "the implementation of execution of contractual remuneration for performing

execution "shall be replaced by" keeping the execution contract reward ".



2. In the title of § 5, the title of § 7, § 7, title, title of section 8,

the title of section 9 and section 10 in the title the words "faggots" are replaced by

the word "execution".



3. in § 5 para. 1, § 6 (1). 1 introductory part of the provisions, section 8 and section 9

the word "faggots" shall be replaced by the word "execution".



4. in paragraph 5 of the text at the end of paragraph 1, the words "which do not include

execution costs and expenses authorized ".



5. § 5 para. 3, the word "sale" shall be replaced by the word "persons".



6. in § 5 para. 4, the word "implemented" is replaced by "led".



7. section 11 including the title reads as follows:



"section 11



Provisions common to the remuneration for the performance of enforcement activities



(1) required to, within 30 days from the date of receipt of the request to meet

the enforcement of the obligations imposed to pay an advance on the claim, and reduced costs

execution and the cost of authorized (§ 46 para. 6 of the law), belongs to the bailiff

reward



and) amounting to 50% of the remuneration referred to in paragraph 6, with respect to the execution of imposing the payment of a

an amount of money,



(b)) in the amount of 30% of the salary pursuant to § 7 to 10, in the case of the execution of imposing

other obligation than the payment of an amount of money.



(2) the permission lapses if the executor to manage for the execution of the decisions of the Court

the exclusion of the bailiff or enforcement, or by changing the executor

pursuant to section 51 (a). a), b) and d) of the Act, the remuneration of the bailiff, whose

privileges were lost, $ 3,000, unless otherwise further.



(3) if the executor before it for the reasons referred to in paragraph 2 ceases its

authorized to execution on cash transactions already enforced part

claims, it has the reward provided for pursuant to § 6 of the collected parts

the claim, at least in the amount referred to in paragraph 2.



(4) the bailiff remuneration in the amount of $ 500, unless the executor in charge

the leadership of the execution and rejected the proposal of execution or refused or stopped if

the enforcement proceedings.



(5) if the executor was not entrusted with the leadership of the execution or if the permissions

one of the reasons that the bailiff was a reward he does not belong.



(6) claims to reimbursement of expenses incurred by the bailiff in the context of

enforcement activities are not the provisions of paragraphs 1 to 5. ".



8. In § 13 para. 3 the number "15" is replaced by "30".



9. in section 13, paragraph 3, the following paragraph 4 is added:



"(4) the bailiff shall belong instead of the refund referred to in paragraph 1, the refund

cash expenditures in the flat-rate amount of $ 200, if the bailiff in charge

the leadership of the execution and rejected the proposal of execution or refused or stopped if

the enforcement proceedings. The provisions of paragraph 2 shall apply accordingly. ".



Paragraphs 4 to 8 shall be renumbered as paragraphs 5 to 9.



10. In § 13 para. 6 for the first sentence of the following sentence "the amount of compensation

travel expenses, which is part of the cost of execution, shall be not more than 1

500 CZK per one path to space, which is the seat of the bailiff, who leads the

execution and back. ".



11. In § 13 para. the number "8" is replaced by "7".



12. in § 14 para. 1 and 2, the words "loss of time" shall be replaced by

"waste of time".



13. In section 14 is at the end of paragraph 1, the following sentence "the amount of compensation for loss

time, which is a part of the costs of execution, shall not exceed $ 500 per

the path to the location, which is the seat of the bailiff, who leads the execution of, and

back. ".



14. under section 19 shall be added to § 19a is inserted:



"§ 19a



(1) for the realisation of individual things, rights and other assets of the

zůstavitelova property in the auction based on the credentials of the Court to

executor remuneration in the amount of 5% of the proceeds of the auction, but at least CZK 1,000

and not more than 1 000 000 CZK, increased by 1% from the proceeds of the auction of more than 10

000 000 CZK.



(2) If, in the framework of the mandate referred to in paragraph 1 performed more auctions

the basis for the calculation of the remuneration shall be the sum of all net proceeds.



(3) The reimbursement of cash expenses in connection with the realisation of the individual

things, rights and other assets of zůstavitelova assets in the

the auction shall apply mutatis mutandis to section 13, for compensation for the service of documents

Similarly, section 15. ".



15. in paragraph 21, the words "18 or 19" shall be replaced by "18 to 19".



Article. (II)



Transitional provisions



1. The proceedings initiated before the date of entry into force of this order, the

They shall apply the provisions of § 5, 13 and 14 of Decree No 330/2001 Coll., as amended by

effective before the date of entry into force of this Decree.



2. If the bailiff in charge before the date of entry into force of this

the decree making the auction within the disposal of heritage, section 19a of the Ordinance

No 330/2001 Coll., in the version in force from the date of entry into force of this order

shall not apply.



Article. (III)



The effectiveness of the



This Decree shall enter into force on 1 January 2000. January 1, 2013.



Minister:



JUDr. Blazek, Ph.d., v. r.