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.