Amendment Of The Civil Code, The Code Of Civil Procedure And The Other From.

Original Language Title: změna občanského zákoníku, občanského soudního řádu a dalších z.

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=58462&nr=554~2F2004~20Sb.&ft=txt

554/2004 Coll.



LAW



of 24 July 2003. September 2004,



amending the Act No. 40/1964 Coll., the civil code, as amended by

amended, Act No 99/1963 Coll., the code of civil procedure, in

as amended, Act No. 357/1992 Coll., on the notarial profession, and their

activities (notarial regulations), as amended, law No.

513/1991 Coll., the commercial code, as amended, and the law

No. 337/1992 Coll., on administration of taxes and fees, as amended



Change: 281/2009 Sb.



Change: 89/2009 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



cancelled



Article. (I)



cancelled



PART TWO



To change the code of civil procedure



Article II



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 Sb.

and Act No. 561/2004 Coll., is amended as follows:



1. section 175c, including footnote No. 67a) reads as follows:



"§ 175c



The Court finds that in the register of wills held under a special legal

prescription ^ 67a) are recorded



and the will of the testator), the Charter of the dispossessed or withdrawal of the

(hereinafter referred to as "will") and in which the notary or court is stored,



(b) the provisions of the Charter of the administrator) heritage, the instrument of appeal provisions

Administrator of the inheritance or the instrument of withdrawal of consent with the provisions of the

Heritage Manager (hereinafter referred to as "the instrument of managing heritage") and in

the notary is the instrument of managing heritage saved.



67A) of section 35a of the Act No. 357/1992 Coll., on the notarial profession and their activities

(the notarial regulations), as amended. ".



2. In section 175d paragraph 2 reads as follows:



"(2) if the deceased Left a will or deed about managing heritage,

the Court found their status and content; at the request of the Court to do so and the notary

who has the will or the instrument of management of heritage in custody. "



3. In section 175d, the following paragraphs 4 and 5 are added:



"(4) if the Court finds that the deceased has left the instrument of managing heritage,

appointed by the administrator, the administrator shall notify the designated heritage

the legacy of the testator's death, and asks him to take over their functions. This

the Court does not have the obligation, announced to him the administrator of heritage that took their

function.



(5) if in the preliminary investigation found that the testator was the owner of

account with a Bank, the Court shall inform the Bank on the date of death of the testator. ".



4. In section paragraph 175e 1, the word "or" is replaced by "and" and the words

"(hereinafter referred to as the" Administrator ") ' shall be deleted.



5. in paragraph 4 of section 175e reads as follows:



"(4) Urgent measures to execute, and the administrator may appoint a heritage

any court, if there is risk of delay. ".



6. In section 175e, paragraph 5 shall be deleted.



7. § 175f including footnote No 67b) reads as follows:



"§ 175f



(1) the Court may in the probate proceedings, if required by the general interest or

an important interest of the participants, establish by resolution even without the Design Manager

heritage,



and if the deceased left no) the instrument of succession management, which would

He has appointed an administrator authorized to manage all the assets of heritage

belonging to the heritage; If the deceased left the instrument of management

heritage, which appointed an administrator authorized to manage heritage only

part of the property belonging to the heritage, the Court can appoint an administrator

heritage to manage it assets whose management neustanovil Manager

the legacy of deceased,



(b) if the deceased or by the Court), appointed by the administrator of heritage

He died, has been deprived of legal capacity or competence in this

eligibility is restricted or has been exonerated by the Court administrator so far features

heritage.



(2) a court shall appoint the administrator of heritage, in particular from the heirs or from

the categories of persons close to the deceased; Administrator of heritage can be appointed

even the notary who is not in this proceeding by a court Commissioner. If the subject

inheriting a business or property, the Court will appoint an administrator of the heritage of the person,

that has experience with the management of the undertaking or property management.

An administrator can designate that only heritage, who agrees. If it is to

the light of the State's heritage under special legislation, ^ 67b) may

the Court to appoint an administrator of the heritage also state.



(3) the administrator appointed by the Court's heritage is obliged to take the performance of your

function of the day following the date of service of the order, if it is not listed

a day later.



(4) if the Administrator Is obviously unfit to perform properly the heritage of its

the function of the Court's own motion by order exempt function. This is true even in the

If it is in spite of the Court pursuant to section 175d paragraph. 4 idle.



(5) for important reasons, especially if not exercising its function properly, it may

the Court's own motion by order exempt administrators from heritage features. The same thing

applies, if the administrator asked the Court waived the heritage of the administrator features

heritage.



(6) in its resolution in accordance with paragraphs 1, 4 and 5 must be defined range

assets of the deceased.



(7) the administrator of the heritage that has been relieved of functions, is obliged to properly and without

undue delay inform the new heritage and pass it the

all documents relating to the assets. Not if appointed

the new administrator of heritage, has the duty to heirs.



(8) if the Administrator fails to fulfil the obligation to submit Court heritage reports on its

activities or exercises over the warning the court properly its function,

the Court may impose fined (§ 53).



67b) § 462 of the civil code. ".



8. § 175r and 175s are added:



"§ 175r



(1) the heirs of may with things or other property belonging to the heritage of the

during the succession to dispose of or make other measures, beyond the

beyond the usual, only with the permission of the Court.



(2) the administrator of heritage can with things or other property belonging to the

heritage to dispose of or take other measures that go beyond the usual

management, only with the consent of the heirs, and with the permission of the Court.



§ 175s



(1) a resolution pursuant to section 175p and 175q is a discussion of the legacy ended.



(2) After the legal force of a resolution under section 175p and 175q, the Court shall cancel the made

ensure the heritage, which abolished already during the procedure of inheritance;

cancels all bans in particular payment of deposits, insurance policies and other values,

that were in the probate proceedings are required by law or made.

At the same time, inform the Bank or other person, for which the values are

saved, who are to be issued; If this person is not known or if it is

an unknown residence, the Court shall proceed mutatis mutandis under section 185 g. The time limit under section

185 g of paragraph 1. 1 shall start to run from the date of the decision, which was

the proceedings ended.



(3) After the legal force of a resolution under section 175p and 175q the Court also shall inform the Bank

about who became the owner of the account. "zůstavitelových.



9. in section 268 paragraph. 1 (b). g), the words ' the right conferred by it "is inserted

a comma and the words "unless the enforcement of decisions already made".



10. In paragraph 274 letter e) including footnote 80):



"e) notarial and bailiffs ' registrations for enforceability

drawn up in accordance with special laws; ^ 80)



80) section 71a to 71 c of Act No. 357/1992 Coll., as amended by Act No. 30/2000 Coll.



section 40 para. 1 (b). § 78 d) and (e). and) Act No. 120/2001 Coll. ".



11. (a) in section 374a. a), the words "and rewards administrators heritage" shall be deleted.



PART THREE



To change the order of notaries in the



Article. (III)



Act No. 357/1992 Coll., on the notarial profession and their activities (notarial procedure), in

amended by Act No. 82/1998 Coll., Act No. 30/2000 Coll., Act No. 370/2000

Coll., Act No. 120/2001 Coll., Act No. 311/2001 Coll., Act No. 352/2001

Coll., Act No. 501/2001 Coll., Act No. 6/2002 Coll., constitutional

the Court declared under no. 349/2002 Coll., Constitutional Court


the declared under no. 476/2002 Coll., Act No. 88/2003 Coll., Act No.

18/2004 Coll., Act No. 235/2004 Coll. and Act No. 283/2004 Coll., is amended

as follows:



1. In paragraph 4, the word "so", the words "this Act or".



2. section 12 reads as follows:



"section 12



(1) the seat of the notary is the seat of the Office to which he was appointed.

The notary shall establish at its head office for the performance of activities of a notary's Office, notary

registered in the register of notaries public kept by the relevant notarial Chamber.



(2) a notary may introduce official days outside the notarial Office and outside of their

registered office. The introduction of the official date, and its cancellation is required to notify the Chamber and

notarial Chamber in which circuit has its headquarters. Chamber of Commerce and the Chamber of notaries

shall keep a register of established official days and registration of their revocation. ".



3. in article 13, paragraph 1 reads:



"(1) notaries notary public notary office and generally in the

during opening days at the place of their venue. A notary may each

acts carried out on a different site. Elsewhere the single act, the notary

performs, if it is necessary. ".



4. in section 24 para. 1, the words "at the time of his absence," shall be deleted and the words

"§ 3 (1). 2 "shall be replaced by the words" § 3 (1). 3. "



5. the Above provisions of section 35a, the following title is added: "the Central

registration of wills ".



6. section 35a is added:



"section 35a



(1) the central register of wills is a non-public list in electronic

the form, which leads, operates and manages the Chamber. In the central register

wills are recorded wills, disinheritance and the ratification instrument of the appeal

These operations (hereinafter referred to as "will") and also the instruments of administrative provisions

heritage, the instrument of appeal provisions of the instrument of succession and Manager

withdrawal of consent with the provisions of the heritage Manager (hereinafter referred to as

the "Charter on the administration of the heritage"). Wills and documents on the administration of the heritage are

recorded separately.



(2) the Chamber shall notify the Court or other authority, notaries, which was

as a judicial Commissioner in charge of performing acts in probate proceedings, and

to the person who proves a legal interest, at their request, whether it is registered by the

the testator's will or more wills and who reside, and shall communicate

the Court, another State authority or a notary who was as a court

the Commissioner in charge of performing acts in probate proceedings, at their request,

whether it is registered by the Charter on the administration of the heritage of the testator or more

such documents are stored and to whom. The request cannot be satisfied, if it was

made for the life of the maker of the appellant or the will or

manage heritage.



(3) Any notary public at the request of the person who proves a legal interest, whether it is

in the central register of wills registered by the instrument of administration and

who is saved, a copy of the minutes of the issues a central register of wills, if

the Charter on the administration of heritage; If it is not registered, shall issue a certificate

about the Charter on the administration of heritage is not. If registered

more documents on the administration of the heritage of the same person, you have taken

contains a copy of the registration details of all these papers. The provisions of the

the second sentence of paragraph 2 shall apply mutatis mutandis.



(4) in the management of the central register of wills, the Chamber shall proceed in accordance with

Regulation adopted by the Parliament Chamber [§ 37 para. 3 (b))]. ".



7. section 70:



"§ 70



If a notary shall prepare a will in the form of a notarial deed, or shall prepare a

the instrument of managing heritage, writes using electronic data transmission to

The central register of wills information about such a Charter and its

preparer, if applicable, about the Manager of heritage, as laid down by a regulation

adopted by the Assembly of the Chamber [§ 37 para. 3 (b))]. ".



8. In article 83, paragraph 4 reads:



"(4) If a notary will into custody, the provision of section 70 shall apply mutatis mutandis."; "



9. In paragraph 90, the dot at the end of the second sentence is replaced by a semicolon and the following

the words "just happens during the life of the maker of the notarial

writes about the schedules of administration, which was appointed administrator of the

heritage or which was the instrument of provisions of the heritage Manager

withdrawn. ".



10. In section 91 paragraph 2 and 3 shall be added:



"(2) the notary, which is stored a notarial instrument of the Charter on the Administration

heritage shall issue after the death of the maker of a copy of a notarial act

Anyone who proves a legal interest in him and the death of one whose assets are

the Charter on the administration of the heritage concerned. Death can be demonstrated only death certificate

or the judgement of a court for a declaration for the dead or their officially

a certified copy.



(3) simple copies of notarial entries may be issued to persons, which can be picked

copies. Other people can be free of the copies of the issue only with the consent of the persons

which copies may be issued ".



11. In paragraph 91, the following paragraph 4 is added:



"(4) Free copies of notarial entries about wills and on the instruments of governance

heritage can only be issued to their acquirer or a person who is

ustanovována administrator of heritage, or their agents, shall recognise the

Attorney with the notarized signature of the principal. ".



12. In paragraph 100, the current text shall become paragraph 1 and the following

paragraph 2, which reads as follows:



"(2) to a notarial deed on the Charter on the administration of the heritage for the life of its

the maker has the right to inspect only the purchaser and designated by him

Heritage Manager. ".



13. in § 101 paragraph. 1 the second sentence, after the words "wills" the words

"or a notarial instrument of the Charter on the administration of heritage".



PART FOUR



cancelled



Article IV



cancelled



PART FIVE



cancelled



Article. In



cancelled



PART SIX



Transitional provisions



Čl.VI



1. the provisions of this law shall be governed by the legal relationships arising prior to the

the date of the acquisition of its efficiency; the emergence of these relations, as well as

claims of them incurred before the date of entry into force of this law, however,

assessed according to the existing legislation.



2. The provisions of § 369a of the commercial code, as amended by this Act,

not apply to relationships based contracts concluded prior to the date of acquisition

the effectiveness of this Act.



3. According to the existing legislation shall be assessed according to the demise of the procuration

section 14 of the commercial code, commercial power of attorney under section 15 of the commercial

code and the power of attorney to the handling of funds in an account under section

710 of the commercial code, granted before the date of entry into force of this

law, unless the principal after the effective date of this Act, a written

legal act with a notarized signature declares that



it granted a power of attorney) or Attorney business do not expire after his death;

in the case of procurement is the Chief Clerk shall proceed mutatis mutandis in accordance with § 14

paragraph. 7 of the commercial code and the person authorized business Attorney

to proceed by analogy with § 15 para. 3 of the commercial code,



(b) the power of attorney granted by him) to the handling of funds in the account

destroyed after his death; If the Declaration is made before the account holder

the Bank official signature verification is not required.



4. If there is a recovery by Confederate

the provisions of § 148 paragraph. 4 of the commercial code prior to the effective date of

This Act, and if the partner as a result obligation

to replace the company's settlement amount and the settlement's Companion

the share of the company will not replace, within two months from the effectiveness of this law,

his participation in the company ceases to exist.



PART SEVEN



The EFFECTIVENESS of the



Article. (VII)



This Act shall take effect on the first day of the second calendar month

following the date of its publication.



Fort Worth Star Telegram in r.



Klaus r.



Gross v. r.