The Amendment To The Law On The State Notary And Proceedings Before The Public Notary Office

Original Language Title: novela zákonů o státním notářství a řízení před státním notářstvím

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=35557&nr=134~2F1982~20Sb.&ft=txt

135/1982 Coll.



LAW



of 10 June 1999. November 1982,



amending and supplementing the law on notary and the State of the proceedings before the

the State Notary Office (the notarial regulations)



The Federal Assembly of the Czechoslovak Socialist Republic has resolved

to this Act:



Article. (I)



Act No. 95/1963 Coll., on the State of the proceedings before the notary and the State

Notary Office (the notarial regulations), as amended by law No 158/1969 Coll., and no 29/1978

Coll., shall be amended and supplemented as follows:



1. in § 5 para. 2, after the words "Ministry of Justice"

the words "of the Czech Socialist Republic and the Ministry of Justice

The Slovak Socialist Republic (hereinafter referred to as "the Ministry of

Justice ")".



2. § 5, the following paragraph 4 is added:



"(4) the number of notaries notary for each State shall establish

the Minister of Justice of the Czech Socialist Republic and the Minister of

of Justice of the Slovak Socialist Republic (hereinafter referred to as "the Minister of

Justice ").".



3. In section 8



in paragraph 1 in the sentence with a semicolon are deleted the words "prescribed by

a university education or "



in paragraph 2 deleted part of the sentence after the semicolon, and a semicolon is

is replaced by a dot



paragraph 3 is deleted.



4. § 12 para. 3 read as follows:



"(3) If a notary Act of State because its workers are

excluded, orders the thing other than the competent State so far

a notary. So decides, the regional court in whose area the two State

a notary; otherwise, the Supreme Court decides the Czech Socialist Republic

or the Supreme Court of the Slovak Socialist Republic. If one of the

These public notary in the Czech Socialist Republic and the

the other, to the territory of the Slovak Socialist Republic, shall decide on the commandments

The Supreme Court of the Czechoslovak Socialist Republic ".



5. in § 14 para. 3 the second sentence reads as follows:



"If it is a representation of a minor child shall designate this guardian

a citizen or National Committee. "



6. in paragraph 33, the following section 33a is inserted:



"§ 33a



(1) participants are required to contribute to the State notary truthful and

full information to reliably determine the actual state of affairs.



(2) Monetary organization serving the State notary in succession to the

his query messages on deposits, if they have knowledge that the deposit belongs to the

the deceased, or if they are in the query gives the information necessary to identify the

the identity of the deposit. ".



7. section 34 reads:



"§ 34



(1) if the testator Had with bereaved husband property in bezpodílovém

ownership, State notary shall decide on the general price of this

assets at the time of the testator's death and according to the principles set out in section 150

the civil code specifies what this asset belongs to the heritage and what

It belongs to the surviving spouse. If the decision depends on the fact that

remained between the survivors of her husband and one of the heirs of the dispute, the procedure

State notary, pursuant to section 18.



(2) If a notary of the State before the succession has been finally

completed, other assets in joint ownership, bezpodílovém decides about him

subsequently in accordance with paragraph 1; While based on the original decision. ".



8. section 35:



"§ 35



State notary finds zůstavitelův assets and its debts and carry out the

an inventory of assets and liabilities. If among the participants remained questionable assets or

liabilities, it shall proceed in accordance with section 18. ".



9. In paragraph 37, the words "in accordance with § 34 shall be replaced by" pursuant to § 35 ".



10. In article 38 paragraph 2. 1 in the sentence of the second part of the sentence after the semicolon is added:

"if it does not approve the agreement, continue with the procedure after the legal force of this

decision. ".



11. In article 38 paragraph 2. 2, the words "after the termination of the proceeding" are replaced by the words "after the

final closure of the proceeding ".



12. In § 39 para. 2, the second sentence shall be deleted.



13. the present section 40 is known as section 39 paragraph 2. 4.



14. section 40 reads as follows:



"§ 40



(1) a notary in the State decision on the inheritance makes a determination under section 37

and



and the acquisition of heritage) confirms the sole heir, or



b) confirms that the legacy that has not acquired any heir, the State

or



(c) approves the settlement agreement), inheritance or agreement on abandonment

předluženého heritage for payment of debt, or



(d)) performs a settlement between the heirs, in the absence of agreement between them.



(2) the provisions of § 17 para. 1 remains intact.



(3) If a notary agreement on settlement of State succession does not approve,

performs settlement between the heirs after the decision, which the agreement

has not been approved. ".



15. In § 42 para. 1 the words "under section 38 and 39 ' are replaced by the words" pursuant to section

up to 40 38 ".



16. in § 42 para. 2 in the first sentence are deleted the words "custody and".



17. in § 42 para. 2 at the end of this sentence connects:



"If it is not true at the time of realization of the heritage is unknown or if his residence

unknown, State notary shall proceed mutatis mutandis under section 74 and 75; the time limit

under section 74 para. 2 shall run from the date of the decision, which

the proceedings have been completed. ".



18. In paragraph 46, the words "pursuant to section 38 and 39 ' are replaced by the words" pursuant to section 38 to

40. "



19. in § 51 para. 2, the braces shall be inserted after the words: "of the Charter,

which involve the right to reimburse certain organization in Czechoslovakia

domestic price of the goods ".



20. The head of the third including the title reads as follows:



"The procedure for the registration of contracts



§ 61



To register the State notary, in whose district the is

the property, which the contract refers to. If a property in the circuit

several State notary, registration proceedings the competent national

a notary, which will control.



§ 62



(1) the procedure for the registration, whose participants are parties to the Treaty,

or their successors in title, shall initiate the State notary on a proposal from

any one of them.



(2) of the proposal must be clear who brought what he seeks, and must

to be connected with the original of the contract.



§ 63



(1) a notary shall examine the validity of the contract of the State, whose registration has been

designed, in particular, whether its content or purpose is not contrary to the law or

It does not circumvent or aren't the interests of society.



(2) the participants are required to demonstrate, in particular, to a notary

permission to dispose of real estate, contract, and submit

the necessary decisions of the competent authorities, where appropriate, a consent to the agreement.

If some of the facts, in particular the participant permission to dispose of the

real estate, prove otherwise, you must submit a written about them

Declaration of the participant.



(3) a notary in the State registration of the contract on the transfer of

real estate and in proceedings for registration of the contract for the establishment or revocation of

easement shall consider the opinion of the local of the National Committee of the village where it is

real estate; This opinion is not necessary if the National Committee itself

a party to the Treaty.



§ 64



(1) if the contract does not contradict its content or purpose of the law, not to

it or aren't the company's interests, the State notary decides that

the contract registers; otherwise, it decides that the proposal on the

registration is rejected.



(2) the decision by which the contract registers or rejecting the proposal to

registration, shall be delivered to all participants of the contract, where applicable, their legal

the successors. Just record in the file shall be issued a decision establishing the

the contract, if the proposed registration registers all participants

of the Treaty.



(3) the effects of registration are experiencing the issue date of a decision which was

contract registered.



§ 65



(1) the decision to register the State notary shall indicate on the original

the contract, stating the date on which occurs the legal effects of registration.



(2) the original of the contract designating its registration shall deliver the State

party to whom the notary of the Treaty arise from rights to real estate

(the transferee at the transfer of the property, the creditor when the transfer restrictions

real estate, personal to the user when the agreement to establish the rights of personal

use of the land and the creditor of the emergent easement,

where applicable, the owner of the property upon termination of the easement); If

these attendees more shall return the original of the contract to one of them.

He shall also send a notary certified copy of State contracts with an indication of its

registration to the competent territorial authority of Geodesy and cartography (hereinafter referred to as

"the authority of Geodesy").



(3) State notary leads collection of certified true copies of registered contracts.



(4) following the decision to reject an application for registration of returns

State notary the petitioner shall deliver the original of the Treaty ".



21. section 66:



"§ 66



(1) the State notary accepts deposit money and other movable property,

that goes for the custody, if declared by the složitele are to

custody stacked in order to meet the debt or its security.



(2) the management of any of the State notary. ".



22. section 68:



"§ 68



(1) a party to the proceedings is the one who money or stuff into custody consists

(složitel), and after the adoption of the custody also the one for whom money or

things intended (legitimate). After the decision on the acceptance of custody is

party to the proceedings as well as the one who asserts a right to subject of the custody.



(2) a proposal for the adoption of the State notary of money or goods for safekeeping

be refused if it would be contrary to the law or the acceptance of custody to

obcházelo or resented that the interests of the company. ".



23. section 69 is deleted.



24. the present section 70 is known as section 69 and reads as follows:



"§ 69




(1) if the cost of storage, store's State notary složiteli to

put a reasonable advance on costs. If the deposit within the time limit

paid, the State notary shall refuse a proposal for safekeeping; as follows

Decides, even if it does not find the suitable method of safekeeping or

If things get to the cache.



(2) if the složitel fails to pay within the prescribed period on the costs for additional backup

period, the State notary him an escrowed thing returns. If this is not possible or

reluctant to accept the složitel thing, cashing in her State notary

manner provided for judicial enforcement of a decision of the sale of movable property

and proceeds to stores for safekeeping; This procedure must be složitel

notified. ".



25. the present section 71 is known as section 70.



26. section 71:



"§ 71



(1) the subject of the custody of the composite in order to meet the debt issues by State

notary authorized at his request. If the composition occurred because

that someone other than the legitimate claims the right to issue the subject of custody

or that someone else, whose consent is necessary, do not agree with the release

subject of the escrow is authorized, subject to the issue of custody required

the consent of all the participants and persons, whose opposition to the discharge has been

the composition for safekeeping. Consent must be složitele only if the

the performance is composed for an unknown creditors.



(2) a notary shall issue State Složiteli the subject of the custody, upon request,



and if a legitimate effect) with this procedure, consent, or



(b)) declares the legitimate State notary, that the subject of the custody

does not accept, or



(c)) unless eligible within the time limit set by the State notary office,

Although he was on the conse warned.



(3) a notary shall issue State Složiteli the subject of the custody also if

If so requested by its release within the time limit under section 74 and if within this period the

the release of the subject of custody does not register a legitimate or any other person who

proves right to release escrow item.



(4) a person other than that referred to in paragraph 1, the applicant for the issue of

the subject of custody, it shall issue to the State notary only with the consent of složitele

and legitimate. "



27. § 72 reads as follows:



"§ 72



The subject of the custody of the composite in order to ensure rights and obligations shall issue

State notary složiteli only with the consent of the authorized, or

lawful only with the consent složitele. ".



28. in section 73 is deleted and paragraphs 1 and 2, paragraph 3.



29. section 74 as follows:



"§ 74



(1) the State notary, in which are deposited, pursuant to section 66, shall

expiry of the period referred to in paragraph 2, that the subject of the custody goes to the State,

If nobody logs within one year from the date of publication, and

that it will terminate the rights of participants and other persons to the subject of custody. This

State notary shall publish a decision to issue a decree, and delivers them to the participants

control.



(2) referred to in paragraph 1 can be followed when passed the period of three years

from the decision on the acceptance of custody or from the date when he had

be the subject of the custody is issued.



(3) if within the time limit in the annual request for release of the subject of the custody, the procedure

State notary under § 71 and 72.



(4) the end of the annual period referred to in paragraph 1, unless within that period

request to issue the subject of custody filed, takes the subject of the custody of the State.

This deadline will take State the subject of the custody, even if it was not

application submitted by a final decision complied with. ".



30. section 76 and 77 shall be deleted.



31. in paragraph 78, the last sentence deleted.



32. under section 90 is amended § 90a is inserted:



"§ 90a



(1) at the request of State notary složitele accepts into custody



the Charter, in particular) will, with the exception of documents whose content cannot

to assess,



(b)) money, if it were handed to a specific recipient is published.



(2) on receipt of the deposit issued by the State notary složiteli confirmation.



(3) the subject of custody pursuant to paragraph 1. (b)) returns the State notary

složiteli, if you fail to comply with his order.



(4) unless a notary to issue the subject of custody

the creditor, or the person who establishes the right to issue the subject of custody,

or složiteli, it shall proceed in accordance with § 74 and 75. The time limit under section 74 para. 2, the

calculated from the date the composition of the deposit, if applicable, the date on which should be the subject of

custody is issued.



(5) if the State notary stored last will and Testament, it can state notary

issue the person acquiring them ends at his request, or his representative, who shall recognise the

power of Attorney of the maker, expressly authorizing him to do so. ".



33. in paragraph 103, the following section 103a, including the title reads as follows:



"section 103a



Storage for other institutions



(1) the State notary accepts deposit money and other movable assets in the

connection with criminal or other legal proceedings. Money and other

the value of belonging to persons, for which the Court shall supervise the management of their

property, and advances and other payments directly related to judicial

management, however, consist in court.



(2) on receipt of the deposit shall issue to the State notary acknowledgment. ".



34. § 104 paragraph. 1 reads as follows:



"(1) the Ministry of Justice lays down generally binding legal

a prescription for more adjustment activities and organization of State notary,

in particular, to facilitate contact with the organisations and citizens and to simplify and

rationalisation of the work, more adjustment on the individual sections

the activities of the State notary, including the granting of compensation to witnesses, experts and

interpreters, certification and authentication, drafting of notarial entries

proposals and other documents, shall determine the method of creation and keeping of files and

handling and procedure relating to the charge of the assessment of notarial

fee. ".



Article II



1. This law shall also apply to proceedings initiated before the date of the acquisition of its

efficiency. The legal effects of the acts that have occurred in the proceedings before the date

entry into force of this Act, shall remain in force.



2. For the management of the legacy of those who died before the effective date of this

the Bill, the existing regulations shall be used.



3. If, before the date of entry into force of this Act, the money or

the case accepted for safekeeping and the current regulations for this type of custody

excluded application of the provisions of the old úschovách (section 74), begins to run

period under section 74 para. 2 the effective date of this Act; It is to be

However, the subject of the custody was issued, the time limit begins only from the date on

which should be the subject of the custody is issued.



Article. (III)



The Bureau of the Federal Assembly is hereby authorised, in the collection of laws

full text of the notarial regulations declared, as is apparent from later

regulations.



Article IV



This Act shall take effect on 1 January 2000. April 1983.



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