24/1993.
LAW
The Czech National Council
of 21 April 2004. December 1992,
amending and supplementing the code of civil procedure
The Czech National Council agreed on this law:
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. 49/1973 Coll., Act No. 20/1975
Coll., Act No. 133/1982 Coll., Act No. 180/1990 Coll., Act No. 328/1991
Coll., Act No. 519/1991 Coll. and Act No. 263/1992 Coll. (the full text of the No.
501/1992 Coll.), shall be amended and supplemented as follows:
1. the title of section 8a, including:
"§ 8a
Disputes about competence
The High Court decides disputes over jurisdiction between the courts and authorities of the State
the Administration; to control the competent High Court, in whose district is the seat of the
the authority of the State administration, which is the dispute about the competence concerned. ".
2. In section 9 (2). 2 (a). (h)), the words "the Czechoslovak courts" shall be replaced by
the words "the courts of the Czech Republic"; in section 9 (2). 3 (b). (c) paragraph 11, the words)
"Czechoslovak Court" shall be replaced by ' Court of the Czech Republic. "
3. In section 10, paragraph 1. 2 the words "decide the Supreme Court of the Czech Republic and
The Supreme Court of the Slovak Republic "shall be replaced by the words" decides the top
the Court ".
4. In Article 10a paragraph. 1 the words "decide the Supreme Court of the Czech Republic and
The Supreme Court of the Slovak Republic "shall be replaced by the words" decides the top
the Court ".
5. section 10a, paragraph. 2 is added:
"(2) on the dovoláních against decisions of the high courts as the courts of the
appeals shall be decided by the Supreme Court of the Czech Republic (hereinafter referred to as "the highest
the Court ").".
6. In section 11 (1). 3, the words "the Czechoslovak courts" shall be replaced by the words
"the courts of the Czech Republic"; the words "the Czech and Slovak Federal
Of the Republic "are deleted.
7. In section 12, paragraph. 3 the second sentence is deleted.
8. In section 16. 1 the second sentence, the words "of the Czech Republic, the Supreme
the Court of the Supreme Court of the Slovak Republic and the Czech and Slovak
Federative Republic "shall be replaced by the words" and the superior courts ".
9. In section 25, paragraph. 3 at the end of the deletion period and inserted the words "or
the Barristers ' Association, with the exception of cases where representation by a lawyer is
under this Act, required. ".
10. In footnote No. ^ 33), the words "provided"
be replaced by a comma and dot emit, the words "and act SNR No. 129/1991
Coll., of the commercial lawyers. ".
11. section 36 c is inserted:
"§ 36 c
The Supreme Court and the high courts act and decide in chambers. ".
12. In section 86, paragraph. 1, the words "the Czechoslovak citizen" shall be replaced by the words
"a citizen of the Czech Republic" and the words "Czech and Slovak Federal
Republic "shall be replaced by the words" Czech Republic ".
13. In section 86, paragraph. 2 and 3, the words "the Czech and Slovak Federal
Republic "shall be replaced by the words" Czech Republic ".
14. In section 87 (b). (d)), the word "Czechoslovak" replaced by the word "Czech".
15. In paragraph 88. 1 (a). and), (f)), and n), the words "in Czech and Slovak
Federative Republic "shall be replaced by the words" Czech Republic "; in point (a)
n), the word "Czechoslovak" replaced by the word "domestic".
16. In section 105, paragraph. 2 deleted "Czech and Slovak Federal
Of the Republic ".
17. In paragraph 106. 1 the second sentence, the words "of Czechoslovak law"
replaced by the words "Czech Republic".
18. In § 109 paragraph. 1 (a). (b)), the second sentence is added:
"As well, if the proceeds before the decision on the matter has come to the
the conclusion that the law, which is to be used in solving the case, is in contradiction with the
the constitutional law or international treaty, which has priority before the
law. ^ 33a) in that case, refer the matter to the Constitutional Court. ".
"33a) Article. 10 of the Constitution of the Czech Republic. ".
19. In section 121, the words "the Czech and Slovak Federative Republic"
replaced by the words "Czech Republic".
20. In article 134, the words "the Czechoslovak courts" shall be replaced by "the courts of the
The Czech Republic ".
21. In paragraph 135. 1, the first sentence shall be deleted; the words "the Court",
replaced by the words "Court".
22. In footnote No. 34) ^ number "573/1990 Coll." comma
replaced by the dot and the words "and the Decree of the Ministry of
of Justice of the Slovak Republic No. 240/1990 Coll., on rewards and
compensation lawyers providing legal aid, as amended by Decree No.
44/1991 Coll. ".
23. In paragraph § 175z. 1, the words "the Czechoslovak Court" shall be replaced by the words
"the Court of the Czech Republic."
24. In paragraph § 175z. 2 the term "Czechoslovakia" shall be replaced by
"domestic".
25. In article 246, paragraph 2 is deleted; paragraphs 3 and 4, the
renumbered as paragraph 2 and 3.
26. section 246, paragraph. 2 is added:
"(2) the High Court has jurisdiction to review the decision of the
the central bodies of the Czech Republic, with the exception of pension and
health security and material security of job seekers
According to the regulations on employment. "
27. In footnote No. 35) ^ deleted the words "§ 27. 3
Act SNR No. 132/1990 Coll. on advocacy, section 28 of the Act SNR No. 129/1991
Coll., of the commercial lawyers, ".
28. In paragraph § 250s. 2 the words "the Supreme Court of the Republic" shall be replaced by the words
"High Court".
29. In section 252, paragraph. 2 the words "the Czech and Slovak Federative Republic"
replaced by the words "Czech Republic".
30. section 277, paragraph. 1:
"(1) a Deduction shall be made from the net wage, which is calculated from the
Payroll deducted the advance on income tax of physical persons income withheld shall of
dependent work and emoluments, social security premiums,
contribution to the State employment policy premiums and General
health insurance (hereinafter referred to as "deducted amounts"). Deducted amount
calculated in accordance with the terms and rates for compulsory in the month, for
that is the net wage determined. ".
31. In section 278, the words "the Czech and Slovak Federative Republic"
shall be replaced by the Czech Republic ".
32. In paragraph 279. 3, the words "the Czech and Slovak Federative Republic"
shall be replaced by the Czech Republic ".
33. In Section 303, paragraph. 1 the word "Czechoslovak" shall be replaced by
"domestic".
34. In article 373, the words "Department of Justice", the words
"The Czech Republic (hereinafter referred to as" the Ministry ")".
35. In paragraph 374. 1, the words "of the Ministry of Justice of the republics
empower "shall be replaced by" the Ministry hereby authorises "; in the second sentence, the
the word "may" shall be replaced by the word "may".
36. In section 374a, the words "of the Ministry of Justice of the republics" are replaced by
the words "Ministry".
Article II
Act No. 519/1991 Coll., amending and supplementing the code of civil procedure and the
the notarial regulations, shall be amended and supplemented as follows:
1. In article. III (1) (a). and), the words "the Supreme Court of the Republic"
replaced by the words "Supreme Court".
2. In article. III (1) (a). I), the words "the courts competent to process according to the
the provisions applicable up to the date of entry into force of this Act; These
the rules shall also apply to the complaint "shall be replaced by the words
"high courts; for the settlement of the complaint shall apply the rules applicable to the
the effective date of this Act ".
3. In article. (III) in point 11, the words "the Czech and Slovak Federative Republic"
replaced by the words "Czech Republic".
4. In article. (III) paragraph 12, the words "Ministers of Justice of the Czech Republic and
The Slovak Republic are hereby authorized to generally binding legal regulation
set "shall be replaced by the words" Ministry of generally binding legal
Regulation lays down ".
Article. (III)
1. cases in which jurisdiction is given to the high courts and which
the proceedings before the Supreme Court and this Court was
a final decision to the date of entry into force of this law, the
and completes the high courts.
2. Where the specific regulation provides that the review of the administrative
the decision is given by the substantive jurisdiction of the Supreme Court, is factually
the competent High Court.
3. Stuff the present Supreme Court of the Czech and Slovak Federal
Republic, which will not be decided until the date of entry into force of this
the law takes over and completes the
and the Supreme Court), if the proceedings on the appeal, if the
the territory of the Czech Republic located in the court case decided in the first
degree, or if it is on the territory of the Czech Republic, the Court which would be in accordance with
This Act covers the competent to discuss the matter at first instance;
(b)), the Supreme Court, in the case of the determination of the locally competent court, if the
on the territory of the Czech Republic, the seat of the Court, that the matter before the Supreme
Court of the Czech and Slovak Federal Republic in accordance with section 105; in the other
cases where the claimant resides in the territory of the Czech Republic, or
registered office;
(c)), the Supreme Court, in the case of decision making in a dispute about the jurisdiction pursuant to section 8a
paragraph. 2 and deciding on referral under section 12, paragraph. 3 the second sentence,
If the registered office on the territory of the Czech Republic, who asked for a decision;
(d)), the High Court, in the case of an action against a decision of the administrative authority,
If the administrative authority of the Czech Republic to decide the matter.
4. The High Court is also competent to examine the decision of the central authorities
The Czech and Slovak Federative Republic, if after the effective date of
This Act given the power of the administrative authority of the Czech Republic case
decide.
Article IV
This law shall enter into force on 1 January 2005. January 1, 1993.
Uhde in r.
Klaus r.
