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Amendment Of The Decree On Remuneration And Compensation Of The Executor

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

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63/2012 Sb.



The DECREE



of 24 June. February 2012



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

remuneration and compensation of the executor, the reward and compensation of the finished

expenditure of the company Manager and on the conditions of liability insurance

caused by a bailiff, as amended



The Ministry of Justice, pursuant to section 131 provides (a). and Act No.)

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

and amending other laws:



Article. (I)



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

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

liability insurance for damage caused by the bailiff, as amended by the Decree of the

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

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

368/2009 Coll., is hereby amended as follows:



1. In section 11 (1). 1 (a). and the words "paragraph). 1 and 2 "shall be deleted.



2. In section 12 paragraph 2 is added:



"(2) the advance payment on the cost of execution requiring payment of an amount of

may not exceed 50% of the remuneration referred to in section 6 and the lump sum compensation

cash expenses under section 13 (3). 1, or estimate the effectively incurred

cash expenses, is higher than the flat-rate amount referred to in section 13 (3). 1.

the basis of the remuneration is deemed to be the amount of the claim, which is to be enforced; to

Accessories claims are disregarded. In the case of distraint

imposing another obligation than the payment of an amount of the advance

to the cost of execution may not exceed 50% of the remuneration provided for such execution

in sections 7 to 10, or lump-sum compensation cash expenses pursuant to section 13

paragraph. 1, or estimate of the expense incurred by efficiently finished, if it is

higher than the flat-rate amount referred to in section 13 (3). 1. ".



3. In section 13 (3). 1 the words "expert opinions and professional representation,

translations of "shall be replaced by" expert comments ".



4. In section 13, paragraph 2, the following paragraphs 3 and 4 are added:



"(3) If a mandatory time limit of 15 days from the date of receipt of the request to meet

enforced the obligation imposed by the claim does not exceed the performance of the recovered 10

USD and pay the required deposit on reduced costs and the costs of execution

authorized to receive the refund, instead of pursuant to paragraph 1

reimbursement of cash expenses in the amount of CZK 1 750. The provisions of paragraph

2 shall apply mutatis mutandis.



(4) to receive a refund effectively belongs to the incurred cash expenses on

expert reports and translations, which is a bailiff shall demonstrate. This

reimbursement is not included in the flat-rate amounts referred to in paragraphs 1 and 3. ".



Paragraphs 3 to 5 shall be renumbered as paragraphs 5 to 7.



5. In section 13 is at the end of paragraph 5, the following sentence "For a common path in the

more execution proceedings conducted by the same bailiffs belong to refund

travel costs only once. The bailiff in each of these proceedings

entitled to a proportion of the reimbursement of travel expenses ".



6. In section 13 (3). 7, the number "4" is replaced by the number "6".



7. In article 13, the following paragraph 8 is added:



"(8) where the enforcement proceedings involved 2 or 2 permissions required,

increases lump-sum reimbursement of cash expenses referred to in paragraphs 1 and 3

about 30%. If the execution proceedings účastno more legitimate than 2 or

more mandatory than 2 increases lump-sum refund of finished

the expenditure referred to in paragraphs 1 and 3, regardless of the number of participants to 50%. ".



8. In article 14, paragraph 1, the following paragraph 2 is added:



"(2) Compensation for loss of time spent traveling to a place that is not

the seat of the Office is to receive only one, if done in this

the site acts in multiple execution proceedings. The bailiff in each of these

the proceedings shall be entitled to a proportion of the compensation for loss of time, according to the number of

operations undertaken in the individual execution proceedings. ".



Paragraph 2 becomes paragraph 3.



Article. (II)



The transitional provisions of the



If a resolution on regulation of execution issued by the date of entry into force of this

the Ordinance, shall be in accordance with the existing legislation.



Article. (III)



The effectiveness of the



This Decree shall take effect on 1 January 2005. March 2012.



Minister:



JUDr. Pacheco v. r.