238/1995 Coll. The ACT of 27 September 1995 amending and supplementing Law No. 99/1963 Coll., the Civil Procedure Code, as amended, and Czech National Council Act No. 114/1988 Coll., On the competence of the Czech Socialist Republic in Social Security, as amended, Change: 329/2011 Coll. Parliament has passed this Act of the Czech Republic: Article I of Act No. 99/1963 Coll. , Civil Procedure Code, 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., Act No. 263/1992 Coll., the Czech National Council Act No. 24/1993 Coll., Act No. 171/1993 Coll. , Act No. 117/1994 Coll., Act No. 152/1994 Coll., Act. 216/1994 Coll., Act No. 84/1995 Coll., Act No. 118/1995 Coll. and Act No. 160/1995 Coll., is amended as follows: 1. In section 9 par. 3 point. (c)) paragraph. AA) reads: "(aa)) of the legal relationships between companies (cooperatives) and their founders (Enterprise or members), as well as between the partners (members or founders) to each other in terms of relations concerning participation in society (Member of and cooperative relationship), as well as the relationships of contracts conferring the proportion of shareholder (member rights and responsibilities), and relationships associated with an increase in share capital (accession partnership or member)". 2. In section 9 par 4 point. b) deleting ' proposals on ". 3. Note that no. 25) reads: "25) § 68 par. 3 and 6, § 119 and section 764 paragraph. 2 of the Commercial Code. ". 4. In section 9 par 4 point. (h)) reads: "(h)) decide on liquidation of cooperatives, cooperative enterprise, business (business equipment) civic association and joint venture and proposals it repeal cooperatives ^ 31)." Note no. 31) reads: "31) § 257 paragraph. 1, § 765, paragraph. 4 and § 766 paragraph. 1 of the Commercial Code. ". 5. In section 9 par 4 point. I) the full stop at the end is replaced by a comma and the new letters (j)), and to), which reads: "j) decide in other cases under the provisions of the first, second and fourth of the Commercial Code, the court shall ^ 32a) to) decide on proceedings relating to the commercial register.". Note No. 32a) reads: "32a) Eg. § 131 paragraph. 1, § 181 par. 2 and § 761 paragraph. 2 and 3 of the Commercial Code. ". 6th section 10a reads: "§ 10a on appeals against decisions of the regional or high courts as courts of appeals decided by the Supreme Court.". 7. In § 16 para. 1 deleting ' and high courts. "8. section 26 reads:" § 26 (1) and the trade union may, with the exception of matters of business, the proceedings represent a party that is a member. (2) The headquarters for the International Youth Protection (hereinafter "the Headquarters") may represent a party in proceedings in matters of custody of minors, the determination or modification of maintenance obligations and the enforcement proceedings imposing an obligation it pay maintenance, if it is a matter related to foreign countries. (3) takes over if a trade union delegate any representation or Headquarters of its members or employees that under-represented behalf he acted. ". 9. In section 57 par. 1 is replaced by a semicolon and the following words: "It does not apply in the case of a deadline determined by the clock." 10. In section 57 par. 2 at the end the following sentence: "The time limits specified in hours ending uplnynutím hours, which with its sign coincides with the hour when the fact determining the start of the period.". 11. In section 74 para. 2, the first sentence is deleted. 12. section 74, the following paragraphs 3 and 4, which reads: "(3) the competent for a preliminary injunction is a court that is competent to manage the matter, unless the law provides otherwise. (4) The decision on the application for interim measures according to section 76a of the respective district court in whose jurisdiction is the address of the applicant. If the provisional measures ordered by the court passes after his performance of the matter immediately to the competent court in accordance with § 88 point. c). If the court to which the case has been handed over, that court is not mentioned in § 88 of the point. (c) submit the case) that the rule on its jurisdiction to the superior court, this decision is the court whose jurisdiction has been determined, is bound. ". 13. In section 75, after paragraph 1 the following new paragraph 2, which reads: "(2) the Interim measures under section 76a of the court may order only upon the district office, the proposal must contain in addition to the general requirements (§ 42 para. 4) the name of a minor baby names, occupations and addresses of the other participants, if the petitioner is known, critical facts justifying depiction and the preliminary injunction, the identification of the person to be handed over to the care of the child, and it must be clear that it seeks a preliminary injunction under section 76a. The motion must be decided immediately, within 24 hours after it was filed. ". Former paragraph 2 becomes paragraph 3. 14. In section 76, the following new section 76a, which reads: "§ 76a (1) found itself-If a minor child without any care or where its life or favorable development is seriously threatened or disturbed, the presiding judge ordered a preliminary measure that was passed into the care of the person in the ruling marks. (2) the Resolution of a preliminary injunction pursuant this paragraph 1 shall be delivered to the participants at the first performance of his performance. Participants who were not present during the enforcement, resolution delivers additional jurisdiction under section 88 of the point. (c)) together being understood that was made of his performance. (3) During the preliminary injunction pursuant this paragraph 1 may not be represented by a minor; If a minor has no legal guardian or not, if it's legal representative in the proceedings represent, ^ 33) appoints the court has jurisdiction pursuant to section 88 of the point of it. (c)) and the guardian immediately after the enforcement of interim measures. (4) Interim measures under paragraph 1 lasts for three months from its enforceability; If it was before that time proceedings on the merits, then lasts until such time as it becomes enforceable decision this procedure shall be terminated. ". Note No. 33b) reads: "33b) of § 37 para. 3 of the Act No. 94/1963 Coll., on the family, as amended. ". 15. In section 77.2, the full stop is replaced by a semicolon and the words: "to cancel the preliminary injunction under section 76a decides the presiding judge of the competent court by section 88 of the point. c). ". 16. In section 77 par 3, the first sentence is replaced by a semicolon and the words: "this is not the case for the interim measures in accordance with section 76a. '. 17. In section 81, paragraph 1 after the following paragraph 2, which reads: "(2) If ordered interim measures in accordance with § 76a, initiate, and the court having jurisdiction under section 88 of the point. c) immediately after the case has been handed over or what was decided on its jurisdiction (art. 74, para. 4), and motion control on the education of the minor. "The Former paragraph 2 becomes paragraph 3. 18. In § 120 paragraph. 2, the words "proceedings on some matters of commercial companies and cooperatives" are replaced by "procedure on some matters of commercial companies, cooperatives and other legal entities." 19. In section 127 paragraph. 4 deleting ' the competent authority ' and at the end the following sentence: "For issuing the certificate or vocational statement includes financial compensation, if so stipulated by a special regulation.". 20th section 128 section 128 reads: "Everyone is obliged free of charge upon request to tell the court facts that are is it management and decision-making. The provisions of § 139 para. 3 is not affected. Individuals may refuse it disclose facts, the court for the same reasons as a witness may make pursuant to section 126 this paragraph. 1. "21. section 171, the following paragraph 4 is added: "(4) the Resolution of ordering and preliminary injunction under section 76a is enforceable announcement; failing publication, it is enforceable once it is made. "22. § 174, para. 3 reads: "(3) the presiding judge of the Late opposition rejects the resolution; for lack of reasoning can not refuse resistance. Opposition rejects President of the Chamber, also when it if the person who filed the opposition is not authorized. ". 23. section 175 shall be inserted after paragraph 1 and new paragraph 2, which reads: "(2) The provisions of § 173 paragraph. 2 shall apply mutatis mutandis. '. Paragraphs 2 and 3 shall become paragraphs 3 and 4. 24. In section paragraph 175. 3, the word "reject" replaced by the word "refuse" and end with the following sentence: "The addressees of presiding judge rejects submitted also when if the person who filed the opposition is not authorized.". 25. In section paragraph 175. 4, the last sentence is deleted. 26th § 175, the following paragraphs 5 and 6, which reads: "(5) the Taking back the respondent objected, the court resolution terminate the opposition proceedings; negotiations not be ordered. (6) the appeal only against the verdict of the appeal costs. ". 27. In section 200d paragraph. 1.0 "the district court at the seat of the regional court" is replaced by "the regional court. "28. In section 200d will be deleted, paragraph 2. Former paragraphs 3 and 4 become paragraphs 2 and 3 of the 29th section 200e including the title reads: "to section 200e Proceedings on certain matters of business companies, cooperatives and other legal entities (1) For the management of matters specified in § 9 par 4 point. (b)) (j)) is the competent regional court in whose jurisdiction the company or cooperative headquarters. (2) Unless the law, the proceedings referred to in paragraph 1, it shall commence on the proposal, they can launch their own motion. (3) it intervene in the matters referred to in paragraph 1, it shall be governed by the provisions of section 94. The matter need not be ordered negotiations. The resolution Decides. (4) The provisions of paragraphs 1 to 3 shall apply mutatis mutandis that proceedings relating to other legal entities in the in the cases specified in § 9 par 4 point. j). ". 30. section 210a, the words "disciplinary measures (section 53)," the words "or an interim order under section 76a. "31. In section 218. 2 at the end the following sentence, "The same is true, if an appeal against a decision on interim measures in accordance with § 76a filed within the courts having jurisdiction under section 88 of the point. c). ". 32. In section 228 paragraph. 1, after the word "judgment", the following words: "and the final resolution, which was decided on the merits." 33. In section 228 paragraph. 2, the word "judgment" replaced by the word "decision". 34. Section 229 reads: "§ 229 Renewal is not admissible against the decision), which was expressed that the divorce that is invalid or that there is not, b) judgments and rulings, whose cancellation or modification can be achieved otherwise.". 35. In paragraph § 230. 2, after the words "final judgment", the following words: "or the resolution, which was decided on the merits." 36. section 237 deletes the word "everyone"; in point (f)) after the word "was" the following words: ' in proceedings wrong. "37. The current text of section 237 shall become paragraph 1 and the following new paragraph 2, which reads:" (2) The appeal under paragraph 1 is not admissible against the judgment, which was former that the divorce that is not valid or it is not. ". 38. § 238 reads: "§ 238 (1) The appeal is admissible against a judgment of the Court of Appeals, which was and) changed the CFI judgment on the merits, b) confirmed the judgment of the Court of First Instance, which the Court of First Instance ruled differently than in the earlier judgment, because he was bound by the legal opinion of the appellate court , which annulled the earlier decision. (2) The appeal under paragraph 1 is not admissible and) in cases in which the concerned appellate verdict was decided on monetary compensation not exceeding 20 000 CZK and commercial matters CZK 50 000, b) matters governed family law, unless it is a judgment about restriction or deprivation of parental rights, the self-determination (denial), or to be moderately significant adoption irrevocable. ". 39. In section 238 the following new section 238a, which reads: "section 238a (1) The appeal is allowed against the decision of the appeal court, which was amended by resolution) of the court of first instance; This does not apply if the order as it costs, of jurisdiction for interim measures, and the stay of proceedings on a disciplinary fine on experts ' fees, for interpreter and court fees for exemption from court fees on the appointment of a representative participant or his dismissal not to admit representation on remuneration notary for carrying out acts of a judicial commissioner and his cash expenditure on the remuneration of the administrator of the inheritance and his pocket expenses (b)), decided, the withdrawal of the petition does not admit or so that the withdrawal of the permits, the court of first deleted grades and steering stops (§ 208); It does not apply to cases in which it was decided that monetary compensation not exceeding 20 000 CZK and commercial matters CZK 50 000, (c)) of the Court of First Instance annulled and the proceedings terminated, or the matter was referred to the authority having jurisdiction belongs, (d)), the Court of Appeal confirmed by order of the court of first instance in which the proceedings were discontinued for lack of jurisdiction of the court , e) appeals rejected f) appeal proceedings were discontinued. (2) The appeal under paragraph 1. and (b))), and is not admissible against the resolution, which was decided in matters covered by family law. ". 40. Section 239 reads: "section 239 (1) The appeal is admissible against a judgment or order of the appeal court on the merits, which was the court's decision confirmed the First Instance when the Court of Appeal in its decision stated that the appeal is admissible, because it is a decision legally crucial. The admissibility of the appeal the court of appeal may pronounce its own motion. (2) If it fails to draft appeals court participant's vote the admissibility of the appeal, which was made at the latest before the announcement confirming the judgment or prior to the announcement (the release) of the resolution, which was decided on the merits, the appeal filed by the participant permissible if the appellate court finds that the contested decision of the appeal court is legally essential significance. (3) The provisions of § 237 paragraph. 2, section 238, paragraph. 2 and section 238a paragraph. 2 shall apply accordingly. ". 41. section 241 section 241 reads: "(1) The appellant must be represented by an attorney or commercial lawyer, if he has no legal education, either by himself or his employee (member) acting for. Commercial appellant's lawyer may represent only within their authority established by special regulations. 33) (2) The appeal shall be in addition to the general requirements (§ 42 para. 4) the states against which the decision is being appealed, that what extent and for what reasons are challenging that decision or that the registration should be made to establish the reasons of the appeal, and what is The appellant seeks. If The appellant has a legal background, the appeal must be drafted by a lawyer or commercial lawyer or employee (member) of the appellant with a legal background, which for him is. (3) The appeal may only be filed for any of the following reasons: a) the proceedings were the defects mentioned in section 237, b) management is vitiated by another defect that could result in an incorrect decision in the matter, (c)) and decision based on factual findings which has a substantial portion supported by the evidence taken, d) the decision rests on an incorrect legal assessment of the matter. (4) The provisions of § 209 and 210 shall apply mutatis mutandis. ". 42. In § 242 paragraph. 1, the second sentence is deleted. 43. In section 242, after paragraph 2, the following paragraph 3 is added: "(3) The decision of the appeal court may be reviewed only on the grounds put forward in the appeal. The defects mentioned in section 237, and if the appeal is admissible, as well as procedural defect that could result in an incorrect decision in the case, but the appellate court will consider, though not in the appellate applied. ". Former paragraph 3 shall be renumbered 4. 44. In § 242 paragraph. 4, after the word "change", the following words: "and the appellate reasons." 45. § 243a and 243b reads: "§ 243a (1) The appellate court decides the appeal without a hearing. If it sees fit, or if the evidence ordered to hear the appeal hearing. (2) registration of appellate court performs only to demonstrate the reasons for the appeal. Proving supplemented either by himself or by the court of first instance court or requested. (3) the order if the appeals court hearing, would it pursuant to section 215 analogues and § 216 par. 2. section 243b (1) The appellate court rejects the appeal, comes to the conclusion that the decision of the appellate court is correct; otherwise the contested decision canceled. (2) If the court Cancels the appellate decision of the appellate court, he returned the case for further proceedings. If true, the reasons for annulling the decision of the court of appeal, and the decision of the trial court, the appellate court also canceled the decision and return the case to the first instance court for further proceedings, or refer the matter for further proceedings the competent court. (3) Abolishing appeals court decision to the Court of Appeals and the Court of First Instance for the reasons stated in section 237 of the point. and), b), (d)), and (e)) shall also decide it discontinue the proceedings or by referral to the authority within whose jurisdiction it belongs. (4) The provisions of section 218 paragraph. 1, § 224 paragraph. 1 and section 225 applies that proceedings before the appellate court likewise. Taking The appellant appeals completely back, the appellate court shall terminate the proceedings. (5) The judgment of the appellate court decides if it rejects an appeal against the judgment of the court of appeal or if the appeal court sets aside the judgment; otherwise decided by the resolution. ". 46. section 243c after the numeral "95", the following words: "up to 99". 47. section 243d paragraph. 1 reads: "(1) If the appellate court will quash the decision of the appellate court (the court of first degrees), it is also a matter of the court to which the case was returned or forwarded for further proceedings. The legal opinion of the Supreme Court is the Court of Appeal (Court of First Instance) of the binding. Compensation costs, including appellate proceedings, the court will decide on a new decision on the matter. ". 48. In sec. 246b paragraph. 1 at the end the following sentence: "The appeal against decisions in matters of pensions and the pension insurance act and make decisions on regional courts and single Judge.". 49. section 250s paragraph. 2, after the words "Supreme Court" the following words: "in proceedings under the fourth part of this Act"; at the end of the following words: "subject to the conditions laid down in the fourth part of this Act." 50. In section 260 paragraph. 2.0, "presiding judge" be replaced by "the court". 51. § 264, paragraph 2 deleted former paragraph 3 shall become paragraph 2 52. In section 268, after paragraph 1, the following new paragraph 2, which reads: "(2) Enforcement will also be stopped if carried out compulsory enforcement of a monetary claim authorized the reduction provided for by special regulations ^ 35a) and led that amount to the competent authority, to the extent that that amount was required to make." Former paragraph 2 shall be renumbered as paragraph 3. 53. Note well. 35a) reads: "35a) section 83 of the Act No. 337/1992 Coll., on Administration of Taxes, as amended. § 8 et seq. Act No. 589/1992 Coll., on social security and state employment policy, as amended. § 5 et seq. Act No. 592/1992 Coll., on premiums for general health insurance, as amended. ". 54. section 273, the following new section 273a shall be inserted, which reads: "§ 273a shall be inserted (1) Where the court ordered the provisional measure that the minor child was handed over to the care of the designated person (section 76a), President of the Chamber will take care to ensure that this decision was also immediately executed. (2) Enforcement shall be carried out so that the court, in cooperation with authorities and is a minor child to the care of the designated person; If the child is with another person, it will be withdrawn. The provisions of section 272 paragraph. 2 and 3 and § 273 shall not apply. (3) The is it the implementation of that decision by the court, which ordered interim measures. section 76a para. 3 shall apply mutatis mutandis. ". 55. In section 274 point. E) deletes the word "civil". 56. section 305 reads: "§ 305 The claim legitimate court decides to execute and resolution in which, and the) orders the financial institution that after what he will be served a writ of enforcement blocked the funds in the account up to the compulsory recovery and its accessories b) orders the financial institution, so after that, upon receipt of notification that regulation enforcement became final , wrote the account of funds from the compulsory up to the recovery and its accessories and paid the creditor, c) prohibit mandatory that after what it will be delivered the writ of enforcement, loaded with funds in the account it up enforceable and its accessories. ". 57. section 309 reads: "§ 309 (1) of The enforcement decision also applies it amounts that runs out on behalf of and compulsory after it had been delivered to the financial institution regulation enforcement, but not later than within six months of the date on which the financial institution notified of legally mandated enforcement. (2) If you can not claim a legitimate, including its accessories that satisfy it pursuant to § 307, debit the financial institution, after notification of the final regulation enforcement funds from the account of mandatory stored on it and pay the creditor. The remaining part of the claim satisfies the financial institution as soon as the funds in the account reaches the mandatory amount corresponding to the remaining part of the total legitimate claim for which enforcement is maintained. Failing that, within six months after being notified by a financial institution, the financial institution legally enforcement debited to this day on account of the mandatory cash stored on it and pays it to partially cover the recovery and its accessories authorized. This performance shall expire. ". 58. In section 330 paragraph. 3 is attached at the end of this sentence: "The new of an authorized these things take obviates the presiding judge of the inventory. The resolution of the creditor and the debtor delivers. ". 59. In section 374 paragraph. 1.0 "the district and regional" is replaced by "district, regional and supreme. "Article II (1) Unless specified otherwise in this Act also applies that proceedings instituted before its entry into force. The legal effects of the acts of the proceedings occurred before the effective date of this Act, remain unchanged. (2) The Regional Court, the effective date of this Act, will take over from the district court Commercial register maintained for the circuit and even as a court of first instance of the proceedings relating to the commercial register, which until the effective date of this Act was not a final decision. The procedure for appeals against decisions of the district courts in cases Commercial Register commenced but not completed before the effective date of this Act, take and complete the superior courts. (3) Proposals for retrial filed before the effective date of this Act, shall be dealt with under the existing regulations. (4) the Proceedings on appeal and complaint for "of the law, on which no final decision until the effective date of this Act, takes over and completes the existing regulations by the Supreme Court. Article III, Chairman of the Chamber of Protect of the Parliament is authorized, in the Collection of Laws of the Czech Republic, the full wording of the Act No. 99/1963 Coll., the Civil Procedure Code, as follows from amended. Article IV This Act repealed Article V, except for Art. I, points 9, 17, 21, 30, 31, 48 and 54 and Art. (IV) comes into force on 1 January 1996. Art. And paragraphs 9 to 17, 21, 30, 31, 48 and 54 and Art. (IV) become effective upon publication. Uhde Havel mp mp mp Klaus