315/2006 Sb.



LAW



of 23 December 2003. in May 2006,



amending Law No. 26/2000 Coll., on public auctions, as amended by

amended, and certain other laws



Change: 89/2009 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment of the Act on public auctions



Article. (I)



Law No. 26/2000 Coll., on public auctions, as amended by Act No 120/2001

Coll., Act No. 517/2002 Coll., Act No. 256/2004 Coll., constitutional

the Court declared under no. 181/2005 Coll., Act No. 377/2005 Coll. and act

No 56/2006, is amended as follows:



1. In paragraph 2 (a). e), the words "trade licence" shall be replaced by

"privilege (§ 6 (1). 1) ".



2. in paragraph 2 of the letter g) and (h)):



"(g)) by invoking the licitátorem statement about a subject raised by the auction,

putting the lowest administration and the amount of the established minimum bid up, as well as

I call to the participants in the auction for the submission of tenders,



h) commencement of the auction, the auctioneer's fee statement launches the auction, if it is not

otherwise stipulated, ".



3. in article 2, the following paragraph 2a is inserted:



"§ 2a



(1) negotiations in the organisation and in the course of the auctions take place always in Czech

language. Documents must be written in the Czech language, otherwise they

not taken into account. This does not affect the right to submit a document in a language other than

Czech language together with an official translation of the document into the Czech language.



(2) a participant of the auction can be use in the course of the auction and in a foreign

the language to be translated into the Czech language interpreter, which

procure at its own expense, if this fact in writing

dražebníkovi, no later than at its entry in the list of participants of the auction. ".



4. in article 3, paragraph 1 shall be deleted.



Paragraphs 2 to 7 shall be renumbered 1 to 6.



5. in section 3, paragraphs 5 and 6, including the footnotes # 3a and 3b are inserted:



"(5) the participants in the auction, the auctioneer shall be the organising and carrying out the

this auction, the person who is the statutory body or a member of his

of the statutory or other authority, his employee, the auctioneer, who

this auction is the auctioneer acts, and on the receiver

the essence, liquidator or trustee, if the petitioner of this

auction; No one is allowed to bid for them.



(6) a participant in the auctions also may not be the person that is in relation to some

of the persons referred to in paragraph 5 person ^ 3a), a companion, a person

the controlled entity or person which form a group with her ^ 3b); No person shall sell by auction

for them.



3A) section 116 of the civil code.



3B) §66A. 2 to 7 of the commercial code. ".



6. In paragraph 3, the following paragraph 7 is added:



"(7) where the nature of the subject of the auction is permissible does not preclude the common

the participation of more parties to the auction in order to acquire the subject

the auction. The condition of the common participation in the auction is that it will be before writing

common list of participants of the auction participants presented

dražebníkovi affidavit of all common participants in the auction, which

It will include the determination of future shares in the vydraženém of the subject of the auction,

as well as the authorization of the person entitled to the common participants in the auction

to represent and to be provided with officially verified signatures all

common to the participants of the auction. With the exception of the determination of the person entitled to the common

participants in the auction does not represent any restrictions contained in the Declaration

the participants of the auction, or arising from their agreement to

dražebníkovi not effective against third parties. Finally, the participants of the auction

responsible for the payment of the price achieved jointly and vydražením

severally. ".



7. in paragraph 5 of the text at the end of paragraph 1, the words ", subject to the

This law provides otherwise ".



8. In paragraph 6 of the following shall be added at the end of paragraph 1, the phrase "without the opinion of

the Ministry, in which the Ministry expressed that the auctioneer has

prerequisites to the exercise of the auction activities and related activities, it cannot

Trade Licensing Office to issue the concession contract. In its opinion, the Ministry will assess the

prerequisites to perform the activity and the auctioneer auction activity

related in terms of compliance with the legislation in force, guarantees

protection of the interests of the applicant, the owner of the lot, the participants of the auction

and other persons having rights to the subject of the auction is also based on him

submitted, the auctioneer, drawn up the basic rules of procedure

auctioneer in the performance of the auction activity and related activities.

Auctioneer, carrying out in the territory of the Czech Republic and

temporarily auction in accordance with part II of this Act may also be the person who

proves that it is established in another Member State of the European Union, and that is

under the legislation of another Member State of the European Union shall be entitled to

operate similar activities within the meaning of this Act, the auctioneer.

The auctioneer under the preceding sentence, the special conditions for the operation of

the activities of the auctioneer shall not apply. ".



9. In paragraph 6 of paragraph 2 the following paragraphs 3 and 4, including

footnote No. 4a shall be inserted:



"(3) the Auctioneer conducting the auction must in addition to the requirements of involuntary

referred to in paragraphs 1 and 2 meet the following conditions



and) If a legal person, its registered capital, or

the recording capital of at least Eur 5 000 000 and must be in the

fully paid up,



(b)) its obligation under paragraph 2 must be met so that the amount of the

the claims amounted to at least 35 000 000 Eur, and



(c)) is required to have been validated for its financial statements by the auditor referred to in

special legal regulation ^ 4a).



(4) if the administrator in bankruptcy by the applicant, must not be at the auction

participate in the auction. If the proponent of the administrator in bankruptcy,

that is a legal person shall not carry out auction auctioneer, that is

in relation to the applicant, a person forming a companion with him,

its statutory body or a member of his statutory or other

authority or its employee, nor the auctioneer, which the petitioner is

Companion. If the proponent of the receiver that is

a natural person shall not carry out auction auctioneer, that is in relation to the

applicant person or his employee, or auctioneer,

the appellant is a partner, a statutory body or a member of his

of the statutory or other authority, or his employee.



4A) section 20 of Act No. 563/1991 Coll., on accounting, as amended

regulations. ".



Paragraphs 3 and 4 shall become paragraphs 5 and 6.



10. In section 6 (1). 5, the words "the obligation to negotiate and maintain insurance"

shall be replaced by "one of the obligations referred to in paragraphs 2 to 4.



11. in section 10, paragraph 1. 2, the second sentence shall be deleted.



12. in section 12 paragraph 4 is added:



"(4) the publication of the way in place of the usual is for real estate auctions

publication on the official Board of the municipal authority, the Office of the city district or

the urban perimeter, the area in which the property is situated. For the publication of the

way in place of the usual hive, delivers these to auctioneer

authorities auction notice with a request for its publication on the official Board and

at the same time in a periodical review intended for the territory of the local government

a whole, the area in which the property is situated, shall publish at least the basic

details about the subject of the auction, place and time of holding the auction, the lowest of administration,

the amount of minimum bid up and the estimated or determined the price, as well as an indication of the

where you can get acquainted with the full text of the auction ".



13. in paragraph 14, the following shall be added at the end of paragraph 2, the phrase "if so provided by

auction, you must have a letter of guarantee issued by the Bank with its headquarters

on the territory of the United States or a foreign bank authorized to operate in

accordance with the specific legislation ^ 10a) on the territory of the Czech Republic. In

auction may also be as a condition of admissibility of the Bank

the guarantees provided for the minimum period of its validity, but not in the length of

more than 160 days from the date of the auction, at which the bank guarantee

applies. If the auction exceeds the security amount equivalent to EUR 15 000,

may be excluded in the auction of its composition in cash to the

the hands of the auctioneer. ".



Footnote No. 10a is inserted:



"10a) Act No. 21/1992 Coll., on banks, as amended.".



14. in article 14, paragraph 3 reads:



"(3) For the composition of the auction of the security must be a participant of the auction

given a reasonable period which shall not be less than half the time limits

set for publication of the auction. In the auction can

be the end of the period for the lodging of a security in a cash auction attention

the auction or in the form of a bank guarantee set at a specified moment

preceding the start of the auction, but not for a moment earlier than the

Sixteen hour working day immediately preceding the date of

the holding of the auction. If it is not in the auction provided something else ends

the time limit for the composition of the auction securities starting auction. ".



15. In paragraph 17, at the end of paragraph 1, the following sentence "may file a Proposal and

more people, and even if they are not co-owners of the lot. ".



16. in section 17, paragraph 3, including footnote # 11a is inserted:



"(3) the subject of the auction can be a thing, undertaking ^ 7) or part thereof, or other

thing, the set of things in bulk, apartment or commercial space owned by the


under special legislation ^ 11a), and transferable property right,

It was suggested their auctioning and fulfil the conditions laid down in this

by law.



11A) Act No. 72/1974 Coll., to regulate certain co-ownership

relationships to buildings and certain ownership relationships to flats and non-residential

spaces and the following certain laws (the law on the ownership of flats)

as amended. ".



17. § 17 paragraph 5 including the footnotes # 11b, 12 and 13 is:



"(5) items of cultural value of archaeology and cultural items

the value of the sacral and iconic nature can be auctioned, only if they are provided with

certificate of permanent export ^ 11b). Things on which is binding legal

right of first refusal of the State under special legislation, statutory ^ 12)

pre-emptive right of ownership, and flats and non-residential premises, with which it is

treatment of limited right of tenants to preferential acquisition of ownership or

the legal supply of tenants under a special legal

prescription ^ 13), you can bid only if the each of the authorized persons with

by performing the auction in the form of a written statement of consent with

the notarized signature and submitted to dražebníkovi no later than

before signing the auction. This consent may be subject to the condition

the lowest of Administration will not be lower than the price in the consent referred to. Even without the

This consent is permissible, the auction held at the proposal of the administrator

in bankruptcy, if called upon in writing the administrator in bankruptcy

the use of the beneficiaries of the right of pre-emption, or right of

priority the acquisition of the lot and was not used in time this right.

If the auction takes place under this paragraph, it is not permitted to lay down

the lowest price or injection under referred to in any of the consents

granted to the beneficiaries, to reduce the lowest Administration held

a repeated auction; rights pursuant to § 23 para. 11, however, are not affected.



11B) § 3 of the law No 71/1994 Coll., on the sale and export of objects of cultural

values, as amended by Act No. 80/2004 Sb.



for example, § 12) 13 of Act No. 20/1987 Coll. on State heritage preservation, in

as amended, § 61 of Act No. 114/1992 Coll., on the protection of

nature and landscape, as amended by Act No. 222/2004 Coll.



13) § 22 para. 1, 2 and 6 of Act No. 72/1994 Coll., as amended

regulations. ".



18. In article 17, after paragraph 5, insert a new paragraph 6, including

footnotes # 13a and 13b:



"(6) the transition of ownership of the flats and non-residential spaces on the successful bidder

on the basis of auctions held pursuant to paragraph 5 shall lapse: pre-emptive rights

tenants, as well as their rights to preferential acquisition of ownership to

these flats and non-residential spaces, if previously alive. Apartments in

buildings owned or co-owned cooperatives, on the

the construction was given the financial, credit and other assistance referred to in

special legislation ^ 13a), if the team was obliged to

to conclude a contract on the transfer of the apartment with a natural person by a member of the cooperative, which

under special legislation ^ 13b) called on the squad to the conclusion

Treaty on the transfer of the apartment, unable to bid.



13A) for example, Decree No 136/1985 Coll., on financial, credit and other

help the cooperative and individual housing construction and modernisation of

family houses in personal ownership, as amended.



13B) section 24 of Act No. 42/1992 Coll., on the adjustment of property relations and

the settlement of property claims in cooperatives. section 23 of Act No. 72/1994

Coll. ".



Paragraphs 6 to 8 shall be renumbered 7 to 9.



19. in paragraph 17, the following shall be added at the end of paragraph 7, the phrase "this does not apply if the

each of the authorized persons to carry out their agreement in the form of auction

a written statement with the notarized signature and

submitted by dražebníkovi at the latest before the signature of the auction. (I)

without this consent is permissible, the auction held at the proposal of the administrator

in bankruptcy. If the auction takes place with the consent of the beneficiaries,

It is not permissible to provide the lowest price or injection under referred to in

any of the consents granted in this way, reduce the lowest Administration held

a repeated auction; rights pursuant to § 23 para. 11, however, are not affected.

The transition of ownership of the subject of the auction on the successful bidder shall cease

an option to purchase the rights referred to in the first sentence. ".



20. In article 18, paragraph 1, the following paragraph 2 is added:



"(2) the Auctioneer is entitled to collect a reward for sale from

of the applicant and, in the case of auctions of movable assets from the successful bidder. The amount of the

the remuneration collected from the applicant or the method of determining or arrangements on

the fact that the petitioner will be made for the auction free of charge, must be

agreed upon in the contract of sale. The amount of the remuneration collected from

the successful bidder or the method of determining the maturity or understanding about

that auction will be carried out free of charge, for the successful bidder must be

listed in the auction. ".



The former paragraph 2 becomes paragraph 3.



21. in section 19 paragraph 2 reads as follows:



"(2) the contract of sale must contain an indication that it is a

auction volunteer, marking the appellant, auctioneer and subject

the auction, the lowest of administration, the time limit for payment of the price reached vydražením

more than 500 000 €, the amount of remuneration or the method of determining, or

arrangements that will be made to the petitioner the auction free of charge.

Concludes a contract of sale with auctioneer together more

the appellants, who are co-owners of the lot, shall be

the annex to this Treaty, the treaty governing their mutual relations

about the auction and the results thereof. ".



22. in section 20 (2). 1 letter d) is added:



"(d)) the designation and description of the subject of the auction and its accessories, the rights and

commitments on the subject of the auction váznoucích, and associated with it, if

materially affect the value of the lot, a description of the State in

where the subject of the auction is located, its estimated or observed price, and

If the subject of the auction is a cultural monument, even this fact ".



23. in section 20, at the end of paragraph 1, the period is replaced by a comma and the following

letters k), (l)) and m) are added:



"to) an indication that the information about the subject of the auction in the auction

or in part, in particular on the description of the status of the subject of the auction and

rights and obligations to the subject of the auction váznoucích, lists only

According to available information, or that the applicant warrants to the property

the subject of the auction or responsible for its defects only to the extent

the auction announcement,



l) the time limit for payment of the price reached vydražením in excess of 500 000 CZK



m) amount of remuneration collected from the purchaser or the method of determining its

the maturity or understanding about that auction will be made for the successful bidder

free of charge ".



24. in paragraph 23 of the paragraph 6 is added:



"(6) the auctioneer is required to make a declaration that it is launching an auction.

Immediately after the invocation and is required to make his first points

statement about the subject of the auction. The content of the Declaration on the subject of the auction is

In addition to indicating the subject of the auction is also putting his estimated or established

prices, as well as a description of other facts pursuant to section 20 (2). 1 (b). (d))

or at least a link to their description in the auction. ".



25. in article 23, paragraph 11 is added:



"(11) if any of the participants in the auction the right of first refusal to the subject

the auction and provide proof of the dražebníkovi documents or their officially

certified copies to the start of the auction, the item is not laid down bound;

If this participant of the auction filing at the same rate as the highest

Administration, shall grant the auctioneer hammer him. ".



26. in section 24 paragraph 3 reads:



"(3) each, to whose rights were performing substantially auctions

the hardest hit and is a participant in the auction, the bidder by a person authorised of the

the right of pre-emption to the subject of the auction, the person entitled to the right of

priority the acquisition of the subject of the auction or the person to which the proposal was

enforceable decision prohibited with the subject of the auction to dispose of, the

request the Court to the Court held the invalidity of the auction, if the auctioneer

dropped from the auction, though, so he was obliged to do so, if the subject of the globe and mail

the auctioning of a person who is excluded from participating in the auction, or, if not

conditions in § 12 para. 1 and 2, § 14 para. 3, § 17 para. 5 and 6, §

19, 20, § 23 para. 1 to 10 of section 25 and section 26 para. 1 and 2 or, if the

auctioned items excluded from the auction sale. If there is no right to determine the

the invalidity of the auction also claimed within 3 months from the date of the auction,

ceases to exist. ".



27. in paragraph 4 of section 29 reads:



"(4) if the price reached vydražením higher than 500 USD, is the successful bidder

obliged to pay the price reached vydražením within the time limit, which is set

in the auction, which, however, must not be



) and less than 10 days from the date of the end of the auction,



(b)) of less than 30 days and no longer than 90 days from the date of the end of the auction, if it is

about the auction commenced on a proposal from the administrator in bankruptcy. ".



28. in section 29, paragraph 5 shall be deleted.



29. section 35, including the title reads as follows:



"§ 35



Transfer of the proceeds of the auction



The proceeds of the auction the auctioneer passes after the settlement of the costs of the auction without

undue delay after the payment of the price reached vydražením the applicant,

If it is not between the auctioneer and the plaintiff agreed to something else. If it was


the auction on a proposal made more of the appellants who were not

the co-owners of the subject of the auction, the proceeds of the auction the auctioneer passes to each

the claimant in the amount stipulated in the contract on the adjustment of relations

These plaintiffs, concluded pursuant to § 7 para. 2 the second sentence, if it is not

between the auctioneer and the complainant agreed something else. ".



30. In article 36 paragraph 1 including the footnotes # 15 and 16:



"(1) Auction the auction is carried out on an involuntary draft escrow

a creditor whose claim is granted in an enforceable judicial decision

or enforceable arbitration ^ 15) or documented by an enforceable

the notary's registration or enforceable exekutorským entry

contains the formalities laid down by special legislation ^ 16), or

accompanied by other enforceable decision, which the Court admits the performance

the law, including the payment of assessments and statements of arrears.



15) Act No. 216/1994, Coll., on arbitration proceedings and enforcement of arbitral

the findings.



16) section 71a to 71 c of Act No. 357/1992 Coll., on the notarial profession and their activities

(the notarial regulations), as amended by Act No. 30/2000 Coll., section 78 (a). a) of law No.

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

and amending other laws. ".



31. In article 36, paragraph 3 reads:



"(3) the Auction lender is a person whose claim is secured by

a lien on the subject of the auction, including a judicial Lien

rights. If the auction lender of government authority, or other

the authority is relieved to the extent necessary for the implementation of the auction obligations

confidentiality. ".



32. In article 36, paragraph 4, including footnote # 16a is inserted:



"(4) the subject of the auction may be all that you can be a pledge by

special legal regulation ^ 16a). The provisions of § 5 para. 2 this is not

without prejudice to the. The subject of the auction may not be the subject of the cultural values of the scope

Archaeology and cultural values of the sacral and iconic nature,

that is not provided with a certificate of permanent export.



16A) § 153 para. 1 and § 154 of the civil code. ".



33. In article 37, paragraph 1, the following paragraph 2 is added:



"(2) the owner of the lot, as well as the one who has any right to

the subject of the auction, has the obligation to inform without delay

dražebníkovi on its request, all information that is known about him

the status of the subject of the auction, as well as the rights and obligations to the subject of the auction

váznoucích; the provisions of paragraph 1 concerning the fulfilment of the conditions relating to the

the contract of sale shall apply mutatis mutandis. ";"



The former paragraph 2 becomes paragraph 3.



34. In article 39, paragraph 3 reads:



"(3) the annex to the contract must be enforceable rights title deeds

Escrow lenders title deeds collateral claims of lien

the right to the subject of the auction and title deeds the emergence of claims and

her maturity, if these do not arise from the fact of the Charter

confirming the enforceability of the rights auction lender. ".



35. In article 39, paragraph 7 shall be deleted.



Paragraphs 8 to 12 are renumbered 7 to 11.



36. In article 39, paragraph 7 is added:



"(7) the Signatures of the applicant and the auctioneer on the contract of sale

must be officially validated so that this Agreement shall be the applicant, and

obligations must be signed before the body authorised the legalisation. ".



37. In section 40 para. 1 the word "owner" shall be replaced by "pledge

the debtor ".



38. In article 40, paragraph 3 reads:



"(3) if the notice of auction pledgers are void of legal

acts the Pledger, whereby after the service of such notice

in fact, the subject of the auction at the expense, has entered into a lease agreement or which would

incurred in respect of the subject of the auction the new obligations of decreasing its value or

limiting the ability to deal with the subject of the auction; This does not apply if

subject of the auction or if it was auctioned at Christie's auction of frustrated and there is

repeated auction the auctioneer, dropped from the auction or if the auction

invalid. The provisions of the first sentence shall apply, mutatis mutandis, also to the legal acts

Lien debtor. ".



39. In paragraph 43, at the end of paragraph 1, the period is replaced by a comma and the following

the letter n) are added:



"n) where appropriate a warning that the information about the subject of the auction in the auction

or in part, in particular on the description of the status of the subject of the auction and

rights and obligations to the subject of the auction váznoucích, lists only

According to available information, or that the applicant for the incorrectness of the

such information in whole or part is not responding ".



40. In article 43, paragraph 3 reads:



"(3) if the subject of the auction property or if the lowest administration

exceeds 100 000 Eur, shall publish the auctioneer auction notice always on

the central address for at least 60 days before the auction. In the same

the time limit shall deliver the auctioneer auction notice even to the Municipal Council and the Office of the

City District or borough, in whose district the auction take place,

with a request for its publication on the official Board. On the notice board can be

i just publish the location and time of the auction, the lot marking,

putting the lowest of administration, the amount of minimum bid up and or

an observed price and is also given an indication of where you can get acquainted with the

full text of auction. ".



41. In § 46 para. 1 (b). e), the words "40 and 44 shall be replaced by ' paragraph 40

paragraph. 1 and 2, and section 44 ". 6 (1). 1 at the end of the text of subparagraph (g))

the words "; This does not apply in cases where it was the basis for the regulation of performance

the decision enforceable notarial instrument or enforceable executory

the registration, which was drawn up in the last 3 months before the auctions ".



42. In § 46 para. 1 at the end of the text of the letter g), the words "; It

does not apply in cases where it was the basis for a writ of

an enforceable notarial deed or writ, which is enforceable

was written in the last 3 months before the auctions ".



43. In article 46, paragraph 3, including footnote # 17a is inserted:



"(3) if the auctioneer is waived in accordance with paragraph 1 (b). g) from the auctions,

You cannot make a decision until the end of the performance period, in which the successful bidder

obliged to pay the price reached vydražením, up to the date on which

the auctioneer shall refrain from auction or for any other reason, or to the date of the

the auction, unless it has been made even the lowest of administration. If there is a

auctioning of the subject of the auction is the transition of ownership of the subject of the auction on

the reason for stopping power against a decision by a special

^ law 17a).



17A) § 268 paragraph. 1 (b). h) of the code of civil procedure. ".



44. the following section is inserted after section 46 46a, including footnotes.

17B is inserted:



"section 46a



(1) If you cannot do this in an auction originally published date because

its design prevents the decision of the Court or administrative authority of the

the preliminary measure, or as a result of filing a suit to declare

the inadmissibility of the sale of the collateral under a special legal regulation ^ 17b)

or as a result of force majeure, nor the auctioneer from the auction, but

the auction will take place on the scheduled date. The auction will be in this case

made within 90 days after the removal of the obstacles to learning about the auction.



(2) in the cases referred to in paragraph 1, the auctioneer shall, within a period of at least

30 days before the date of the auction to publish in the same manner as it was

published auction, an addendum to this auction, in which

will be given the place, date and time of the auction, the new tour dates

the subject of the auction, as well as other relevant facts relating to the auction

in the period from the publication of the auction occurred or which

a change in this period. The time limit for the composition of the auction of the security in this

the case shall not be less than half of the period set for the publication of the

a supplement to the auction.



17B) section 166 of the civil code. ".



45. In article 47 paragraph 6 is added:



"(6) the auctioneer is required to make a declaration that it is launching an auction.

Immediately after the invocation and is required to make his first points

statement about the subject of the auction. The content of the Declaration on the subject of the auction is

In addition to indicating the subject of the auction is also putting his estimated or established

prices, as well as a description of other facts pursuant to § 43 para. 1 (b). (d))

or at least a reference to putting them in the auction. ".



46. In paragraph 48 of paragraphs 3 and 4 are added:



"(3) each, to whose rights were performing substantially auctions

and is the debtor, the secured debtor, the Pledger, a participant in the

the auction, the auction lender or the applicant, may propose to the Court,

the Court held that the annulment of the auction, if the auctioneer dropped from

the auction, though, so he was obliged to do so, the globe and mail-if the subject of the auction the person

that is excluded from participating in the auction, or the conditions are not fulfilled

referred to in § 36 odst. 1 and 4, § 39 para. 1 to 7, 9 and 11, § 40 paragraph 2. 1 and

2, § 43 para. 1 to 3 or § 46 para. 1 or, if auctioned from auctions

excluded items for auction. The reason no invalidity of involuntary

the auction may not be the fact that the auction was not delivered

the debtor, or the debtor pledge, pledgers if the auctioneer

auction notice within the prescribed period. If there is no right to determine the

the invalidity of the auction also claimed within 3 months from the date of the auction, ceases to exist.




(4) each, to whose rights were performing substantially auctions

the hardest hit and is a participant in the auction, the auction lender or

the claimant, may propose to the Court, the Court held that the annulment of the

auctions, are not subject to the conditions referred to in article 15, paragraph 2. 1 to 3 of section 39,

42, § 43 para. 1 to 3, 5 to 7, § 44, § 47 para. 1 to 12 and § 49.

The reason no invalidity involuntary auction cannot be

the fact that the auction was not delivered to the debtor, pledgers,

the pledge to the debtor, or if the auctioneer auction notice in

the prescribed time limit. If there is no right to determine the invalidity of the auction

claimed within 3 months from the date of the auction, shall cease to exist. ".



47. In article 48, paragraph 5 shall be deleted.



Paragraphs 6 and 7 are renumbered as paragraphs 5 and 6.



48. In paragraph 49, at the end of paragraph 2, the words "or if it was not

even the lowest of Administration has been made during the auction held in the circumstances referred to in section 46

paragraph. 3. "



49. In article 58, paragraph 2 reads as follows:



"(2) the Lien rights to the subject of the auction, which are in terms of their

the emergence of older than the oldest liens securing the logged-in

the claim, pointing to the ownership of the subject of the auction do not expire and acts

to the auctioneer. Claims secured those rights if they are not yet

become payable on the date of transfer of the ownership of the subject of the auction

chargeable. ".



50. in paragraph 63, the following shall be added at the end of paragraph 1, the sentence "this does not apply if the

auction implies something else. If the plaintiffs, one of the auction

more, in accordance with the first sentence for defects of the subject of the auction together and

severally. ".



51. In § 63 para. 2, the first sentence is replaced by the phrase "at the auction of involuntary

the appellant is not liable for any defects of the subject of the auction, however, corresponds to the

for damage caused by unauthorized draft on sale; This

liability is waived. ".



52. In § 63 paragraph 4 is added:



"(4) the Auctioneer is responsible for any damage caused by the violation of the provisions of the

of this Act; but is not responding for any damage suffered as a result of

the incorrectness or incompleteness of the information about the subject of the auction listed in auction

the Decree on the basis of supporting documents provided by the applicant, or a third

person. Their responsibility is the auctioneer shall relieve, if it proves that the

the damage could not prevent unavoidable despite all efforts that can be

reasonably require. The auctioneer is also responsible for damage caused by

third party procedure auctioneer; This responsibility cannot be

exempt. ".



53. In paragraph 63, the following paragraph 8 is added:



"(8) the person who filed the application for a declaration clearly gratuitous auction

invalid, corresponds to the claimant, and the auctioneer for dražebníkovi

the damage that they arose as a result. "



Article II



Transitional provision



The auction, for whose implementation has been concluded prior to the date of acquisition

of this Act, or in respect of which was before this date

published auction, as well as relations with them related,

governed by existing laws.



Article. (III)



Powers of execution



The Prime Minister shall be empowered, in the collection of laws promulgated the full text

Law No. 26/2000 Coll., on public auctions, as derived from the laws and

Constitutional Court of changing it.



PART TWO



cancelled



Article IV



cancelled



PART THREE



Amendment to the Trade Licensing Act



Article. In



Act No. 455/1991 Coll., on trades (Trade Act),

as amended by Act No. 234/1992 Coll., Act No. 586/1992 Coll., Act No.

600/1992 Coll., Act No. 273/1993 Coll., Act No. 303/1993 Coll., Act No.

38/1994 Coll., Act No. 42/1994 Coll., Act No. 133/1994 Coll., Act No.

200/1994 Coll., Act No. 237/1995 Coll., Act No. 283/1995 Coll., Act No.

94/1996 Coll., Act No. 95/1996 Coll., Act No. 147/1996 Coll., Act No.

19/1997 Coll., Act No. 49/1997 Coll., Act No. 61/1997 Coll., Act No.

79/1997 Coll., Act No. 217/1997 Coll., Act No. 277/1997 Coll., Act No.

15/1998 Coll., Act No. 82/1998 Coll., Act No. 157/1998 Coll., Act No.

167/1998 Coll., Act No. 159/1999 Coll., Act No. 359/1999 Coll., Act No.

363/1999 Coll., Act No. 360/1999 Coll., Act No. 363/1999 Coll., Act No.

27/2000 Coll., Act No. 29/2000 Coll., Act No. 121/2000 Coll., Act No.

122/2000 Coll., Act No. 121/2000 Coll., Act No. 128/2000 Coll., Act No.

149/2000 Coll., Act No. 151/2000 Coll., Act No. 155/2000 Coll., Act No.

247/2000 Coll., Act No. 247/2000 Coll., Act No. 258/2000 Coll., Act No.

308/2000 Coll., Act No. 367/2000 Coll., Act No. 406/2000 Coll., Act No.

458/2000 Coll., Act No. 100/2001 Coll., Act No. 120/2001 Coll., Act No.

164/2001 Coll., Act No. 257/2001 Coll., Act No. 273/2001 Coll., Act No.

477/2001 Coll., Act No. 483/2001 Coll., Act No. 501/2001 Coll., Act No.

86/2002 Coll., Act No. 119/2002 Coll., Act No. 174/2002 Coll., Act No.

281/2002 Coll., Act No. 312/2002 Coll., Act No. 320/2002 Coll., the award

The Constitutional Court declared under no. 476/2002 Coll., Act No. 88/2003 Coll.

Act No. 130/2003 Coll., Act No. 161/2003 Coll., Act No. 222/2003 Coll.,

Act No. 228/2003 Coll., Act No. 274/2003 Coll., Act No. 356/2003 Coll.,

Act No. 441/2003 Coll., Act No. 38/2004 Coll., Act No. 119/2004 Coll.

Act No. 167/2004 Coll., Act No. 256/2004 Coll., the Act No. 326/2004 Coll.

Law No. 499/2004 Coll., Act No. 695/2004 Coll., Act No. 58/2005 Coll.

Act No. 95/2005 Coll., Act No. 127/2005 Coll., Act No. 216/2005 Coll.

Act No. 235/2005 Coll., Act No. 361/2005 Coll., Act No. 444/2005 Coll.

Act No. 428/2005 Coll., Act No. 62/2006 Coll., Act No. 76/2006 Coll.

Act No. 109/2006 Coll., Act No. 115/2006 Coll., Act No. 135/2006 Coll.

Act No. 159/2006 Coll. and Act No. 165/2006, is amended as follows:



1. In § 52 para. 1 the first sentence, after the words "shall submit an application for the concession"

the words "together with all the documents submitted by the applicant for

the concession, which are necessary to give an opinion ".



2. in annex No. 3 FRANCHISED BUSINESS group 314 "others" in the

column 1 on the end of the text "the implementation of public auctions" words

"a voluntary, b)) captive."



The text in column 2 is added: "for the implementation of public auctions of voluntary: and)

College degree and 1 year of experience in the auction or real estate activities

or (b)) secondary education and 5 years of experience in the auction or real estate

activities, or c) documents pursuant to section 19 para. 1 (b). e) Law No 18/2004

Coll., on the recognition of professional qualifications for conducting public auctions

captive: a) a college education and 3 years experience in the auction

or real estate activities, or b) secondary education and 6 years of experience in

auction or real estate activities, or c) documents pursuant to section 19 para. 1

(a). e) Law No 18/2004 Coll., on the recognition of professional qualifications ".



The text in column 5 is: "§ 6 para. 1 of law No 26/2000 Coll., on public

Auctions ".



Čl.VI



Transitional provisions



1. the current license with the subject "implementation of the business

public auctions ", which lasted on the date of entry into force of this Act,

shall be construed as permission to trade "implementation of public

auctions and) voluntary, b) captive ", unless provided for something

another.



2. the Trade Licensing Office shall issue on request of the entrepreneur, who operates on the date

entry into force of this Act, the business with the subject "implementation of the business

public auctions "and that it intends to continue to operate the only public sale

voluntary, a new concession, the instrument with the subject "implementation of the business

public auctions and) voluntary ". The release of a new concession of the Charter

is not subject to an administrative fee.



3. the persons who are entitled under the existing legislation to

the activity, which is the licensed trades "the implementation of public auctions"

and they intend to continue to operate whether or not the public sale of involuntary, are

shall, within a period of 1 year from the date of entry into force of this Act

submit trade documents demonstrating compliance with the Office of professional

eligibility, if the Trade Licensing Office has already

the previous control, and prove compliance with the conditions under section 6 (1). 1

Law No. 26/2000 Coll., in the version in force from the date of entry into force of this

the law. Provide proof of these persons if the documents and the conditions referred to in

the first sentence of this paragraph, the Trade Licensing Office shall issue a decision establishing the

changes the decision on the award of the concession, and then issue the concession deed

the changed data. If he fails to do so, the authority shall issue a business license

decision amending the decision on the award of the concession, and then issue the concession

the Charter to the extent of the implementation of the voluntary public auctions. These acts

are not subject to an administrative fee.



4. Proceedings for the award of the concession, "the implementation of public auctions" launched

before the date of entry into force of this law shall be completed pursuant to law No.

26/2000 Coll., in the version in force from the date of entry into force of this Act.



PART FOUR



To change the code of civil procedure



Article. (VII)



In § 35 para. 1 of Act No 99/1963 Coll., the code of civil procedure, as amended by

Act No. 135/1982 Coll., Act No. 519/1991 Coll., Act No. 360/1999 Coll.

Act No. 30/2000 Coll., Act No. 105/2000 Coll., Act No. 451/2001 Coll. and

Act No. 205/2005 Coll., on the end of the letter l) is replaced by a comma and dot

the following letter m) including footnote # 57b:




"m) no invalidity auction ^ 57b).



57B) Law No. 26/2000 Coll., on public auctions, as amended

regulations. ".



PART FIVE



The EFFECTIVENESS of the



Article. (VIII)



This Act shall take effect on 1 January 2000. September 2006.



Fort Worth Star Telegram in r.



Klaus r.



Paroubek in r.