168/2009 Sb.



The DECREE



from day 4. June 2009,



amending the Decree of the Ministry of Justice of the Czech Republic.

37/1992 Coll., on rules of procedure for the district and regional courts, as amended by

amended



The Justice Department determined in accordance with section 45, paragraph. 1 of Act No. 6/2002

Coll., on courts, judges, lay judges and the State administration of courts and amending

certain other laws (the law on the courts and Judges Act), section 469 of the law No.

141/1961 Coll., on criminal court proceedings (code of criminal procedure), as amended by law

No. 539/2004 Coll. and under section 374 paragraph. 1 of Act No 99/1963 Coll., the civil

the rules of court, as amended:



Article. (I)



Decree No. 37/1992 Coll., on rules of procedure for the district and county courts,

as amended by Decree No. 584/1992 Coll., Decree No. 194/1993 Coll., Decree

No 246/1995 Coll., Decree No. 278/1996 Coll., Decree No. 234/1997 Coll.,

Decree No. 482/2000 Coll., Decree No 104/2002 Coll., Decree No.

268/2003 Coll., Decree No. 202/2007 Coll. and Decree No 315/2007 Coll.,

amended as follows:



1. In section 2 (2). 2 (a). (b)) at the end of the text of point 3, the words "and

protection under the legislation on the mass media ".



2. In article 2 (2). 2 (a). (b)) point 5 is added:



"5. the industrial property and the protection of the rights of the varieties".



3. In article 2 (2). 2 (a). (b)), point 5 the following point 6 is added:



"6. other intellectual property rights, including protection against unfair competition".



Points 6 to 13 are renumbered as items 7 to 14.



4. In section 2 (2). 2 (a). (b) a new paragraph 10) shall be deleted.



Points 11 to 14 are renumbered as paragraphs 10 to 13.



5. In section 2, at the end of paragraph 3 the following sentence "the schedule of the work must be

also open to the public in a manner enabling remote access. ".



6. In section 4, the words "judicial candidates,", the words "the assistants

judges ".



7. In section 6 (1). 2 in the introductory part, the words "provisions, assistants

the judge "shall be deleted.



8. In section 6 (1). 2 at the end of the text of the letter e), the words "and

decision pursuant to Section 114b, paragraph. 1 o.s.ř., was a case decided

the European payment order, payment order, or electronic

payment order ".



9. In section 6 (1). 2 at the end of the text of the letter j), the words ", at the

the issue of electronic payment and on the issue of the European

order for payment ".



10. In section 8 of the present text becomes paragraph 1 and the following

paragraphs 2 and 3 shall be added:



"(2) If a part of the file of the audio or audio-visual recording (

"the record"), the Court will allow its play and the acquisition of copies for

the same conditions as in paragraph 1.



(3) if the file is kept in electronic form (hereinafter referred to as "electronic

the file "), the Court shall proceed mutatis mutandis."; "



11. In section 16. 2 at the end of the first sentence shall be replaced by a semicolon and dot

the following words "does not apply, if it is not present at the announcement of the judgment

None of the participants. ".



12. In section 16 paragraph 3 reads:



"(3) Similarly, even when announcing the resolution, except that

the entire resolution announces the resolution and referred to in section 169, paragraph. 2

o.s.ř. may not be justified. ".



13. In § 21. 1, after the words "the clarity of the sound record"

the words "criminal proceedings".



Footnote 2 shall be added:



"2) section 40 of the Act No. 99/1963 Coll., the code of civil procedure, as amended by

amended.



section 55b of Act No. 141/1961 Coll., on criminal court proceedings (code of criminal procedure),

in the wording of later regulations. ".



14. in article 21, the following new section 21a and 21b, which including the following titles:



"§ 21a



Recording and the transcript of the proceedings before the Court in civil

the management of



(1) the record referred to in section 40 o.s.ř. is with recording equipment

capable of ensuring the automatic identification of the speaker. Of completeness and

the clarity of the record shall ensure the writer or other authorized employee

of the Court.



(2) the record shall be kept on a permanent data medium with the understanding that if it is not his

a connection to the file can be kept in documentary form, space saving

shall be recorded in the file. The record is in the same time discard management excludes

with the document.



(3) a transcript shall be entered in the Czech language. Telling us if someone other than the

Czech language, writes in the language of the relevant part of which vyslýchaný

testified, the writer or translator.



section 21b



Decisions and other documents of the Court



(1) the Court is made by the decision in the form in which it is conducted. Copies of the

(copies) the decision shall be made in written or in electronic

the form according to the method of delivery to the participants or to any other person.



(2) Paper copies (copies) shall be signed by the person who made them.



(3) Electronically produced copies (copies) of the decision and the other

Court documents must be accompanied by an advanced electronic signature

based on a qualified certificate issued by an accredited

the certification services provider (hereinafter referred to as "the acclaimed electronic

the signature ") who drew them up, or electronic-based mark

on the qualified certificate issued by an accredited system

the certification services provider (hereinafter referred to as "recognized electronic

Mark ") Court.".



15. section 22, including the title:



"§ 22



The use of the official stamp



Imprint of a round stamp provides the Court, in particular the documentary copies

(copies) of copy of judgments, the instruments of the credentials

education and representation of the minor, the guardian of the provisions or

guardian, official confirmation (report card), the regulation of the enforcement of the sentence and the

the protective measures, the order to arrest, the command for the adoption and

the order to release from custody or imprisonment, the application

about the discovery of the stay of persons, the provisions of the defence counsel, unless the

preparation of the documents involved in the postal service operator in accordance with

section 48 paragraph. 4 o.s.ř., as well as all documents intended for the courts or

other authorities abroad. ".



16. In article 23, the following paragraph 3 is added:



"(3) in an electronic file of the legal power of decision shall indicate the person

referred to in paragraphs 1 and 2 and connect its acclaimed electronic

signature. ".



17. section 24 including title and footnote 2a is added:



"§ 24



The clause about legal power and the enforceability of the judgment



(1) at the request of, who was electronic decision or a copy of the

the decision notified before that decision acquired the authority of,

the Court shall be marked on the copy of the decision or submitted to listinném on

listinném output from the conversion of electronic decisions or

an electronic copy of the decision, according to a special legal

code ^ 2a) (hereinafter referred to as "the physical version of the converted") clause in the legal

to be able to.



(2) at the request of, who was delivered to the electronic decision or

copy of the decision shall be submitted to the Court a copy of the listinném

the decision or on the documentary the converted version of the exequatur

decision.



(3) the Court shall send the message as part of the data at the request of who was

delivered a decision or a copy of the decision, the decision

with the endorsement of the legislative power and the enforceability or an electronic copy of the

the decision, whose content is a clause on legal authority and enforceability.



(4) the submission of the proposal to supplement its judgment is not an obstacle to a connection

the clause about legal power and exequatur decision.



2A) Act No. 300/2008 Coll., on electronic acts and authorized

conversion of documents. ".



18. In the heading of section 25 reads: "submission".



19. In section 25, paragraph. 1 and 2, after the word "filing", the words "in the documentary

the form ".



20. In article 25, the following paragraphs 3 to 5 shall be added:



"(3) where a submission or other document delivered to the Court in documentary

the form of the Court it spawns to the paper file or performs authorized

convert this document ex officio into electronic form according to the

special legal regulation ^ 2a) (hereinafter referred to as the "email the converted

version ") and start it in the electronic file.



(4) where a submission or other document delivered to the Court as part of the

data report, it shall establish a court into an electronic file or converts to

the documentary form and a paper for inclusion in the file.



(5) the annex to the submission delivered to the Court as part of a data message, the Court

for inclusion in the electronic file or converts into documentary form and start

in the paper file. Physical konvertovanou version of these documents

the court record shall be made only if it is necessary. ".



21. under section 26 the following new section 26a, which including the title:



"§ 26a



Electronic file



The electronic file can only lead in the information system specifically designed to

space. ".



22. under section 28a shall be added to § 28b, which including the title:



"§ 28b



Delivery through public data networks



(1) if the addressee Has an enabled data mailbox established pursuant to

special legal regulation ^ 2a) (hereinafter referred to as "data box") or

If the addressee of the service to an e-mail address under section 46 paragraph.

2 and section 46a, paragraph. 2 o.s.ř., the Court shall deliver to the addressee electronically

made a copy of the decision or electronically produced (a copy of)

decision or other electronically produced court documents,

If the nature of the document, through the public data network to

his data or his e-mail address.
(2) where a submission or other document participant's or any other person (hereinafter

"filing") delivered to the Court in documentary form, the Court makes it to the

electronic form and sent by the addressee, which delivers

through a public data network, as part of a data message.



(3) if the submission Was delivered to the Court as part of a data message, send

the Court, which is delivered to the addressee through the public data networks,

the contents of the data message. By the addressee, which are served in paper

the form, the Court shall send a physical version of this administration. ".



23. In paragraph 44. 1 the words "authorities of the relevant district offices"

replaced by the words "the competent authority for social and legal protection of children".



24. In paragraph 44. 2, the words "for the release of the inmate" is replaced by "on the

change of protective upbringing in the constitutional education according to a special legal

^ Regulation 6a), about the release of the child ".



Footnote No. 6a is inserted:



"6a) section 23 of Act No. 218/2003 Coll., on liability for unlawful youth

actions and on the judiciary in matters of youth and on amendments to certain acts (the law

about the judiciary in matters of youth), as amended. ".



25. In section 72 at the end of the text of paragraph 2, the words ", in which the

way to develop relationships between the child in foster care and its

parents and how to develop family and social circumstances of the parents in terms of

possibility of taking over the care of the child ".



26. § 74 to 95, including headings and footnotes, No 13:



"§ 74



Credentials and the activity of the notary



(1) the Court shall transmit to the notaries, which commissioned the performing acts in the proceedings on the

legacy as a Commissioner of the Court (hereinafter "the Court"),

without delay, the appropriate file.



(2) for the activities of the Commissioner, shall apply mutatis mutandis the provisions of parts

the fourth to sixth.



(3) necessary in relation to the acts done at the request of the Court of a foreign country

the Court Commissioner, who perform the operations in the management of heritage commissioned

(hereinafter referred to as ' heritage Court ').



(4) if the law provides that a decision or other document to be

posted on the official notice board of the Court shall transmit to the Court a document

inheritance Court to fly, and in written and electronic form.



(5) in this regulation, provided that the acts done by a court Commissioner,

may in case of danger of delay, the same Act to perform any court

According to § o.s.ř. 175e



(6) If a court Commissioner pursuant to § 14 paragraph. 1 or 2 of the notarial regulations

appointed Deputy, will take over from the Court Commissioner backlog in

which was a court Commissioner in charge, with the concurrence of the inheritance of the Court.

The relevant notarial Chamber shall forward the decision on the appointment of a representative

the competent District Court.



(7) If a court Commissioner pursuant to § 14 paragraph. 3 notarial procedure

appointed substitute, or if appointed in his place another notary,

take these with the concurrence of the inheritance of the court backlog, in which

He was a court Commissioner in charge. This also applies in the case of that stuff takes over the newly

appointed Notary from alternate notary. The competent District Court

deliver relevant notarial Chamber decision on the provisions of the surrogate

notary or a statement that the newly appointed Notary launched.



(8) in the file kept in the management of heritage with the bases of which the

It follows the takeover of the things referred to in paragraph 6 or 7.



§ 75



The survey in the registers



(1) Surveys in the central register of wills, led by the notarial Chamber

The Czech Republic (hereinafter referred to as the "Chamber"), pursuant to section 175c paragraph. 1 o.s.ř. done

Judicial Commissioner shall, without delay after receipt of the file.



(2) survey in the central register of marriage contracts, led by the Chamber of

pursuant to section 175c paragraph. 2 o.s.ř. be carried out on the basis of a court Commissioner to

the result of the preliminary investigation under section 175d paragraph. 1 o.s.ř. This

the survey shall be carried out at zůstavitelů, for which it took at the time of death

marriage, otherwise only where justified by the need to survey the results of the proceedings.



(3) a copy of the communication from the Chamber by special legal regulation ^ 13)

for inclusion in the file.



§ 76



(1) if it is established procedure under section 175c paragraph. 1 o.s.ř. that the testator

He left a will, deed or deed of the dispossessed on the appeal of these operations

(hereinafter referred to as "will") or the provisions of the instrument of succession, administrator

the appeal provisions of the administrator of the inheritance or the instrument of withdrawal of consent

with the provisions of the heritage Manager (hereinafter referred to as "the instrument of management

Heritage ") and this will or deed on the administration of the heritage is stored in

a court Commissioner, the Commissioner shall be the Court of the Protocol for the detection of

the status and content of which firmly attach a certified copy of this Charter.

If the will or administration of heritage is stored at another notary than

a court Commissioner, a notary shall prepare a Protocol on the findings of the

the status and content of which firmly attaches the certified copy (a copy of) the

of the Charter. If it is the will of the Court, shall be deposited with the Court on the basis of the request

a court Commissioner on the findings of its Protocol and the State of the content to which the

firmly attach a certified copy of the will.



(2) the Protocol referred to in paragraph 1 may be drawn up without the presence of the participants

the proceedings. In the Protocol, in particular, whether the Charter is not damaged or

corrected, the form in which it is drawn up, that does not include the fact

zeslabující its credibility, the date of the instrument, and the identification data of the

the persons referred to in the Charter.



(3) the notary who drew up the Protocol on the content and status of the will,

promptly transmit the inheritance of the Court to save the collection of declared

Wills, who was in his custody.



§ 77



(1) where in proceedings for the will of the testator's heritage found in some other way

than under section 175c paragraph. 1 o.s.ř., or someone on the list submitted by the

He claims that this is about the will of the testator, shall establish a court Commissioner

Protocol for the detection of its status and the content to which it attaches firmly

certified copy (a copy of) this Charter. Judicial Commissioner of the Charter without delay,

passes the inheritance of the Court to save the collection of declared wills.



(2) the Protocol referred to in paragraph 1 shall be drawn up with the participation of the person who

the Charter was submitted. It shall indicate the name, surname, date of

of birth, residence and its Declaration, where the instrument is stored or

found, and the further information referred to in section 76, paragraph. 2. The Protocol on

confirm acceptance of the Charter the Court Commissioner.



(3) if it is a handwritten will of the testator, shall be included in the Protocol

statement of the person who will submit, if the acquisition of wills

present, whether the will was drawn up and signed by the testator's own handwriting.



(4) in the case of a will, the testator wrote with his own hand,

the Declaration must be entered in the log of who will submit, if it was

the acquisition will be present, whether the will was signed by his own hand

of the deceased, and to determine what is the residence of the witnesses to the will, and what is the

their relationship to the wills fair and lawful heirs. If the witnesses

In addition, live, figuring out the date of their death.



(5) if it is the will of the testator, at the time of the acquisition of wills

could not read or write, figuring in the log, why could not the testator

to read or write, what is the place of residence of the witnesses of the will, the writers and předčitatelů

and what is their relationship to the wills fair and lawful heirs. If

These people do not live, moreover, the date of their death.



(6) the person has submitted to the Court Commissioner will of the testator, or

the Charter, which says that this is the will of the testator, shall issue one

a copy of the Protocol for the detection of its condition and the contents if it

so requests.



§ 78



(1) where in proceedings for the heritage found that the testator had left

several wills or deeds of the Administration, which are not identical, it is

to determine the status and contents of all; If they are identical, draws up the State and

the content of the will or administration only one protocol, in which the

the number of their copy.



(2) If the testator's will come out after the completion of the proceedings for

Heritage Court finds her condition and content, and get acquainted with her person, that would

According to her, they could exercise their rights on the issue of the heritage. The instrument of

revocation of wills, deeds of the dispossessed and the instrument of appeal, however, the dispossessed

the Court shall inform those persons who would, if the existence of the heritage of the thought

These documents came to light in the management of the heritage.



section 79



(1) the parties to proceedings may inspect the will, which was drawn up

in the form of a notarial deed and whose status and content was detected, and take

a copy of or an extract from it. The Court or the Court of the Commissioner, which is the last will and Testament

stored, allowing access to the wills only if it has determined that it

asks the party to the proceedings. For the inspection of the notarial registrations valid

the relevant provisions of the notarial regulations.



(2) a will, which was drawn up in the form of a notarial deed, the Court may

rent only to another court or experts appointed to on

Wills prepared by expert opinion, and also the Prosecutor for the purpose of

the criminal proceedings. On the place of the will to the collections lent declared

Wills bases its certified copy, which shall contain a clause that contains a

information about when and to whom, or what mark was

will a new lease.



§ 80



Marital property contract
(1) if it is established procedure under section 175c paragraph. 2 o.s.ř., that the testator

a contract to extend or reduce the extent of the common

the assets of the spouses or the contract of reservation of the emergence of common property of the spouses

on the date of dissolution of marriage ("marriage contract") and this agreement

It is stored at the Court of the Commissioner, the Commissioner shall prepare a certified copy of the Court

(a copy of) a notarial deed of the marital contract and start it in the file.



(2) the Commissioner in proceedings to determine whether the deceased made a double

the Treaty, which is recording in the central register of marriage contracts

is not subject to.



(3) if the contract is saved for another notary before the Court of

the Commissioner, on the request of the Commissioner, the notary shall prepare and forward to the

the Court Commissioner certified copy (a copy of) a notarial act of spousal

the Treaty, which the Court Commissioner for inclusion in the file.



§ 81



The preliminary investigation



(1) in the framework of the implementation of the preliminary investigation under section 175d paragraph. 1 o.s.ř.

a court Commissioner will carry out the interrogation of the person who is informed of the personal

the emoluments of the testator, his assets and debts, and draw up about

Protocol.



(2) notification of the Bank on the date of death of the deceased under section 175d paragraph. 5

o.s.ř. the command sent by the Bank pursuant to section 86, paragraph. 1 and the query

pursuant to section 88, paragraph. 1.



section 82



(1) the necessary emergency measures in accordance with § o.s.ř. 175e performs up to file

with the permission of the Commissioner, the Court then the Court is performed by a court Commissioner.



(2) in the implementation of urgent measures can be justified

ask about the synergy of the municipal authority, municipality or city authority.



section 83



Emergency measures by ensuring that motor vehicle shall be effected by

documents and equipment necessary for the operation of the starter motor vehicle

in custody to the Court or the Court of the Commissioner. So proceed only in the

If the motor vehicle is located in a suitable place; otherwise, the

placed in the appropriate schovatele.



§ 84



(1) on the neodkladném measures on site inventory must be known to the participants

Management informed in advance and also advised that the inventory may be

present; This does not apply, there is a danger of delay. Does not appear to

None of the participants in the inventory, inventory can be performed only in the presence of appropriate

and stakeholders on the matter.



(2) an inventory can be performed just in a House, apartment or other premises (hereinafter

"the premises"), to which access is provided. You can forcibly into space

enter only with the knowledge of the owner of the premises, if the testator has not been eating, and

not used if the premises of another person. After the forced entry is to be made

measures to their locks.



(3) the inventory shall be drawn up, which shall state the address of the

the place where the inventory was carried out, and a list of things that are in place

and are eligible for consideration in the heritage. If the claim

someone that a certain thing that is in the place where the inventory is located in

the inventory does not belong, it shall be given to the log with an indication of who and what claims

on her claims.



(4) if the inventory is held in the premises, whose entrance was previously sealed,

the Protocol, in which they were found. If he was

the entrance to the premises after the end of the inventory, it shall be sealed in the

of the Protocol.



(5) if the inventory held in areas where previously there was a seal

entry by someone other than a court, or by the Commissioner, and it is clear who

sealing done, heritage Court, or Court of the Commissioner on the need for it

inventory informs. Conducted by the sealing of the police of the Czech

Republic, a court or a judicial Commissioner shall make an inventory, in conjunction with it.



(6) if there are spaces in which the inventory is to be carried out, in a State that

should the person concerned threatened the life, health or property, the inventory is

does not, and the Court or the judicial Commissioner shall take the measures necessary to ensure

in order to make the inventory.



§ 85



(1) the Emergency measures, the sealing of the space used by the deceased

executes a court or judicial Commissioner at the entrance to the space uzávěrami to

It was possible then to determine whether there has been unauthorized intrusions into

These spaces. Before the sealing of the space usually performs an inventory.

As bond usually apply adhesive tape and prints the official

the stamp so that it was possible to detect the violation subsequently closures. About

the sealing of the space shall be a separate registry just in case

If there is no list at the same time.



(2) the sealing of the space cannot be performed if the testator has not been their

only by the user or if it prevents another fatal circumstance. Obstacle,

that prevents the sealing shall be recorded in the log or the notes in the file.



§ 86



(1) Prohibition of payment of a debtor for the deceased pursuant to § 175e paragraph. 2 o.s.ř.

regarding the deposit on the bank book or account balance in cash

the Institute, or other claims against the cash of the Institute, the Court of

or judicial Commissioner command provided with official stamp. When you perform

the prohibition of payment of the debtors for other than financial institutions,

Similarly.



(2) if the grounds for the prohibition of the payment, the Court or the Court of the Commissioner

the command provided with official stamp.



§ 87



Urgent measures entrustment of things her husband or another Member

the household of the deceased shall take the judicial Commissioner or the Court only if the

appropriate, and if the person to be entrusted with the case, agrees. About

This procedure shall be drawn up, which contains a list of assigned

things, and the lesson of the liability and the obligation to issue the stuff after the

the termination of the proceedings for Inheritors.



section 88



Asset discovery



(1) the Court of the Commissioner in the management questions, so that the status has been detected

assets and debts at the time of the death of the testator. In a query always indicate which

the Court was to perform acts as a judicial Commissioner in charge.



(2) where in proceedings for the reason of judicial Commissioner performs the remote

access the survey data conducted in the form of computer files in the

the land registry, so that the testator's ownership was found to

immovable property registered in the land registry. The survey carried out

in particular, the drawing up of summaries and extracts from the leaves of the ownership of property.

If you cannot get the information from the real estate register in this way, free of charge,

the Court shall request the Commissioner to provide that land registry Department

the cadastral registry, in whose area of competence, the real estate

they are located.



§ 89



Advance payment before the Court Commissioner



The Court, the Commissioner may ask the parties to lay down their reasonable

an advance on his remuneration for the performed operations and his cash outlays.



§ 90



The resolution of the



(1) in the resolution shall indicate the name and surname of the Commissioner, or

an alternate address of his Notary Office and an indication that he was in control of the

Heritage Court entrusted with the succession to perform operations such as judicial Commissioner.

As a place to appeal shall state the address of the seat of the Court and the succession

the address of the Notary Office of the Commissioner. A written copy

the resolution signed by the judicial Commissioner or substitute, representative,

the companion of a notary or notarial candidate who was Notary Chamber

appointed to represent notaries in the exercise of its activities.



(2) Copies of the resolution issued by the Commissioner shall bear the imprint of the

official stamp. If the representative or substitute member of the Court of

Commissioner, notary, shall affix a copy of the resolution to its official stamp. If

the representative of the Commissioner, shall affix a copy of the candidate

the resolution of the official stamp of the notary, which represents.



(3) in the service of the resolution issued by the Commissioner shall be

Similarly as in the service of other judgments.



§ 91



Motion for a resolution



A court Commissioner to prepare a draft resolution for the heritage Court, passes

the dossier and the draft resolution in the electronic form of this Court.



section 92



The obligation of notification



(1) a copy of the final resolutions issued by the management of the heritage, which

relates to rights in rem in immovable property, shall transmit to the Court Commissioner in

electronic form the cadastral registry, cadastral work in

whose area of competence, the real estate is located.



(2) If a part of the resolution, a copy of which shall be drawn up in accordance with

paragraph 1, the geometric plan, which was to split or merge

of land or to the focus of the ground plan of the buildings, which are not recorded in the

the land registry, a copy of the final resolution with the geometrical

plan the competent land cadastral work

transmitted in documentary form.



(3) if the Court delivers to the Commissioner a copy of the resolution referred to in paragraph 1, or

2, attaches the completed form published for this purpose on the

the website of the Czech Office of zeměměřického and the land.



(4) after the final resolution, which the management of the heritage, the Court shall notify the ends

Commissioner of the outcome of the proceedings to the person who has paid the costs of the funeral

the testator or his management announced in a claim against the zůstaviteli and

asked about the communication of the outcome of the proceedings.



§ 93



Disposal of heritage



(1) if the Commissioner decides to liquidate the legacy, the

monetization of assets pursuant to section zůstavitelova ways 175u o.s.ř. to

monetization was achieved without delay.



(2) in its resolution rozvrhovém according to § 175v o.s.ř. Court Commissioner decided in
the first statement, in which the amount of the reward will be paid, his cash outlays,

where appropriate, compensation for the value added tax. This claim shall be paid

in the group by section, paragraph 175v. 2 (a). and o.s.ř.)



§ 94



Remedies



(1) if it is against a resolution by the judicial Commissioner an appeal for

a court Commissioner, shall transmit to the Court Commissioner after performing the necessary operations

file inheritance Court. If the appeal is lodged with the Court, the succession passes to the

the Court of appeal to the Court without delay to the Commissioner to follow sentence

the first.



(2) if the Court of appeal, or her completely passes the file to the Court Commissioner

with that decision, the parties to deliver and perform the other tasks in the

the proceedings.



(3) if the Court does not pass the inheritance entirely appeal against order of the

submit the dossier to the competent Commissioner to the Court of appeal.



(4) if the decision on the appeal the Court of appeal, transmit the dossier to the inheritance of the Court,

It shall transmit to the Court Commissioner. The Court of Appeal's decision, the Commissioner

the Court shall deliver to the participants in the proceedings and performs other tasks in the control.



(5) if the Court Commissioner delivered to the action for recovery proceedings, the action

for appeal in annulment, shall transmit to the Court or the Commissioner of the filing

no later than the next working day following the delivery of the inheritance

of the Court.



section 95



Transmission of the file to the Court



After you perform all the necessary tasks in the management of heritage Court passes

the Commissioner shall promptly file inheritance Court.



section 35a, paragraph 13). paragraph 2 and section c and 35 c. 3 of the law No 358/1992 Coll., on notaries and

their activities (notarial regulations), as amended. ".



27. section 96 to 98 shall be repealed.



28. The name of the Eleventh Schedule added: "entrusting notaries public and accreditation

employees of a notary in heritage ".



29. section 99 to 103, including the following titles:



"The schedule of delegation of notaries



§ 99



(1) schedule of delegation acts in the proceedings on the heritage according to § 175za o.s.ř.

(hereinafter referred to as "schedule") is divided into sections corresponding to each

the district courts in the Circuit Court of the district.



(2) each section of the timesheet contains, in particular,



and the list of notaries), who in the perimeter of the District Court are located,



(b) the designation of the notaries who) operate as partners,



(c) entrusting notaries acts) way in the management of heritage,



(d)) how to determine the notary, who will be in charge if the notary will be

excluded pursuant to section 17a of the paragraph. 1 o.s.ř. or will be withdrawn under section thing

175zb paragraph. 1 o.s.ř.



§ 100



Method of uniform acts of judicial Commissioners acts in the proceedings on the

heritage can be based



and on the peripheral system), which divides the circumference of the District Court on the number of

circuits composed of municipalities that matches with the number of notarial offices in the district

District Court, depending on the domicile of the testator or another

aspect referred to in § 88, paragraph. 1 (a). I) o.s.ř., or



(b)) on the time system, according to which the Court Commissioner will be designated

acts in the proceedings on the heritage, depending on the time of birth or death

the deceased within a calendar year, or



(c)) on a combination of the systems referred to under letters a and b)).



§ 101



(1) notarial Chamber, established in the regional court shall submit to the

not later than 31 December 2006. October of each calendar year to the Chairman of the regional

Court schedule for the following calendar year.



(2) the President of the regional court shall issue the schedule not later than 10. December

the year preceding the calendar year for which it is issued.

The schedule of all the Presidents of the district courts delivered in the circuit and County Court

relevant notarial Chamber.



§ 102



(1) If the Minister of Justice in the course of a calendar year shall establish or

cancels the notary, shall submit the relevant notarial Chamber no later than

one month after the date on which it was notified of this decision,

the President of the competent District Court, a proposal to amend the schedule.



(2) the President of the regional court shall issue to the change of the schedule not later than one

months from the day on which it was delivered a proposal for its amendment. The President of the

the regional court shall send to the competent Chairman of the district schedule change

the Court and the relevant notarial Chamber.



section 103



10. the staff of the notary



(1) the Commissioner may in writing delegate to the notarial MTL, which

It is in his employment, and another worker, a notary public, which is

in employment and has a qualifying exam in accordance with section 26 of the notary

regulations, the implementation of the preparatory and minor acts in the proceedings on the heritage,

in particular, the activities referred to in section 175c o.s.ř., signing the protocols on

the preliminary investigation and the protocols on the content and status of the will or

instrument of administration.



(2) the Commissioner may in writing delegate to the notarial MTL, which

He is in the service and perform the notarial practice longer than 1 year,

another worker, a notary, who is in his employment, which

passed the qualifying exam, and his employment by the notary lasted

at least 5 years, and notarial candidate who is with him in the work

the ratio, to carry out acts in the proceedings on the legacy with the exception

decisions on the merits. ".



30. section 104 is repealed.



31. the title of the twelfth: "Custody in court and at the Court of the Commissioner".



32. section 105 to 108, including heading shall be inserted:



"The first Section



Custody in court



§ 105



(1) the Court in the framework of other activities the Court accepts the



and) money transfer to the composition or current account with the Bank for the Court; in the case of

custody in connection with the management of heritage at the time of processing,

money can be taken into custody by the Court is placed in metal

cabinets,



(b)), passbook, securities, valuables and other movable property so that it is

saves the first into the metal housing of the Court, if it allows the size of things



(c)) other movables, which are not suitable for safekeeping in a metal cabinet, the,

that is deposited with the appropriate schovatele.



(2) for safekeeping cannot accept perishables and things for

their nature or size cannot be saved in the metal enclosure of the Court or

banks and fails to find schovatele for them.



Section 106



(1) the Stuff and the money saved into the metal housing of the Court must be no later than

the following working day passed into custody at a bank.



(2) from the procedure referred to in paragraph 1 may be waived, if the safekeeping of certificates

books with balances, which in one case does not exceed the sum of 20 000 CZK

securities denominated in one case to a value not exceeding the sum of the

20 000 Czk, small movable assets of negligible prices and amounts of money, which

in one case does not exceed the value of 20 000 Czk. The amount of the cash

stored in the metal enclosure of the Court must not exceed the amount of 50 000 Czk.



§ 107



(1) things that are not fit for the custody of the Court in the metal cabinet or to the custody of the

the Bank is saved at schovatele. The Court finds suitable schovatele

in particular between legal and natural persons dealing with custody

things.



(2) at the end of the custody court orders by referring to the subject of depositors

custody issued the intended recipient; at the same time schovatele ask for Bill

the costs associated with custody.



section 108



To release the escrow item gives a written instruction the judge. ".



33. section 109 is hereby repealed.



34. section 110 to 112, including heading shall be inserted:



"Section two



Custody for a court Commissioner



section 110



(1) the Court, the Commissioner takes into custody in connection with the implementation of operations

in the management of heritage



and in one case) money in excess of the amount of $ 2,000 so that is saves on

a current account with the Bank, the Court succession



(b) the amount of money) 20 000 Czk, passbooks, securities and valuables

so that it is stored in a vault in his Office or to your security

the Clipboard with the Bank,



(c)) the other movable property so that it is placed in a metal box in his

the Office, and if not for the safekeeping, so that is deposited with the appropriate

schovatele.



(2) the deposit cannot accept perishable stuff and things

for their character, number or size cannot be stored in metal

the Cabinet of the Commissioner and fails to find schovatele for them.



(3) the money in an amount in excess of 20 000 Czk in one case can be saved to

the vault in the Office of the Commissioner, if it is not possible to save the

the Bank. The following working day, however, must be stored in a manner

laid down in paragraph 1 (b). and).



(4) in the vault of the Commissioner in his Office or in safety

the Clipboard can be money for banks notary to permanently save only to a total of 50

USD in all matters of management of heritage.



section 111



(1) the money saved on the current account with the Bank, the Court shall issue to the Court on the basis of

communication signed by the Commissioner with his official stamp.



(2) if the grounds for custody, the Court shall issue the Commissioner without delay to the storage

recipients.



(3) Schovatel storage issue after a court Commissioner to issue

custody. Judicial Commissioner schovatele at the same time ask for Bill of costs

associated with custody, if they do not release him in the custody of these costs

paid by the recipient.



section 112



(1) if the Court finds the Commissioner at the time, when the Court, on the basis of credentials

performs tasks in the management of heritage, that thing taken into custody was not one

zůstaviteli, shall issue to the holder of the storage itself.



(2) received the custody of the Court in the proceedings for the heritage, in accordance with § 105
up to 108 ".



35. In § 113 paragraph. 2 the number "109" is replaced by "108".



36. In paragraph 116a. 1 the words "section, paragraph 75. 4 "shall be replaced by the words" § 75c

paragraph. 2. "



37. In paragraph 116b. 1 third sentence, the words "the District Office" shall be replaced by

the words "Municipal Office municipality with extended competence.



Article. (II)



The effectiveness of the



This Decree shall take effect on 1 January 2005. July, 2009.



Secretary:



JUDr. Kaaba in r.