322/2013 Sb.
DECREE
on 2 December. October 2013,
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 Ministry of Justice establishes, pursuant to § 45 para. 1 of law No 6/2002
Coll., on courts, judges, lay judges and the State administration of courts and amending
some other laws (law on courts and judges), pursuant to section 468 and
Act No. 469 141/1961 Coll., on criminal court proceedings (code of criminal procedure), in
amended by Act No. 539/2004 Coll., under section 374 paragraph. 1 of law No 99/1963
Coll., the civil procedure code, as amended, pursuant to section 515
Act No. 292/2013 Coll., on special procedures, the Court, and in accordance with § 431
(a). d) of Act No. 182/2006 Coll. on bankruptcy and the ways of its solution
(insolvency law), as amended by Act No. 296/2007 Coll.:
Article. (I)
Decree of the Ministry of Justice of the Czech Republic No. 37/1992 Coll.
rules of procedure for the district and regional 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., Decree No. 315/2007 Coll., Decree No.
168/2009 Coll., Decree No. 457/2009 Coll. and Decree No. 438/2011 Coll.,
be amended as follows:
1. In article 2 (2). 1 (b). a), the words "public officials" shall be replaced by
"public officials".
2. In article 2 (2). 1 (b). (d)) after the word "when" is inserted after the word "public".
3. In article 2 (2). 2 (a). and section 6), the words "criminal organisation" shall be replaced by
the words "of participation in the organized criminal group".
4. In article 2 (2). 2 (a). (b)) and in paragraph 1 of section 116a of paragraph 1. 1, after the word "care"
the word "Court" shall be inserted.
5. In article 2 (2). 2 (a). (b)) (2) the word "inheritance" is replaced by
' survivors ' ".
6. In article 2 (2). 2 (a). (b)), points 3, 4 and 7 shall be deleted.
Items 5, 6 and 8 to 13 shall be renumbered as items 3, 4 and 5 to 10.
7. In article 2 (2). 2 (a). b) points 3 to 5 shall be added:
"3. the intellectual property,
4. unfair competition and illegal restrictions of competition,
5. public registers of legal entities and natural persons ".
8. In article 2 (2). 2 (a). (b)) at the end of the text, point 9, the words "and
execution ".
9. in section 3, paragraph 3. 1 the term "undertaking" is replaced by "commercial
the race ".
10. In section 3, paragraph 3. 2, after the word "armed" is inserted after the word
"security".
11. in section 3, paragraph 3. 4, the words "Ministry of Justice of the Czech Republic"
replaced by the words "Department of Justice" and the words "Ministry of
foreign "are replaced by the words" Foreign Ministry ".
12. in section 6 (1). 1 letter):
"the performance of the protective measures) healing, security detention,
protective care and avoids things or other property values ".
13. in section 6 (1). 1 (b). l), after the words "stay," the words "on the
conditional waiver from the performance of the rest of the sentence an entry ban on the sport,
cultural and other social events, ".
14. In paragraph 6 of the dot at the end of paragraph 1 is replaced by a comma and the following
the letters r and s)) are added:
"the use of an interpreter, r)
with the probation officer's) credentials. ".
15. in section 6 (1). 2 letter to):
"the acts and decisions) in the management of the estate, unless the provisions of the
the administrator of the estate or part thereof pursuant to § 97 para. 2 of law No.
292/2013 Coll. on the Special Court proceedings (hereinafter referred to as "of"),
the procedure under § 167 paragraph. 2. from the row about the liquidation of the estate pursuant to §
192 of row, a schedule of the proceeds of liquidation of assets of the deceased pursuant to §
269 of row, on the abolition of the credentials of the notary under § 103 of row, about
the exclusion of the notary and his employees pursuant to section 104 of the of round about
the estate, the general price is greater than $5 million, of
the estate, which is located in a foreign country, or of the estate after
the deceased, who lived in a foreign country, ".
16. in section 6 (1). 2 (a). l), the word "minor" is replaced by "care
the Court of minors ", the words" persons deprived of legal capacity
(a) "is replaced by" people of restricted in incapacitation, "and after the word
"unknown", the words "and legal persons".
17. in paragraph 6 (1). 2 the letter o) is added:
"dealing with simple things about) concerning public registers
legal and physical persons ".
18. in section 6 (1). 2 letter t) is added:
"t) acts in insolvency proceedings with the exception of the deliberations and decisions of the
1. the provisions of the insolvency administrator,
2. revocation of the insolvency administrator of the function,
3. exemption from the performance of the duties of the insolvency administrator,
4. cancellation of the resolution of the creditors ' meeting,
5. the provisions of the Provisional Committee of the creditor,
6. measures taken in implementation of the enforcement of a decision or execution in
contrary to the restrictions referred to in the insolvency law,
7. proposal for a regulation of the injunction is to be limited to the right to
dispose of the debtor's estate,
8. the proposal for a moratorium,
9. the decline,
10. refusal of insolvency,
11. the fact that the debtor is insolvent,
12. Declaration of bankruptcy and of its cancellation,
13. approval of the final report and the resolutions of the rozvrhového,
14. authorization for approval of reorganisation, restructuring plan and its
changes and on the conversion of reorganization in bankruptcy,
15. approval of debt relief and its changes, about the granting of the exemption from the payment of
the claims included in the debt relief and of the withdrawal of the exemption and
cancellation of debt relief,
16. termination of the operation of the debtor's business establishment,
17. the merits in incidental disputes ".
19. in section 6 (1). 3 (b). (g)), after the words "asylum", the words "or
subsidiary protection ".
20. In paragraph 6 (1). 9 (a). (d)), the words "the sale of the property or the proposal for the
the establishment of the judicial enforcement of the lien on the
real estate "is replaced by" administration of immovable property, a proposal for a regulation of the
enforcement by sale of immovable property or the proposal for a regulation
enforcement of the decision establishing a judicial lien on real estate property
case ".
21. In paragraph 6 of the dot at the end of paragraph 9 be replaced by a comma and the following
subparagraph (f)), which read as follows:
"(f)) be sent to the public prosecutor's Office or the resolution opening design
proceedings under section 8 (2). 1 of row ".
22. the heading of part three: "access to judicial records and public
registers of legal entities and natural persons ".
23. In section 8 paragraph 1 reads:
"(1) The court records or public registers of legal entities and natural
people can be in court to inspect and take copies and extracts from them according to the
special legal regulation in the Office hours under the supervision of an authorised
an employee of the Court. A room intended for that purpose must be clearly indicated and
listed on the Board of the Court. For access to court records is
need a previous order. ".
24. in § 12 para. 1 the word "straight" is deleted.
25. in § 12 para. 2, the words "application" shall be replaced by
"znovupřiložení".
26. in § 13 para. 6, after the word "progress", the words "or dignity".
27. in § 13 para. 7, the words "representatives or agents" shall be replaced by
"representatives, agents or supporters".
28. in § 14 para. 2, after the word "just" is inserted after the word "personal".
29. in § 16 para. 2, after the words "a copy of the judgment", the words ";
President of the Chamber also typically prompts the Prosecutor and the accused,
to express their views, whether they insist on copy of the preamble, if otherwise
conditions for the issuing of a simplified judgment (section 129 2 tr.
ř.)“.
30. In § 19 para. 2, after the words "freedom", the words ", the person in
the performance of security detention ".
31. in paragraph 3 of section 19 reads as follows:
"(3) a person in care, which was placed in it without their consent
or is it due to reasons for which could be located even without their
consent, the calls through the Institute of health care, or
the health care facility, which also will demonstrate. ".
32. the heading of section 20 is repealed.
33. In article 20, paragraph 1 shall be deleted and shall be deleted at the same time, paragraph
2.
34. In section 21 para. 2 the words "in shorthand or" shall be deleted and the word
"shall" is added after the word "personal".
35. In section 21 para. 3, the words ", the agreement of the parents on education and nutrition
of a minor child, the agreement on intercourse with a minor child, the agreement on the
the settlement of the inheritance or agreement on letting the předluženého heritage to
payment of the debt, "shall be replaced by the words" or other agreement on the subject matter of the proceedings,
the agreement with the heirs to the surviving spouse on the settlement of property belonging to the
joint property of the spouses, the agreement on the settlement of the compulsory piece for
nepominutelného heirs ".
36. In paragraph 21 of the text at the end of paragraph 6, the words ", where appropriate,
the writer, or logging an official takes a sound recording ".
37. In section 21 para. 8, the word "resolution" is replaced by "decision".
38. In section 21b para. 1 and 2, the word "(copies of)" shall be replaced by the words "or
copies ".
39. In paragraph 3 of section 21b is inserted:
"(3) Electronically produced copies or copies of the decision and the other
Court documents must be signed by a recognized electronic signature
the guy who made, or marked by a recognized electronic marker
Court. ".
40. section 22, including the title reads as follows:
"§ 22
The use of the official stamp
(1) the imprint of the round official stamp Court especially in posession of a documentary
copies or copies of copies of judicial decisions, the instrument of
care and representation of the credentials of the minor, the provisions or the appointment
guardian or a guardian, a court Commissioner credentials, credentials, and
distraint, approval of the aid, the approval of the representation
a member of the household, official confirmation (report card), performance regulation
punishment and protective measures, an order to arrest, the detention command,
the order for the detention and release from detention or from the exercise of
custodial request for apprehending the residence of persons,
the provisions of the defence counsel, as well as all documents intended for the courts or
other institutions abroad.
(2) the provisions of paragraph 1 shall not apply in cases where the
the production of paper copies of decisions and other documents of the Court
the operator participates in postal services pursuant to § 48 para. 4. ".
41. In paragraph 1 of article 23. 3 the words "join their recognised electronic signature"
replaced by the words "signs his recognized electronic signature".
42. In paragraph 24, at the end of the text of paragraph 1, the words "with the indication of the
the date of the occurrence of legal power, and the signature of the person who clause
joined ".
43. In paragraph 24, at the end of the text of paragraph 2, the words "with the signature of the
the person who joined "clause.
44. In article 25, paragraph 1 shall be deleted.
Paragraphs 2 to 6 shall be renumbered 1 to 5.
45. In § 25 para. 5, the words "and the inclusion in the documentary" are replaced by the
the words ", for inclusion in the documentary the file and saves it to the competent
the information system. The President of the Senate (single judge) may instruct the
some of the attachments to the submission delivered to the data boxes are not
transferred to the documentary form, and based in the documentary ".
46. In § 28 para. 1, after the words "CCP" the words "§ 140 para.
2, section 141 and 215 of row ".
47. In section 28b of the word "(a copy of)" shall be replaced by the words "or copy".
48. In section 29, paragraph 3, including the footnotes 4 and 5:
"(3) for an attendee who is not employed or in a similar ratio
employment relationship, however, is gainfully employed, the basis for calculation of compensation
for loss of earnings make up the amount, calculated from the tax base from income
individuals ^ 4), divided by the number of working hours stipulated by special
law ^ 5) fall on the same calendar year. For the calculation of
compensation for loss of earnings is used, according to the tax base amount that is
addressed to the last known tax liability, but not more than 486 000; If
the amount of the loss in earnings cannot be this way to demonstrate, it is for
participant compensation for loss of earnings per hour in the amount corresponding to
the amount of the minimum wage per hour, according to the Government regulation on the minimum wage,
but not more than eight times that amount in one day.
4) Act 586/1992 Coll., on income taxes, as amended
regulations.
5) Act 262/2006 Coll., the labour code, as amended
regulations. ".
49. In paragraph 29, at the end of paragraph 4, the following sentence "part of the cost
the participant's management are also necessary release and loss of earnings fiduciary
of the child or the proponent. ".
50. in § 33 para. 1, after the word "Guide" the words ", fiduciary
the child and the proponent ".
51. In paragraph 34, the text at the end of the first sentence, the words "(hereinafter referred to as" tr.
Cust. ")".
52. In § 34b para. 1, after the word "punishment" the words "and the available
contact details of the convicted person, as is the address given for the purposes of
delivery and phone contact, ".
53. section 35, including the title reads as follows:
"§ 35
Interim measures
As soon as the decision imposing an interim measure becomes
enforceable, the Court shall send a copy thereof to the police authority, who led or
leads the criminal proceedings, and the authority which will be involved in its implementation.
This applies also for the other decisions relating to the saved
the preliminary measures. ".
54. In article 37, paragraph 1 reads:
"(1) if the person's not starting a sentence within a specified period
deprivation of liberty or the exercise of criminal measures, deprivation of liberty or
If it was from the specific facts found that his stay at liberty is
dangerous, or if his conduct or other specific
facts justified concern that flees, or will hide,
order the President of the Chamber (single judge) that was delivered to the convicted person for the performance of
penalties involving deprivation of liberty or to pursue the criminal measures involving deprivation of liberty
in the appropriate catchment prison (§ 321, paragraph 3, first sentence of tr row).
If the residence of the convicted person, the Court is not known it on order for delivery to the
a custodial sentence or measure involving deprivation of the exercise of criminal
freedom explicitly stating that it is necessary to track down the stay of the convicted person (§
321 paragraph. 3 the second sentence of the tr row). Delivery order to imprisonment
liberty or the exercise of criminal measures involving deprivation of liberty shall be sent
the territorial Department of the Regional Directorate of the police of the Czech Republic,
the municipal headquarters of the police of the Czech Republic or the circuit
the Directorate of the police of the Czech Republic to the competent according to the place of residence
of the convicted person. If the convicted person is not known, the statement to be delivered to
a custodial sentence or measure involving deprivation of the exercise of criminal
freedom shall be sent to the territorial Department of the Regional Directorate of the police of the Czech
Republic, the City Police Directorate of the United States, or the district
the Directorate of the police of the Czech Republic in a circuit court. ".
55. In § 37 para. 2, after the words "in the exercise of the judicial measures involving deprivation of
of freedom ", the words" without undue delay ".
56. In § 37 para. 4, the words "the district Directorate of the police of the Czech
the Republic "shall be replaced by" the territorial division of the Regional Directorate of the police
The United States, the municipal police of the Czech Republic, or
the district Directorate of the police of the Czech Republic. "
57. In § 37 para. 5, the words "Nápravně educational Institute" shall be replaced by
"The prison" and the word "education" shall be replaced by the words "the curriculum of equipment for
institutional or protective education (hereinafter referred to as "educational establishments") ".
58. In paragraph 37 the paragraph 6 is added:
"(6) Prison returns a copy of the regulation the Court prison sentence
freedom or enforcement of criminal measures involving deprivation of liberty with
confirming that he joined the condemnation of the sentence of imprisonment or criminal
measures involving deprivation of liberty or be notified without delay to the Court that a prison sentence
liberty or punitive measures involving deprivation of liberty within the prescribed period
they have not been presented. If the convicted person in the performance of another prison sentence
freedom or in the performance of another criminal measures involving deprivation of liberty
the prison intake regulation confirms the imprisonment or
criminal measures involving deprivation of liberty on one of its copies shall specify when
imprisonment or penal measures involving deprivation of liberty will be
likely to be nastoupeno, and shall promptly return them to the Court. Opřemístění
the convicted person to another prison, about healing, about the initiation of a safeguard his escape
and apprehension about his death, the suspension of imprisonment or
criminal measures involving deprivation of liberty on conditional release, as well as the
the fact that he was convicted as a result of enforcement of the sentence of deprivation of liberty
or the execution of criminal measures involving deprivation of liberty, a pardon,
Amnesty or otherwise released, shall report to the prison, in which
last time he was convicted, shall immediately report to the Court, which decided in
first instance; in the case of conditional release will report whether or not the Court
the conditional release decision. ".
59. section 38, including the title reads as follows:
"§ 38
The conditional suspension of imprisonment
If enabled the conditional suspension of imprisonment and the Court
decided to receipt of the deposit interest Association of citizens for the correction of the
the accused, in the application of the educational interaction under section 329 paragraph. 3 tr.
8-the Court shall notify the Association of citizens, hobby whether and what reasonable restrictions and
obligations pursuant to § 48 para. 4 tr. the accused were saved. At the same time
is that based on the content of these restrictions and obligations has focused its
the educational action, whether the accused adheres to the constraints, and has made a
the Court immediately detail about their possible violations. Also ask about the
communication of changes to employment or residence of the accused. ".
60. in paragraph 2 of section 40. 1, after the words "work in" the words "cash
punishment, house arrest or punishment. "
61. In § 41 para. 1, after the word "constitutional", the words "with attachments
According to § 351 paragraph. 5 tr round ".
62. In § 41 para. 1 and § 42 para. 1 the words "§ 72 para. 5. the Act. "
replaced by the words "§ 99 paragraph 2. 6. Act. ".
63. In § 41 para. 2 and § 42 para. 2 the words "eligible for legal
acts "shall be replaced by" fully enjoys the "and the words" Basic or
replacement services and for soldiers by profession "shall be deleted.
64. In § 41 para. 2 at the end of the second sentence, the words "or
guardian ".
65. In paragraph 41, paragraph 3 reads:
"(3) if the person does the performance of the protective healing invited constitutional in
the deadline or if it is dangerous for their surroundings, the President shall order the
the Senate (single judge) of its delivery to the medical device area
the regional Department of the Directorate of the police of the Czech Republic, the city
the Directorate of the police of the Czech Republic or to the district police headquarters
The United States, according to the place of residence or stay of the person. If it is not
residence of the person to whom it was healing, known delivery order to
the performance of the protective healing in constitutional form shall be sent to the territorial Department
the regional directorates of the police of the Czech Republic, municipal Directorate
Police of the Czech Republic or to the district police headquarters the United
States in the circuit court. ".
66. In paragraph 42, at the end of paragraph 1, the following sentence "the Court further medical
device warns you of your obligation, under section 353 paragraph 1. 1 second sentence. ".
67. In § 42 para. 2 at the end of the third sentence, the words "or
guardian ".
68. In section 43 paragraph 1 reads:
"(1) If a convicted person who is in prison,
is treated in the prison, and exercised to be decided about the abandonment of the
the performance of the protective healing (§ 99 paragraph 7 tr.), or of the person's not
the performance of this protective treatment or treatment was not released
closed (§ 99 paragraph 6 tr. Cust.), give to the prison two months before the
the expected closing of imprisonment in the District Court,
the area in which the protective healing exercises, a report on the outcome
the protective treatment. If the purpose of the protective healing due to the length of the
imprisonment was not reached, the Court will decide its
continuation in the clinic before the end of the performance
punishment. ".
69. In § 43 para. 2 the words "nápravně educational Institute" shall be replaced by
"the prison".
70. in § 44 para. 1, the word "and" after the word "performance" is replaced by a comma and
at the end of the text of the first sentence, the words "and a copy of the expert's report
in psychiatry or psychology, if in the case was drawn up ".
71. In § 44 para. 2, the word "amendment" is replaced by "converting".
72. In § 46 paragraph 2 reads as follows:
(2) the Officers shall carry out the following tasks:
and sale of movable assets) when disposing of the estate conducted by the Court
under the provisions on enforcement by sale of movable assets (section 232
paragraph. 1 (b). and) from row 4 of),
(b)) acts of detention of the child (section 504 of r.)
c) performing the tasks connected with the enforcement of the interim
measures (sections 493 to 497 of r.)
(d)) the realisation of the tasks connected with the enforcement people other
property rights of the statutory release or by delivery (§
320 o. s. l.),
e) performing the tasks connected with the enforcement of a decision by the administration of immovable property,
f) personal tour and a tour of its rooms, the debtor, and
other mailboxes (section 325a o. s. l.),
(g) an inventory of the movable property) (Section 326 of the row.)
h) sales of goods that are perishable, outside the auction (§ 326b o. s. l.),
I) ensuring written things (section 327 of the row.)
j) designation to cover things that have not been secured (section 327 (3).
row.)
to) the concept of things into an inventory entry in the log (section 327a (1).
row.)
l) an estimate drawn up by the sale of goods, if the action was not an expert (section 328.
row.)
m) sale of receivables and the sale of goods by auction that are set out (section 314b (1) and
Section 329 paragraph. 1. s. l.),
n) release the proceeds of sold things authorized or other creditors,
where appropriate, the composition of the proceeds in court (§ 331 and 331a o. s. l.),
on the release of money to the creditor removed) or their composition in court (§
333 o. s. l.),
p) negotiations necessary for the exercise of the rights of the securities or
book-entry securities or instruments embodying the right to
repayment of the amounts due (article 334 of the row.)
q) acts needed to monetize written securities and uncertificated
Securities (§ 334a o. s. l.),
r) individual acts during the auction of immovable property and the race (article 336h, paragraph 1, and
§ 338u para. 1. s. l.),
with the submission of the proposal for the recovery of) amounts against the auctioneer (§ 336n
paragraph. 3. row.)
t) evacuation of the immovable property, buildings, apartments and other rooms,
surrender of the vacated or zletilému things the national its
home, passing things for safekeeping the village vacated, or other
the appropriate depositories, sale of unclaimed goods and the distribution of proceeds
This sale (§ 340 to 344 of the row.)
u) the destruction apparently worthless stuff (§ 341, paragraph 4, of the row.)
removal of movable assets) with everything that belongs to them, to the debtor, or
a person who is willing to go, and their submission to the creditor (section 345 of the.
with row.)
w) work associated with the implementation of the decision of the sale of movable property under section
348 o. s. l.,
x) acts towards restoring the previous State pursuant to § 351a o. s. l.
73. the footnote # 10, including a link to a footnote to
repealed.
74. In § 49 paragraph 1. 1 the words "draw up executor" are replaced by the words
"the executor takes the record or draws up" and at the end of paragraph 1,
added the phrase "in cases pursuant to § 68 para. 1 executor always draws up a
log or shoots audio-visual record. ".
75. In § 49 paragraph 1. 2 (a). (b)) after the word "place" is inserted after "date".
76. In § 49 paragraph 1. 2 (c)):
"(c)), personal name and surname of the staff of the Court who attended the
of the Act, personal names and surnames of the present participants and their representatives and
personal names and surnames of other people, which are of the Act under section 53 and 54
present ".
77. In § 49 paragraph 1. 2 (a). (f)), after the word "a" is inserted after
"personal".
78. In § 49 paragraph 1. 3 the words "citizens přibraní" shall be replaced by "persons
přibrané ".
79. In § 49 paragraph 1. 4, the words "citizen přibraný" shall be replaced by "person
přibraná ".
80. in paragraph 49, the following paragraph 6 is added:
"(6) If during a tour of the apartment and other rooms, the record
you need to edit audio-visual record that contains the date and time in
which the recording takes place. All operations must be recorded,
during the tour of the apartment and other rooms occurs. ".
81. At the end of the title of § 50 shall be supplemented with the words "on the spot".
82. In § 50 para. 1 the words "place of business" shall be deleted.
83. In § 50 para. 1, section 60, 61, § 63 para. 1, 2 and 4, § 65 and section 88 para.
2 the term "real estate" is replaced by "immovable property".
84. In § 51 para. 1 the words "husband of the debtor or any other person that has to
the things of the law which does not allow execution of the decision, or say if the mandatory,
that the things they belong to someone else, or are exempted "shall be replaced by" person
present during inventory, the matter is in the possession of third parties, or
These are the things that are excluded ".
85. In § 51 para. 2, the words "of the debtor or of someone else" are replaced by
the words "persons present during inventory", after the words "executor"
inserted the word "personal" and the words "by that person" the words "and
persons who, according to the persons present during inventory belong to the written
things, if those data were presented ".
86. In § 52 para. 3, the words "or auction completed under section 330 of paragraph 1. 1
o. s. l. "shall be replaced by the words", the auction completed under section 330 of paragraph 1. 1. with.
row or thing taken to authorized under section 330 of paragraph 1. 4. ".
87. In paragraph 53, paragraphs 1 and 2 shall be added:
"(1) to open the apartment, Office or another room, closet, or other
the Clipboard must be mandatory add a locksmith.
(2) after the end of the tour must be the door of the apartment, Office or other
the room is locked and the key again, the debtor from the Castle passed to the concerned
persons, or stored at another suitable place obtainable for these
of the person. About where you can pick up the key, the person concerned must be
have been informed. If it is possible, after opening the housing or other containers
again. ".
88. section 54 including the title reads as follows:
"§ 54
The inclusion of the appropriate person
If it is necessary, in particular in view of the circumstances of the case, the executor
picked up the slack to perform an inventory of things suitable person and in the Protocol, or
the record shall indicate his or her personal name, surname and place of residence; a person Protocol
also signs. ".
89. In § 56 para. 2 (a). (c)), the words "conducted by the Court or other
a public authority "shall be replaced by" or the execution of mandated or supervised
the court bailiff, the tax administrator, or by a public authority ".
90. in § 56 para. 2 (a). (e)) and in section 59d paragraph. 1 the term "commitment"
replaced by the word "debt".
91. paragraph 57, including the title reads as follows:
"§ 57
To an inventory of funds in foreign currency
Funds in foreign currency, the executor will take over and commits
immediately before the court promptly offers to place foreign exchange
purchase. ".
92. In article 59, paragraph 4 shall be deleted.
93. section 59a including title:
"§ 59a
To an inventory of securities or book-entry securities or
documents that represent the right to repayment of the amount owed
(1) shares, bills of Exchange, cheques or other certificated securities and other documents
representing the right to repayment of the amount owed, the executor draws up, even without
the proposal is to always remove the principal and commits is in court. If it is an indication of the
instrument or any other instrument that represents the right to repayment of debt
I know the amount of index, list or other evidence, the executor thing
shall draw up a procedure under § 327a o. s. l.
(2) book-entry or immobilized securities, the executor draws up a
the procedure according to section 327a o. s. l., once the documents found at
the debtor of its communication or on the basis of the CSD
or the person leading another record learns that for mandatory are
securities registered. In the inventory of the bailiff shall indicate what
securities have been drafted and when, and that the debtor with them after the date of the inventory
not be loaded. ".
94. In section 59b of the paragraph. 1, the words ", the presentation of which is needed to
application of the law, "shall be replaced by the words" representing the right to repayment of the
the outstanding amount ".
95. In § 22 para. 1 the words "1 000 Eur" is replaced by "amount
corresponding to twice the income of the individual ".
96. In § 22 para. 2 the words "surrender" is replaced by "immediately
is submits ".
97. under § 59d, the following new section 59e, which including the title reads as follows:
"section 59e
Auction of movable assets made electronically
For sale by auction of movable assets made electronically § 62a accordingly. ".
98. In the ninth section of the third title, the word "property"
replaced by the words "immovable property".
99. At the end of the text of section 60 shall be added the words ", and if it is to be sold
immovable thing, for whose use it is used case in additive
ownership, regulation, enforcement of the decision shall also apply to the share of the
the matter in co-ownership ".
100. In § 62 para. 1 the word "Crowns" is replaced by "Eur".
101. in paragraph 62, the following new section 62a, that including the title reads as follows:
"section 62a
The auction of real estate carried out electronically
(1) if the Court decides to perform an auction, the auction house dealing with electronically
does not mandate. Immediately prior to the start time of the electronic auction on
the website to which the auction will be held, the Court shall publish the
the decision of whether it is proven right of first refusal or reservation of repurchase,
and notice that other easement, lease, výměnky and pachtovní or
pre-emptive rights not mentioned in the auction on a real estate property is slack.
Furthermore, whether it was found that action was brought on the exclusion of
sold real estate property from execution.
(2) the identity of the bidders and the other participants in the auction can be verified
application to participate in the auction, signed
and before the higher court) or on proof of vykonatelem
the identity of a valid proof of identity,
(b)) a notarized signature, or
c) recognized electronic signature.
(3) each bidder in the auction is marked on the outside of the identifier
which cannot be identified.
(4) the auction shall be held when bidders make submissions. The judge isn't asking
the auctioneer to make more submissions, and will not notify bidders that will be
to give the percussion.
(5) if in the last 5 minutes before the end time of the auction has been made
filing, the scrolls with the end time of the auction about 5 minutes from the time of the last
Administration. If it is made within this period higher administration, scrolls with time
the end of the auction for 5 minutes. If since the last made by the administration of 5
minutes, without having made a higher administration, the electronic auction by
ends.
(6) immediately after the end of the auction, the judge shall grant the hammer to the auctioneer,
who made the highest bid.
(7) the auction shall be recorded in the log, in which shall be
and the data according to § 49) para. 2 (a). a) and b) and an indication of the authorized and
compulsory,
(b)) a brief synopsis of the acts and decisions referred to in paragraph 1,
(c) a list of the individual bidders with) assigned identifier by
paragraph 3,
(d)) made by the bids, with an indication of the amount of time and the person who
bid has made,
e) indication of the facts referred to in paragraph (6) ".
102. In paragraph 63, after paragraph 2 the following paragraphs 3 and 4 are added:
"(3) the resolution of the hammering on the court notice board displaying the day
It was released.
(4) a notice of registered claims, about which the Court decides in
the schedule will be posted on the notice board of the Court no later than 7 days from the date of
of the first sale. ".
Paragraphs 3 and 4 shall become paragraphs 5 and 6.
103. section 63a including title:
"Disability race
section 63a
Resolution on the regulation race enforcement people must contain
exact designation of the plant to be affected, and a warning that
enforcement applies to assets that are used
operation of the plant or by its nature is intended to serve this purpose,
According to the State, which will be here on the day of impact, and if it is to be affected by the
the race, to the use of which serve thing in co-ownership,
enforcement also applies to share on this issue in the
co-ownership. ".
104. In section 63b para. 1 and 2, section 63 c, § 63d para. 1, section 63e para. 1, 2 and 4
the word "business" is replaced by "ex works".
105. In section 63b para. 1 the words "liquidators" are replaced by
the words "insolvency administrators".
106. In section 63b para. 1 the term "undertaking" shall be replaced by the word "race".
107. In section 63e para. 1 and 4, the word "sale" shall be replaced by
"disabilities".
108. section 64 shall be deleted.
109. section 66:
"§ 66
If they are clearing out the enforcement of decisions of the vyklizovaného object
deleted things that are clearly worthless, and evacuation is not present
No one who could take over the case, or if it is rejected, the acceptance of the item
the court case is documented so that it takes or takes their
audio-visual recording. The destruction of the regulation shall be entered in the record of the case,
Alternatively, the log of eviction. "
110. In the title of § 68, "of custody of a minor" shall be replaced by
the words "in matters of custody court of minors".
111. In § 68 para. 1, the words "decisions on the custody of a minor"
replaced by the words "interim measures relating to child ratios,
decision or a court-approved agreement on the custody of a minor child
where appropriate, adjusting the contact with him or a decision on the return of the child "and
at the end of paragraph 1, the following sentence "the performance under the first sentence may
do i judge timetable work. ".
112. In § 68 para. 2, the words "of the custody of a minor" shall be replaced by
the words "or agreement referred to in paragraph 1".
113. In the heading of section 69 and in § 69 para. 1 the words "on the recognition of the common
dwelling and the contact with a legitimate nenavazování "shall be replaced by" in case
protection against domestic violence ".
114. In § 69 para. 2 the word "temporarily" and the words "and nenavazoval contacts
with her (article 76b), "be deleted, the words" public authorities "shall be replaced by
"public authorities" and after the word "profession" are the words
"possibly the things necessary from another serious reason".
115. in the § 70 para. 1, the word "also" is inserted after the word "personal".
116. in the § 70 para. 2 the words "mandatory person" shall be replaced by "mandatory"
and the words "data" shall be replaced by "the date of his".
117. In the ninth section of the fifth section is inserted the sixth, which
including the title reads as follows:
"The sixth Section
Enforcement proceedings
section 70a
The Court shall issue a new mandate under section 43a enforcement code, if it finds that
the credential contains errors in writing and numbers, as well as the other obvious
free from material misstatement. In the new credentials at the same time stating that the credentials be replaced by
previously issued credentials. ".
The sixth section is known as the seventh section.
118. In the ninth section of the seventh title the words "deprived of
the eligibility of legal capacity or limited in the legal
acts "shall be replaced by" restricted in incapacitation ".
119. In § 71 para. 1, after the word "supervision", the words "or to which
order the constraints in a harmful effect on their education ".
120. In § 71 paragraph 2 reads as follows:
"(2) if the ordered institutional care, the Court in reviewing whether the
There are grounds for regulation of this action, execute a facility visit
for the performance of institutional care, or apply to the Court in whose district the
exercises the constitutional education, to judge by a visit in the equipment for power
constitutional education found the facts needed to examine whether the
There are grounds for regulation of institutional care, and handed to the requesting court
report on the results of the visit. ".
121. section 73 read as follows:
"§ 73
If a person limited in incapacitation, a guardian appointed by the Court stores
the court-appointed to served as necessary but at least once
each year, a report on the activities of the guardian. In the report on the activities of the guardian
presents an overview of the management of the property of the ward, if the guardianship is in the
a device or how and where they live, the general outline of what is a medical condition
the ward, which way shall carry out their obligations, the guardian and more
relevant circumstances that the court order. The data contained in the message
the guardian, the Court shall review. ".
122. In the title of the tenth section of the word "heritage" shall be replaced by
"the inheritance".
123. In section 74 para. 1, after the words "the Court", the words "relevant to the
the management of the estate (hereinafter referred to as "Probate Court") ".
124. In section 74 para. 1 and 8, section 93 para. 1, § 95, § 99 paragraph 2. 1 and 2 (a). (c)),
section 100 of the introductory part of the provisions in paragraph (a) and 100. (b)), the word "heritage"
replaced by the word "estate".
125. In section 74 para. 3, after the words "Commissioner" is inserted after the word "survivor"
and the words "him by performing the acts in probate proceedings (commissioned
"the members of the Court") ' shall be deleted.
126. In section 74 para. 4, § 94 paragraph. 1, 4 and 5, and in section 95, the word "inheritance"
is replaced by ' survivors ' ".
127. In section 74 para. 4, the word "written" shall be replaced by the word "documentary".
128. In paragraph 74, paragraph 5 shall be deleted.
Paragraphs 6 to 8 shall be renumbered as paragraphs 5 to 7.
129. In section 74 para. 5 and 6 and in § 94 paragraph. 1 the term "succession" is replaced by
the word "survivor's".
130. In section 74 para. 6, after the words "designated alternate" shall be replaced
"notary" and at the end of paragraph 6, the following sentence "Substitute notary
performs the tasks of the Commissioner on its own behalf. ".
131. In section 74 para. 7, the words "6 or 7" is replaced by "5 or 6".
132. section 75 including title and footnotes # 13:
"§ 75
Discovery in the registers
(1) Discovery in the records of legal proceedings in case of death, led by
The notarial Chamber of the Czech Republic (hereinafter referred to as the "Chamber") pursuant to § 140 para.
1 of row performs the judicial Commissioner, immediately upon receipt of the file.
(2) the register of deeds in the Discovery of matrimonial property regime led by
The Chamber pursuant to § 140 para. 1 out of 8-performs a court Commissioner to the
based on the result of the preliminary investigation pursuant to § 139 of This l.
the survey shall be carried out at the estate of deceased, 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 of the Chamber under special legislation ^ 13)
for inclusion in the file.
13) § 35 c of paragraph 1. 2 and § 35d para. 3 of Act No. 358/1992 Coll. on the notarial profession, and
their activities (notarial regulations), as amended by Act No. 7/2009 Coll. and act
No 303/2013 Sb. ".
133. section 76 to 81, including the following titles:
"§ 76
(1) in the log produced according to § 142 paragraph 2. 2. from the round about
legal proceedings in case of death, in particular, the form in which it is
the Charter drawn up, that it is not damaged or repaired, if it does not contain
really debilitating its credibility, the date of the Charter, and the identification
data on persons referred to in the Charter. In the case of notarial deed,
Enter your name, surname and address of the notary, which write wrote, and
the index mark of notarial acts.
(2) in the log produced pursuant to section 144 paragraph. 3 of row shall contain
a court Commissioner has checked out the instrument from the packaging in which it was provided with in its
acceptance into custody, and that the instrument reading. In addition, the Protocol shall
information referred to in paragraph 1, first sentence, and the opinions of the persons referred to in section 144 paragraph. 3
of l.
§ 77
(1) if the Charter referred to in § 142 paragraph 2. 1 out of 8-submitted personally,
the log shall be produced according to § 142 paragraph 2. 2. from the row name
last name, date of birth and place of residence of the person (hereinafter referred to as
"submitter"), then her statement, where the instrument was stored or
found, and the information referred to in § 76 para. 1 the first sentence.
(2) in the case of the Charter, which should have been declared by the
the petitioner written or signed by the deceased, the Protocol
a statement of whether the Charter was drafted or signed
the testator's own handwriting, and that this conduct was present.
(3) in the case of the Charter, in which the spolupůsobili witnesses or other persons,
to determine what is their current residence and what is their relationship to the
Wills and legal heirs in the know. If the witnesses do not live, to be collected
also, the date of their death.
(4) in the log produced in accordance with paragraphs 1 to 3 shall acknowledge receipt
of the Charter, and one of its copies shall be issued to the petitioner.
§ 78
(1) where in proceedings for the estate revealed that the deceased left behind
more legal proceedings in case of death, which is not identical, it is necessary to
to determine the status and contents of all.
(2) if the testator's Charter referred to in § 142 paragraph 2. 1 out of 8-.
After the completion of the proceedings for the Probate Court determines the status and
content and get acquainted with it, persons whose rights or duties by the Charter
could relate to. On this activity with the credentials of a notary under § 101 of row.
It does not apply.
§ 79
(1) the parties to proceedings may inspect the documents specified in § 142 paragraph 2. 1
of row, which have not been drawn up in the form of a notarial deed and whose status
and the content was detected, and take copies or extracts from them. The Court or the
a court Commissioner, for which the document is stored, allowing access to only
party to the proceedings. For the inspection of the notary the relevant entries
the provisions of the notarial regulations.
(2) an instrument that has not been drawn up in the form of a notarial deed, the Court may
rent only to another court or experts appointed to make regarding
of the Charter prepared by expert opinion, and authority of the law in criminal
for the purposes of criminal proceedings. In place of the Charter to the lease
Collection of declared acquisitions on death spawns a certified
a copy of which shall be indicated the clause containing the information about when and to whom,
where applicable, the file tag of the instrument was on loan.
§ 80
The marriage contract
(1) if it is established according to § 140 para. 1 of row that the testator
has concluded a contract on the matrimonial property regime, and this agreement is
deposited with a court Commissioner, the procedure is similar according to § 76 para. 1.
(2) the Commissioner in proceedings to determine whether the testator had changed
the marital property regime by the Charter, that in the register of deeds of
matrimonial property regime is not registered.
§ 81
The preliminary investigation
During the preliminary investigation pursuant to § 139 of 5-a court Commissioner in particular
does the hearing of a person for which it can be assumed that it is informed of the
personal and financial circumstances of the testator, his debt, costs
his burial, possibly about his legal proceedings in case of death, and
draw up a protocol about it. ".
134. section 82 is repealed.
135. In paragraph 83, the words "Urgent measures" are replaced by the words "Seal
the estate ".
136. section 84 is repealed.
137. § 85 and 86:
"§ 85
(1) the conclusion of the estate the sealing in an apartment or in a different location (hereinafter
"the apartment") by a court or a judicial Commissioner at the entrance to the apartment uzávěrami
so, in order to subsequently determine if no unauthorized
intrusion into this apartment. As bond usually uses adhesive tape
and prints official stamp so that it was possible to subsequently identify any
violations of the closures. About sealing the apartment shall be drawn up.
(2) the Seal of the apartment cannot be performed if the deceased was not his 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
No longer exist if the reasons of the prohibition of payment of the account or of a passbook under §
paragraph 150. 1 out of 8-, the Court cancels the order. ".
138. section 87 is repealed.
139. In the heading of section 88, the word "property" is replaced by "assets and liabilities of the
the estate ".
140. In § 88 para. 1, the first sentence is replaced by the phrase "Judicial Commissioner shall be
in proceedings pursuant to section 141 of the challenges of row relating to assets and liabilities
the estate will not be sufficient if the findings of the data obtained by the procedure
pursuant to section 172 and 173 of the of row ".
141. In § 88 para. 2 the term "immovable property" shall be replaced by "immovable
"and the word" it "after the word" provide "shall be deleted.
142. section 90 to 92, including the title as follows:
"§ 90
The decision on the inheritance
(1) the decision on the inheritance shall indicate the name and surname of
Commissioner, the address of his Notary Office and an indication that he was in control of the
estate Probate Court authorized to perform operations such as
a court Commissioner. In the letter of appeal is as a place to appeal
indicate the address of the registered office of the survivor's Court and address of the notary office
a court Commissioner. A written copy of the decision on the inheritance shall be signed by
a court Commissioner, representative of the notary designated pursuant to § 24 para. 1
notarial order, companion of the notary or notarial candidate who was
notarial Chamber is appointed to represent notaries in the exercise of his
activity.
(2) copies of the decision on the inheritance of issued by the Commissioner is
shall bear the imprint of its official stamp. If the representative of the Commissioner
the notary shall affix a copy of the resolution, its official stamp. If the representative of the
a court Commissioner candidate notary, shall affix a copy of the resolution of the official
the stamp of a notary, whom he replaces.
(3) in the delivery of the decision on the inheritance of issued by the Commissioner is
proceed similarly as other delivery of judgments.
§ 91
Proposal for a decision
A court Commissioner to prepare draft decisions for the Probate Court
and other acts of the Court in accordance with § 100 para. 3 out of round, it passes the file and design
decisions or other acts in electronic form to that Court.
§ 92
The obligation of notification
(1) a copy of the final decision on the inheritance, which relates to the factual
rights to immovable things, shall transmit to the Court Commissioner in electronic form
workplace to the cadastral land, in whose area of competence
the immovable property is located.
(2) If a part of the decision on the inheritance from which shall be made
copy referred to in paragraph 1, the geometric plan, which was split
or merging of land or to the focus of the ground plan of buildings that are not
recorded in the land registry, a copy of the final decision on the
heritage with a geometric plan, relevant to the cadastral work
the cadastral registry transmitted in documentary form.
(3) if the Commissioner delivers a copy of the decision on the inheritance
appropriate cadastral work, attaches the completed form
published for this purpose on the website of the Czech Office
land measurements and cadastral Office. ".
143. In the heading of section 93, the word "heritage" shall be replaced by
"the inheritance".
144. In section 93 para. 1 the words "ways according to § 175u CCP ' shall be deleted.
145. In article 93, paragraph 2 shall be deleted and shall be deleted at the same time marking
of paragraph 1.
146. In § 94 paragraph. 1, the word "procedure" is replaced by "implementation
action required ".
147. In § 94 paragraph. 2 and 3, the word "heritage" shall be replaced by
"the survivor".
148. In § 94 paragraph. 5, after the words "leave to appeal" the words "at the time when
a court Commissioner has available to the survivor.
149. In the heading of section eleven, the word "heritage" shall be replaced by
"the inheritance".
150. In § 99 paragraph 2. 1 the words "§ 175za CCP" shall be replaced by ' paragraph 100
paragraph. 1 of row ".
151. In § 99 paragraph 2. 2 letter d) is added:
"d) determining the notary who will be in charge, if the Court cancels the credential
a notary public pursuant to § 104 of row, if authorized by a notary shall be excluded under §
105 out of row, or if the Court ordered replacement notary public pursuant to section 131 of the.
of the row ".
152. In paragraph 100 (a). and the word "residence)" is replaced by "permanent
"and the words" § 88 para. 1 (b). I) CCP "are replaced by the words" § 98
of row ".
153. In paragraph 100 (a). (b)), the words "the time of birth or" shall be replaced by "the date of the
birth or ".
154. section 103 shall be deleted.
155. the heading of part of the twelfth: "Custody of the inheritance in the proceedings".
156. § 105 is repealed.
157. section 106 and 107 shall be added:
"the section 106
The amount of cash stored in a metal casing, the Tribunal shall not exceed
the amount of 50 000 CZK.
§ 107
In the case that was the subject of the escrow is saved on a depository, at the end of
custody court orders by pointing out that the article suggested custody issued
the intended recipient; at the same time depository prompts you to Bill of costs
safekeeping. ".
158. section 110:
"§ 110
(1) if the Commissioner Accepts deposit money in the value of more than 20
EUR složiteli shall provide the data needed to account for the composition of the Court.
(2) in the vault of the Commissioner in his Office or in safety
the Clipboard can be used with the Bank for money as a notary, persisted to a total of only 50
EUR in all matters of management of the inheritance. ".
159. section 112 reads as follows:
"§ 112
If the Court finds the Commissioner at the time the Court carried out on the basis of credentials
acts in the proceedings on the estate, that the subject of the custody was not deceased
shall issue to the subject of the custody of the person entitled. ".
160. In § 113 paragraph 2 reads as follows:
"(2) subject to the issue of custody gives the written instruction of the judge.".
161. in paragraph 113, the following new section 113a of up to 113 c shall be inserted:
"§ 113a
(1) the Court in the framework of other activities the Court accepts for safekeeping
and) money transfer to the composition or the Court's current account with the Bank,
(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)) the other movable property which is not suitable for safekeeping in a metal housing, by
that is deposited with the appropriate depository.
(2) for safekeeping cannot accept perishables and things for
their nature or size cannot be saved in the metal housing of the Court nor the
banks and fails to find the depository for them.
section 113b
(1) the Stuff and the money saved to the metal chassis of the Court must be no later than
the following working day passed into custody with a bank.
(2) since the procedure under paragraph 1 may be waived if the safekeeping of certificates of
books with balances, which in one case does not exceed in the aggregate $20 000,
securities denominated in one case to a value not exceeding the sum of the
20 000 Czk and small movable items of negligible prices.
section 113 c
(1) things that are not suited to safekeeping in the metal casing of the Court or to the custody of the
with the Bank, shall be deposited with the depository. The Court finds a suitable depository
in particular between legal and natural persons involved in the custody
things.
(2) at the end of the custody court orders by pointing out that the article suggested by the
custody issued by the intended recipient; at the same time depository prompts you to billing
costs associated with safekeeping. ".
162. In section 114 para. 2 the words "§ 185e." shall be replaced by ' paragraph 299
of row ".
163. In paragraph 116 of paragraph 1. 2 the words "§ 185 m para. 2 and 3 are replaced by the CCP "
the words "§ 307 paragraph 1. 1 and 2 of "and the words" § 185r para. 2 of the CCP "
replaced by the words "§ 313 of paragraph 1. 3 out of 5-".
164. In section 116a of paragraph 1. 1, the word "and" after the words "the obligation of the judge
(President of the Senate) "shall be replaced by" or ", and the words" § 69, 77, 83, 88,
158a, 158d, 179b and 314b tr row and section 75 c a paragraph. 2 and § 273a shall be inserted paragraph. 1 of the CCP "
are replaced by the words "§ 69, 76a, 77, 83, 83a, 88, 88a, 88 m, 158a, 158d,
158e, 179b and 314b tr row., § 81, § 96 para. 3, § 143 paragraph. 3, § 144
paragraph. 2, § 208 paragraph. 3 of Act No. 104/2013 Coll. on international judicial
cooperation in criminal matters, section 75 c a paragraph. 2. with the row and section 404, 456 and
462 of row ".
165. In section 116a of paragraph 1. 2 the words "§ 76a CCP" is replaced by "§ 405 and
452 of "and the words" § 273a child CCP "are replaced by the words" § 493 and 497
of row ".
166. In paragraph 116b para. 2 the words "§ 76a CCP" shall be replaced by ' paragraph 452 of the.
of the row ".
167. The footnote # 15 to 19 shall be deleted.
Article. (II)
The effectiveness of the
This Decree shall enter into force on 1 January 2000. January 2014.
Minister:
Mgr. B in r.
