482/2000 Sb.
DECREE
The Ministry of Justice
of 18 May. December 2000,
amending the Decree of the Ministry of justice no. 37/1992 Coll.
rules of procedure for the district and regional courts, as amended
The Ministry of Justice establishes, pursuant to § 391a Act No. 141/1961 Coll.
the criminal procedure (code of criminal procedure), as amended,
under section 374 of the Act No. 99/1963 Coll., the civil procedure code, as amended by
amended, pursuant to section 20 of Act No. 189/1994 Coll. on higher
judicial officials, and under section 71 (a). and) Act No. 328/1991 Coll.
bankruptcy and settlement, as amended by Act No. 105/2000 Coll.:
Article. (I)
Decree 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. and Decree No. 234/1997 Coll.
is amended as follows:
1. In paragraph 1, the words "created by the boards of appeal (of single judges)" shall be replaced by
"that are created for each of the boards and the single judge".
2. section 2 including the title reads as follows:
"§ 2
Schedule of work
(1) Schedule of work shall issue the President not later than the end of each year
for the next calendar year.
(2) in the schedule of the work must always be
namely, designated judges) and registrars who will act
in each of the judicial departments,
(b) the method of allocating the goods) between individual court departments,
(c) representation of the specified individual judicial) Department for the case that, in the
the specified Department thing cannot be due to long-term absence
the judge or the judge's exclusion or on other grounds provided for by law
discussed and determined,
(d)) determined by the representation of senior judicial officers working in the
individual judicial departments in case they cannot perform acts
in case of long-term absence or exclusion or from other
for serious reasons.
(3) the allocation of goods between individual court departments must be
shall be such that no later than the day on which the Court concluded, was without
the use of the registers or other records of the Court no doubt, AIDS to
which of the Department belongs.
(4) to change the work schedule is effective from the date of its issuance, unless
established its effectiveness later.
(5) schedule of work for the next calendar year, or by a change in work schedule
must not affect the distribution of things and, if possible, or the inclusion of
the judges in each judicial Department, made before their
efficiency. ".
3. in article 2, the following paragraph 2a is inserted:
"§ 2a
(1) If a thing to discuss and decide no Chamber or a judge
specified by the timetable of work under section 2, the President of the Tribunal shall assign the case to another
the Senate (single judge); Similarly, unable to proceed in the matter to perform acts
None of the senior judicial officers intended timetable of work.
(2) prevents a sudden setback a judge or higher court officer
perform individual acts in the matter, the President of the Court, who instead
necessary acts. ".
4. In paragraph 4, the word "workers" shall be replaced by the word "employees".
5. § 5 para. 1, the word "workers" shall be replaced by the word "employees".
6. in § 5 para. 2, "a worker" shall be replaced by the word "employee".
7. In paragraph 6 (1). 1 (b). (e)), after the words "with the power of binding" adds a comma
and inserted the words "the obligation of the convicted person to pay the costs
the damaged ".
8. In section 6 paragraph 2 reads as follows:
"(2) the President of the Court may instruct the judicial trainee and clerks,
in cases heard in civil proceedings separately
carry out these simple acts pertaining to the laws of the Court
the management of the President of the Senate (single judge):
and the preparation of simple administration,) including proposals
(b) request handling in simple) things with the exception of the request in the
contact with foreign countries,
c) operations during defects submission pursuant to section 43 of the code of
procedure (hereinafter referred to as "o. s. l.")
(d)) of the procedure for determination of paternity by an affirmative statement of the parents,
(e)) in the preparation of negotiations under the operations section of the character,
(f) upon request of the defendant's writings) administrative authority according to section 250 d. s. l.,
delivery of a copy of the action, the defendant and the defendant to make a regulation to
the content of the action expressed by section 250e o. s. l., and request comments on the
any consideration of the case without hearing pursuant to § 250f para. 2.
with round,
g) decisions on exemption from court fees pursuant to § 138 o. s. l.,
unless the decision making in the negotiations,
h) decision-making in matters of court fees, unless the decisions
the negotiations,
I) deciding on the repayment of advances in civil proceedings,
j) decision making in the management of the proposals on the issue of a payment order,
If it was explicitly an order of payment proposed in the application,
k) acts and decisions in probate proceedings, unless the provisions of the
Administrator of heritage or any part thereof pursuant to § 175e para. 4. s. l.,
the procedure under § 175 k o. s. l., about letting the předluženého heritage
creditors for payment of debt under § 175p para. 1. s. l., on disposal
heritage under § 175t o. s. l., about the schedule of the proceeds of liquidation of assets
testator in accordance with § 175v o. s. l., on the withdrawal of the case under § 175zb.
row, for a refund pursuant to section 175zd of the things s. r., of heritage, whose General
the price is higher than $5 million, a heritage that is located abroad,
or on the legacy after the deceased, who lived in a foreign country,
l) acts in matters of minors in matters of determining whether consent is needed
the child's parents to the adoption, in guardianship cases persons deprived of
the eligibility of legal capacity and persons absent or unknown, as well as
and in these matters towards the preparation of the judge's decision
published by without a hearing,
m) operations and decision making in the management of úschovách,
n) operations and decision making in the management of amortization schedules,
about) dealing with simple things the commercial register, the Endowment
the register and the register of non-profit companies (hereinafter referred to as
"business register"),
p) issuing of official copies, extracts or confirmation,
q) acts of the Court pursuant to § 260 paragraph. 2. s. l.,
r) acts in a statement of the debtor's assets, with the exception of the procedure under section
260e o. s. l.,
with the decision of) the performance of wages, the commandments of the claim or
the sale of movable property with the exception of the delay of enforcement pursuant to § 266
o. s. l., and stopping power of decision, pursuant to section 268 paragraph. 1 (b). (g)), and
h) o. s. l.,
t) acts in the management of the bankruptcy and settlement proceedings with the exception of meetings and with the
the exception of the resolution on the Declaration of bankruptcy, the rejection of the application for a declaration of
bankruptcy, the resolution on the cancellation of bankruptcy and rozvrhového resolution
the protests of bills of Exchange and cheques). ".
9. In paragraph 6 of paragraph 3 shall be deleted and paragraphs 4 to 9, shall be marked
as paragraphs 3 to 8.
10. In section 6 (1). 4, the word "workers" shall be replaced by the word "employee".
11. In paragraph 6 (1). 6, the word "worker" shall be replaced by the word "employee" and
the words "paragraphs 1 to 3 and 6" shall be replaced by "paragraphs 1, 2 and 5".
12. in section 6 (1). 8 (a). (c)), after the words "clause", the words "legal
power and the clause "and the dot is replaced by a comma.
13. in section 6 (1). 8 the following subparagraph (d)), which read as follows:
"(d) appropriate to the cadastral authority) announce that it has filed for
writ of sale of immovable property or a proposal for a regulation of the
enforcement of the decision establishing a judicial lien on the
real estate ".
14. section 8 including the title reads as follows:
"PART THREE
Access to judicial records and in the commercial register
§ 8
The court records or the commercial register can be used in court to inspect and
take copies and extracts from them during office hours under the supervision of
an authorised employee of the Court. A room intended for that purpose must be clearly
identified and listed on the Guide Board Court. ".
15. the title of part four: "the preparation of meetings, negotiations and other operations
the Court ".
16. in the first sentence of paragraph 10, the words "on the same day" the words "or in the
which will be announced the judgment ".
17. in paragraph 10, second sentence, after the words "shall", the words "the competent
Judicial Department, name, surname, academic title and members of the Senate
(single judge), ".
18. In article 11, paragraph 1, the following paragraph 2 is added:
"(2) before the start of negotiations at the places specified in the courtroom for the
members of the Senate (single judge) and the writer clearly places the tags
indicating name, surname and academic titles of judges and assessors
who will discuss the matter, and the name and the surname of the writer, and leaves
there all the time ".
The former paragraph 2 becomes paragraph 3.
19. in § 13 para. 7, the words "legal representatives" shall be replaced by
"the representatives or agents".
20. in article 15, paragraph 2. 1 in the second sentence after the words "Conference Hall"
the words "with all their belongings".
21. in section 16 paragraph 2 reads as follows:
"(2) after the announcement of judgment shall invite the President of the section of the Senate
(single judge) to present, and myself, also sitting, judgment
participants will learn about the reasons of the appeal (the appeal) and performance options
decisions and generally prompt participants to express their views, whether
giving up the appeal against the announced the judgment. In the case of criminal proceedings,
President of the Chamber shall instruct the persons concerned about the appeal and invite them to
comment on whether it has waived the right to appeal against the judgment of the announced
or whether the appeal serves or retain the statutory time limit to
a possible appeal after the delivery of the judgment. ".
22. In article 16(1). 3, the words "of the operative part and the grounds ' shall be deleted and the word
"sitting down" with the words "and that the resolution on the conduct of the procedure may not be
justified ".
23. section 18 including the title reads as follows:
"section 18
The use of an interpreter
If the court appoints an interpreter, the interpreter may be at the same time Secretary.
This circumstance shall be mentioned in the log. ".
24. section 19, including the title reads as follows:
"§ 19
The summons of certain persons to the Court
(1) the soldiers in active service are to be summoned by the Court
their Commander. If it is not known to the Department in which the soldier held the service,
calls through the relevant territorial military administrations.
(2) a person in prison or in detention with the summons and
showing off through the competent authority of the prison service. If
the person summonsed in custody in another case, you need to join the request
the written consent of the competent authority participating in criminal proceedings with the
you deliver.
(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, with calls by the Institute (medical
device) that will also ensure its demonstration. If required by the
the safety of the staff of the Institute (medical devices), the Institute of
(medical devices) itself measures, so that when the presentation of persons in
institutional care to ensure the security of its employees. ".
25. section 20 including the title reads as follows:
"section 20
Acts of the Court in the preparation of negotiations,
If the procedure referred to in section paragraph character 2 (a). ) to c) of row.
negotiations cannot be ready so that you can decide when the thing
a single meeting, the President of the Senate (single judge) have in all
the parties and their representative or agent to the Court, to provide
they needed guidance and invite them to meet their procedural obligations,
in particular, in order to log added their current factual claims and
suggestions on the taking of evidence, where appropriate, the participants provisionally
to hear, to request reports on the facts that are relevant to the
proceedings and judgments appoint an expert and do other similar
measures. ".
26. in section 21 para. 2, "a worker" shall be replaced by
"employee".
27. in article 21, paragraph 3 reads:
"(3) If, at the hearing, which is drawn up the Protocol referred to in paragraph 2,
closed settlement agreement of the parents on the education and nutrition of a minor child
the agreement on intercourse with a minor child, the agreement on the settlement of the inheritance or
the agreement for the grant, of the předluženého heritage to cover the debts, nadiktuje
the President of the Senate of its wording in the record. At the same time must be at the hearing
Annex to Protocol drawn up on the negotiations, which includes the designation of the Court
the filing of the case, mark the date, the full text of the settlement or agreement
and the signatures of the President of the Chamber (judge), participants in the settlement or agreement and
the writer, if he was invited to copy. The annex is after
the transcript of the minutes of the hearing permanently attaches to it. ".
28. in section 21 para. 4 second sentence reads: "at the same time must be at the hearing
Annex to Protocol drawn up on the negotiations, which includes the designation of the Court
contain the present case, the date, the full text of uznávacího
the defendant's statement and the signatures of the President of the Senate (single judge),
the defendant and the rapporteur, if one was to its copy of the invited. ".
29. in article 21, paragraph 7 is added:
"(7) the Protocol on vote may only be opened by the Chairman, or a member of the Senate,
acting on the appeal lodged against the decision of the
the adoption of the Protocol was drawn up. After the inspection protocol must be on
the vote immediately, and the round is glued not bear an official stamp
the Court in which it has been opened, and the signature of the judge that those acts
performed. ".
30. in paragraph 21, the following paragraph 9, including footnotes.
^ 1) reads as follows:
"(9) on lessons learned, which is obliged to the President of the Senate (single judge)
provide to ensure the secrecy of classified information according to the
Special zákona1) and of the criminal consequences of violation of secrecy
classified information, shall draw up a special protocol, and in the case of
criminal proceedings, the entry in the log; the procedure referred to in paragraph 2 is
excluded. Log or record must also contain a first and last name,
occupation, employer and place of residence of any person who was a lesson
granted. The Protocol is signed by the President of the Senate (single judge), informed
of the person and the writer, who was invited to the copy.
1) Act 148/1998 Coll., on the protection of classified information and amending
certain acts, as amended. ".
31. in paragraph 22, the word "guardian", the words "or guardian".
32. In § 25 para. 2, the second sentence shall be deleted and in the first sentence, the words "may
These copies drawn up by the Court on the parties during cargo "is replaced by
"these copies of the Court shall be drawn up and shall be levied a charge by a party, the Court of
a special law ^ 1a) ".
Footnote 1a) is inserted:
"1a) item 24 of Annex No. 1 of the Tariff of judicial fees law No.
549/1991 Coll. on court fees, as amended. ".
33. in paragraph 28, the following new section 28a to 28 g, which including the following titles:
"PART FIVE
Delivery
section 28a
Delivery when an act or another Court Act
(1) if the Court Delivers a document at the hearing or other court
of the Act, it shall be indicated in the minutes of the hearing or in the log, which was
drawn up by another Court Act.
(2) the report must be noted who carried out what document delivery
was delivered and established the identity of the recipient or of the person who
the specified document to him took over. The Protocol shall be signed by the person who delivered
performed, and the addressee, or the one who took over the document for him.
Delivery outside the acts of the Court
§ 28b
(1) has not been delivered at the hearing or other court
the Act commits to delivery by bailiff or the judicial authorities
guards or by the holder of the licence or mail
through the police authority (hereinafter referred to as "delivery man").
(2) the service of documents through the Department of Governing
specific legislation.
(3) cases in which the police can be served through
the authority shall lay down the specific legislation.
section 28 c
(1) if the proceedings before the Court should be proof of service of a document,
the judicial Department shall surrender the document for delivery to the court process or
the authority of the judicial guard or police authority to its
the delivery was indicated on the return receipt, that it connects to. Commits to
the document is to be served by the postal license holder, shall
the postal license holder of the court document as a consignment with advice of delivery.
(2) if it is to be served into your own hands, on the
packing slip note "into their own hands". If the excluded replacement
delivery of return receipt shall also note on "substitute service
out of the question ". In order to be listed on the packing slip also the hour and minute
delivery of return receipt shall be the note "the exact time of delivery".
(3) legal entities, State bodies, the State, lawyers, notaries,
representatives of the notary, notary, Grahame returned to municipalities and higher territorial
municipalities shall be served on days of rest and usually in
from 9 to 15 hours. The delivery of physical entities is performed by a process server
non-working days and usually at a time from 15 to 20 hours; in
substantiated exceptional cases, they may be forwarded even in days
the work of peace.
section 28 d
(1) unless otherwise stipulated, delivery report must contain the indications
to be served, the date, the name of the courier, and its signature
where appropriate, the official stamp, name of the person document, and
her signature.
(2) the service of the order on a writ of commandments
the claim of the account at the financial institution, the commandments of other cash
receivables and impairments of other property rights on the acknowledgement of receipt shall indicate the
also the hour and minute delivery.
(3) if the document is stored, it must be used,
to be served, the name of the courier and his signature, if necessary by
the official stamp and the date of deposit.
(4) if the addressee has refused, or a person entitled to followed by the document
take, take, it must document delivery report to reflect the
to be served, the name of the courier and his signature, if necessary by
official stamp, the day in which the receipt of the writ denied, and an indication of
that was rendered by the lessons about the consequences of refusal of acceptance
documents (§ 50 o. s. l., § 64 paragraph 2 tr round). The return receipt is also
stating the refusal to accept the document, it was justified.
section 28e
(1) a natural person can be served not only in the specified place of service,
but also on any other known address or anywhere it will be found.
(2) If a natural person or a legal person in the place of delivery
is found, it performs a process server in the usual way at the point of the investigation, whether the
There he resides; the result of the investigation on the acknowledgement of receipt or shall be briefly on the
the consignment. If the bailiff finds that a natural person or legal
the person at the place of delivery is not present and is not known to the other address or
other place of delivery, the document returns with news of the Court.
(3) if the addressee and the substitute service of a document is
According to the marked notes inadmissible, it returns the document to a process server
News of the Court.
section 28f
(1) if the document is saved, the process server
and) a natural person has not been found at the place of delivery, although there
resides, and delivery could not be made in another place or another
person, in the case of service under section 46 of the row,
(b)) a legal person within the specified delivery site resides, but not
in the event that no one who would have been entitled to for it to accept the document, if it is a
delivery according to § 47 o. s. l.,
(c)) in the specified place of delivery has not been reached the lawyer and another person, or
that would have been entitled to for him to accept the document if it is on the service
According to § 48b o. s. l.,
(d)) in the specified place of delivery has not been reached, a representative of the notary, the notary
or substitute notary and nor any other person who would be entitled to followed
served, in the case of service under section 48 c o. s. l.
(2) If a process server served, leaving in place the mailing delivery
the document's call for pick up. The call shall contain the indication about who
the addressee, the indication to be served, with whom, where, and in which day
the document was saved, and by when, and at what time you can document
pick up.
(3) picks up the document to the addressee, or a person authorized for him
to accept the document, it shall be indicated on the acknowledgement of receipt is also the name of he who
a document forward, and his signature, where the official stamp, name
the person document, and its signature. In the event that the document
She was picked up after the expiry of the day which is considered to have been delivered,
the person who will provide the document, guidance as to which the date
a document is deemed to be served.
(4) If a document does not collect the addressee, or a person authorized under the
It served, within 5 days from the date on which the consignment is considered
the document is delivered, returns to the Court in the judicial Department, which it
submitted for delivery.
section 28 g
Service in certain special cases,
(1) persons in prison or in custody documents
served by the bailiff or the authority of the judicial guard. If this is
the nature of the document to be served, the Court may request the delivery of the
the authority of the prison service. Special provisions lay down, when the delivery of these
persons be carried out by the competent police authority.
(2) persons who are placed in facilities for the exercise of the constitutional or
protective care, can be served through
the competent institution.
(3) a document intended to whoever shall enjoy diplomatic privileges and immunities,
or a person who is in his apartment, or who is to be served in
the building or room protected by diplomatic immunity, the
the Ministry for further action.
(4) if it is not possible to deliver the document to the soldiers in active service otherwise,
delivered through the appropriate territorial military administrations.
(5) if it is not possible to deliver the document to the officer shall otherwise
through the Ministry of the Interior. "
The present part of the fifth to sixteenth are referred to as part of the sixth to
17.
34. In section 29 para. 2 the term ' clean ' and ' pure ' are deleted.
35. In section 30 paragraph 2 reads as follows:
"(2) a party shall be paid the actual, effective and cost-efficient travel expenses
the public mass transport. If a participant has used its own
a motor vehicle, he shall provide compensation pursuant to a special legal
Regulation 6) ".
36. section 32:
"§ 32
Meals and overnight Board belongs to a participant under a special legal
Regulation 6) ".
37. In section 34 para. 1, after the words "by the administrator in bankruptcy,"
the words "Interim Manager", and the words "(hereinafter referred to as the" Administrator ") ' shall be deleted.
38. In article 34 paragraph 2 reads as follows:
"(2) when selecting an Administrator referred to in paragraph 1, the Court shall ensure that the nature of the
the case was appropriate to its capabilities. ''.
39. in paragraph 34, the following new section 34a to 34e, shall be inserted:
"§ 34a
The administrator in bankruptcy (the "Administrator") shall be indicated in the list of
registered claims in bankruptcy proceedings separately with the right to claim
to separate satisfaction [section 28 of Act No. 328/1991 Coll., on bankruptcy and
the settlement, as amended, (hereinafter referred to as the "law on bankruptcy and
the settlement ")], the claim of the first class (§ 32 para. 4 of the Act on bankruptcy and
the settlement), and the claims of the second class (§ 32 para. 4 of the Act on bankruptcy and
the settlement).
§ 34b
(1) in the written invitation to the application popřené unenforceable claims (article 23 of the
paragraph. 4 of the Act on bankruptcy and settlement) must be stated who is
It is intended that the bankruptcy case the bankrupt applies (indication,
the Court, which declared bankruptcy, and the file tags, you will
the bankruptcy case in this Court leads), and must be signed and dated.
The challenge must also contain the name, surname and place of residence (in the case of
a legal person, the name or business name, registered office and identification
popírajícího bankruptcy creditor's number), an indication of the amount of the subscribed
claims and about whether her bankruptcy creditor denied the authenticity,
above or order. For accounts receivable popřené in amount must be in the call
indicated to what extent her bankruptcy creditor denied the claims, and
popřené in the order must be stated in the invitation, what the order has
the claim by the popírajícího of the bankruptcy creditors.
(2) a challenge shall also include lessons learned, that in the absence of bankruptcy
a creditor whose claim has been denied by provision, within 30 days of
receipt of the request in court, who declared bankruptcy, the bankruptcy administrator to
the essence and all denying the bankruptcy creditors claim to determine the
the authenticity, the amount of the claim, or the order of the claim will not be popřené what
the authenticity of the remains in bankruptcy is taken; the claim in the amount of popřená
will be considered to be established only in respect of amounts which have not been
negated, and the claim to popřená what to order will have an order that when you
denial said denying bankruptcy creditor. In the call must be included
and the lesson that the bankruptcy creditor whose claim has been provision
negated, filed the lawsuit in may rely on the only legal reason
listed in application or claim review meetings and may
apply only to the amount referred to in the application (article 23, paragraph 2, of the law on
bankruptcy and settlement), as well as lessons in accordance with § 24 para. 4 of the law on
bankruptcy and settlement.
§ 34 c
(1) when the Court will deliver a copy of the application, including attachments, administrators,
the administrator shall establish for each copy of the application, together with the annexes, which
they belong to him, a separate file. In this manuscript also records Manager
all of the acts that performed on the matter, and it is based on documents
the service of documents.
(2) the administrator after the expiry of five months from the legal force of the resolution on the abolition of
bankruptcy copies of documents and invite to shred those who belong to the originals
documents to get it picked up within 30 days with a lesson, that after
expiry of this period of the Charter shreds. If it was against the resolution on the
cancellation of bankruptcy filed an extraordinary appeal or action for annulment, it performs
These operations manager until the end of the proceedings, and only if,
If the contested order cancelled.
§ 34 d
By the end of the period, the Administrator referred to in § 13 para. 2 (a). (c)) of the
bankruptcy shall notify the competent court where and when participants are
entitled to it to inspect the list of registered claims, that
be drawn up, and the evidence of these claims.
section 34e
(1) be served on the administrator if the documents relating to bankruptcy or
the composition of the proceedings in person, has the position of bailiff.
(2) a document delivered to the holder of a licence administrator shall be sent by mail,
If bankruptcy or composition proceedings to be proof of delivery
documents, as recommended by the acknowledgement of receipt and shipment with comment "to
your own hands ".
(3) the failure to deliver the document personally to the Manager, or
through the postal licence, the holder may request the delivery of a
the Court is guided by the bankruptcy or composition proceedings. ".
40. section 40 including the title shall be deleted.
41. In § 45 para. 1, "a worker" shall be replaced by the word "employee".
42. In § 45 para. 2, in the first sentence is replaced by the word "workers" with the word
"employees", and in the second sentence, the word "Individual" shall be replaced by
"Simple" and the word "workers" with the word "staff".
43. In article 46 paragraph 2 reads as follows:
"(2) the Officers shall carry out the following tasks:
and a tour of the principal and tour) his rooms, cabinets and other
mailboxes (section 325a o. s. l.),
(b) an inventory of the movable property) (Section 326 of the row.)
(c)) the sale of goods that are perishable, outside the auction (§ 326b o. s. l.),
(d) reports of things) (section 327 (1) and (2) of s. l.),
(e)), to cover the things that mark had not been secured (section 327 (3).
row.)
(f) reports of movables) estimate, if the action was not an expert (section 328.
row.)
(g)), to cover things in auction sales (§ 328b o. s. l.),
h) release of the proceeds from the sold goods by authorised or other creditors,
button is clicked. the composition of the proceeds in court (§ 331 and 331a o. s. l.),
I) selection of sums recovered from passbook or similar to other forms of
deposit and acts necessary for the exercise of the rights of the certificates of deposit, shares,
Bill of Exchange, cheque, another documentary securities or other instruments, whose
the submission is to be to the application of the law (§ 334 of the row.)
j) acts needed to monetize written book-entry and
immobilized securities (§ 334a o. s. l.),
k) real estate clearance buildings, apartments and other rooms, submission
vacated or zletilému National Affairs of his household,
passing things for safekeeping the village vacated, or other appropriate
depositories, store the key from the Housing Authority, municipality or refunds in court,
the sale of unclaimed goods and the distribution of the proceeds of this sale (§ 340-
344. row),
l) remove movable items with all of these, or,
who is willing to go, and their submission to the creditor (section 345 of the.
row.)
m) the enforcement of an interim measure (§ 273a shall be inserted
paragraph. 2. s. l.),
n) sales of movable assets when disposing of a heritage carried out pursuant to
the provisions on enforcement by sale of movable assets (section 175u (1)
o. s. l.). ".
44. In article 47, paragraph 1 reads:
"(1) the Bailiff always notify the creditor, when and where will the individual
the task is made. ".
45. In § 49 paragraph 1. 2 (a). (b)), the word "negotiations" shall be replaced by
"the Act".
46. In § 49 paragraph 1. 2 (a). (c)), the words "judicial workers" shall be replaced by
the words "employees of the Court".
47. In § 49 paragraph 1. 2 letter e) is added:
"e) service of the order on a writ or other
documents (section 28a) ".
48. In § 49 paragraph 1. 2 (a). (f)), after the word "mandatory", the words
"or joint owners of a mandatory".
49. section 50, including the title reads as follows:
"§ 50
An inventory of the
(1) Written can be movable, that are in the apartment, residence, place of
business or other location where the debtor has his stuff placed, as well as
and mandatory, that he's got someone else if they were at the same time
the bailiff handed. The executor multiple things that are
no doubt that the place of the inventory were brought by those who are there only
on a visit. Written may not be movable assets that make up accessories
real estate.
(2) the Bailiff draws up a mainly cash, valuables, and other things
that can be an easy sell, and which can probably spare required. Things
the sepíší to the extent in which the proceeds of their sale apparently
It is sufficient to satisfy the claim to be recovered. If the execution of the decision
ordered the sale of only certain things can be called on just these things.
(3) written in may not be the stuff of which it is expressly declared to be true.
The Declaration authorized shall be indicated in the log. ".
50. in § 51 para. 1 the words "someone that has to things of a mandatory" are replaced by
the words "husband of the debtor or any other person that has to things".
51. In § 51 para. 2 third sentence is parenthesized text "paragraph is deleted. 1. "
52. In paragraph 51, paragraph 3 is deleted.
53. section 52 including the title reads as follows:
"§ 52
Marking things
(1) things that have not been secured, the bailiff leaves in a place where
were drawn up, and is marked with a label or sticker. A sign is needed on
thing to place so that this thing has not been damaged and that it is possible the matter
continue to use for the purpose which it serves. The mark must be on things
fixed so that it cannot be removed without damage or
the write-down.
(2) the marking shall indicate that the Court wrote, who is eligible,
Reference no of the things day inventory and serial number, under which the case was
conceived in the inventory.
(3) a description of things will be removed as soon as the matter will be sold,
excluded from enforcement or excluded from an inventory, performance
the decision stopped the auction or completed under section 330 of paragraph 1. 1. s. l. ".
54. section 53 including the title reads as follows:
"section 53
A tour of the apartment and other rooms of the statutory and personal tour
the statutory
(1) if required by a lack of access to the dwelling or other room mandatory
or to the apartment of the debtor or other room doors, picked up the slack
the executor to open lock locksmith. After the end of the tour must be
the door is locked again and the keys to the Castle passed to the persons concerned, where appropriate,
notice shall be given, where you can pick up the key from the lock.
(2) to open the case or other mailbox you must add debtor
locksmith. If it is possible, after opening the housing or other containers
Once again closed.
(3) a personal tour of the debtor is to be carried out carefully, particularly with regard to
a tour of the dress, which is mandatory. If there is no executor
of the same sex as mandatory, requiring the person to explore the dress's
of the same sex as the principal that performs the inspection. ".
55. In paragraph 54, the word "Bailiff" is replaced by the words "if it is necessary,
the executor ".
56. In paragraph 56, paragraphs 1 and 2 shall be added:
' (1) in the inventory of the things shall be individually under serial numbers and brief
shall be described.
(2) in addition to the General requirements, the inventory shall indicate in particular,
and warranted) for which an inventory is carried out
(b) the proceeds of the sale can be) out of each, to cover things seem
to achieve,
(c)) that things have not been drawn up according to the indicate the mandatory declaration
or someone who has been affected by the present, when the inventory in the performance
conducted by the Court or other decision by a public authority
(d)) which of the reports which have been secured, and things that have been left on the
and marked,
e) whether the case was stopped, detained or transferred to the collateral security
principal and who is the beneficiary of these rights,
f) what are the findings of the executor under the cursory personal, proprietary and
family circumstances the debtor to the extent necessary for the assessment under penalty
individual things,
(g)) whether written, probably just for the satisfaction of claims
authorized, including accessories. ".
57. In article 56, paragraph 4 reads:
"(4) if the matter has previously been drawn up for another creditor, can be up to
for sale by auction in the inventory to hold things in favor of another
lender. ".
58. In paragraph 56, the following paragraph 5 is added:
"(5) if the written thing that pursuant to section 321 and 322 of the row is not subject to
enforcement of a decision, it may exclude from the inventory, the promoter agrees to
with this true, in whose favour it has been drafted. ".
59. section 57 including title and footnotes # 11 ^ ^), 11a) and ^ 12) reads as follows:
"§ 57
How to inventory the foreign exchange values of gold and gold coins
(1) foreign exchange values ^ 11) the executor immediately takes over and commits
the Court, which will offer foreign currency rapidly place ^ 11a) to buy.
(2) Gold in a different form than in the slitcích of the world's tradable ^ 12) and
the gold coins are sepíší and sold at auction.
11) § 1 (b). d) of Act No. 219/1995 Coll., the foreign exchange law.
11A) § 1 (b). m) Act No. 219/1995 Coll.
12) § 1 (b). e) Act No. 219/1995 Coll. ".
60. section 58 including title:
"§ 58
Collateral of movable assets
(1) If true, will be accepted with the written, movable assets and saves the
in the appropriate depository. If written things to fit, for
the Court. With the consent of authorized and compulsory can be written, things also save
the room of the debtor or creditor, which is locked and the key is
be deposited with the Court.
(2) If you ensure things will require a cost, the executor makes their
ensure only authorized if the cost of backup. ".
61. in paragraph 59, the following new § 59a to 22, including the following titles:
"§ 59a
How to inventory the passbooks, certificates of deposit and other forms of
deposits, securities and documents the presentation of which is needed to
the application of law
(1) a passbook, certificate of deposit slips and other forms of deposits, shares, bills,
cheques or other certificated securities and other documents the presentation of which
you need to exercise the right, the executor draws up, even without a design is always
Removes the statutory and commits is in court.
(2) the inventory of passbooks, and other similar forms of deposits
in the name of the legal person shall inform the Court that it is issued.
(3) the payment of the passbook and other similar forms of deposits, reports
When implementing a decision is made, even if it is bound (vinkulována) on
password, on the evidence, the consent of a third party or to the fact
that is certain that will occur.
(4) book-entry or immobilized securities, the executor draws up,
Once the documents found at the debtor of its communication or on the
the report of the securities Centre, or authority of the head of another
Register for the debtor becomes aware that such securities are recorded.
Immediately after the inventory of the bailiff shall inform the Centre of securities or
authority of the head of the other records on what securities were written and
When and that a mandatory date with them must not dispose of inventory.
section 59b
Liquidation of the securities
(1) taken deposit sold, stock, bills, checks, or other documentary
securities or other documents must be produced to
application of the law, the bailiff shall immediately surrender the judges or in the framework of
its higher permissions to the clerk, in order to assess if necessary
any act to preserve or exercise of the right of the instrument, and shall request the
his instruction for the next procedure.
(2) if it is necessary to apply the law proposal at the Court or other authority
to do so, the executor, on behalf of the State. For the State it is before a court or
by executor; It is bound by the instructions of the judge.
(3) the Realisation of the values referred to in paragraph 1 and of book-entry or
immobilized securities does the executor in a manner to be determined by
judge.
§ 22
Cash
(1) if the executor during inventory cash in excess of 1 000
CZK, list them in the inventory, the debtor is removes and commits is in court.
The principal amount of the certificate is removed at the same time.
(2) if the debtor Is willing to voluntarily pay a claim merely
whole or in part, but the true is not present, takes over the executor
cash, enter it in the inventory and commits is authorized.
The executor draws up the amount the debtor of a diploma certificate.
(3) a bailiff shall not refuse partial payment of due bills or
the check. Partial payment of due bills or check shall be on the
Charter and to the person who paid, shall issue the certificate. If you paid all
the claim shall be issued to the person who paid the Charter bearing the certificate of
payment. ".
62. section 60, including the title reads as follows:
"Enforcement of immovable property
section 60
Resolution on the writ of sale of immovable property must
contain a precise indication of the real estate to be sold, and
warning that the enforcement of the decision shall also apply to
accessories and parts of real estate, including the sale of goods, which make up the
accessories of the property. ".
63. section 61:
"§ 61
In an apartment located in the sold property may be made by
the auction, only if there are appropriate facilities and with the consent of all
persons who permanently live in it. ".
64. In § 62 para. 1 the words "(§ 336f of up 336h row)" shall be replaced by
"(§ 336j and o. 336i s. l.)," and the word "executor", the word "judge".
65. paragraph 63 reads as follows:
"section 63
(1) a resolution on regulation of enforcement of immovable property shall be
be posted on the official Board of the Court on a day when it was found that has
power, and removing from it the day it was posted up on her auction.
(2) the auction shall be posted on the notice board of the Court on the day on which the
released, and remove it in the day following the auction of the property.
(3) the summons to a hearing with the rozvrhovému be posted on the court notice board,
as soon as it was released, and remove it after the end of the rozvrhového negotiations.
(4) if the execution of the decision by selling real estate, removed when stopped
its legal authority from the official Board of the Court all decisions
related to this property. ".
66. in paragraph 63, the following new section 63a-63e, which including the following title:
"The sale of the undertaking
section 63a
Resolution on the sale of a business of enforcement must contain
exact designation of the undertaking which is to be sold, and warning that the regulation
enforcement applies to all things, rights and other property
values that are used to operate the undertaking or due to their nature
to serve this purpose, and depending on the State, which will be here on the day of
the hammering.
section 63b
(1) the administrator of the business rule, the Court will appoint a person registered in the list of
liquidators under a special legal předpisu7)
taking into account the headquarters or place of residence of such person in relation to the place where
It is sold by the company. Another person, the Court shall designate an administrator, unless the
appropriate person entered in the list of liquidators, if
meets the requirements for inclusion in the list of administrators in bankruptcy
under a special legal předpisu7) and with the provisions of the administrator
the company agrees.
(2) the Manager of an undertaking, the Court shall ensure that the nature of the case was
appropriate to its capabilities.
section 63 c
As sold, the company may be made by auction, only if there are
appropriate premises and not to disturb the operation of the undertaking.
§ 63d
(1) during the auction of the company (§ 338w and 350 x o. s. l.) may auctioneers
improve the administration of at least the amount that is equal to 5% of the lowest submission.
The auction of the company continues until a bidders are prompted by the words "for the first time,
for the second time "is a higher administration. If there is no other submissions, the judge notifies the
bidders that if not done higher administration, after prompting the words
"third time" hammering.
(2) If immediately after the end of the procedure provided for in paragraph 1 does not make a
None of the bidders later submissions, the judge grants it to an auctioneer, hammering
who made the highest bid.
section 63e
(1) a resolution on the writ of sale of a business shall be posted on
the official Board of the Court on a day when it was found that has power, and
remove from it the day it was posted up on her auction.
(2) the auction shall be posted on the notice board of the Court on the day on which the
released, and remove it in the day following the auction of the business.
(3) the summons to a hearing with the rozvrhovému be posted on the court notice board,
as soon as it was released, and remove it after the end of the rozvrhového negotiations.
(4) if the execution of the decision stopped the sale of a business removed after
its legal authority from the official Board of the Court all decisions
related to this business. ".
67. In paragraph 64, the words "substitute apartment (replacement property)" shall be replaced by
"housing recovery or shelter".
68. In paragraph 65, the words "vacating the apartment" is replaced by "clearing
real estate, building, apartment or room (hereinafter referred to as "vacating the apartment").
69. section 66:
"§ 66
(1) in the case of vacating the apartment, ensuring housing compensation or
shelter, the executor shall proceed pursuant to section 341 of paragraph 1. 1. s. l., with the
the deleted stuff moves into the designated housing (shelter). If
It finds that the housing recovery (shelter) is not compulsory for assured,
refrain from performing the exercise, this fact shall be indicated in the Protocol on the Act and
submit the dossier to the judges for further action.
(2) if the debtor does not collect nor any of the surviving members of his
Home keys to housing compensation, which were stored at the Court or
authority of the municipality, within six months after having been required on this store
notified the Court returns the keys, who is the executor provided. ".
70. section 68 and 69 shall be repealed.
71. In § 71 para. 1 the words "child care" shall be replaced by
"socio-legal protection of children".
72. In § 72 para. 2 the words "child care" shall be replaced by
"socio-legal protection of children".
73. § 74-77:
"§ 74
After the proceedings, the Court shall instruct the notary competent under section 99, to like
a court Commissioner (hereinafter referred to as "the Court") carried out acts in the proceedings on the
heritage, and referred him to the file.
§ 75
A court Commissioner performs in the central register of wills, led by Notarial
Chamber of the Czech Republic (hereinafter referred to as the "Chamber"), the investigation, whether the registration
the will of the testator, the instrument of abdication deeds or the instrument of withdrawal of the
(hereinafter referred to as "will") and proof of the outcome of the investigation, dated
copies and signed, for inclusion in the file.
§ 76
(1) if the examination referred to in section 75 that the deceased has left a will,
a court Commissioner finds its condition and content, if there is a will for him is stored,
otherwise, the implementation of this Act shall request the notary or court in which the
will be saved.
(2) determine the status and content of the, which will draw up the will is imposed,
the Protocol, which connects a certified copy or a certified copy of the will, and
a will or a certified copy of the notarial acts of the will, shall send to the Court that
conducting a procedure for inheritance from the deceased, to store the collection of declared
wills.
(3) if in proceedings for heritage found that the testator has left
several wills, which are not identical, it is necessary to determine the status and content of the
all; If they are identical, a on the status and content of the will of just one
the Protocol, which shall indicate the number of copies.
§ 77
(1) if in proceedings for heritage to light will the testator otherwise than
in the manner specified in section 75, the Court shall proceed in accordance with § 76. In
the Protocol on the content and status of the will shall indicate who will forward,
where appropriate, the circumstances in which it was found.
(2) in the case that a court Commissioner in the course of the procedure of inheritance becomes aware of
the fact that the deceased has left a will, may carry out investigation
to track down the location of the save, or the person who has it in their possession.
The holder of a will, to his last will and Testament immediately surrendered.
(3) the Commissioner finds the status and content of such an instrument, the nature of the
as wills has doubts if the one who passed it, he said, that the
in the Charter is contained will of the testator. ".
74. In § 78 para. 2, in the first sentence the words "the Court that leads
management of heritage, "and the word" Prosecutor "shall be replaced by" State
the Prosecutor's Office ".
75. In paragraph 91, the words "§ 76, 77" are replaced by the words "§ 75 to 77".
76. the following section is inserted after section 93 93a, which reads as follows:
"section 93a
(1) a resolution modifying the leadership succession, issued by the Court of
the Commissioner, on behalf of the Court, that it commissioned to carry out acts in the proceedings on the
heritage.
(2) a written copy of the resolution referred to in paragraph 1 shall state that
the Court is issued, the name and surname of the Commissioners-designate, designation of participants
their representatives and opinion, information on whether it is permissible to
the appeal, and to the time and place for the submission and the date and place of issue
the resolution. The preamble might not contain.
(3) a written copy of the resolution referred to in paragraph 1 shall be signed by the Court
the Commissioner and shall affix the official stamp of the notary.
(4) a resolution referred to in paragraph 1 does not need a court Commissioner
court approval.
(5) a copy of the resolution is to be submitted to participants, or their representatives,
send, within thirty days after their publication or issue, and
service is progressing as well as the delivery of other court
of documents; This does not apply if there is a need to deliver a resolution (section 168 (2)
o. s. l.). ".
77. In article 94, paragraph 1 is deleted. Paragraphs 2 and 3 shall indicate the
as paragraphs 1 and 2.
78. In § 94 paragraph. 1 the words "under paragraph 1" are replaced by the words "issued by the
in the probate proceedings, which refers to rights in rem in immovable property ".
79. under section 96, the following new section 96a, which reads as follows:
"section 96a
(1) liquidation of the zůstavitelova property when you dispose of the heritage sale
outside the auction carried out judicial Commissioner. Necessary acts as a Court of
the Commissioner.
(2) liquidation of the zůstavitelových things under the provisions of the code of civil
the order of execution sale of movables does when disposing of
Heritage at the request of a court Commissioner bailiff acting at the Court
that it commissioned to perform acts in probate proceedings.
(3) the liquidation of the Affairs of the zůstavitelových under the provisions of the code of civil
the order of execution of immovable property does when disposing of
Heritage Court, which court Commissioner commissioned to carry out acts in the
This heritage; section 93 para. 1 this does not prejudice. ".
80. in § 97 para. 1 the word "eleven" is replaced by the word "twelfth".
81. In § 99 paragraph 2. 2 (a). (c)), the words "§ 17 para. 2 "shall be replaced by the words" §
17A. 1. "
82. In paragraph 100 (a). and the words "(a)). l) "are replaced by the words" (a). k) ".
83. In § 103 para. 1, the word "worker" shall be replaced by
"employee" and the word "especially" with the words "investigation pursuant to §
175c o. s. l., ".
84. In § 103 para. 2, "a worker" shall be replaced by
"employee".
85. In paragraph 103, the following paragraph 4 is added: "(4) a written copy
the resolution under section 93a may issue only judicial Commissioner. ".
86. In paragraph 104, the word "workers" shall be replaced by the word "employees" and
the word "workers" shall be replaced by the word "employees".
87. section 110 to 112:
"§ 110
(1) a court Commissioner takes into custody in connection with the implementation of operations
in the probate proceedings
and in one case) money exceeding the amount of Eur 2 000, that is stored on the
the account of the Court at the financial institution,
(b) the amount of money) 2 000 Czk, passbook, securities and valuables
by being stored in a safety deposit box in your Office or in your
safety deposit boxes at the financial institution,
(c)) the other movable property that is stored in the cabinets in his
the Office, and if not suitable for the storage that is deposited with the appropriate
depository.
(2) for safekeeping 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 the depository for them. If it is to
be deposited with the depository safekeeping, Court Commissioner looks for a suitable
depository in particular between legal and natural persons concerned
the safekeeping of things.
(3) the matters referred to in paragraph 1 (b). a) and b) can be stored in metal housing
in the Office of the Commissioner, if the Commissioner does not have the security
mailbox in his Office and could not be saved during office hours
for a financial institution. The following working day, however, must be stored
in the prescribed manner.
(4) a notary in a safe in his Office or to
safety deposit boxes at the institution of a notary can be money permanently
save only to the total amount of Czk 50 000 in all matters of probate proceedings.
§ 111
(1) money held in an account at the financial institution shall issue to the Court of Justice.
(2) the Custody of the Commissioner shall issue a court Commissioner immediately after the
will receive a voucher to the issue of custody provided with a rounded the official stamp of the Court
and the signature of the judge dealing with the matter. This voucher Court Commissioner
inclusion in the documents for his book escrow Court Commissioner.
(3) the Depository safekeeping shall issue after the court orders the release of custody. Court
depository Bill of costs at the same time ask for safekeeping
If they do not release him custody of these costs by the recipient when you release
deposit paid.
§ 112
(1) if the Court finds the Commissioner at the time, when the Court, on the basis of credentials
performs acts in probate proceedings, that the thing taken into custody was not one
the deceased, shall issue to the custody of the person entitled by himself.
(2) has custody in probate proceedings, the Court shall proceed in accordance with § 105
to 109. ".
88. section 114 reads as follows:
"§ 114
(1) if the applicant lodged with the Court of the national management of the pay
for expropriation, because there has been between the current owner and those
on the vyvlastňovaném of the land or the construction of the rights being acquired is slack
the compulsory purchase order, to the agreement on the apportionment of compensation, 20) will satisfy the demands of those
whose rights expire expropriation, mutatis mutandis, under § 337c and 337d.
with the row and the remainder of the refund goes to the previous owner.
(2) a judgment referred to in paragraph 1 is replaced by the judgment of the Court in accordance with § 185e.
with row; the Court on the basis of the subject of the custody issue 21) ".
89. In section 116a of paragraph 1. 1 the words "section 75 para. 2 "shall be replaced by the words" § 75
paragraph. 4 ", the word" establishes "replaced by the word" agree "and the words" care
minors "shall be inserted the words" or in cases of interim measures ".
90. in section 116a of paragraph 1. 2, the word "establishes" replaced by the word "agree" and
the word "worker" shall be replaced by the word "employee". Part of the sentence for
a semicolon: "accessibility is not to be agreed in the case when
the judge, whose availability has been agreed in accordance with paragraph 1, explicitly
he declares that secures performance of an interim injunction itself. ".
91. In section 116a, the following paragraphs 3 and 4 are added:
"(3) if required by the nature of the proposed interim measures to court about it
decided without delay, if possible, in the day when the application is submitted,
the President of the Court, at the request of the judge dealing with the matter, shall ensure that the
interim measures, it was possible to decide the resolution drawn up in writing and
the participants or their representatives to be delivered by a process server and outside
scheduled work hours or on days of rest.
(4) where justified by the circumstances of the case, that the proposed evidence was
done back in the day when the application is submitted, the President shall ensure that the
to the securing of evidence may also occur outside the scheduled hours of work. ".
92. section 116d:
"§ 116d
(1) if the court orders a provisional measure that the minor child was
handed over to the care of the designated person, the judge shall order the executor or
another authorized court staff, to carry out acts of performance
the decision, if it does not make itself.
(2) if the execution of the decision was not made on the basis of the declared
an interim measure, the judge of the resolution on interim measures referred to in
paragraph 1, after its issuance, it shall be drawn up in writing without delay on it
an enforcement clause, and it will, to be delivered when you perform
enforcement of relevant parties. ".
Article II
Transitional provisions
1. A copy of your records, the Court shall draw up either a neprohlášených of wills on the carrier
using computer technology, if guided by computer technology,
or by making a copy of the filing of such tickets shall be drawn up wills. Write
neprohlášených wills according to this register performs to the central register
Wills Chamber.
2. After inserting the data referred to in point 1 shall be sent to the central register of wills
The Chamber of the Court a written list of their wills written to the Central
the evidence; the Court will check and confirm the completeness and accuracy of all
the data shall inform, as appropriate, the Chamber, what mistakes have to be rectified, and returns to her
a list of.
3. the Chamber shall send each notaries at the headquarters of the Court a list of wills
drawn up by the notary's registration in his Office and notarial wills, which has
in its custody; the notary will check and confirm the completeness and correctness
all of the data, as appropriate, shall inform the Chamber, what mistakes have to be rectified, and
Returns a list of her.
4. as soon as the data will be inserted into the neprohlášených register of wills
the central register, and will be verified by their accuracy and completeness in accordance with points
2 and 3, where appropriate, correction of errors made, shall notify the Chamber of the Court establishing the
Register of wills for the neprohlášených of the competent District Court to
The central register of wills.
5. In proceedings instituted by the date of inheritance, in which the competent
District Court notice establishing the registration Chamber
neprohlášených wills according to paragraph 4, carried out the investigation in the records of the Court
Wills, according to present legislation; If the deceased died after the effective
This Decree, performs the judicial Commissioner of investigation in the register of wills, led by
Through the Chamber.
6. the Court shall notify all notaries, who are located in the perimeter of the competent
the District Court, to what date ended in the records of the interview
wills in accordance with section 5.
Article. (III)
This Decree shall enter into force on 1 January 2000. January 1, 2001.
Minister:
JUDr. Rychetský in r.
