133/2006 Sb.
LAW
of 14 July 1999. March 2006,
amending the Act No. 99/1963 Coll., the code of civil procedure, as amended by
amended, and Act No 120/2001 Coll., on judicial executors and
enforcement activities (execution order) and amending other laws, as amended by
amended
Parliament has passed the following Act of the United States:
PART THE FIRST
To change the code of civil procedure
Article. (I)
Act No. 99/1963 Coll., the code of civil procedure as amended by Act No. 36/1967
Coll., Act No. 158/1969 Coll., Act No. 50/1973 Coll., Act No. 20/1975
Coll., Act No. 135/1982 Coll., Act No. 180/1990 Coll., Act No. 328/1991
Coll., Act No. 519/1991 Coll., Act No. 263/1992 Coll., Act No. 24/1993
Coll., Act No. 171/1993 Coll., Act No. 114/1994 Coll., Act No. 152/1994
Coll., Act No. 216/1994, Coll., Act No. 84/1995 Coll., Act No. 118/1995
Coll., Act No. 160/1995 Coll., Act No. 237/1995 Coll., Act No. 247/1995
Coll., Constitutional Court declared under no. 31/1996 Coll., Act No.
142/1996 Coll., the Constitutional Court declared under no. 269/1996 Coll.,
Act No. 202/1997 Coll., Act No. 227/1997 Coll., Act No. 15/1998 Coll.,
Act No. 91/1998 Coll., Act No. 167/1998 Coll., Act No. 326/1999 Coll.
Act No. 360/1999 Coll., the Constitutional Court declared under no.
2/2000 Coll., Act No. 27/2000 Coll., Act No. 30/2000 Coll., Act No.
46/2000 Coll., Act No. 105/2000 Coll., Act No. 130/2000 Coll., Act No.
155/2000 Coll., Act No. 204/2000 Coll., Act No. 220/2000 Coll., Act No.
227/2000 Coll., Act No. 367/2000 Coll., Act No. 366/2000 Coll., Act No.
120/2001 Coll., Act No. 137/2001 Coll., Act No. 231/2001 Coll., Act No.
273/2001 Coll., the Constitutional Court declared under no. 276/2001 Coll.
Act No. 311/2001 Coll., Act No. 451/2001 Coll., Act No. 491/2001 Coll.
Act No. 501/2001 Coll., Act No. 151/2002 Coll., Act No. 202/2002 Coll.
Act No. 229/2002 Coll., Act No. 309/2002 Coll., Act No. 320/2002 Coll.
Constitutional Court declared under no. 476/2002 Coll., Act No.
88/2003 Coll., Act No. 120/2004 Coll., the Constitutional Court declared
under Act No. 153/2004 Coll., Act No. 235/2004 Coll., Act No. 256/2004 Coll.,
Act No. 340/2004 Coll., Act No. 435/2004 Coll., Act No. 501/2004 Coll.
Act No. 561/2004 Coll., Act No. 561/2004 Coll., Act No. 628/2004 Coll.
Act No. 59/2005 Coll., Act No. 170/2005 Coll., Act No. 205/2005 Coll.
Act No. 216/2005 Coll., Act No. 340/2005 Coll., Act No. 377/2005 Coll.
Act No. 383/2005 Coll., Act No. 413/2005 Coll., Act No. 56/2006 Coll.
Act No. 57/2006 Coll. and Act No. 79/2006, is amended as follows:
1. In section 50b paragraph 2 reads as follows:
"(2) a document is saved
and) at the District Court in whose area is the place of delivery, or in court,
having its registered office at the place of delivery, if delivered through
bailiff, the authority of the judicial guard, the bailiff or
Police of the Czech Republic,
(b)) at the Court of which the document shall be served, if the document is stores
under section 45e para. 2,
(c)) at the premises of the postal operator, if the document is
delivered through the postal service. ".
2. In section 172 para. 2 at the end of the text of subparagraph (a), the words ")
does not apply in the case of a claim staff on remuneration to
employer; ".
3. In article 258, paragraph 1 reads:
"(1) the performance of the decision imposing the payment of an amount of money you can
make deductions from wages, the commandments of the claim, by the payment of the
an account with a financial institution, the sale of movable and immovable property, sale
the enterprise and the establishment of a judicial lien to real estate. ".
4. the following paragraph shall be inserted after title 320a fourth, which including the title reads as follows:
"Chapter four
THE ORDER FOR THE PAYMENT OF THE ACCOUNT AT THE FINANCIAL INSTITUTION
§ a Spartan army
Enforcement by the debtor for payment of the account for any
domestic financial institution shall be carried out so that the Monetary Institute, which the
a legitimate court order to submit payment, write off the account of the debtor
If such cash account maintained by the Institute, merely a claim with
accessories and pay it to the creditor.
§ 320 c
The proposal for a claimant must, in addition to the General requirements include
compulsory social security number (if assigned), or identification number
(if allocated), if required, the Court shall decide on the
writ of resolution, in which the unnamed orders
the Monetary Institute, if the account debtor maintained by him, after the submission of the
This resolution together with the payment of the funds wrote
mandatory account up to the amount to be recovered and
pay off is authorized.
§ 320 d
Resolution on the regulation of the enforcement of the decision shall be delivered to the creditor and
to the debtor.
§ 320e
On the basis of a final resolution of the issue, the Court authorized the command to
payday. In a statement, the Court shall order payment of the unnamed monetary
the Institute, to the account of the debtor wrote back, if this money Institute
kept, the amount of money specified in the order and paid it to the creditor.
§ 320f
(1) the financial institution, which was passed to the payday and the final command
order of the Court of enforcement, and account servicing
the debtor shall be paid from this account to the creditor immediately cash
funds up to the amount indicated in the payment order.
(2) if the debtor in the account for the full amount referred to in the order for payment,
financial institution shall pay to the creditor the amount whose payment is possible, and
shall notify the Court which issued the decision, the amount of the sum of money, which
the payment has not been made. On the amount of money the Court authorized
a new command, to be paid out.
(3) the financial institution that pays the money to the creditor, even if
in part, shall be retained by the order for the payday.
§ 320 grams
Provisions excluding or restricting the use of claims of legal persons
of the account at the financial institution for other than its intended purpose is without prejudice to
the provisions of the order for the payment of the account at the financial institution.
§ 320h
If the financial institution does not flow as it saves the provisions of § Spartan army and
320e, you may eligible to claim, and even if he's no longer on the account
the debtor is not sufficient funds to pay the financial institution
the amount to which would have the right, if the financial institution has followed
properly. ".
The former head of fourth to seventh are referred to as the head of the fifth to eighth.
PART TWO
Change the enforcement code
Article II
Act No 120/2001 Coll., on judicial executors and enforcement activities
(enforcement procedure) and amending other laws, as amended by Act No. 6/2002 Coll.
Act No. 279/2003 Coll., Act No. 360/2003 Coll., Act No. 53/2004 Coll.
Act No. 256/2004 Coll., Act No. 283/2004 Coll., Act No. 499/2004 Coll.
Act No. 501/2004 Coll., Act No. 377/2005 Coll., Act No. 57/2006 Coll.
Act No. 70/2006 Coll. and Act No. 79/2006, is amended as follows:
1. section 47 reads as follows:
"§ 47
(1) the executor, after being served with the writ of execution,
will examine the way in which the execution was conducted, and shall issue an enforcement order
regarding the assets to be affected by the execution. Enforcement command
means the command to perform the execution of any of the methods provided for in this
the Act. Executor is obliged to choose a command in execution way
the execution, which is not obviously inappropriate, particularly given the disproportionate amount of
the statutory obligations and the price of the subject, which should be the fulfilment of the
obligatory achieved.
(2) an enforcement order has the effects of enforcement in accordance with regulation
Code of civil procedure. According to the order execution, execution performs the
After the final resolution of distraint.
(3) against the enforcement is not subject to appeal.
(4) the assets, which is affected by the bailiff's statement must not be mandatory
transfer to another, encumber or otherwise dispose of. Legal act,
that breach of this obligation, the debtor is invalid. ".
2. in title IV, the following is inserted after part 2, part 3, which including the title reads as follows:
"Part 3
Execution command for the payment of the account at the financial institution
§ 65a
Unless otherwise provided by this Act, shall apply to the implementation of the execution
statement for the payment of the account at the financial institution reasonably provisions
Code of civil procedure governing the execution of the decision by the payment
of the account at the financial institution. "
The existing parts 3-5 are known as parts 4 to 6.
PART THREE
The EFFECTIVENESS of the
Article. (III)
This law shall enter into force on the thirtieth day after the date of its publication.
Fort Worth Star Telegram in r.
Klaus r.
Paroubek in r.
