Amendments To The Civil Procedure Act

Original Language Title: Grozījumi Civilprocesa likumā

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://www.vestnesis.lv/op/2013/87.5


The Saeima has adopted and the President promulgated the following laws: the law of civil procedure to make the civil procedure law of the Republic of Latvia (Saeima and the Cabinet of Ministers rapporteur, 1998, no. 23, no. 15; 2001; 2002; 2003, no. 24, 15; 2004, nr. 6, 10, 14, 20; 2005, nr. 7, 14; 2006, nr. 1, 13, 20, 24, 3. No; 2007, nr. 24; 2008, 13 no, 2, 6, 2009., no. 14; Latvian journal, 2009, no. 205; 2010, 166, 183, 206. no; 2011, 16, 95, 132, 148. no; 2012, 50, 63, 100, 190, 197. No.) the amendments are as follows: 1. Article 34, first paragraph: Add to part with a 4.2 point as follows: "42) on the application in the case of a corporation the members (shareholders) meeting the recognition decision void (18.9) – 100 lats;"; Replace paragraph 11, the words "State Agency" insolvency administration "(hereinafter insolvency administration)" with the words "insolvency administration". 2. Supplement article 215. paragraph 6 by the following: ' 6) the nature of the financial claims the defendant is declared insolvency legal person or natural person bankruptcy process. "
3. Supplement article with 216 paragraph 8 by the following: ' 8) this Law 215. Article 6 — in the cases provided for in the legal person of the insolvency process, or an individual's termination of the insolvency proceedings. "
4. Supplement article 218 of the second part as follows: "(2) If the nature of the financial claims the defendant declared insolvency legal person or physical person's insolvency proceedings, the Court shall renew the suspended proceedings: 1) at the request of the creditor, if the insolvency administrator has taken a decision on non-recognition of the claim of the creditor or partial annulment, on the grounds that there is a dispute about the law; 2) If a complaint about the decision by the insolvency practitioner, have found that there is a dispute about the law and the Court's deadline is asked to renew the proceedings. " 5. Supplement article 223 of paragraph 9 by the following: "9) terminated individuals and insolvency proceedings under the insolvency law, article 164 of the physical person released from the commitments."
6. Add to the fifth section with the following section 46.4: "chapter things on 18.9 members (shareholders) meeting on the recognition void 250.28 article. Jurisdiction and arbitration proceedings for the Corporation members (shareholders) meeting on the recognition void looking Jelgava Court judicial claims procedures as a general rule, subject to the exceptions provided for in this chapter. 250.29 article. Who can submit my application on the application of the Corporation members (shareholders) meeting the recognition of a decision on the legal person. 250.30 article. The initiation of the proceedings and of the proceedings in accordance with the procedure laid down in this chapter are acceptable claims against the Corporation on its members (shareholders) meeting following the annulment of the decision: 1) decision about changes in the composition of the officials of the Corporation (the Board, the Council, the liquidator) or the right of representation of the members of the Executive Board; 2) decision on changes to the share capital; 3) decision on the amendment of the statutes; 4) the decision on the termination of a capital company or of the Group reorganisation, contract conclusion, amendment or termination. 250.31 article. The content of the application (1) in addition to the application of this Act specified in article 128:1) or the applicant asked the court hearing; 2) address in Latvia in communication with the Court to obtain the court documents if the applicant's place of residence or location is not in Latvia. (2) the applicant may request an application to determine the interim safeguard measure (250.35 article). 250.32 article. The application and the attached documents are sent to the defendant (1) explanation of the deadline is 15 days from the date on which the application was sent to the defendant. (2) the Court shall notify the defendant that did not submit an explanation is not an obstacle for the judgment in the case, as well as the fact that the defendant only explanation and its deadline for submission may submit proof and ask for a trial hearing. 250.33 article. Explanation of procedural law proceedings (1) simultaneously with the transmission of documents to the parties (article 148), the Court explained their procedural rights, inform them about the composition of the Court, which will hear the case and explain the right to sign up for the rejection of the judge. (2) referred to in this law, civil procedure law, related to the preparation of the hearing of the case, with the exception of the right to request the trial court, the parties are entitled to use no later than seven days before the hearing notified (250.36 the first paragraph). 250.34 article. Reviews of application (1) if the judge considers it appropriate, he shall be entitled to require from the applicant for review on the explanation for determining feedback submission deadline of 15 days counted from the date on which a copy of the memorandum sent to the applicant.
(2) the applicant feedback and its submission deadline may request a trial hearing, if such a request is not made in the application. If the defendant shall provide explanation and feedback is required, then the plaintiff can ask the trial court not later than seven days before the announced time of the proceedings, if such a request is not made in the application. 250.35 article. Provisional remedies

(1) If there is reason to believe that the applicant's right is being infringed or may be infringed, the Court or judge of a reasoned application of the plaintiff, may adopt a decision laying down an interim safeguard measure. The application for provisional safeguard measure be given temporary protection. (2) the issue of provisional safeguard measure shall not be considered before bringing a case to court. (3) temporary protection are: 1) the prohibition marks recording in the commercial register; 2 the respondent) the prohibition to take certain actions. (4) an application for a provisional safeguard measure, the Court or judge shall decide, without notifying the defendant and other participants in the 15 days after the receipt of the application or at the same time with the prosecution, if the application is filed at the same time with the requirements. (5) the Court or the judge a decision laying down an interim safeguard measure respondent shall be by registered mail, notify the Court or the defendant shall be issued against the signature. The defendant is responsible for a specific action of the observance of the ban from the moment he announced this decision. The Court or the judge shall notify the authority of the commercial ban marks the recording in the commercial register. (6) the Court may, on application by the claimant to replace certain interim safeguard measure with another temporary remedy. (7) the Court may, on application by the party to cancel the interim safeguard measure. (8) in rejecting a claim, the Court of Justice annulled the temporary remedy. The interim safeguard measure shall be in force until the day the judgment comes into lawful effect. (9) If no action or proceedings are terminated, the Court's decision, the interim safeguard measure shall be repealed. The interim safeguard measure shall be in force until the day the judgment comes into lawful effect. (10) the decision by which the interim safeguard measure be repealed, replaced, or fixed, not an ancillary complaint may be submitted. (11) the defendant shall be entitled to seek damages, which he has incurred in connection with the interim measure of protection if the proceedings brought against him is rejected, no action or proceedings terminated this law, article 223 and 4 cases in point. 250.36 article. Written proceedings and pronouncement of judgment and (1) if the parties do not ask the trial court or the Court does not consider it necessary to adjudicate the case at the hearing, the court hearing the case in a written procedure no later than the month following receipt of the memorandum or the expiry of the period for submission or feedback or the expiry of the deadline, timely notification to the parties the date when a copy of the judgment to be able to get the clerk of court. This date is considered the date of the judgment in full. (2) a judgment declaring, after proceedings judgment immediately issued a copy of the judgment. (3) the parties to a written copy of the judgment of the request can be sent by mail or, if possible, otherwise in accordance with this statutory court and document delivery service. A copy of the judgment shall be sent immediately after the full judgment. Obtaining a judgment does not affect the time limit purposes. (4) the written procedure may also make a decision on leaving the claim without examination, on the termination of proceedings or referral to the Court. 250.37 article. Hearing the hearing (1) the court hearing the case at the hearing, judicial claims procedures, at the request of either party or if the Court considers it necessary to adjudicate the case hearing. (2) the judge shall determine the date of the hearing not later than 15 days after receiving the explanation or the expiry of the period for submission or feedback or submission of its expiry. (3) if the Court postponed the hearing, then specifies the next date of the hearing no later than 15 days, except when there is an objective basis for the longer term. Not eligible for deferral of this law article 210 part 4. in the case provided for in point. 250.38 article. The verdict comes into lawful effect (1) judgment of the Court of appeal order is not appealable. (2) a court judgment can be appealed in cassation (tenth). In this case, the tenth section of this law that appellate court judges the actions of the Court of first instance judge. (3) a court judgment comes into lawful effect after it expires to appeal in cassation and appeal in cassation has been lodged. (4) If an appeal in cassation is filed, a court judgment comes into lawful effect: 1) at the hearing of the Senate action, if the decision is to reject cassation proceedings suggest (464. the third part of the article and 464.1); 2) judgment of the Court of cassation instance, if the judgment of the Court of Justice has not canceled or judgment, or part thereof is cancelled and the application is left without hearing or proceedings terminated (474). (5) The judgment of the Court of Justice apply the legitimate force of this law, article 203 of the second, third, fourth and fifth. (6) where, in respect of the various participants in the term for Cassation Court determined in accordance with this law, article 454. first or second, and according to article 2.1 of part 395 or with respect to all the parties a deadline of Cassation Court judgments shall be determined in accordance with this law, article 454, paragraph 2.1 judgment comes into lawful effect then When the time limit for appeal against the elapsed, counted from the date of issue of a copy of the judgment, if the appeal in cassation has been lodged. (7) If the sixth part of this article in cases referred to in the approval has been received for the issue of a copy of the judgment (article 56.2), judgment comes into lawful effect six months after its promulgation. (8) judgment of the Court of Justice is carried out in accordance with this law, article 204 and 204.1 article 205 the provisions of the first paragraph. Immediate execution of the judgment of this law 205 of the first paragraph of article 7 in the case provided for in paragraph permissible, only requiring the adequate security from a collection agency in case the cassation instance court shall adopt this Law Article 474, 3 or 4, paragraph. 250.39 article. Next to the complaints

(1) next to the complaint within 10 days of the Court or a judge's decision can be submitted to the Senate for a day on the following decisions: 1) for refusal to accept a statement of claim; 2) of the decision, to which the statement of claim the plaintiff returned; 3) leaving the claim without examination; 4 termination of the proceedings.) (2) a decision taken by written procedure, the next deadline for submitting many complaints from the date of receipt of the decision. (3) the Court of Justice and the judges of the other decisions of an ancillary complaint may be submitted, but objections to these decisions may make an appeal in cassation. 250.40 article. The content of the appeal in cassation If the applicant's place of residence or location is not in Latvia, an appeal in cassation, in addition to this law, as defined in Article 453. indicate the complainant's address for communication with the Court in Latvia to get court documents. 250.41 article. Senate action is sitting in the Senate action sitting held not later than the month following this law, 460 in the first subparagraph of article and 463 in the third subparagraph of article set for the submission of the explanation. 250.42 article. Time limits for the proceedings in the Senate (1) a written procedure and judgment shall be made in full not later than two months after the action of the Senate sitting. (2) a Senate meeting not later than two months after the Senate's action concerned the hearing or after the written procedure decision on referral to the Court. " 7. Replace the third subparagraph of article 363.3 in paragraph 2, the words "the insolvency application" with the words "intention to submit an application for insolvency proceedings". 8. Supplement article 363.9 the sixth part of the sentence the following wording: "the paid State fee to the creditor to be repaid in full." 9. Express 363.10 the second subparagraph by the following: "(2) if the case brought by the vendor's insolvency application, the judge sends the debtor the creditor's application and the initiation of the decision, notify the debtor and the creditors of the insolvency application date, as well as on the rights of the debtor not later than three days prior to the onset of insolvency proceedings and the date of examination of the application to raise reasoned objections to the insolvency proceedings referred to in the application for a claim , including providing evidence that the debtor is able to cover the insolvency proceedings referred to in the application for the debt. "
10.363.11 article: Add to the second part of the text by the following: "the application to the Court shall consider the written procedure except when it is deemed necessary for the case before a court. If an application for insolvency proceedings in court hearing on the debtor and the call for the meeting. This person is not an obstacle of absence action. "; to complement the text of the third part with the following: "the application to the Court shall consider the written procedure except when it is deemed necessary for the case before a court. If an application for insolvency proceedings in court hearing on the debtor and the call for the meeting. This person is not an obstacle to the absence of consideration. "
11.363.13 article: adding to the ninth part of the sentence the following wording: "the Court rejects the insolvency application filed under article 57 of the law of insolvency in the 2 and 3 referred to in paragraph 1 of the insolvency proceedings, if it establishes that no later than three days prior to the date of the proceedings the debtor has brought substantive objections to the application for insolvency proceedings or claims that the debts, which filed an application for insolvency proceedings is the cover in full. " to complement the tenth with a new second sentence as follows: "Where the insolvency proceedings the applicant withdraws his application because the debtor until the date of the hearing is voluntarily paid by the insolvency proceedings referred to in the application for the debt, the Court, in deciding on the termination of the insolvency proceedings, at the request of the applicant the applicant of the debtor ordered court costs paid."; consider the tenth part of the second sentence of the third sentence; to supplement the article with the eleventh and the twelfth subparagraph by the following: "(11) rejecting the application for insolvency proceedings, submitted pursuant to article 57 of the law on insolvency, 2 and 3 of the insolvency proceedings referred to in paragraph attributes, so that on the day of the examination of the application, the Court does not find the specified proceedings, because the debtor until the date of the hearing is to bear a portion of the indebtedness in the application in order to prevent legal persons the onset of insolvency proceedings for a declaration of invalidity so, deciding on the termination of the applicant from the debtor ordered paid court costs. (12) rejecting the application for insolvency proceedings, the Court shall send a copy of the judgment administrators. " 12. Supplement article 12.1 363.14 subparagraph following the words "the decision of the Court" with the word "case". 13. Supplement article 363.17 quarter with the words "or may ask you to restore the suspended proceedings, the subject-matter of the dispute". 14. Replace 363.24 article, second paragraph, first sentence, the word "applicant" with the words "of the debtor, his guardian or patron." 15. Add to the first paragraph of article 363.27 with text by the following: "the application to the Court shall consider the written procedure except when it is deemed necessary for the case before a court. If an application for insolvency proceedings in court hearing on the debtor and the call for the meeting. This person is not an obstacle to the absence of consideration. " 16. in article: 363.28 to supplement the first part with point 6 and 7 by the following: "6) real estate auction Act approval (Article 611 and 613) and sold the property to the name of the purchaser; 7) insolvency marks the deletion in the land, if the property is sold at auction. " replace the sixth paragraph, the words "in the first paragraph" with the words and figures "the first part of paragraph 1 to 5"; Supplement 9.1 subparagraph following the words ' the decision of the Court "with the word" case ". 17. Supplement article 363.32 quarter with the words "or may ask you to restore the suspended proceedings, the subject-matter of the dispute". 18. Supplement article 450 first and third subparagraph following the words and figures "this law" with the words of the section 30.3 and the number "and chapter" 18.9

19. Supplement article 552.1 sixth with text as follows: "except when the Executive issued the document requirements, which is not related to the drive going to the debtor's property or funds. The Executive also led the case for real estate sale auction or voluntary movable property transfer. " 20. To supplement the article with 560 fifth paragraph by the following: "(5) of the first subparagraph of paragraph 8 shall not apply to the enforcement of the requirements of the things, which is not related to the drive going to the debtor's property or funds. Enforcement records bailiffs also stops when the document was issued, which the requirements related to the real estate sales of voluntary auction or movable property transfer. " 21. Make 606. the second subparagraph by the following: "(2) advertisement for real estate auction, the bailiff shall be published in the Official Gazette" Latvijas journal "and pretend bailiff practice." 22. transitional provisions be supplemented by the following paragraph 68: "68. This law is not applicable, the provisions of section 46.4 of the application for review, the Court received up to 30 June 2013." The law adopted by the Parliament in 2013 on April 18. The President a. Smith in 2013 on May 8.