Amendments To The Civil Procedure Act

Original Language Title: Grozījumi Civilprocesa likumā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/223554

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, no. 183) the amendments are as follows: 1. Article 34: to supplement the first part with point 4.1 as follows: "41) on the application of copyright and related rights, database protection (sui generis), the administration of trade marks and geographical indications, patents, designs, plant variety rights, topographies of semiconductor products (hereinafter referred to as intellectual property rights) violations and protection — 150 lats;";
Replace paragraph 7 of the first paragraph, the number "200" with the number "350";
to supplement the first part of paragraph 13 by the following: ' 13) on the application of the real property to the name of the beneficiary — 50 lats. ";
to make the fourth subparagraph by the following: "(4) On an appeal the State fee to be paid at a rate to be paid when submitting the application (in particular the costs of the application of the case), but the nature of the property disputes, rate, calculated according to the amount of the dispute the Court of first instance."
2. Express article 34, first paragraph, point 7 by the following: ' 7) on the application of forced running unchallenged, the forced execution of the order or notice of real estate sale auction voluntarily in court — 2 per cent of the amount of the debt or returning or voluntary auction sale of property values, but not more than 350 lats; "
3. Add to article 37, the first part of paragraph 5 with the following: "5) if the Court approved the settlement — 50 percent paid in government fees."
4. Replace article 100 in the third paragraph, the words "urgent copyright and related rights, database protection (sui generis), the administration of trade marks and geographical indications, patents, designs, plant variety rights, topographies of semiconductor products (hereinafter referred to as intellectual property rights) violations" with the words "emergency intellectual property infringement".
5. Turn off the article 396. in the second paragraph, the words "or of the same Act".
6. Replace the 458. in the first paragraph, the word "fifty" with the number "200".
7. Add to the first part of article 1013 with 7.1 points as follows: ' 71) to the proceedings costs incurred in the application of the bailiff on the real property to the name of the beneficiary filing in court; "
8. Supplement article with 581 fourth subparagraph by the following: "(4) if the Bailiff decides to sell the seized property auction, he sent registered post invitation to provide information to the debtor, whether the debtor is of value added tax-taxable person and or selling his assets seized for auction, auction price under the value added tax regulations governing tax deductible value added tax and what is the price of the taxable value."
9. Supplement 584. the first part of the article with the sentence as follows: "in addition to the information in the notification, or auction price tax deductible value added tax and what is the price of the taxable value."
10.587. Article: to supplement the first part with a new second sentence by the following: "before the auction, the bailiff shall inform, or auction price tax deductible value added tax and what is the price of the taxable value.";
Add to the second sentence of the fifth paragraph after the words "the full purchase fee" with the words "and the value added tax if the auction price tax deductible value added tax";
adding to the sixth subparagraph, the first sentence after the words "the full amount" nosolīt "and value added taxes, if the auction price tax deductible value added tax";
Express sixth second and third sentence as follows: "If the nosolīt amount exceeds one thousand dollars, the bailiff at the request of the nosolītāj may postpone the full purchase price and the value added tax paid for a period of up to seven days. When the auction nosolīt amount and value added tax paid in full, the purchased objects shall nosolītāj, and the bailiff draws up legislation for it. "
to supplement the article with the seventh subparagraph by the following: "(7) after the bailiff has elapsed in the calculation of the time limit for appeals and this estimate is not appealed, or if this estimate is appealed, — after the entry into force of the Court judgment on the estimates drawn up by the bailiff of nosolītāj paid the value added tax paid into the State budget and shall notify the debtor and State revenue."
11. Express 587 article sixth as follows: "(6) a Person who sold items are promising pay full nosolīt and the value added tax, if the auction price tax deductible value added tax not later than the working day following the auction. If the nosolīt amount exceeds one thousand dollars, the bailiff at the request of the nosolītāj may postpone the full purchase price and the value added tax paid for a period of up to seven days. If the amount exceeds 100 000 nosolīt lats, the bailiff at the request of the nosolītāj may postpone the full purchase price and the value added tax paid for up to fourteen days. When the auction nosolīt amount and value added tax paid in full, the purchased objects shall nosolītāj, and the bailiff draws up legislation for it. "
12. Express 589. the first paragraph of article 6 paragraph 3 by the following: "3 nosolītāj fixed-term) fails to pay the entire amount due from him (587 article fifth and sixth part)."
590. Article 13: Supplement to article 2.1 part as follows: "this article (21) in the cases provided for in the first and second subparagraphs, the person who seized the property reserve on auction starting price, priced out and seize the property receives this Law Article 587.";
to supplement the first sentence of the seventh paragraph of the words "and the value added tax if the auction price is liable to value added tax."
14. To supplement the 600. the first paragraph, the first sentence with the words "as well as to provide information on whether the debtor is of value added tax-taxable person and or selling at auction his estate, auction price tax deductible value added tax and what is the price of the taxable value".
15. Supplement article by 601 fifth paragraph as follows: "(5) the debtor is obliged to notify the bailiff, or is he with the value added tax-taxable person and or selling at auction his estate, auction price subject to value added tax. If the auction price under the value added tax regulations governing tax deductible value added tax, this information indicates the debtor taxable value for this price. "
16. in article 606: Supplement third with 8.1 points as follows: ' 81) or auction price tax deductible value added tax and what is the price of the taxable value; "; 
to complement the fourth paragraph by the words "at the same time announcing, or auction price tax deductible value added tax and what is the price of the taxable value".
17. Add to the first paragraph of article 608 of the second sentence, the words "as well as inform, or auction price tax deductible value added tax and what is the price of the taxable value".
18. in Article 611: supplement the first sentence of the second paragraph with the words "value added taxes, if the auction price is liable to value added tax, as well as article 34 of this law, the first part of paragraph 13 the State defined in the fee for the application for the real estate to the beneficiary name";
Add to article 3.2 of the following paragraph: "(32) after the bailiff has elapsed in the calculation of the time limit for appeals and this estimate is not appealed, or if this estimate is appealed, — after the entry into force of the Court judgment on the estimates drawn up by the bailiff of nosolītāj paid the value added tax paid into the State budget and shall notify the debtor and State revenue."
19. Supplement article 613 with 1.1 part as follows: "(11) the court bailiff application for real estate to the acquirer's name, add documents, confirming that the legal costs of the said filing in court have been paid."
20. Make 614. the first paragraph of article 6 paragraph 3 by the following: "3 nosolītāj fixed-term) fails to pay the entire amount due from him (611. the second part of the article)."
21. Make 615. the fourth paragraph of article as follows:

"(4) a Person who reserves the property within one month paid into the bailiff's deposit account of article 34 of this law in the first part of paragraph 13 of the national fee for the application for the real estate to the acquirer's name, as well as the first, second or third part and the value added tax, if the auction price is liable to value added tax, according to calculations made by the bailiff (631. the third part of the article) and in the light of this law, the provisions of article 612."
22. transitional provisions be supplemented by 49, 50 and 51 the following: "49. Article 34 of this law in the first part of the new paragraph 7 (which provides for the national toll for the application for a compulsory execution, unchallenged on the fulfillment of the commitments forced a warning or on real estate sale auction willingly in court — 2 per cent of the amount of the debt or returning or voluntary auction sale of property values but not more than 350 lats) enters into force on February 1, 2011.
50. This law, Article 587 of the sixth part the new version (which requires that a person have saleable items, promising pay full nosolīt and the value added tax, if the auction price tax deductible value added tax not later than the working day following the auction) shall enter into force on February 1, 2011.
51. in the case of movable property and real estate auctions, which opened up the 2010 December 31, are applied to the provisions of the Civil Procedure Act, which was in force until 31 December 2010. "
23. Add to the informative reference to directives of the European Union with paragraph 3 by the following: "3) of the European Parliament and of the Council of 21 May 2008 the Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters."
The law shall enter into force on January 1, 2011.
The Parliament adopted the law on 20 December 2010.
President Valdis Zatlers in Riga of 2010 December 30.