Advanced Search

Amendments To The Civil Procedure Act

Original Language Title: Grozījumi Civilprocesa likumā

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
The Saeima has adopted and the President promulgated the following laws: the law of civil procedure to make the civil procedure law (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. no) the following amendments: 1. Express article 8 the first paragraph by the following: "(1) the Court shall ascertain the circumstances of the case When examining the evidence, obtained in accordance with the procedure prescribed by law. "
2. A supplement to the article 15 the third paragraph as follows: "(3) in the cases provided for in this law, court applications, complaints and questions examined the writing process, not a court."
3. Express article 34, first paragraph, of the following paragraph 11: "11) on complaints in cases of insolvency due to the meeting of creditors, or the creditors ' Committee decisions on complaints due to the administrator's or liquidator's action, as well as of the Council of 29 May 2000 Regulation (EC) no 1346/2000 on insolvency proceedings (hereinafter referred to as the Council Regulation No 1346/2000), 33 and 37 of the operations provided for in article 10."
4. Supplement article 342 of the second part as follows: "(2) in the case of Council Regulation No 1346/2000 article 3 set out in paragraph 1 of the opening of insolvency proceedings in court at the Centre of a debtor's main interests, but the location of this regulation in the case of article 3, paragraph 2, set out in the insolvency proceedings, the debtor company (article 2 of the said regulation the" h "within the meaning of point) location."
5. Add to 343. the first subparagraph of paragraph 5 with the following: "5) of Council Regulation No 1346/2000 of 29 specified in paragraph" a "person."
6. Supplement article 345 fifth with the words "or by Council Regulation No 1346/2000 article 3 set out in the insolvency proceedings at the request of the liquidator, the liquidator to that".
7. Express 346 article sixth as follows: "(6) the appointed administrator: 1) defines the persons who, under the law of the debtor's representatives, and shall draw up a list of such persons;
2) prepare a report on the bank accounts and that the existing funds of the debtor, the debtor's assets and working capital;
3) identify the property belonging to third persons, that is owned or held by the debtor, and draw up a list of the property;
4) based on the debtor's accounting data, drawn up and provided the list of unsecured creditors;
5) prepares an opinion on whether initiated against the debtor in the Council Regulation No 1346/2000, article 3, paragraph 1 or 2 set out in the insolvency proceedings;
6) until the hearing or to judge the deadline laid down in the decision to submit to the Court 1, 3, and 4. the lists referred to in paragraph 2 of the report referred to in paragraph 5 and paragraph opinion. "
348. Article 8: Supplement to article 1.1 part as follows: "(11) If a court makes a judgment on Council Regulation No 1346/2000 article 3, paragraph 2, set out in the insolvency proceedings against the debtor, then do not apply the first subparagraph.";
Add to article 2.1 part as follows: "(21) making judgement on the insolvency of the debtor, the Court shall decide whether to impose an obligation to publish an administrator notification of the debtor's insolvency proceedings in another Member State of the European Union (hereinafter referred to as the other Member States) in the Official Gazette, within the territory of which the debtor has an establishment of Council Regulation No 1346/2000, article 2" h "within the meaning of paragraph or something, if the administrator has the right to publish such notice in another Member State and the Court of Justice against the debtor initiates of the regulation article 3(1) set out in the insolvency proceedings."
350. Article 9: Add to the first paragraph of point 7 and 8 as follows: "7) final approval of the restoration;
8) Council Regulation No 1346/2000, 33 and 37 of the operations set out in article 1. ';
to make the second and the third part as follows: "(2) the Court also hears complaints about the Committee of creditors, the creditors ' meeting and its decisions and decide other insolvency issues.
(3) the Court of Justice in connection with the matter referred to in this article may require the administrator shall submit their activity reports or other information, but Council Regulation No 1346/2000 article 3 set out in the insolvency proceedings, the liquidator — information required in this article for the adoption of a decision. ';
to supplement the article with seventh, eighth, ninth and tenth by the following: "(7) in deciding on Council Regulation No 1346/2000, article 33, paragraph 1 specific activities, the Court finds that the actions of this regulation, article 3, paragraph 1 of the insolvency proceedings in the interests of the creditors, and the Court shall determine the appropriate measures by Council Regulation No 1346/2000, article 3 (2) in the interests of the creditors in the insolvency proceedings of the , as well as the consequences of the bankruptcy proceeding (also in the progress of recovery or settlement adopted procedures).
(8) in deciding on Council Regulation No 1346/2000, article 33, paragraph 2, set out in the action, the Court is satisfied that article 33 of the regulation referred to in paragraph 1 the continuation is no longer justified.
(9) the decision of the Council Regulation No 1346/2000, article 33 of the activities set out in the Court of the debtor's agent, the administrator and the Agency.
(10) when deciding on Council Regulation No 1346/2000 laid down in article 37 of the action, the Court finds that the action is article 3 of this regulation set out in point 1 of the insolvency proceedings in the interest of creditors. "
10. To supplement the article with 351 fifth and sixth the following: "(5) if the Court against a debtor launched a Council Regulation No 1346/2000, article 3, paragraph 2, set out in the insolvency proceedings, the Court approved the settlement, if it is the first approved to this regulation in writing article 3(1) set out in the insolvency proceedings, the liquidator.
(6) if the Court against a debtor launched a Council Regulation No 1346/2000, article 3, paragraph 2, set out in the insolvency proceedings and the settlement is not approved to this regulation in article 3(1) in certain insolvency proceedings, the liquidator, the Court shall before the settlement approval hearing that regulation paragraph 1 of article 3 set out in the insolvency proceedings, the liquidator and the approved settlement, if it is established that the Council Regulation No 1346/2000, article 3 (2) in certain insolvency proceedings completion with the settlement does not affect the article 3 of this regulation, set out in paragraph 1 of the insolvency proceedings, the financial interests of the creditors. "
11. To complement the 352. the first part of the article after the word "administrator" with the words "Council Regulation No 1346/2000 article 3 set out in the insolvency proceedings, the liquidator".
12. To supplement the law with article 354.1 as follows: "article 354.1. Rescue final approval (1), the Court confirmed the decision of the creditors ' meeting on the bailout, while the final decision on the termination of the insolvency proceedings.
(2) if the Court against a debtor launched a Council Regulation No 1346/2000, article 3, paragraph 2, set out in the insolvency proceedings, the Court approved the decision of the creditors ' meeting on the bailout, if their first conclusion is confirmed by the written article 3 of this regulation, set out in paragraph 1 of the insolvency proceedings, the liquidator.
(3) if the Court against a debtor launched a Council Regulation No 1346/2000, article 3 (2) of the insolvency proceedings as defined in this regulation and article 3(1) set out in the insolvency proceedings, the liquidator is not approved by the creditors meeting decision on conclusion of the restoration, the Court decision before the creditors meeting for final approval of the restoration hearing that Regulation No 1346/2000 article 3 set out in the insolvency proceedings, the liquidator and to confirm the decision of the creditors ' meeting If it is established that the Council Regulation No 1346/2000, article 3 (2) of the insolvency proceedings set out in the completion of the reorganisation will not affect the article 3 of this regulation, set out in paragraph 1 of the insolvency proceedings, the financial interests of the creditors. "
13. To complement the 357. the second subparagraph of paragraph 4 by the following: "4) proof of payment of the balance of funds of Council Regulation No 1346/2000 article 3 set out in the insolvency proceedings, the liquidator, if the Court against a debtor launched this regulation article 3 paragraph 2 set out in the insolvency proceedings."
14. Make 360. article as follows: "article 360. Complaints about the Agency's decision (1) the Court shall consider the meeting of creditors, the creditors ' Committee, representatives of the debtor, creditors, the administrator or third parties whose rights or legal interests are violated, complaints about the Agency's decision on the conduct of the insolvency administrator and the imposition of legal obligations.
(2) if the Court finds that the contested decision does not comply with the law, it satisfies the complaint and decide on: 1) the Agency's decision in whole or in part;
2) implementing agency to accept or examine the complaint about admin action;
3) implementing the administrator to troubleshoot the irregularity.
(3) if the Court finds that the contested decision is illegal, its complaint rejected.
(4) in considering complaints about the Agency's decision, the Court may require administrator action report. "
15. off 362. the second paragraph of article 6, the words "or suspended certificate".
16. the Present text of article 447 by the following:

"(1) an ancillary complaint dealt with in the order in which a statutory matter to the appellate court, except in the second paragraph of this article, in the cases.
(2) next to the complaints about the judge's decision outside the hearing and the land registry Department judges decisions look written process, without hearing. On the next day of the inquiry, the Court shall notify the parties. "
17. the express article 449 fourth part as follows: "(4) an appeal in the Senate in the second and third subparagraphs, and article 641 of this law provided for in the first subparagraph, provided the security of 40 lats. The security is payable to persons who by law or by a court or a judge's decision is exempt from State fees. The Court or the judge, subject to an individual's assets, totally or in part, may exempt a person from payment of security. "
18. transitional provisions be supplemented by the following paragraph 27:27.447. This law new article laying down next to the complaint about the judge's decision and the land registry Department judges decisions written examination process, shall enter into force on 1 July 2006 and apply to next to the handling of complaints about those decisions, adopted from July 1, 2006. "
The Parliament adopted the law of 25 May 2006.
State v. President Vaira Vīķe-Freiberga in Riga on 14 June 2006 Editorial Note: the law shall enter into force on 28 June 2006.