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Amendments To The Civil Procedure Act

Original Language Title: Grozījumi Civilprocesa likumā

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The Saeima has adopted and promulgated the following laws of Valstsprezident: amendment of the code of civil procedure act in (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, 100, 197, 190 n.; 13, 87, 112, 188. nr.; in 2014, 2, 41, 63, no. 108) the following amendments: 1. Supplement article 138 with 7.1 part as follows: "(71) attachment of the payments that are due from third parties, including funds in credit institutions and other financial institutions, it is not permissible that the claim is that the remuneration be determined at the discretion of the Court." 2. in article 139: to complement the second paragraph after the word "transfer" with the word "standing"; adding to the third paragraph, the words "or permanent arbitration". 140. Article 3: Add to the first paragraph, the words "and the proportionality between the parties ' legal interest"; Supplement fifth with the sentence the following wording: "in deciding the question of the abolition of the security requirements, the Court or judge shall evaluate in the first paragraph of this article, the conditions specified in the light of the evidence submitted by the parties and justification."
4. in the first subparagraph of article 363.14: Supplement point 4 with the words "as well as the bankruptcy marks the deletion in the land"; 5. turn off the point.
5. Express article following 363.15:363.15 "article. Decision on the approval of the Act of sale of property of the insolvency proceedings (1) if the administrator sold the real estate or business auction, auction road legislation submitted to the Court for approval, after the nosolītāj paid the entire amount due from him. Administrator application specifies the details of the action taken in cases related to property sales, adding it to the supporting documents as well as documents confirming that the legal costs of the said filing in court have been paid. (2) the Court shall approve the auction law in accordance with the provisions of this law on real estate auction (with the exception of article 613 of this Act in the third and ninth in part). Application for the real estate auction Act approval (Article 611 and 613) and sold the property to the name of the beneficiary, the Court examined the written procedure within 15 days of the filing of the Court administrator. In satisfying an application, the Court adopted this law, at 613 in the fifth subparagraph of article proposed decisions. (3) the actions laid down in this article is to take the Court in the proceedings is a legal person of the insolvency case. (4) the Court's decision satisfied the administrator an application for the approval of the Act of the auction and sold the property to the name of the beneficiary, within three days from the date of entry into force, sent to the land registry Department, where the area is in real estate. Not later than three days from the date of entry into force of the Court decision on the approval of the allotment Act, the administrator of the Act 611. the second paragraph of article 4, paragraph a State registry fee and paid into the State budget and notify the beneficiary and the relevant land registry Department. " 6. in article 363.28: Supplement 6 of the first subparagraph of paragraph with the words "as well as the bankruptcy marks the deletion in the land"; turn off point 7; Add to article 1.1 part as follows: "(11) the application of the real estate auction Act approval (Article 611 and 613) and sold the property to the buyer's name in court, which is in insolvency proceedings in the case, in the order set out in this law, 46.1 chapter." 7. Replace article 399, first paragraph, the word "the" with the words "regional court district (City) land registry Department of a court". 8. Express the twelfth section name as follows: "the twelfth section of the Permanent Court of arbitration enforcement order". 9. Turn off the 61, 62, 63, 64 and 65. chapter. 10. off 533. article. 11. Express 534. article as follows: "article 534. Submission of application for issue of a permanent Executive article of the arbitration judgment forced execution (1) If the Permanent Arbitration judgment enforceable in Latvia and voluntarily are not met, the interested party application for the issue of the Executive standing arbitration enforcement of the judgment may be submitted to the district (municipal) Court of the declared place of residence of the debtor, but, failing that, at the debtor's place of residence or registered office, or at the place of execution of the judgment of the Arbitration Board. (2) the application for the issuance of the Executive standing arbitration enforcement of a judgment shall be accompanied by: 1) a copy of the judgment of the Permanent Arbitration; 2) arbitration agreement, which confirms the parties ' written agreement for the civil service of a dispute to arbitration, or a certified copy of it; 3) transcripts according to the overall number of parties; 4) documents confirming the Government fees and the application for the issuance of the Executive standing arbitration enforcement of the judgment for the payment of related expenses. (3) the second paragraph of this article referred to in paragraph 4 may not be added if the application shall include details on the payment of State fees and the application for the issuance of the Executive standing arbitration enforcement of the judgment for the payment of expenditure, indicating the person's identification data: name, surname, personal code, or name and registration number, if different from the applicant's data, as well as the payment order date and number. Make a payment, the payment order shall indicate the objectives of information on debtor — his name, surname, personal code, or name and registration number. In this case, the district (City) Court re-imposed as received in the State budget through the budget of the electronic payment system. (4) the arbitration agreement of the parties to a written agreement on the transfer of the dispute to arbitration, after the party, you can give back, replacing it with a certified true copy. " 12. To make the article name and 534.1 first subparagraph as follows: "article 534.1. The application for the issuance of the Executive standing arbitration judgment forced execution proceedings, send (1) when the district (City) Court received an application for the issue of the Executive standing arbitration enforcement of the judgment, it immediately sends the other parties by registered mail, a written statement setting the deadline for the submission of not less than 20 days from the date of dispatch of the application. " 13. Express 535 536 and 537, article by the following: ' article 535. The application for the issuance of the Executive standing arbitration enforcement of the judgment to the Registrar (1) the decision on the issue of the Executive standing arbitration enforcement of the judgment or the decision on the refusal to issue a permanent Executive article arbitration enforcement of the judgment of the judge shall be adopted on the basis of the documents submitted, not calling things players, 20 days from the date of the explanation sent other parties, or 20 days from the date of expiry of the explanation. When deciding on the issue of the Executive standing arbitration enforcement of the judgment, the judge shall decide the question, or recoverable state fee for the issue of this article and of the Executive or recoverable with costs of the proceedings. A copy of the decision to send the three-day parties. The decision on the refusal to issue a permanent Executive article arbitration enforcement of the judgment of the Permanent Tribunal sends to the home page of the specified e-mail address. (2) the Court may izprasī from the Permanent Court of arbitration cases or other information if you need it in the first paragraph of the said decision. (3) the decision on the issue of enforcement of the arbitration judgment against constant execution may not be appealed. (4) a decision to refuse to issue the Executive article standing arbitration enforcement of the judgment of an ancillary complaint may be submitted within 10 days from the date of receipt of the copy of the decision. (5) the decision on the refusal to issue a permanent Executive article arbitration enforcement of a judgment shall enter into force following the expiry of the deadline for submission of an ancillary complaint and the complaint is submitted to the next. 536. article. The issue of the implementation of judgments of the standing Tribunal of forced execution grounds for refusal (1) judge refuses to issue the Executive standing arbitration judgment type of forced execution: 1) specific civil disputes can only be settled by the Court; 2) of the arbitration agreement concluded by a natural person in a limited capacity or minor; 3) arbitration agreement in accordance with the procedure prescribed by law is repealed or declared void; 4) party was not duly notified of the arbitral proceedings or other reasons, it could not submit his explanation and this significantly affected the arbitration process; 5) party was not duly notified of the appointment of the arbitrators, and this significantly affected the arbitration process; 6) an arbitrator does not comply with the requirements of the law, the arbitral tribunal was not created or the arbitration process does not take place in accordance with the arbitration agreement or the arbitration provisions of the Act; 7) arbitration judgment on civil disputes, not provided for in the arbitration agreement or which do not comply with the terms of the arbitration agreement, or it is the settlement of issues that do not involve the arbitration agreement. (2) If an article standing arbitration for enforcement of the judgment in the first part of these reasons it is not possible to issue a permanent part of the judgment of the Arbitration Board, it may issue a general judgment of the Arbitration Board. 537. article. Enforcement of the arbitration judgment of permanent type of forced execution of the consequences of the refusal to grant after the decision on the refusal to issue a permanent Executive article arbitration enforcement of the judgment to come into effect: 1) the civil dispute may be settled in the courts in General, if an article standing arbitration for enforcement of the judgment refusing to grant, on the basis of this law, the first paragraph of Article 536 of 1, 2, 3 and 7; 2) civil dispute may refer the dispute to arbitration, if article standing arbitration judgment for enforcement refused to issue, on the basis of this law, 536 first paragraph of article 4, 5 and 6. " 14. To supplement the 600. the third paragraph after the words "security right" with the words "or ban". 15. in Article 611: make the second paragraph as follows: "(2) Nosolītāj one month after the auction to pay the entire amount: 1) what he said; 2) value added taxes, if the auction price is liable to value added tax; 3) of this Act article 34, first paragraph, point 15 State fee specified in the application for the property to the name of the beneficiary; 4) State and the registry fee, a set of laws to strengthen property rights in the land. "; Add to article 2.1 part as follows: "(21) for the payment of all the amounts considered to be also submitted to the bailiff at the request of the bank guarantee letter of warranty items, amount and period, which may not be less than three months from the date of approval of the auction law, if such a demand letter for the guarantee of use agreed to a collection agency and mortgage creditor."; make the third paragraph as follows: "(3) after the property nosolītāj all of his paid the amount due, the bailiff application for real estate to beneficiary name electronically submitted to the district (City) land registry Department of a court whose territory the immovable property, and asked to strengthen property rights in land to the beneficiaries." 16. the express article 613 by the following: ' article 613. Real estate auction (1) of the Act Apply for the real estate to the beneficiary (the person who possessed of real estate, or nosolītāj) the name of the court process in writing within 30 days from the filing of the bailiff of the Court. On hearing the Court shall notify the bailiff, as well as a collection agency, the debtor, the purchaser of real property, the real property owner, the mortgage creditor and the person who submitted this Law 617. Article referred to in the second paragraph of the complaint if the complaint is submitted to the following. (2) the bailiff shall contain information concerning the application to use during the execution of the activities associated with the recovery going on in real estate, and confirms this law 611. the second paragraph of article 3 and in paragraph 4, the specific court fees for filing referred to in court. (3) the proceedings, the Court looks into case registry Performance data. The Court is entitled to request from the the parties involved in the case additional written explanations and evidence to clarify the circumstances of the case and the evidence. (4) at the same time with the application for the property to the name of the beneficiary, the Court may also hear complaints about the conduct of the bailiff, if the auction void (617. the second part of the article). (5) the application, Satisfy court decides: 1) of the Act and the approval of auction sales of real property to the name of the beneficiary; 2) independently of the consent of the creditors, for all the land the property recorded debt obligations, of which the winner is not just announced that assume its on themselves; 3) regardless of the consent of the creditor, of the encumbrances, adopted as a condition for acquiring the property (609); 4 the land property) of recorded ban marks the deletion; 5) for complaints about auction annulment that rejection, if such a complaint is submitted. (6) on application, the Court Rejected recognises the auction invalid. (7) at the request of the beneficiary, the Court decides on the admission for their real estate owned. (8) following the request of the bank that issued the letter of guarantee used for the payment of the purchase price, the Court decides on the establishment of rights to securities sold real estate. (9) if the case is not filed against auction annulment or not submitted a request for admission for the possession of immovable property, a decision approved the auction or meet for real property to the nosolītāj, the co-owner or vendor name (615-fifth article), the Court shall be drawn up in the form of a resolution. (10) The decision of the Court of Justice an ancillary complaint may be submitted to the County. (11) after the entry into force of the Court decision, which upheld an application for property to the name of the beneficiary, the bailiff of this Act 611. the second paragraph of article 4 or article 615 of the fourth part of the country referred to in paragraph 2 and the fee for the registry, a set of laws and the strengthening of property rights in the land, paid into the State budget and notify the beneficiary and the relevant District (City) land registry Department of a court. (12) in accordance with the procedure laid down in this article, in so far as it relates to the decision on approval of the adoption act of auction, district (City) land registry Department of a court-approved auction of ships Act. " 17.615. Article: make the fourth and fifth by the following: "(4) a Person who reserves the property within one month paid into the bailiff's deposit account: 1) this law, article 34 of the first paragraph of article 15, the State fee for application for the property to the name of the beneficiary; 2 national and clerical duties), as set out in the legislative instrument to strengthen property rights in the land; 3) in the first, second or third the amount specified in part; 4) 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. (5) in the fourth paragraph of this article that amounts to pay the bailiff to electronically submit to the district (City) land registry Department of a court whose territory the immovable property, the application of the real estate to the nosolītāj, the co-owner or vendor name, and on the land of the debts (613) and asked to strengthen property rights in the land. " 18. Replace article 617 in the second part of the word "Court" with the words "district (City) land registry Department of a court". 19. transitional provisions be supplemented with 82, 83, 84, 85 and 86.. paragraph by the following: "82. Application for permanent arbitration enforcement of the judgment or of the refusal to issue the Executive standing arbitration judgment type of forced execution, who received up to 31 December 2014, the Court in the order that was in effect the Permanent Court of arbitration at the time of judgment. 83. amendments of part D of this law, the Permanent Court of arbitration enforcement procedures and about 61, 62, 63, 64 and 65. Elimination of chapter shall enter into force on January 1, 2015. 84. This law 611. the third paragraph of article on the application of the real estate to the acquirer's name, electronic submission of this law the third subparagraph of article 613 of the Executive Affairs consultation register and this law 615 fifth article on the application of the real estate to the nosolītāj, the co-owner or vendor name, and recorded in the land register for debt adjustment electronic filing to apply to the availability of technical support but no later than by 1 January 2015. 85. Things about real estate to the beneficiary (the person who has taken over real estate or nosolītāj) word that until 2014 31 October accepted for review in the District Court, the civil procedure law, which was in force until 31 October 2014. 86. The Supreme Court's Civil Chamber next to the appearance of the complaints about the decisions adopted by the District Court, the proceedings on the property to the beneficiary (the person who possessed of real estate, or nosolītāj), if they accepted the District Court until 31 October 2014. The Chamber of civil cases of the Supreme Court's decision that the next complaint, adopted after 1 November 2014 and that the decision of the District Court and lifted to a new trial, transferred to a new examination in district (City) land registry Department of a court at the location of the immovable property. ' The law takes effect on 1 November 2014. The Parliament adopted the law in 2014 on 11 September. The President of the Parliament instead of the President s. Āboltiņ in Riga 2014 October 1