Act No. 10 / 1959 Coll.
Law amending and supplementing the Law on judicial fees
Valid
Effective from 01.04.1959
10
Law
of 20 February 1959
amending and supplementing the Law on judicial fees
The National Assembly of the Czechoslovak Republic decided on the following Act:
Act 173 / 1950 Coll., on Judicial Charges, is amended as follows:
1.
"The consequences of non-compliance
(1) If the appellant has not paid the fee in due time (Paragraph 5), the court shall invite him to pay the fee within the prescribed period. If the fee is not paid within that period, the court shall reject the application (s) lodged; This consequence must be noted in the call for payment of the fee. Where the registration in a land or railway book and in a company register, the verification of the copy and the signature and similar acts of the court which do not require decision-making, as well as the judicial or judicial proceedings, are carried out, they shall not be carried out until the fee has been paid.
(2) If the appellant applies for exemption from the fee, the court shall first decide on it; where it rejects it, it shall also set a time limit for payment of the fee and draw attention to the consequences of non-payment of the fee referred to in paragraph 1.
(3) If a person is a taxpayer other than the appellant, or if the fee is for an appeal fee, a complaint, opposition to the termination proceedings and order proceedings, and objections to the exchange and cheque proceedings, and if the fee has not been paid in due time, the court shall enforce it in an executive manner. Before the execution proceedings are initiated, the court shall invite the taxpayer to pay the fee within the prescribed period. '
2. the following sentence shall be added to Paragraph 8 (1):
"In the same period, amounts for which less has been prescribed may be further assessed because the fee has not been correctly charged. '
3.
"(d) sickness insurance, pension insurance (insurance) and healthcare provision."
4. Article 10 (1) (a), (b) and (d) shall read as follows:
"(a) the Czechoslovak State, represented by the executive bodies of the national committees and other bodies of state administration, state institutes and state funds, if the fee exceeds the fee of 50 KCs or, where applicable, in the proceedings of 25 KCs;
(b) workers (apprentices, domestic workers) who are the subject of proceedings in respect of their employment (teaching) ratio, with the exception of claims for compensation for damage caused intentionally or in intoxication or criminal offence or, where appropriate, by offence;
(d) the applicant in the proceedings for damages caused by injury, including claims by the State for reimbursement of medical costs and sickness and pension benefits. "
5.
"Exemption for special reasons
(1) The Ministry of Finance is hereby authorised to grant, for specific reasons, a personal exemption from all or certain charges to groups of persons or a material exemption for certain procedures in an agreement with the Ministry of Justice.
(2) The Ministry of Finance may grant exemptions or allowances to individual persons or may authorise other authorities to do so in agreement with the Ministry of Justice. '
6. The following text is inserted after Section 12:
Correction of the fee wrongly prescribed
The Court of First Instance, at the request of the taxpayer, shall amend the order imposing the charge even if the order has acquired legal authority,
(a) if it has been prescribed by someone who is not obliged to pay a fee under the law and regulations implementing it,
(b) if, in the calculation or regulation of the charge, there has been an error in counting, writing or other error, which is clearly incorrect, in particular by double counting the same charge,
(c) in the cases of Article 13 (1) (b) and (c), if the fee has not been paid. "
7. Article 13 (1) (a) and (c) reads as follows:
"(a) the full fee if the application (s) is rejected without oral proceedings and if the registration in the land or railway book has been cancelled on the complaint;
(c) a proportion of the fee if the registration in the land or railway book changes to the complaint. "
8. Article 13 (2) reads as follows:
"If the taxpayer has paid more than the rate set or if the fee has been paid without being obliged to do so, the excess shall be refunded to his application if he exceeds 5 CZK. However, if the court has amended the order imposing the charge (§ 12a) and if the charge has been paid in whole or in part, the full excess shall be refunded on official responsibility. '
(9) Paragraph 15, which is renumbered paragraph 1, is added to paragraph 2 of the following text:
"The Ministry of Justice may, in agreement with the Ministry of Finance, determine which acts entrusted to the President of the Chamber pursuant to paragraph 1 may be carried out by a Registry. '
This Law shall take effect from 1 April 1959; It shall be implemented by finance and justice ministers in agreement with the participating members of the Government.
Novotný v. r.
Fierlinger v. r.
Broad v. r.
Děuriš v. r.
Dr Skoda v. r.
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Regulation Information
| Citation | Act No. 10 / 1959 Coll., amending and supplementing the Law on Judicial Charges |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.03.1959 |
|---|---|
| Effective from | 01.04.1959 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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