Act No. 115 / 2006 Coll.
Act on Registered Partnership and on the amendment of certain related laws
Valid
Effective from 01.07.2006
Contents
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115
THE LAW
of 26 January 2006
on registered partnership and amending certain related laws
Parliament has decided on this law of the Czech Republic:
REGISTERED PARTNERSHIP
GENERAL PROVISIONS
(1) A registered partnership is a permanent community of two persons of the same sex, created in the manner laid down by this Act (hereinafter referred to as "partnership").
(2) A partner in this law means a person who has entered into a partnership.
NON-EXISTENCE AND INVALIDITY OF PARTNERSHIP
A partnership shall not be created if a declaration has suffered from a material defect, consisting in particular of a lack of free and full speech of will, or if the declaration has been made in error concerning the legal act of establishing a partnership. The partnership shall not be established even if neither of the persons who made the declaration were a citizen at the time or if the partnership was concluded on the basis of false data which some of the persons entering the partnership intentionally indicated in the documents required for the declaration.
(1) If a partnership has been established despite the fact that a legal ban has prevented entry into a partnership, the court will declare the partnership invalid.
(2) A partnership which has been declared invalid is deemed not to have been established.
(1) A motion for the court to declare that the partnership has not been established or is invalid may be made by those who prove their legal interest in the matter.
(2) The court shall decide whether the partnership has not been established or is invalid.
OBLIGATIONS AND RIGHTS OF PARTNERS
(1) Partners have the same obligations and rights in partnership.
(2) Both partners shall act jointly on matters of partnership; If it is not assessed in essential matters, the court shall decide on a proposal from one of them.
(1) The partner is entitled to represent the other partner in his or her current affairs, in particular to receive normal transactions for him, unless otherwise provided in the specific legislation.
(2) The negotiation of one of the partners in the day-to-day affairs of the partnership is committed jointly and severally; This applies to commitments arising during the duration of the partnership, even if the partnership was subsequently declared invalid or expired.
(3) The provisions of paragraphs 1 and 2 shall not apply where another person has been aware that the other partner has explicitly ruled out the effects arising from those paragraphs.
Maintenance obligation between partners
(1) Partners have a mutual maintenance obligation.
(2) If one of the partners fails to fulfil this obligation, the court shall, on the application of one of them, determine its scope, taking into account the care of the common household. The extent of the maintenance obligation shall be such that the material and cultural level of the two partners is substantially equal.
(3) The maintenance obligation between partners precedes the maintenance obligations of children.
Maintenance obligation after the abolition of cohabitation
(1) If the partnership cohabitation has been abolished, an ex-partner who is unable to feed on his own may ask the former partner to contribute to adequate nutrition according to his ability, possibilities and property conditions. If it fails to assess, the court shall decide on maintenance on the application of one of them.
(2) A former partner who did not participate in the permanent division of a joint relationship and who was affected by a serious injury by the termination of a partnership may be declared against the other former partner for a period of up to three years from the termination of the partnership's cohabitation of maintenance to the same extent as the maintenance obligation would have arisen if the coexistence had not been abolished.
(3) The maintenance obligation between former partners precedes the maintenance obligations of children towards parents.
(4) The right of maintenance between former partners expires on
(a) the death of a mandatory partner or his declaration of death; or
(b) where the authorised former partner enters into a marriage or new partnership.
(5) The right to maintenance shall also expire on the date of payment of the lump sum under a written contract between the former partners.
Common provisions for the determination and maturity of maintenance between partners or former partners
(1) When determining maintenance, the court shall take into account the legitimate needs and the ability, possibilities and property ratios of the creditor. In assessing the capacity, possibilities and property ratios of the debtor, the court shall examine whether the debtor has given up his employment or gainful activities or benefits without an important reason, or whether he does not take excessive property risks.
(2) Nutrition may not be granted if it is contrary to good manners.
(3) The allowance shall be granted in regular instalments.
(4) The netting of mutual claims is permitted only by agreement against maintenance claims.
(5) The right to maintenance shall not be barred; However, they may be granted only from the date of the initiation of the legal proceedings. However, the rights to individual returnees shall be limited. The court shall decide only on application to amend or revoke the maintenance decision.
(1) The existence of a partnership is not an obstacle to the exercise of parental responsibility by a partner towards his child or an obstacle to the assignment of his child to his or her upbringing. A parent partner is obliged to ensure the development of the child and to consistently protect his or her interests by using adequate educational means, so as to avoid prejudice to the dignity of the child and to jeopardise his or her health and physical, emotional, rational and moral development.
(3) If one of the partners takes care of the child and both partners live in the same household, the other partner is involved in raising the child; obligations relating to the protection of the development and upbringing of the child shall apply to this partner.
_
The partnership is ending
(a) the death of one of the partners or the death of one of the partners,
(b) revocation by decision of the court.
(1) The partnership ceases to exist on the date of the partner's death. If the partner has been declared dead, the partnership shall cease on the day on which the decision to declare dead has become legal.
(2) If the death declaration was revoked because it was found that the person who was declared dead was alive, his partnership was deemed to have continued continuously; However, if his partner has concluded a new partnership or marriage in the meantime, the former partnership shall not be renewed.
The Court of First Instance shall decide to abolish the partnership on the basis of a proposal from one of the partners, provided that the applicant proves that the partnership is no longer in effect.
If a second partner joins the application for the cancellation of a partnership, the court shall not examine whether the partnership is no longer in effect and shall decide on the termination of the partnership.
Amendment to the Code of Criminal Procedure
Act No. 141 / 1961 Coll., on the Criminal Procedure (Criminal Code), as amended by Act No. 57 / 1965 Coll., Act No. 58 / 1969 Coll., Act No. 149 / 1969 Coll., Act No. 48 / 1973 Coll., Act No. 166 / 1998 Coll., Act No. 43 / 1980 Coll., Act No. 159 / 1989 Coll., Act No. 178 / 1990 Coll., Act No. 150 / 1990 Coll., Act No. 209 / 1997 Coll., Act No. 148 / 1994 Coll., Act No. 25 / 1993 Coll., Act No. 115 / 1993 Coll., Act No. 292 / 1995 Coll., Act No. 152 / 1995 Coll., Act No. 104.
1. In Paragraph 37 (1), the word "partner 'shall be inserted after the word" spouse'.
2. In Article 100 (1), the word "partner" shall be inserted after the word "spouse."
3. In Article 100 (2), the word "partner" shall be inserted after the word "spouse."
4. In Paragraph 163 (1), the word "partner" shall be inserted after the word "spouse."
5. In Paragraph 247 (2), the first sentence after the word "husband 'is replaced by" partner'.
Amendment of the Civil Code
Act No. 1 / 2004, Act No. 1 / 2001, Act No. 2 / 2001, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 5, Act No. 15 / 2001, Act No. 5 / 2001, Act No. 5, Act No. 2000, Act No. 5, Act No. 2000, Act No. 5, Act No. 5, Act No. 5, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No.
1. In Article 80 (a), the words "the revocation, invalidity or absence of registered partners33c) (hereinafter referred to as" the partnership ") shall be inserted after the words" is or is not ";"
footnote 33c reads:
"33c) Act No. 115 / 2006 Coll., on Registered Partnership and on the amendment of certain related laws. '.
2. In Paragraph 96, the words "or the withdrawal of an application for revocation, invalidity or absence of partnership 'shall be added at the end of paragraph 4.
3. In the second sentence of Paragraph 107 (5), the words "the proceedings shall also be suspended if the partner dies before the final termination of the proceedings for revocation, invalidity or absence of partnership 'are inserted after the word" continued'.
4. In Paragraph 131, the words "or in the proceedings for annulment, invalidity or absence of partnership 'shall be added at the end of paragraph 1.
5. In the first sentence of Paragraph 144, the words "or the annulment, invalidity or absence of partnership 'shall be inserted after the words" no'.
6. In Article 204 (3), the words "or to which the annulment, invalidity or absence of partnership has been declared 'shall be inserted after the words" or that it is not'.
7. In Paragraph 222, at the end of paragraph 1, the words "and the judgment which annulled, annulled or absent partnership 'shall be added.
8. In Paragraph 222a, at the end of paragraph 3, the words "or the withdrawal of an application for revocation, invalidity or absence of partnership 'shall be added.
9. In Paragraph 230 (1), the words "and against the judgments which annulled, annulled or absent partnerships' shall be added at the end of point (a).
Amendment to the Act on the extension of maternity leave, maternity benefits and allowances for children from sickness insurance
Act No. 88 / 1968 Coll., on the extension of maternity leave, on maternity benefits and on the allowance for children from sickness insurance, as amended by Act No. 99 / 1972 Coll., Act No. 73 / 1982 Coll., Act No. 57 / 1984 Coll., Act No. 109 / 1984 Coll., Act No. 51 / 1987 Coll., Act No. 103 / 1988 Coll., Act No. 180 / 1990 Coll., Act No. 258 / 1991 Coll., Act No. 242 / 1994 Coll., Act No. 118 / 1995 Coll.
1. In Paragraph 10 (2), the words "or in a registered partner5 'shall be inserted after the words" not living with a species'.
footnote 5:
"5) Act No. 115 / 2006 Coll., on Registered Partnership and on the amendment of certain related laws."
2. In Article 12a (1), the words "or in a registered partner5 'shall be inserted after the words" not living with the cooperative'.
Amendment of the Law on judicial fees
Act No. 549 / 1991 Coll., on judicial fees, as amended by Act No. 271 / 1992 Coll., Act No. 273 / 1994 Coll., Act No. 36 / 1995 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll., Act No. 151 / 1997 Coll., Act No. 209 / 1997 Coll., Act No. 227 / 1997 Coll., Act No. 103 / 2000 Coll., Act No. 155 / 2000 Coll., Act No. 192 / 2003 Coll., Act No. 555 / 2004 Coll., Act No. 628 / 2004 Coll., Act No. 151 / 2002 Coll., Act No. 309 / 2002 Coll., Act No. 192.
1. In Article 2, at the end of paragraph 3, the sentence "The defendant does not also have this obligation in the proceedings for revocation, invalidity or absence of registered partners2) (hereinafter referred to as" the partnership '). "
footnote 2:
"(2) Act No. 115 / 2006 Coll., on Registered Partnership and on the amendment of certain related laws."
2. In Paragraph 10, the following sentence is added at the end of paragraph 6: "If the proceedings for annulment, invalidity or absence of partnership have been terminated or if the application for the initiation of proceedings has been withdrawn at the latest before the decision of the Court of First Instance, the court shall pay the full amount of the fee paid from the court's account. If the application to initiate proceedings for annulment, invalidity or absence of partnership has been withdrawn after a decision has been taken by a court which has not obtained legal authority without appeal, the court shall recover half the fee from the court's account. '
3. In the Annex to Act No 549 / 1991 Coll., Fee box, under item 2 in point 6, after the words "divorce of marriage or ', the words" after the application to initiate proceedings for annulment, invalidity or absence of partnership' are inserted.
Amendment of the State Social Support Act
Act No. 117 / 1995 Coll., on State Social Aid, as amended by Act No. 137 / 1996 Coll., Act No. 132 / 1997 Coll., Act No. 242 / 1997 Coll., Act No. 91 / 1998 Coll., Act No. 158 / 1998 Coll., Act No. 360 / 1999 Coll., Act No. 131 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 155 / 2000 Coll., Act No. 415 / 2004 Coll., Act No. 362 / 2003 Coll., Act No. 424 / 2003 Coll., Act No. 151 / 2002 Coll., Act No. 453 / 2003 Coll., Act No. 320 / 2004 Coll., Act No. 125 / 2003 Coll.
1. in Article 7 (2) (b), the word "partner" shall be inserted after the word "husband."
Footnote 31a reads as follows:
"31a) Act No. 115 / 2006 Coll., on Registered Partnership and on the amendment of certain related laws. '.
2. in Article 7 (2) (c), the word "partner" shall be inserted after the word "spouses."
3. In Article 7 (3), the words "partners living in a registered partnership 'shall be added at the end of point (c).
4. In Article 7, the sentence "A parent living in a registered partner31a shall not be regarded as a single parent at the end of paragraph 8."
Amendment of the Act on the registration of residents and birth numbers
Act No. 133 / 2000 Coll., on the registration of residents and birth numbers and on the amendment of certain laws (Act on the registration of residents), as amended by Act No. 2 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 53 / 2004 Coll. and Act No. 501 / 2004 Coll., is amended as follows:
1. in Article 3 (2) (b):
"(b) the place where the marriage or registered partnership (hereinafter referred to as" partnership ") was concluded, a municipality or a military retreat, in the capital of Prague, the district of Prague 1 to 105b) in whose territory the marriage or partnership of the population took place,"
2. In Article 3 (3) (l), the words "or partnership 'shall be inserted after the words" marriage'.
3. In Article 3 (3) (m), the words "or partner 'shall be inserted after the word" spouse' and the words "or partner 'shall be inserted after the word" spouse'.
4. In Article 3 (4) (l), the words "or partnership 'shall be inserted after the words" marriage'.
5. In Article 3 (4) (m), the words "or partner 'are inserted after the word" spouse' and the words "or partner 'are inserted after the word" spouse'.
6. In Article 6a (a) (4), the words "or partnership 'shall be inserted after the word" spouse'; the words "or partner 'shall be inserted after the word" null' or the date of termination of the partnership ';
7. In Article 6a, at the end of point (b), the dot is replaced by a comma and the following point (c) is added:
"(c) the matrix office before which a partnership is concluded, from the partnership book which it maintains, to the extent that:
1. the date and place of the declaration of entry into the partnership;
2. name and surname and, where applicable, maiden name,
3. birth number or date of birth and place of birth,
4. the birth number of the father and mother or the date of birth,
5. Date of termination of partnership. '.
8. In Article 7, at the end of point (e), the dot is replaced by a semicolon and the following point (f) is added:
"(f) the matrix office before which the partnership is concluded, from the partnership book which it maintains to the extent that:
1. the date and place of the declaration of entry into the partnership;
2. name and surname and, where applicable, maiden name,
3. birth number or date of birth and place of birth,
4. the birth number of the father and mother or the date of birth,
5. Date of termination of partnership. '.
Amendment of the Matrix Act, name and surname
Act No. 301 / 2000 Coll., on Matrices, Name and Surname and on the Amendment of Certain Related Acts, as amended by Act No. 320 / 2002 Coll., Act No. 578 / 2002 Coll., Act No. 165 / 2004 Coll., Act No. 422 / 2004 Coll. is amended as follows:
1. In Article 1 (1), the words "registration of partnerships' shall be inserted after the words" marriage '.
2. In Article 1 (2), at the end of point (b), the word "a 'is deleted and the following point (c) is added:
"(c) the registered partnership matrix for which the registered partnership book is kept; and"
Point (c) shall be renumbered (d).
3. In Article 1 (3), the words "registered partnership 'shall be inserted after the words" marriage'.
4. In Article 1 (4), the words "registered partnership 'shall be inserted after the words" marriage'.
5. in Article 21 (1), the word "partner (8a)" shall be added at the end of the text of point (c);
Footnote 8a reads:
"(8a) Act No. 115 / 2006 Coll., on Registered Partnership and on the amendment of certain related laws. '.
6. at the end of the text in point (e), the word "partner (8a)" shall be added.
7. in Article 33 (1) (e):
"(e) a final judgment on the divorce of a previous marriage, or the death certificate of the deceased spouse, or, where appropriate, an officially certified extract from the registered partnership book, stating that the partner8a) has been annulled by a decision of the court, or the death certificate of the deceased partner8a)."
8. in Paragraph 35 (1), the following point (h) is inserted after point (g):
"(h) an officially certified extract from the registered partnership book of the fact that the partner8a (a) has been abolished by a decision of the court or death certificate of the deceased partner (8a), if it is a stranger living in the partners8a (a),";
Point (h) shall be renumbered as point (i).
9. in Paragraph 46 (2) (f):
"(f) the final judgment on the divorce of a previous marriage, or the death certificate of the deceased spouse, or, where appropriate, an officially certified extract from the registered partnership book, stating that the partner8a) has been annulled by a decision of the court, or the death certificate of the deceased partner8a)."
10. in Article 75 (a), the word "partners8a)" shall be inserted after the word "marriage."
11. at the end of point (a) of Article 76 (1), the words "where appropriate, proof of a closed partners8a)," shall be added;
12. in Article 76 (1), the following point (c) is inserted after point (b):
"(c) if the persons whose partner8a) has ceased to exist, an officially certified extract from the registered partnership book of the fact that the partners8a) has been annulled by a decision of the court or death certificate of the deceased partner8a),";
Points (c) to (f) shall be renumbered (d) to (g).
Amendment of the Trade Act
Act No. 1 / 2004, Act No. 1 / 2004, Act No. 2 / 2004, Act No. 2 / 2004, Act No. 2 / 2004, Act No. 2 / 2004, Act No. 2 / 2004, Act No. 2 / 2004, Act No. 2 / 2004, Act No. 2 / 2004, Act No. 2 / 2004, Act No. 2 / 2004, Act No. 2 / 2004, Act No. 2 / 2004, Act No. 2 / 2004, Act No. 2 / 2004, Act No. 2 / 2004, Act No. 2 / 2004, Act No. 2 / 2004, Act No. 2 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 2, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No 2000, Act No. 5, Act No. 2000, Act No. 5, Act No 2000, Act No. 2, Act No. 5, Act No. 2000, Act No 2000, Act No 2000, Act No 2000, Act No.
1. In Article 11 (1), the words "or its partner (28a) 'shall be inserted after the words" the wife of an entrepreneur'.
Footnote 28a reads:
"28a) Act No. 115 / 2006 Coll., on Registered Partnership and on the amendment of certain related laws. '.
footnote 28a shall be renumbered footnote 28b, including the footnote reference.
2. in Article 13 (1) (b) and (c), the words "or partner 28a" shall be inserted after the word "spouse."
Amendment to the Employment Act
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Regulation Information
| Citation | Act No. 115 / 2006 Coll., on Registered Partnership and on the amendment of certain related laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.04.2006 |
|---|---|
| Effective from | 01.07.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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