Regulation No 117 / 1951 Coll.
Regulation implementing the Law on State notaries
Valid
Effective from 01.01.1952
117.
Order of the Minister of Justice
of 28 December 1951
implementing the Law on State notaries
The Minister of Justice hereby orders pursuant to Article 33 of Act No. 116 / 1951 Coll., on State notaries:
General provisions.
Time and place.
State notaries (hereinafter "notaries') may act outside their office only if there are serious reasons for doing so, particularly if the nature of the act or the danger of delay so requires.
(1) In order to facilitate contact with workers, notaries may, with the agreement of the President of the District Court, hold regular official days for certain municipalities of their district.
(2) The place where regular official days are held shall be the place where the notaries are situated.
(3) The introduction or cessation of regular official days will be declared notaries on the court record of the district court and in the municipalities involved, as well as on the building intended for the holding of official days.
(4) The costs of holding regular official days shall be borne by the judicial administration.
For serious reasons, notaries may request an act to be carried out or other notaries to continue.
On working days, notarial acts can only be performed in emergencies.
Delivery.
(1) The provisions on the service of documents in civil proceedings shall apply mutatis mutandis.
(2) Postage charges for notaries are paid from the Treasury.
Activities under the authority of the court.
If it is found from the files concerning the succession that there are persons under special protection of the law among the survivors, the notary shall, if necessary under family law, notify the court responsible for the custody of the custody.
In cases where the court must use a round official stamp, the notary shall use the notary seal; notary notices are posted on the county court record.
Activity in its own field of activity.
Notary papers.
(1) The notarial documents (notarial entries, copies of notarial entries, notarial certificates, notarial protests and notarial certificates) must be clearly written. The figures for which the seriousness of this is required must be listed at least once by words; the date of the notarial instrument shall also be written in words.
(2) Nothing in the notarial list shall be deleted or written between the lines. The spaces are filled with lines.
(3) If any words need to be crossed out, they must remain legible. The cuts made, if not simply cuts in the stamp, and changes or additions, shall be marked on the list with a note. If the instrument has already been signed, the note shall be signed by the same person who signed the instrument.
The notary signs the deed at the end for the signatures of other persons and attaches the notarial seal; In addition, it shall be signed on each sheet or individual sheet and on each attached annex.
Minutes of the act and copies thereof.
(1) If the notary does not know the participants, witnesses to an act, confidences or interpreters in person and in the name and surname, his identity must be established by an official card or confirmed by two witnesses of his identity. If the notary does not know the identity of the notary in person and in his name and surname, his identity must be established by an official card.
(2) The notarial record (hereinafter referred to as "registration") shall indicate how the notary identified the persons referred to in paragraph 1.
(1) The notary must add two witnesses to the action,
(a) if the participant is blind,
(b) if the participant cannot read or write.
(2) The notary may add witnesses to the action in other cases, if he considers it appropriate.
Witnesses of an action taken pursuant to Article 12 (1) shall be present at the time of the speech by the party concerned on what is to be entered in the minutes, at the time of the reading of the minutes and the signature by the party in whose interest they have been recruited.
Witnesses of identity and witnesses to an act may not be minors, persons who are unable to give evidence for their physical or mental condition or who do not know or cannot read and write; they may not be persons close to the participants (Section 17 (2) of the Act.), persons involved in the case and persons involved in the notaries in which the minutes are drawn up.
(1) If the participant is deaf or dumb and can read and write, he must read the entry himself and credit it with his own hand that he has read it and that he approves it; if he or she cannot read or write, his or her confidant, who can communicate with him or her, shall, in addition to witnesses to the action, be taken; by means of his notary, establish whether the participant approves the minutes.
(2) A trustee must have the formalities of a qualified witness (Paragraph 14), but may also be close to the participant.
(1) If the participant or a witness does not know the language in which the entry is written, a permanent interpreter shall be added; the interpreter must have the necessary requirements of a competent witness (§ 14).
(2) The addition of the interpreter may be waived if the notary himself is a permanent sworn interpreter.
(1) Participants, witnesses, confidants and interpreters shall be signed in the minutes at the end; However, identity witnesses may already sign for the identity confirmation. If the participants were not present at the same time, this must be explicitly noted in the minutes.
(2) In the cases referred to in Article 3, the signature of a participant and other persons referred to in paragraph 1 to be signed in his or her interest may be affixed before the requested notaries to which the original minutes continue.
If the participant cannot sign, or is unable to sign, the notary shall state this fact in the minutes and confirm by his signature that the participant agrees to the content of the minutes.
The full power and other annexes to the notarial registration may be attached in the original or certified copy; If a participant so requests, these Annexes shall be read together with the entry.
Copies and complete or partial copies may be issued from notarial entries.
(1) The same copy shall be indicated in the title by the words "copy of the notarial entry"; it contains the verbatim text of the minutes, stating all its signatures, and confirming that the copy conforms to the entry and indicating to whom and when it was issued.
(2) The text of the annexes to the minutes need not be included in the copy; However, this shall be indicated in the certificate.
(1) Where corrections, amendments or additions have been made to the minutes (Section 9 (3)), a copy of the registration may be issued directly in the corrected, amended or supplemented version.
(2) If the entry has been corrected, amended or supplemented by a later entry, a common copy of the two entries or a copy of the original entry may be issued in the corrected, amended or supplemented version; the uniform issued shall indicate which of the two methods it has become.
Minutes of findings of certain facts and notarial certificates issued thereof.
(1) Unless otherwise specified, the provisions of Sections 11 to 19 shall apply mutatis mutandis to the minutes of the findings of certain facts.
(2) Notary certificates (hereinafter referred to as "certificates') shall be issued on the record of the findings of certain facts and, if the nature of the case does not preclude it, complete or partial copies, simple or certified.
(3) The certificate is indicated in the title by the words "notarial certificate." Unless otherwise specified, the verbatim version of the minutes shall also contain a statement that the certificate conforms to the registration and an indication to whom and when it was issued; However, the date, signature of the notary and the seal of the notary always contains. The text of the Annexes to the minutes need not be included in the certificate; However, this shall be indicated in the certificate.
(1) If it is to be certified that someone has signed the document by hand or that the signature previously made has been recognised as having his own, the title of the document must appear on the record and its concise content must be indicated.
(2) The certificate of such registration shall be drawn up by the notary as a clause on the instrument on which the signature is affixed or on a sheet firmly attached thereto. The endorsement shall contain a certificate of authenticity of the signature of the applicant, his name and surname, employment, residence (place of work) and an indication of whether the notary is known or whether and how he has established his identity.
Paragraph 24 shall apply mutatis mutandis to entries and certificates that the signature of a person who cannot or cannot write has been replaced on the list by the confirmation of his consent by two witnesses.
If it is to be proven that someone is alive or in a certain place, the record shall state when, where and how the notary found it.
(1) Where it is to be certified that the instrument has been submitted and at which time, it must be stated in the register whether the instrument has been presented to the notary in the original or certified copy, the time and place of presentation and the indication of the instrument and its concise content.
(2) The certificate of such registration shall be drawn up by the notary as a clause on the document submitted or on the sheet attached thereto. The document shall contain the particulars referred to in paragraph 1, with the exception of the indication and the concise content of the document; who has submitted the document and how its identity has been established shall be indicated only on request.
(1) If it is to be certified that a declaration has been sent and that it has a specific content, the contents of the declaration must be indicated in the minutes. If requested by letter or telegraph, the notary shall state this fact in the minutes and attach a letter or telegram replacing the applicant's signature; the record shall indicate whether and how the notary identified the applicant.
(2) The notary sends a copy to the addressee in his own hands; the time and method of dispatch shall be indicated in the original entry and shall be accompanied by a certificate of dispatch.
(1) Where it is to be certified that a declaration has been made and that it has a specific content, the provisions of Paragraph 28 (1) of the minutes shall apply mutatis mutandis.
(2) The notary shall communicate the content of the declaration to the addressee at the place indicated by the applicant and shall issue a copy to the addressee upon request. In doing so, it may, if requested, carry out related legal acts. The identity of the addressee shall be established only if possible.
(3) The notary shall then record in the original record the course of the operations referred to in paragraph 2. At the request of the addressee, he shall enter his reply and invite him to sign.
(4) If it was not possible for the notary to communicate a statement to the addressee for any reason, an obstacle to the registration shall be indicated.
If the course and outcome of the meeting are to be certified, the minutes shall state where and when the meeting took place, the resolutions adopted, the speeches and other events relevant to the assessment of the course of the meeting. The identity of the persons present at the meeting will be found by the notary only if requested.
If the facts which have occurred in the presence of a notary or which he himself has found are to be certified, the facts in the record must be described precisely with an indication of the place, time and method of detection. Where such a certificate has been requested by letter or by telegraphic means, the notary shall state that fact in the minutes and attach a letter or telegram replacing the signature of the applicant; the record shall indicate whether and how the notary identified the applicant.
(1) If it is to be proved that the notary has heard someone, the record shall state how the identity of the interrogator has been established, the questions put to him and his statement. The interrogator asks to sign the minutes.
(2) If he asks for an interview, it shall be stated in the minutes that the witness was given the text of the oath before the hearing and that the person questioned repeated it before the hearing. The oath is, "I swear by my honor that I will tell the full and pure truth about everything I am asked about, and I will say nothing." Where an interview is requested with a subsequent oath, the wording of the oath shall be amended accordingly.
The safekeeping.
(1) The entries are kept in the notaries in which they were written.
(2) The registration may be issued only if all the participants or applicants so request, certify the legal interest in its issue and determine to whom it is to be issued; otherwise the notary may only lend the minutes to the court or prosecutor.
Specifications, certificates and copies of entries.
(1) Unless otherwise provided in the minutes, copies of the registrations may be issued only to participants or their successors in title, including again. They may be issued to other persons only when all the participants have agreed to this in the original or in particular on the written record.
(2) The provisions of paragraph 1 shall, where the nature of the case so permits, be applied mutatis mutandis to the certificate.
(3) All or part of the copies, simple or certified, may be issued from the minutes to those who certify the legal interest.
Notary confirmation.
(1) Confirmation that the copy or photocopies correspond to the document submitted shall be issued by the notary in the form of a copy endorsement (photocopy) or on a sheet attached to it. The clause shall state:
1. that the copy (photocopy) fully agrees with the document submitted,
2. whether the instrument with which conformity is confirmed is the original or certified copy, whether and how it is rounded and how many sheets or sheets it consists of,
3. whether there are defects, changes, supplements, inserts or cuts in the list submitted that could weaken its credibility;
4. whether any non-conformities with the document submitted have been corrected on the copy (photocopy),
5. whether it is a complete or partial copy (photocopy) of the document,
6th place and day of confirmation.
(2) Similarly, a confirmation that several originals agree with each other shall be followed; the endorsement shall be affixed to each of the originals submitted.
Final provisions.
(1) Orders given by the court to notaries pursuant to existing rules for the execution of certain proceedings or individual acts, if they have not been carried out before 1 January 1952, shall be converted into mandates pursuant to Article 6, to the extent provided for in that provision.
(2) The authorisation referred to in paragraph 1 shall be completed by a notary who shall take the place of the notary who has been ordered.
This Regulation shall enter into force on 1 January 1952.
Zaporocký v. r.
Dr Rais v. r.
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Regulation Information
| Citation | Regulation No. 117 / 1951 Coll., implementing the Law on State notaries |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.12.1951 |
|---|---|
| Effective from | 01.01.1952 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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