Act No. 119 / 2001 Coll.
Law laying down rules on cases of parallel performance of decisions
Valid
Law
Effective from 01.05.2001
119
THE LAW
of 22 February 2001
laying down rules for cases of parallel performance of decisions
Parliament has decided on this law of the Czech Republic:
Subject matter
This law provides for the procedure of courts, courts, tax authorities and public authorities in the execution of execution proceedings where the execution procedures ordered by the court, tax authority or public administration or initiated by the court executive are simultaneously affected by the same matters, rights or other assets.
Definition of terms
For the purposes of this Act:
(a) execution of a judgment ordered and implemented by a court under a special legislature1), execution by a judicial executor under a special legislature1a), tax execution ordered and implemented by a tax administrator under a special legislature2) and execution ordered and executed by an administrative authority under a special legislature3);
(b) the creditor whose claim is enforced by execution;
(c) to the debtor against whom enforcement is ordered and carried out;
(d) by the tax administrator, the person who orders and executes the execution under the tax rules;
(e) by order of execution, the decision by which the court ordered the enforcement of the judgment, the notification of the initiation of the execution, the issue of the enforcement order by the tax administrator or the administrative authority.
Reductions on wages and other income
(1) In execution simultaneously affecting the wage entitlement, the claims authorised in their order shall be satisfied.
(2) The order of the claims is governed by the date on which a court order on the regulation of the enforcement of decisions by wage reductions was served, by the execution order of the court executor on the implementation of the wage deduction, by the executive order of the tax administrator on the implementation of the wage deduction or by the order for the execution of salary reductions issued by the public administration. If, on the same day, the wage payers received decisions for several claims, these claims shall be in the same order; If they are not satisfied, they shall be satisfied.
(1) If the payer so requests, entitled or compulsory, the court shall, by order, decide what amount is to be deducted from the salary in the relevant payment period and how much of it shall be due on each claim recovered.
(2) If it has not been decided in accordance with paragraph 1, the salary payer may send an amount withheld from the compulsory court's salary, which shall lay it down among the individual beneficiaries and make the payment itself. The salary payer shall be obliged to send the amount of the balance to the court if, at the request of one of the authorised persons, the court so decides, which shall then make the payment itself.
(1) Where several wage payers are obliged to make deductions, the court, acting on a proposal from the salary payer, shall decide by a reasoned or compulsory order what part of the basic amount is not to be deducted by the wage payer. If the income of the debtor does not amount to a payer's salary or a fixed part of the basic amount, the wage payer shall notify the court; The court then redecides, by a resolution, which part of the basic amount is to be deducted by the payer.
(2) If there are a number of wage payers at the same time, they will send a reduction to the court. The Court of First Instance shall examine whether the total amount withheld does not exceed all the eligible claims. If they do not exceed them, they shall pay to the individual beneficiaries the part of the amount withheld. If they are exceeded, the court shall pay the sums withheld to the creditor as much as they claim and shall repay the remainder to the debtor.
The General Court shall have jurisdiction over the proceedings and decisions referred to in paragraphs 4 and 5.
If the wage of the debtor is simultaneously affected by at least four executions, paragraphs 4 to 7 of Section 279 of the Civil Code shall apply mutatis mutandis.
(1) The provisions of paragraphs 3 to 6a shall also apply to executions which simultaneously affect another compulsory income, if it is income subject to wage reductions. 4)
(2) If, in addition to the right to pay, the debtor is also entitled to another income referred to in paragraph 1, it shall be treated as if it were several wages.
Committal of the claim
(1) In the case of execution simultaneously affecting the debtor's claim on an account with a bank, a branch of a foreign bank or a savings and credit cooperative (hereinafter referred to as the "monetary institution '), the claims authorised in accordance with the order of § 304b (2) first sentence, § 304b (5) second sentence, § 304c (1) fifth sentence, § 304c (1) last sentence, § 304d (4), § 307 (3) third sentence and § 309 (3) civil order shall apply mutatis mutandis.
(2) The order of claims shall be governed by the date on which the Order of the Court of First Instance on the enforcement of a judgment was served by ordering a claim from an account with a money institution, an execution order from the court executor, an execution order from the tax administrator or an order from the competent public authority. If, on the same day, decisions for several claims have been served on the Institute, these claims shall be in the same order; If they are not satisfied with their full satisfaction, they shall be paid in proportion.
(1) The cash institution may forward the amount covered by the execution regulations simultaneously affecting the debtor's claim to the court which shall place it among the individual beneficiaries and make the payment itself. The cash institution shall send this amount to the court if it is ordered by the court at the request of one of the beneficiaries.
(2) The general court responsible for the proceedings and decisions referred to in paragraph 1 shall be the competent court.
The provisions of paragraphs 8 and 9 shall apply mutatis mutandis to executions in parallel affecting other cash claims of the debtor or his other property rights.
Sales of movable goods
(1) If the execution is affected simultaneously by the same movable item of the debtor, the execution shall be carried out in which it was first drawn up; proceedings in other execution proceedings shall be suspended on the date of the legal authority of that case.
(2) The execution proceedings interrupted in accordance with paragraph 1 may be continued only if the execution in which the case was previously written has not been sold before its final termination, or otherwise used to satisfy the creditor, or if it has been excluded from the execution before its final termination and if the recovery claim has not yet expired. Of the multiple executions interrupted in accordance with paragraph 1, the one in which the case was written earlier shall be continued.
(3) If the same movable matter has been drawn up in several executions on the same day, the general court shall decide which of these executions shall be carried out.
(1) Authorised by the execution in which the procedure provided for in Article 11 has been suspended, the creditor may, with his claim, proceed to the execution as another creditor. In such execution, it shall have the right to satisfy its claim before other creditors of the debtor, provided that the claim has been secured by a retention right to sell the case; otherwise the satisfaction of his claim shall be effected in order of order.
(2) The order of the further creditor's claim which has been secured by a lien or a hedge transfer of the right to sell shall be governed by the date on which those rights are acquired. otherwise it shall be governed by the date on which the case was drawn up for the benefit of the claim. If the case was drawn up on the same day in favour of several claims, these claims shall be in the same order; If the proceeds of the sale are not sufficient to satisfy them fully, these claims shall be satisfied on a pro rata basis.
Paragraph 11 and 12 shall also apply to cash and non-sales. 5)
Sales of real estate
(1) If the execution of the same property is affected simultaneously by the compulsory, the execution which was first ordered shall be carried out; proceedings in other execution proceedings shall be suspended on the date of the legal authority of that case.
(2) The order of execution referred to in paragraph 1 shall be as follows:
(a) the order by which the court ordered the enforcement of the judgment by selling real estate has been served;
(b) the execution order issued by the court executor has been served;
(c) the enforcement order issued by the tax administrator has been delivered.
(3) The execution proceedings interrupted in accordance with paragraph 1 may be continued only if they have not been sold in the previously ordered execution until the final termination of the property and if the recovery claim has not yet expired. Of the multiple executions interrupted in accordance with paragraph 1, the one previously ordered shall be continued.
(4) Where more than one execution has been ordered in respect of the same property on the same day, the general court of the debtor shall decide which of those executions shall be carried out.
(5) The effects of other enforcement regulations and execution orders to the extent that they relate to the auctioned property shall cease to exist, unless a decision establishing a lien is taken where:
(a) the order on the case or the order on the charge has acquired legal authority; and
(b) the auctioneer has paid the highest filing or paid the amount of the highest price;
to the day of reality that occurred later.
(1) Authorised by the execution in which the procedure laid down in Paragraph 14 has been suspended, the creditor may enter his claim into the execution to be satisfied by the split-up at the latest until the start of the auction negotiations. The group and the order of the claim in the execution in which the procedure under Paragraph 14 has been suspended shall be retained in the execution of the order of division.
(2) In the schedule, the executive body shall satisfy the expenditure effectively incurred by another body which has affected the same property by the execution interrupted pursuant to Paragraph 14. The final expenditure referred to in the first sentence shall be met in the same group in which the claim of the creditor in the suspended execution is satisfied and may only be met if the creditor is satisfied.
(1) If, despite a request from the holder of the execution, the authority which has carried out the execution has not acted unreasonably for more than 3 months for the purpose of auctioning the property, the holder of the execution may request that the execution of the execution which he has proposed is carried out.
(2) The order referred to in paragraph 1 shall be issued by the court in whose territory the property is situated. The parties to the proceedings shall be the appellant and the parties to the execution which is carried out. The authority whose execution is carried out and the authority to continue implementation shall also have the right to appeal. The court shall deliver the order to those authorities in its own hands. The powers of the resolution referred to in paragraph 1 shall be suspended by the initial execution.
(3) The authority which executes the execution may, after the invitation referred to in paragraph 1, suspend such execution. The decision shall be delivered to the authorised person who made the request and to the authority which carried out the execution interrupted pursuant to Article 14 (1), which was ordered on the application of the latter. Following the legal power of the decision to suspend execution under the first sentence, the execution of the execution shall be continued by the authority which led the execution interrupted under Paragraph 14 (1), which was ordered on the basis of a proposal from the creditor who made the call.
(4) Where the enforcement authority has decided to suspend such execution pursuant to paragraph 3, the first sentence of the first sentence of paragraph 3, following the submission of an application authorised by the execution suspended pursuant to paragraph 14 (1), for the execution of the execution which it has proposed, the court referred to in paragraph 2 shall terminate the proceedings.
Property management
(1) Paragraph 14 applies mutatis mutandis to the execution of the property in parallel to the same property.
(2) Authorised in the execution in which the proceedings have been suspended, the status of further authorised in the execution shall, if they so request, be that on the date on which such a proposal is received.
Company sales
(1) As from the date referred to in Article 16a (2), the execution already ordered and affecting cases, rights and other assets belonging to the undertaking shall be suspended. Authorisations of such executions shall, as creditors, have the right to be satisfied by the nature of the division without having to apply for the claim; This applies even if the debt recovered is not part of the undertaking.
(2) The execution of cases, rights and other assets belonging to an undertaking ordered after the date referred to in Article 16a (2) may not be carried out until the end of the proceedings before the court or the court executor. The possibility of applying for a claim under a special law is without prejudice to the possibility of authorising such execution. 6)
(3) If an execution involving cases, rights and other assets belonging to the undertaking was carried out before the execution practitioner became aware of the execution order through the sale of the undertaking, the effects of the execution are maintained.
(4) Where the claim of the beneficiaries referred to in paragraphs 1 and 2 has not been satisfied in the course of the distribution of the substance obtained by the sale of the undertaking, it shall be resumed after final execution of the decision (execution) by the sale of the undertaking in the proceedings; where the undertaking has been auctioned off and is a claim belonging to the undertaking, it shall take the place of the debtor.
(1) If the execution is affected simultaneously by the same undertaking of the debtor, the execution which was first ordered shall be carried out; proceedings in other execution proceedings shall be suspended on the date of the legal authority of that case.
(2) The order of the execution order referred to in paragraph 1 shall be governed by the date on which the competent registry court or authority keeps another register in which it is required to register:
(a) the order by which the court ordered the execution of the decision by sale of the undertaking has been served;
(b) the execution order issued by the court executor has been served; or
(c) the enforcement order issued by the tax administrator has been delivered.
(3) The execution proceedings interrupted in accordance with paragraph 1 may be continued only if the previously ordered execution has not been sold by the firm before its final termination and if the recovery claim has not yet expired. Of the multiple executions interrupted in accordance with paragraph 1, the one previously ordered shall be continued.
(4) Where more than one execution has been ordered in respect of the same undertaking on the same day, the general court shall decide which of those execution shall be carried out.
(5) Paragraph 15 applies mutatis mutandis to the execution of an undertaking by sale.
Common and final provisions
(1) The parties to proceedings under this law are authorised from all executions which are simultaneously affected by the same matters, rights or other property values of the debtor and the debtor.
(2) Where the rights and obligations of the payee of a compulsory, monetary institution or other debtor are involved, those persons shall also be parties to the proceedings.
If the execution procedure has been suspended under this law, the parties shall inform them thereof and shall be informed of their rights by the authority which executes the execution.
During the suspension of the procedure under this law, the execution operations shall not be carried out and the time limits shall not run. If the proceedings continue, the time limits shall start running again.
Save as otherwise provided in this law, the execution of the execution procedures which are simultaneously affected by the same items, rights or other property values of the debtor shall be carried out in accordance with the legislation governing their regulation.
The provisions of the Civil Code shall apply mutatis mutandis to proceedings and decisions under this law.
According to the Act, those executions that were ordered before the date of entry into force of the Act are also to be followed. The effects of acts carried out before the law is effective remain.
This Act shall take effect on 1 May 2001.
Klaus v. r.
Havel v. r.
Zeman v. r.
1) Act No. 99 / 1963 Coll., Civil Code, as amended.
1a) Act No. 120 / 2001 Coll., on Judicial Executives and Enforcement Activities (Enforcement Regulations) and amending other laws, as amended.
2) Act No. 337 / 1992 Coll., on the Administration of Taxes and Fees, as amended.
3) Act No. 500 / 2004 Coll., Administrative Regulation, as amended by Act No. 413 / 2005 Coll.
4) Paragraph 299 of the Civil Code.
5) Sections 333, 334 and 334a of the Civil Code.
6) § 338s of the Civil Code.
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Regulation Information
| Citation | Act No. 119 / 2001 Coll., laying down rules on cases of parallel performance of decisions |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.04.2001 |
|---|---|
| Effective from | 01.05.2001 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Civil law
Civil law of procedure
The regulation text is for informational purposes only.
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