What is Act No. 120 / 2001 Coll.?

Act No. 120 / 2001 Coll., on Judicial Executives and Enforcement Activities (Enforcement Order) and on the Amendment of Other Laws — Law on judicial executors and enforcement activities (Enforcement Regulations) and on the amendment of other laws.

When it became Act No. 120 / 2001 Coll. effectiveness?

Act No. 120 / 2001 Coll. became effective 01.05.2001.

Is Act No. 120 / 2001 Coll. still valid?

Yes, Act No. 120 / 2001 Coll. is still valid and effective.

How many times was it Act No. 120 / 2001 Coll. amended?

Act No. 120 / 2001 Coll. has 56 time versions of the text.

Act No. 120 / 2001 Coll.

Law on judicial executors and enforcement activities (Enforcement Regulations) and on the amendment of other laws

Valid Law Effective from 01.05.2001

Text versions: 01.10.2026 01.01.2026 15.02.2025 01.01.2025 21.12.2024 All versions (55)

ČÁST PRVNÍ HLAVA I § 1 § 2 § 3 § 4 § 5 § 6 § 7 § 7a § 7b § 8 § 8a § 8b § 8c § 8d HLAVA II Díl 1 § 9 § 10 § 11 § 12 § 13 § 14 § 15 Díl 2 § 16 § 17 § 18 Díl 3 § 19 § 20 § 21 § 22 § 23 § 24 § 25 § 26 § 27 HLAVA III Díl 1 § 28 § 29 § 30 § 31 § 32 § 33 § 33a § 33b § 33c § 33d § 33e § 33f § 34 Díl 2 § 35 § 35a § 35b § 36 § 37 § 38 § 39 § 40 § 41 § 42 § 43 § 43a § 44 § 44a § 44b § 44c § 45 § 46 § 47 § 48 § 49 § 50 § 51 § 52 § 53 § 54 § 55 § 55a § 55b § 55c § 56 § 56a § 56b § 57 HLAVA IV § 58 § 59 § 59a Díl 2 § 63 § 64 Díl 3 § 65a Díl 4 § 66 § 67 § 68 Díl 5 § 70 Díl 6 § 71a Díl 7 § 72 HLAVA V § 73a HLAVA VI Díl 1 § 74 § 75 § 76 § 76a § 76b § 76c § 76d § 76e § 76f § 76g Díl 2 § 77 § 79 § 86 HLAVA VII § 87 § 88 § 89 § 89a HLAVA VIII § 90 § 91 § 91a § 92 HLAVA IX Díl 1 § 93 § 94 § 95 § 96 § 96a § 97 § 98 § 99 § 100 § 101 Díl 2 § 102 § 103 Díl 3 § 105 § 106 § 107 § 108 HLAVA X § 109 § 110 § 111 § 112 § 113 § 113a § 114 § 115 § 115a § 115b HLAVA XI § 116 § 117 § 117a § 117b § 118 § 119 § 120 § 120a § 121 § 122 § 123 HLAVA XII § 124 HLAVA XIII § 124a § 124b § 124c § 124d HLAVA XIV § 125 § 125a HLAVA XV § 126 § 127 § 128 § 129 § 130 § 131 § 132 ČÁST PÁTÁ § 136 ČÁST SEDMÁ § 138 ČÁST OSMÁ § 139 ČÁST DVANÁCTÁ § 143 ČÁST TŘINÁCTÁ § 144 ČÁST ČTRNÁCTÁ § 145 ČÁST PATNÁCTÁ § 146 ČÁST DEVATENÁCTÁ § 150 ČÁST DVACÁTÁ § 151

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120

THE LAW

of 28 February 2001

on judicial executors and enforcement activities (execution order) and amending other laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

EXECUTIVE RULES

HLAVA I

BASIC PROVISIONS

§ 1

(1) The court executor (hereinafter referred to as "the executor") is a natural person meeting the requirements of this Act, which has been entrusted by the State to the executive agency.

(2) In the framework of the mandate of the Executive Board, the Executive Director shall carry out the forced execution of the Enforcement Titles, including the establishment of an Executive lien (hereinafter referred to as "the Enforcement Activity ') and other activities under this Act.

§ 2

(1) The executor operates independently. In the execution of the execution activity he is bound only by the Constitution of the Czech Republic, by laws, other laws and decisions of the court given in enforcement proceedings and enforcement proceedings.

(2) The executor is obliged to exercise his or her profession conscientiously and in his or her pursuit and in civil life to refrain from anything that might undermine the dignity of the executive profession or threaten confidence in the independent, impartial and fair exercise of the execution activity.

§ 3

(1) The executor carries out execution and other activities against payment.

(2) The activity of the executor is incompatible with other gainful activities except the management of own property. However, the executor may, in return, carry out scientific, publication, teaching, interpretation, expertise, art and activity in the advisory bodies of the government, ministries, other central government bodies and in the authorities of the self-government.

§ 4

(1) The designation "court executor" or "executor's office," of which the forms of words derived therefrom, or the designation which is capable of causing confusion with those markings, is not entitled to use those who do not perform compulsory execution of execution titles by law.

(2) Those who do not perform, by virtue of the law, the forced execution of enforceable titles are not entitled to refer to their activity as "enforcement," "execution," or "execution," the forms of words derived from them, nor are they capable of causing a risk of confusion with those markings.

§ 5

(1) The executive may employ staff.

(2) On the basis of a written mandate given by the executor, its staff may carry out the execution activities and other activities under the conditions and to the extent laid down by this law.

(3) The employment relationship of the executive staff is subject to specific legislation.

§ 6

The body of the self-administration of the executors is the Executive Chamber of the Czech Republic ("the Chamber ').

§ 7

(1) State control over the execution activity, the activity of the executor under § 74 (1) (c) and § 76a, the management of the special account under § 46 (5) and § 75 (2) and the management of the funds in the special account shall be carried out by the Ministry of Justice ("Ministry"). The Ministry shall carry out state supervision on its own initiative or on the basis of written initiatives by legal or natural persons.

(2) In the exercise of State supervision, the Ministry examines the lawfulness of the court executor procedure, compliance with the office rules and the continuity and duration of the execution procedure.

(3) The Ministry is entitled to exercise state supervision

(a) carry out regular checks on the executive offices;

(b) consult, extract and copy the files, documents and records of the executor;

(c) require, within a time limit to be specified, the Executive Director's written observations on the matter subject to national supervision;

(d) require an oral explanation by the executor or, where appropriate, his staff on a matter which is subject to national supervision, if the written observations referred to in (c) are not necessary or insufficient;

(e) enter the premises of the Executive Office;

(f) to inspect the documents and information systems of the executor containing the details of the management of the special account in accordance with Article 46 (5) or Article 75 (2) or of the management of funds in the special account, and to obtain extracts and copies thereof.

(4) The Executive Director is obliged to provide the Ministry with the required synergies in the exercise of State supervision by:

(a) send copies of the required documents, a copy of the file or the particulars referred to in paragraph 3 (f), or, where appropriate, for the period of time necessary, within the time limit set by the Ministry;

(b) provide the written observations referred to in paragraph 3 (c);

(5) The Chamber shall supervise the activity of the executor, the management of the activity of the Executive Board and compliance with the obligations laid down by the Executive Director by the Law on certain measures against the legalisation of proceeds from crime and terrorist financing. Paragraphs 3 and 4 shall apply mutatis mutandis to the exercise of supervision.

(6) State supervision of the execution activity and of the activity referred to in Article 74 (1) (c) shall also be exercised by the President of the District Court to whose district the executor is appointed. If national supervision is involved in a particular case, it is also the President of the court responsible pursuant to § 45 ("the execution court '). Paragraphs 2 to 4 shall apply mutatis mutandis to the exercise of State supervision by the President of the District Court. The President of the District Court shall exercise state control on the basis of written initiatives by legal or natural persons. The President of the District Court may delegate state supervision to the Vice-President of the Court. The President of the District Court may delegate individual acts in the exercise of State supervision to a senior judicial officer.

§ 7a

(1) Minor shortcomings in the execution and other activities of the executor, minor deficiencies in the activity of the executive candidate (the candidate) or the executive associate (the associate), or minor failures in the conduct of the Ministry, Chamber or the chairman of the district court, shall be expressed in writing by the executor, candidate or associate.

(2) If it is not demonstrated that the executor has carried out all the measures which can be reasonably required of him in the proceedings of the Executive Board pursuant to Paragraph 13 (1), the Ministry, Chamber or the President of the District Court of the Executive and the minor shortcomings in the conduct of its staff shall be criticised.

§ 7b

(1) He who has deposited a complaint with the executor shall also deliver it to the other authorities which are entitled to deposit the complaint with the executor.

(2) The Executive Director may object to the appeal within 30 days of its notification under the Law on the proceedings in the cases of judges, prosecutors and court executors.

(3) The Ministry and the President of the District Court may also submit objections to the complaint in favour of and against the executor if the complaint is served on them. The period referred to in paragraph 2 shall be calculated from the receipt of a complaint to the Ministry or to the President of the District Court.

(4) An action against a complaint imposed on the executor is not admissible.

§ 8

Minister of Justice ("Minister ')

(a) recall and, on a proposal from the Chamber, appoint executors;

(b) after consulting the Chamber, determine the number of executive offices in the district of each district court and establish and abolish the executive offices; only an executive office which has not been occupied or released may be cancelled,

(c) may decide to replace the head office of the executors appointed to the perimeter of the different district courts, on a proposal from the Chamber and with the agreement of those executors; the replacement of the head office of the executors is without prejudice to the delegation pursuant to § 43a;

(d) appoint one-third of the members of the Examination Committee and two-thirds of the members of the Panel of Appeal from among judges;

(e) declare a selection procedure under the conditions laid down in Article 10 (6) and (7) and submit an application to the members of the selection committee pursuant to Article 115a (1).

§ 8a

(1) The Chamber is obliged to submit to the Ministry within 30 days all the state regulations adopted by its institutions. This is without prejudice to Paragraph 110 (8).

(2) If the Minister considers that the State Code of the Chamber is contrary to the law, he is entitled to submit an application for review by the Court within two months of its adoption.

§ 8b

The Chamber shall immediately send the Ministry a copy of the Act of the Chamber and the related documents.

§ 8c

(1) If the resolution, decision or other measure of the Chamber is contrary to a law or other law and is not subject to a state regulation, the Ministry may repeal such act of the Chamber. Decomposition has no suspensive effect.

(2) Paragraph 1 shall not apply to infringements of civil, commercial, family or labour law. Furthermore, the provisions of paragraph 1 shall not apply to decisions and other acts of the Chamber taken under the administrative rules or under the Law on the Administration of Taxes and Duties.

§ 8d

(1) If the Chamber repeatedly seriously violates the obligation laid down by law, the Minister may decide on the compulsory administration of the Chamber. No degradation may be brought against the compulsory management decision. The first act in the insolvency proceedings may be the adoption of a decision on compulsory administration by the Chamber. The Minister may amend the decision on the compulsory administration of the Chamber.

(2) The date on which the decision on the compulsory administration of the Chamber becomes final shall, to the extent provided for in that decision, be suspended from the office of the Chamber's authorities, except for bringing an action before the courts against that decision. Decision-making of cases falling within the competence of the Comoros authorities shall, at this time, proceed to the Ministry in so far as the performance of their duties has been suspended. The Ministry shall act on behalf of the Chamber on these matters to the extent specified in the decision on compulsory administration of the Chamber.

(3) If the function of the Chamber's authorities has not been suspended or to the extent that it has not been suspended, those authorities may decide on matters within their competence only with the consent of the Ministry, otherwise such a decision shall be void. In cases where the Ministry does not act on behalf of the Chamber on the outside, the Chamber may act only with the agreement of the Ministry, otherwise such legal acts shall be void. The first and second sentences shall not apply to the bringing of an action before a court against a decision to impose forced administration of the Chamber.

(4) The costs of the compulsory administration are borne by the Ministry.

(5) The compulsory administration ends with the delivery of the Minister's decision on its termination, no later than 3 years after its introduction. At the next meeting of the Assembly, the Ministry shall report on the performance of the compulsory administration and on the state of the Chamber's management and assets.

HLAVA II

EXECUTOR

Díl 1

Executioner and Executive Office

§ 9

(1) A citizen of the Czech Republic may be appointed as Executive

(a) is fully competent;

b) obtained a university degree in law

1. in the Master's study programme law and legal science by studying at a university in the Czech Republic28); or

2. study at a university abroad, where such education is recognised as equivalent in the Czech Republic as referred to in point 1 on the basis of an international contract which the Czech Republic is bound by, or where such education has been recognised under special legislation 29), and at the same time, such education corresponds to the content and scope of general education which can be obtained in the Master's study programme law and legal science in the field of law at a university in the Czech Republic,

(d) have carried out at least three years of executive practice; and

(e) have passed the executive exam.

(2) Executive practice means the practice of an executive, candidate and associate under this law. The Ministry shall take full account of the practice of a judge, a judge of the Constitutional Court, an assistant judge, a prosecutor, a lawyer, a notary, a commercial lawyer, a prosecutor, an assistant prosecutor, a judicial candidate, a legal candidate, a legal examiner, a barrister, a notarial associate, a notarial candidate, a legal candidate, a public prosecutor and a lawyer with a commercial lawyer; other legal practice may include a maximum of 2 years.

(3) An executive examination is understood as an executive expert examination under this law. The Ministry shall recognise the professional judicial examination, the judicial examination, the uniform judicial and legal examination, the prosecutor's examination, the bar exam, the notarial examination, the commercial lawyer's examination and the final examination of the legal examiner for the executive examination under this Act.

§ 10

(1) The Chamber shall issue a selection procedure no later than 1 month after the release of the Executive Office or, if the establishment of a new Executive Office, within 1 month after the establishment of the Executive Office has been notified by the Ministry of the Chamber. The Chamber may issue a selection procedure even if the Executive Board is not occupied for another reason.

(2) The Chamber shall issue a repeated selection procedure within 6 months of the release of the Executive Office or within 6 months of the notification of the establishment of the Executive Office or, where appropriate, of the publication of the selection procedure referred to in the second sentence of paragraph 1, but first after the completion of the selection procedure referred to in paragraph 3 (b).

(3) The selection procedure referred to in paragraphs 1 and 2 is closed

(a) by issuing a decision by the Chamber's presidium on which candidate has placed himself first in the selection procedure or who have succeeded in fulfilling the conditions for his appointment;

(b) by giving a decision by the Chamber's presidium that no tenderer has succeeded in the selection procedure on the ground that he did not fulfil the conditions for his appointment;

(d) the exclusion of applications from the selection procedure for all participants applied for.

(4) The application for the appointment of an executive shall be submitted to the Minister of Comoros on the basis of a selection procedure within 1 month of the end of the selection procedure referred to in paragraph 3 (a). The Minister shall appoint an executor to the Executive Board on a proposal from the Chamber within 1 month of receipt of the application for the appointment of an executor to the District Court. The decision referred to in paragraph 3 (a) or (b) or information on the facts referred to in paragraph 3 (b). (c) or (d) the Chamber shall send the Ministry within 1 month of the end of the selection procedure.

(5) Where the Chamber does not submit a proposal to appoint an executor or where the Chamber has not sent a decision pursuant to paragraph 3 (a) or (b) or information on the facts referred to in paragraph 3 (b). (c) or (d) within the time limits referred to in paragraph 4, the Ministry may invite the Comoros to fulfil the obligation referred to in paragraph 4 and to set a reasonable additional time limit.

(6) The Minister may issue a selection procedure and appoint an executor on the basis of it, even without a proposal from the Chamber,

(a) if the Chamber does not declare a tender or a repeated tender within the prescribed time limit,

(b) if the Chamber does not submit a proposal to the Minister for the appointment of the executor within an additional period specified in the Ministry's invitation, although the selection procedure has been decided in accordance with paragraph 3 (a); or

(c) if the Chamber has not sent to the Ministry within an additional period specified in the Ministry's call for decisions pursuant to paragraph 3 (a) or (b) or information on the facts referred to in paragraph 3 (c) or (d).

(7) Any person who fulfils the conditions laid down in Section 9 may apply to the selection procedure within a time limit specified by the person who has announced the selection procedure.

§ 11

(1) The executor may carry out his activities only if:

(a) take the oath in the hands of the Minister,

(b) conclude an indemnity insurance contract which could arise in connection with the execution of the execution activity.

(2) The executor is required to conclude an injury insurance contract which could arise in connection with the execution of the execution activity and to prove with a copy or certified copy of this contract to the Chamber within 30 days of its appointment by the executor. If the executor employs employees, he shall be obliged to conclude a contract of insurance for his liability and for damage caused by his employees in connection with the activity under this law.

(3) The indemnity insurance that could arise in connection with the execution of the execution activity must continue throughout the execution of the Executive Board.

§ 12

(1) The candidate selected to be appointed to the Executive Board shall take the following oath in the hands of the Minister before his appointment: "I promise on my conscience and civil honour that I will maintain the Constitution of the Czech Republic, constitutional and other laws and regulations and shall apply them as a judicial executor to the best of my knowledge and conscience, in the performance of the execution activity I will act independently and fairly and will maintain the obligation of secrecy concerning all the facts that I will learn about the execution or other activity of the executor."

(2) If the applicant refuses to make a promise or if he makes a promise subject to a reservation, he may not be appointed as executor and the Minister shall appoint a candidate to the Executive Office who has placed himself in the next place after the tenderer who has refused to make a promise or has made a promise subject to the reservation.

§ 13

(1) The Executive Director shall manage the activity of the Executive Board, which shall carry out on its behalf all the tasks necessary for the proper execution of the Executive Board. The executor uses the executor's card, stamp and seal in his activity, which contain:

(a) his name, surname and title;

(b) the designation "court executor,"

(d) national emblem of the Czech Republic.

(2) The card of the executor, stamp and seal shall be issued by the executor of the Chamber.

(3) The specimen of the stamp and seal of the executor is in Annex 1 to this Act.

§ 14

(1) The seat of the Executive Office shall be the municipality in which the seat of the District Court is situated, to which the executor has been appointed. Another seat in the district of this court may be chosen by the executor only with the prior consent of the Chamber. The seat of the executor shall be the seat of the executive office to which he was appointed.

(2) The Executive Office shall be designated in accordance with Annex 2 to this Act.

§ 15

(1) The execution of the Executive Office shall cease to exist.

(a) death of the executor,

(b) declare the executor dead,

(d) the loss of citizenship of the Czech Republic;

(e) where the discretion of the executor has been restricted,

(f) the date of the legal authority of the decision imposing a disciplinary measure on the appeal from the Executive Office;

(g) the date on which the decision of the court imposing a penalty on the executor for the prohibition of the activity of the court executor or sentenced the executor to an unconditional custodial sentence;

(h) the end of the six calendar months following the month in which the Executive Director's request for termination of the Executive Office was received by the Ministry; the request for termination of the execution of the Executive Board shall be sent to the Board without undue delay.

(2) The Minister of the Executive shall withdraw,

(a) where the executor has been convicted of an intentional offence or of an offence committed in connection with an execution operation;

(b) if the executor does not provide the Chamber with a copy or a certified copy of the contract of insurance of his liability for damages within 30 days of his appointment or if his insurance of liability for damages ceases to exist and the executor does not renew it within 30 days;

(c) if the executor does not open his office at the office of the Executive Office to which he was appointed and is not ready to carry out the execution activity within 3 months of the lodging of the pledge without serious reasons;

(d) where the court, acting on a proposal from the Ministry, has ruled that the executor cannot properly perform the execution activity for at least 1 year due to his state of health.

(3) The execution of the Executive Office shall be suspended on the date of service of the decision to appeal.

(4) If the Chamber is informed of the grounds for appeal referred to in paragraph 2, it shall notify the Ministry immediately.

(5) The executor appointed to the executive office whose performance has ceased to exist shall take over the files of that executive office and carry out both executive and other activities. It shall inform the parties to the enforcement proceedings at the latest at the first act of the executor in the proceedings and inform the creditor that it may propose a change of the executor or request a change of the executor. The executor who has ceased to exercise the executive office or, where applicable, its representative shall ensure without undue delay the transmission of the files, the execution of the enforcement, the secured items, the execution procedures and registers, the related data, technical equipment or data media to the newly appointed executor, and the transmission of the stamps, cards and seals referred to in Article 103 (1); the right of the executor who has ceased to exercise the executive office shall not be affected by this. An executor appointed to an executive office whose execution has ceased is not the legal successor of the executor whose execution has ceased to exist.

(6) The share of the executor who has ceased to exercise the executive office or, where appropriate, its heirs or references in respect of the remuneration of the newly appointed executor or executor who has taken over the proceedings referred to in paragraph 7 or 9 shall be determined by agreement. If the agreement is not delivered to the Chamber within 2 months of the appointment of a new executor, the Chamber shall decide according to the principles of fair organisation.

(7) Where an executor has not been appointed to an executive office whose performance has expired, the executor shall, within 1 year of the release of the executive office or if the executive office has been cancelled and the representative of the executor whose performance has expired, the executor shall, without undue delay, invite the Chamber, after 1 year of the release of the executive office or without undue delay, to inform the Executive Board that it does not agree with the taking over of the files, the performance of the executions, the executions and registers, where appropriate the related data, technical equipment or data carriers of the executor to whom it has died. If the representative does not inform the Chamber within 1 month of the receipt of the request that he does not agree to the takeover, he shall take over the items according to the first sentence. The first and second sentences of paragraph 5 shall apply mutatis mutandis.

(8) The Chamber shall inform the district court in whose district the office of the executive agency whose execution has ceased or has been revoked that:

(a) the representative has expressed his opposition pursuant to paragraph 7 within 1 month of the opposition being expressed,

(b) the representative is a candidate and no executor has been appointed to the executive office whose performance has expired within 1 year of the release of the executive office or that the executive office has been revoked within 2 months of the expiry of 1 year of the release of the executive office or within 2 months of the cancellation of the executive office;

(c) it has not been possible to comply with paragraph 7 within 2 months of the expiry of 1 year of the release of the Executive Office or within 2 months of the cancellation of the Executive Office.

(9) The President of the District Court shall set out the execution procedures held in the Office, the execution of which has ceased or which has been annulled, evenly among the court executors appointed to its perimeter; If no executor is appointed to the perimeter of the court, the President of the District Court shall spread the proceedings equally among the court executors appointed to the district of the court which has a common border with that district and which belongs to the district court. Upon request, the representative shall provide the President of the District Court with the information necessary for the layout of the execution proceedings. A record shall be drawn up by the President of the District Court, the representative and the executor who took over the proceedings. Paragraph 5 shall apply mutatis mutandis.

Díl 2

Representation of the executor

§ 16

(1) After the appointment of the executor to the executive office, the Chamber shall, on its proposal, appoint him a representative in the event of illness, leave, suspension or termination of the execution of the executive office or for other serious reasons for which it may not exercise its office for more than 1 month. If the executor does not propose a representative within 1 month of his appointment, he shall be appointed a representative of the Chamber. The represented executor and the representative shall agree on the part of the representative in the remuneration of the represented executor. If the agreement is not delivered to the Chamber within two months of the appointment of the representative, the Chamber shall decide on the principles of fair organisation.

(2) The representative shall be appointed from among the candidates of the executor, if not, from the executors appointed in the district of the relevant district court or their candidates, and, if not, from the executors appointed in the district of the relevant regional court or their candidates. If the grounds for special consideration are appropriate, a representative may be appointed from among the executors appointed outside the perimeter of the relevant regional court or their candidates. A candidate may be appointed as a representative of the executor only if he fulfils the conditions laid down in Paragraph 11 (1) (b).

(3) The executor shall notify the Board and its designated representative in writing of the occurrence or demise of the facts referred to in paragraph 1 without undue delay. The information referred to in paragraph 1 shall include, in particular, the reason and the date from which the executor cannot exercise his office. The notice of termination referred to in paragraph 1 shall contain the reason and the date from which the executor may exercise his office. Representation shall begin on the day on which the representative becomes aware of the facts referred to in paragraph 1 and end on the day on which the representative receives the written notification of the cessation of the facts referred to in paragraph 1. If the performance of the Executive Office has ceased, the representation shall end on the date on which the representative receives a written notification that the newly appointed Executive Director has opened an office at the office of the Executive Office to which he was appointed and is ready to carry out the execution activities. Without undue delay after the date of termination of the representation, a settlement shall be made between the representative and the representative of the executor or, where appropriate, his heirs or references, at the date of termination of the representation.

(4) The represented executor or, where appropriate, the representative of the represented executor shall without undue delay provide his representative or, where appropriate, the new representative with access to the files, the execution procedures, the secured items, the hiding places and the registers, the related data, technical equipment or data carriers, and, where necessary, stamps and seals. The representative of the executor shall be obliged to make good any damage caused by a breach of confidentiality. The damage caused by the employees of the represented executor shall be the responsibility of the represented executor. This shall be without prejudice to the provisions of specific legislation.

(5) The provision of a candidate representative shall be subject to the agreement of the executor with whom the candidate is in employment.

(6) A designated representative may, at his request or at the request of the represented executor, be released from the post of representative only for reasons of special consideration.

(7) The Comoros records the agreements referred to in paragraph 1 and Article 15 (6).

§ 17

(1) The representative shall represent the executor in the execution of the execution activity. If representation continues, the represented executor may not carry out the execution activity. If the executor has been suspended from the execution of the executive office or if the execution of the executive office has ceased, the representative shall represent him in the execution and other activities.

(2) The representative of the executor shall sign the documents in his name and surname, indicating the name and surname of the executor he represents.

(3) If the representative is the executor, he uses his stamp and seal. If he is a candidate, he uses the stamp and seal of the executor he represents.

(4) The provisions of this Law applicable to the executor shall also apply to the candidate when he is acting as the representative of the executor.

(5) The candidate representing the executor who has ceased to exercise the executive office shall act as a representative. Paragraph 32 shall apply mutatis mutandis.

§ 18

(1) The Chamber shall appoint a new representative for the executor,

(a) if the designated representative is the executor and the performance of his executive office has ceased or has been suspended;

(b) if the designated representative is the candidate and the Chamber withdraws him from the list of candidates, or if his indemnity insurance ceases to exist and does not renew him, even after notification by the Chamber, within a specified period of time, or if a disciplinary measure has been imposed on him,

(d) if the represented executor so requests.

(2) Paragraph 16 shall apply mutatis mutandis to the provisions of the new representative.

(3) The provisions of the previous representative shall cease to exist by establishing a new representative.

Díl 3

Executive staff

Concipient

§ 19

(1) The Executive Director shall be a member of staff on the list of associates.

(2) The Chamber is the head of the list of associates.

§ 20

(1) The Chamber will include in the list of associates on the proposal of the executor of a Czech citizen who

(a) meets the conditions set out in points (a) to (c) of Paragraph 9 (1);

(b) is in employment with the executor.

(2) Entry into the list of associates shall be carried out by the Chamber within 1 month of the date of service of the Executive Director's proposal. The Board of Appeal shall notify the Board of Appeal and the Board of Appeal of its refusal to register.

(3) Those who have not been entered in the list of associates within the prescribed time limit and, with the agreement of the executor, with whom those who have not been entered in the list of associates within the prescribed time limit, have the right to seek registration in court. If either of those persons does not bring an action within 2 months of the receipt of the notice of refusal of registration by the Chamber, but no later than 6 months after the receipt of the application for registration by the Board of Associates, the right to register the person who has not been entered in the list of associates shall cease to exist within the prescribed time limit.

§ 21

(1) The Executive Director may entrust the Executive Director in writing with the implementation of the operations which are the subject of the execution or other activity.

(2) However, the executor cannot entrust the associate to issue the execution order. The conciliator may not auction a real estate or a commercial plant (hereinafter referred to as the "establishment '), issue decisions in execution by selling real estate or plant, or establish an executive lien.

§ 22

(1) The Chamber shall remove from the list of associates,

(a) who died or who was declared dead;

(b) who has lost citizenship of the Czech Republic,

(d) who has been convicted of an intentional offence or of an offence committed in connection with an execution operation;

(e) who requested the Comoros to be removed from this list in writing,

(f) who has terminated his employment with the executor;

(g) who has been included in the list of candidates.

(2) The Board of Directors shall notify the Board of Directors and the Executive Director of his or her employment.

(3) He who has been removed from the list of associates and, with his consent, the executor who has been removed from the list of associates has the right to seek protection in court. If either of those persons does not bring an action within 2 months of the receipt of the notice from the Chamber of removal from the list of associates, the right to protection of those who have been removed from the list of associates shall cease.

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Regulation Information

Citation	Act No. 120 / 2001 Coll., on Judicial Executives and Enforcement Activities (Enforcement Order) and on the Amendment of Other Laws
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: Archive Banking, Money Security Taxes Finance Economic (State) Civil law Civil law substantive Civil law of procedure Commercial law Labour relations Labour law Self-administration Judicial and Public Prosecutor's Office Administrative offences Administrative law State (official) control State symbols Criminal law Criminal law substantive Constitutional (state) law Fundamental human rights Business Eligibility for the pursuit of certain professions (activities)

The regulation text is for informational purposes only.