Act No. 120 / 2004 Coll.
Act amending Act No. 201 / 2002 Coll., on the Office for the Representation of the State in Property Matters, Act No. 99 / 1963 Coll., Civil Code, as amended, and Act No. 182 / 1993 Coll., on the Constitutional Court, as amended
Valid
Law
Effective from 19.03.2004
120
THE LAW
of 20 February 2004
amending Act No. 201 / 2002 Coll., on the Office for the Representation of the State in Property Matters, Act No. 99 / 1963 Coll., the Civil Code, as amended, and Act No. 182 / 1993 Coll., on the Constitutional Court, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on the Office for the Representation of the State in Property Matters
Act No. 201 / 2002 Coll., on the Office for the Representation of the State in Property Matters, is amended as follows:
1. In Paragraph 6 (2), the words "Agreement 'are replaced by the words" In case of procedure'.
2. in Part One, the following Title VII is inserted after Title VI:
REPRESENTATION OF PERSONS
(1) The Office may, in the cases and under the conditions laid down by this Law, provide the municipalities with legal assistance to represent the municipalities in the proceedings before the courts.
(2) Legal aid under paragraph 1 may be granted by the Office only in a procedure in which a claim against the municipality is claimed to determine the property or its accessories acquired by the municipality or to dispose of the property.
(3) Legal aid under paragraph 1 shall be granted free of charge by the Office to the municipality.
The legal aid agreement provided for in Article 13a must be concluded in writing and must indicate the property of the municipality to which the court is entitled.
Legal aid under Article 13a cannot be granted,
(a) where the applicant is a State, a State organisation or an Land Fund;
(b) where the Office is acting in accordance with Articles 3, 4, 6, 7, 9, 11 or 13d,
(c) if the Office acts as a competent organisational component in the proceedings (§ 18, 19).
(1) The Office may act as an intervener in the procedure for determining the property of the municipality (Paragraph 13a (2)), in addition to the municipality, if the State has a legal interest in the outcome of such proceedings. Paragraph 9 (2) shall apply mutatis mutandis to this case.
(2) The procedure laid down in paragraph 1 cannot be applied,
(a) if the State, State organisation or Land Fund is a party to the proceedings; or
(b) where the Office is acting in accordance with Articles 3, 4, 6, 7, 9 or 11. ';
3. In the first sentence of Article 14 (1), in the first sentence of Article 15 (1), in the first sentence of Article 16 (2), "and 13 'is replaced by" 13, 13a, 13b and 13d'.
4. In Articles 14 (3) and 19 (4), the word "Director 'is replaced by the words" Director-General'.
5. In Paragraph 16 (4), the word "general 'shall be inserted after the words" practice and'.
6. in Article 17 (1) (a), the word "General" and the word "General" shall be inserted after the word "Free";
7. Paragraph 20 (2) reads as follows:
"(2) Save as otherwise provided in this law, matters relating to the property, property rights of the State, the commitment of the State, the commitment of the State organisation or the property of the municipality, as well as cases where someone claims or denies that they are property, ownership of the State, the commitment of the State, the commitment of the State organisation or the property of the municipality. '
8. In Article 22 (2), the words "or participate directly in the proceedings (§ 11) 'are replaced by the words" or participate directly in the proceedings or represent the municipality pursuant to § 13a and 13b'.
9. Paragraph 24 (1) reads as follows:
"(1) The performance of the Office's activities in the proceedings referred to in Articles 3, 4, 6, 7, 13a, 13b or 13d shall always be ensured by a territorial establishment (Section 14) in whose territorial district the seat of the relevant organisational body or municipality is situated."
10. In Article 24 (5), the words "Ministry of Finance 'are replaced by the words" Director-General'.
11. the following Section 25a is inserted after Section 25:
(1) The municipality is obliged to provide the Office with the information, information, documents and synergies necessary for the proceedings in which the municipality is represented in accordance with § 13a and 13b.
(2) The Office shall inform the municipality, in due time and in full, of the course of the proceedings in the case in which the Office ensures the representation of the municipality in accordance with the provisions of Sections 13a and 13b. '
12. At the end of § 27, the words "including remote access to cadastral data 'are added.
Amendment of the Civil Code
Act No. 2000 / 2000 Coll., Act No. 99 / 1963 Coll., as amended by Act No. 36 / 1967 Coll., Act No. 158 / 1969 Coll., Act No. 49 / 1973 Coll., Act No. 20 / 1975 Coll., Act No. 133 / 1982 Coll., Act No. 269 / 1990 Coll., Act No. 117 / 1991 Coll., Act No. 152 / 1994 Coll., Act No. 216 / 1995 Coll., Act No. 54 / 1995 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll. Act No. 204 / 2000 Coll., Act No. 220 / 2000 Coll., Act No. 227 / 2000 Coll., Act No. 367 / 2000 Coll., Act No. 370 / 2000 Coll., Act No. 120 / 2001 Coll., Act No. 137 / 2001 Coll., Act No. 231 / 2001 Coll., Act No. 271 / 2001 Coll., Act No. 501 / 2001 Coll., Act No. 151 / 2002 Coll., Act No. 202 / 2002 Coll., Act No. 226 / 2002 Coll., Act No. 309 / 2002 Coll., Act No. 320 / 2002 Coll.
1. § 21a reads:
(1) The Court of Justice
(a) Office for the Representation of the State in matters of property in cases provided for under special legislation, 55a)
(b) the organisational body of the State competent under specific legislation in other cases.
(2) Where the Office for the Representation of the State is acting before the court in matters of property, a member of the staff appointed by its Director-General shall act on behalf of the State in the Office for the Representation of the State in matters of property.
(3) Where the State acts as an organisational body of a State which is competent under a special law, it shall act on behalf of the State as the head of the State's organisational unit or as its authorised staff member.
(4) Paragraph 21 (4) and (5) shall apply mutatis mutandis. "
2. Article 21c is deleted.
3. In Article 24 (1), the words "or Article 26a 'shall be inserted after the words" Article 26'.
4. The following Section 26a is inserted after Section 26:
(1) In the cases and under the conditions laid down in special legislation55a), the municipality may be represented in the proceedings by the State for which the Office for the Representation of the State is acting before the courts in matters of property.
(2) Only a procedural authorisation may be granted to the State in respect of the representation referred to in paragraph 1.
(3) Where the State of representation referred to in paragraph 1 is acting on behalf of the State, an employee appointed by its Director-General to represent the State in matters of property shall act on behalf of the represented municipality. ';
5. In Paragraph 48a (2), "paragraph 2 'is replaced by" paragraph 3';
6. Paragraph 48e is renumbered § 48f and the words "(§ 21c)" are replaced by "[§ 21a (1) (a)]."
7. § 241 reads:
(1) Unless otherwise specified, the appellant must be represented by a lawyer or notary. A notary may represent the insurer only within the scope of his authorisation provided for by specific legislation. 57)
(2) Paragraph 1 shall not apply,
(a) where the natural person having a legal education is the party to the appeal;
(b) where the person referred to in Article 21 (21a) or in Article 21b, who has a legal education, is the party to the appeal.
(3) Paragraph 1 shall also not apply where the party referred to in Article 26a (3), who has legal qualifications, is the party to whom the State is represented, is acting on behalf of the State.
(4) The notice must be drawn up, except in the case referred to in paragraph 2 (a), by a lawyer, notary or person referred to in Articles 21, 21a, 21b or 26a (3), who has legal qualifications. "
Transitional provision
The Civil Code, as amended by this Act, shall also apply to proceedings initiated before the date of application of this Act; the legal effects of the proceedings before the date of entry into force of this Act remain.
Amendment to the Constitutional Court Act
In Article 30 of Act No. 182 / 1993 Coll., on the Constitutional Court, as amended by Act No. 202 / 2002 Coll., the words "even if, under the conditions laid down in special legislature2a, the municipality is represented in the proceedings by the State for which the Office for the Representation of the State acts before the Constitutional Court in matters of property 'are added at the end of the text of paragraph 2.
EFFECTIVE
This Act shall take effect on the day of its publication.
Zaoralek v. r.
Klaus v. r.
v z. Gross v. r.
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Regulation Information
| Citation | Act No. 120 / 2004 Coll., amending Act No. 201 / 2002 Coll., on the Office for the Representation of the State in Property Matters, Act No. 99 / 1963 Coll., Civil Code, as amended, and Act No. 182 / 1993 Coll., on the Constitutional Court, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.03.2004 |
|---|---|
| Effective from | 19.03.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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