Act No. 123 / 2008 Coll.
Act amending Act No. 99 / 1963 Coll., Civil Code, as amended, Act No. 97 / 1963 Coll., on Private International Law and Procedural Law, as amended, and Act No. 549 / 1991 Coll., on Judicial Charges, as amended
Valid
Law
Effective from 01.07.2008
123
THE LAW
of 19 March 2008
amending Act No. 99 / 1963 Coll., Civil Code, as amended, Act No. 97 / 1963 Coll., on Private International Law and Procedural Law, as amended, and Act No. 549 / 1991 Coll., on Judicial Charges, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Civil Code
No 2001 / 2001, Act No. 1 / 2000, 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 / 2001, Act No. 5, Act No. 5 / 2001, Act No. 5, Act No. 5, Act No. 2000, Act No. 2000, Act No. 5, Act No. 2000, Act No. 2000, Act No. 2000, 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., Act No. 413 / 2005 Coll., Act No. 56 / 2006 Coll., Act No. 57 / 2006 Coll., Act No. 79 / 2006 Coll., Act No. 112 / 2006 Coll., Act No. 113 / 2006 Coll., Act No. 115 / 2006 Coll., Act No. 133 / 2006 Coll., Act No. 134 / 2006 Coll., Act No. 135 / 2006 Coll., Act No. 189 / 2006 Coll., Act No. 216 / 2006 Coll., Act No. 236 / 2006 Coll.
1. Paragraph 42 (1) reads as follows:
"(1) Administration may be done in writing or orally. Written submissions shall be made in paper or electronic form by means of a public data network, by telegram or fax. Oral submissions shall be made to the Protocol. An oral application may be made to the Protocol if it is a proposal to initiate a marriage authorisation procedure, to determine and deny parenthood, to determine whether the consent of the parents of the child to be adopted, to adopt and to procedure which may be initiated without proposal, and to implement the decisions given in those proceedings. ';
2. Paragraph 42 (4) reads as follows:
"(4) If the law does not require further formalities for the submission of a particular kind, it shall be apparent from the submission to which court, who makes them, what matters and what follows and shall be signed and dated. Where a party is represented by a lawyer, the signature of the lawyer may be replaced by the stamp of signature, the specimen of which has been deposited in the court to which the application is addressed. Submission in paper form shall be made with the necessary number of copies and annexes in such a way that one copy remains in court and that each party receives one copy if necessary. Administration in other forms shall be made with only one copy. All its annexes in electronic form may also be attached to a submission made electronically. ';
3. In Paragraph 42, the following paragraph 5 is added:
"(5) In the case of electronic submissions, accompanied by a guaranteed electronic signature based on a qualified certificate issued by an accredited certification service provider, no addition shall be required by submitting its original in accordance with paragraph 3. ';
4. Paragraph 79 (2) reads:
"(2) The applicant shall be obliged to attach to the application written evidence relied on, either in paper form or in electronic form. ';
5. In the first sentence of Article 114b (2), the words "or electronic order 'shall be inserted after the words" a payment order' and the words "or an electronic order 'shall be added at the end of the text of the paragraph.
6. in Article 172 (2), point (a) shall be deleted;
Points (b) and (c) shall become points (a) and (b).
7. The following Section 174a is inserted after Section 174:
Electronic payment order
(1) If the application is submitted on an electronic form signed by the guaranteed electronic signature of the applicant and if the cash performance requested by the applicant does not exceed CZK 1 000 000, the court may, on application by the applicant, issue an electronic payment order.
(2) Paragraph 172 to 174 shall apply mutatis mutandis. '
8. In Article 229 (2), the words "or electronic payment orders' shall be inserted after the words" (exchange and cheque payment orders) '.
9. At the end of § 374a, the dot is replaced by a comma and the following point (e) is added:
"(e) a model form for the procedure referred to in Article 174a (1)."
Amendment of the Law on judicial fees
In the Annex to Act No. 549 / 1991 Coll., on Judicial Charges, as amended by Act No. 271 / 1992 Coll., Act No. 36 / 1995 Coll., Act No. 255 / 2000 Coll., Act No. 151 / 2002 Coll., Act No. 115 / 2006 Coll., Act No. 159 / 2006 Coll. and Act No. 296 / 2007 Coll., the following entry 1a is inserted after entry 1:
"Heading 1a
For an application for an electronic payment order for the purpose of which the cash performance is:
| a) do částky 15 000 Kč včetně | Kč 300,- |
| b) v částce vyšší než 15 000 Kč | 2 % z této částky“. |
EFFECTIVE
This Act shall take effect on 1 July 2008.
Wolf
Klaus v. r.
Topolánek v. r.
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Regulation Information
| Citation | Act No. 123 / 2008 Coll., amending Act No. 99 / 1963 Coll., Civil Code, as amended, Act No. 97 / 1963 Coll., on Private International Law and Procedural Law, as amended, and Act No. 549 / 1991 Coll., on Judicial Charges, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.04.2008 |
|---|---|
| Effective from | 01.07.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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