Act No. 131 / 1982 Coll.
Law amending and supplementing the Civil Code and regulating certain other property relations
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Effective from 01.04.1983
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131
THE LAW
of 9 November 1982
amending and supplementing the Civil Code and adjusting certain other property relations
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
Civil Code No. 40 / 1964 Coll., as amended by Act No. 58 / 1969 Coll., is amended as follows:
1. the following paragraph 3 is added to Article 27:
"(3) If the guardian cannot be appointed by a relative of a citizen or any other person who fulfils the conditions for the provision of a guardian, the court shall appoint a guardian of the national committee or of its establishment if it is entitled to speak on its behalf (§ 19). '
2. The following Section 40a is inserted after Section 40:
(1) Where the reason for the nullity of an act under the provisions of § 138 (1), § 140, § 145 (1), § 173 (1), § 211 (1), § 229, § 399 (2), second sentence, and § 479, is concerned, the act shall be deemed to be valid if the person concerned is not allowed to act. The same applies if the legal act was not taken in the form required by the agreement of the participants (§ 40 (1)).
(2) Where a legal act the registration of which has been decided by the State notaries is concerned, its annulment may, for the reasons set out in paragraph 1, be determined only by a court decision. ';
3. Paragraph 44 reads as follows:
The contract shall be concluded as soon as the participants agree on its content. ';
4.
(1) Where a law provides that a decision by a competent authority is to be taken on a contract, the contract shall be effective by that decision. If the decision is negative, the contract shall be cancelled.
(2) If the law provides that a contract must be registered by a state notary, the contract shall be effective by registration. If the decision is negative, the contract shall be cancelled.
(3) If, on a proposal submitted within three years of the conclusion of the contract, no decision has been taken by the competent authority or registration, the parties shall be entitled to withdraw from the contract. ';
5. In Paragraph 100 (2), the following sentence is added at the end:
"The right to conclude a personal use agreement pursuant to Paragraph 135a (2) shall not be barred. '
6.
If the right of the beneficiary to issue an inheritance is concerned (§ 485), the limitation period shall begin to run from the legal authority of the decision confirming the acquisition of the inheritance, the agreement of the heirs to settle the inheritance or settlement between the heirs of the state notaries. '
7. In Paragraph 106 (1), "year 'is replaced by" two years';
8. In Paragraph 107 (1), "year 'is replaced by" two years', the following paragraph 3 is added:
"(3) Where the parties to an invalid or cancelled contract are obliged to return to each other all that they have received, the court shall take into account the objection of limitation only if the other party could object to the limitation. ';
9. In § 109 the following sentence is added at the end:
"The right corresponding to the burden in kind shall be suspended if it is not exercised for 10 years. '.
Paragraph 122 (3) reads as follows:
"(3) If the last day of the period is Saturday, Sunday or holiday, the last day of the period shall be the closest to the following working day. '
11. the following Section 130a is inserted after Section 130:
(1) The owner of the matter must refrain from doing anything which is beyond measure appropriate to any other or seriously endangering the exercise of his rights. Therefore, in particular, it must not jeopardise the neighbor's construction or land by adjusting the land or by adjusting the building set up on it, without taking sufficient measures to consolidate the building or land, it must not, in addition to appropriate conditions, bother the neighbours with noise, dust, ash, smoke, gases, paras, odours, solid and liquid waste, shielding, allow the animals kept to enter the adjacent land and to remove tree roots from their soil at an inappropriate time of the year, or to remove tree branches exceeding its land.
(2) If this is necessary and does not prevent the efficient use of adjacent land and buildings, the court may, after having established the opinion of the competent national committee, which is the building office, decide that the owner of the land is obliged to fence the land. The provisions of § 66 to 70 of the Building Act are not affected by this.
(3) Owners of adjacent land shall be obliged to allow access to their land where the maintenance and management of neighbouring land and buildings is strictly required. If this has caused damage on the land, he who caused the damage shall be obliged to replace it; This responsibility may not be waived. ';
12. The following Section 132a is inserted after Section 132:
"Protection of holdings
(1) Those who treat the matter as their own and take into account all circumstances in good faith that the matter belongs to them have, unless otherwise specified, similar rights of protection as the owner of the case.
(2) This also applies, mutatis mutandis, to those who exercise the right corresponding to the burden of substance for themselves and who, having regard to all the circumstances in the good faith, have the right to the matter.
(3) In exercising the rights referred to in paragraphs 1 and 2, any person who has effectively incurred a load on a case shall be entitled to compensation to the extent appropriate for the assessment of the case on the date of its recovery; the reimbursement of normal maintenance costs is not due to him. ';
Article 13 (134) (2) reads as follows:
"(2) If the immovable property is transferred under a contract, ownership shall be acquired by the contract; In order to be effective, registration by state notaries must be required, if not for transfer to socialist property. '
14. The following Section 135a is inserted after Section 135:
"Maintenance
(1) The owner of a case which may be the subject of personal ownership will become a citizen who holds a movable item continuously (Paragraph 132a (1)) for a period of three years and a immovable item for a period of 10 years. Similarly, unless otherwise provided, the citizen will also acquire a right corresponding to the burden of substance (Paragraph 132a (2)).
(2) If the land or part thereof is held continuously by the citizen (Paragraph 132a (1)) for a period of 10 years and for which a right of personal use may otherwise be established (Paragraph 199 (1)), the State shall acquire ownership of the land or part thereof; a citizen shall have the right to conclude with him an agreement on the personal use of the land to the extent specified in Paragraph 200. If the area of the land is greater than the maximum permissible area provided for in Paragraph 200 and the territorial plan or the territorial decision to leave more than one part of that land to be used by the person, the citizen shall have the right to choose only one of those parts for which the right of personal use shall be established by agreement as a separate parcel.
(3) However, this does not allow for the acquisition of an asset of socialist property or an object for which a socialist organisation has the right to use it under special regulations. *) In this way, the right to land which is in socialist ownership or to which a socialist organisation has the right to use it under specific rules cannot be acquired. *)
(4) Until the period referred to in paragraphs 1 and 2, a citizen may count the period during which his predecessor has held the case continuously or has exercised a right corresponding to the burden of matter.
(5) The limitation clause shall apply mutatis mutandis to the periods referred to in paragraphs 1 and 2. ';
15. The following Sections 135b and 135c are inserted after Section 135:
"Substantial burdens
(1) Substantial burdens restrict the owner of the immovable property and whoever owns the right to use the property personally for the benefit of someone else by being obliged to suffer, act or refrain. Rights corresponding to material burdens are linked either to the ownership of a property or to the personal use of a given property or to a particular person.
(2) Unless otherwise agreed by the participants, those who are entitled to use a foreign object on the basis of a right corresponding to the burden in question shall bear the appropriate costs of maintaining and correcting it; However, if the case is also used by the owner or by him to whom the right of use of the land belongs, he shall be obliged to bear these costs according to the degree of co-use.
(1) The burdens in question arise from the law, the decision of the authorised authority, the written agreement and the will; the right corresponding to the substantive burden can also be acquired by the exercise of the right (§ 135a). It is necessary to register the contract with a public notaries in order to ensure the effectiveness of the contract from which rights corresponding to material burdens are acquired.
(2) The contract may impose a burden on the owner of the property, who is entitled to the right of personal use of the land and to a socialist organisation which has the right of use under special regulations. *) A person who is entitled to the right of personal use of the land may impose a burden only with the consent of the owner of the land.
(3) The material burdens pass with the ownership of the case or with the right of personal use of the land to the transferee.
(4) The burdens in question expire by law, by a decision of an authorised authority or by a written contract. It is necessary to register the contract as a public notaries for the effectiveness of the contract from which the rights corresponding to the burdens in kind cease.
(5) The burden in kind will cease if such permanent changes occur that the matter can no longer serve the needs of the beneficiary or the beneficial use of his property, or the land for which the right of personal use has been established; the temporary impossibility of exercising the right does not eliminate the burden of action.
(6) If there is a gross difference between the burden in kind and the advantage of the creditor by changing the circumstances, the court may decide that the burden in kind is limited or abolished. If, for a change in circumstances, it is not fair to insist on a performance in kind, the court may decide that a cash performance is to be provided instead of a performance in kind.
(7) If the right corresponding to the burden in kind belongs to a particular person, the burden in kind shall cease no later than its death. ';
16.
The co-owner may transfer his share, without the consent of the other co-owners, only to the co-owner, his husband, his spouse, his descendants or, at the same time, his descendants and their spouses; otherwise it is necessary to transfer the share of the consent of all joint owners. Paragraph 143 is without prejudice to this. '
17. In Paragraph 142, the present text becomes paragraph 1 and paragraphs 2 and 3 are added as follows:
"(2) For reasons of special consideration, the court shall not abolish and settle the joint ownership by ordering the case to be replaced or sold, and by distributing the proceeds.
(3) In the event of the cancellation and settlement of the joint ownership by division of the case, the court may impose a material burden on the newly created property for the benefit of the owner of another newly created property. The cancellation and settlement of co-ownership shall not be detrimental to the persons to whom the property rights are attached. ';
18. Paragraph 149 shall be added to paragraph 4:
"(4) If it has not been settled within three years of the termination of the joint ownership of the spouses to settle it by agreement or if the joint ownership of the spouses has not been settled on a proposal submitted within three years of its expiry by a decision of the Court of First Instance, it shall apply in respect of movable matters that the spouses have dealt with according to the state in which each of them uses his own, his family and his household exclusively as owner. Other movable and immovable property are subject to joint ownership and the shares of both joint owners are the same. The same applies mutatis mutandis to other property rights, to spouses in common. '
19. In Paragraph 174, the present text becomes paragraph 1 and paragraph 2 is added as follows:
"(2) The Court of First Instance may, in cases of special consideration due to a proposal from a common user, revoke the right to use the apartment jointly if a situation arises which prevents its joint use; determine which of the users or which of them will continue to use the apartment. The common user shall not be obliged to move out of the apartment unless he is assigned an adequate replacement apartment; if he has to move himself out of the apartment, just provide a replacement accommodation."
20. In Paragraph 196 (1), the second sentence reads:
"If the rooms of construction cooperatives are located, they shall be assigned by the members of the cooperative body. ';
21. Article 198 (2) reads as follows:
"(2) The right of personal use shall be established for remuneration; it shall be established free of charge on the basis of the provisions of Paragraph 135a (2), or, where a specific provision so provides. ';
22. the following Section 203a is inserted after Section 203:
Paragraph 130a shall also apply to the rights and obligations of the user and to its protection. ';
23. In the first sentence of Paragraph 205 (2), the words "or on the grounds that a citizen has acquired the right to enter into a personal use agreement under the provisions of Paragraph 135a (2) 'shall be inserted after the words" On the basis of the assignment of the land to personal use'.
24. In Paragraph 212, its current wording becomes paragraph 1 and paragraph 2 is added as follows:
"(2) The Court of First Instance may, in cases of special consideration due to a proposal from a common user, abolish the right to use the land jointly if a situation arises which prevents its joint use; identify, at the same time, which users or which users will continue to use the land. ';
25.
(1) Where a citizen who is not entitled to use the land or who is entitled to use it for another purpose has established a building on the land, the court shall, on a proposal from the national committee or organisation in charge of the land or the organisation which is the owner of the land (§ 205 (2)), or on a proposal from the person who has established the right to use it for another purpose, order the construction to replace the applicant, unless there are grounds of particular clarity, in particular that the builder was in good faith that the building was set up rightly. If it is in the interest of the company, the court may also decide, after having established the opinion of the relevant national committee, which is the construction office, that the builder is obliged to remove the construction on his load.
(2) Where the grounds of special consideration are precluded from deciding in accordance with paragraph 1, the court shall, on the application of the owner of the construction, adjust the relations with the land on which the construction is established, in particular abolish the right of personal use on that parcel or establish a burden of substance which is economically necessary for the exercise of the property right of construction, free of charge or for compensation.
(3) If the builder has assumed an obligation not to transfer his property without the consent of the creditor to another (§ 58), the compensation referred to in paragraph 1 may be paid only for the consent of the creditor; otherwise it will fold into notarial safekeeping. '
26. In Paragraph 230, its present wording is renumbered as paragraph 1 and paragraphs 2, 3 and 4 are added as follows:
"(2) However, if, from the time of the conclusion of the contract until the conclusion of the contract, it was decided by the Government of the Czechoslovak Socialist Republic to amend the price provision under which the price was agreed, the organisation shall immediately inform the citizen in writing and communicate the new price to him.
(3) The citizen is entitled to withdraw from the contract after giving notice of the new price; if he does not withdraw without undue delay from the contract, he shall be obliged to pay the organisation a new price unless the price increase has taken place after exceeding the agreed period of service.
(4) If a citizen withdraws from the contract, he shall be obliged to pay the organisation the amount due for the work carried out and the costs incurred according to the price initially agreed, only if he benefited from the partial performance of the contract. '
27. In § 249 the following sentence is added at the end:
"If the item purchased from a trading organisation is to be put into service by an organisation authorised to do so, the guarantee period shall start only from the date of the execution of this additional service, provided that the citizen has ordered it within three weeks of the receipt of the case and has provided the necessary synergies to carry out the service in due time. ';
28. In the second sentence of Section 250, the word "regional" is deleted.
29. In § 253, third sentence, the word "regional" is deleted.
30. The following Section 263a is inserted after Section 263:
If a custom-made organisation is responsible for the construction of a citizen, it shall be responsible for damage or destruction of the building until the construction is taken over, unless the damage is otherwise done. '
31. in the second sentence of Article 268 (1), the words "Regional National" are replaced by the words "National."
32.V § 271
paragraph 1 shall read as follows:
"(1) The guarantee period shall be six months. ';
the following paragraph 3 is added after paragraph 2:
"(3) For construction, the warranty period is three years. The implementing regulation may provide that for certain parts of the buildings the warranty period may be shorter but at least 18 months. ',
paragraph 3 shall become paragraph 4.
33. In the second sentence of Paragraph 277, the words "Regional National 'are replaced by the words" National'.
34. in the second sentence of Paragraph 281 (1), the word "regional" shall be deleted.
35. the following Section 362a is inserted after Section 362:
"Change in insurance
The insurance conditions for the insurance of property and for the insurance of liability for damage relating to the insurance of property in the joint ownership of spouses shall specify the conditions under which the insurance of property or liability for damage to which it is transferred and to which the case relates shall cease to be shared. '
36. Paragraph 397 is added to paragraph 4:
"(4) The Government of the Czech Socialist Republic and the Government of the Slovak Socialist Republic may provide for a regulation in which cases and under which conditions the property or part of it may be left for temporary use only with the prior approval of the National Committee."
37. in Paragraph 399 (2), the second sentence reads:
"If the price cannot be determined in this way, the agreed price of the purchased item may not exceed the price of the same or comparable type of new item at which the item is sold in the store at the time of conclusion of the contract; in other cases, the agreed price may not substantially exceed the normal price corresponding to the nature of the case. ';
38.
The conditions for the purchase of agricultural and forestry products may be adapted by specific provisions. ';
39. § 438 reads:
(1) If more than one citizen or organisation or citizen is responsible for the damage, they shall be jointly and severally liable for it.
(2) In justified cases, the court may decide that those who have caused the damage shall be responsible for it according to their participation in the damage. '.
40.
paragraph 2 shall read as follows:
"(2) Compensation for loss of earnings, together with the earnings of the injured and any invalidity pension or partial invalidity pension, may not exceed the amount laid down in the provisions of labour law for compensation for accidents at work and occupational diseases. This limitation does not apply if damage was caused intentionally; for reasons of special consideration, the court may also determine the higher amount of compensation if the damage was caused by gross negligence. ';
paragraph 3 is added as follows:
"(3) The Government of the Czechoslovak Socialist Republic may, in view of the changes that have taken place in the development of the wage level, adjust by regulation the conditions, amount and method of compensation for the loss of earnings after the end of incapacity for work or invalidity."
41. The following Section 447a is inserted after § 447:
The compensation for the loss of a pension shall be equal to the difference between the amount of the pension to which the injured person was entitled and the amount of the pension to which he would have been entitled if his earnings had not been reduced as a result of the damage to health. '
42.V § 448
paragraph 1 shall be deleted from the third sentence;
paragraph 2 shall read as follows:
"(2) The calculation of the refund shall be based on the average earnings of the deceased; However, the payment of the cost of nutrition for all survivors may not exceed, in total, the amount to which the deceased would be compensated for the loss of earnings provided for in Article 447 (2). '
43. The following Section 453a is inserted after § 453:
(1) If the owner has committed an infringement in such a way that he has permanently deprived himself of the possibility of using the case in the usual way, the case falls within the ownership of the State if it is contrary to the company's interest that the owner should continue to treat the case. Similarly, other property rights of a citizen, with the exception of the right of inheritance, are transferred to the State, except for the right of liability for damage to health or other right limited to that person. However, the State shall not be obliged to take care of the property which is necessarily needed to satisfy the living needs of persons whose maintenance or upbringing is the owner of the case, or to whom the property right attaches, and the property which another has acquired from the owner in good faith.
(2) In the case of State property, the share ownership of the spouses ceases to exist. "
44. Article 457 (2) and (3) reads as follows:
"(2) If the legal act is invalid because of its content or purpose contrary to or circumventing the law or contrary to the interests of the company (Paragraph 39), the court may, on the application of the prosecutor, state that the performance received by the person who so knowingly infringes the law is wholly or partly to the State; at the same time, the court shall order the State to give effect to the case. This shall be without prejudice to the obligation referred to in paragraph 1.
(3) When deciding on the extent of the State's imputability, the court shall, in particular, take into account the social scope of an invalid act, the circumstances in which the act was taken and the personal and property circumstances of the parties. ';
45. The following Section 469a is inserted after Section 469:
"Divorce
The survivor may inherit the offspring because, contrary to the rules of socialist coexistence, he did not provide the deceased with the necessary help in sickness, old age or other serious cases. Paragraph 476 and 480 shall apply mutatis mutandis to the elements of the instrument of succession and its abolition; However, the instrument shall state the reason for the separation. ';
46. In § 479, at the end of the dot, the following words are replaced by a comma: "if there has not been dismemberment of those offspring."
47. In Paragraph 482 (2), at the end, the words "and confirm the acquisition of the inheritance 'are deleted.
48.
"(1) The settlement shall be made according to the inheritance shares. At the time of the inheritance by law, the heirs shall be credited to his share of what he received in the life of the deceased free of charge, unless it is a normal donation; If the heir referred to in Paragraph 473 (2) is involved, account shall also be taken of what the heir's ancestor has received free of charge from the deceased. In the inheritance of the will, such netting must be made if the deceased has given the order to it or if the otherwise endowed heir would have been unjustifiably favoured against the heir referred to in Paragraph 479. '
49. In Paragraph 489, its present wording becomes paragraph 1 and paragraph 2 is added as follows:
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Regulation Information
| Citation | Act No. 131 / 1982 Coll., amending and supplementing the Civil Code and regulating certain other property relations |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.11.1982 |
|---|---|
| Effective from | 01.04.1983 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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