Act No. 133 / 1982 Coll.
Law amending and supplementing the Civil Code
Valid
Effective from 01.04.1983
133
THE LAW
of 10 November 1982
amending and supplementing the Civil Code
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
Civil Code No. 99 / 1963 Coll., as amended by Act No. 36 / 1967 Coll., Act No. 158 / 1969 Coll., Act No. 49 / 1973 Coll. and Act No. 20 / 1975 Coll., is amended as follows:
1.V § 35
the following sentence is added at the end of paragraph 1:
"An application to initiate proceedings may also be made where the arbitration or conciliation procedure would otherwise have to be preceded. ',
paragraph 3 shall become paragraph 2, paragraph 3 shall read as follows:
"(3) The prosecutor shall act as guardian of the socialist lawfulness in civil proceedings which he has initiated or entered into pursuant to paragraph 1, or which he has initiated under another legal provision, (1) although he is not a party to the legal relationship which is the subject of the proceedings."
2.V § 36
paragraph 2 shall read as follows:
"(2) The Senate shall act and decide:
(a) labour matters;
(b) family matters,
(c) in matters of personality protection under the provisions of § 11 et seq. of the Civil Code and on proposals to correct false data under the provisions of § 20 of Act No. 81 / 1966 Coll., on periodical printing and on other mass information means,
(d) Proposals by the Prosecutor to give effect to the State in accordance with § 457 (2) and (3) of the Civil Code,
(e) on claims for damages under Act No. 58 / 1969 Coll., on liability for damage caused by a decision of a State authority or by an incorrect procedure;
(f) other matters where the law so provides. ";
the following paragraph 3 is inserted after paragraph 2:
"(3) The President of the Chamber shall act and act as the sole judge (self-judge) on other matters arising from civil and cooperative relations and on other matters pending by the courts. If the law so provides, it shall act and act as a single judge in the matters referred to in paragraph 2. ',
paragraph 3 is renumbered paragraph 4 and the following sentence is added at the end:
"In all such cases, the President of the Chamber (another professional judge) shall be entitled to the rights reserved for the Chamber. ',
paragraph 4 shall become paragraph 5.
3. In Paragraph 57 (2), the second sentence reads:
"If the deadline for Saturday, Sunday or holiday is over, the last day of the period shall be the closest to the next working day. ';
4.V § 82
paragraph 2 shall read as follows:
"(2) Where proceedings before a court have been brought before an arbitration panel, conciliation committee or conciliation body, proceedings before a court shall also be opened on the date on which the case referred to the court was brought. ';
the following paragraph 3 is inserted after paragraph 2:
"(3) The legal effects of bringing an application to initiate proceedings shall be maintained even if the application has been lodged with the economic arbitrage and has been referred to the court. '
Article 88 (g) reads as follows:
"(g) in whose territory the arbitration panel, the conciliation panel or the conciliation body is situated, where proceedings before a court should have been preceded by proceedings before that body;"
6. In Paragraph 142, the following sentence is added at the end of paragraph 1:
"In the proceedings initiated by the Prosecutor's motion to deny paternity pursuant to Article 62 of the Family Act and the Prosecutor's proposal that the performance of an invalid legal act be attributable to the State under the provisions of Article 457 (2) and (3) of the Civil Code, the court admits the opponents to pay these costs against the State."
7. in Articles 165 (3), 266 (1) and 290 (2), first sentence, the word "Senate" shall be replaced by "President of the Chamber."
8.V § 172
paragraph 1 shall read as follows:
"(1) The President of the Chamber may, without the express request of the appellant and without hearing the defendant, issue a payment order where the application for the opening of proceedings gives rise to the right to payment of a sum of cash not exceeding 5 000 CZK or the right to payment of a sum of money based on an extract from the books of the national money institution, where the law relied on results from the facts set out by the appellant. In the order for payment, the respondents shall order that, within 15 days of the receipt of the order for payment, the claimant pays the claim and the costs claimed, or that, within the same period, he submit an objection to the court which issued the order. ',
in paragraph 2, point (c) is deleted;
9.V § 228
the following paragraph 2 is inserted:
"(2) Under the conditions set out in paragraph 1, a final judgment may be challenged by a retrial application and the prosecutor, if that judgment has been given in a proceeding which has or may have been brought before the application of the prosecutor (§ 35 (1)). ',
paragraph 2 shall become paragraph 3.
10. In § 251 the following sentence is added at the end:
"An application for the enforcement of a judgment may also be made by the prosecutor, if an enforceable decision has been given in a proceeding which has or may have been brought to the application by the prosecutor (§ 35 (1)). '
11. in § 253 (2), the second sentence shall be deleted.
12. Article 268 (1) (c) reads as follows:
"(c) the cessation of enforcement was proposed by the person who proposed its regulation;"
13. v § 269
paragraph 1 shall read as follows:
"(1) The order for enforcement shall be suspended by the President of the Chamber on a proposal or on his own motion. ',
paragraph 2 is deleted;
paragraph 3 shall become paragraph 2.
14.
The principal amount may not be deducted from the monthly salary; the arrangements for its calculation shall be laid down by the Government of the Czechoslovak Socialist Republic. ';
15.V § 279
in paragraph 1, the second sentence is replaced by the following:
"(d) claims on taxes and charges, claims on the reimbursement of overpayments on sickness and pension benefits, as well as claims on compensation for the child's subsistence allowance and on compensation for the needs of the child entrusted to foster care.";
paragraph 2 shall become paragraph 3 and shall read as follows:
"(3) The Government of the Czechoslovak Socialist Republic shall, by regulation, determine the amount over which the remainder of the net wage calculated in accordance with paragraph 1 of the first sentence shall be deducted without limitation."
16.
(1) The Ministry of Justice of the Republics is hereby authorised to issue, by a general law, rules of procedure for district and county courts, which shall lay down in more detail the organisation of work and tasks of officials in the exercise of the judiciary, the procedure of the courts in the enforcement of decisions, office work in courts, including the administrative agenda.
In particular, they may provide:
(a) which simple acts entrusted to the President of the Chamber may be carried out by judicial candidates or administrative staff;
(b) in which cases the officials of the courts are entitled to verify the authenticity of the documents and the accuracy of the documents;
(c) where the presence of the recorder may be waived at the hearing and how the content of the hearing must be recorded in such cases;
(d) the necessary extradition shall be reimbursed to the parties involved in the proceedings.
(2) The President of the Chamber, otherwise ordered by the schedule of the work, may reserve the handling of certain items entrusted to judicial candidates or administrative staff, either at all or in individual cases.
(3) Where an appeal is brought against a decision given by a judicial candidate or an authorised administrative officer, the President of the Chamber may fully comply with it. Its decision shall be deemed to be a decision of the Court of First Instance and may be challenged by appeal. ';
17. § 374a is deleted.
1. The costs of the proceedings to which the party is entitled under the second sentence of Paragraph 142 (1) shall be reimbursed by the State even if they have been incurred before the date of application of this law, provided that the decision on the matter is taken at the time of application of that law.
2. The President of the Chamber may issue a payment order in accordance with Paragraph 172 (1) even if the application for the initiation of proceedings has been made before the application of this law has been brought.
3. If a resolution on the regulation on the enforcement of decisions has been issued by wage reductions before the effective date of the Decree of the Government of the Czechoslovak Socialist Republic issued pursuant to § 278 and § 279 (3), the payer shall make the salary reductions in accordance with the current regulations for a period of six months from the effective date of the new regulation; after the expiry of this period, it shall make reductions in accordance with the new treatment.
4. Otherwise, this law also applies to proceedings initiated before its effect. The legal effects of the proceedings before the application of this law remain.
The Bureau of the Federal Assembly is hereby authorised to declare in the Collection of Laws the full text of the Civil Code as follows.
This Act shall take effect on 1 April 1983.
Husák v. r.
Indra v. r.
Strougal v. r.
1) Paragraph 457 (2) and (3) of the Civil Code. Section 62 of the Family Act. Article 213 (2) of the Labour Code. § 129 (2) of Act No. 84 / 1972 Coll., on discoveries, inventions, improvements and industrial designs. § 87 (2) of Act No. 122 / 1975 Coll., on Agricultural Cooperative.
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Regulation Information
| Citation | Act No. 133 / 1982 Coll. |
|---|---|
| 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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