Act No. 133 / 2006 Coll.
Act amending Act No. 99 / 1963 Coll., Civil Code of Judicial Procedure, as amended, and Act No. 120 / 2001 Coll., on Judicial Executives and Enforcement Activities (Enforcement Order) and amending other laws, as amended
Valid
Effective from 14.05.2006
133
THE LAW
of 14 March 2006
amending Act No. 99 / 1963 Coll., the Civil Code, as amended, and Act No. 120 / 2001 Coll., on judicial enforcement and enforcement activities (Enforcement Regulations) and amending other laws, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Civil Code
Act No. 1 / 2004, Act No. 1 / 2004, Act No. 2 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2001, Act No. 99, Act No. 5 / 2001, Act No. 5 / 2001, Act No. 99, Act No. 99, Act No. 5, Act No. 5 / 2001, Act No. 96, Act No. 96, Act No. 96, Act No. 99, Act No. 5, Act No. 96, Act No. 96, Act No. 5 / 2004, Act No. 96, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, No.
1. Paragraph 50b (2) reads as follows:
"(2) The document shall be deposited:
(a) the district court in whose district the place of service is situated, or the court which has its registered office at the place of service, where it is served by means of a service provider, a judicial guard, a judicial executor or the police of the Czech Republic;
(b) in a court whose document is served if the document is imposed pursuant to Paragraph 45e (2);
(c) at the establishment of the postal service operator where the document is served through the postal service operator. ";
2. In Article 172 (2), at the end of the text in point (a), the words "this shall not apply if the employee is entitled to work against the employer; ';
3. Paragraph 258 (1) reads:
"(1) The execution of a decision imposing payment of a cash sum may be carried out by withholding from the salary, ordering the claim, ordering payment from an account at a money institution, selling movable property and real estate, selling an undertaking and establishing a judicial lien on immovable property. ';
4. After Paragraph 320a, the following Title Four is inserted:
_
The execution of the decision by order of payment from the debtor's account with any national money institution shall be effected by debiting the debtor's account from the payee's account, the recovery claim with its accessories and paying it to the creditor.
The creditor's application, which must include, in addition to the general requirements, the birth number of the debtor (if assigned) or the identification number (if assigned), if the debtor is a debtor, shall be decided by the court on the order for enforcement of the decision by a resolution ordering the non-appointed monetary institution to keep the debtor's account, upon presentation of the order for payment, to write off the funds from the debtor's account up to the amount of the debt recovered with the rights and to pay them to the creditor.
The order for enforcement shall be served on the creditor and the debtor.
On the basis of a final order, the court shall issue a valid order for payment. In the order for payment, the court shall order the non-appointed monetary institution to write off the debtor's account, if it is maintained by that monetary institution, the amount of money specified in the order and to pay it to the creditor.
(1) The cash institution to which the order for payment and the final order of the court on the enforcement order has been transmitted and which holds the debtor's account shall immediately pay the funds to the creditor within the amount specified in the payment order.
(2) If the debtor's account does not contain the full amount specified in the payment order, the monetary institution shall pay the eligible amount, the payment of which is possible, and shall notify the court which issued the decision of the amount of the amount of the money not paid. For that amount of money, the court shall issue a new order for payment to the creditor.
(3) A cash institution which pays the authorised funds, albeit partially, shall retain the payment order.
The provisions excluding or restricting the use of legal persons' claims on an account with a money institution for a purpose other than that provided for are without prejudice to the provisions on a payment order from an account with a money institution.
If the money institution does not proceed as required by the provisions of Sections 320b and 320e, the creditor may claim, even if there is insufficient funds in the debtor's account to pay him the amount to which the money institution would have the right to do so. "
The fourth to seventh heads shall be referred to as the fifth to eighth heads.
Amendment of the Enforcement Order
Act No. 120 / 2001 Coll., on judicial execution and enforcement activities (Enforcement Order) and amending other laws, as amended by Act No. 6 / 2002 Coll., Act No. 279 / 2003 Coll., Act No. 360 / 2003 Coll., Act No. 53 / 2004 Coll., Act No. 257 / 2004 Coll., Act No. 284 / 2004 Coll., Act No. 499 / 2004 Coll., Act No. 501 / 2004 Coll., Act No. 377 / 2005 Coll., Act No. 57 / 2006 Coll., Act No. 70 / 2006 Coll., and Act No. 79 / 2006 Coll., is amended as follows:
1.
(1) The executor shall, after having received the order on the execution order, assess the manner in which the execution will be carried out and issue an enforcement order concerning the assets to be affected by the execution. An execution order means an order to execute an execution in one of the ways set out in this Act. In the execution order, the executor is obliged to choose a method of execution which is not likely to be inappropriate, in particular due to the disproportionate amount of the obligation and the price of the item from which the obligation is to be achieved.
(2) The execution order has effects on the enforcement order under the Civil Code. According to the execution order, the execution shall be effected after the legal authority of the enforcement order.
(3) No appeal is admissible against an execution order.
(4) Property affected by an execution order must not be transferred, loaded or otherwise disposed of. The legal act by which the debtor has infringed that obligation shall be void. '
2. in Title IV, the following Part 3 is inserted after Part 2:
Execution by order of payment from an account with a money institution
Save as otherwise provided in this law, the provisions of the Civil Code governing the enforcement of a judgment shall apply mutatis mutandis to the execution of an execution order to the payment of an account with a money institution. '
Parts 3 to 5 are referred to as Parts 4 to 6.
EFFECTIVE
This Act shall take effect on the 30th day following its publication.
Zaoralek v. r.
Klaus v. r.
Paroubek v. r.
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Regulation Information
| Citation | Act No. 133 / 2006 Coll., amending Act No. 99 / 1963 Coll., Civil Code of Judicial Procedure, as amended, and Act No. 120 / 2001 Coll., on Judicial Executives and Enforcement Activities (Enforcement Order) and amending other laws, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.04.2006 |
|---|---|
| Effective from | 14.05.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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