Act No. 134 / 1982 Coll.
Law amending and supplementing the Law on state notaries and proceedings before state notaries (notarial order)
Valid
Effective from 01.04.1983
134
THE LAW
of 10 November 1982
amending and supplementing the Law on state notaries and proceedings before state notaries (notarial order)
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
Act No. 95 / 1963 Coll., on State Notarianism and Proceedings before the State Notarianism (Notary Order), as amended by Acts No. 158 / 1969 Coll. and No. 29 / 1978 Coll., is amended as follows:
1. In Article 5 (2), the words "the Czech Socialist Republic and the Slovak Socialist Republic (" the Ministry of Justice ')' shall be inserted after the words "the Ministry of Justice '.
2. the following paragraph 4 is added to Article 5:
"(4) The number of notaries at individual state notaries is determined by the Minister of Justice of the Czech Socialist Republic and the Minister of Justice of the Slovak Socialist Republic (hereinafter the" Minister of Justice "). '
3.V § 8
in paragraph 1, in the part of the sentence behind the semicolon, the words "prescribed university law education or" shall be deleted;
in paragraph 2, the part of the sentence behind the semicolon is deleted and the semicolon is replaced by a dot;
paragraph 3 is deleted.
4. Paragraph 12 (3) reads as follows:
"(3) If State notaries cannot act because their workers are excluded, the matter shall be ordered to another than the state notaries concerned. This will be decided by the regional court in whose district the two state notaries are; otherwise the Supreme Court of the Czech Socialist Republic or the Supreme Court of the Slovak Socialist Republic will decide. If one of these state notaries is in the territory of the Czech Socialist Republic and the other is in the territory of the Slovak Socialist Republic, the Supreme Court of the Czechoslovak Socialist Republic shall decide on the commandment."
5. The second sentence of Paragraph 14 (3) reads as follows:
"If the child is represented by a minor, he shall appoint a citizen or a national committee. ';
6. The following Section 33a is inserted after Section 33:
(1) Participants are obliged to contribute to the state notaries with true and complete data to a reliable finding of the actual situation.
(2) The financial organisations shall submit to the State notaries in the succession proceedings, at his request, a report on the deposits, if they are aware that the deposit belongs to the deceased or if the information needed to establish the identity of the deposit is provided in the enquiry. ';
7.
(1) If the deceased and the surviving spouse had assets in joint ownership, the State notaries shall decide on the general price of the property at the time of death of the deceased and shall determine, in accordance with the principles set out in Section 150 of the Civil Code, what of those assets belongs to the inheritance and what of the surviving spouse. If the decision depends on the facts that remain disputed between the surviving spouse and one of the heirs, the state notaries shall proceed in accordance with Paragraph 18.
(2) If State notaries are found before the succession proceedings are finally terminated, additional assets in joint ownership shall be determined in accordance with paragraph 1, in addition, based on the original decision. ';
8.
State notaries will identify the deceased's assets and his debts and make an inventory of assets and liabilities. If the disputed assets or liabilities remain among the participants, it shall proceed in accordance with Paragraph 18. ';
9. In Paragraph 37, the words "pursuant to § 34 'are replaced by the words" pursuant to § 35'.
10. In Paragraph 38 (1), in the sentence of the second part of the sentence behind the semicolon, it reads: "If they do not approve the agreement, they shall continue the proceedings after the legal power of this decision."
11. in Paragraph 38 (2), the words' after the termination of proceedings' shall be replaced by 'after the final termination of proceedings';
12. The second sentence of Paragraph 39 (2) shall be deleted.
13. Paragraph 40 is renumbered Paragraph 39 (4).
14.
(1) The State notaries in the inheritance decision shall carry out the designation provided for in Paragraph 37; and
(a) certify the acquisition of the inheritance to a single heir; or
(b) certify that the inheritance which has not been acquired by any heir has belonged to the State; or
(c) approve an inheritance settlement agreement or an over-indebtedness agreement to pay debts; or
(d) settle between heirs if no agreement is reached between them.
(2) Paragraph 17 (1) remains unaffected.
(3) If the State notaries do not approve the inheritance settlement agreement, they shall settle between heirs after the legal authority of the decision by which the agreement was not approved. '
15. in Paragraph 42 (1), the words "under § 38 and 39" shall be replaced by "under § 38 to 40."
16. In the first sentence of Paragraph 42 (2), the words "custody and."
17. the following sentence shall be added at the end of Paragraph 42 (2):
"If the right is not known at the time the inheritance is carried out, or if his residence is unknown, the state notaries shall proceed mutatis mutandis in accordance with paragraphs 74 and 75; the time limit referred to in paragraph 74 (2) shall begin to run from the date of the legal authority of the decision which concluded the proceedings. '.
18. In Paragraph 46, the words "pursuant to Sections 38 and 39 'are replaced by the words" pursuant to Sections 38 to 40'.
19. In Paragraph 51 (2), a comma is inserted after the brackets and the following words are inserted: "instruments with which the right to pay the price of goods to a particular Czechoslovak organisation in the country '.
20. Title 3, including the title:
"Registration of contracts procedure
The registration shall include the relevant state notaries in whose territory the property covered by the contract is situated. If the property is within the perimeter of several state notaries, the registration procedure is the relevant state notaries, which first initiate the procedure.
(1) The registration procedure involving the parties to the contract, or their successors in title, shall be initiated by the state notaries at the request of either of them.
(2) It must be clear from the proposal who makes the proposal, what it seeks and must be accompanied by the original of the contract.
(1) State notaries will examine the validity of the contract, the registration of which has been proposed, in particular whether its content or purpose does not contradict or circumvent the law or does not preclude the interests of the company.
(2) Participants shall be obliged to demonstrate in particular the right to dispose of the property covered by the contract and to submit the necessary decisions by the competent authorities, and, where appropriate, to consent to the contract. If some facts, in particular the entitlement of a participant to dispose of real estate, cannot be proved otherwise, a written declaration by the participant must be provided.
(3) State notaries in the procedure for the registration of the real estate transfer contract and in the procedure for the registration of the contract for the establishment or abolition of the burden in kind shall consider the opinion of the local national committee of the municipality where the property is situated; that opinion is not necessary if the national committee itself is a party to the contract.
(1) If the contract does not contravene its content or purpose of the law, if it does not circumvent it or is contrary to the interests of the company, state notaries decide to register the contract; otherwise it decides that the application for registration is rejected.
(2) The decision registering the contract or rejecting the application for registration shall be served on all the parties to the contract or, where appropriate, on their successors in title. A simple entry in the file may be the decision by which the contract is registered if the registration has been proposed by all the parties to the contract.
(3) The effects of registration take place on the date of the decision to register the contract.
(1) The marketing authorisation shall indicate the state notaries on the original of the contract, indicating the date on which the legal effects of the marketing authorisation arise.
(2) The original of the contract, indicating its registration, shall be delivered by the State notaries to the subscriber whose rights are acquired by the contract (the transferee when the property is transferred, the creditor when the transfer of the property is restricted, the personal user when the agreement establishing the right of personal use of the land and entitled to the resulting material burden or, where applicable, the owner of the property at the end of the material burden); if there are more than one participant, the original of the contract shall be delivered to one of them. At the same time, the State notaries shall send a certified copy of the contract indicating its registration to the competent territorial authority of geodesy and cartography (hereinafter referred to as the "geodesy authority ').
(3) The state notaries run a collection of certified copies of registered contracts.
(4) After the legal power of the decision to reject the application for registration, state notaries shall return the original of the contract to the appellant. '
21.
(1) State notaries accept money and other movable goods which are suitable for safekeeping if, according to the Complainant's statement, they are put in custody for the purpose of fulfilling or securing the debt.
(2) Any state notaries are competent for the proceedings. '
22. § 68 reads:
(1) The party to the proceedings shall be the one who makes up the money or the goods for safekeeping (the Complicator) and, when the safekeeping is accepted, the person for whom the money or goods are intended (the creditor). After the legal power of the decision to accept the custody, the party who exercises the right to the custody is also a party.
(2) State notaries shall reject a proposal to accept money or goods for safekeeping if acceptance of the safekeeping would contradict or circumvent the law or deter the interests of the company. ';
23. Paragraph 69 is deleted.
24. Paragraph 70 is renumbered § 69 and reads:
(1) If they require cost storage, state notaries shall require the complexity to give a reasonable advance on costs. If the advance is not paid within the prescribed time limit, the state notaries shall reject the application for custody; In this way, it shall also be decided if the method of safekeeping is not suitable or if the matter is not suitable for safekeeping.
(2) If the Complainant does not deposit an advance on the costs for the next period within the prescribed period, the State notaries shall return the case to him. If it is not possible or reluctant for a complex person to accept the case, it shall be monetized by state notaries in the manner laid down for the judicial enforcement of the decision by the sale of movable property and proceeds in custody; This procedure shall be brought to the attention of the complainant. ';
25. Paragraph 71 shall be renumbered Article 70.
26.
(1) The storage object of the deposit to meet the debt shall be issued by the State notaries to the creditor at his request. If the composition has occurred because someone other than the authorised person exercises the right to issue the subject of custody or because someone else whose consent is needed does not agree to the issue of the subject of custody, the issue of the subject of custody shall require the consent of all the participants and of the person for whose failure to comply with custody composition. Complicator's consent is only required if the performance was composed for an unknown creditor.
(2) The composition of the State notaries shall issue the subject of the safekeeping at his request,
(a) if the creditor gives his consent to this procedure; or
(b) declare to the State that it does not accept the subject-matter of the deposit; or
(c) if it does not express itself within the time limit laid down by the State notaries, although the consequences of the non-expression have been brought to the attention.
(3) The composition of the public notaries shall also issue the subject-matter of the safekeeping if it is requested to be issued within the period laid down in Paragraph 74 and if, within that period, the subject-matter of the safekeeping is not claimed by the authorised or other person who proves the right to issue the subject-matter of the safekeeping.
(4) A person other than that referred to in paragraph 1 requesting the issue of a storage object shall issue it only with the consent of a complex and legitimate person. ';
27.
The subject matter of the storage for the purpose of ensuring rights and obligations shall be issued by the State notaries to the Complainant only with the consent of the authorised or, where appropriate, authorised only with the consent of the Complainant. ';
28. Paragraph 73 deletes paragraphs 1 and 2 and the designation of paragraph 3.
29.
(1) The State notaries with which safekeeping is provided pursuant to Paragraph 66 shall decide, after the expiry of the period referred to in paragraph 2, that the safekeeping shall belong to the State if no one applies for it within one year of the date of publication and that the rights of both participants and other persons to the safekeeping shall cease. This Decision shall be published in the Official Journal of the European Union by the Order and forwarded to the parties.
(2) The provisions of paragraph 1 may be applied where a period of three years has elapsed since the legal authority of the decision to accept the safekeeping or, where appropriate, the date on which the safekeeping was to be issued.
(3) If, within an annual period of time, a request for the issue of the subject-matter is made, the state notaries shall proceed in accordance with § 71 and 72.
(4) By the expiry of the annual period referred to in paragraph 1, if a request for the issue of the storage object has not been made within that period, the State shall acquire the storage object. By the expiry of this period, the State shall acquire custody even if the request submitted has not been granted by a final decision. '.
30. § 76 and § 77 are deleted.
31. In § 78, the last sentence is deleted.
32. The following Paragraph 90a is inserted after Paragraph 90:
(1) At the request of the Complainant, state notaries are accepted into custody
(a) documents, in particular wills, with the exception of those whose content cannot be assessed;
(b) money if it has been surrendered to him to give it to a certain recipient.
(2) The State notaries issue a certificate to the holder of the deposit.
(3) The storage object referred to in paragraph 1 (b) shall be returned by the state notaries to the Complainant if its order is not complied with.
(4) If the State notaries fail to give the subject of the safekeeping to the creditor, or to the person who demonstrates the right to issue the subject of the safekeeping or of the complexity, they shall proceed in accordance with paragraphs 74 and 75. The period provided for in Paragraph 74 (2) shall be calculated from the date of the deposit or, where appropriate, from the date on which the custody was to be issued.
(5) Where a testament is deposited with a public notaries, it may be issued by the state notaries to the acquirer at his request or by his representative, who shall have the full power of the acquirer, expressly authorising him to do so. '
33. The following Section 103a is inserted after Section 103:
Storage for other authorities
(1) State notaries accept money and other movable property in connection with criminal or other judicial proceedings for safekeeping. However, the money and other value belonging to the persons to whom the court oversees the management of their property and the advances and other payments directly linked to the trial shall be lodged in the court.
(2) The State notaries shall issue a certificate of acceptance of the deposit. '
Article 104 (1) reads as follows:
"(1) The Ministry of Justice shall lay down, in general, binding legislation, a closer regulation of the activities and organisation of state notaries, in particular to facilitate contact with organisations and with citizens and to simplify and streamline the work, and a closer regulation of the procedures for the various sections of the activities of the state notaries, including the granting of compensation to witnesses, experts and interpreters, certification and verification, the drawing up of notarial notes, proposals and other documents, the method of drawing up and storing files and the handling of such documents, and the procedure relating to the assessment of notarial fees. ';
1. This law shall also apply to proceedings initiated before the date of its entry into force. The legal effects of the proceedings before the date of entry into force of this Act remain.
2. For the proceedings for inheritance after those who died before the law is effective, the existing rules will be applied.
3. If, prior to the date of entry into force of this Act, the money or items were taken into custody and the existing provisions for this kind of safekeeping excluded the application of the provisions on old safekeeping (§ 74), the period referred to in § 74 (2) shall begin to run from the date of entry into force of this Act; However, if the custody is to be issued later, the period shall begin only on the date on which the custody is to be issued.
The Bureau of the Federal Assembly is hereby authorised to declare in the Collection of Laws the full text of the notarial order, as is apparent from the later regulations.
This Act shall take effect on 1 April 1983.
Husák v. r.
Strougal v. r.
Indra v. r.
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Regulation Information
| Citation | Act No. 134 / 1982 Coll., amending and supplementing the Act on State notaries and proceedings before state notaries (notarial order) |
|---|---|
| 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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