Act No. 139 / 2015 Coll.
Act amending Act No. 99 / 1963 Coll., Civil Code, as amended, Act No. 120 / 2001 Coll., on Legal Executives and Enforcement Activities (Enforcement Order) and on Amendment of Other Acts, as amended, and Act No. 256 / 2013 Coll., on Real Estate Register (cadastral Act)
Valid
Law
Effective from 01.07.2015
Text versions:
01.07.2015
16.06.2015
139
THE LAW
of 27 May 2015
amending Act No. 99 / 1963 Coll., the Civil Code, as amended, Act No. 120 / 2001 Coll., on Legal Enforcement and Enforcement Activities (Enforcement Order) and amending other laws, as amended, and Act No. 256 / 2013 Coll., on the Real Estate Register (cadastral Act)
Parliament has decided on this law of the Czech Republic:
Amendment of the Civil Code
Act No. 1 / 2006, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 6, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 6, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 6, Act No. 5, Act No. 6, Act No. 6, Act No. 5, Act No. 6, Act No. 5, Act No. 6 / 2000, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 2000, Act No. 5, Act No. 5, Act No. 5, Act No. 2000, Act No. 2000, No 2006, No 2006, Act No. 2006, No 1999, Act No. 2000, No No.
1. In Article 149, the following paragraph 3 is inserted after paragraph 2:
"(3) Where the party to whom the costs were assigned is represented by a representative other than those referred to in Article 137 (2), the party to whom the costs were imposed shall pay the party. '
Paragraph 3 shall become paragraph 4.
2. in Paragraph 151, the following paragraph 3 is inserted after paragraph 2:
"(3) A participant who has not been represented in the proceedings by a representative in accordance with Article 137 (2) and who has not demonstrated the amount of the final expenditure of his or his other representative shall be reimbursed by the court at a flat-rate amount determined by the special legislation. The flat-rate compensation shall include the final expenditure of the tenderer and his representative; does not, however, include the reimbursement of the court fee. ';
Paragraphs 3 to 5 shall be renumbered paragraphs 4 to 6.
3. Paragraph 255 (2) reads as follows:
"(2) The party to the proceedings shall also be the spouse of the debtor, if his property or property in the common estate of the spouses is affected by the enforcement of the decision. '.
4. Paragraph 255 (3) is deleted.
5.
(1) Before a regulation for the execution of a judgment on the property of spouses, the court shall determine whether a contract for the matrimonial property regime, or a decision by the court to abolish the joint capital of spouses, its renewal or the narrowing of its existing scope, or an agreement or decision by the court to amend the agreed regime or the court decision based on a judgment of the court, is registered in the list of instruments of matrimonial property regime.
(2) In order to enforce the judgment, the Court of First Instance shall base its decision on the content of the instrument referred to in paragraph 1, if it relates to the recovery of the debt arising after its entry into the list of instruments relating to the matrimonial property regime or if it has given its consent. If it is not possible to establish from the title of enforcement or from the instrument referred to in paragraph 1 that the undertaking was established after the entry of the instrument on the matrimonial property regime, the undertaking shall be deemed to have been established before the entry of the instrument on the list of instruments on the matrimonial property regime.
(3) In other cases, enforcement may also be ordered on property which does not form part of the joint capital of the spouses simply because the statutory joint capital regime of the spouses has been amended.
(4) Where the recovery of a debt belonging to the joint capital of the spouses or the debt of the debtor for which enforcement of the decision may be ordered on the property of the spouses, enforcement of the decision may be effected by ordering a claim from the debtor's spouse's account with the money institution. ';
6. The following Section 262b is inserted after Section 262a:
(1) If the execution of a decision affects the property of the spouses or the property of the debtor's spouse to a greater extent than that permitted by the special legislation or if it cannot be affected by the execution of the decision, the spouse may request the termination of the enforcement of the decision in that part. He must be instructed by the court.
(2) The execution of the decision by ordering a claim from the debtor's husband's account shall be stopped if neither part of the funds which would otherwise belong to the joint wealth of the spouses are deposited. If the opposite is not demonstrated, the funds in the debtor's spouse's account shall be deemed to belong to the joint wealth of the spouses. ';
7. Paragraph 267 (2) is deleted and paragraph 1 is deleted.
8. In Paragraph 268 (1), at the end of the text in point (d), the words "or property from which the recovery claim cannot be satisfied 'shall be added.
9. In Article 304b, the following paragraph 4 is added:
"(4) Where enforcement is carried out pursuant to Article 262a (4), the prohibitions referred to in Article 304 (1) and (3) shall not apply to the amount of half of the funds that were in the account at the time when the Order on the Regulation on Enforcement was served on the money institution, if it exceeds the amount referred to in paragraph 1. The funds referred to in the previous sentence shall be paid by the cash institution to the debtor's spouse at his request. The husband of the debtor must be informed of this in order to enforce the decision. '.
10. In Section 309, the following paragraph 3 is added:
"(3) Where enforcement of a decision has been ordered by ordering a claim from the same account of the debtor's husband to obtain more than one debtor's claim, the prohibitions referred to in paragraphs 1 and 3 of Section 304 shall not apply until the abovementioned provisions in Section 304b (4) at the time of service of the first order on the enforcement of the decision to the Financial Institute. ';
11. in Paragraph 338v (1), the words "paragraph 1" shall be deleted;
12. in Article 374a, the following point (d) is inserted after point (c):
"(d) the flat-rate amount of compensation for final expenses for the purposes of deciding on the reimbursement of costs in the cases referred to in Article 151 (3);"
Points (d) and (e) shall be renumbered as points (e) and (f).
Transitional provisions
1. Save as otherwise provided, the Civil Procedure Code shall apply, as effective from the date of entry into force of this Law, to proceedings initiated before the date of entry into force of this Law; the legal effects of the proceedings before the date of entry into force of this Act remain.
2. The court of the debtor in proceedings initiated before the date of entry into force of this law shall instruct the court of the debtor in a resolution on the enforcement order, if that order was given from the date of entry into force of that law, of the possibility of seeking termination of enforcement pursuant to Article 262b (1) of the Act.
3. Proposals for the exclusion of property from enforcement pursuant to Article 267 (2) of Act No. 99 / 1963 Coll., as effective before the date of entry into force of this Act, which were submitted before the date of entry into force of this Act, shall be decided in accordance with the existing legislation.
4. Paragraphs 304b (4) and 309 (3) of Act No. 99 / 1963 Coll., as effective from the date of the entry into force of this Act, shall apply to the resolutions on the enforcement regulation which have been delivered to the Financial Institute since the date of entry into force of this Act.
5. The court's decisions to limit the joint capital of spouses issued before 1 January 2014 may be recorded in the list of documents relating to the matrimonial property regime at the written request of one or both spouses. The creation of decisions in the collection of documents and the entry in the register of the information referred to in § 35j (3) (a), (c) and (d) of Act No 358 / 1992 Coll., on notaries and their activities (notarial order), as amended, shall be carried out by any notary. Such registration shall be carried out in accordance with the notarial rules, the provisions of which shall apply to such decisions after their registration.
Amendment of the Enforcement Order
Act No. 120 / 2001 Coll., on judicial executors and enforcement activities (Act No. 41 / 2009, Act No. 257 / 2004 Coll., Act No. 254 / 2008 Coll., Act No. 499 / 2004 Coll., Act No. 301 / 2008 Coll., Act No. 7 / 2004 Coll., Act No. 57 / 2006 Coll., Act No. 70 / 2006 Coll., Act No. 79 / 2006 Coll., Act No. 133 / 2006 Coll., Act No. 253 / 2006 Coll., Act No. 296 / 2007 Coll.
1. In Article 1 (2), the words "including the establishment of an executive lien 'shall be inserted after the words" titles'.
2. In Paragraph 33 (3), the words "and other persons authorised to keep a register of investment vehicles' are replaced by the words" other persons authorised to keep a register of investment vehicles and the notarial chamber of the Czech Republic in relation to the List of instruments on matrimonial property regime ';
3. in Articles 33a (1), 33b, 33c, 33d (1), 33e and 33f, the words "through the Chamber" shall be deleted;
4. Paragraph 34 (5) reads:
"(5) The provisions of Articles 33 to 33 and paragraphs 1 to 3 shall also apply to the determination of the details of the property of the debtor's spouse in connection with the execution of an execution involving the recovery of a debt belonging to the joint wealth of the spouses or for which the execution of the estate of the spouses may be carried out, subject to the account of the debtor's debtor with the money institution."
5. Paragraph 36 (2) reads as follows:
"(2) The spouse of the debtor shall also be a party to the execution proceedings if his property or property in the joint estate of the spouses is affected by the execution. '
6.
(1) Before issuing an execution order for the property in the common capital of spouses, the executor shall determine whether the contract for the matrimonial property regime, or the court's decision to abolish the joint assets of the spouses, its renewal or the narrowing of its existing size, or the agreement or decision of the court to amend the agreed regime or the regime based on a court decision, is registered in the List.
(2) When issuing the execution order, the executor shall base his claim on the content of the instrument referred to in paragraph 1 if the debt arising after its entry in the List of instruments on the matrimonial property regime is recovered or if the debt arising before its entry in the List of instruments on the matrimonial property regime is recovered and has given his consent. If it is not possible from the execution title or from the instrument referred to in paragraph 1 to establish that the undertaking was incurred after the entry of the instrument on the matrimonial property regime, the undertaking shall be deemed to have been incurred before the entry of the instrument on the list of instruments on the matrimonial property regime.
(3) In other cases, an enforcement order may be issued involving property which is not part of the joint venture of spouses simply because the statutory joint venture regime of spouses has been amended.
(4) If it is about the recovery of a debt belonging to the joint capital of the spouses or the debt of the debtor for which an execution order may be issued for the assets of the spouses' joint capital, the execution may be effected by ordering a claim from the account of the debtor's spouse with the money institution. ';
7. In Paragraph 46 (8), the last sentence is deleted.
8. in Paragraph 49 (1), point (h) is deleted;
Point (i) shall be renumbered as point (h).
9. In Paragraph 55, the following sentence is added at the end of paragraph 1: "If the spouse submits a motion to suspend execution pursuant to § 262b of the Civil Code, the executor shall decide on the application on the basis of written documents and without the consent of the creditor within 15 days of the date of service of the application. If the executor fails to comply with the application, he shall forward it, together with the enforcement file, within that period to the decision of the enforcement court which decides on the application. Paragraph 3 shall not apply. '.
10. In the third sentence of Paragraph 58 (2), the comma after the words "management of immovable property 'are replaced by" or' and the words' or by the establishment of an executive lien on immovable property 'are deleted.
11. in Article 58 (2), the sentence "Enforcement by the execution of a claim on the account of the debtor's spouse with the money institution may be carried out only if it is not sufficient to pay the recovered cash claim, its accessories, the costs of the creditor and the cost of execution by the execution by the execution of the debt from the debtor's account with the money institution."
12. in Article 59 (1), point (e) shall be deleted;
Points (f) and (g) shall become points (e) and (f).
13. Article 69a is deleted.
14. in Part One, the following Title V is inserted after Title IV:
ESTABLISHMENT OF EXECUTORY LAW ON IMMOVABLE MATTERS
(1) Enforcement proceedings for the establishment of an executive lien on immovable property which is required to secure the creditor's claim shall be initiated on application. The execution application for the establishment of an executive lien shall be submitted to the executor by a qualified authority.
(2) Where the application for the establishment of an executive lien on a immovable property which is the subject of a register in the property register is concerned, the executor shall inform the relevant cadastral office of its submission. The execution order for the establishment of an executive lien shall also have effect against persons who have acquired the immovable property after the registration of a note informing them of the application for the establishment of an executive lien.
(3) With the notification of the commencement of the execution to the establishment of an executive lien, a notice under Paragraph 46 (6) shall not be sent to the debtor. The notification of the opening of the execution for the establishment of an executive lien contains, instead of the information provided for in Sections 37 (3) and (4) and 54, the lessons provided for in paragraphs 10 and 11.
(4) In the context of cooperation, third parties shall communicate to the executor the information necessary to conduct the execution to establish the enforcement lien. No proposal for a postponement may be made.
(5) The ruling of the enforcement order for the establishment of the enforcement lien shall also include the designation of the immovable property on which the enforcement lien is to be established, or a joint ownership interest in it, the designation of the lien creditor by the information to be entered in the property register, the designation of the secured claim and an indication of the date which is relevant for the order of the enforcement lien.
(6) For the order of the enforcement lien on the real estate is the decisive day in which the executor has run out of the enforcement proposal to establish the enforcement lien; If, on the same day, more execution proposals were submitted to the executor, the liens shall be in the same order. However, if a legal or contractual lien has previously been established for a debt claim, the order of the executive lien shall be governed by the order of that lien. Where a claim for compensation or for loss of property caused by a criminal offence or a claim for unjust enrichment obtained by a criminal offence has been secured in criminal proceedings and the enforcement proposal to establish an enforceable lien has been filed at the time when the detention order is in force, the order of the execution lien shall be the decisive day of the legal power of the decision to secure the property in accordance with the criminal order.
(7) Save as otherwise provided in this law, the provisions of the Civil Code governing the enforcement of decisions by the establishment of a judicial lien on immovable property shall apply mutatis mutandis to the execution of an enforceable lien.
(8) The beneficiary does not have the right to reimbursement. The costs of the execution shall be borne by the executor. The executor shall not issue an execution order for the establishment of an executive lien unless he pays the authorised execution costs under the execution order, which shall be delivered only to the creditor.
(9) The authorisation to conduct the execution of the execution of the execution order shall cease to exist in the execution of the execution order to establish the execution order.
(10) The execution to establish an executive lien is carried out by the legal power of the execution order. The execution of the executive lien does not cease.
(11) Once the execution has been carried out, an application for suspension may be lodged only in court.
(12) The enforcement lien relating to a real estate property which is the subject of registration in the real estate register shall be entered in the real estate register on a proposal authorised under the enforcement order by which the enforcement lien was established. ';
Current Heads V to XIV shall be referred to as Titles VI to XV.
15. The following Section 89a is inserted after § 89:
(1) If a party who has not been represented in the proceedings by a representative pursuant to Article 137 (2) of the Civil Code does not provide proof of the amount of the final expenses of his or his other representative, he shall be entitled to a flat-rate compensation provided for by a special law. The flat-rate compensation shall include the expenditure incurred by the tenderer and his representative.
(2) If a party entitled to the costs is represented by a representative other than those referred to in Article 137 (2), the party to whom the costs have been paid shall be obliged to pay the party. "
16. in Article 131, the following point (b) is inserted after point (a):
"(b) the flat-rate amount of compensation for costs incurred by a party for the purposes of deciding on costs in cases referred to in Paragraph 89a;"
Points (b) to (e) shall be renumbered (c) to (f).
Transitional provisions
1. Save as otherwise provided, the Enforcement and Civil Procedure Rules shall apply, as effective from the date of entry into force of this Law and for proceedings initiated before the date of entry into force of this Law; the legal effects of the proceedings before the date of entry into force of this Act remain.
2. The possibility of seeking termination of enforcement pursuant to Article 262b (1) of Act No. 99 / 1963 Coll., the Civil Code, as effective from the date of entry into force of this Act, shall be instructed by the executor of the debtor's husband in proceedings initiated before the date of entry into force of this Act in an enforcement order, if that enforcement order was issued after the date of entry into force of that Act.
3. Proceedings initiated before the date of entry into force of this Act shall be treated in accordance with Article 58 (2) of Act No. 120 / 2001 Coll., as effective from the date of entry into force of this Act, unless the enforcement orders for execution have been issued before the date of entry into force of this Act by ordering the debtor or the debtor's spouse from the account with the money institution.
4. The execution conducted by the establishment of an executive lien on the basis of an execution order issued prior to the entry into force of this law shall be completed in accordance with existing legislation.
Amendment of the cadastral law
In Act No. 256 / 2013 Coll., on the cadastral property register (cadastral law), in § 23 (1) (a), the word "a 'is replaced by a comma and after the words" a judicial lien on real estate' the words "and the proposal for the establishment of an executive lien 'are inserted.
EFFECTIVE
This Act shall take effect on the 15th day following its publication.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 139 / 2015 Coll., amending Act No. 99 / 1963 Coll., Civil Code, as amended, Act No. 120 / 2001 Coll., on Legal Executives and Enforcement Activities (Enforcement Order) and amending other laws, as amended, and Act No. 256 / 2013 Coll., on the Real Estate Register (cadastral Act) |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.06.2015 |
|---|---|
| Effective from | 01.07.2015 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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