Act No. 161 / 2016 Coll.
Act amending Act No. 549 / 1991 Coll., on Judicial Charges, as amended, Act No. 292 / 2013 Coll., on Special Judicial Procedures, as amended by Act No. 87 / 2015 Coll., and Act No. 91 / 2012 Coll., on Private International Law, as amended by Act No. 375 / 2015 Coll.
Valid
Law
Effective from 07.06.2016
Text versions:
07.06.2016
23.05.2016
161
THE LAW
of 4 May 2016
amending Act No. 549 / 1991 Coll., on Judicial Charges, as amended, Act No. 292 / 2013 Coll., on Special Judicial Procedures, as amended by Act No. 87 / 2015 Coll., and Act No. 91 / 2012 Coll., on Private International Law, as amended by Act No. 375 / 2015 Coll.
Parliament has decided on this law of the Czech Republic:
Amendment of the Law on judicial fees
Act No. 20 / 2011, Act No. 13 / 2011, Act No. 15 / 2011, Act No. 17 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act.
1. In Article 11 (5), the second sentence is deleted.
2. In Article 11, the following paragraph 7 is added:
"(7) The exemption provided for in paragraph 2 shall also apply to the fee for the registration of a fact in a public register by a notary. ';
3. In Article 11, the following paragraph 8 is added:
"(8) The fee for registration of a fact in a public register by a notary shall be exempt:
(a) the registration of a fact in a public register where the registration of a natural or legal person whose bankruptcy or imminent bankruptcy is dealt with in insolvency proceedings in which a decision on bankruptcy has already been taken;
(b) the entry into or changes to the public register of data relating to the association, branch association, foundation, fund of foundations, institute and public utility company;
(c) registration of the deletion of a person from the public register;
(d) the registration of the fact in the Commercial Register carried out by a notary on the basis of a notarial record of a founding legal act establishing a limited liability company, which contains only the mandatory requirements laid down by the Civil Code and the Commercial Corporation Act and according to which the deposit obligation is to be fulfilled by redemption in cash. "
4. In entry 29 of the Annex, the current text becomes point 1 and the following point 2 is added:
| „2. Za vydání, změnu nebo zrušení evropského dědického osvědčení8) | 500 Kč |
8) Regulation No 650 / 2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, the recognition and enforcement of decisions and the acceptance and enforcement of authentic instruments in matters of succession and the creation of a European certificate of succession. '
Amendment to the Law on Special Proceedings
Act No 292 / 2013 Coll., on Special Proceedings, as amended by Act No 87 / 2015 Coll., is amended as follows:
1. In Paragraph 109, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) If the court issues a European Heritage Certificate by a notary as a judicial commissioner, remuneration, reimbursement of final expenses and compensation for value added tax, the notary shall be obliged to pay the claimant. '
2. In Part Two, Title III, the following Part 6 is inserted after Part 5, including the title and footnotes 4 and 5:
European Heritage Certificate
(1) The European Heritage Certificate shall be issued, under the conditions laid down directly by the European UnionRegulation (4), by order of the court responsible for the proceedings for the estate at the request of the applicant for proof of its status or for the exercise of rights or powers. Until the end of the proceedings on the estate of the European Heritage Certificate, the notary shall, on behalf of that court, issue the certificate as a judicial commissioner.
(2) The parties to the proceedings for the issue of a European Heritage Certificate shall be those, in addition to the applicant, who may be reasonably considered to be the deceased heirs or references, the estate manager or the executor of the will, the participation of which has become apparent at the latest until the date of issue of the European Heritage Certificate.
(3) The attached resolution issuing the European Heritage Certificate is the form established directly by the European Union Regulation (5).
(4) If the conditions for the issue of the European Heritage Certificate are not fulfilled, the court or notary, acting as a judicial commissioner, shall decide by order that the certificate shall not be issued.
(5) After the legal power of the succession decision, it shall correct, amend or suspend the effects of the European Heritage Certificate under the conditions laid down by the directly applicable European Union Regulation (4), at the request of any person proving a legitimate interest, or, on his own initiative, by a court, otherwise that act shall be carried out by a notary as a judicial commissioner.
(6) The Regional Court shall decide on the appeal against the European Heritage Certificate Order.
(4) Regulation No 650 / 2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and the acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European certificate of succession.
(5) Commission Implementing Regulation (EU) No 1329 / 2014 of 9 December 2014 laying down the forms referred to in Regulation (EU) No 650 / 2012 of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions, acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European identity certificate. ';
3. In Part Two, Title IV, heading 7 reads:
"Management of elections to the board of employees or civil servants, elections of representatives in the field of safety and health at work or in the performance of public service and elections of members of the special negotiating committee of the European cooperative society '.
4. In Part Two, Head in Part 2, the following Section 4 is inserted after Section 3, including the title and footnote 6:
Specific provisions on the recognition of safeguard measures
(1) The exercise of a protection measure recognised and enforceable in the Czech Republic under the directly applicable European Union6) will be carried out by the general court of the appellant, or by the court in whose district the place where protection is to be provided.
(2) In order to adjust the facts of the safeguard measure ordered by the authority of another Member State of the European Union pursuant to the directly applicable European Union6), the general court of the appellant is competent, otherwise the court in whose district the place of protection is to be provided. The court shall decide on the application within 48 hours without hearing.
(3) The competent court which issued the protection measure under the directly applicable European Union Regulation is responsible for issuing, correcting or revoking certificates under the directly applicable European Union Regulation. If the court does not issue the certificate, it shall decide by order.
6) Regulation No 606 / 2013 of the European Parliament and of the Council of 12 June 2013 on the mutual recognition of protective measures in civil matters. '.
Amendment to the Act on Private International Law
In Part Four of Act No. 91 / 2012 Coll., on Private International Law, as amended by Act No. 375 / 2015 Coll., the following Section 73a is inserted after Title VIII, including the title and footnote 9:
Basic provisions
The provisions of this Title shall not apply to questions falling within the scope of the directly applicable European Union9).
9) Regulation (EU) No 650 / 2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, the recognition and enforcement of decisions and the acceptance and enforcement of authentic instruments in matters of succession and the creation of a European certificate of succession. ';
EFFECTIVE
This Act shall take effect on the 15th day following its publication.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 161 / 2016 Coll., amending Act No. 549 / 1991 Coll., on Judicial Charges, as amended, Act No. 292 / 2013 Coll., on Special Proceedings, as amended by Act No. 87 / 2015 Coll., and Act No. 91 / 2012 Coll., on Private International Law, as amended by Act No. 375 / 2015 Coll. |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.05.2016 |
|---|---|
| Effective from | 07.06.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0