Act No. 164 / 2015 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
Law
Effective from 01.09.2015
164
THE LAW
of 17 June 2015
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. 2000 / 2000 Coll., Act No. 99 / 1963 Coll., as amended by Act No. 36 / 1967 Coll., Act No. 158 / 1969 Coll., Act No. 49 / 1973 Coll., Act No. 20 / 1975 Coll., Act No. 133 / 1982 Coll., Act No. 180 / 1990 Coll., Act No. 117 / 1991 Coll., Act No. 152 / 1994 Coll., Act No. 216 / 1995 Coll., Act No. 84 / 1995 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll., Act No. 110 / 1995 Coll. Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2001 Coll., Act No. 31 / 2002 Coll.
1. In the fifth sentence of Paragraph 261 (1), the word "a 'is replaced by a comma and the words" to which a claim is due to be debited' are replaced by the words "and the number of the authorised account held with the money institution '.
2. In Section 299 (1) of the Introductory Part of the provision, the words "or the agreement to carry out the work 'are inserted after the words" working activities'.
3. In Paragraph 299 (1), the dot at the end of point (j) is replaced by a comma and the following points (k) and (l) are added:
'(k) the service contribution of professional soldiers or members of the Security Corps;
(l) the supplement to the pension to alleviate certain injustices caused by the Communist regime in the field of social and supplementary pensions, and the special contribution to the pension under the law governing the award of participants in the national struggle for the creation and liberation of Czechoslovakia and of certain survivors after them. "
4. In Article 304, at the end of the text of paragraph 3, the words "this shall not apply in the case of a payment the purpose of which is to comply with the enforcement obligation to the account of an authorised or judicial executor with a money institution 'shall be added.
5. In Article 322 (1), the words "or in the common capital of the debtor and his spouse 'shall be inserted after the words" the ownership of the debtor' and the words "moral rules' shall be replaced by the words" good manners and the number and value of which correspond to normal property ratios'.
6. Paragraph 322 (2) reads as follows:
"(2) The following, in particular, shall be excluded from the enforcement of decisions:
(a) ordinary clothing components, including linen and footwear;
(b) normal household equipment, in particular bed, table, chair, kitchen, kitchen utensils and utensils, refrigerator, stove, cooker, washing machine, heating unit, fuel, blanket and bed linen, provided that the value of such a thing clearly does not exceed the price of the household's normal equipment;
(c) study and religious literature, school supplies and children's toys,
(d) a wedding ring, documents of a personal nature, images and image and audio recordings relating to a compulsory or to members of his family and the data carrier of such records, unless such records can be transferred to another data medium and other objects of a similar nature;
(e) medical supplies and other items which the debtor or a member of his household needs due to his illness or physical defect;
(f) cash made up to an amount equivalent to twice the minimum of life of the individual under the special legislature80c);
(g) animals for which the economic effect is not the main purpose of farming and which serve as a companion to man. ';
7. Paragraph 325b (3) reads as follows:
"(3) The person carrying out the execution of the decision shall make a sound visual recording of the tour of the apartment and other rooms. The persons present must be informed of this at the start of the inspection. '
8. In Article 333 (1), "(d) 'is replaced by" (f)';
9. In Paragraph 336i, the following paragraph 2 is inserted after paragraph 1:
"(2) The Court of First Instance shall terminate the enforcement of the decision by selling the immovable property in which it has a compulsory place of permanent residence, if the amount of the creditor's claims, those who acceded to the proceedings as an additional entitlement, and the creditors registered under the obligation at the time of the opening of the auction procedure do not exceed CZK 30,000 without accessories. This shall not apply where there is a maintenance claim or a claim for compensation for damage caused to the injured person by an injury or a criminal offence or would be contrary to good manners. ';
Paragraphs 2 to 4 shall become paragraphs 3 to 5.
10. in Paragraph 336i (4), "paragraph 2" is replaced by "paragraph 3";
11. in Article 336m (4), "§ 336i (3) and (4)" is replaced by "§ 336i (4) and (5)";
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. In the enforcement proceedings, by ordering a claim for a pension, a supplement to the pension to mitigate certain injustices caused by the Communist regime in the field of social, a supplement to the pension or a special contribution to the pension under the law governing the valuation of participants in the national struggle for the creation and exemption of Czechoslovakia and of certain survivors thereof, in which a resolution on the enforcement regulation was not issued before the date of entry into force of this law, the court shall decide on the regulation of the enforcement of decisions by means of deductions from the service allowance, the supplement to the pension for the social, supplement to the pension or special contribution to the pension under the law governing the valuation of participants in the national struggle for the formation and the liberation of Czechoslovakia and of certain survivors. In the enforcement proceedings, by ordering a claim for a pension, a supplement to the pension to mitigate certain injustices caused by the Communist regime in the field of social, a supplement to the pension or a special contribution to the pension under the law governing the evaluation of participants in the national struggle for the creation and exemption of Czechoslovakia and of certain survivors, in which a resolution on the enforcement of the decision has been issued before the date of entry into force of this law, the enforcement of the decision is continued under the provisions of § 276 et seq. of the Civil Code on the enforcement of decisions by collisions from the retirement allowance, a supplement to the pension of certain claims caused by the Communist regime in the field of social, a supplement to the pension or a special contribution to the pension under the law governing evaluation of participants in the national struggle for the creation and exemption of the Czechoslovak and of certain survivors.
3. In enforcement proceedings by the sale of movable property in which an inventory was made before the date of application of this law, the scope of the cases excluded from enforcement shall be assessed in accordance with existing legislation.
Amendment of the Enforcement Order
Act No. 120 / 2001 Coll., on judicial executors and enforcement activities (Act No. 41 / 2009, Act No. 25 / 2004 Coll., Act No. 4 / 2008 Coll., Act No. 499 / 2004 Coll., Act No. 501 / 2004 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., Act No. 347 / 2007 Coll.
1. In Article 7 (1), the words "and above the activity of the executor under § 74 (1) (c) and § 76a 'are replaced by the words", above the activity of the executor under § 74 (1) (c) and § 76a and above the management of a special account under § 46 (5) or above the management of funds in a special account,';
2. in Article 7 (3) (e), the words "after prior notification to the court executor or his representative, who is responsible for the management of the Office," shall be deleted;
3. In Article 7 (3), the dot at the end of point (e) is replaced by a comma and the following point (f) is added:
"(f) consult and extract extracts and copies of the documents and information systems of the executor containing the details of the handling of the special account referred to in Article 46 (5) or the handling of funds in the special account.";
4. In Article 7 (4) (a), the words "or the particulars referred to in paragraph 3 (f) 'shall be inserted after the words" instruments'.
5. In Article 7a, the words ", minor shortcomings in the activity of an executive candidate (hereinafter referred to as" candidate ') or an executive associate (hereinafter referred to as "associate') 'shall be inserted after the words" the executor' and the words ", candidate or associate 'shall be inserted after the words" the executor'.
6. In Paragraph 7a, the present text becomes paragraph 1 and the following paragraph 2 is added:
"(2) If it is not demonstrated that the executor has carried out all the measures that may be reasonably required of him in proceedings of the Executive Board pursuant to Article 13 (1), the Ministry, the Chamber or the President of the District Court shall also charge the executor with minor deficiencies in the activity or minor failures in the conduct of the candidate or associate who are his staff. '
7. in Articles 9 (2), 16 (2), 17 (3) and 124c (1) (d), the word "executive" shall be deleted;
8. In Article 17 (2), the word "executive 'is deleted.
9. In Paragraph 17 (4), the words "Executive candidate 'are replaced by" Candidate'.
10. in Paragraph 18 (1) (b), the word "executive" shall be deleted;
11. The heading above § 19 reads "Concipient."
12. in Article 19 (1), the words "The Executive Associate (hereinafter referred to as" the Associate ")" shall be replaced by the words "Concipient."
13. in Articles 22 (1) (g) and 23 (1), the word "executive" shall be deleted;
14. The title above Paragraph 23 reads "Candidate."
15. in Paragraph 23 (1), the words "Executive candidate" shall be replaced by "Candidate."
16. in Articles 44a (2) and (3), 46 (6), 54 (5) and 69a (1), "Article 47 (5)" is replaced by "Article 47 (6)";
17. in § 46 (8), "§ 47 (6)" is replaced by "§ 47 (7)";
18. In Paragraph 47, the following paragraph 3 is inserted after paragraph 2:
"(3) For the purposes of paragraph 2 (d), the execution of an act carried out to secure the property of the debtor for the purposes of his impairment shall not be such execution. ';
Paragraphs 3 to 6 shall be renumbered paragraphs 4 to 7.
19. In Article 48, the words "and the account number of the creditor or executor with the money institution, if the account number is needed for the execution procedure, shall be added at the end of the text of point (f)."
20. In Article 49 (3), the words "or data file containing details of the modification or cancellation of the execution order 'shall be inserted after the words" or notification'.
21. Paragraph 58 (2) reads:
"(2) If one of the methods of execution is not sufficient to satisfy the creditor, execution in one execution procedure may be carried out in several ways and, where appropriate, in all the legal procedures laid down. Execution may be carried out in several or all of the legal procedures laid down by law at the same time or in stages. If the purpose of the execution does not prevent this, the execution of the payment of the cash amount shall be effected gradually
(a) by ordering a claim from an account with a money institution and, if this is not sufficient, by ordering a claim from the account of the debtor's spouse with the money institution;
(b) by ordering another cash claim, with the exception of the supplementary pension claim or supplementary pension savings, the disability of other property rights, the deduction from wages and other income, the management of the immovable property or the suspension of the driving licence, if the method of execution referred to in (a) is insufficient;
(c) the sale of movable property, the sale of immovable property which the debtor does not use for housing himself and his family, the disability of the establishment or by ordering a supplementary pension claim or supplementary pension savings, if the method of execution referred to in (a) and (b) is insufficient; and
(d) the sale of immovable property which the debtor uses to live in himself and his family if the method of execution referred to in (a) to (c) is insufficient. "
22. In Paragraph 58, at the end of paragraph 3, the sentence "The execution may be carried out in any order other than that provided for in paragraph 2 (a) to (d) on application by the debtor or with his consent."
23. in Article 113a (3) (a), the word "executive" shall be deleted;
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. In the execution procedures in which, prior to the date of the entry into force of this Act, an enforcement order was issued to order the payment of a pension claim, a supplement to the pension to mitigate some of the injustices caused by the communist regime in the field of social, supplement or special pension contributions under the law governing the evaluation of participants in the national struggle for the establishment and exemption of Czechoslovakia and of some of the survivors after them, such an execution shall be carried out in accordance with the law governing the evaluation of the participants in the national struggle for the creation and exemption of the pension and of certain survivors following them in the wording of this Act. The effects of the execution order issued remain.
3. In the execution procedures in which a list of movable goods was made before the date of entry into force of this Act, the scope of the matters excluded from the execution shall be assessed in accordance with the existing legislation.
4. The candidate or associate may be charged with a complaint where a minor lack of activity or a minor decline in conduct has occurred since the date of entry into force of this Act.
5. Proceedings initiated before the date of entry into force of this Act shall be treated in accordance with Article 58 of Act No. 120 / 2001 Coll., as effective before the date of entry into force of this Act.
EFFECTIVE
This Law shall take effect on the first day of the second calendar month following its publication, with the exception of the provisions of point 20 of Part Two, Article III, as regards Paragraph 49 (3), which shall take effect on 1 January 2016.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 164 / 2015 Coll., amending Act No. 99 / 1963 Coll., Civil Code, as amended, and Act No. 120 / 2001 Coll., on judicial executors and enforcement activities (Enforcement Order) and amending other laws, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.07.2015 |
|---|---|
| Effective from | 01.09.2015 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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