Act No. 171 / 1993 Coll.
Law amending and supplementing the Civil Code
Valid
Effective from 01.09.1993
171
THE LAW
of 20 May 1993
amending and supplementing the Civil Code
Parliament has decided on this law of the Czech Republic:
Act No. 99 / 1963 Coll., Civil Code, 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. 328 / 1991 Coll., Act No. 519 / 1991 Coll., Act No. 263 / 1992 Coll. and Act No. 24 / 1993 Coll., is amended as follows:
Article 11 (1) reads as follows:
"(1) The proceedings shall be held in that court which shall have substance and local jurisdiction. In order to determine the substantive and local jurisdiction, the circumstances which are present at the time of the opening of the procedure shall remain applicable until the end of the procedure. '
2. In Paragraph 24, the following sentence is inserted after the first sentence: "Only a natural person may be the elected representative of the participant if there is no representation under Paragraph 26. 'In the third sentence, the word" participant' shall be inserted after the words "may have '.
3. In Paragraph 26 (1), the words "or cooperative 'are deleted.
4. in Article 36b (1), points (a), (b), (e) and (g) are deleted.
5. The following Section 38a is inserted after Section 38:
The special law shall specify in which simple cases they may decide separately and in which other cases higher judicial officials may act separately. That special law shall also provide for qualifications and other conditions for the performance of the post of senior judicial officer. ';
6. Article 42 (1) reads as follows:
"(1) Submission may be made in writing, orally or by telegram. An oral application may be made to the Protocol if the application is for the initiation of a marriage authorisation procedure, for the determination and denial of paternity, for adoption and procedure, which may also be initiated on its own motion, and for the enforcement of decisions in those proceedings. ';
7. In Paragraph 42, the following paragraph 3 is inserted after paragraph 2:
"(3) A submission containing a proposal on the substance, made by telegraphic means, should be completed in writing within three days at the latest if the written submission is made by fax, it should be completed within the same time limit by submitting its original. Such submissions, if not completed within the prescribed time limit, shall not be taken into account by the court. If the court so provides, the party must submit to him the original and other submissions made by fax. '
Paragraph 3 shall become paragraph 4.
8. In Paragraph 48, the following paragraph 2 is inserted after paragraph 1:
"(2) If a legal person fails to deliver a document addressed to him or her in a repeated attempt to service to the address of his registered office indicated in a commercial or other register and another address is not known to the court, the third day following the return of the undelivered consignment to the court shall be deemed to be the day of service, even if the addressee has not known about it. ';
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
9. In the first sentence of Paragraph 51, comma is inserted after the word "telegraphically 'and the words" or by telephone' are replaced by the words "by telephone or telefax '.
10.
"(1) The President of the Chamber may impose an order of order of up to CZK 50 000 on those who grossly make the procedure more difficult, in particular by failing to appear before the court for no serious reason or by disobeying the order of the court, or who has made a grossly offensive submission or who has failed to fulfil the obligations set out in paragraphs 294 and 295. '
11. in Paragraph 79 (1), "(Paragraph 42 (3))" is replaced by "(Paragraph 42 (4))";
12. Article 79 (1) reads as follows:
"(1) The proceedings shall be initiated on a proposal. In addition to the general requirements (Paragraph 42 (4)), the application must include the name, occupation and residence of the participants (trade name or business name and registered office of the legal person) and, where appropriate, their representatives, an indication of the relevant facts, an indication of the evidence relied upon by the applicant and an indication of what the applicant seeks. In matters arising from commercial relations, the application shall also contain the identification number of the legal person, or any other information needed to identify him or her, and an indication of whether any of the participants is registered. This proposal, which concerns bilateral legal relations between the applicant and the defendant (Paragraph 90), is called an action. '
13. in Paragraph 87, point (d) is deleted.
14. Paragraph 104 repeals paragraph 2; paragraph 3 becomes paragraph 2.
15. The following Section 104a is inserted after Section 104:
(1) The Court of First Instance shall examine jurisdiction at any time for proceedings. If the court declares that it is not competent, it shall decide at the same time which court of substance shall be referred; In doing so, the legal effects associated with the submission of the application for initiation remain.
(2) If a decision has not been taken by the appellate court and the court of a higher degree to which the case has been referred disagrees with its referral, it shall be referred back by a decision of the lower degree court. By order of the Supreme Court, the Lower Court is bound.
(3) If the substantive jurisdiction between the Regional Court and the Regional Court set up to hear and decide cases of a kind has not been decided by the Court of Appeal and the court to which the case has been referred does not agree with its referral, it shall refer it to its superior court for a decision on the substantive jurisdiction; The court which referred the case shall also be bound by the decision of that court. '.
16. In Paragraph 114 (2) (a), the second sentence is: "It may also impose on the opponents to make their views known in writing and to attach the documentary evidence which he refers to."
17.
(1) Participants are required to indicate evidence to demonstrate their claims. The Court of First Instance shall decide which of the evidence proposed it shall take.
(2) In cases in which proceedings may be initiated, of their own motion, as well as in proceedings for the authorisation to marry, in the proceedings for the determination and denial of paternity, in the procedure for adoption, in the proceedings for the business register and in certain matters concerning companies and cooperatives (§ 200e), the court is required to carry out the evidence necessary to establish the facts other than those proposed by the parties.
(3) If the proceedings referred to in paragraph 2 are not carried out, the court may, other than the parties, carry out the evidence proposed in cases where the need for them to be carried out in order to establish the facts has come to light in the proceedings. If the parties do not indicate the evidence needed to prove their claims, the court shall base its findings on the evidence which has been carried out.
(4) The Court of First Instance may also take the same arguments from the parties for its findings. "
18. In Paragraph 153 (1), the word "actual 'is replaced by the words" factual'.
19. the following Sections 153a and 153b are inserted after Section 153:
(1) If, in the course of legal proceedings, the defendant recognises the claim or the basis of the claim against him, the court shall rule by judgment according to that recognition. If the defendant only partially admits a claim against him, the court shall rule by judgment according to that recognition only if the applicant so requests.
(2) A judgment on recognition cannot be given in cases in which reconciliation cannot be concluded and approved (Paragraph 99 (1) and (2)).
(1) Where the defendant, who was duly served on a summons not less than 5 days before the date on which the hearing was to be held, has been informed of the consequences of the failure to arrive, without a reasoned and timely excuse for the first hearing ordered in the case, and where the applicant who came to the hearing so proposes, the claims made by the applicant in the action for facts relating to the dispute shall be considered undisputed and may, on that basis, be brought to the court by a judgment of omission.
(2) If there are several defendants in one case, the judgment may be decided by default only if all the defendant duly served does not appear to the hearing.
(3) A judgment by default cannot be given in cases in which a settlement cannot be concluded and approved (Paragraph 99 (1) and (2)), or would result in such a judgment giving rise to, modification or withdrawal of the legal relationship between the parties.
(4) If the defendant goes missing for reasons of appeal, the first hearing in the case in which the judgment was delivered by default, the court shall, on application by the defendant, revoke the judgment by order and order the hearing. Such an application may be made by the party by the date of the judgment by default at the latest.
(5) If, in addition to the application for annulment of the judgment of the Court of First Instance for the reasons set out in paragraph 4, the defendant has lodged an appeal against the judgment and the Court of First Instance has complied with the application for annulment of its judgment, the appeal has been withdrawn. '
20. In the first sentence of Article 156 (2), the words "for three days' are replaced by the words" for ten calendar days'.
21. Article 157 (4) is added as follows:
"(4) In the statement of reasons for recognition or judgment by default, the court shall state only the subject-matter of the proceedings and the reasons for which it has decided by judgment for recognition or judgment by default. '
22. In Paragraph 158 (2), the words "within 30 days of the date of the publication of the judgment 'shall be added at the end of the first sentence and the following second sentence shall be added:" The President of the Court shall be entitled to extend that period by another 90 days.'.
23. In Article 168 (2), the words "or notice 'shall be inserted after the word" appeal'.
24. In the first sentence of Paragraph 172 (1), the words "not exceeding 20 000 CZK, in commercial matters not exceeding 100 000 CZK, or the right to pay the sum of money based on an extract from the books of the home money institution 'shall be deleted.
25. In Paragraph 178 (2), the first sentence reads: "The court shall, as a general rule, establish the opinion of the childcare authority and of the institution of the municipality which is familiar with the circumstances of the measures proposed or intended."
Article 26 (200d) is added to paragraph 4:
"(4) If the circumstances under which jurisdiction is assessed change, the court responsible shall decide to delegate its jurisdiction to the court newly competent; If this court disagrees with the delegation of jurisdiction, its superior court shall decide. Upon receipt of a communication from the new competent registry court on the registration of an entrepreneur in the Commercial Register, the court shall previously delete the relevant registration in the Commercial Register. '.
27. in Article 200f, the words "to the legislative bodies or local authorities" shall be replaced by the words "to the Chamber of Deputies, the Senate or the representatives of the local authorities."
28. In Section 202, the following paragraph 1 is added:
"(1) The appeal shall not be admissible against a judgment for recognition or against a judgment for failure to deliver, unless it is brought because the conditions for its issue have not been fulfilled (§ 153a, § 153b) or because the judgment consists in an error of law. '
Paragraphs 1 and 2 shall become paragraphs 2 and 3.
29. in Article 205 (1), "(§ 42 (3))" is replaced by "(§ 42 (4))";
30. In Article 207 (2), the first sentence shall be replaced by a semicolon and the following words shall be added: "in such a case, the appeal court shall terminate the appeal proceedings."
31. in Paragraph 214, paragraph 2 shall be added by point (h) as follows:
"(h) the appeal is directed against a judgment for recognition or a judgment for default."
32. In Paragraph 220 (2), the words "actual situation 'are replaced by the words" factual situation'.
33.
(1) If the conditions are neither for confirmation nor for a change of judgment, the court shall revoke them. It shall do so in particular if:
(a) further evidence is required to establish the facts of the case (§ 120) which cannot be carried out in the appeal proceedings (§ 213 (2));
(b) there are such defects that the proceedings should not have taken place because of a lack of conditions of procedure or have been decided by a court of incompetence or by an excluded judge or the court has not been duly filled;
(c) the judgment is not revisable for inclarity or lack of grounds;
(d) the court has not recruited a participant who should have been a participant.
(2) If the Court of Appeal rescinds the judgment, it shall refer the case back to the Court of First Instance for further proceedings or shall refer the case to the competent court or shall terminate the proceedings in substance or, if necessary, refer the case to the authority under whose jurisdiction it belongs. ';
34. in § 228 (2), "(§ 42 (3))" is replaced by "(§ 42 (4))";
35. in Article 239, the following paragraph 3 is added:
"(3) The appeal is also admissible against the order of the Court of Appeal, which has been decided in such a way that the withdrawal of the application is not permitted or that the withdrawal of the application is accepted, the decision of the Court of First Instance is annulled and the procedure is terminated (§ 208) '.
Paragraph 3 shall become paragraph 4.
36. in Paragraph 241 (1), "(§ 42 (3))" is replaced by "(§ 42 (4))";
37. in Article 268 (1) (g), the sentence after the semicolon shall be added as follows: "If the right has been granted by a judgment by default, enforcement of the decision shall be suspended even if the law has expired before the judgment is delivered;"
38. In the second sentence of Paragraph 336i, the words "and if the auctioneer of the highest filing has paid 'shall be inserted after the words" legal authority'.
This law also applies to proceedings initiated before its effect. The legal effects of the proceedings before the application of this law remain.
The President of the Chamber of Deputies is hereby authorised to declare in the Collection of Laws of the Czech Republic the full text of the Civil Code, as is apparent from the later Laws.
This Act shall take effect on 1 September 1993.
Uhde v. r.
Havel v. r.
Klaus v. r.
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Regulation Information
| Citation | Act No. 171 / 1993 Coll., amending and supplementing the Civil Code |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.06.1993 |
|---|---|
| Effective from | 01.09.1993 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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