Act No. 173 / 1950 Coll.
Law on judicial fees
Valid
Effective from 01.01.1951
173.
Law
of 20 December 1950
on judicial fees.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Initial provision.
(1) Judicial fees (hereinafter referred to as "fees") are charged for the activities of ordinary civil courts in the exercise of the judiciary and judicial administration as well as for the acts of the prosecutors.
(2) Courts and national committees, with the exception of local national committees, are required to instruct workers about fees and exemptions so as not to suffer damage to the ignorance of the law.
The subject matter of the fee and the tariff list.
(1) As a general rule, the charge is the whole procedure in one stool. Fees shall not be levied for proceedings initiated on an official basis or on a proposal from the Prosecutor-General; the exemptions are set out in the tariff list (paragraph 2).
(2) The subjects and rates of charges are laid down by the Minister for Finance in an agreement with the Minister for Justice in the Tariff, which shall be issued by the Regulation.
The basis of the fee.
(1) The applicant (s) must indicate the value of the object of the proceedings in the application for initiation (in the application), unless the fee is fixed at a fixed rate.
(2) Where the appellant (s) has indicated a likely low value or not at all, the court shall determine the value of the subject matter of the proceedings under the directives issued by the Finance Minister in agreement with the Minister of Justice.
(3) The value of the subject-matter of the resale procedure shall be three times the value of the annual supply, if it is for more than three years, for life or indefinite; the derogations shall be determined by the tariff scale.
(4) The reduction in the value of the subject matter does not affect the fee. If the value of the subject matter increases, a fee equal to the difference between the amount previously paid and the total value of the subject matter after the increase shall be paid.
(5) In the correction procedure, the basis of the fee is the value of the subject matter of the procedure.
(6) The basis of the percentage fee shall be rounded down to an amount divisible by 100; The basis of a base not exceeding 100 KKS shall not be rounded. The fees shall be rounded down to the whole Kčs.
(7) The Minister for Finance may issue further provisions on the basis of fees in the Directives referred to in paragraph 2.
The taxpayer.
(1) The fee shall be paid by the party who initiated the proceedings or the act which is the subject of the charge, unless the fee is exempted.
(2) The charge for a judicial settlement concluded before the initiation of the proceedings (Paragraph 40 of the Civil Code - hereinafter referred to as "o.s.") must be paid by the hand of the common and non-different persons who have concluded the settlement.
(3) If the appellant (s) is exempted from the fee under the law or has been acquitted by a court order and the court has complied with his application (s), he shall be required to pay the defendant (s) fee, unless he is also exempt from it, according to the amount of the claim, as granted by the court's decision; This is also the case in the enforcement proceedings, in which the court, in the order authorising the execution, shall impose an obligation on the defendant of the exempted appellant to pay the fee. The provisions of this paragraph shall not be applied if the court has complied with an application for divorce by a spouse who has solely caused the divorce of a marriage, despite the fact that the defendant did not agree with the divorce, and if the court has applied the provisions of § 130 ° p.
(4) An absent or unknown person shall be required to pay a fee to his guardian if the property of the person from whom the fee may be paid is there.
(5) Associates (§ § 412 and 414 o. s.) are obliged to pay a fee by hand in common and not different. The same obligation affects the intervener if he has the status of an inseparable partner (§ 418 (3) o.s.).
(6) In cases on which an arbitration agreement has been concluded (§ 648 o. s.), the parties are required to pay a fee by hand in common and not different.
Maturity.
(1) Fee is payable without measurement
(a) at the same time as the application (action, objection, opposition), the request for the court to rule on the mutual claim claimed in the judgment and above the amount applied by the action (§ 422 o.s.), the appeal, the application for an action by a court (prosecution), unless the appellant (applicant) is exempt from the charge or requested an exemption from the court;
(b) immediately after approval of the court settlement (Paragraph 4 (2)) or after an increase in the value of the subject matter of the proceedings;
(c) within 15 days
1. Following the publication of a court order, if the defendant is obliged to pay the fee, Article 4 (3), if he does not have a claim fee in the enforcement proceedings, which can be recovered at the same time as the creditor's claim or costs;
2. after the legal power of the order by which the court did not grant exemption from fees (§ 140 o. s.) or by which it withdrew the exemption granted (§ 145 o. s.);
3. after legal authority, the order by which the court has determined the value of the subject-matter (Paragraph 3 (2));
4. After disclosure of the property of the person absent by the guardian (§ 4 (4)) or when that person enters the proceedings.
(2) The fee for inclusion in the list of permanent sworn experts or interpreters shall be paid at the request of the court. If the fee is not fixed at a fixed rate, its amount shall be determined by the court in the invitation; no appeal is admissible.
(3) The execution fee shall be payable on the date on which the order approving the final report (§ 591 o.s.) became final.
How to pay.
The Minister of Finance shall, in agreement with the Minister of Justice, lay down the regulations which fees and how stamp fees are paid and in which cases, how and to whom cash is paid.
Consequences of non-compliance with the fee obligations
(1) If the appellant has not paid the fee in due time (Paragraph 5), the court shall invite him to pay the fee within the prescribed period. If the fee is not paid within that period, the court shall reject the application (s) lodged; This consequence must be noted in the call for payment of the fee. Where the registration in a land or railway book and in a company register, the verification of the copy and the signature and similar acts of the court which do not require decision-making, as well as the judicial or judicial proceedings, are carried out, they shall not be carried out until the fee has been paid.
(2) If the appellant applies for exemption from the fee, the court shall first decide on it; where it rejects it, it shall also set a time limit for payment of the fee and draw attention to the consequences of non-payment of the fee referred to in paragraph 1.
(3) If a person is a taxpayer other than the appellant, or if the fee is for an appeal fee, a complaint, opposition to the termination proceedings and order proceedings, and objections to the exchange and cheque proceedings, and if the fee has not been paid in due time, the court shall enforce it in an executive manner. Before the execution proceedings are initiated, the court shall invite the taxpayer to pay the fee within the prescribed period.
Silence.
(1) The right of the State to enforce the fee shall be limited by the expiry of three years, calculated from the beginning of the calendar year following the year in which the last day of the period laid down for payment of the fee has elapsed or, if the payment period is not set, by which the fee was due. In the same period, the amounts for which less has been prescribed may be further assessed as the fee has not been correctly charged.
(2) If the court has carried out the enforcement act and has informed the taxpayer thereof, the new limitation period shall begin to run from the beginning of the calendar year following the year in which such action was carried out.
Liberation.
A material liberation.
Judicial proceedings in cases
(a) guardian, guardian, parental and adoption matters;
(b) the waiver of jurisdiction and the authorisation of detention in an institution;
(c) death declaration and proof of death,
(d) sickness insurance, pension insurance (insurance) and healthcare provision.
Personal liberation.
(1) The fee shall be exempt in person:
(a) the Czechoslovak State, represented by the executive bodies of the national committees and other bodies of state administration, state institutes and state funds, if the fee exceeds the fee of 50 KCs or, where applicable, in the procedure of order 25 KCs;
(b) workers (apprentices, domestic workers) who are the subject of proceedings in respect of their employment (teaching) ratio, with the exception of claims for compensation for damage caused intentionally or in intoxication or criminal offence or, where appropriate, by offence;
(c) the applicant (s) in the procedure for determining the payment of personal needs (nutrition);
(d) the applicant in the proceedings for damages caused by injury, including claims by the State for reimbursement of medical costs and sickness and pension benefits (insurance).
(e) originators in proceedings concerning their rights as originators;
(f) a participant seeking paternity findings;
(g) basic or replacement personnel and petty officers;
(h) the guardian against whom proceedings are to be conducted;
(ch) persons absent or not at all known, represented by a guardian, but if there were or would have been a disclosure of the property from which the fee could be paid.
(2) The exemption provided for in paragraph 1 shall also apply to the execution of claims referred to in points (b) to (e) of that paragraph.
Exemption granted by the court.
The Civil Code shall determine to whom and under what conditions the court shall grant exemption from fees.
Exemption for specific reasons
(1) The Ministry of Finance is hereby authorised to grant, for specific reasons, a personal exemption from all or certain charges to groups of persons or a material exemption for certain procedures in an agreement with the Ministry of Justice.
(2) The Ministry of Finance may grant exemptions or allowances to individual persons or may authorise other authorities to do so in agreement with the Ministry of Justice.
Correction of the fee wrongly prescribed
The Court of First Instance, at the request of the taxpayer, shall amend the order imposing the charge even if the order has acquired legal authority,
(a) if it has been prescribed by someone who is not obliged to pay a fee under the law and regulations implementing it,
(b) if, in the calculation or regulation of the charge, there has been an error in counting, writing or other error, which is clearly incorrect, in particular by double counting the same charge,
(c) in the cases of Paragraph 13 (1) (b) and (c), if the fee has not been paid.
Repayment of the fee.
(1) The Court of First Instance shall return to the payers:
(a) the full fee if the application (s) is rejected without oral proceedings and if the registration in the land or railway book has been cancelled on the complaint;
(b) four fifths of the fee if the application (application, appeal) was withdrawn at the latest by the beginning of the oral hearing and where there is no oral hearing before the first judicial action is carried out;
(c) a proportion of the fee if the registration in the land or railway book changes to the complaint.
(2) If the taxpayer has paid more than the rate set or has paid the fee without being obliged to do so, the excess shall be refunded to his application if he exceeds 5 CZK. However, if the court has amended the order imposing the charge (§ 12a) and if the charge has been paid in whole or in part, the full excess shall be refunded on official authority.
(3) The amounts recovered are rounded down to the whole of the Kčs.
(4) The right to reimbursement of the fee (excess) shall expire three years after the beginning of the calendar year following the year in which the facts referred to in paragraphs 1 and 2 occurred.
(5) Where a case has been ordered by another court (§ 17 ° S. §) or the court has referred the case to the competent court (§ 56 ° S. §), the fee shall not be refunded to the applicant (s), but the amount paid shall be charged on the charge to be paid to the court to which the case was ordered or to the competent court.
Obligations of judicial authorities and supervision.
(1) The judicial authorities are required to ensure that fees are correctly paid and enforced in due time.
(2) The judicial authorities shall check regularly that fees are levied and enforced in accordance with the applicable rules. The Ministry of Finance and the authorities entrusted with it shall exercise occasional supervision.
Jurisdiction of the President of the Chamber.
(1) The order determining the value of the subject matter of the proceedings or inviting the taxpayer to pay the fee or to refund the fee shall be issued by the President of the Chamber (single judge) without oral action.
(2) The Ministry of Justice may, in agreement with the Ministry of Finance, determine which acts entrusted to the President of the Chamber under paragraph 1 may be carried out by a Registry.
Transitional provisions.
(1) In proceedings initiated prior to the application of this Act, fees shall be paid according to the existing rules, unless otherwise specified.
(2) In procedures exempted from charges under this Act and not yet completed, fees shall not be levied, except for those to which the State's entitlement has been established before the application of this Act. The flat-rate fee to be charged to the estate shall be collected only for proceedings concluded before the application of this law.
(3) The flat-rate fees to be levied to date for the high-level guardianship and guardianship care of the courts, and for the care of the welfare of the beneficiaries, are still collected for 1950.
(4) Paragraph 4 (3) shall apply to the obligation on the appellant (s) to pay the fee, even if the proceedings were initiated before the application of this law; This does not apply to the fee in the execution procedure.
(5) If the court is suspended pursuant to § 655 o. s., and any decisions taken in this proceedings are annulled, the fees paid shall not be refunded. Otherwise, the current provisions apply to the reimbursement of fees paid before the application of this Act.
Final provisions.
All provisions relating to the fees covered by this Law and the tariff schedule issued pursuant to it shall be repealed, in particular:
1. Article XLIII / 1914 on judicial fees,
2. Regulation No 279 / 1915 on judicial fees,
3. Act No. 38 / 1922 Coll., amending and supplementing the provisions on judicial fees,
4. Act No. 60 / 1925 Coll., on Charges before the Arbitration Court of the Crop Exchange in Bratislava,
5. Act No. 120 / 1931 Coll., amending and supplementing the provisions on judicial fees,
6. Act No. 255 / 1935 Coll., amending and supplementing the provisions on judicial fees,
7. § 29, 31 and 32 of Act No 14 / 1942 of the Slovak Republic amending and supplementing certain laws on fees,
8. Act No. 20 / 1948 Coll., amending and supplementing certain provisions on judicial fees and on verification of signatures,
9. § 2 and 3 of Act No. 135 / 1949 Coll., on the reimbursement of postage for consignments in court proceedings,
10. All the provisions of the Charges Act and the Charges Rules which apply to the fees provided for by this Act and the Regulations issued pursuant to it;
11. all provisions on benefits for official acts in administrative matters, provided that they provide for benefits for acts carried out by courts (prosecutors),
12. all provisions contained in non-charging provisions in so far as they concern the charges covered by this law, in particular the provisions on exemption from such charges.
Efficiency.
This Law shall take effect on 1 January 1951; It shall be implemented by finance and justice ministers in agreement with the participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Cable v. r.
Dr Rais v. r.
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Regulation Information
| Citation | Act No. 173 / 1950 Coll., on Judicial Charges |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.12.1950 |
|---|---|
| Effective from | 01.01.1951 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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