Decree No. 175 / 1950 Coll.
Nariadenie o pravdeniach potrebné pre oslobodenie od súdnych platákov a preddavkov a pre ustanie prostacu
Valid
Effective from 01.01.1951
175
Government Regulation
of 12 December 1950
on the certificates required for exemption from judicial fees and advances and for the provision of a representative. *)
The Government of the Czechoslovak Republic orders pursuant to § 143 paragraph 2 of Act No. 142 / 1950 Coll., on Civil Procedure (Civil Code of Judicial Procedure):
The court protectors shall draw up and issue a certificate of personal, family, property and earnings as referred to in Article 143 (1) of the Civil Code by their guardian court.
(1) Other physical persons shall be certified in accordance with Section 143 (1) of the Civil Code by the local national committee at their request.
(2) The applicant shall submit the relevant model (Section 3), completed with true data to the local national committee in duplicate.
Models for confirmation pursuant to § § 1 and 2 shall be declared by the Ministers of Justice and Home Affairs on the official list.
The local national committee shall issue a certificate on one of the copies submitted on the basis of the facts known to it or on the basis of the documents submitted by the applicant. If the income of the claimant is not from the employment (teaching) ratio or from national insurance, it is sufficient to issue a certificate of his affidavit made under Act No. 173 / 1948 Coll., on the honorary declaration in administrative proceedings.
(1) Persons legally or officially appointed for the management of property shall be certified in accordance with Article 143 (1) of the Civil Code by the supervisory authority competent under the special rules.
(2) The supervisory authority shall indicate in this certificate the last established status of the assets and shall state whether it is possible to obtain the payment required for the legal proceedings from the resources of the legal person or the assets administered.
If the applicant does not have a residence or residence in the Czechoslovak Republic, he shall submit a certificate, which shall be issued to him by the competent authorities of the State where the applicant lives or resides, in accordance with the rules in force. If the authorities of that State do not issue or refuse a certificate, a certificate issued by the competent Czechoslovak representative office shall suffice.
When deciding on exemption from judicial fees and advances and on the provision of a representative, the court shall not be bound by the content of the certificate.
(1) Exemption from judicial fees and advances or the provisions of a representative may not be authorised under a certificate issued less than six months before the request for exemption or the provision of a representative.
(2) The exemption from judicial fees and advances authorised by the parties to the proceedings in which the Enforcement Order has been issued shall also apply to the enforcement proceedings, if the party proposes execution within one year of the legal authority of the decision on the substance of the case.
This Regulation shall enter into force on 1 January 1951; they shall be carried out by the Ministers for Justice and Home Affairs.
Zaporocký v. r.
Nosek v. r.
Dr Rais v. r.
*) Official Czech version published in the Annex to the Collection on page 325.
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Regulation Information
| Citation | Decree of the Government No. 175 / 1950 Coll., o vradeniach potrebné pre oslobodenie od súdnych platákov a preddavkov a pre ustanie proscu |
|---|---|
| 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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