Act No. 192 / 2021 Coll.
Act amending Act No. 89 / 2012 Coll., Civil Code, as amended, Act No. 99 / 1963 Coll., Civil Code, as amended, and Act No. 292 / 2013 Coll., on Special Rules of Procedure, as amended
Valid
Law
Effective from 01.07.2021
Text versions:
01.07.2021
12.05.2021
192
THE LAW
of 28 April 2021
amending Act No. 89 / 2012 Coll., Civil Code, as amended, Act No. 99 / 1963 Coll., Civil Code, as amended, and Act No. 292 / 2013 Coll., on Special Judicial Procedures, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Civil Code
Act No. 89 / 2012 Coll., Civil Code, as amended by Act No. 460 / 2016 Coll., Act No. 303 / 2017 Coll., Act No. 111 / 2018 Coll., Act No. 171 / 2018 Coll., Act No. 33 / 2020 Coll. and Act No. 163 / 2020 Coll., is amended as follows:
1. In Paragraph 32 (2), at the end of the text of the first sentence, the words "that is not the case if the third party knew that the representatives contravened 'and the second sentence is deleted.
2. In Paragraph 36, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) Even if a minor who has not acquired full competence is able to act alone on a particular matter, it may be made conditional upon the agreement of the legal representative of the minor granted within a specified period, otherwise within two weeks of the request; This does not apply to legal acts of a personal nature and to legal acts under Paragraph 33. ';
3. In Section 898 (2) of the introductory part of the provision, the words "in particular 'are replaced by the words" always'.
4. in § 898 (2) (a) to (d):
'(a) acquires, exposes or imposes a real estate object or a share thereof;
(b) to dispose of or burden the property as a whole, unless its value does not exceed 20 times the minimum life of an individual under another legislation, or it obtains, exposes or exposes an asset in excess of 100 times the minimum of an individual under another legislation;
(c) conclude an agreement between the heirs on the amount of the inheritance or division of the estate, reject the inheritance or declare that he does not want a reference; or
(d) conclude a contract
1. Obligation to continue or renew or to contract for a period of more than three years in respect of his or her residence or for a period lasting even after his or her maturity has been acquired by the child; or
2. credit or equivalent. ';
5. Paragraph 898 (3) reads as follows:
"(3) If it is in the interests of the child, the court may restrict the scope of the legal proceedings subject to the consent of the court. '
6. In Section 898, the following paragraph 4 is added:
"(4) If a parent acts as a child without the consent of the court, legal proceedings may be declared invalid only if they are harmful to the child. '
7. The following Section 899a is inserted after Section 899:
(1) The payment of a cash debt from the legal act of a minor who has not acquired full professional capacity can only be recovered from assets acquired by the minor prior to the acquisition of full professional capacity and assets acquired by a legal act relating exclusively to property acquired before the acquisition of full professional capacity; This does not apply to the cash debt incurred in the course of a gainful activity under Paragraph 33.
(2) A parent who has acted as a child or has given his or her consent to legal proceedings shall be liable for the child's cash debt arising from legal proceedings before the acquisition of full independence; This is without prejudice to Paragraph 876 (3). The guarantor cannot enforce the debt settlement from the debtor. '
8. In Paragraph 1932, the words "and the creditor agrees' shall be added at the end of the text of paragraph 1.
9. Paragraph 1932 (2) reads as follows:
"(2) If the debtor is a consumer who is late in performing the debt, the performance shall first be credited to the costs already determined, then to the principal of the claim, then to interest and finally to late interest. '
10. In Paragraph 2048, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) A minor who has not completed 15 years at the time of the arrangement shall not be taken into account for the arrangement by which he has committed himself to the performance of the contractual fine. '
11. In Article 2279 (4), the part of the sentence after the semicolon is replaced by the words "to those who cannot act without a legal representative, guardian or guardian, that period shall end one month from the date on which the legal representative obtained or when the guardian or guardian took office 'and the sentence" The day of milking of the notice to the lessor's lease shall cease' is added.
12. The following Section 2282a is inserted after Section 2282:
(1) In the case of a minor who has not acquired full professional capacity on the date of death, the payment of the rent debt may be recovered only from the assets referred to in Section 899a (1). This is also the case if, as a member of the tenant's household, he is bound by the debts arising from the lease before his death.
(2) The legal representative, guardian or guardian who did not terminate for a minor, although he could reasonably have assumed that he would not be able to fulfil the obligations arising from the lease, is liable for the debt arising from the lease arising from the date on which he took office if he lived with the minor in the apartment after the transfer. The guarantor cannot enforce the debt settlement from the debtor. '
13. in Article 2920 (1) and (2), the words "completed thirteen years" shall be inserted after the words "completed thirteen years";
14. In Article 2920, the following paragraph 3 is added:
"(3) Damage caused by minors under 13 years of age will be compensated by those who have neglected due diligence. If there is no damage due to negligence of due supervision, the minor shall be replaced by a minor who is eligible by an act of the nature of the intentional offence or if this is fair in view of his property and property circumstances of the injured party. ';
15. In the first sentence of Article 2921 (1), the words "if he is a minor who has completed 13 years, or if he is suffering from mental illness," shall be inserted after the word "pest."
16. In Article 2921, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) If a minor pest is not obliged to be replaced and the damage is not caused by negligence of due supervision, the damage shall be refunded by the person who has full parental responsibility and towards the child, if it is fair in view of his property and property conditions of the injured person. ';
Transitional provisions
1. The existing legislation shall apply to the legal situation of the person who completed the twenty-first year of age before the date of entry into force of this Act, which arose before the date of entry into force of this Act.
2. Paragraph 1932 of Act No. 89 / 2012 Coll., as effective before the date of the entry into force of this Act, applies to the performance of the debt arising from the legal act before the date of entry into force of this Act.
3. The right to comply with a contractual fine or periodic penalty payment which arose before the date of entry into force of this law shall be assessed in accordance with existing legislation. However, only to the extent provided for in Section 899a (1) of Act No 89 / 2012 Coll., as effective from the date of entry into force of this Act, can the recovery of this debt be made from the assets of a person who completed the twenty-first year of age at the earliest on the date of entry into force of this Act.
4. If an infringement has occurred before the date of entry into force of this Act, the right to compensation under existing legislation shall be assessed.
5. The waiver, waiver or other action by the creditor towards the end or reduction of the recovery of the debt arising before the date of entry into force of this law to a person who did not acquire full independence at the time of the occurrence of the debt shall not be considered as a breach of the obligations associated with the management of the property.
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, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No.
1. In Paragraph 50b (4), the words "; a minor who has completed 15 years shall also be served if he is represented by a legal representative in accordance with § 22 'shall be added at the end of the text in point (b).
2. In Paragraph 114b, at the end of the text of paragraph 1, the words "or if the defendant is a minor who has not acquired full independence at the date of the opening of proceedings or the date of entry into proceedings' shall be added.
3. In Article 114c (6), the words "or if the defendant is a minor who has not acquired full professional capacity at the date of the opening of the procedure or the date of entry into proceedings' shall be inserted after the words" 2 '.
4. In Article 153b (3), the words "or if 'are replaced by the words" if' and at the end of the text of the paragraph the words "or if the defendant is a minor who has not acquired full professional capacity 'are added at the date of the opening of the proceedings or the date of entry into proceedings.
5. In Section 172, at the end of paragraph 2, the dot is replaced by a semicolon and the following point (c) is added:
"(c) where the defendant is a minor who has not acquired full capacity on the date of the opening of proceedings or the date of entry into proceedings."
6.
Paragraph 177 to 180 shall apply where it is clear from the action that the applicant seeks protection of the affected holdings. The plaintiff shall refer to the action as an action for a cancellation. Paragraph 41 (2) shall be without prejudice to this. ';
7. The following Section 262c is inserted after Section 262b:
(1) Where the enforcement of a decision is to satisfy a monetary claim arising from an obligation arising at a time when he was a minor who had not acquired full professional capacity, the enforcement of the decision may only be punishable by property acquired by the debtor before the acquisition of full professional capacity and property acquired by a legal act relating solely to property acquired before the acquisition of full professional capacity; This does not apply to cash claims arising from the separate operation of a business establishment or other similar gainful activity under specific legislation.
(2) Where a property which cannot be affected by the enforcement of a decision is affected in breach of paragraph 1, the debtor may, in that part, request the suspension of enforcement of the decision. The court must be informed of this when ordering enforcement. '
Transitional provisions
1. Act No. 99 / 1963 Coll., as effective from the date of entry into force of this Act, shall also apply to proceedings initiated before the date of entry into force of this Act; the legal effects of the proceedings before the date of entry into force of this Act remain.
2. Paragraph 262c of Act No. 99 / 1963 Coll., as effective from the date of entry into force of this Act, shall also apply to proceedings initiated before the date of entry into force of this Act, if the compulsory person who completed the twenty-first year of age is at the earliest on the date of entry into force of this Act.
3. The court of the debtor shall inform the court of the proceedings initiated before the date of the entry into force of the law in a resolution on the enforcement order, if that order was issued at the earliest on the date of entry into force of that law, of the possibility of seeking termination of enforcement pursuant to Article 262c of Act No. 99 / 1963 Coll.
Amendment to the Law on Special Proceedings
Under Article 22 of Act No. 292 / 2013 Coll., on Special Proceedings of the Court, as amended by Act No. 87 / 2015 Coll., Act No. 161 / 2016 Coll., Act No. 189 / 2016 Coll., Act No. 298 / 2016 Coll., Act No. 343 / 2020 Coll., Act No. 527 / 2016 Coll., Act No. 460 / 2016 Coll., Act No. 296 / 2017 Coll., Act No. 303 / 2017 Coll., Act No. 343 / 2020 Coll., Act No. 527 / 2020 Coll., and Act No. 588 / 2020 Coll., the following Section 22a is inserted:
Copy from the Register of Penalties
A copy of the Register of Penalties shall be issued to the court at its request for legal proceedings in matters relating to the custody, adoption and custody of minors. An application for a copy of the Register of Penalties and a copy of the Register of Penalties shall be sent in electronic form in a way that allows remote access. ';
EFFECTIVE
This Act shall take effect on 1 July 2021.
Vondracek v. r.
Zeman v. r.
Babiš v. r.
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Regulation Information
| Citation | Act No. 192 / 2021 Coll., amending Act No. 89 / 2012 Coll., Civil Code, as amended, Act No. 99 / 1963 Coll., Civil Code, as amended, and Act No. 292 / 2013 Coll., on Special Proceedings, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.05.2021 |
|---|---|
| Effective from | 01.07.2021 |
| Effective until | - |
| Status | Valid |
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