Act No. 198 / 1946 Coll.
Law on the abolition and amendment of judicial decisions on divorce or legal separation from the period of imprisonment
Valid
Effective from 08.11.1946
198.
Law
of 3 October 1946
on the abolition and amendment of judicial decisions on divorce or separation from the period of incapacity.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
(1) In accordance with the provisions of the Law of 9 April 1946, No 76 Coll., on the abolition and amendment of judicial decisions in civil matters of the law of the time of the infreedom, the divorce and legal separation of a marriage, may also be refused and sought annulment or change if the party sought divorce or legal separation for the sole reason for its concern against the imminent national, racial or political persecution or could not, for such a reason, defend itself effectively in the proceedings.
(2) The separation decision cannot be contradicted if one of the parties to the new marriage has so far concluded. Furthermore, a party who, seeking separation, had to be aware that it was giving the life or health of the other husband in serious danger, cannot oppose the decision of separation unless the other husband himself has given the initiative or agreed to seek separation.
(1) In accordance with Act No. 76 / 1946 Coll. or § 1 of that Act, no need for reparations between spouses, of which no marriage has been remarried, the marriage community, will personally notify the court which would have jurisdiction to decide on the resistance (§ 3 of Act No. 76 / 1946 Coll.) and propose that the separation decision be amended by rejecting the action (s) for separation.
(2) The Court of First Instance shall act and rule on an application in an undisputed procedure. It will comply with the proposal, unless there is reason to doubt the identity of the applicants and that their marriage has been parted, and that none of them has closed the new marriage since the separation.
(3) The notification and the application referred to in paragraph 1 may also be made before the district court of the common residence of the separated spouses; the district court shall refer them to the court competent pursuant to paragraph 1.
(4) The procedure under this paragraph shall be set out in the Rules of Procedure.
A party that cannot make changes to the separation decision on the sole ground that the other party has so far entered into a new marriage (Paragraph 1 (2)) shall be entitled to all claims which it would have had had been recognised as a separation for the sole fault of the other party.
This Act takes effect on the day of its publication and applies in the Czech and Moravian-Silesian countries; to be carried out by the Minister for Justice.
Dr Beneš v. r.
Gottwald v. r.
Dr Drtina v. r.
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Regulation Information
| Citation | Act No. 198 / 1946 Coll., on the Repeal and Amendment of Judgments on Divorce or on the Partitions of Insolvency |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.11.1946 |
|---|---|
| Effective from | 08.11.1946 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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