Act No. 202 / 2002 Coll.
Act amending Act No. 99 / 1963 Coll., Civil Code, as amended, Act No. 182 / 1993 Coll., on the Constitutional Court, as amended, Act No. 89 / 1995 Coll., on the State Statistical Service, as amended, Act No. 77 / 1997 Coll., on the State Enterprise, as amended, Act No. 218 / 2000 Coll., on the Budget Rules and on the Amendment to Certain Related Laws (Budgetary Rules), as amended, Act No. 65 / 1965 Coll., Labour Code, as amended, and Act No. 219 / 2000 Coll., on the Property of the Czech Republic and its Presence in Legal Relations, as amended
Valid
Law
Effective from 01.07.2002
202
THE LAW
of 24 April 2002
amending Act No. 99 / 1963 Coll., Civil Code, as amended, Act No. 182 / 1993 Coll., on the Constitutional Court, as amended, Act No. 89 / 1995 Coll., on the State Statistical Service, as amended, Act No. 77 / 1997 Coll., on the State Enterprise, as amended, Act No. 218 / 2000 Coll., on the Budget Rules and on the Amendment to Certain Related Laws (Budgetary Rules), as amended, Act No. 65 / 1965 Coll., Labour Code, as amended, and Act No. 219 / 2000 Coll., on the Property of the Czech Republic and its Act on its Presence in Legal Relations, as amended
Parliament has decided on this law of the Czech Republic:
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. 269 / 1990 Coll., Act No. 117 / 1991 Coll., Act No. 152 / 1994 Coll., Act No. 216 / 1995 Coll., Act No. 54 / 1995 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll., Act No. 204 / 2000 Coll., Act No. 220 / 2000 Coll., Act No. 227 / 2000 Coll., Act No. 367 / 2000 Coll., Act No. 370 / 2000 Coll., Act No. 120 / 2001, Act No. 137 / 2001 Coll., Act No. 231 / 2001 Coll., Act No. 271 / 2001 Coll., Act No. 501 / 2001 Coll. and Act No. 151 / 2002 Coll., is amended as follows:
1. In Paragraph 20, the present text becomes paragraph 1 and the following paragraph 2 is added:
"(2) If a special law admits, instead of a State, to someone else's ability to act individually before a court in a matter relating to the assets of the State, that person shall act as a participant. '
2. the following Article 21c is inserted after Article 21b, including footnote 55a:
(1) In cases where, pursuant to special legislation 55a), the Office for the Representation of the State in matters of property is acting before the court on behalf of the State, its staff responsible for the Director of the Office for the Representation of the State in matters of property.
(2) Paragraph 21 (4) and (5) applies mutatis mutandis.
55a) Act No. 201 / 2002 Coll., on the Office for the Representation of the State in Property Matters. '
3. The following Section 35a is inserted after Section 35:
(1) Specific legislation55a) provides in which cases and under which conditions the Office for the Representation of the State may make a request to initiate proceedings or to intervene in matters of property.
(2) Where the Office for the Representation of the State in matters of property matters enters the proceedings referred to in paragraph 1, it shall be entitled to all acts which may be carried out by a party to the proceedings, except in the case of acts which only a party to the legal relationship may perform. "
4. In Paragraph 48, the following paragraph 3 is added:
"(3) A document addressed to the Office for the Representation of the State in property matters, which is a party to the proceedings or entered the proceedings (§ 35a), shall be served at the address of its territorial establishment. A document, including a document delivered into its own hands, shall be entitled for the Office for the Representation of the State in matters of property, to take over the staff who have been authorised to receive the documents in the context of the territorial establishment; If they are not, the document shall be submitted to the staff member responsible for managing the territorial unit. ';
5. The following Section 48e is inserted after Section 48d:
If the Office for the Representation of the State is acting in court in matters of property (§ 21c), the document shall be served at the address of its territorial establishment. The second sentence of Paragraph 48 (3) shall apply mutatis mutandis to the receipt of the document. ';
6. In Paragraph 142 (4), the second sentence is added: "This shall apply mutatis mutandis if the proceedings were initiated on a proposal from the Office for the Representation of the State in cases and under the conditions set out in Section 35a. '
7. In Article 157 (1), the words "and the Office for the Representation of the State in Property matters' shall be inserted after the words" Participation of the Prosecutor '.
8. In Section 203, the following paragraph 3 is added:
"(3) The Office for the Representation of the State in matters of property may appeal only in the cases and under the conditions set out in Paragraph 35a and only if it has entered the proceedings before the expiry of the period of appeal for all parties. '
9. In Paragraph 231, the following paragraph 3 is inserted after paragraph 2:
"(3) The Office for the Representation of the State in property matters, if it is not directly a party to the proceedings, may, for the reasons set out in Section 229, bring an action for confusion only in the cases and under the conditions set out in Section 35a. If the Office for the Representation of the State has not entered the proceedings in which the contested decision was given, it may bring the action until the time limit of one of the parties has expired if it simultaneously enters the proceedings (§ 35a). '
Paragraph 3 shall become paragraph 4.
Amendment to the Constitutional Court Act
In Article 30 of Act No. 182 / 1993 Coll., on the Constitutional Court, paragraph 1 is replaced by the following:
"(2) If a State is a party or an intervener to proceedings before the Constitutional Court, it shall act as a State organisational body of the State responsible under a specific law and, in proceedings on behalf of the State, shall act as the head of the State organisational body or by its authorised staff of that State organisational body; This is without prejudice to the right of the State to be represented in the manner set out in Paragraph 29. If, pursuant to the special legislation (2a), the Office for the Representation of the State is acting in the proceedings on behalf of the State, its staff shall act on behalf of the State, appointed by the Director of the Office for the Representation of the State in matters of property.
2a) Act No. 201 / 2002 Coll., on the Office for the Representation of the State in Property. '
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
Amendment of the State Statistical Service Act
In Paragraph 2 (7) of Act No. 89 / 1995 Coll., on the State Statistical Service, as amended by Act No. 220 / 2000 Coll., the words "which is an entity," are inserted after the words "the organisational component of the State."
Amendment of the State Enterprise Act
Act No. 77 / 1997 Coll., on a State Company, as amended by Act No. 30 / 2000 Coll., Act No. 220 / 2000 Coll., Act No. 103 / 2001 Coll. and Act No. 77 / 2002 Coll., is amended as follows:
1. In Paragraph 2, the words "and does not have its own property 'shall be added at the end of paragraph 2.
2. Paragraph 16 (2) reads as follows:
"(2) In the management of the State's property, the undertaking exercises the right of the owner under special law, acts in its own name in legal relations with the State's assets and participates in proceedings before courts and other bodies in matters relating to the State's assets, including the procedure for determining whether or not the State's ownership or other similar law is there. '
3. In Article 16 (3), the second sentence is deleted.
Amendment of the budgetary rules law
In Section 66 (1) of Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules), the words "Organizational items' are replaced by the words" Unless otherwise provided for by specific legislation, the organisational elements'.
Amendment of the Act on the assets of the Czech Republic and its presentation in legal relations
Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its representation in legal relations, as amended by Act No. 492 / 2000 Coll., Act No. 229 / 2001 Coll., Act No. 320 / 2001 Coll. and Act No. 501 / 2001 Coll., is amended as follows:
1. Paragraph 2 (3) reads as follows:
"(3) This law shall not apply to acts and procedures of the competent authorities where they conduct criminal, civil, administrative or other similar proceedings or propose and approve legislation. ';
2. In Article 11 (1) (f), the words "criminal proceedings or infringement proceedings' are replaced by the words" criminal, criminal and other similar proceedings'.
3. Paragraph 11 (2), including footnote 15a, reads:
"(2) In other cases with the property referred to in § 10, the Office for the Representation of the State shall manage the property. 15a) If the organisational body referred to in paragraph 1 finds that it is not competent to manage a particular property referred to in Paragraph 10, it shall inform the other organisational body referred to in paragraph 1 or the Office for the Representation of the State in matters of property. If the Office for the Representation of the State finds that, in the case of certain assets referred to in Paragraph 10, the management of the organisational component referred to in paragraph 1 is the responsibility of the Office for the Representation of the State in matters of property, it shall inform that branch of such assets.
15a) Act No. 201 / 2002 Coll., on the Office for the Representation of the State in Property. '.
4. Paragraph 11 (3) reads as follows:
"(3) Where the jurisdiction referred to in the preceding paragraphs cannot be determined or significant reasons for changing the jurisdiction of the organisational units referred to in paragraph 1 or 2 are given in a case-by-case basis, the Ministry of Finance shall determine, or, where appropriate, amend, the jurisdiction of the Ministry of Finance on request or on its own initiative by means of its measures (§ 20); in an exceptional case, jurisdiction and the organisational component not referred to in paragraphs 1 or 2 may be established in this way. Paragraph 9 (2) and (3) shall apply mutatis mutandis. ';
5. Paragraph 11 (4) and (5) are deleted.
6. In Paragraph 12 (3), the second sentence is deleted.
7. In Paragraph 12 (4), the following sentence is inserted after the second sentence: "This shall apply mutatis mutandis if the property is acquired at auction. 17a) '.
footnote 17 (a) reads:
"17a) For example, Act No. 26 / 2000 Coll., on public auctions, as amended, Act No. 99 / 1963 Coll., Civil Code, as amended. '
8. In Paragraph 12 (5), the words "the acquisition of assets in an auction 17a) 'shall be inserted after the words" the amount admissible under paragraph 4'.
9. In Article 14 (6), the words "imposing specific legislation or legislation on the debtor 'shall be inserted after the words" in favour of the State'.
10. in Paragraph 14 (7), the words "in particular" shall be inserted after the words "unnecessary for these purposes."
11. in Article 15 (2), the words "Property referred to in paragraph 1" shall be replaced by the words "Property referred to in paragraph 1 shall not be the subject of a decision pursuant to paragraph 14 (7) and shall be required."
12. In Article 18, the words "(11)) 'shall be inserted after the words" the relevant organisational component' and the words "the competent management of the property 'shall be replaced by the words" the relevant management of the property'.
13. In Paragraph 21 (1), the words "by contract to transfer only a case which is" shall be replaced by "by a contract to transfer a case only under the conditions laid down in § 22 to 24 and only if that case is."
14. in Paragraph 22 (3) (b), including footnote 36a, the following shall be added:
"(b) a joint ownership interest in the benefit of the joint owner on the basis of a pre-purchase right 36a) or a co-ownership interest in the land for the benefit of the owner of the apartment or non-residential space under a special legislation, 37)
36a) § 140 of the Civil Code. '.
15. In Paragraph 22, the dot is replaced by a comma at the end of paragraph 3 and the following point (f) is added:
"(f) land exchanged for the purpose of acquiring another owner's land."
16. in Paragraph 22 (4):
"(4) Approval by the Ministry of Culture requires contracts for the transfer of movable and immovable property declared a cultural monument and collections of a museum nature."
17. In Paragraph 22, at the end of paragraph 5, the dot is replaced by a comma and the words "if not contracts subject to approval under paragraph 4 'are added.
18. In Paragraph 22 (6), the first sentence is replaced by the following sentence: "The founder may reserve, in whole or in part, the approval of contracts for the transfer of movable property not subject to approval under paragraph 4, provided that they are concluded by the organizational bodies set up by him and are not in the process provided for in Article 15 (2)."
19. Paragraph 26 (1), including footnote 41a, reads:
"(1) To the extent necessary, non-movable goods may be subject to a contractual burden for the purpose of establishing or operating a technical equipment network (41) and public utility constructions (41a), or to ensure the necessary access of the owner to its construction. In other cases, for serious reasons, the Ministry of Finance may authorise the exemption.
Article 108 of the Building Act. '
20. In Paragraph 27 (3), the second sentence is replaced by the following sentence: "Free use can only be negotiated with persons who are not engaged in business, 44a) and only to ensure the exercise of the state administration in a delegated capacity or for the purposes of social, humanitarian, fire protection, protection of the population, an integrated rescue system, educational, scientific, cultural, sporting and physical protection. '
Footnote 44a) reads as follows:
"44a) § 2 (1) of the Commercial Code. '.
21. in Paragraph 28 (3), the words "With the State's assets" shall be replaced by the words "the assets may be entered in the commercial companies and the State's assets."
22. in Paragraph 30 (1), the words "or civil association 48a)" shall be inserted after the words "cooperative 48)."
Footnote 48a) reads as follows:
"48a) Act No. 83 / 1990 Coll., on the association of citizens, as amended. '
23. In Paragraph 39 (1), the words "acceptance of an undertaking or recognition of a claim 'are replaced by the words" contractual acceptance of an undertaking or recognition of a right which has not been established by law'.
24. In Paragraph 39 (2), after the words "in the settlement of an inheritance by agreement ', comma shall be replaced by a dot, the words" as well as the conclusion of an agreement to issue a case or to provide compensation under specific legislation. (59) "the second sentence shall be deleted and the following sentence shall be added:" The provisions of paragraph 1, second and third sentences, shall not apply if they are taking part in the issue of a case or other settlement of restitution entitlements in accordance with the procedure laid down in specific legislation. 59). "
Footnote 59) reads as follows:
"59) For example, Act No. 87 / 1991 Coll., on extrajudicial rehabilitation, as amended, Act No. 229 / 1991 Coll., on the treatment of property relations with land and other agricultural property, as amended. '
25. in Article 44 (2), the words "§ 27 (5)," shall be inserted after the words "§ 12 (4), (7) and (8)," the words "§ 28 (1)," and the words "§ 28 (3)" shall be added and the words "§ 29" shall be added.
26. In Paragraph 47 (3), "paragraph 1 'is replaced by" paragraph 2';
27. in Article 54 (1), the fourth and fifth sentences are replaced by the following: "The scope of this Act shall not apply to state undertakings established under Act No 77 / 1997 Coll., as amended, including those deemed to be established under that Act, to state organisations governed by that Act, to the extent specified by the special legislation, and to Buddějovice Budvar, a national undertaking. The management of these state organisations shall be governed by specific legislation. ';
28. In Article 55 (1), the words "including the procedure for determining whether the State's ownership or other similar law is or is not a party to proceedings before the courts and other authorities in matters relating to property 'shall be inserted after the words" taking part in proceedings in matters relating to property'.
29. in Article 56 (2), the word "(founder)" shall be inserted after the words "with the prior consent of its founder" and after the words "if it does not have a founder."
30. In Article 60a, the words "neither the Ministry of the Environment pursuant to § 22 (5) 'shall be added at the end of paragraph 6.
The membership of a State or of a State organisation in a civil society association which is established before the date of entry into force of this Act shall be assessed in accordance with the existing rules; the rights arising from this membership are dealt with in accordance with Act No. 219 / 2000 Coll., on the property of the Czech Republic and its presentation in legal relations, as amended.
By the date of the entry into force of this Act, Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its presentation in legal relations, as amended, applies to all existing state organisations, including those excluded from the scope of that Act on 31 December 2001 under § 54 paragraph 1 of the Act No. 219 / 2000 Coll., on the property of the Czech Republic and its appearance in legal relations, as amended by Act No. 501 / 2001 Coll. This does not apply to public undertakings established under Act No. 77 / 1997 Coll., on a State Company, as amended, including those deemed to be established under that Act, to state organisations governed by that Act to the extent provided for by the Special Act and to Budvar, a national enterprise.
The Prime Minister is hereby authorised to declare in the Collection of Laws the full text of Act No. 219 / 2000 Coll., on the property of the Czech Republic and its appearance in legal relations, as is apparent by the laws amending it.
EFFECTIVE
This Law shall take effect on 1 July 2002.
Klaus v. r.
Havel v. r.
v Rychetský v. r.
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Regulation Information
| Citation | Act No. 202 / 2002 Coll., amending Act No. 99 / 1963 Coll., Civil Code, as amended, Act No. 182 / 1993 Coll., on the Constitutional Court, as amended, Act No. 89 / 1995 Coll., on the National Statistical Service, as amended, Act No. 77 / 1997 Coll., on a State Company, as amended, Act No. 218 / 2000 Coll., on the Budget Rules and on the Amendment of Certain Related Laws (Budgetary Rules), as amended, Act No. 65 / 1965 Coll., Labour Act, as amended, and Act No. 219 / 2000 Coll., on the Property of the Czech Republic and its Presenting in Legal Relations, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.05.2002 |
|---|---|
| Effective from | 01.07.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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