Act No. 205 / 2005 Coll.
Act amending Act No. 99 / 1963 Coll., Civil Code, as amended, and Act No. 85 / 1996 Coll., on Advocate General, as amended
Valid
Effective from 01.08.2005
Text versions:
01.08.2005
27.05.2005
205
THE LAW
of 3 May 2005
amending Act No. 99 / 1963 Coll., the Civil Code, as amended, and Act No. 85 / 1996 Coll., on Lawyer, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Civil Code
Act No. 2001 / 2001, Act No. 100 / 2001, Act No. 100 / 2001, Act No. 100 / 2001, Act No. 100 / 2001, Act No. 100 / 2001, Act No. 100 / 2001, Act No. 99 / 2001, Act No. 100 / 2001, Act No. 99 / 2001, Act No. 99 / 2001, Act No. 99 / 2001, Act No. 99 / 2001, Act No. 99 / 2001, Act No. 99 / 2001, Act No. 99 / 2001, Act No. 2001, Act No. 2001, Act No. 2001, Act No. 2001, Act No. 99.
1. In Article 35, the following paragraph 4 is added:
"(4) The Court of First Instance shall inform the Prosecutor of the initiation of the proceedings referred to in paragraph 1 (e) and (g).";
2. In Article 140 (2), the words "or the procedural guardian 'shall be inserted after the words" the participant's representative'.
3. In Paragraph 186 (2), the word "investigated 'is replaced by the words" persons whose legal capacity is at issue ("investigated') '.
4. In Paragraph 186 (3), the words "three years' are replaced by the words" one year from the date of the decision '.
5. Paragraph 187 (1) reads as follows:
"(1) The investigator shall be entitled to be represented as a party in the proceedings by the representative of his choice; on this and on its other procedural rights and obligations (Section 5), the investigator must be instructed. The President of the Chamber shall appoint a guardian for legal proceedings. '
6. In Paragraph 187, at the end of paragraph 2, the sentence "If the investigator himself asks to be heard, the court shall hear him."
7. In the second sentence of Paragraph 187 (3), "three months' is replaced by" six weeks'.
8. Article 188 shall be deleted;
9.
The Court of First Instance may decide to waive the notification of a decision on eligibility to legal proceedings if, according to the conclusions of the expert opinion (§ 187 (3)), the addressee is unable to understand the meaning of the decision. '
10. In Paragraph 191 (1), the sentence "However, the cost of legal representation does not apply, except in the cases referred to in Paragraph 30 (2) of this Law."
11. in Article 191 (2), the words "the guardian of proceedings" shall be inserted after the words "his representative."
12. in Article 191a (1), the words "sick" shall be deleted;
13. in Article 191b (1), the words "(hereinafter referred to as" located ")" shall be inserted after the words "pursuant to Article 191a."
14. in Paragraph 191b (1), the word "do" shall be replaced by "under Paragraph 191a (1) or the restriction under Paragraph 191a (2) (hereinafter referred to as" take-over ") and further possession in."
15. in Paragraph 191b (2):
"(2) The person placed shall be entitled to be represented as a party in the proceedings by the representative of his choice; on this and on his other procedural rights and obligations (Section 5), he must be informed if his health permits. If a representative is not elected, the President of the Chamber shall appoint a guardian for legal proceedings. '.
16. in Article 191b (3), the words "(Article 191a (1) and (2))" shall be deleted;
17. in Paragraph 191b (3), the word "sick" is replaced by the word "placed."
18. in Article 191b (3), the words' or, where appropriate, other persons for whom the person responsible has requested to be heard shall be inserted after the words "treating doctor"; This is without prejudice to the right of the court to refuse to conduct an interview with the persons proposed by the locator, unless it is clear what may be established by the hearing. '
19. in Article 191c (1), the word "he" and "(guardian)" shall be replaced by the words "or the guardian for proceedings."
20. in Article 191d (1), the words "the grounds and the places of residence are limited or excluded from" shall be replaced by "the grounds, and the places of residence shall continue to be limited in."
21. Paragraph 191d (2) reads:
"(2) In order to determine the health status of the establishment and to determine whether further possession of the establishment is or is not necessary, the court shall appoint an expert. The expert may not be appointed by a doctor who works in the institution in which he is held. '
22. in Paragraph 191d (3), the words "and his representative (guardian)" shall be replaced by the words "his representative or guardian for proceedings."
23. § 191f reads:
The person placed, his representative, the guardian and the persons close to him may, before the expiry of the period in which the holding is admissible, apply for a new examination and for a decision to be released if there is reason to believe that further holding in the Institute is not justified. Paragraph 191d (2) to (4) shall apply mutatis mutandis to the procedure. If the court repeatedly rejects the application for dismissal and cannot expect an improvement in the situation of the locator, it may decide not to conduct further investigations before the expiry of the period for which the holding in the Institute was authorised. '
Amendment to the Lawyer Act
Act No. 85 / 1996 Coll., on Advocacy, as amended by Act No. 210 / 1999 Coll., Act No. 120 / 2001 Coll., Act No. 6 / 2002 Coll., Act No. 228 / 2002 Coll., the Constitutional Court found under Act No. 349 / 2002 Coll., Act No. 192 / 2003 Coll., Act No. 237 / 2004 Coll., Act No. 284 / 2004 Coll. is amended as follows:
1. In Paragraph 1, at the end of paragraph 2, the sentence "The provision of legal services shall also be understood to mean the activity of a guardian for proceedings provided for under the special legislature1), where it is carried out by a lawyer."
Footnote 1:
"(1) For example, § 187 (1) and § 191b (2) of the Civil Code, § 91 (2) of the Law on the Judiciary in Youth Matters."
Footnotes 1 to 1b to date are renumbered as footnotes 1a to 1c, including the footnotes.
2. In Article 33 (3), the words "part of the sentence after the semicolon 'are replaced by the words" second sentence';
3. in § 41 (1) (f) and § 52 (2), the words "Czech Bar Association" are replaced by the words "Chamber."
4. In Paragraph 42 (3), the word "three 'is replaced by" four'.
5. Paragraph 42 (5) reads as follows:
"(5) The Assembly is capable of kidnapping regardless of the number of lawyers present. The resolution of the Assembly shall be adopted if the majority of the lawyers present have voted for it. In selecting the members and alternates of the Chamber's bodies, the number of votes cast to the individual candidates shall be decided by the lawyers who took part in the election; If there is only one candidate, it is necessary to elect that candidate to receive an absolute majority of the votes of the lawyers who took part in the election. At least three-fifths of the votes of the lawyers who took part in the vote on the appeal shall be sufficient to dismiss the member or alternate of the Chamber's organs. ';
6. In Article 43 (a), the word "three 'is replaced by" four';
Transitional provisions to Part Two
1. The term of the parliamentary term of the current members and alternates of the Board of Directors, the Board of Supervisors and the panel of the Czech Bar Association is governed by existing legislation.
2. The meeting of the board of directors of the Czech Bar Association is governed by existing legislation.
EFFECTIVE
That law shall take effect on the first day of the third calendar month following its publication, with the exception of points 2 to 6 of Part Two of Article II and Article III thereof, which shall take effect on the day of its publication.
Zaoralek v. r.
Klaus v. r.
Paroubek v. r.
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Regulation Information
| Citation | Act No. 205 / 2005 Coll., amending Act No. 99 / 1963 Coll., Civil Code, as amended, and Act No. 85 / 1996 Coll., on Advocate, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.05.2005 |
|---|---|
| Effective from | 01.08.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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