Act No 214 / 2000 Coll.
Act amending Act No. 328 / 1991 Coll., on bankruptcy and settlement, as amended
Valid
Law
Effective from 21.07.2000
Text versions:
21.07.2000
214
THE LAW
of 23 June 2000
amending Act No. 328 / 1991 Coll., on bankruptcy and settlement, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 328 / 1991 Coll., on bankruptcy and settlement, as amended by Act No. 122 / 1993 Coll., Act No. 42 / 1994 Coll., Act No. 74 / 1994 Coll., Act No. 117 / 1994 Coll., Act No. 156 / 1994 Coll., Act No. 224 / 1994 Coll., Act No. 84 / 1995 Coll., Act No. 94 / 1996 Coll., Act No. 151 / 1997 Coll., Act No. 12 / 1998 Coll., Act No. 27 / 2000 Coll., Act No. 30 / 2000 Coll., and Act No. 105 / 2000 Coll., is amended as follows:
1. In the fourth sentence of Article 20 (5), "(Article 32 (2)) 'is replaced by" (Article 32 (4))'.
2. the heading of Part Four shall read:
"COMMON PROVISIONS '.
3. Under the heading of Part Four, the following Sections 66a to 66c are inserted:
"Management provisions
(1) The provisions of the Civil Code shall apply mutatis mutandis to bankruptcy and settlement, unless otherwise provided for in this law.
(2) The Court of First Instance shall act by order. The proceedings shall be ordered only if the law so provides or if the court considers it necessary.
(1) The court may also order interim measures in order to secure the debtor's assets. The court may order interim measures of its own motion.
(2) An appeal shall not be admissible against a decision of the court which the court has taken in carrying out surveillance activities pursuant to Article 12.
(3) The interruption of the procedure shall not be permitted unless otherwise provided for in a specific law.
(4) Forgiveness of the delay shall not be permitted.
(5) Recovery is not permitted.
(1) The documents may be served, served by the parties to the proceedings or communicated to them by means of the publication in the Trade Bulletin, by means of a document, a summons or a notice on the official record of the court and by a simultaneous publication in the Trade Journal; the publication in the Commercial Journal need not contain a justification. The date of service of the document or the date of notification shall be deemed to be the date of publication in the Commercial Bulletin, unless the law provides otherwise.
(2) The provisions of paragraph 1 may not be applied if the law provides for a special form of service, summons or awareness for certain persons or cases. Furthermore, they may not be used for the service of the order on interim measures, the order on the rejection of the application for bankruptcy, the order on the termination of proceedings and the order on the establishment of the trustee, the representative of the trustee, the special administrator, the interim trustee, the equalisation trustee, the guardian or expert.
(3) In addition to the publication on the official record and in the Commercial Journal, the court may also make the publication by means of mass media or publicly available computer networks, where appropriate in view of the number of participants and the nature of the case.
(4) The summons to the court made pursuant to paragraphs 1 to 3 shall be published at least 15 days before the date on which the hearing is to take place. ';
4. The following heading is inserted above Section 67:
TRANSITIONAL AND FINAL PROVISIONS '.
Efficacy
This Act shall take effect on the day of its publication.
Klaus v. r.
Havel v. r.
Zeman v. r.
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Regulation Information
| Citation | Act No. 214 / 2000 Coll., amending Act No. 328 / 1991 Coll., on bankruptcy and settlement, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.07.2000 |
|---|---|
| Effective from | 21.07.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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