Act No 214 / 2022 Coll.
Law on special grounds for suspension of execution and amendment of related laws
Valid
Law
Effective from 01.09.2022
Text versions:
01.09.2022
22.07.2022
214
THE LAW
of 24 June 2022
on specific grounds for suspension and amendment of related laws
Parliament has decided on this law of the Czech Republic:
SPECIFIC REASONS FOR TERMINATION OF EXECUTION
(1) This law regulates the specific grounds and conditions under which a judicial executor will cease execution.
(2) The court executor shall, without the consent of the public creditor and of his own motion, suspend the execution of proceedings initiated before 28 October 2021 in which the natural person is required and the public creditor is:
(a) Czech Republic,
(b) the local self-governing body, including the urban or urban district of the territorial subdivided statutory or urban part of the capital of Prague;
(c) a state contribution organisation;
(d) the State Fund;
(e) a public research institution or a public university;
(f) voluntary association of municipalities,
(g) the Regional Council of the Cohesion Region;
(h) the contribution organisation of the local authority;
(i) an institution set up by the State or the local authorities in total;
(j) a public utility company set up by the State or the local authorities in total;
(k) State enterprise or national enterprise;
(l) health insurance company,
m) Czech Radio or Czech Television, or
(n) a legal person in which a State or a territorial self-governing entity itself or with other territorial self-governing entities has majority participation, including through another legal person.
(3) The court executor shall suspend the execution referred to in paragraph 2 if, by 30 November 2022 at the latest, the debtor informs him in writing that he requests the initiation of the procedure under this law, and if:
(a) the debtor shall, from 1 September 2022 to 30 November 2022, pay the outstanding or otherwise unpaid principal recovered in the execution proceedings, or, where applicable, the unpaid part of the principal, if the execution is conducted for only part of the principal ("the recovered principal") and the flat-rate reimbursement of the execution costs referred to in Article 3; where the debtor requests notification of the amount referred to in Article 2 to 15 November 2022, the period of payment shall be extended by the number of days for which the court-ordered enforcement has exceeded the time limit of the enforcement pursuant to Article 2, and shall not end earlier than 5 days from the date on which the reply to the court-ordered was served; or
(b) until 31 August 2022, in the execution proceedings, at least the entire principal recovered and the flat-rate reimbursement of the costs of the execution referred to in Article 3 has been recovered and the performance thus recovered shall not affect the rights of third parties.
(4) If the execution has not yet been ordered, the court executor will suspend the execution proceedings. For the purposes of this Act, if the execution is conducted for the sole purpose of the recovery of the accessories, the entire recovery principal shall be deemed to have been paid from 1 September 2022 and shall be treated accordingly. Penalties and penalties shall be considered as accessories for the purposes of this Act.
The debtor may, in writing, ask the court executor to communicate the amount to be paid to fulfil the condition laid down in Paragraph 1 (3) (a) or to inform the court executor that the condition laid down in Paragraph 1 (3) (b) has been met. The court executor shall reply at the request of the debtor within 15 days of its receipt. In reply, the court executor shall indicate the date on which the application was received and the date on which the reply was sent. At the request of the debtor pursuant to the first sentence, at the request of the debtor pursuant to § 46 (2) of the Civil Code and the communication of the debtor pursuant to § 1 (3), Paragraph 42 (2) of the Civil Code shall not apply. When submitting a reply to a request via a public data network to an electronic address, Sections 47 (2) and (3) of the Code of Civil Procedure and Sections 56a and 56b of the Rules of Enforcement shall not apply and the reply shall be deemed to have been received on the date of dispatch; service via the public data network to the electronic address is ineffective if the document sent to the electronic address has returned to the court executor as unreportable.
The flat-rate reimbursement of the costs of the execution pursuant to § 87 (1) of the Rules of Enforcement is CZK 1,500, and if the court executor or the administrator of the establishment is a payer of value added tax, the flat-rate reimbursement of the costs of the execution is increased by the relevant value added tax. In the execution terminated pursuant to Article 1 (3) (a), the first execution costs in respect of which an order for reimbursement of the execution costs or other decision was issued before 1 September 2022 shall be to the court executor in addition to the amount in the sentence. In the execution terminated pursuant to Paragraph 1 (3) (b) of this Article, the first costs of execution in respect of which an order for reimbursement of the costs of execution or other decision was issued before 1 September 2022 and which were recovered before 1 September 2022, shall be in addition to the sum of the first costs of execution, in excess of the flat-rate reimbursement of the costs of execution referred to in the first sentence. The other costs of execution do not belong to the court executor. For the purposes of this Regulation, the following definitions apply: the additional costs authorised to the public authority are not relevant.
(1) Upon payment of the principal recovered and the flat-rate reimbursement of the costs of the execution referred to in Article 3, the court executor shall issue a decision exempting the debtor who is a natural person from the payment of any other recovery claims exceeding the recovered principal to the extent that they have not yet been satisfied and paying the compulsory payment of the recovered principal to the public creditor, the other creditor, the creditor of the lien, or the creditor of the creditor, according to which he has paid the recovery principal. The recovered but public-interest unpaid performance shall be used to cover outstanding or outstanding claims of other beneficiaries, claims secured by lien and claims entered into execution under the schedule rules. If they are not, they shall be paid in full but to the debtor.
(2) The decision to waive payment shall be accompanied by a court executive, even without a proposal for a decision to cease execution, in the range of claims paid or lost, unless further claims are entered in the execution, which, in accordance with the procedure laid down in this paragraph, have not disappeared or otherwise ceased to exist and the execution thus requires recovery. All payments so far recovered and paid to any claim, even if it exceeded the principal recovered in the execution procedure, shall be to whom it has already been paid. The enforcement of the recovery claim shall cease by the legal authority of the order of the court executor.
(3) If there is more than one creditor in a single enforcement procedure, Paragraph 1 shall apply to each claim separately, provided that, in the event of payment of only some of the securities recovered, only claims relating to the recovered principal are extinguished. Exemptions from payment and termination of execution shall be decided by the court executive only to the extent that the claims have ceased to exist.
(4) The exemption provided for in paragraphs 1 to 3 shall also apply to the guarantor and other persons who had a right of penalty against the debtor for such claims.
(5) The decision by which the court executor grants the compulsory exemption provided for in paragraphs 1 to 3 may be appealed only by the public creditor, the other creditor, the lien creditor and the creditor applied for, in the event that their claim on the recovered principal in the enforcement proceedings against the debtor has not been fully satisfied in the execution proceedings. However, the appeal can only be argued that the conditions for granting the exemption to the debtor have not been met.
(1) The provisions of paragraphs 1 to 4 shall apply mutatis mutandis to claims on other entitled persons, claims secured by lien or claims entered into the enforcement proceedings, where those claims are governed by public law.
(2) Paragraph 1 to 4 shall not apply to cash penalties or other property penalties imposed on the debtor in criminal proceedings for an intentional offence, claims for compensation for damage caused by intentional breach of legal obligation and claims for maintenance by creditors, claims for replacement maintenance under another law and claims for compensation for damage caused to health.
Unless otherwise provided for in this law, the provisions of the Rules of Enforcement shall apply mutatis mutandis to the procedure under this law.
Transitional provision
In the execution procedure initiated before 28 October 2021, in which the conditions laid down in points (1) and (2) of Part Two of Article IV of Act No. 286 / 2021 Coll., Part Two of Article IV (25) of Act No. 286 / 2021 Coll., have been fulfilled by 28 January 2022, the second part of Article IV (25) of Act No. 286 / 2021 Coll., shall apply.
Amendment of the Civil Code
In Article 317 (2) of Act No. 99 / 1963 Coll., Civil Code, as amended by Act No. 118 / 1995 Coll., Act No. 30 / 2000 Coll., Act No. 112 / 2006 Coll., Act No. 401 / 2012 Coll., Act No. 191 / 2020 Coll., Act No. 588 / 2020 Coll. and Act No. 286 / 2021 Coll., the words "cash welfare benefits' are replaced by the words" benefits under the Act on the provision of benefits to disabled persons, care allowance, provision allowance '.
Amendment of the Enforcement Order
Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011 / 2011, Act No. 20 / 2011 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act.
1. In Article 55 (7) and (11), the words "at least sufficient to cover the costs of execution 'are deleted.
2. In Article 94 (6), the words "the amount of the enforcement and" shall be replaced by the words "the total amount of the recovery, the amount of the principal, interest, interest on late payment, the costs of execution and the costs of the creditor," and, at the end of the first sentence, the words "and the amount of the principal, interest, interest on late payment, the costs of execution and the costs of the creditor which have not yet been recovered, as at the date of issue of the information."
Transitional provisions
(1) Paragraph 55 (7) to (13) of Act No. 120 / 2001 Coll., as effective from the date of entry into force of this Act, applies to the execution proceedings initiated before the date of entry into force of this Act. In the execution proceedings initiated before 1 January 2022, in which the execution clause was indicated before 1 January 2022, the period of time in which the enforcement clause was stated, in accordance with paragraphs 55 (7) and 11 of the Act No. 120 / 2001 Coll., as effective from the date of entry into force of this Act, shall be counted against the period in which the enforcement obligation was not met and the execution was not affected by the real estate; Paragraph 55 (12) of Act No. 120 / 2001 Coll. applies mutatis mutandis. In the procedure according to the sentence of the second period provided for in § 55 paragraphs 7 and 11 of Act No. 120 / 2001 Coll., as effective from the date of entry into force of this Act, it shall not expire before 1 January 2023. In the execution proceedings initiated before 1 January 2022, in which the execution clause was not indicated before 1 January 2022, the period under Article 55 (7) and (11) of Act No. 120 / 2001 Coll., as effective from the date of entry into force of this Act, shall be calculated only from 1 January 2022. For the purposes of the second and third sentences procedure, the indication of the execution clause shall also mean the acquisition of legal power by a resolution on the execution regulation.
(2) In the execution proceedings initiated before 1 January 2022, the provisions of Sections 56a, 56b and 125a of Act No. 120 / 2001 Coll., as amended by Act No. 286 / 2021 Coll., shall apply to service of a document for which service was not initiated before the date of entry into force of this Act. Paragraph 56b of Act No. 120 / 2001 Coll., as amended by Act No. 286 / 2021 Coll., applies in enforcement proceedings initiated before 1 January 2022 only if the documents referred to in § 56b (1) (a) and (b) of Act No. 120 / 2001 Coll., as amended by Act No. 286 / 2021 Coll., have been delivered to the addressee since the date of entry into force of this Act.
(3) In the execution proceedings initiated before 1 January 2022, in which, before the date of entry into force of this Act, an inventory of movable property was not carried out or only an inventory of movable property was carried out pursuant to § 327a of the Civil Code, Section 67 of Act No. 120 / 2001 Coll., as amended by Act No. 286 / 2021 Coll., applies.
(4) In the execution procedures initiated before 1 January 2022, Section 94 (3) and (4) of Act No. 120 / 2001 Coll., as amended by Act No. 286 / 2021 Coll., shall apply to the making available or sending of copies of electronic files.
EFFECTIVE
This Act shall take effect on 1 September 2022.
Pekarová Adamová v. r.
Zeman v. r.
Fiala v. r.
Contents
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Regulation Information
| Citation | Act No 214 / 2022 Coll., on special grounds for suspension of execution and amending related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.07.2022 |
|---|---|
| Effective from | 01.09.2022 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Civil law
Civil law of procedure
Parliamentary Paper:
Paper No. 217
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