Act No. 218 / 2009 Coll.
Act amending Act No. 99 / 1963 Coll., Civil Code, as amended, and some other laws
Valid
Law
Effective from 20.07.2009
218
THE LAW
of 22 June 2009
amending Act No. 99 / 1963 Coll., the Civil Code, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Civil Code
Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 6, Act No. 6, Act No. 5, Act No. 6, Act No. 5, Act No. 6, Act No. 5, Act No. 5, Act No. 6, Act No. 6, Act No. 6, Act No. 6, Act No. 6, Act No. 6, Act No. 5, Act No. 5, Act No. 5, Act No. 6 / 2000, Act No. 5, Act No. 6 / 2000, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 2000, Act No. 6 / 2001 / 2001, Act No. 2006, Act No. 2006, Act No. 6, Act No. 2006, Act No. 2006, Act No. 2006, Act No. 2006, Act No. 2006, No. 2006, Act No. 5, Act No. 2006, Act No. 5, Act No. 2005, No.
1. in Article 35 (1), the following point (g) is inserted after point (f):
"(g) determination of the date of birth or death of the natural person;"
Points (g) to (n) shall be renumbered as points (h) to (o).
2. In Article 35 (3), "and (i) 'is replaced by" and (j)';
3. In Article 35 (4), "and (g) 'is replaced by" and (h)';
4. In Paragraph 38 (2), the words "the sentences of the first part after the semicolon 'shall be inserted after the words" Article 175f (2)'.
5. Paragraph 40 (3) reads as follows:
"(3) A transcription of an alert or part thereof shall be made where, for serious reasons, the court so decides. The transcription of an alert or part thereof shall be made whenever a proper or exceptional appeal is lodged in the matter itself. The second sentence shall not apply where the Court of First Instance decides to refuse an appeal pursuant to Paragraph 208 (1) or where a protocol has been drawn up. ';
6. § 40b reads:
(1) Any dispute or other legal matter shall be kept on paper or in electronic form. The conditions for keeping the file shall be laid down in implementing legislation.
(2) Save as otherwise provided in the law, the President of the Chamber or whoever has signed it under the authority of the President of the Chamber or under the law shall sign a paper form drawn up in the act of the court. A copy thereof shall be drawn up if necessary; the details are laid down in the implementing legislation.
(3) Save as otherwise provided for in the law, an electronically drawn up act of the court shall be provided by the President of the Chamber or by him who has made it, under the authority of the President of the Chamber or under the law, by his guaranteed electronic signature based on a qualified certificate issued by an accredited certification service provider (hereinafter referred to as "recognised electronic signature ') or an electronic mark based on a qualified system certificate issued by an accredited certification service provider.';
7. In Paragraph 48, the following paragraph 4 is added:
"(4) If served through a postal operator, copies of the decision and other documents of the court in paper form may be drawn up as co-operation of that operator; the details of such procedure shall be laid down in the implementing act. ';
8. In Paragraph 50a, the following paragraph 1 is added:
"(1) They shall be entitled to accept the document as natural persons who have been authorised by the addressee on the basis of a written mandate granted before the postal operator. ';
Paragraphs 1 to 4 shall be renumbered paragraphs 2 to 5.
9. In the second sentence of Paragraph 74 (2), the words "the appellant means a person whose life, health, freedom or human dignity is seriously threatened '.
10. in Paragraph 74 (4), the words "and 76b" shall be deleted;
11. in Paragraph 74, the following paragraph 5 is added:
"(5) The decision on the application for interim measures pursuant to Article 76b shall be taken by the district court in whose territory the house, apartment, room or other space is occupied jointly with the appellant (hereinafter referred to as the" common residence ').'.
12. In Paragraph 75, the following paragraph 4 is inserted after paragraph 3:
"(4) In addition to the general requirements (Article 42 (4)), the application for an interim measure pursuant to Article 76b shall contain the name, surname and residence of the participants and, where appropriate, their representatives and an indication of the relevant facts justifying the interim measure regulation. ';
Paragraph 4 shall become paragraph 5.
13. In Paragraph 75b (1), "CZK 50,000" is replaced by "CZK 10,000" and "CZK 100,000" is replaced by "CZK 50,000."
14. in Paragraph 76b (1):
"(1) If the conduct of the participant against whom the proposal is directed is seriously jeopardised by the life, health, freedom or human dignity of the appellant, the President of the Chamber shall impose provisional measures on the participant against whom it is directed, in particular in order to:
(a) leaving the common residence and its immediate surroundings, not staying in or entering the common residence;
(b) did not enter the immediate vicinity of the common residence or the applicant and did not stay there;
(c) refrain from meeting the appellant; or
(d) refrain from unwanted monitoring and harassment by any means necessary. ';
15. in Paragraph 76b (4):
"(4) If, before the expiry of the period referred to in paragraph 3, proceedings have been initiated in the matter itself, the President of the Chamber, acting on a proposal from the appellant, may decide to extend the duration of the interim measure. Paragraph 75 (4) shall apply mutatis mutandis; the proposal to extend the duration of the provisional measure shall also include an indication of the relevant facts justifying the extension of the duration of the provisional measure, an indication of the property or other circumstances, including ownership and other relations with the joint dwelling. The Court of First Instance shall, in its decision, take into account, in particular, the duration of the danger to the appellant referred to in paragraph 1, the content and reasons for the application for the initiation of proceedings in the matter, the property or other circumstances of the parties, including ownership and other relations with the joint dwellings subject to the interim measures, and other relevant circumstances. The provisional measure shall expire no later than 1 year after the date of its regulation. If the appellant fails to demonstrate his property or other circumstances, including ownership and other relations with the joint dwellings, the court may extend the duration of the interim measure only for reasons of particular concern. '
16. in Paragraph 76b (5), the reference to footnote No 33c is inserted after the word "Regulation."
17. in Paragraph 76c (1), the second sentence is replaced by the following: "If the sentence is not followed by the first sentence, the Court of First Instance shall deliver the order on the order for interim measures in accordance with Paragraph 76b to the parties in the course of their enforcement (Paragraph 273b (2), first sentence)."
18. in Paragraph 88, the following point (g) is inserted after point (f):
"(g) in whose district the registered office is situated, which has notified the court that the date of birth or the date of death of the natural person cannot be established;"
19. in Paragraph 88, point (o) is deleted;
Points (g) to (n) shall be renumbered as points (h) to (o).
20. Paragraph 89 (2) is deleted and paragraph 1 is deleted.
21. in Paragraph 102 (3), '75 (2) and (4)' is replaced by '75 (2), (4) and (5)';
22. In Paragraph 158, the sentence "The judgment shall be drawn up in the form in which the file is kept 'is added at the end of paragraph 1.
23. The following Section 175ze is inserted after Section 175zd, including footnote 69a:
In the proceedings for inheritance, the notary responsible for obtaining remote access to computer files in which the cadastral data are kept shall have the status of the organisational component of state69a).
69a) § 22 paragraph 5 of Act No. 344 / 1992 Coll., on the cadastral property of the Czech Republic (cadastral law), as amended. '.
24. in Article 185g (1), the words "three years" shall be replaced by "one year."
25. The following Section 194a is inserted after Section 194, which includes the title and footnote No 69b:
"Procedure for determining the date of birth or death
(1) The Court of First Instance shall initiate proceedings on the basis of the notification of the matrix in accordance with special legislation69b. Where the date of death of a natural person is to be determined in the proceedings, the court shall appoint a dead guardian.
(2) The Court of First Instance shall, by decree or by other appropriate means, invite anyone who knows the circumstances from which the date of birth or death of a natural person can be established or who might lead to such finding to submit a report to the Court within two months of publication of the order. At the same time, the Tribunal shall conduct all investigations necessary to determine the date of birth or death of the natural person.
(3) The Court of First Instance shall state in the Order the essential circumstances of the case and shall notify that, after the expiry of the period laid down in the Order, it shall determine the date of birth or death of the natural person. The decree shall state the date on which the period expires.
(4) After the expiry of the period laid down in the Order, the court shall issue an order determining the date on which the natural person is to be born or the date on which the natural person is to be killed.
(5) Where it is found, in addition, that the actual date of birth or death is different from the date specified in the decision referred to in paragraph 4, the court shall rectify the date set out in its decision or revoke its decision, on the basis of a request from a person who demonstrates a legal interest in such a change. The court may also do so on its own motion.
69b) Sections 17 and 22 of Act No. 301 / 2000 Coll., on Matrices, Name and Surname and on the amendment of certain related laws. '
26. in Article 273b (1):
"(1) Where the Court of First Instance has ordered interim measures under Paragraph 76b (1), the enforcement of this decision shall be effected without delay by the Court of First Instance. '.
27. in Article 273b (2), the word "personal" shall be inserted after the words "personal valuables and";
28. In Article 273b, at the end of the text of paragraph 2, the words "or, where appropriate, matters necessary for another serious reason 'shall be added.
29. in Article 273b, the following paragraph 3 is inserted after paragraph 2:
"(3) When executing the judgment, the court of the debtor shall also invite the court to communicate the address to which it will be able to service documents for the duration of the interim measure, or to elect a representative for service of the document, and to inform the court that the documents will be served by filing a notice before the court if it fails to comply with the notice within the prescribed period. The court of the debtor shall at the same time draw attention to the consequences of failure to comply with the obligations laid down in the interim measure under Paragraph 76b. '
Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.
30. In Article 273b, the following paragraphs 5 and 6 are inserted after paragraph 4:
"(5) Where, following the enforcement of a decision referred to in paragraph 2, the debtor infringes the obligation not to enter and stay in a joint residence, the court shall, at any time and without delay on a proposal from the creditor, re-execute the decision by discharging the debtor from the common residence.
(6) If it infringes a mandatory obligation not to enter into the immediate vicinity of a common residence or a legal person and not to stay there, or to refrain from meeting with a legitimate person, or to refrain from unwanted monitoring and harassment of a legitimate person in any way, the court shall, on application of a legitimate enforcement order under Paragraph 351. '
Paragraph 5 shall become paragraph 7.
31. the following Section 304b is inserted after Section 304a, including footnote 80c:
(1) The prohibitions set out in Sections 304 (1) and (3) do not apply to funds up to twice the minimum life of an individual under the special legislature80c). If one monetary institution has more than one account, the first sentence shall apply only to one of those accounts.
(2) The payment of funds to the debtor referred to in paragraph 1 shall be notified by the monetary institution of the court which ordered the enforcement of the decision.
80c) Act No. 110 / 2006 Coll., on Life and Existence Minimal, as amended. '.
32. in § 322 (2) (d), the words "CZK 1 000" are replaced by the words "equivalent to twice the life minimum of an individual under the special legislation 80c)."
33. In Paragraph 322, the following paragraph 5 is inserted after paragraph 4:
"(5) The execution of the decision or execution shall exclude apartments or non-residential premises and houses with apartments or non-residential premises, unless a declaration of the owner has been entered into the property register, in cases where such apartments or non-residential premises are entitled to the exclusive acquisition of ownership of a person pursuant to § 23 and 24 of Act No. 72 / 1994 Coll., which regulates certain co-ownership relations with buildings and certain ownership relationships with apartments and non-residential premises and complements certain laws (Law on the ownership of apartments), as amended. '
Paragraph 5 shall become paragraph 6.
34. In Article 338c, the following paragraph 3 is added:
"(3) The execution of the decision or execution shall exclude apartments or non-residential premises and houses with apartments or non-residential premises, unless a declaration of the owner has been entered into the property register, in cases where such apartments or non-residential premises are entitled to the exclusive acquisition of ownership of a person pursuant to § 23 and 24 of Act No. 72 / 1994 Coll., which regulates certain co-ownership relations with buildings and certain ownership relationships with apartments and non-residential premises and complements certain laws (Law on the ownership of apartments), as amended. '
35. in Paragraph 338g, the following paragraph 4 is added:
"(4) The execution of the decision or execution shall exclude apartments or non-residential premises and houses with apartments or non-residential premises, unless a declaration of the owner has been entered into the property register of the Czech Republic, in cases where such apartments or non-residential premises are entitled to the exclusive acquisition of ownership of a person pursuant to § 23 and 24 of Act No. 72 / 1994 Coll., which regulates certain co-ownership relations with buildings and certain ownership relations with apartments and non-residential premises and complements certain laws (Law on the ownership of apartments), as amended. '
36. in Paragraph 374a, the dot is replaced by a comma at the end of point (e) and the following point (f) is added:
"(f) details of the procedure for drawing up and service copies of the decisions and other documents of the court in paper form for the cooperation of the postal service operator."
Amendment to Act No. 7 / 2009 Coll., amending Act No. 99 / 1963 Coll., Civil Code
In the first part of Article II of Act No. 7 / 2009 Coll., amending Act No. 99 / 1963 Coll., Civil Code, as amended, and other related laws, point 8 of the sentence after the semicolon, including the semicolon, is deleted.
Amendment to the Code of Criminal Procedure
In Article 62 of Act No. 141 / 1961 Coll., on Criminal Procedure, Act No. 178 / 1990 Coll., Act No. 558 / 1991 Coll., Act No. 292 / 1993 Coll., Act No. 29 / 2000 Coll., Act No. 265 / 2001 Coll., Act No. 274 / 2008 Coll., Act No. 301 / 2008 Coll., Act No. 457 / 2008 Coll. and Act No. 41 / 2009 Coll., the following paragraph 3 is added:
"(3) Where a law enforcement authority delivers a document by post, such document may be drawn up for its cooperation; the details of such procedure shall be laid down by the Ministry of Justice by decree. ';
Amendment to Act No. 279 / 2003 Coll., on the Enforcement of Security of Property and Goods in Criminal Procedure
In Article 3 (1) (e) of Act No. 279 / 2003 Coll., on the exercise of property and property security in criminal proceedings and on the amendment of certain laws, the words "CZK 1 000 'are replaced by the words" twice the life minimum laid down under the special legislation for the person accused'.
Amendment to Act No. 283 / 1993 Coll., on the Prosecutor's Office
In § 12j (3) (a) of Act No. 283 / 1993 Coll., on the Prosecutor's Office, as amended by Act No. 342 / 2006 Coll., at the end of the text of point 7, the words "or, where appropriate, the address to which the documents are to be served under a special law 'shall be added.
Amendment to Act No. 257 / 2000 Coll., on Probation and Mediation Service
In Article 5a (3) (a) of Act No. 257 / 2000 Coll., on Probation and Mediation Service and amending Act No. 2 / 1969 Coll., on the Establishment of Ministries and other Central Authorities of the Czech Republic, as amended, Act No. 65 / 1965 Coll., the Labour Code, as amended, and Act No. 359 / 1999 Coll., on the Social Protection of Children (Act on the Probation and Mediation Service), as amended, as amended, Act No. 342 / 2006 Coll., the Labour Code, as amended, and Act No. 359 / 1999 Coll., on the Social Protection of Children (Act on the Probation and Mediation Service), as amended by Act No. 342 / 2006 Coll., the text of Section 7 shall be supplemented by the words, "or the address to which must be served in accordance with the specific legislation '.
Amendment to Act No. 153 / 1994 Coll., on News Services of the Czech Republic
In Article 11a (3) (a) of Act No. 153 / 1994 Coll., on Intelligence Services of the Czech Republic, as amended by Act No. 342 / 2006 Coll. and Act No. 250 / 2008 Coll., at the end of the text in point 7, the words "or the address to which documents are to be served under a specific law 'are added.
Amendment to Act No. 337 / 1992 Coll., on the Administration of Taxes and Fees
In Article 17 (5) of Act No. 337 / 1992 Coll., on the Administration of Taxes and Fees, as amended by Act No. 29 / 2000 Coll. and Act No. 7 / 2009 Coll., the first words in the sentence "although they are staying at the place of delivery 'are deleted and the word" fifteen' is replaced by the number "10 '.
EFFECTIVE
This Act shall take effect on the day of its publication, except for the provisions of Part Ten, which shall take effect on 1 January 2010.
Wolf
Klaus v. r.
Fischer v. r.
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Regulation Information
| Citation | Act No. 218 / 2009 Coll., amending Act No. 99 / 1963 Coll., Civil Code, as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.07.2009 |
|---|---|
| Effective from | 20.07.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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