Act No. 227 / 1946 Coll.
Law on certain measures in civil matters
Valid
Effective from 03.01.1947
227.
Law
of 21 November 1946
on certain measures in civil matters legal.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
Adjustment of the limitation period and other termination of certain claims.
(1) Where a claim which had been suspended before 1 January 1946 is applied within one year of the date on which the law takes effect, the court shall disregard the objection of limitation, unless the claim has been exercised in due time due to the pressure of occupation or national, racial or political persecution, in particular because the creditor or debtor was absent or deprived of his or her right to dispose of his or her property for any of these reasons. The same applies to claims which have been barred after 1 January 1946 if the obstacles which prevented the early application of the claim have not passed until the limitation period has expired.
(2) In cases where the obstacles which prevented the early application of the claim have ceased only after the date on which the law takes effect, the annual period laid down in paragraph 1 shall be calculated only from the date on which the obstacles have ceased.
(3) The provisions of paragraph 1 shall apply mutatis mutandis to the loss of entitlement arising from the expiry of other time limits laid down by law or by law for the entry into the law of the programme or for the other exercise of rights in court proceedings, with the exception of the time limits of this kind laid down in § 28, paragraph 1, sentence 2 and § 29, paragraph 2, sentence 2 of the Second Law of 3 July 1934, No 145 Coll., on the insurance contract.
(4) The exercise of the right shall not prevent a final decision that the claim has ceased because it has not been exercised in time.
Judicial arrangements for repayment of liabilities.
(a) in dispute;
(1) In a dispute over the payment of a cash claim which arose before 1 November 1945, the court, acting on a request from the defendant in the judgment, shall set a period longer than the legal period, unless the debtor is free to fulfil his obligation without his fault and may, on a fair basis, ask the creditor to bear the delay. Under the same conditions, the court may authorise repayment of the debt in instalments, the amount and duration of which it shall determine, even if any instalment is late, to become immediately due any remaining instalment.
(2) The defendant may make the application referred to in paragraph 1 orally or in writing at the latest before the end of the first session. The proposal shall briefly describe the facts applicable to the authorisation of a longer period or instalments and include means of accompanying it.
(3) Before deciding on the application, the court shall hear the applicant.
(4) Time limits or instalments may be allowed for all or part of the obligation.
(5) There is no appeal against the decision of the Court of First Instance on the application for a period or instalments. However, if the circumstances applicable to the adjustment referred to in paragraph 1 change substantially, the court may, on a proposal for a decision, amend or revoke it.
(b) before the dispute.
(1) The debtor of a cash claim which arose before 1 November 1945 may propose that the court of the district where the creditor has his domicile or establishment from which the claim arose may, at the same time, request that the court set a reasonable time limit for the performance of the undertaking or allow repayment of the claim in instalments and determine their amount and maturity. If the creditor does not have a residence or establishment in the territory of the Czechoslovak Republic, the debtor's (establishment) court shall be responsible for the application. The proposal is inadmissible if the debtor's obligation is determined by the execution title.
(2) If a payment order has been issued against the debtor in a recall procedure, the debtor may, within a period of resistance, propose to the court which issued the payment order in order to set a time limit or instalments in accordance with Paragraph 2 (1).
(3) The application referred to in paragraph 1 or 2 may be made orally or in writing. The appellant shall briefly describe the facts applicable to the authorisation of the period or instalments and shall include means of accompanying it.
(4) Before deciding on the application, the court shall hear the creditor; the decision becomes a resolution. The Court of First Instance shall comply with the application if the debtor is not in a position to fulfil the obligation without his own fault and if the creditor is to ask the creditor to bear the delay. If the court conforms to the application, it shall give the debtor an obligation to pay the recognised claim within the time limit set by it or, instead of the time limit laid down in the order for payment, shall set a new time limit for execution or shall determine the amount of the instalments and their maturity, even if any payment is late, all remaining instalments shall be payable immediately. The period or instalments may be authorised for all or part of the obligation.
(5) The costs of the hearing shall be reimbursed by the debtor to the creditor; This shall not apply if the creditor has not complied with a manifestly reasoned request to the debtor for authorisation of a time limit or instalments, submitted out of court.
(6) There is no appeal against the decision of the Court of First Instance on the application for a period or instalments. However, if the circumstances applicable to the adjustment referred to in paragraph 4 change substantially, the court may, on a proposal for a decision, amend or revoke it.
(7) Subject to the provisions of paragraphs 5 and 6 of the Law of 19 June 1931, No 100 Coll., on the basic provisions of the legal proceedings of the indisputable.
Deferred execution.
(1) On application by the debtor, the execution court shall defer, in whole or in part, the execution of any kind for a period of time which it shall determine if the delay is urgently needed in the interests of the debtor, who is not in a position to fulfil the obligation without his own fault, and if the creditor is to ask fairly that recovery be postponed in whole or in part.
(2) The application for suspension does not have suspensory effect, but the court may admit that effect if it considers that the application is likely to be granted.
(3) The court may, if the circumstances so justify, grant a instalment to the debtor whose amount and maturity it determines. The deferral provided for in paragraph 1 shall be inadmissible if the payment period has already been authorised under § § 2 or § 3.
(4) Where the circumstances applicable to the adjustment referred to in paragraphs 1 and 3 change substantially, the court may, on a proposal for a decision, amend or revoke it.
(5) The period of deferral of execution does not add up to the time limits which, under the creditor law, are linked to legal injury.
(1) The suspension of execution by forced removal of rooms may be allowed only for a total period of no more than
1. Half a year, if there is an apartment in a house which is owned by a State or a country or later acquired by a State or a country on the day of application of this Act, and if there is a tenant who is not a public employee in active employment, or
2nd one month if
(a) a room intended regularly for the accommodation of employees of an industrial, commercial or agricultural undertaking, if the person to be cleared is not employed in the undertaking and the apartment is necessarily needed for the accommodation of the employee of that undertaking;
(b) a lodger, provided that he has not wholly or mainly arranged or maintained a separate holding or household in the rooms with his family.
(2) The period of grace is calculated from the date on which the application for authorisation for execution is lodged.
If the court authorises the postponement of the execution of the rooms, the parties shall be heard for the duration of the postponement for the use of the rooms and if the rent has not yet been paid. The refund shall be payable within the time limits in which the rent has been paid and, if the rent has not yet been paid, within the time limits in which the rent is paid from rooms of the same kind in accordance with the applicable rules or local practice. The provisions on the provision of rent by statutory lien on tenant's movable assets shall apply mutatis mutandis to the provision of such compensation in the cases of the debtor.
(1) In case of execution by forced removal of the apartment, the postponement provided for in Section 4 shall not be permitted:
1. where the debtor has been sentenced under the decree of the President of the Republic of 19 June 1945, No 16 Coll., on the punishment of Nazi criminals, traitors and their helpers and on extraordinary people's courts, or under the decree of the President of the Republic of 19 June 1945, No 17 Coll., on the National Court, or under the decree of the President of the Republic of 27 October 1945, No 138 Coll., on the punishment of certain crimes against national honor, in Slovakia under the Decree of the Slovak National Council of 15 May 1945, No 33 Coll. SNR, on the punishment of fascist criminals, occupants, traitors and collaborators, and on the establishment of the people's judiciary, in the text of the laws of the changing and supplementing; This definition does not apply if the period of five years has elapsed since the conviction for a crime, in Slovakia for crimes under § § § 1 to 4, no 33 / 1945 Coll. n. SNR, otherwise three years;
2. where the debtor or a member of his household has been convicted of an offence which is being prosecuted by an official authority, committed by a charterer or a member of his household in a house residing or for an offence against the security of honour, committed on such persons by maltreatment or for an offence against a foreign property committed against the occupants of the house, where the charterer or member of his household has not been convicted for any of the offences referred to, committed against the debtor or member of his household;
3. where the debtor has been expelled from the territory of the Czechoslovak Republic or expelled from the municipality;
4. if the debtor has a different and sufficient apartment in the municipality and does not need an apartment for exercise or occupation or does not reside permanently in the apartment because he has a suitable apartment elsewhere;
5. If the debtor is damaged by the members of his household or persons admitted by the debtor to the apartment or to his services, the subject of the lease, if he again violates the rough order of the house (in cases of subletting also in the apartment) or causes his behaviour in the house (in cases of subletting also in the apartment) a legitimate offence and if the debtor has not acted, a possible remedy;
6. if the debtor is obliged against a contractual prohibition or without the permission of the owner of the house to sublet the whole apartment or, in the case of only part of the apartment, to live permanently elsewhere, or to use the apartment without the permission required under the law for purposes other than living;
7. if the lessor can prove a final official permit for a more useful construction which cannot be carried out without clearing the rented rooms;
8. If the household or service relationship of the staff member of the beneficiary's home has been cancelled without notice from the janitor or employee.
(2) Where a decision has been given for one of the reasons set out in paragraph 1, No 3 to 7, the application for suspension shall be rejected without further procedure.
(3) If one of the grounds referred to in paragraph 1 occurs, No 1 to 7, after the suspension of the execution has been authorised, the court shall, on application by the creditor, revoke the order for the suspension of the execution.
(4) The provisions of paragraph 1, paragraphs 1 to 7 and paragraphs 2 and 3 shall apply mutatis mutandis to the removal of other rooms.
(1) If he who has been evicted from the previous rooms, where he would have put his belongings, the municipality in which the removal takes place shall not be obliged to place properly the items removed until otherwise disposed of by them. This obligation shall expire one year after the date on which the goods cleared have been taken into custody by the municipality.
(2) In order to allow the municipality to take appropriate measures in a timely manner, it shall be notified of the planned removal as soon as it has been authorised, no later than two days before the execution.
(3) If the owner of the case has not been present with the municipality within a year from the date on which it was deposited, the court shall, on the basis of a proposal from the municipality, order the sale of the case in accordance with the provisions of the Enforcement Code (Act) on the sale of the property removed.
There is no appeal against the judgment of the Court of the Second Chamber, given in accordance with § 4 to 7.
Deferred decision to declare bankruptcy.
(1) The competitive court may, on application by the debtor, defer the decision on the creditor's application for bankruptcy (Section 69 of the konk.) for a period to be determined if the conditions of Paragraph 4 (1) are met.
(2) An application to postpone the bankruptcy should, as a general rule, be made when the debtor is questioned in accordance with Paragraph 69 (2) of the konk. b), but at the latest until the court of bankruptcy has given a resolution on the application for bankruptcy.
(3) There shall be no appeal against the decision of the Court of First Instance on the application referred to in paragraph 1.
Transitional and final provisions.
The suspension of execution by forced removal of rooms, permitted before the date on which this law takes effect, is maintained. However, the creditor may propose that the deferral be lifted if it is inadmissible under the provisions of Paragraph 7, or that it be limited if, in the case of Paragraph 5 (1), (1), (1) and (2), the period of one month from the date on which the law takes effect. If the previously authorised deferral of the execution vacancy of rooms in the case to be assessed pursuant to the provisions of Paragraph 5, paragraph 1, No 1, before the expiry of the six-month period from the date on which this law comes into force, further deferral shall be permitted only until the date on which the six-month period expires.
The Law of 28 March 1928, No. 45 Coll., on the deferral of the execution of rooms, as amended by the regulations amending it, is hereby repealed.
The applicability of:
1. Government Order of 14 December 1939, No. 44 Coll. of 1940, issuing special provisions on proceedings before the courts of the Protectorate of Bohemia and Moravia and temporarily amending certain provisions of civil law;
2. Government Decree of 30 April 1941, No 230 Coll., on the postponement of the execution of natural residence vacancies in industrial farms and farms.
This Law shall take effect on the 15th day following its publication; It shall be carried out by the Minister of Justice in agreement with the Minister of Interior.
Dr Beneš v. r.
Gottwald v. r.
Dr Drtina v. r.
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Regulation Information
| Citation | Act No. 227 / 1946 Coll., on certain measures in civil matters |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.12.1946 |
|---|---|
| Effective from | 03.01.1947 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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