Regulation No 23 / 1956 Coll.
Regulation implementing the provisions of § 5 (3) and (4) of Legislative Decree No. 59 / 1955 Coll., on the salary ratios of judges, prosecutors and legal practitioners (Regulations)
Valid
Effective from 06.07.1956
23.
Order of the Minister of Justice
of 28 June 1956
implementing the provisions of § 5 (3) and (4) of Law No. 59 / 1955 Coll., on the pay ratios of judges, prosecutors and legal practitioners (Regulations).
The Minister of Justice hereby orders, in accordance with § 5 (3) and (4) of the Law No. 59 / 1955 Coll., on the pay ratios of judges, prosecutors and legal waiters (Salary Regulations), in agreement with the Minister of National Defence as regards military legal candidates:
The legal practitioner may, with legal effect, carry out the following acts which are otherwise legally entrusted to the judge:
1. processing of requests in criminal and civil matters;
2. Issue of judicial statements and orders to surrender or take over subjects for rent in unprotected leases;
3. issuing payment orders in the order procedure;
4. provision of simple tasks
(a) matters of guardianship, custody and matters of children in parental power;
(b) in matters relating to death declaration and proof of death,
(c) as regards instrument depreciation,
(d) matters of judicial custody;
(e) in matters of execution, where the execution is by the establishment of an enforcement lien on immovable property, the execution on movable property and on claims and salaries;
(f) land-based books,
(g) in matters relating to the company register,
(h) for the drawing up of judicial exchange protests;
5. verification of copies and signatures, except where higher verification is needed;
6. drawing up proposals in criminal and civil matters, with the exception of appeals in civil proceedings brought orally into the Protocol.
The legal practitioner may, with legal effect, carry out the following acts which are otherwise entrusted by law to the notary:
1. Acts concerning the treatment of the inheritance, with the exception of the discussion of the inheritance under Act No. 139 / 1947 Coll., on the distribution of the estate with agricultural holdings and on the avoidance of crumbling of agricultural land;
2. the drawing up of notarial entries pursuant to § 15 (2) (a) to (d) of Act No 116 / 1951 Coll., on State notarialism, and the verification of copies pursuant to § 18 of the same law, except where higher verification is required;
3. the drawing up of procedural documents and documents which are not public documents pursuant to Article 8 of Act No. 52 / 1954 Coll., extending the scope of the state notaries, (in particular applications for the approval of acts by a court of law or custody pursuant to § 256 ° S.) and applications for the admission to transfer of real estate or lease of agricultural and forestry land pursuant to Act No. 65 / 1951 Coll., on transfers of real estate and on land leases);
4. simple actions in matters of notarial safekeeping pursuant to § § § § 3 and 4 of Act No. 52 / 1954 Coll.
The authorisation under the previous provisions of this Regulation is for the legal candidate after a successful final evaluation of his waiting practice pursuant to Article 6 (1) of Legislative Decree No 59 / 1955 Coll., on the pay ratios of judges, prosecutors and legal practitioners (Regulations). This authorisation may also be granted by the President of the People's Court (Head of State Notarianism), with the consent of the Minister of Justice, to a legal candidate who has carried out a waiting practice of at least one year, provided that the results of his education, on an ideological and professional basis, are a guarantee that he can carry out the said activity successfully.
(1) The decision of the legal practitioner may be contradicted by the same appeal as that of the judge (notary state). However, the appeal shall first be brought before a judge (notary State) who either decides on it, if he considers that he is to comply with it, or before the court competent to decide on it.
(2) If the judge (notary of state) decides to appeal under paragraph 1, his decision shall also be deemed to have been given in the first chair. It may be resisted under the general provisions.
Under the conditions set out in Section 3, it is for a military legal practitioner to deal with the legal effects of a request in criminal matters; a decision on the authorisation of a legal candidate in the course of a waiting practice shall be taken by the Chief of General Administration of Military Courts with the approval of the Minister of Justice.
This Regulation shall enter into force on the day of its publication.
Broad v. r.
Dr Skoda v. r.
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Regulation Information
| Citation | Regulation No. 23 / 1956 Coll., implementing the provisions of § 5 (3) and (4) of Legislative Decree No. 59 / 1955 Coll., on the pay ratios of judges, prosecutors and legal practitioners (Regulations) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.07.1956 |
|---|---|
| Effective from | 06.07.1956 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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