Decree No. 233 / 2004 Coll.
Decree amending Decree No. 330 / 2001 Coll., on the Remuneration and Reimbursement of the Executioner, on the Remuneration and Reimbursement of Final Expenditure of the Company Manager and on the Conditions of Liability Insurance for Damage Caused by the Executioner
Valid
Order
Effective from 30.04.2004
Text versions:
27.04.2007
30.04.2004
233
DECLARATION
of 20 April 2004
amending Decree No. 330 / 2001 Coll., on the remuneration and compensation of the court executor, on the remuneration and reimbursement of the expenses incurred by the manager and on the conditions of liability insurance for damage caused by the executor
According to § 131 (a) of Act No. 120 / 2001 Coll., on judicial executors and enforcement activities (execution order) and amending other laws, hereinafter referred to as "the Act":
Decree No. 330 / 2001 Coll., on the remuneration and compensation of the court executor, on the remuneration and reimbursement of the expenses incurred by the manager and on the conditions of liability insurance for damage caused by the executor, is amended as follows:
1. In Article 1, at the end of paragraph 2, the sentence "Other activity of the executor shall also be understood to mean the management of assets under the authority of a court or prosecutor in criminal proceedings."
2. In Article 5, at the end of paragraph 1, the sentence "Any performance which has been carried out after the court's decision on the execution order has been notified shall be deemed to have been recovered in order to fulfil the obligation laid down in the order on the execution order, not to fulfil the obligation to pay the execution costs or to pay the authorised costs. ';
3. In Article 5, the following paragraphs 2 and 3 are inserted after paragraph 1:
"(2) Where several recovery claims are paid on the sale of movable property, the basis for determining the remuneration shall be that part of the recovered amount paid on those claims.
(3) If, in the course of the execution of the sale of real estate or the execution of the sale of the company, the rights of the creditor have been met in whole or in part, the person who has entered the proceedings as another creditor or creditor of the debtor who has filed the application shall be the basis for determining the remuneration of the part of the distributed substance which has been so met by those persons. '
Paragraph 2 shall become paragraph 4.
4. Paragraph 11 (1) reads as follows:
"(1) Unless otherwise provided for, the executor who has waived execution (Paragraph 46 (3) of the Act) shall be remunerated.
(a) at the rate of 50% of the remuneration provided for in Article 6, if the execution is imposed on the payment of the sum of money;
(b) at the rate of 30% of the remuneration provided for in Articles 7 to 10, where the execution is subject to an obligation other than payment of the sum of money. "
5. In Article 11, the following paragraph 2 is inserted after paragraph 1:
"(2) The executor shall be remunerated in full if he has waived the execution after:
(a) invite the debtor in writing to fulfil, on a voluntary basis, the obligation imposed on the debtor by the enforcement title; and
(b) the debtor has voluntarily fulfilled what the enforceable title imposes on him and has not paid the costs of the execution until after the reasonable period laid down by the executor in the notice referred to in (a) has expired. "
Paragraphs 2 to 5 shall be renumbered paragraphs 3 to 6.
6. In Article 11 (4), the words "for the reasons set out in paragraph 2 'are replaced by the words" for the reasons set out in paragraph 3' and the words "at the level set out in paragraph 2 '.
7. In Article 11 (6), "paragraphs 1 to 4 'is replaced by" paragraphs 1 to 5';
8. The following Section 22a is inserted after Section 22:
Remuneration for the management of the secured item and property
(1) The executor shall be remunerated for the management of a case or property which has been secured in criminal proceedings
(a) 1 000 CZK, if it is about the management of individual secured items or sets of items,
b) 2 000 CZK, if it is about the administration of at least two secured items,
for each month of administration.
(2) At the request of the executor, the court or prosecutor who has entrusted the executor with the administration of the case or property may take measures to provide the executor with an appropriate advance payment for remuneration and reimbursement of the final expenses before the final end of the criminal proceedings, where justified by the duration of the criminal proceedings or other serious reasons.
(3) The remuneration, remuneration and compensation payment referred to in paragraph 4 shall be paid to the executor by the court or prosecutor who has entrusted him with the administration of the case or property.
(4) Reimbursement of final expenses in connection with the administration of the case or property is governed by the provisions of Paragraph 13; reimbursement of service of documents is governed by the provisions of Paragraph 15. "
Transitional provisions
2. The remuneration for the administration of a case or property which has been secured in criminal proceedings shall be payable to the executor even if it has been entrusted with that activity before the date of entry into force of this Order.
This decree shall take effect on the day of its publication.
Minister:
JUDr. Cermak v. r.
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Regulation Information
| Citation | Decree No. 233 / 2004 Coll., amending Decree No. 330 / 2001 Coll., on the Remuneration and Reimbursement of the Executioner, on the Remuneration and Reimbursement of Completed Expenditure of the Company Manager and on the Conditions for Liability Insurance for Damage Caused by the Executioner |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.04.2004 |
|---|---|
| Effective from | 30.04.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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