Act No. 238 / 1995 Coll.
Act amending and supplementing Act No. 99 / 1963 Coll., Civil Code, as amended, and Act No. 114 / 1988 Coll., on the Jurisdiction of the Bodies of the Czech Socialist Republic in Social Security, as amended
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Effective from 01.01.1996
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238
THE LAW
of 27 September 1995
amending and supplementing Act No. 99 / 1963 Coll., Civil Code, as amended, and Act No. 114 / 1988 Coll., on the Jurisdiction of the Bodies of the Czech Socialist Republic in Social Security, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 99 / 1963 Coll., Civil Code, as amended by Act No. 36 / 1967 Coll., Act No. 158 / 1969 Coll., Act No. 49 / 1973 Coll., Act No. 20 / 1975 Coll., Act No. 133 / 1982 Coll., Act No. 180 / 1990 Coll., Act No. 328 / 1991 Coll., Act No. 519 / 1991 Coll., Act No. 263 / 1992 Coll., Act No. 24 / 1993 Coll., Act No. 171 / 1993 Coll., Act No. 117 / 1994 Coll., Act No. 152 / 1994 Coll., Act No. 216 / 1994 Coll., Act No. 84 / 1995 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll., is amended as follows:
1. in Article 9 (3) (c) (aa):
"(aa) legal relations between trading companies (cooperatives) and their founders (partners or members), as well as between members (members or founders), in respect of relations relating to participation in a company (member relationship in a cooperative), as well as relations arising from contracts transferring the share of a member (members' rights and obligations) and relationships related to the increase of the capital (participation of a member), ';
2. in Article 9 (4) (b), the words "proposals on" shall be deleted;
3. Note 25:
"25) Sections 68 (3) and (6), 119 and 764 (2) of the Commercial Code. ';
4. in Article 9 (4) (h):
"(h) decide on the winding-up of the cooperative, the cooperative undertaking, the enterprise (economic establishment) of the civil association and the joint venture and on the proposals to abolish the cooperative, 31)."
Note 31) reads as follows:
"31) § 257 (1), § 765 (4) and § 766 (1) of the Commercial Code. '
5. in Article 9 (4) (i), the dot at the end is replaced by a comma and the following points (j) and (k) are added:
"(j) decide in other cases where, pursuant to the provisions of Part One, Part Two, and Part Four of the Commercial Code, the court decides, 32a)
(k) decide in the proceedings in the matters of the commercial register. ';
Note 32a:
"32a) E.g. § 131 (1), § 181 (2) and § 761 (2) and (3) of the Commercial Code. '.
6.
The Supreme Court shall decide on appeals against decisions of regional or supreme courts as appellants' courts. '
7. In Paragraph 16 (1), the words "and supreme courts' are deleted.
8.
(1) A trade union organisation may, with the exception of commercial matters, represent a participant who is a member of it in the proceedings.
(2) The headquarters for the international legal protection of young people (hereinafter referred to as "the Headquarters") may represent a participant in proceedings concerning the care of minors, in determining or amending the maintenance obligation and in proceedings for the enforcement of a decision imposing a maintenance obligation, if the case relates to a foreign matter.
(3) If the trade union or the Centre of Representation so requests, it shall instruct one of its members or employees to act on behalf of the trade union or the Centre of Representation. ';
9. In Paragraph 57 (1), the dot is replaced by a semicolon and the following words are added: "This does not apply if it is for a period determined by the clock '.
10. In Paragraph 57 (2), the following sentence is added at the end: "The time-limits determined by the clock end with the time-limit corresponding to the time at which the time-limit begins."
11. in Paragraph 74 (2), the first sentence shall be deleted.
12. Article 74 (3) and (4) are added as follows:
"(3) The court which is responsible for the proceedings shall be responsible for the order for interim measures, unless otherwise provided by law.
(4) The decision on the application for interim measures under Article 76a is the competent district court in whose territory the applicant's seat is situated. If an interim measure is ordered, the court shall immediately refer the case to the court competent pursuant to Paragraph 88 (c) after its enforcement. If the court to which the case has been referred is not a court referred to in Paragraph 88 (c), it shall refer the case to its superior court for a decision on jurisdiction; by this decision, the court whose jurisdiction has been established shall be bound. ';
13. In Paragraph 75, the following paragraph 2 is inserted after paragraph 1:
"(2) A preliminary measure under Paragraph 76a may be ordered by the court only on a proposal from the District Office; the proposal shall contain, in addition to the general requirements (Paragraph 42 (4)), the name of the minor child, the name, profession and residence of the other participants, if known to the applicant, an indication of the relevant facts justifying the provisional measure regulation, the designation of the person to whom the child is to be brought into custody, and it shall be clear that he or she is seeking a preliminary measure regulation under Section 76a. The proposal shall be decided without delay, no later than 24 hours after it has been submitted. '.
Paragraph 2 shall become paragraph 3.
14. The following Section 76a is inserted after Section 76:
(1) If a minor child without any care or if his or her life or good development is seriously threatened or disturbed, the President of the Chamber shall order the provisional measure to be given to the care of the person to whom he or she designates in the resolution.
(2) The order for the regulation of the interim measure referred to in paragraph 1 shall be served on the participants only when they are implemented. The order shall be forwarded to the parties who were not present in the enforcement proceedings by the court competent pursuant to Article 88 (1). (c) together with a statement that its execution has been carried out.
(3) A minor need not be represented in the pre-measure regulation referred to in paragraph 1; If the minor has no legal representative or is unable to represent him in the proceedings, 33b) the court competent under Paragraph 88 (c) of the Rules of Procedure shall appoint a guardian without delay after the implementation of the interim measures.
(4) The provisional measure referred to in paragraph 1 shall last for a period of three months from its enforceability; If, before the expiry of that period, proceedings have been brought on the substance of the matter, it shall continue until such time as the enforceable decision terminating the proceedings becomes enforceable. ';
Note 33b:
"33b) § 37 (3) of Act No. 94 / 1963 Coll., on Family, as amended."
15. In Paragraph 77 (2), the period shall be replaced by a semicolon and the following words shall be added: "The President of the Chamber of the Court responsible pursuant to Paragraph 88 (c) shall decide on the revocation of the interim measure under Paragraph 76a."
16. In the first sentence of Article 77 (3), the dot is replaced by a semicolon and the following words are added: "This is not the case if there is a precautionary measure under Article 76a."
17. In Paragraph 81, the following paragraph 2 is inserted after paragraph 1:
"(2) If an interim measure has been ordered pursuant to § 76a, the court competent under § 88 (a) shall initiate proceedings. (c) without delay after the matter has been referred to him or after a decision on his or her jurisdiction (§ 74 (4)) has been taken, and without a proposal for a procedure for the education of a minor.";
Paragraph 2 shall become paragraph 3.
18. In Article 120 (2), the words "proceedings on certain business and cooperative matters' are replaced by" proceedings on certain business, cooperative and other legal persons'.
19. In Paragraph 127 (4), the words "competent authority 'shall be deleted and the following sentence shall be added at the end:" The financial compensation shall be payable for the issue of a certificate or professional statement, if a special rule so provides'.
20.
Everyone shall be obliged to communicate to the court, free of charge, the facts relevant to the proceedings and decisions. Paragraph 139 (3) is without prejudice to this. Natural persons may refuse to communicate the facts to the court for the same reasons as a witness may do under Paragraph 126 (1). '
21. Article 171 (4) is added as follows:
"(4) The order ordering the interim measure under Paragraph 76a is enforceable by a declaration; if the declaration has not been made, it shall be enforceable as soon as it has been drawn up. ';
Article 22 (174) (3) reads as follows:
"(3) The late opposition shall be rejected by the President of the Chamber by a resolution; for lack of justification, resistance cannot be refused. The President of the Chamber shall also reject the opposition if it is submitted by the person who is not entitled to submit the opposition. ';
23. In Paragraph 175, the following paragraph 2 is inserted after paragraph 1:
"(2) Paragraph 173 (2) shall apply mutatis mutandis. ';
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
24. In Article 175 (3), the word "reject 'is replaced by" reject' and the following sentence is added at the end: "The opposition lodged by the President of the Chamber shall also be rejected if he who is not entitled to submit objections is also refused. '.
25. In Paragraph 175 (4), the last sentence shall be deleted.
26. § 175 is added paragraphs 5 and 6 as follows:
"(5) If the opposing party withdraws the opposition, the court shall, by order of the opposition proceedings, suspend the opposition; the negotiations need not be ordered.
(6) An appeal against the statement on costs alone is an appeal. '
27. in Article 200d (1), the words "district court of the county court" shall be replaced by the words "regional court."
28. Paragraph 2 shall be deleted in Article 200d.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
29. § 200e, including the title, reads:
Proceedings on certain issues of companies, cooperatives and other legal entities
(1) The regional court in whose territory the company or cooperative has its registered office shall be responsible for the proceedings in cases referred to in § 9 (4) (b) to (j).
(2) Unless the law provides that the proceedings referred to in paragraph 1 shall be initiated on a proposal, they may also be initiated on their own motion.
(3) Participation in the matters referred to in paragraph 1 is governed by the provisions of Paragraph 94. There is no need to order negotiations. He decides with a resolution.
(4) The provisions of paragraphs 1 to 3 shall apply mutatis mutandis to proceedings involving other legal persons in the cases referred to in Paragraph 9 (4) (j). "
30. In Article 210a, the words "or order on interim measure pursuant to Article 76a," shall be inserted after the words "order (s) '.
31. In Paragraph 218 (2), the following sentence is added at the end: "The same is true if the appeal against a preliminary ruling under Paragraph 76a was lodged within the time limit before the court competent pursuant to Paragraph 88 (c). '
32. In Paragraph 228 (1), the following words are inserted after the word "judgment ':" or the final order which has been decided on the substance of the case'.
33. In Paragraph 228 (2), the word "judgment 'is replaced by" decision'.
Section 229 reads:
Recovery shall not be permitted against:
(a) judgments declaring that marriage is being divorced, that it is invalid or that it is not here;
(b) judgments and resolutions whose revocation or amendment may be made otherwise. ";
35. in Paragraph 230 (2), the following words shall be inserted after the words "the power of judgment": "or the order which has been decided on the substance of the case."
36. In Paragraph 237, the word 'everyone' is deleted; in point (f), the following words shall be inserted after the words "were ':" incorrect in the course of proceedings';
37. Paragraph 237 is renumbered paragraph 1 and the following paragraph 2 is added:
"(2) The notice referred to in paragraph 1 shall not be admissible against judgments declaring that the marriage is being divorced or that it is not here. '
38. § 238 reads:
(1) The appeal is admissible against the judgment of the Court of Appeal which
(a) the judgment of the Court of First Instance in the substance of the case is amended;
(b) confirmed by the judgment of the Court of First Instance, which the Court of First Instance decided otherwise than in the previous judgment because it was bound by the legal opinion of the Court of Appeal which annulled the earlier judgment.
(2) The notice referred to in paragraph 1 is not admissible
(a) in cases in which, by virtue of the statement in question, a decision has been made on cash transactions not exceeding CZK 20,000 and CZK 50,000 in commercial matters,
(b) in cases governed by a family law, unless it is a judgment on the limitation or waiver of parental rights, the determination (denial) of paternity or the irrevocable adoption. ";
39. The following Section 238a is inserted after Section 238:
(1) The appeal is admissible against the order of the Court of Appeal
(a) amend the order of the Court of First Instance; This does not apply if the order on costs, jurisdiction, interim measures, suspension of proceedings, order fines, expert fees, interpretation fees, exemption from judicial fees, the provision of a representative of a participant or his appeal, the admission of representation, the fee of a notary for the actions of the judicial commissioner and his final expenses, the remuneration of the administrator of the succession and his final expenses,
(b) so decided that the withdrawal of the application is not permitted or that the withdrawal of the application is accepted, the decision of the Court of First Instance is annulled and the procedure is terminated (§ 208); this does not apply to cases in which a decision has been made on cash transactions not exceeding CZK 20,000 and CZK 50,000 in commercial matters,
(c) the decision of the Court of First Instance is annulled and the proceedings terminated or, where appropriate, the case has been referred to the institution under whose jurisdiction it belongs;
(d) the Court of Appeal has confirmed the order of the Court of First Instance terminating the proceedings for lack of jurisdiction;
(e) refused appeal;
(f) the appeal procedure is terminated.
(2) The notice referred to in paragraph 1 (a) and (b) shall not be admissible against the resolutions which have been adopted in matters governed by the family law. "
40.
(1) The appeal shall be admissible against the judgment or order of the Court of Appeal in the substance of the case in which the judgment of the Court of First Instance was upheld if, in the operative part of the decision, the appeal court declared that the appeal was admissible because the decision was of fundamental legal importance. The appellate court may also express the admissibility of the appeal on its own motion.
(2) If the appellate court does not comply with the application of a party to the plea of admissibility made at the latest before the judgment confirming the judgment or before the order (s) which was decided on the substance of the case, the appeal lodged by that party is admissible if the court of appeal concludes that the contested decision of the appellate court is of fundamental legal importance.
(3) Paragraphs 237 (2), 238 (2) and 238a (2) apply mutatis mutandis. '
41. § 241 reads:
(1) The transferee must be represented by a lawyer or a commercial lawyer if he does not have a legal education either himself or by his staff member acting as such. A commercial lawyer may only represent the solicitor within the scope of his authorisation provided for by specific regulations. 33)
(2) In addition to the general requirements (Paragraph 42 (4)), the reference to which the decision is directed, to what extent and for what reasons the decision is contested, or where evidence should be made to establish the ground of appeal and what the appellant seeks. If the applicant does not have a legal education, the application shall be made by a lawyer or a commercial lawyer or by an employee (s) of the lawyer with a legal education acting for him.
(3) The notice may be lodged only for one of the following reasons:
(a) there have been defects in the proceedings referred to in Article 237;
(b) the proceedings are affected by another defect which may have resulted in an incorrect decision in the case;
(c) the decision is based on a finding of fact which does not, in a substantial part, support it in the taking of evidence,
(d) the decision is based on an incorrect legal assessment of the case.
(4) Paragraphs 209 and 210 apply mutatis mutandis. '
42. In Paragraph 242 (1), the second sentence is deleted.
43. In Paragraph 242, the following paragraph 3 is inserted after paragraph 2:
"(3) The decision of the appeal court may be reviewed only for the reasons invoked in the appeal. However, as regards the defects referred to in Paragraph 237 and, where an appeal is admissible, the procedural defects which may have resulted in an incorrect decision in the case shall be taken into account by the Court of Appeal, even if they have not been invoked. '
Paragraph 3 shall become paragraph 4.
44. In Article 242 (4), the following words are inserted after the word "amend ':" permit reasons a'.
45.
(1) The Permit Court shall decide on the absence of a hearing. If it is considered appropriate or if the taking of evidence is carried out, it shall order the hearing to be heard.
(2) Evidence is carried out by a court of appeal only to prove the grounds for the appeal. The evidence shall be completed either by itself or through the Court of First Instance or by the court addressed.
(3) If the Court of Appeal orders the hearing, it shall proceed mutatis mutandis in accordance with Articles 215 and 216 (2).
(1) The Court of Appeal shall reject the application if it concludes that the decision of the Court of Appeal is correct. otherwise the contested decision shall be annulled.
(2) If the court of appeal withdraws the decision of the appeal court, it shall refer the case back to him for further proceedings. Where the grounds for which the decision of the Court of Appeal has been annulled, as well as at the decision of the Court of First Instance, are in force, the Court of First Instance shall revoke the decision and shall refer the case back to the Court of First Instance for further proceedings, or shall refer the case to the Court of First Instance in substance.
(3) If the court of appeal withdraws the decision of the Court of Appeal and the Court of First Instance on the grounds set out in Article 237 (a), (b), (d) and (e), it shall also decide to terminate the proceedings and, where appropriate, to refer the case to the institution under its jurisdiction.
(4) Paragraphs 218 (1), 224 (1) and 225 apply mutatis mutandis to proceedings before the Court of Appeal. If the appellant withdraws the request completely, the court of appeal shall terminate the proceedings.
(5) The Court of Appeal shall act by judgment if it rejects the appeal against the judgment of the Court of Appeal or if it rescues the judgment of the Court of Appeal; decide otherwise by a resolution. ';
46. In § 243c, the following words are inserted after the heading "95 ':" to 99'.
47. Article 243d (1) reads as follows:
"(1) If the court of appeal rescues the decision of the Court of Appeal (judgment of the Court of First Instance), the case shall be referred to the court to which the case has been referred or referred back for further proceedings. The Court of Appeal's legal opinion is binding on the Court of Appeal (Court of First Instance). The court shall decide on the costs of the proceedings, including those of the appeal, in a new decision on the case. '.
48. In Article 246b (1), the following sentence is added at the end: "The courts of the county shall act and decide on appeals against decisions relating to pension and pension insurance."
49. in Paragraph 250s (2), the following shall be inserted after the words "the Supreme Court": "in proceedings under the fourth part of this Act"; the following words are added at the end: "under the conditions laid down in the fourth part of this Act '.
50. In Article 260 (2), the words "President of the Chamber 'are replaced by the words" Court'.
Paragraph 2 shall be deleted in Paragraph 264.
Paragraph 3 shall become paragraph 2.
52. in Paragraph 268, the following paragraph 2 is inserted after paragraph 1:
"(2) The enforcement of the decision shall also be suspended if the debtor has made a financial claim for a legitimate hair.35a) and has made such a deduction to the competent authority, to the extent that he has been obliged to make such a deduction. ';
Paragraph 2 shall become paragraph 3.
53. Note 35a:
"35a) § 83 of ČNR Act No. 337 / 1992 Coll., on the Administration of Taxes and Fees, as amended. Section 8 et seq. of the ČNR Act No. 589 / 1992 Coll., on Social Insurance and Contribution to State Employment Policy, as amended. § 5 et seq. of Act No. 592 / 1992 Coll., on Insurance for General Health Insurance, as amended. '
54. The following Section 273a is inserted after Section 273:
(1) If the court has ordered a provisional measure to bring a minor into the care of a designated person (§ 76a), the President of the Chamber shall ensure that this decision is also implemented without delay.
(2) The enforcement of the decision shall be carried out by transferring the minor child to the custody of the designated persons, in cooperation with the competent national authorities; if the child is with another person, it will be taken away. Paragraphs 272 (2) and (3) and 273 shall not apply.
(3) The court which ordered the interim measure shall be responsible for the enforcement of this decision. Paragraph 76a (3) shall apply mutatis mutandis. ';
55. In Article 274 (e), the word "civil law" shall be deleted.
56.
On the application by a court entitled to order enforcement by order in which:
(a) order the Institute to block the funds in the debtor's account up to the amount of the debt recovered and its accessories after the order for enforcement has been served;
(b) order the Institute of Finance to write off the funds from the debtor's account up to the amount of the claim and its accessories and to pay them to the creditor, once it has been notified that the enforcement order has acquired legal authority;
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Regulation Information
| Citation | Act No. 238 / 1995 Coll., amending and supplementing Act No. 99 / 1963 Coll., Civil Code, as amended, and Act No. 114 / 1988 Coll., on the Jurisdiction of the Bodies of the Czech Socialist Republic in Social Security, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.10.1995 |
|---|---|
| Effective from | 01.01.1996 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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