Act No. 239 / 2008 Coll.
Law amending certain laws relating to registered partnerships
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Law
Effective from 01.07.2008
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239
THE LAW
of 6 June 2008
amending certain laws relating to registered partnership
Parliament has decided on this law of the Czech Republic:
Amendment of the Registered Partnership Act
Act No. 115 / 2006 Coll., on Registered Partnership and amending certain related laws, as amended by Act No. 261 / 2007 Coll., is amended as follows:
1. In Article 2 (3), the words "the office responsible for the management of the special matrix 'are replaced by the words" the Office of the City of Brno'.
2. Paragraph 24, including footnotes 4 and 5, reads as follows:
(1) A citizen who wishes to enter a partnership and is registered for permanent residence in the Czech Republic is obliged to prove his identity to the competent authority and to attach to the form referred to in Section 23:
(a) birth certificate;
(b) proof of national citizenship (4);
(c) a statement of data from the information system of the population register (hereinafter referred to as "the population register extract") on the place of permanent residence;
(d) an extract from the population records of the family status or partnership;
(e) the final judgment on the divorce of a marriage, if divorced, or the death certificate of the deceased spouse, if the widowed or, if applicable, the final decision of the court of annulment of the partnership, or the death certificate of the deceased partner, if he lived in a partnership.
(2) A citizen wishing to enter into a partnership shall not be obliged to submit the documents referred to in paragraph 1 (b) to (e) if the facts referred to therein are verified by the competent matrix authority from the population registration information system or the citizens' registration information system, provided that such information systems are connected in a way that allows remote access (5), or if the citizen proves them by a citizen's card.
4) § 20 of Act No. 40 / 1993 Coll., on the Acquisition and Absence of Citizenship of the Czech Republic, as amended by Act No. 194 / 1999 Coll., Act No. 320 / 2002 Coll. and Act No. 357 / 2003 Coll.
5) Act No. 328 / 1999 Coll., on Civil ID, as amended. Act No. 133 / 2000 Coll., on the registration of residents and birth numbers and on the amendment of certain laws (Act on the registration of residents), as amended. '
3. The following Section 24a is inserted after Section 24:
(1) A citizen who wishes to enter a partnership and has a permanent or similar residence abroad shall be required to prove his identity to the competent authority of the matrix and to attach to the form referred to in Article 23 the documents referred to in Article 24 (1), or the corresponding equivalent documents, if they are issued by a foreign State.
(2) The documents referred to in Article 24 (1) (c) and (d) or corresponding documents, if issued by a foreign State, must be issued by the State in whose territory a citizen wishing to enter into a partnership has a permanent or similar residence. "
4. Paragraph 25, including footnote 6, reads as follows:
(1) A person wishing to enter into a partnership and who is a foreigner is obliged to add to the form referred to in Article 23:
(a) birth certificate;
(b) proof of citizenship;
(c) proof of legal capacity to enter a partnership, if issued by a foreign State,
(d) certificates of family status or partnership and residence if issued by a foreign State;
(e) death certificate of the deceased spouse, if it is a widowed stranger; the document does not need to be presented if this is indicated in the document of legal capacity to enter the partnership,
(f) a final judgment on the divorce of a marriage, if a stranger wishing to enter into a partnership is divorced, or a final decision of the court to abolish a partnership, or a death certificate of a deceased partner, if it is a stranger who lived in a partnership,
(g) proof of identity.
(2) A stranger who wishes to enter a partnership and does not have permanent residence in the territory of the Czech Republic will submit a certificate issued by the Police of the Czech Republic on the validity of residence in the Czech Republic before entering the partnership; This does not apply if it is a citizen of the European Union, a citizen of another Contracting State of the Agreement on the European Economic Area, or their family members (6). This certificate shall not be more than 7 working days old on the date of entry into the partnership.
(3) The particulars referred to in paragraph 1 (b) to (d) may be shown on one document; citizenship can also be demonstrated by a travel document.
(4) The proof of legal capacity to enter a partnership shall not exceed 6 months at the date of entry into the partnership.
(5) The competent authority may, at the request of a person wishing to enter a partnership and granted asylum, waive the presentation of the documents referred to in points (a) to (f) of paragraph 1 if their action is linked to a difficult obstacle.
6) Article 24 of Directive 2004 / 38 / EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. ';
5. Paragraph 29 (4) reads as follows:
"(4) In order to enter the registered partnership book, the competent matrix authority shall use data from the population information system on persons wishing to enter the partnership to the extent of:
(a) the name and / or the names, surnames and surnames, if any;
(b) the date and place of birth;
(c) birth number, citizenship,
(d) the status of the family, the date and place of the marriage, the date on which the decision of the court to declare the marriage null and void was taken, the date on which the court to decide the absence of marriage was taken, the date on which the marriage was terminated, the date on which the decision of the court to declare that the marriage had been annulled, the date on which the marriage had become final, or the date on which the decision of the court to divorce the marriage had become final,
(e) the date and place of establishment of the partnership, the date on which the court of invalidity or the absence of a partnership took its decision, the date on which the partnership was terminated by the death of one of the partners, or the date on which the court's decision to declare one of the partners dead was acquired, and the date on which the court of annulment of the partnership was referred to in the final decision of the court of death as the date of death, or the date on which it became final.
This data shall be used in a way that allows remote access (4). ';
6. The following Section 38a is inserted after Section 38:
(1) If the applicant complies fully with the provisions of Paragraph 2 (4), the decision shall not be drawn up in writing.
(2) Where applicants fail to comply in full pursuant to Articles 28 (2) or (3), 33 (1) (a) or (d) or 35 (1) (a) or (d), a decision shall be taken. ';
Amendment of the State Statistical Service Act
Act No. 89 / 1995 Coll., on the State Statistical Service, as amended by Act No. 356 / 1999 Coll., Act No. 220 / 2000 Coll., Act No. 256 / 2000 Coll., Act No. 411 / 2000 Coll., Act No. 202 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 81 / 2004 Coll., Act No. 562 / 2004 Coll., Act No. 342 / 2005 Coll., Act No. 230 / 2006 Coll., Act No. 245 / 2006 Coll., and Act No. 342 / 2006 Coll., is amended as follows:
1. in Paragraph 9a (2) (a) (10):
"10. Family status, date and place of marriage, date on which the court's decision to declare a marriage null and void was taken, date on which the court's decision on the absence of marriage was acquired, date on which the marriage was terminated by the death of one of the spouses, or date on which the court's decision on the death of one of the spouses was acquired, and the date on which the court's decision on divorce was referred to as the date of death, or, where appropriate, the date on which the marriage was acquired;"
2. in Paragraph 9a (2) (a), the following point 11 is inserted after point 10, including footnotes 5j, 5k and 5l:
"11. Date and place of establishment of a registered partner5j) (hereinafter referred to as" partnership "), date of acquisition of legal power of a court decision on invalidity or absence of partner5k), date of termination of partnership by the death of one of the partners, or date of acquisition of legal power of a court decision on the declaration of death of one of the partners, and the date of final decision of the court on death as the date of death or, where appropriate, the date of acquisition of legal power of the court of annulment of the partnerd5l),
5j) § 1 of Act No. 301 / 2000 Coll., on Matrices, Name and Surname and on the amendment of certain related laws, as amended. § 2 (2) of Act No. 115 / 2006 Coll., on Registered Partnership and on the amendment of certain related laws.
5k) § 5 of Act No. 115 / 2006 Coll.
5l) § 14 of Act No. 115 / 2006 Coll. '.
Points 11 to 14 shall be renumbered 12 to 15.
3. in Paragraph 9a (2) (b), the following point 10 is inserted after point 9:
"10. Date and place of formation of partner5j), date of acquisition of the legal power of the court's decision of invalidity or absence of partner5k), date of termination of partnership by the death of one of the partners, or date of acquisition of legal authority of the court's decision on the declaration of death by one of the partners and the date of final decision of the court's decision on death as the date of death, or date of acquisition of the legal power of the court's decision of termination of the partner5l) ';
Points 10 to 13 shall become points 11 to 14.
Amendment of the State Social Support Act
Act No. 117 / 1995 Coll., as amended by Act No. 137 / 1996 Coll., Act No. 132 / 1997 Coll., Act No. 122 / 1997 Coll., Act No. 91 / 1998 Coll., Act No. 158 / 1998 Coll., Act No. 360 / 1999 Coll., Act No. 151 / 2002 Coll., Act No. 309 / 2002 Coll., Act No. 320 / 2003 Coll., Act No. 125 / 2003 Coll., Act No. 362 / 2003 Coll., Act No. 424 / 2003 Coll.
1. In Article 7, the following paragraph 13 is added:
"(13) Like the partner referred to in paragraphs 2 (b) and (c), 3 (c) and 31 (1), a partner with whom a citizen of a Member State of the European Union has entered into a registered partnership under the legislation of another Member State of the European Union shall be assessed for the purposes of this Act."
2. In Paragraph 31, the words "or partner31a 'shall be added at the end of paragraph 2.
3. in Paragraph 63 (7) (a) (12):
"12. Family status, date and place of marriage, date on which the court's decision to declare a marriage null and void is taken, date on which the court's decision on the absence of marriage is acquired, date on which the marriage is terminated by the death of one of the spouses, or date on which the court's decision on the death of one of the spouses is acquired, and date on which the court's decision on divorce was referred to as the date of death, or, where appropriate, the date on which the marriage is acquired;"
4. in Paragraph 63 (7) (a), the following point 13 is inserted after point 12:
"13. Date and place of the formation of a registered partner31a), the date of the acquisition of the legal power of a court decision on the invalidity or absence of a registered partnership, the date of the death of one of the partners, or the date of the acquisition of the legal power of the court decision on the declaration of death and the date of the final decision of the court on the death or, where applicable, the date of the death or the date of the acquisition of the legal power of the court decision on the revocation of the registered partnership; ';
Points 13 to 17 shall become points 14 to 18.
5. in Paragraph 63 (7) (a) (14):
"14. The birth number of the spouse or partner, as appropriate; if the spouse or partner is a stranger who is not assigned a birth number, his name and, where applicable, his name, surname and date of birth, '.
6. in § 63 (7) (b) (12):
"12. Family status, date and place of marriage, date on which the court's decision to declare a marriage null and void is taken, date on which the court's decision on the absence of marriage is acquired, date on which the marriage is terminated by the death of one of the spouses, or date on which the court's decision on the death of one of the spouses is acquired, and date on which the court's decision on divorce was referred to as the date of death, or, where appropriate, the date on which the marriage is acquired;"
7. In Paragraph 63 (7) (b), the following point 13 is inserted after point 12:
"13. name, where applicable, name, surname of partner, birth number or date of birth of partner, date and place of birth of registered partner31a), date of acquisition of the legal authority of the court of invalidity or absence of registered partnership, date of death of registered partnership by the death of one of the partners, or date of acquisition of legal authority of the court of declaration of death and date of final decision of the court of death as the date of death, or date of acquisition of legal authority of the decision of the court of revocation of registered partnership; ';
Points 13 to 17 shall become points 14 to 18.
Amendment of the citizens' registration law
Act No. 133 / 2000 Coll., on the registration of residents and birth numbers and on the amendment of certain laws (Act on the registration of residents), as amended by Act No. 2 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 53 / 2004 Coll., Act No. 501 / 2004 Coll., Act No. 444 / 2005 Coll., Act No. 68 / 2006 Coll., Act No. 115 / 2006 Coll., Act No. 161 / 2006 Coll., Act No. 165 / 2006 Coll., Act No. 189 / 2006 Coll., and Act No. 342 / 2006 Coll., are amended as follows:
1. in Article 3 (2) (b), the words "or registered partnership (hereinafter referred to as" partnership ")" shall be replaced by "or the formation of a registered partnership (hereinafter referred to as" partnership ") 5d";
Footnote 5d:
"5d) § 1 (1) of Act No. 301 / 2000 Coll., on Matrices, Name and Surname and on the amendment of certain related laws, as amended by Act No. 115 / 2006 Coll. '.
Footnotes 5d and 5e to date are referred to as footnotes 5e and 5f, including the footnotes.
2. in Article 3 (3) (l), including footnotes 5f to 5i:
"(l) the marital status, the date and place of the marriage, the date on which the court's decision to declare marriage invalid 5f), the date on which the court's decision on the absence of marriage 5g), the date of the death of one of the spouses, or the date on which the court's decision to declare one of the spouses' death was taken, and the date on which the court's decision to divorce the marriage was referred to as the date of death, or, where appropriate, the date on which the marriage did not survive 5h), or the date on which the legal authority of the court's decision on divorce of marriage 5i),
5f) § 11 et seq. of Act No. 94 / 1963 Coll., on Family, as amended.
5g) § 17a of Act No. 94 / 1963 Coll.
5h) § 22 of Act No. 94 / 1963 Coll.
5i) § 24 of Act No. 94 / 1963 Coll. '.
Footnotes 5f and 5g are referred to as footnotes 5j and 5k, including the footnotes.
3. in Article 3 (3), the following point (m) is inserted after point (l):
"(m) the date and place of the partner5l), the date of the acquisition of the legal power of the court's decision of invalidity or the absence of partners5m), the date of the termination of the partnership by the death of one of the partners, or the date of the acquisition of the legal power of the court's decision on the declaration of the death of one of the partners, and the date of the final decision of the court's decision on the death of the death, or, where applicable, the date on which the court's decision on the termination of the partnerd5n);
5l) § 1 of Act No. 301 / 2000 Coll. § 2 (2) of Act No. 115 / 2006 Coll., on Registered Partnership and on the amendment of certain related laws.
5m) § 5 of Act No. 115 / 2006 Coll.
5n) § 14 of Act No. 115 / 2006 Coll. '.
Points (m) to (r) shall be renumbered as points (n) to (s).
Footnotes 5j and 5k are referred to as footnotes 5o and 5p, including the footnotes.
4. in Paragraph 3 (3) (s):
"(s) the date indicated in the court's decision on the death declaration as the day of death, or the day which he did not survive."
5. in Article 3 (4) (l):
"(l) the family status, the date and place of the marriage, the date on which the court's decision to declare marriage invalid 5f), the date on which the court's decision on the absence of marriage 5g), the date of the death of one of the spouses, or the date on which the court's decision to declare one of the spouses' death was taken, and the date on which the court's decision to divorce the marriage was referred to as the date of death, or the date on which it did not survive 5h), or the date on which the court's decision on the divorce of the marriage was taken);"
6. in Article 3 (4), the following point (m) is inserted after point (l):
"(m) the date and place of the formation of the partner5l), the date of the acquisition of the legal power of the court's decision on the invalidity or absence of partner5m), the date of the termination of the partnership by the death of one of the partners, or the date of the acquisition of the legal power of the court's decision on the declaration of the death of one of the partners, and the date of the final decision of the court on the death of the death, or the date on which the court's decision on the annulment of the partnership 5n),";
Points (m) to (u) shall be renumbered as points (n) to (v).
7. in Article 3 (4) (u):
"(u) the date given in the court's decision on the death declaration as the day of death or, where appropriate, as the day which he did not survive, '.
8. In Article 3, at the end of the text of paragraph 7, the words "including, if known, the data to which such changes have taken place 'shall be added.
9. in § 3a (1), § 4 and 5, "§ 3 (3) (o) and (p) and under § 3 (4) (p) and (r)" shall be replaced by "§ 3 (3) (p) and (q) and under § 3 (4) (q) and (s)";
10. In Article 3a (2), the words "the first sentence" shall be inserted after the words "paragraph 1."
11. In Section 3a, at the end of paragraph 2, the words "in the cities of Brno, Ostrava and Plzeň the magistrates of these cities" are added.
12. in § 6a (a) (4):
"4. family status, the date and place of marriage, the date on which the court's decision to declare a marriage invalid 5f), the date on which the court's decision on the absence of marriage 5g), the date on which the marriage was terminated by the death of one of the spouses, or the date on which the court's decision to declare one of the spouses dead was acquired, and the date on which the court's decision to divorce the marriage was referred to as the date of death or, where appropriate, the date on which the marriage did not survive 5h), or the date on which the court's decision on divorce was taken by the marriage 5i),";
13. in Article 6a (a), the following point 5 is inserted after point 4:
"5. the date and place of the formation of the partner5l), the date of the acquisition of the legal power of the court's decision on the invalidity or absence of partner5m), the date of the termination of the partnership by the death of one of the partners, or the date of the acquisition of the legal power of the court's decision on the declaration of one of the partners for the death of one of the partners, and the date of the final decision of the court's decision on the termination of the partner5n) ';
Points 5 to 9 shall be renumbered 6 to 10.
14. in Article 7 (c) (6), the words "their names, names and surnames, where appropriate," shall be replaced by the words "their names, names, surnames and date of birth shall be transmitted."
15. in Article 7 (c) (6), the words "this entry is not reported" shall be replaced by the words "this entry shall not be reported."
16. in § 7 (e) (11):
"11. family status, date and place of marriage, date of acquisition of legal power of the court's decision on the declaration of marriage as invalid 5f), date of acquisition of legal power of the court's decision on the absence of marriage 5g), date of death of the marriage by the death of one of the spouses, or date of acquisition of legal power of the court's decision on the declaration of the marriage of one of the spouses for the death of 5h), or date of acquisition of legal power of the court's decision on the death of one of the spouses, 5i),"
17. in Article 7 (e), the following point 12 is inserted after point 11:
"12. Date and place of creation of partner5l), date of the acquisition of legal power of the court's decision of invalidity or absence of partner5m), date of termination of the partnership by the death of one of the partners, or date of acquisition of legal authority of the court's decision on the declaration of death by one of the partners and the date of final decision of the court's decision on death as the date of death, or date of acquisition of legal power of the court's decision of termination of the partner5n) ';
Points 12 to 16 shall be renumbered 13 to 17.
18. in Article 7, point (f) is deleted;
19. in Paragraph 8 (3), "§ 3 (3) (o) and § 3 (4) (p)" is replaced by "§ 3 (3) (p) and § 3 (4) (q)";
20. in Paragraph 8 (10) (e), the words "or partner" shall be added after the words "and the spouse."
21. in Article 9 (1), "50" is replaced by "75."
22. In Paragraph 10 (1), the words "(hereinafter referred to as the object) 'shall be inserted after the word" recreation'.
23. Paragraph 10 (8) reads:
"(8) The Office shall inform the owner of the object, at his written request, of the name and, where applicable, the name, surname and date of birth of the citizen to whom he has a permanent address. The communication of the reporting office according to the first sentence shall be delivered to the owner of the object in his own hands. ';
24. in Article 13b, the following points (a) and (b) are inserted at the beginning of paragraph 3:
"(a) the reason for the assignment of the birth number (§ 16),
(b) the indication of the place of issue which the birth number has been assigned; ';
Points (a) to (f) shall be marked as points (c) to (h).
25. In Article 17, the following paragraph 6 is inserted after paragraph 5:
"(6) A change in the birth number shall not be made where two or more natural persons of the same sex, born on the same day, month and year to the same mother, use a nine-digit or 10-digit number instead of the assigned birth number which, by definition of the birth number referred to in paragraphs 13 (3) and (4), corresponds to the date of birth and the figure of which has been created by an incorrect transcription of the birth number in the personal and official documents and other documents by the public authorities, by mutual alteration of the birth numbers of those natural persons, provided that:
(a) it is demonstrated that each natural person has been using this number for more than 20 years; and
(b) each natural person shall declare in writing that he does not request that the number used be changed to a new birth number. ";
Paragraph 6 shall become paragraph 7.
26. in Paragraph 17b (2):
"(2) The application shall also include a copy of the birth certificate of the carrier of the birth number for which verification is requested and, where appropriate, other proof of his date and place of birth and citizenship. The application shall also be accompanied by a copy of the identity card or travel document of the carrier of the birth number or his legal representative who is the applicant for verification of the birth number. ';
Entitlement to declare the full text of the law
The Prime Minister is hereby authorised to declare in the Collection of Laws the full text of Act No. 133 / 2000 Coll., on the registration of residents and birth numbers and on the amendment of certain laws (the Act on the registration of residents), as is apparent from the later laws.
Amendment of the Matrix Act, name and surname
Act No. 301 / 2000 Coll., on Matrices, Name and Surname and on the Amendment of Certain Related Acts, as amended by Act No. 320 / 2002 Coll., Act No. 578 / 2002 Coll., Act No. 165 / 2004 Coll., Act No. 422 / 2004 Coll., Act No. 499 / 2004 Coll., Act No. 21 / 2006 Coll., Act No. 115 / 2006 Coll., Act No. 165 / 2006 Coll. and Act No. 342 / 2006 Coll., is amended as follows:
1. In Article 1 (1), the words "the registration of partnerships' are replaced by the words" the creation of a registered partnership (hereinafter referred to as "the partnership ')' and the words" and the birth, the conclusion of marriages' are replaced by the words "the creation of a partnership '.
2. in Article 2 (1) (a), the words "urban authorities," shall be deleted;
3. In Article 3 (4), the words "the creation of partnerships' shall be inserted after the words" the conclusion of marriages'.
4. In Article 4 (2), the words "and of the death certificates' shall be inserted after the words" and of the partnership documents'; the words ", the certificate of legal capacity to enter the registered partnership 'shall be inserted after the words' and the words' and the confirmation of the particulars contained in the instrument collection and in the duplicate of the matrix kept until 31 December 1958 ';
5. In Paragraph 4a (2), the words ", the certificate of legal capacity to enter a registered partnership 'shall be inserted after the words" in the Matrix Book', the words "and the certificate of data contained in the Charter Collection and in the duplicate of the Matrix Book held until 31 December 1958 'shall be inserted and the words" the Matrix Authorities' shall be inserted after the word "issued '.
6. The following Section 4b is inserted after Section 4a:
(1) The Ministry controls the exercise of delegated powers in the field of matrices, use and change of name and surname at the matrix offices, extended offices and regional offices.
(2) For the purposes of carrying out the checks referred to in paragraph 1, the provisions of the municipal body on the control of the exercise of delegated powers shall apply mutatis mutandis to the matrix authorities, the authorities with extended competence and the municipalities of the cities of Brno, Ostrava and Pilsen. ';
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Regulation Information
| Citation | Act No. 239 / 2008 Coll., amending certain laws related to registered partnership |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.07.2008 |
|---|---|
| Effective from | 01.07.2008 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Taxes
Social security benefits
Finance
Financial control
Information, Data, Data
Power of executive and government authorities
Civil law
Civil law substantive
Fees
Social security law
Social Services, Social Assistance
Administrative authorities
Administrative law
Administrative procedure
Citizenship
Government
Constitutional (state) law
Science and research
General internal administration
Diseases, Sickness benefits
Fundamental human rights
Minimum of life, Emergency
The regulation text is for informational purposes only.
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