Act of the Czech National Council No. 24 / 1993 Coll.
Act of the Czech National Council amending and supplementing the Civil Code
Valid
Effective from 01.01.1993
24
THE LAW
Czech National Council
of 21 December 1992
amending and supplementing the Civil Code
The Czech National Council decided on this law:
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. and Act No. 263 / 1992 Coll. (Complete version No. 501 / 1992 Coll.) are amended as follows:
1. Paragraph 8a, including the title, reads:
Disputes of jurisdiction
The Supreme Court shall rule on jurisdiction between courts and public authorities; the proceedings are the jurisdiction of the Supreme Court, within whose jurisdiction the seat of the authority of the State in question is situated. ';
2. in § 9 (2) (h), the words "Czechoslovak courts" are replaced by the words "courts of the Czech Republic"; in Article 9 (3) (c) (ll), the words "the Czechoslovak Court 'are replaced by the words" the Court of the Czech Republic';
3. In Paragraph 10 (2), the words "the Supreme Court of the Czech Republic and the Supreme Court of the Slovak Republic shall decide 'shall be replaced by the words" the Supreme Court'.
4. In Paragraph 10a (1), the words "the Supreme Court of the Czech Republic and the Supreme Court of the Slovak Republic shall decide 'shall be replaced by the words" the Supreme Court'.
5. Article 10a (2) reads as follows:
"(2) The Supreme Court of the Czech Republic (the Supreme Court) shall decide on appeals against decisions of the Supreme Court as appellants' courts. '
6. In Article 11 (3), the words "Czechoslovak courts' are replaced by the words" Czech courts'; the words "Czech and Slovak Federal Republics' are deleted.
7. In Paragraph 12 (3), the second sentence is deleted.
8. In the second sentence of Paragraph 16 (1), the words "the Czech Republic, the Supreme Court of the Slovak Republic and the Supreme Court of the Czech and Slovak Federal Republics' are replaced by the words" and supreme courts'.
9. In Paragraph 25 (3) at the end, a dot is deleted and the words "or a barrister is inserted, except where representation is compulsory under this law."
10. in footnote 33), the words "provided by them" are replaced by the words "and the laws of SNR No 129 / 1991 Coll., on commercial lawyers."
11. § 36c reads:
The Supreme Court and the Supreme Courts shall act and rule in the Chambers. ';
12. In Paragraph 86 (1), the words "Czechoslovak citizen" are replaced by the words "Czech citizen" and the words "Czech and Slovak Federal Republic" are replaced by the words "Czech Republic."
13. in § 86 (2) and (3), the words "Czech and Slovak Federal Republic" are replaced by the words "Czech Republic."
14. in § 87 (d), "Czechoslovak" is replaced by "Czech."
15. in Paragraph 88 (1) (a), (f) and (n), the words "in the Czech and Slovak Federal Republic" shall be replaced by the words "in the Czech Republic"; in point (n), the words "Czechoslovak" shall be replaced by the words "domestic."
16. in § 105 (2), the words "Czech and Slovak Federal Republic" are deleted.
17. in the second sentence of Paragraph 106 (1), "Czechoslovak law" is replaced by "Czech law."
18. in Paragraph 109 (1) (b), the second sentence shall read: "It shall proceed accordingly if it has concluded here before the judgment in the case that the law to be applied in the resolution of the case is contrary to a constitutional law or an international treaty which has precedence over the law. 33a) In that case, the case shall be referred to the Constitutional Court. '.
The footnote is:
"33a) Article 10 of the Constitution of the Czech Republic."
19. in § 121, the words "Czech and Slovak Federal Republic" are replaced by the words "Czech Republic."
20. In Section 134, the words "Czechoslovak courts' are replaced by the words" Czech courts'.
21. the first sentence of Paragraph 135 (1) shall be deleted; the words "There is a court 'shall be replaced by the words" There is a court';
22. in footnote 34), after the number "573 / 1990 Coll." comma is replaced by a dot and the words "and Decree of the Ministry of Justice of the Slovak Republic No 240 / 1990 Coll., on the remuneration and compensation of lawyers for providing legal aid, as amended by Decree No 44 / 1991 Coll."
23. in Paragraph 175z (1), the words "the Czechoslovak Court" are replaced by the words "the Court of the Czech Republic";
24. in Paragraph 175z (2), the word "Czechoslovak" is replaced by the word "domestic."
25. Paragraph 246 (2) shall be deleted; paragraphs 3 and 4 shall be renumbered paragraphs 2 and 3.
Article 26 (246) (2) reads as follows:
"(2) The Supreme Court shall have jurisdiction to review the decisions of the central authorities of the Czech Republic, with the exception of matters concerning pension and sickness insurance and the physical security of jobseekers under the employment rules."
27. in footnote 35), the words "§ 27 (3) of the SNR Act No. 132 / 1990 Coll., on the Advocate General, § 28 of the SNR Act No. 129 / 1991 Coll., on commercial lawyers," are deleted.
28. in Article 250s (2), the words' the Supreme Court of the Republic 'shall be replaced by' the Supreme Court ';
29. in Article 252 (2), the words "Czech and Slovak Federal Republic" are replaced by the words "Czech Republic."
30.
"(1) Deductions shall be made from a net wage, which shall be calculated by deducting from the salary the advance on the income tax on natural persons deducted from income from dependent activities and functional benefits, social security contributions, contribution to national employment policy and general health insurance premiums (hereinafter referred to as" the deducted amounts'). The deducted amounts shall be calculated in accordance with the conditions and rates applicable to the debtor in the month for which the net wage is collected. ';
31. in § 278, the words "Czech and Slovak Federal Republic" are replaced by the words "Czech Republic."
32. in Article 279 (3), the words "Czech and Slovak Federal Republic" are replaced by the words "Czech Republic."
33. in Article 303 (1), the word "Czechoslovak" is replaced by the word "domestic."
34. In Section 373, the words "the Czech Republic (hereinafter referred to as the Ministry of Justice) 'shall be inserted after the words" the Ministry of Justice'.
35. in Article 374 (1), the words "the Ministry of Justice of the Republics shall be authorised" shall be replaced by the words "the Ministry shall be empowered"; in the second sentence, "may 'is replaced by" may';
36. In Section 374a, the words "Ministry of Justice of the Republic 'are replaced by the words" Ministry'.
Act No. 519 / 1991 Coll., amending and supplementing the Civil Code and the Notary Order, is amended as follows:
1. in Article III (1) (a), the words "Supreme Court of the Republic" shall be replaced by the words "Supreme Court."
2. In Article III (1) (i), the words "the courts responsible for the proceedings in accordance with the provisions in force until the date of entry into force of this Law; the provisions of these provisions shall also apply to complaint proceedings' shall be replaced by the words" supreme courts; the provisions in force until the date of application of this law shall apply to the handling of the complaint '.
3. in Article III (11), the words "the Czech and Slovak Federal Republic 'are replaced by the words" the Czech Republic';
4. In Article III (12), the words "Ministers of Justice of the Czech Republic and the Slovak Republic are hereby authorised to lay down a general binding law 'are replaced by the words" the Ministry of Justice of the Czech Republic and the Slovak Republic shall lay down a general binding law'.
1. Cases in which the jurisdiction of the Supreme Courts is given and in which proceedings have been brought before the Supreme Court and the Supreme Courts have not been definitively decided by the date of entry into force of this Law, shall be taken over and completed by the Supreme Courts.
2. Where a special rule provides that the jurisdiction of the Supreme Court is to be given to review administrative decisions, the supreme court shall have jurisdiction.
3. Cases pending by the Supreme Court of the Czech and Slovak Federal Republic in which no decision will be taken by the date of entry into force of this Act shall be taken over and completed by:
(a) The Supreme Court, if it is an appeal procedure, if there is a court in the territory of the Czech Republic which has decided at first instance or if there is a court in the territory of the Czech Republic which, under this law, would have jurisdiction to discuss the matter at first instance;
(b) The Supreme Court, if it is a matter of designating a locally competent court, if the court which brought the case before the Supreme Court of the Czech and Slovak Federal Republic has its seat in the Czech Republic pursuant to § 105; in other cases, if the applicant is domiciled in the territory of the Czech Republic;
(c) The Supreme Court, if it is a judgment in a dispute over jurisdiction pursuant to § 8a (2) and a decision on the commandment of a case under § 12 (3), second sentence, if the seat of the person who applied for the decision is in the Czech Republic;
(d) the Supreme Court, if an action is brought against a decision of an administrative authority, if the administrative authority of the Czech Republic is competent to rule.
4. The Supreme Court is also responsible for reviewing the decision of the central authorities of the Czech and Slovak Federal Republic if, after the date of application of this law, the authority of the administrative authority of the Czech Republic is given to decide the case.
This Law shall take effect on 1 January 1993.
Uhde v. r.
Klaus v. r.
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Regulation Information
| Citation | Act of the Czech National Council No. 24 / 1993 Coll., amending and supplementing the Civil Code |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.1992 |
|---|---|
| Effective from | 01.01.1993 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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