Act No. 259 / 2008 Coll.
Act amending Act No. 99 / 1963 Coll., Civil Code, as amended, and some other laws
Valid
Effective from 01.09.2008
259
THE LAW
of 25 June 2008
amending Act No. 99 / 1963 Coll., the Civil Code, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Civil Code
Act No. 1 / 2006, Act No. 5, Act No. 6, Act No. 5, Act No. 6, Act No. 6, Act No. 6, Act No. 6, Act No. 6, Act No. 6, Act No. 6, Act No. 6, Act No. 6, Act No. 6, Act No. 6, Act No. 6, Act No. 6 / 2001, Act No. 6 / 2001, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 6 / 2006, Act No. 5 / 2004, Act No. 6 / 2004, Act No. 6 / 2001, Act No. 5, Act No. 6 / 2004, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 6, Act No. 6, Act No. 6, Act No. 6, Act No. 2006, Act No. 2006, Act No. 6, No 2006, Act No. 2006, No 2006, Act No. 6, Act No. 2006, Act No. 2006, Act No. 2006, No 2006, No. 2006, No. 2006, No. 2006, No. 2006, No. 2006, No. 2006, No. 2006, No. 2006
In Article 338ze (1), the following point (f) is inserted after point (e):
"(f) claims on maintenance arrears,"
Points (f) and (g) shall be renumbered as points (g) and (h).
Amendment to the Act on Social Protection for Children
Act No. 359 / 1999 Coll., on the Social Protection of Children, as amended by Act No. 257 / 2000 Coll., Act No. 272 / 2001 Coll., Act No. 309 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 518 / 2002 Coll., Act No. 222 / 2003 Coll., Act No. 52 / 2004 Coll., Act No. 315 / 2004 Coll., Act No. 436 / 2004 Coll., Act No. 165 / 2006 Coll., Act No. 176 / 2007 Coll., Act No. 57 / 2005 Coll., Act No. 81 / 2005 Coll., Act No. 112 / 2006 Coll., Act No. 134 / 2006 Coll., Act No. 165 / 2006 Coll., Act No. 176 / 2007 Coll., Act No. 124 / 2008 Coll., is amended as follows:
1. In Article 11 (1), the dot at the end of point (d) is replaced by a comma and the following point (e) is added:
"(e) assist in the exercise of the child's right to maintenance and in the enforcement of the maintenance obligation on the child, including assistance in bringing an application to the court; cooperate, in particular, with the authorities of assistance in material emergencies, obliged persons, law enforcement authorities and courts. ';
2. In Paragraph 51 (5) (b), the word "or 'is replaced by the word" or' and at the end of the text of the letter the words' or that the child's maintenance obligation is not fulfilled 'are added.
Amendment of the Enforcement Order
Act No. 120 / 2001 Coll., on judicial execution and enforcement activities (Enforcement Order) and amending other laws, as amended by Act No. 6 / 2002 Coll., Act No. 279 / 2003 Coll., Act No. 360 / 2003 Coll., Act No. 53 / 2004 Coll., Act No. 257 / 2004 Coll., Act No. 284 / 2004 Coll., Act No. 499 / 2004 Coll., Act No. 501 / 2004 Coll., Act No. 253 / 2005 Coll., Act No. 296 / 2007 Coll., Act No. 347 / 2007 Coll., Act No. 70 / 2006 Coll., Act No. 79 / 2006 Coll., Act No. 133 / 2006 Coll., Act No. 253 / 2006 Coll., Act No. 296 / 2007 Coll., Act No. 347 / 2007 Coll., is amended as follows:
1. In Article 30, the words "if not for the execution of a maintenance minor 'shall be added at the end of the text in point (b).
2. In Paragraph 55 (2), the second sentence is replaced by the sentence "The Court of First Instance shall not suspend execution if the conditions for the exemption of a creditor under a special legislation or if the execution is to be carried out in order to obtain the maintenance of a minor child '.
3. Paragraph 90 (3) reads as follows:
"(3) If the execution is not intended for the recovery of a maintenance minor, the executor shall have the right to request from the creditor a reasonable advance on the costs of the execution. ';
Change of aid law in material emergency
Act No. 111 / 2006 Coll., on aid in material distress, as amended by Act No. 165 / 2006 Coll., Act No. 585 / 2006 Coll., Act No. 261 / 2007 Coll. and Act No. 379 / 2007 Coll., is amended as follows:
1. In Article 24 (1), the dot at the end of point (d) is replaced by a comma and the following point (e) is added:
"(e) in the case of a person not referred to in (a) or (b) who owes maintenance to a minor child an amount greater than three times the monthly instalment provided for in the decision of the court or tribunal, or more than the amount which would amount to 3 months if the maintenance obligation is otherwise provided for, the amount of the existence minimum, not of the person who incurred the maintenance debt after the application for a living allowance has been submitted to the court by reason of insufficient income, for an application to cancel or reduce the maintenance; the increase in the amount of living provided for in paragraphs 25 to 30 does not apply to that person. ';
2. In Paragraph 61, the dot is replaced by a comma at the end of paragraph 1 and the following point (g) is added:
"(g) cooperate, in particular, with the social protection bodies of children, obliged persons, law enforcement authorities and courts in exercising the child's right to maintenance and enforcement."
3. In Paragraph 72 (3), the dot at the end of point (d) is replaced by a comma and the following point (e) is added:
"(e) a declaration of compliance with a court-appointed maintenance obligation against a minor child and, where appropriate, the amount of the maintenance debt."
Transitional provision
Where, on the date of application of this law, a maintenance allowance is paid to a person who has been established by a court in respect of a minor child, the amount of the subsistence allowance referred to in Article V (1) shall be adjusted not earlier than the first day of the fourth calendar month following the date of entry into force of this law; This is also true if it is a person for the purpose of the living allowance jointly assessed. Beneficiaries of the subsistence allowance and persons jointly assessed with him for the purposes of this allowance shall be required to declare whether they have been required by the court to provide for maintenance in respect of a minor child, how they fulfil that obligation and, where appropriate, the amount of the maintenance debt referred to in Article V (3), no later than the end of the second calendar month following the date of application of this law.
EFFECTIVE
That law shall take effect on the first day of the second calendar month following its publication.
Wolf
Klaus v. r.
Topolánek v. r.
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Regulation Information
| Citation | Act No. 259 / 2008 Coll., amending Act No. 99 / 1963 Coll., Civil Code, as amended, and some other laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.07.2008 |
|---|---|
| Effective from | 01.09.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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