What is Act No. 263 / 1992 Coll.?

Act No. 263 / 1992 Coll., amending and supplementing the Civil Code — Law amending and supplementing the Civil Code.

When it became Act No. 263 / 1992 Coll. effectiveness?

Act No. 263 / 1992 Coll. became effective 01.01.1993.

Is Act No. 263 / 1992 Coll. still valid?

Yes, Act No. 263 / 1992 Coll. is still valid and effective.

Act No. 263 / 1992 Coll. - Law amending and supplementing the Civil...

263

THE LAW

of 28 April 1992

amending and supplementing the Civil Code

The Federal Assembly of the Czech and Slovak Federal Republic decided on this law:

Čl. I

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. and Act No. 519 / 1991 Coll., is amended as follows:

1. Paragraph 8a, including the title, reads:

„§ 8a

Disputes of jurisdiction

(1) The Supreme Court of the Czech Republic and the Supreme Court of the Slovak Republic decide on jurisdiction between the courts and authorities of the same Republic.

(2) The Supreme Court of the Czech and Slovak Federal Republic decides on jurisdiction between the courts of one Republic and the authorities of the state administration of the other Republic, as well as between the courts and federal authorities of the state administration. "

2. In Paragraph 10 (1), the words "and against decisions of state notaries' are deleted.

3. Paragraph 17 shall become paragraph 1 and the following paragraph 2 shall be added:

"(2) Paragraph 14 to 16 shall apply mutatis mutandis to the exclusion of a notary from the duties of a judicial commissioner. Exclusion shall be decided by the court which mandated the notary to perform the duties of the judicial commissioner; no appeal is admissible against his decision. ';

4. Paragraph 38 reads:

„§ 38

(1) The Court of First Instance shall instruct the notaries, as the judicial commissioner, to carry out acts in the proceedings for succession.

(2) Applications for legal aid abroad and judicial decisions shall be exempt from the operations referred to in paragraph 1.

(3) The acts of the notary referred to in paragraph 1 shall be considered as acts of the court.

(4) The delegation is not a judicial decision. "

5. The following Section 47a is inserted after Section 47:

„§ 47a

Where the law provides that the decision is to be posted on the court's official record, the 15th day of the hanging shall be the date of service of the judgment to participants who are not known to the court or whose residence is unknown. ';

6. In Paragraph 48, paragraph 3 is added as follows:

"(3) Documents addressed to notaries may also be delivered to notarial associates and other staff working with the notary and charged with receiving consignments. '

7. In Paragraph 76 (1) (d), the words "notarial safekeeping 'are replaced by" judicial safekeeping'.

8. In Paragraph 81 (1), the words "proceedings for inheritance 'shall be inserted after the words" death declaration'.

9. In Paragraph 81 (2), the dot is replaced by a comma and the words "unless otherwise provided for by the law 'are inserted.

10. in Paragraph 88 (1), the following points (l) to (n) are inserted:

"(l) in whose territory the deceased was last resident, and if he did not have his place of residence, or if he was unable to establish his last residence; if there is no such court, the competent court within whose territory the deceased's property is situated, or between several competent courts, the first of which has carried out the action, if any, in respect of the succession proceedings;

(m) in whose circumference the place where the place of supply is situated, where the procedure for hiding is concerned; where the place of performance is within the perimeter of several courts, the court which first initiates the proceedings shall be competent for the proceedings on the hiding place;

(n) within whose territory the general court has the appellant, if the instrument is awarded; if the appellant does not have a general court in the Czech and Slovak Federal Republic, the court in whose district is the place of payment shall be responsible; where the procedure for the recovery of the security, issued by the Czechoslovak Monetary Institute, is the competent court in whose district the monetary institution has its seat. ';

11. in Paragraph 115 (1), the words "The President of the Chamber shall order the case to be dealt with" shall be replaced by the words "Unless the law provides otherwise, the President of the Chamber shall order the case to be dealt with."

12. in Paragraph 116 (1), the term "except for acts carried out by notaries as judicial Commissioners" shall be deleted;

13. In Article 137, the words "the payment 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," shall be inserted after the words "the cost of the evidence."

14. In Section 140, the following paragraph 3 is added:

"(3) In the proceedings for inheritance, the notary's remuneration and expenses shall be paid by the heir who has acquired an inheritance which is not overpaid; if there are several heirs, these costs shall be borne by the relative proportion of the net value of their inheritance shares. In other cases, these costs shall be borne by the State. ';

15. The following Section 151a is inserted after Section 151:

„§ 151a

The court shall, as a general rule, decide who and to what extent pays the notary's remuneration and expenses in the proceedings for inheritance in the order ending the proceedings with him. '

16. The following Sections 175a to 175zd are inserted after Section 175:

„HLAVA PÁTÁ

SPECIAL PROVISIONS

Heritage proceedings

§ 175a

(1) The competent authority responsible for the management of the matrix shall notify the death in its matrix district to the court responsible for the proceedings for the succession.

(2) The Court of First Instance shall initiate proceedings of its own motion as soon as it becomes aware that someone has died or has been declared dead. The order initiating the procedure does not need to be served.

(3) The Court of First Instance shall act by order; the order pursuant to Article 175k (1) and (2), Article 175l, Article 175p, Article 175q and Article 175t shall be delivered to its own hands.

§ 175b

The parties to the proceedings shall be those in respect of which they may reasonably be deemed to be the deceased heirs and, if they are not such persons, a State. The creditor of the deceased shall be party to the proceedings in the case of Paragraph 175p, where his claim is settled, and in the event of the liquidation of the inheritance. In the proceedings referred to in Article 175h (2), only those who took care of the funeral are parties to the proceedings.

§ 175c

The Court of First Instance shall without delay conduct an inquiry into the accounts of wills deposited with a notary in custody with him, whether the testament of the deceased, the instrument of succession or the removal of such acts (hereinafter referred to as the "testament ') is registered with him and with which notary is deposited.

§ 175d

(1) In the preliminary investigation, the court shall, in particular, obtain the information necessary for the identification of the heirs and for the identification of the deceased's property and his debts, and whether the heirs to which the deceased was the legal representative need to be appointed guardian.

(2) If the deceased has left a will, the court shall establish its state and content; The notary who has the will in custody will do so at the request of the court.

(3) If the condition and content of the will are established, the original shall be established if the will is not drawn up in the form of a notarial record, in a collection of wills declared in court.

§ 175e

(1) Where a general interest or an important interest of the parties so requires, the court shall, on its own motion, take urgent measures, in particular to ensure the inheritance, entrust the personal need to the spouse of the deceased or another member of the household, take care to sell items which cannot be stored without risk of damage or disproportionate costs, or, where appropriate, to set up an inheritance administrator or part thereof (hereinafter referred to as "the administrator ').

(2) In particular, the provision of the inheritance shall be carried out by deposit in a court or a custodian, by sealing in the deceased's apartment or at any other appropriate place, by prohibiting payment with the debtor of the deceased or by making an on-site inventory.

(3) In the case of the sale of movable property, the court shall, in accordance with the provisions governing the enforcement of the decision, proceed with the sale of movable property, unless it has taken another course of sale.

(4) The administrator shall appoint a court, in particular, from a circle of heirs or from a circle of persons close to the deceased; a notary may also be appointed by the administrator if he is not a judicial commissioner in this proceedings. Where an undertaking is the subject of an inheritance, the court shall appoint a person having experience in the management of the undertaking. Only those who agree to the provision may be designated by the AIFM.

(5) Urgent measures may be taken by any court, as appropriate and as necessary.

§ 175f

(1) The administrator shall, during the period of the succession proceedings, take the necessary steps to preserve the assets belonging to the succession, to the extent specified by the court. The administrator shall exercise professional care in the performance of his duties and shall be liable for any damage caused by a breach of the obligations imposed on him by law or by a court. If the court so requests, the administrator shall provide him with interim reports of his activities.

(2) For important reasons, the court may waive the administrator's office. It shall appoint a new administrator as appropriate. An administrator who has been relieved of his duties shall be obliged to inform the new administrator accordingly and to make available all documents.

(3) After the succession proceedings have been completed, the administrator shall submit a final report of his activity to the heirs through the court. The Court of First Instance shall decide on the remuneration and reimbursement of the expenses incurred by the administrator who pays the heir who has acquired the inheritance which is not overpaid; if there are several heirs, these costs shall be borne by the relative proportion of the net value of their inheritance shares. In other cases, these costs are borne by the State.

§ 175g

When obtaining a complete basis for the decision, preliminary examination, ensuring the inheritance, in particular in order to protect it against unauthorised interference, in the sale of cases, in determining the value of the deceased's property and the on-the-spot inventory, the competent authority of the state administration or of self-administration shall cooperate at the request of the court.

§ 175h

(1) If the deceased has not left the property, the court shall terminate the proceedings.

(2) If the deceased has left the property of little value, the court may give it to the person who took care of the funeral, and the proceedings shall cease.

(3) There shall be no appeal against the order referred to in paragraphs 1 and 2.

§ 175i

(1) If the proceedings have not been terminated pursuant to Article 175h, the court shall inform those which it may reasonably consider to be heirs, their right of inheritance and the possibility of refusing inheritance within one month of the date on which the heirs' right of inheritance was notified by the court; that period may be extended by the court for important reasons. At the same time, the heirs will learn about the formalities and the effects of rejection.

(2) The notification, including the instruction, shall be delivered by the court in its own hands or given orally and shall state in the record that this has happened.

§ 175j

It is not necessary to order proceedings to be heard if the court confirms its acquisition to a single heir, or if the State's inheritance falls under § 462 of the Civil Code.

§ 175k

(1) If, before confirming the acquisition of the inheritance, a person claims to be the heir and denies the inheritance of another heir who has not refused the inheritance, the court shall examine the terms of the inheritance of both, and shall continue to treat with whom it considers that he is the heir.

(2) However, if the decision on the right of inheritance depends on the finding of the facts at issue, the court shall refer the decision to the heirs whose right to inheritance appears less likely to exercise its right by the action. They shall set a time limit for bringing the action. If the action is not brought within the time limit, the court shall continue the proceedings without regard to that heir.

(3) If the assets and liabilities between the participants are disputed, the court shall limit itself to establishing their dispute; when calculating net assets, they shall not take account of them.

§ 175l

(1) If the deceased and the surviving spouse had assets in joint ownership, the court shall decide on the general price of the property at the time of death of the deceased and determine, in accordance with the principles laid down in the Civil Code, what of the property belongs to the inheritance and what of the surviving spouse. If the decision depends on the facts that remain at issue between the surviving spouse and one of the heirs, the court shall, in accordance with Article 175k (3), proceed.

(2) If the court finds, before the succession proceedings have been final, additional property in joint ownership, it shall decide on it retrospectively in accordance with paragraph 1, based on the original decision.

§ 175m

The court shall determine the deceased's assets and debts and make an inventory of assets and liabilities. This is without prejudice to the provisions of § 175k (3) and § 175l (1) second sentence.

§ 175n

At the request of the heirs, the court shall issue an order inviting the creditor to notify him of his claims within the time limit laid down in the order and informing them that the heirs do not correspond to the creditors who did not notify their claims in due time, provided that the cost of the inheritance acquired by the heirs is exhausted by satisfying the claims of the other creditors. The order shall be published by the court by hanging on the court's official record.

§ 175o

(1) On the basis of the findings referred to in Article 175m, the court shall determine the general price of the property, the amount of the debts and the net value of the inheritance, or the amount of its overindebtedness at the time of the death of the deceased.

(2) If the court finds, before the succession proceedings are final, new facts requiring amendment of this order shall be corrected by a new resolution.

§ 175p

(1) Participants may agree that the overindebted inheritance will be left to creditors to pay their debts. This Agreement shall be subject to the approval of a court which approves the Agreement if it does not contravene the law; If they do not approve the agreement, they shall continue the procedure after the legal authority of the decision.

(2) If further property appears after the final termination of the proceedings, the procedure laid down in paragraph 1 shall be followed. If the surplus remains, the court will consider it as an inheritance.

§ 175q

(1) The Court of First Instance in its order on succession

(a) certify the acquisition of the inheritance to a single heir; or

(b) certify that the inheritance which has not been acquired by any heir has belonged to the State; or

(c) approve an inheritance settlement agreement or an over-indebtedness agreement to pay debts; or

(d) confirm the acquisition of the inheritance in accordance with the succession shares, if the heirs do not reach an agreement.

(2) The resolution referred to in paragraph 1 may also include the resolution referred to in paragraphs 175l and 175o.

(3) If the court has failed to approve the succession settlement agreement by order, it may not continue proceedings until after the legal power of that order.

§ 175r

The succession may sell or take other measures in excess of the normal course of the succession, with the permission of the court.

§ 175s

By order pursuant to § 175p and 175q, the proceedings of the inheritance are closed. After the legal authority of that order, the court shall abolish the heirlooms carried out if they have not already been cancelled in the course of the proceedings; in particular, abolish any prohibition on the payment of deposits, insurance policies and other values which have been carried out in the proceedings for the treatment of the inheritance or under the law. At the same time, it shall notify the institutes for which these values are stored, to whom they are to be issued; If this person is not known or if he is unknown, the court shall proceed mutatis mutandis in accordance with Paragraph 185g. The time limit laid down in Paragraph 185g (1) shall begin to run from the date of the decision which concluded the proceedings.

§ 175t

(1) If the inheritance is overpaid and does not reach an agreement under Paragraph 175p, the court may order the disposal of the inheritance by order. It will be decided on its own motion. The Court of First Instance is also acting if the State has proposed the liquidation of the inheritance because the creditor refused to accept the inheritance case for the payment of his claim.

(2) The court shall issue a resolution on the winding-up order inviting creditors to notify them of their claims within the time limit laid down in the order and warning them that claims which will not be satisfied in the event of liquidation shall cease. This order shall be posted on the official record of the court.

(3) Once the order on the order for the liquidation of the inheritance has acquired legal power, it will no longer be dealt with in accordance with § 175p to 175s.

§ 175u

(1) The disposal of the inheritance shall be carried out by the court by the moneylation of all the deceased's assets in accordance with the provisions governing enforcement by the sale of movable property and immovable property or by sale outside the auction, mutatis mutandis, under a special rule. 34a)

(2) The court decides that the property of the deceased, which has not been able to be monetized in such a way, is to be deemed effective to the State at the date of death of the deceased.

§ 175v

(1) The court shall draw up a schedule for the proceeds of the redemption of the assets of the deceased (hereinafter referred to as "the proceeds") among the creditors.

(2) From the proceeds, the court shall, in turn, pay claims according to the following groups:

(a) the costs of the deceased's disease and the reasonable costs of his funeral, the costs of proceedings and the maintenance payable;

(b) taxes and charges due;

(c) other claims.

(3) If the sum of the claims in the first group exceeds the proceeds, those claims shall be settled on a pro rata basis. Similarly, other groups shall be followed, but in Group (c) they shall be paid before other claims secured by a restriction on the transfer of real estate or lien.

(4) The final end of the liquidation will result in the loss of unsatisfied creditors' claims against the heirs. However, if other property of the deceased is revealed, the court shall divide it into the amount of their unsatisfied claims without account being taken of such termination. If the surplus remains, the court will consider it as an inheritance.

§ 175w

If it is subsequently found that the deceased is alive, or if his death declaration has been revoked, the court shall revoke the order for inheritance pursuant to paragraphs 175p and 175q.

§ 175x

If, after the legal power of the order by which the succession proceedings have been concluded, one of the deceased's assets or debt appear, the court shall bring proceedings for such property. If only the debt of the deceased appears, the succession proceedings shall not be carried out.

§ 175y

(1) The non-inclusion of assets or debts in the assets and liabilities of the succession as a result of the procedure laid down in Article 175k (3) does not prevent the parties from claiming their rights by actions other than the succession proceedings.

(2) Apart from the case in which the inheritance has been disposed of, the order of the court does not prevent the person who was not a party to the proceedings for the inheritance from which the order came to claim his right of action.

§ 175z

(1) If the proceedings of the inheritance do not fall within the competence of the Czechoslovak court, the court shall carry out the preliminary investigation and shall, at their request, issue an official certificate of the outcome of the investigation.

(2) If the property is to be extradited, the court shall inform the Czechoslovak heirs and creditors thereof by a notice which shall be posted for 15 days on the official record of the court; known participants shall be notified.

Activities of notaries in succession proceedings

§ 175za

Notaries based in the District Court shall be entrusted equally with the succession proceedings according to the schedule to be issued by the President of the Regional Court on a proposal from the relevant notarial chamber for each calendar year.

§ 175zb

(1) The Court of First Instance may withdraw the case from the notary responsible if, despite prior notice, it causes unnecessary delays in the proceedings. The court shall then entrust the proceedings for the inheritance of another notary in accordance with the schedule of proceedings.

(2) Withdrawal of a case under paragraph 1 shall not be a judicial decision.

§ 175zc

(1) If a representative, alternate or a new notary is appointed in accordance with a special regulation, he shall take over the cases in which the court has already been given a mandate.

(2) For the purposes of this Act, if a representative of a notarial candidate is appointed in accordance with a specific regulation, he shall be deemed to be a notary for the purposes of this Act during the period of representation. However, the court shall decide on the remuneration and reimbursement of the final expenses of the notary represented by the representative. The special rule shall specify how the representative's share of the notary's remuneration shall be determined.

§ 175zd

(1) The notary shall prepare all the necessary documents for the resolution of the court, the motions for the resolution of the court and shall charge his remuneration and expenses. If the documents are not complete, the court may refer the case back to the notary with a request to complete the proceedings.

(2) The notary has the right to appeal against the statement on remuneration and expenses. '

17. The heading "Title Five Special Provisions" shall be deleted from Section 176.

18. After Paragraph 185, the following Sections 185a to 185s are inserted:

"Safeguard proceedings

§ 185a

(1) In court, money, securities and other movable property suitable for safekeeping may be deposited in order to fulfil the obligation.

(2) The application for entry into custody must contain a statement of the person who makes up money, securities or other matters for safekeeping (hereinafter referred to as "the Complainant ') that the obligation to which the value of the safekeeping is the subject cannot be fulfilled because the creditor is absent or late or that the Complainant has reasonable doubts as to who the creditor is or that the creditor does not know the creditor.

(3) The Court of First Instance shall act without hearing by order which it shall deliver to the parties in its own hands.

§ 185b

The party to the proceedings shall be a complex person and, after the deposit has been accepted, the person for whom the money, securities or other items are intended (hereinafter referred to as "the consignee '). After the legal power of the order for entry into custody, the party who exercises the right to the subject-matter of the deposit shall also be party to the proceedings.

§ 185c

If it requests cost retention, the court shall order the complainant to lodge an appropriate advance on the costs. If the advance is not paid within the prescribed period, the court shall reject the application for custody; the court also rejects the application for custody if the case is not for safekeeping at all or if the appropriate method of safekeeping is not found.

§ 185d

(1) The subject-matter of the custody shall be issued by the court to the recipient at his request. If the composition has occurred because someone other than the beneficiary exercises the right to issue the subject-matter of the deposit or because someone else whose consent is required does not agree with the subject-matter of the custody of the recipient, the subject-matter of the deposit shall be issued with the consent of all the parties to the proceedings and of the person whose failure to comply with the application of the deposit. However, complex consent is required only if the performance has been composed for an unknown creditor.

(2) The court shall, at its request, issue to the Complainant the subject of the safekeeping,

(a) if the beneficiary gives his consent to this procedure; or

(b) if the recipient declares that he does not accept the subject-matter of the deposit; or

(c) if the recipient has not expressed his views within the time limit set by the court, although he has been brought to the attention of such consequences.

(3) A person other than those referred to in paragraphs 1 and 2 who applies for the issue of the subject-matter of the storage shall be given the same judgment only with the consent of the Complainant and the beneficiary.

§ 185e

If consent to the issue of the subject-matter of the custody is refused, it may be replaced by a final decision of the court which decided that the opposing party is obliged to agree to the subject-matter of the custody of the applicant.

§ 185f

If the court accepts custody of the case in cases provided for by specific legal provisions, it shall comply with the provisions of the relevant provision and, failing that, with the provisions of paragraphs 185a to 185h, according to the nature of the provision and its purpose.

§ 185g

(1) Where a period of three years has elapsed since the legal authority of the order of acceptance to custody or, where appropriate, from the date on which the subject of the custody should have been issued to a complex person, the court shall decide that the subject of the custody shall be to the State if no one has applied for it within three years of the date of publication of the order. This order shall be posted by the court on the court's official record.

(2) If, after a decision has been taken within the time limit referred to in paragraph 1, a request for custody is made, the court shall proceed in accordance with Paragraph 185d.

(3) The expiry of the time limit referred to in the resolution referred to in paragraph 1, if no request for the issue of the subject-matter of the safekeeping has been made within that period, shall be subject to the custody of the State. By the expiry of this period, the State shall acquire custody even if the application submitted has not been granted by a final order.

§ 185h

If the subject of the State's custody is concerned, the rights of participants and other persons to the subject of the custody shall cease.

Recovery procedure

§ 185i

(1) The instrument to be submitted for the exercise of the right may be amortised.

(2) In court proceedings, documents which, under the law, are entitled to be served by the legal person issuing them may not be amortised.

(3) Mortgages are not subject to money, lottery tickets, betting cards, tickets and signs of daily circulation (tickets, tickets, etc.), coupons and talons of securities, instruments with which the right to pay the price of goods and services to a particular legal person in the country, as well as documents, on their basis, can only be claimed for ancillary transactions.

§ 185j

(1) Any person having a legal interest in the instrument's recovery may submit an application for the instrument.

(2) The Tribunal shall act without hearing by order which it shall deliver to its own hands.

§ 185k

The parties to the proceedings shall be the appellant, the person who is required to comply with the instrument, the person who holds the instrument and the person who has lodged the opposition pursuant to Paragraph 185m (2).

§ 185l

(1) The application for redemption of the instrument shall state the facts showing that a right may be exercised under or on the basis of the instrument. The application shall be accompanied by a copy of the instrument or a copy of the instrument, its exhibition and, where appropriate, other persons under the instrument of commitment, as well as particulars distinguishing the instrument from other documents of the same kind.

(2) If an amount is indicated in the schedule, this figure should also be provided.

§ 185m

(1) If the court finds that the instrument of redemption has not been issued or that it is not lost or destroyed, it shall reject the application.

Citation	Act No. 263 / 1992 Coll., amending and supplementing the Civil Code
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	10.06.1992
Effective from	01.01.1993
Effective until	-
Status	Valid

Act No. 263 / 1992 Coll.

Law amending and supplementing the Civil Code

Contents