Act No. 265 / 1992 Coll.
Law on the registration of property ownership and other property rights in kind
Valid
Effective from 01.01.1993
265
THE LAW
of 28 April 1992
on the registration of title and other property rights
The Federal Assembly of the Czech and Slovak Federal Republic decided on this law:
Purpose of the law
(1) Real estate registered in the cadastre of real estate of the Czech Republic (hereinafter referred to as "the cadastral") 1 is registered with ownership law, lien law, law corresponding to the actual burden and pre-purchase law having the effects of the right in rem.
(2) Other rights shall also be entered in the register where special law 1 so provides).
(3) Registration means a deposit (§ 2), an alert (§ 7), a note (§ 9) or a deletion thereof.
(4) The minutes have legal and registered effects under this Act.
Deposit
(1) The rights referred to in Paragraph 1 (1) shall be entered in the property register by the entry of the right deposit or the deletion of the right deposit (hereinafter referred to as "deposit"), unless otherwise provided for in this law.
(2) The rights referred to in Article 1 (1) arise, are amended or cease to exist on the date of deposit into the register, unless the Civil Code or any other law provides otherwise.
(3) The legal effects of the deposit arise on the basis of a final decision on its authorisation on the date on which the application for the deposit was delivered to the cadastral office. Everyone has the right to consult the records of the proposals received.
The deposit referred to in Article 2 may only be made on the basis of a final decision of the cadastral office.
(1) The parties to the deposit authorisation procedure (hereinafter referred to as "the parties") are the parties to the legal act under which the right to register is to be registered.
(2) The procedure for authorising the deposit shall be initiated at the time of receipt of the written application by the party to the proceedings to the competent cadastral office. If the application is not accompanied by a single document on the basis of which the right is to be entered in the register or by an officially certified copy (copy), the application shall not be taken into account. The Authority shall inform the appellant of the non-consideration of the proposal.
(3) The application to initiate the procedure for the authorisation of a deposit shall be made on a specified form. The application to initiate proceedings shall contain:
(a) the designation of the cadastral office to which the proposal is addressed;
(b) the name and surname, permanent residence and birth number of natural persons or the name, registered office and identification number of the legal persons who are parties to the proceedings;
(c) the names of the rights to be entered in the register.
(4) The annex to the proposal must be:
(a) the instrument on the basis of which the right to register is to be registered, or an officially certified copy (copy) 2 thereof, in a number of more than two parties; in the case of an exchange of real estate registered in the perimeter of several cadastral offices, by two more for each other cadastral office,
(b) an extract from a commercial or other legally designated register, where the party to proceedings is a legal person whose formation is subject to registration in such a register, or an officially certified copy (copy) 2) of such extract, unless the necessary data from the register can be ascertained by remote access.
(1) In the procedure for authorisation of a deposit before its decision, the Authority shall examine whether:
(a) the proposed deposit is not hindered by the status of entries in the register;
(b) the proposed deposit is justified by the content of the documents submitted;
(c) the legal act relating to the transfer of ownership or the establishment or termination of another right is certain and understandable;
(d) the act is taken in the prescribed form,
(e) the parties are entitled to treat the subject-matter of the act;
(f) the party to the proceedings is not bound by the law, by the judgment of the court or by the decision of the State authority (4) in the contractual freedom relating to the case which is the subject of the act;
(g) consent has been given to the legal act of a party under a special rule. 5)
The Authority shall examine these facts at the date of the submission of the deposit application.
(2) If the conditions of the deposit are met, the cadastral office shall decide that the deposit is authorised; if otherwise, and if the proposal has lost its legal effects under a special law 5b), the proposal shall be rejected.
(3) The decision authorising the deposit may be made by entry in the file. No appeal or administrative action shall be admissible against the decision authorising the deposit.
(4) The decision to refuse the deposit shall be served on all the parties. No appeal under the Administrative Rules shall be admissible against this Decision. An action under Part Five of the Code of Civil Procedure which must be brought within 30 days of the date of service of the decision is admissible against a decision refusing the deposit.
(5) Further proceedings for the authorisation of a deposit relating to the same property as the decision to refuse the deposit shall be suspended for the period laid down for the application referred to in paragraph 4 and, where the action is brought, until the date on which the final judgment of the court in the matter of the deposit is served to the competent cadastral office. If further proceedings for the authorisation of a deposit relating to the same property as the decision to refuse the deposit are initiated after the decision to refuse the deposit has been taken, such proceedings shall be suspended by a resolution having effect on the date on which the application for the deposit was received to the competent cadastral office by the date on which the final decision of the court on the deposit is served to that cadastral office.
The cadastral office shall indicate the date of authorisation of the deposit by writing in the file and on the revised document the time of the application and the fact that the deposit or deletion took place.
Record
(1) The rights referred to in Article 1 (1), which have been created, amended or expired by law, by a decision of a State authority, by a letter of a public auction, by stamping out, by extension, by extension and by processing, shall be recorded in the register (hereinafter referred to as "the record") of the data on the basis of documents drawn up by the public authorities and other documents which, under specific regulations, confirm or certify legal relations. Rights entered in the register under Paragraph 1 (2) under a special law shall be entered in a similar manner.
(2) The documents drawn up by the State authorities and other documents referred to in paragraph 1 shall be sent by their contractors to the cadastral office for an entry into the register within a period of 30 days from the date of their jurisdiction or within 30 days from the date of their drawing up.
(1) The Catastral Office will determine whether the document submitted is free of errors in writing or figures and of other obvious errors and whether it follows the entries in the register.
(2) If a document is drawn up by a State authority or other instrument eligible for an alert, the cadastral office shall register in the register, otherwise return the document to the person who submitted it.
Note
(1) The stamp shall be registered by the cadastral office on the basis of the judgment delivered or the notification by the court, the tax administrator, the manager of the undertaking, the expropriating authority (11), the court executor, the persons authorised to conduct public auctions under special legislation, (5a) the insolvency administrator, the State Land Office, the other administrative authority or the substantiated proposal for the name of the person to be registered
(a) on the basis of a request for enforcement of a decision by the sale of real estate, the management of real estate and the establishment of a judicial lien on real estate, (6) on the basis of an execution order for sale of real estate, (6c) on the basis of a resolution on the sale of real estate, a regulation on the execution of a judgment by the management of real estate, and a regulation on the execution of a judgment on the sale of real estate, (6d) on the basis of a decision on the execution of a decision on the sale of real estate, or on the execution of a judgment on the execution of a property, 6a decision on the basis of a decision on the conclusion of an auction of a property, (6b) on the basis of a request for the sale of property rights to the property, or property, or property, or to be owned by the debtor, (11) on the basis of a decree of a decree of a decree of a decree of a decree of an act on the State body of an act on the ground of an auction of an auction of an auction of an auction, 10) on the court of an auction of an auction of an auction of an auction
(b) on the basis of an application lodged by the applicant for a court to give such a decision as regards properties registered in the register on the basis of which an alert may be made to the register pursuant to Article 7, provided that, on the basis of that application, a note of dispute under Article 9a is not entered, or a request made by the applicant to the administrative authority to issue such a decision as regards properties registered in the register on the basis of which an alert may be made to the register pursuant to Article 7;
(c) on the basis of the notification of the start of execution (6e), where the State is not obliged,
(d) on the basis of an interim measure decision according to which the debtor cannot dispose of the property or may dispose of the property only with the agreement of the preliminary insolvency administrator (7),
(e) following notification by the insolvency court of the decision on insolvency (7),
(f) following a decision on the declaration of bankruptcy.
(2) The entry of a note shall be treated mutatis mutandis in accordance with Section 8.
(3) The registration of the note referred to in paragraph 1 (c) and its deletion shall be provided without delay by the cadastral office in whose territory the court executor, who has made the notification of the commencement of the execution, shall have its registered office on all ownership documents in the Czech Republic on which the person designated as required to be kept as owner or co-owner of the real estate. Paragraph 12 shall not apply.
(4) The provisions of paragraph 3 shall apply mutatis mutandis to the registration of the notes referred to in paragraph 1 (d) and (e), where the property of the debtor is concerned, and to the registration of the notes referred to in paragraph 1 (f).
Dispute note
(1) The Catastral Office shall, on the basis of the notification received by the Court of First Instance of the action brought or in respect of a substantiated application by the applicant, enter in his favour a note of dispute if the applicant brings an action for determination,
(a) the owner of the property registered in the register is someone other than the owner registered in the register; or
(b) the legal act on the basis of which the right is to be entered in the register shall be invalid or cancelled.
(2) Where the procedure initiated by the application referred to in paragraph 1 is a preliminary ruling procedure in the procedure for the authorisation of the deposit, the procedure for the authorisation of the deposit shall not be interrupted. If the note of dispute is registered in the register only after the application for the opening of the deposit authorisation procedure has been made, the deposit authorisation procedure referred to in the preceding sentence shall not be suspended unless all the parties to the deposit authorisation procedure agree. Where an action is brought pursuant to paragraph 1 (a) and the procedure for authorising the deposit is not interrupted, the cadastral office shall, in the procedure for authorising the deposit, be based on existing entries in the register. Where an action is brought pursuant to paragraph 1 (b) and the procedure for authorising the deposit is not interrupted, the cadastral office shall examine the instrument in the procedure for authorising the deposit in accordance with the aspects referred to in Article 5 (1).
(3) If the cadastral office has authorised the deposit and the court decides on the preliminary question in such a way as to justify the refusal, the cadastral office shall delete the authorised deposit and any subsequent entries of the rights which are contrary to the court's decision and notify all persons whose rights entered in the register have been deleted as a result of that decision.
(4) Paragraph 12 (2) shall not apply to the registration of the note of dispute.
The stamp shall be cancelled by the cadastral office on the basis of a judgment delivered or a notice to the court, an expropriation office, or a decision rejecting an application for expropriation, the tax administrator, the persons authorised to carry out public auctions, or a substantiated proposal for the purpose of which the notice is to be revoked where the reasons for its designation have ceased to exist.
Common provisions
It is in good faith that the State of the register is in line with the actual state of the case, unless he had to know that the State of the register was not in conformity.
(1) The Authority shall indicate in the register no later than the following working day following the service of the instrument under which registration in the register is to be carried out that legal relations are affected by the amendment.
(2) The order of registration in the register is governed, unless otherwise provided by the law, by the time when the application for registration in the register was served by the cadastral office. If the application for registration in the register is pending, the sentence of the third and fourth administrative rules shall not apply to Article 145 (2).
(1) Registration in cadastral operators shall be considered as a deposit.
(2) Records are acts of the cadastral office which do not affect the creation, modification or termination of the right.
(3) Notes are acts of the cadastral office which are intended to indicate the facts or the ratio relating to the property or person and which do not affect the creation, modification or termination of the right.
Transitional and final provisions
(1) The Catastral authorities will take over all matters of state notaries in which registration of contracts is pending and no decision has been given or the decision has not been served. Catastral authorities will complete these matters under this law.
(2) Where an appeal has been lodged against a decision of the State notaries to register the contract by the date of application of this law, the appeal shall be considered as an appeal under Article 250m of the Civil Code.
(3) According to this law, legal relations arising from contracts and legal relationships arising from other legal facts provided for by the law are also entered if no application for registration or registration in the real estate register has been filed by the date of application of this law.
(1) The entries in the real estate records made in accordance with the existing rules show the truthfulness of the facts set out therein, unless the contrary is established.
(2) Legal acts concluded prior to the application of this Act concerning the rights referred to in Paragraph 1 (1) shall be written by deposit under this Act, unless a proposal for registration by a state notaries has been submitted by the date of application of this Act.
(1) The competent central government authorities of the Republics shall, by decree, lay down in more detail the procedure for the deposit, entry and note.
(2) The Czech office of surveying and cadastral sets out by decree the model forms of the proposal for the opening of the procedure for the authorisation of the deposit into the register.
Paragraph 4 (2) of Act No. 22 / 1964 Coll., on the registration of real estate is hereby repealed.
This Law shall take effect on 1 January 1993.
Havel v. r.
Dubček v. r.
CHF
1) Act No. 344 / 1992 Coll., on the cadastral property of the Czech Republic (cadastral law), as amended by Act No. 89 / 1996 Coll.
2) Act No. 41 / 1993 Coll., on the verification of the conformity of copies or copies with the instrument and on the authenticity of the signature by the municipal authorities and on the issuing of certificates by the municipal authorities and by the district authorities. Act No. 358 / 1992 Coll., on notaries and their activities (notarial order).
4) For example, § 32 (b) of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), and § 10 (1) (c) of the Federal Ministry of Technical and Investment Development Decree No. 85 / 1976 Coll., on a more detailed modification of the zoning and construction rules.
5) E.g. § 28 of the Civil Code.
5a) Act No. 26 / 2000 Coll., on public auctions.
(b) Paragraph 76e (2) of the Civil Code.
6) § 335 (1) and § 338b (1) of Act No. 99 / 1963 Coll., Civil Code, as amended.
6a) § 335b and § 338ma par. 1 of the Civil Code.
(b) Paragraph 336c (1) (d) of the Civil Code.
6c) § 68 et seq. of Act No. 120 / 2001 Coll., on judicial executors and enforcement activities (execution order) and amending other laws.
6d) § 71 et seq. of Act No. 120 / 2001 Coll.
(e) Paragraph 44 (1) of the Rules of Enforcement.
7) Act No. 182 / 2006 Coll., on the bankruptcy and methods of its resolution (insolvency law), as amended.
10) § 74 of Act No. 99 / 1963 Coll.
11) Act No. 184 / 2006 Coll., on the withdrawal or limitation of property rights to land or construction (Expropriation Act).
11a) Articles 9 (7), 9 (13) and 11 (5) of Act No. 139 / 2002 Coll., on land and land offices and amending Act No. 229 / 1991 Coll., on the modification of property relations with land and other agricultural assets, as amended.
12) § 145 of the Administrative Code.
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Regulation Information
| Citation | Act No. 265 / 1992 Coll., on Minutes of Owners and Other Property Rights |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.06.1992 |
|---|---|
| Effective from | 01.01.1993 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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