Act No. 266 / 1949 Coll.
Law on Interim Changes in Certain Civil Matters
Valid
Effective from 01.01.1950
Contents
HLAVA PRVÁ.
§ 1.
§ 2.
§ 3.
§ 4.
§ 5.
§ 6.
HLAVA DRUHÁ.
§ 7.
§ 8.
§ 9.
§ 10.
§ 11.
§ 12.
§ 13.
§ 14.
§ 15.
§ 16.
§ 17.
§ 18.
§ 19.
§ 20.
§ 21.
§ 22.
§ 23.
§ 24.
§ 25.
§ 26.
§ 27.
HLAVA TŘETÍ.
§ 28.
§ 29.
§ 30.
§ 31.
§ 32.
§ 33.
§ 34.
§ 35.
§ 36.
§ 37.
§ 38.
§ 39.
§ 40.
§ 41.
§ 42.
§ 43.
§ 44.
§ 45.
§ 46.
§ 47.
§ 48.
§ 49.
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266.
Law
of 7 December 1949
on provisional changes in certain civil matters of law.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Provisions of substantive law.
(1) Age is achieved by the 18th year of age.
(2) A minor will also become an adult by marriage; the age of marriage does not cease to exist, even if marriage is declared invalid.
(1) A person who is a minor or is affected by a mental illness or a mentally insufficiently developed person is entitled to marry after hearing his parents or other legal representatives.
(2) The persons in the direct tribe of the family-in-law are allowed to marry by the District National Committee. The District National Committee also authorises the declaration of the fiancé to be made by his agent.
(3) The local national committee responsible for conducting the matrix for the district in which one of the fiancé resides may authorise the conclusion of a marriage before another local national committee authorised to lead the matrix.
The marriage of a person declared dead will cease on the day on which the decision to declare dead becomes legal. However, when calculating the time for determining paternity, the marriage shall be deemed to have ceased to exist on the day stated in the decision on the death declaration as the day of death.
The child is the legal heir to both parents, and both parents have legal birthright after the child.
(1) The Gymnasium and its descendants and the Gymnasium and its relatives inherit each other according to the hereditary groups as relatives. A soldier does not inherit an original family, and an original family does not inherit it.
(2) By abolishing the religious relationship, the birthright of the original family arises again in the genre, as well as the parental power of the genomic parents.
(1) If at least one of the fiancé is a Czechoslovak citizen, marriage abroad may also be concluded before the priority of the Czechoslovak representative office to this. The Head of the Office may delegate this task to an official of his office.
(2) If marriage is concluded in accordance with the preceding paragraph, the provisions of Section 1, paragraph 2 of the Law of 7 December 1949, No. 265 Coll., on Family Law, do not apply.
(3) A stranger intending to marry in the Czechoslovak Republic is obliged to submit a certificate from the competent authority of his home State that there are no circumstances to exclude the conclusion of the intended marriage. For important reasons, the obligation of the certificate may be waived by the district national committee.
(4) An elderly stranger aged over 16 who intends to marry in the Czechoslovak Republic and cannot prove himself to be a necessary permit, having regard to his age, under the laws of the State of which he is a national, can allow the Czechoslovak court to marry. A minor shall be appointed guardian for such proceedings, unless he has his legal representative here.
Provisions on jurisdiction and procedure.
Method of driving.
(1) In the contested procedure, the court shall rule on the actions:
(a) divorce of marriage and designation pursuant to Article 6 of the Law on Family Law, whether or not there is a marriage between the parties (hereinafter referred to as marital disputes);
(b) finding out or denying paternity,
(c) the satisfaction of the personal needs of the spouses;
(d) purely property claims between spouses, where such claims do not relate to the legal property community,
(e) the reimbursement of the costs of pregnancy and of the deduction of a woman who is not married to the child's father, the reimbursement of her personal needs and the reimbursement of her expenses or exceptional property damage incurred by pregnancy or by her absence;
(f) compensation for damage caused by the guardian by the guardian, after completion of the service;
(g) other purely property claims between the legal representative and the legal guardian.
(2) In the other matters referred to in the law on family law, the Court of First Instance shall rule in the undisputed proceedings.
Jurisdiction
(1) Where the rules on jurisdiction speak of separation of marriages, it is understood that marriage is divorce under the law on family law.
(2) The jurisdiction to declare a marriage null and void shall apply mutatis mutandis to the provisions concerning jurisdiction in disputes concerning nullity of marriage; However, if the annulment of the marriage is declared on official grounds and the spouses were not residing in the Czechoslovak Republic, the general court of any spouse shall be responsible.
(3) The exclusive jurisdiction referred to in paragraphs 1 and 2 shall not prevent the decision of a foreign court or office on divorce, invalidity of marriage or determination of whether or not there is a marriage between the parties (hereinafter referred to as matrimonial matters) from being recognised if, at the time of the decision, one of the spouses was not a Czechoslovak citizen or did not have his residence in the territory of the Czechoslovak Republic (habitual residence).
Disputes concerning the detection or denial of paternity belong, unless the general court of the defendant is in the Czechoslovak Republic, to the general court of the plaintiff. If there is no such court in the Czechoslovak Republic, the competent court in Prague or Bratislava is responsible.
The General Court shall have jurisdiction over the adoption and revocation of the adoption, and, if such a court is not in the Czechoslovak Republic, the General Court shall have jurisdiction over the adoption.
Marriage stuff.
(1) In matrimonial disputes, the general rules on proceedings with the following derogations apply:
(a) the first year shall not take place;
(b) the court shall examine the facts of the dispute on an official basis, in particular whether the divorce would not be contrary to the interests of the minor children of the spouses;
(c) no judgment may be given for recognition or the dispute may be brought to an end by conciliation. The importance of confession shall be assessed by the court;
(d) if one party does not appear to negotiate, there will be no legal consequences for missing;
(e) if a party disobeys an invitation to appear in person for oral proceedings, the court may have it brought before it;
(f) the expiry of the time limits shall be taken into account without objection;
(g) the calmness of the proceedings is permitted even in appeal proceedings;
(h) the proceedings shall always be suspended for the death of the spouse;
(i) if the defendant's husband joins an action for divorce and agrees on the proposals of both spouses to plead guilty of divorce, the court may confine itself, in order to establish the split and the blame, to evidence by questioning the parties.
(2) In matrimonial disputes, claims other than claims for the personal needs of spouses cannot be claimed.
(1) The parties to the nullity proceedings are married and, if they go for nullity, also the prosecutor.
(2) Paragraph 11 (1) (h) applies mutatis mutandis in this procedure.
Pending the judgment of the Court of First Instance of the second storehouse, the applicant may withdraw the action without the consent of the defendant. This applies mutatis mutandis to a request for annulment of a marriage.
(1) Restoration of proceedings which have ended in a decision declaring divorce or nullity of marriage is permissible only in respect of guilt or good faith. A renewal of an action for marriage between the parties is admissible only if the court has stated that marriage between the parties is.
(2) Where, pursuant to the provisions of paragraph 1, resumption of proceedings is excluded, a complaint from the Prosecutor General for the Conservation of the Law shall not be admissible.
Detection and denial of paternity.
(1) In the absence of a child covered by the presumption of Article 42 of the Law on Family Law, the court is required to hear the mother of the child of whom it refers to as the father.
(2) If paternity has not already been recognised before the authority responsible for leading the matrices, the court shall hear the person who is designated as a father about whether he recognises paternity and wants to voluntarily fulfil parental obligations.
(3) The recognition of paternity in a court of law shall be recorded in a court of law.
(4) If paternity is not recognised, the court shall appoint a guardian to a minor child to whom the authority to lead the dispute shall grant.
If a paternity procedure is initiated only for the actions of the child or mother, the hearing of the other shall prevent the action of the other party from being brought to the proceedings. However, one of them who has not brought an action may, during each period of the proceedings, approach the applicant as an intervener.
(1) If the applicant dies for a dispute concerning paternity, the proceedings shall be suspended. In a dispute, the second defendant may proceed to the action. After the death of the child, the offspring of the child may also be sued for paternity purposes within six months of the date of death, provided that they show a legal interest in that determination; under the same conditions and within the same period, the offspring of the child may propose that the interrupted dispute be continued.
(2) The proceedings shall also be suspended if the defendant dies for the dispute. The dispute may then be resumed against the guardian appointed by the Tribunal to the defendant.
If a later spouse is not the father of a remarried mother (§ 42, paragraph 2 of the Law on Family Law), the six-month period for a former spouse to deny fatherhood shall begin on the day on which he became aware that the fatherhood of a later spouse was successfully denied.
If one of the defendants dies in a dispute concerning the denial of paternity, the proceedings against the other defendant shall continue; If the other defendant dies, the proceedings shall be terminated and the costs of the dispute shall be cancelled.
(1) Paragraph 11 (1) (a) to (g) applies mutatis mutandis in disputes concerning the detection and denial of paternity. In a dispute concerning paternity, entitlement to the child's maintenance obligation may also be claimed.
(2) If the defendant recognises his paternity in a dispute concerning the finding of paternity, the court shall hear the mother, unless she herself assigns to the recognition; If it agrees, the court shall terminate the proceedings and decide on a proposal to pay the costs.
(3) If the court directs the proof by blood or inherited biological testing, both the child of whose origin is concerned and the mother and the man whose paternity is ascertained or who denies paternity, or other persons, shall be required to be tested. If one of these persons is reluctant to undergo the test, the court shall decide on the grounds of its reluctance. Against the order of the court of the first stool, which is declared unfounded by reluctance, the recourse may be given by the person to be examined. A recourse may be lodged by either party against the order of the same court which considers that there is reason to be reluctant. After the legal power of a decision which has been recognised as unfounded by a decision, the court may, if necessary, have the person concerned brought to the expert and use other means of enforcement permitted under the enforcement rules. If it is not possible to carry out the proof after that, the court shall examine that fact.
The exercise of parental power.
(1) If parents fail to assess the exercise of parental power among themselves, the court shall take into account the interests of the child as to how parental power is to be exercised, in particular which of the parents is to represent the minor.
(2) Parents, as legal representatives of a minor, can only appoint a single agent.
Engage.
(1) Before the court decides to adopt the adoption, it shall, as far as possible, hear personally the acquirer, the legal representative of the acquirer, the public care body of the youth, after the adoption, if the latter is able to assess the extent of the adoption.
(2) If one of the parents is deprived of his or her capacity or if I do not know his or her residence for one year, he or she may replace his or her permission by a court. However, in that case, the legal representative of the parent or representative to be appointed by that parent must be heard. This applies mutatis mutandis if one of the parents is deprived of parental power. The approval of another representative may be replaced by a court.
(3) A copy of the acceptance statement is to be entered in the list of documents.
(4) The provisions of the preceding paragraphs apply mutatis mutandis to the procedure for the abolition of the generational ratio.
Nutrition and upbringing of children.
(1) If the parents of a minor do not live together, the court shall decide on a proposal to whom the child is to be entrusted and what amount each parent is to contribute to its nutrition. The decision may be replaced by an agreement between the parents; However, such an agreement requires the consent of the court.
(2) The Court of First Instance shall determine the extent of the maintenance obligation on the application of one of the parents, even if the parents live together if one of them fails to fulfil its obligations voluntarily.
The guardian's promise.
(1) The guardian promises to take due care of the physical and mental development of the guardian, in particular of his or her nutrition and education, to represent the guardian properly and manage his or her property with the care of the proper economy and to follow the instructions of the court.
(2) Once the oath has been taken, the court shall issue the guardian's document of his provision. The composition of the promise is noted on the list.
The guardian's name.
(1) The court shall draw up the principal's fortune. The inventory shall describe the individual cases in such a way as not to doubt their identity. If the court considers it necessary, it can also estimate these things.
(2) Cash shall be deposited appropriately, unless otherwise required in the interests of the guardian. Motive items which are not in the interests of the guardian may be sold appropriately after estimation. In the case of real estate, the court shall order a minor's remark; they can be stolen only from necessity or to the obvious benefit of the guardian.
The actions of legal representatives.
The actions of the legal representative as a court defender shall require the approval of the court, in particular when it concerns the waiver of an inheritance or other rights, the application for an inheritance without the benefit of an inventory, the conclusion of reconciliation, the provision and statement of loans, the purchase and encumbrance of real estate, or the procedure of claims, the acceptance of paid documents, the conclusion of lease contracts or the divestment of the property of the defendant, where such acts go beyond the normal course of business.
Provisional measures.
(1) The Court of First Instance may, in the course of a dispute concerning the divorce of a marriage or the payment of the spouse's personal needs, impose provisional measures on the application for the provision of funds to cover such needs. This measure will cease to be effective if the dispute has not been resolved before.
(2) The applicant is obliged to certify only the need for reimbursement and its scope. If there is no danger of delay, the opponent must be heard before the decision is taken.
Transitional and final provisions.
(1) The legal consequences of the legal statements by which divorce from the table and the bed has already been final remain unaffected; However, claims for payment of the personal needs of both spouses shall be governed by the provisions of the Law on Family Law.
(2) In divorce proceedings under the Family Law Act, the evidence carried out in divorce proceedings from the table and the bed may be used.
In disputes over the separation of marriages, the court continues proceedings as if it were a divorce suit under the Law on Family Law. If an asset claim has been claimed in such a dispute, the court shall also decide on that claim.
In disputes over divorce from the table and the bed still outstanding, the court shall invite the plaintiff to adapt the provisions of the Law on Family Law within a time limit to be determined at the same time. If the applicant conforms, the court shall proceed with the proceedings. Paragraph 29, second sentence, applies mutatis mutandis.
The lawfulness of the annulment of a marriage recognised by the Law on Family Law will be transferred to the Court of Justice. The costs of the contested proceedings are then part of the further non-contested proceedings. If an asset claim has been claimed in such a dispute, the court shall proceed only with that claim.
Disputes concerning the nutrition of parents and young children, as well as disputes concerning the abolition of the religious relationship, shall be transferred by the court to the undisputed proceedings. The costs of the contested proceedings are then part of the further non-contested proceedings.
(1) The legal conditions established by the adoption before the application of this law remain unaffected and the legislation which still applies to them is maintained; It is also possible to apply existing substantive legislation on adoption to the future.
(2) The adoption procedure shall be continued by the court in accordance with the provisions of the Law on Family Law. The proposal is considered to be a request under Paragraph 66 (1) of that Law.
If, in cases where proceedings have been initiated before the date of application of this law, it is not possible to continue under the provisions of the Law on Family Law or under the provisions of this Title, the court shall terminate the proceedings, after the decisions already taken and the costs of the proceedings, except for the costs of the guardian.
(1) If, before the application of this law, a child has been born, born by her wife before the 100th day of marriage and whose paternity husband denied in court, or had been born by a wife divorced from a table and a bed later than 10 months after the divorce, and if the child has already brought an action for the determination of paternity against her mother's husband, the court shall decide on the action as if it were an action under Article 47 of the Family Law.
(2) If, in such cases, the child has not yet brought an action, both the child and the mother may bring an action against the mother's husband under Article 47 of the Law on Family Law.
If, pursuant to Section 34 of the proceedings for the action for the recognition of the origin of the child (Sections 158 and 159 of the Act), the Court of First Instance shall bring the decision to terminate the proceedings to all persons entitled to the action under the Law on Family Law. These persons may, within six months of the date of service of the decision, bring a new action under the provisions of the Law on Family Law.
The actions cease to be the final judgments by which paternity power has been extended.
The reconciliation and final statements of maintenance shall remain without prejudice. Those who are so obliged to provide maintenance may apply for a new treatment under the provisions of the Law on Family Law, but only if the spouse is otherwise in better economic circumstances than he is.
The legal conditions established by marriage agreements prior to the application of this law remain unaffected and can only be applied to them in the future to the existing provisions on marriage agreements.
(1) Persons who are not yet of age before the Act is effective, but have reached the eighteenth year of age, will become of age on the day on which the Act becomes effective.
(2) On the same day, he will become an elderly minor who has married before the law is effective.
The marriage of a person declared dead will cease on the day on which this law comes into effect, if it has not already expired.
(1) Those who intentionally fail to fulfil their legal obligation to support or provide for others or avoid such obligations will be punished for the offence by a rigid prison from one month to two years.
(2) A fixed prison period of between three months and three years shall be penalised if the person entitled is threatened by the act referred to in paragraph 1 or if there is another particularly aggravating circumstance.
(3) If the court condemns the guilty party for the offence referred to in paragraph 1 to a rigid prison for more than one year, it shall declare the loss of civil rights.
(1) Anyone who fails to comply with his legal obligation to support or provide for others will be punished for the offence of a rigid prison within one year.
(2) With a fixed prison period of three months to two years, the guilty party shall be punished if the health of the authorised person is threatened by the act referred to in paragraph 1 or if there is another particularly aggravating circumstance.
For an act referred to in Paragraph 42 or Paragraph 43, the offender shall not be punishable if he or she subsequently fulfils his or her obligation before the court of the first storehouse begins to declare a judgment and if such an act has no permanent adverse consequences.
Any person who, when holding a spiritual or similar religious office, infringes the provisions of the law on family law or the regulations transposing it shall be punished by a court for the offence of imprisonment within six months; If the act was committed out of profit, the court may, in addition to the punishment of freedom, impose a penalty on the guilty from 500 to 50,000 CZK.
(1) On the day on which this law becomes effective, all provisions on matters governed by this law and the law on family law, including ordinary law, shall be repealed, whether by a judgment of the courts or other sources.
(2) In particular:
1. § 44 to 150, 152, ref. § 153 to 229, § 230, ref. § 231 to 243, 245, 249 to 268, 271, 272, 275, 278, 284, 752 to 754, 756 of the Civil Code of 1811, as amended,
2. Court Decrees of 9 July 1802, No 568 sb., of 17 July 1813, No 1065 sb., of 22 December 1814, No 1118 sb., of 23 August 1819, No 1595 sb.
3. decree of the Court Office of 13 July 1837, No. 107 Coll., p. 65,
4. § 193, § 1, § 263 to 266 of the Law on legal proceedings in undisputed matters, cited by the patent of 9 August 1854, No 208,
5. Decree of the Ministry of Justice of 21 August 1856, No 150, on the court responsible for the illegitimate children and found after their withdrawal from the establishment by the public institution,
6. the Law of 31 December 1868, No 3 of 1869, on conciliation attempts before judicial divorce,
7. Paragraph 1 (a) and (c) of the Law of 25 July 1871, No 76, concerning the requirement that certain legal acts be carried out before a notary,
8. Law of 4 July 1872, No 111 of 4 July 1872, which repeals certain official acts in matrimonial matters from the political authorities of the country and orders the political authorities of the county,
9. Article XXIII / 1874, concerning the seniority of women, as amended,
10. § 49 of Article XL / 1881, o execučnom konani,
11. § 22, point (a) of Article VII / 1886, on public notaries,
12. Article XXXI / 1894, as amended, of marriage,
13. Articles VI, 6 and XVI of the Law of 1 August 1895, No 110 of the Law on the Enforcement of Jurisdiction and Jurisdiction of the Legal Jurisdiction in Civil Matters (Jurisdiction Standard),
14. § 100, 111, par. 3, § 113 and 114 of the Law of 1 August 1895, No 111, on the exercise of judicial authority and jurisdiction of ordinary courts in civil matters, as amended,
15. Article VI, No 1 of the Law of 1 August 1895, No 112 of the Act on judicial proceedings in civil matters (Civil Code of the Court),
16. Paragraph 382, No 8 of the Law of 27 May 1896, No 79 of the Law on the Management of Enforcement and Reinsurance (Enforcement Regulations),
17. Ordinance of 9 December 1897, No 283 of 9 December 1897 on proceedings in matrimonial matters,
18. § 44, 642 to 717 of Article I / 1911, as amended,
19. Article 28 of Law LIV / 1912 on the putting into effect of Act I / 1911, on the Citizenship of Sporovom poriadku,
20. § 16, 30 to 47 of the Decree of 12 October 1914, No 276, issuing a partial amendment to the Civil Code,
21. Law of 22 May 1919, No 320 Coll., amending the provisions of civil law on the ceremonies of the contract of marriage, on separation and on obstacles to marriage,
22. Government Decree of 27 June 1919, No 362 Coll., implementing the Law of 22 May 1919, No 320 Coll., amending the provisions of civil law on matrimonial law,
23. Law of 23 July 1919, No 447 Coll., reducing the age of minors,
24. § § 1 to 4, § 8 and § 9 of the Law of 16 December 1930, No. 4 Coll. of 1931, for the protection of persons entitled to claim nutrition, education or provision,
25. Paragraph 10 of the Order of the President of the Republic of 27 October 1945, No 117 Coll., adjusting the provisions on declaration of death,
26. Law of 10 January 1946, No. 8 Coll., on the proceedings in certain disputes of family law,
27. the Act of 14 October 1947, No 180 Coll., on the remarriage of women whose marriage has expired or has been declared invalid,
28. § 6 and 11 of Act of 11 March 1948, No. 41 Coll., on Private International and Interregional Law and on the status of foreigners in the field of private law.
Where the law on family law mentions fully persons deprived of their capacity, this is understood to mean persons under the custody of a mental illness in Slovakia; When referring to persons deprived of their capacity, this also means persons under the custody of a person under the care of a weak-minded or prodigal person in Slovakia.
Contents
HLAVA PRVÁ.
§ 1.
§ 2.
§ 3.
§ 4.
§ 5.
§ 6.
HLAVA DRUHÁ.
§ 7.
§ 8.
§ 9.
§ 10.
§ 11.
§ 12.
§ 13.
§ 14.
§ 15.
§ 16.
§ 17.
§ 18.
§ 19.
§ 20.
§ 21.
§ 22.
§ 23.
§ 24.
§ 25.
§ 26.
§ 27.
HLAVA TŘETÍ.
§ 28.
§ 29.
§ 30.
§ 31.
§ 32.
§ 33.
§ 34.
§ 35.
§ 36.
§ 37.
§ 38.
§ 39.
§ 40.
§ 41.
§ 42.
§ 43.
§ 44.
§ 45.
§ 46.
§ 47.
§ 48.
§ 49.
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Regulation Information
| Citation | Act No. 266 / 1949 Coll., on Interim Changes in Certain Civil Matters |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.12.1949 |
|---|---|
| Effective from | 01.01.1950 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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