Act No. 286 / 2009 Coll.
Act amending Act No. 120 / 2001 Coll., on Judicial Executives and Enforcement Activities (Enforcement Order) and amending other laws, as amended, Act No. 119 / 2001 Coll., laying down rules on cases of parallel enforcement of decisions, Act No. 262 / 2006 Coll., Labour Code, as amended, Act No. 99 / 1963 Coll., Civil Code, as amended, Act No. 265 / 1992 Coll., on Laws of Owners and Other Property Rights, as amended, Act No. 7 / 2002 Coll., on Proceedings in Judicial and State Representatives, as amended, and Act No. 283 / 1993 Coll.
Valid
Law
Effective from 01.11.2009
Contents
ČÁST PRVNÍ
Čl. I
㤠25
㤠38
㤠44
㤠44a
§ 44b
㤠46
㤠54
㤠55
㤠55b
§ 55c
㤠66
㤠68
㤠69a
㤠96
㤠113a
㤠114
„HLAVA X
§ 117a
§ 117b
§ 118
§ 119
§ 120
§ 120a
Čl. II
Čl. III
ČÁST DRUHÁ
Čl. IV
㤠16a
ČÁST TŘETÍ
Čl. V
ČÁST ČTVRTÁ
Čl. VI
㤠336o
Čl. VII
ČÁST ŠESTÁ
Čl. X
㤠4b
Čl. XI
ČÁST SEDMÁ
Čl. XII
ČÁST OSMÁ
Čl. XIII
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286
THE LAW
of 22 July 2009
amending Act No. 120 / 2001 Coll., on Judicial Executives and Enforcement Activities (Enforcement Order) and amending other laws, as amended, Act No. 119 / 2001 Coll., laying down rules on cases of simultaneous enforcement of decisions, Act No. 262 / 2006 Coll., Labour Code, as amended, Act No. 99 / 1963 Coll., Civil Procedure Code, as amended, Act No. 265 / 1992 Coll., on Minutes of Property Rights and Other Property Rights, as amended, Act No. 7 / 2002 Coll., on Proceedings in the Cases of Judges and Public Representatives, as amended, and Act No. 283 / 1993 Coll.
Parliament has decided on this law of the Czech Republic:
Amendment of the Enforcement Order
Act No. 120 / 2001 Coll., on Judicial Executives and Enforcement Activities (Enforcement Order) and on the amendment of other Acts, 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. 133 / 2006 Coll., Act No. 253 / 2006 Coll., Act No. 296 / 2007 Coll., Act No. 347 / 2007 Coll., Act No. 70 / 2008 Coll., Act No. 79 / 2006 Coll., Act No. 133 / 2006 Coll.
1. In Article 5 (2), the word "authorisation 'is replaced by" delegation' and the word "individual 'is deleted.
2. In the first sentence of Article 7 (1), the words "and Article 76a 'shall be inserted after the words" Paragraph 74 (1) (b)'.
3. in Article 8 (d):
"(d) appoint one-third of the members of the Examination Committee and two-thirds of the members of the Panel of Appeal from among judges;"
4. In the second sentence of Article 9 (2), the words "the Constitutional Court or the Supreme Court or the Supreme Administrative Court 'shall be deleted and after the words" the Prosecutor' shall be inserted the words "the Assistant Prosecutor '.
5. In Article 15, the following paragraph 5 is added:
"(5) The executive appointed to the executive office whose performance has ceased to exist shall take over the outstanding files of that executive office and carry out both executive and other activities. It shall inform the parties thereof and inform the creditor that it may request a change of the executor. The share of the executor whose performance of the office has ceased to exist or of his heirs in the remuneration of the newly appointed executor shall be determined by agreement. If the agreement is not delivered to the Chamber within two months of the appointment of the new executor, the Chamber shall decide. The newly appointed executor shall arrange for the transmission of completed files, registers, stamps, cards and seals in accordance with Section 103 (1). ';
6. In the first sentence of Article 16 (1), the words "or extinction 'shall be inserted after the words" suspension'.
7. In Paragraph 16 (1), the last sentence is replaced by the following: "The represented executor and the representative shall agree on a representative's share in the remuneration of the represented executor. If the agreement is not delivered to the Chamber within two months of the appointment of the representative, the Chamber shall decide. ';
8. In the fourth sentence of Article 16 (3), the words "the grounds for which it was created 'shall be replaced by the words" if a new executor has been appointed to the executive office after the expiry of the executive office or if other reasons for which representation have arisen'.
9. In the last sentence of Article 16 (3), the words "or its heirs' shall be inserted after the words" represented by the executor '.
10. In Article 16, the following paragraph 7 is added:
"(7) The Agreement pursuant to paragraph 1 and Article 15 (5) shall register the Chamber."
11. in Article 18 (1), the words "or, where a disciplinary measure has been imposed on him, the removal from representation," shall be added at the end of the text of point (b).
12. in Paragraph 21 (1), the words "empower to execute individual actions" shall be replaced by the words "delegate implementation."
13. in Paragraph 21 (2):
"(2) However, the executor cannot entrust the associate to issue the execution order. The conciliator may not make an auction of the property or the firm, issue decisions in execution by selling the property or the firm, or establish an executive lien. ';
14.
The executor may entrust the candidate in writing with the execution of the execution or other activities. ';
15. in Article 27 (2), including footnote 3a,
"(2) The executor may entrust the executor in writing with the execution of the actions carried out by the executor in the execution of the decision under the Civil Code). It may entrust additional staff to carry out simple tasks which are the subject of execution or other activities.
(3a) Paragraph 265 (2) and (3) of the Civil Code. § 46 et seq. of Decree No. 37 / 1992 Coll., on Rules of Procedure for Regional and Regional Courts, as amended. '
16. In the first sentence of Paragraph 28, the words "by judgment 'are replaced by the words" by a court competent pursuant to Paragraph 45 ("the execution court') '.
17. In the second sentence of Paragraph 28, the word "executive" shall be inserted after the words "acts."
18. In the first sentence of Article 29 (3), the word "enforceable" shall be inserted after the word "without delay."
19. In the first sentence of Paragraph 29 (5), the word "executive 'shall be inserted after the words" from the date on which'.
20. In the first sentence of Paragraph 29 (7), the word "executive" shall be inserted after the word "case."
21. In the second sentence of Article 29 (7), the word "enforceable" shall be inserted after the words "of which it was."
22. In Paragraph 29 (8), the word "enforceable" shall be inserted after the word "decision-making."
23. In Paragraph 29 (11), the word "executive" shall be inserted after the word "delegate."
24. In Article 29, at the end of paragraph 11, the dot is replaced by a semicolon and the words "the newly mandated executor shall decide by an order to pay the execution costs of the execution of the execution costs."
25. In Article 33, the following sentence is added at the end of paragraph 3, including footnote 7f: "In the execution procedure, the executor shall have the status of the organisational component of the state7f for the purposes of obtaining remote access to the computer files in which the cadastral data are kept.
7f) § 22 paragraph 5 of Act No. 344 / 1992 Coll., on the cadastral property of the Czech Republic (cadastral law), as amended. '
26. In the first sentence of Article 34 (2), the words "and, if technically possible, in electronic form 'shall be inserted after the word" deferral'.
27. in Article 34 (3), the words "court on the application of the executor" shall be replaced by "executor."
28. Paragraph 35 (2) reads as follows:
"(2) The execution procedure shall begin on the date on which the application for an execution order was issued to the executor. However, the executor may only begin to execute the execution if the execution court authorises it to execute it. '
29. in Paragraph 36 (2), "execution" is replaced by "execution order."
30. Paragraph 38 reads:
(1) In the proposal for a regulation of execution, the executor to be entrusted with the execution of the execution must be identified, indicating its registered office. The proposal must further show who makes it, which matters and what it follows, and must be signed and dated. In addition, the application for an execution order shall include the name, surname and residence of the participants or the name, registered office and identification number, the exact designation of the execution title, the indication of the obligation to be recovered by the execution and an indication of whether, where appropriate, to what extent the debtor has complied with the obligation to enforce the enforcement, or, where appropriate, the indication of the evidence which the creditor has relied on.
(2) An original or an officially certified copy of the enforcement title, accompanied by a certificate of enforceability or a copy of the notarial registration or an executive registration with the permission of enforceability, must be attached to the application for an enforcement order, unless the enforcement order has been issued by the enforcement court. "
31. in Paragraph 39 (1), the words "or court" shall be deleted;
32. Paragraph 44, including the title and footnote 16, reads as follows:
Regulation of execution and delegation of the executor for execution
(1) An executive who has received an application for an execution order shall request the execution court within 15 days of the date of receipt of the application for execution (hereinafter referred to as the "mandate"). If the application does not contain all the required particulars or is incomprehensible or indefinite, the period shall run only from the date of service of the corrected or supplemented application or, where applicable, the execution title to the executor.
(2) A request from the executor for delegation to execute the execution shall indicate the executor to be entrusted with the execution of the execution, indicating its registered office. The application shall be dated and shall include the name, surname and address of the participants or the company or the name, registered office and identification number, the exact designation of the execution title, the date of its enforceability and the indication of the obligation to be recovered by execution. Together with the application, the executor shall send the application entitled to the execution order and all documents attached to the application. The application must be made on an electronic form and all documents sent to the court together with it must be sent in electronic form; If technically impossible, the application and the documents may be sent in paper form.
(3) By order of the Court of First Instance, the Court of First Instance shall order the execution of the order and order the execution of that order within 15 days if all the legal conditions laid down for the execution order are fulfilled, otherwise it shall reject the application. The court shall order execution without determining how the execution is to be carried out.
(4) The executor shall deliver a copy of the order to the creditor, the debtor and the Chamber. The authorities entrusted with the management of the register (s) of legal persons (16), or other authorities or persons, shall deliver the order only if it is necessary for the management of the execution. If the property register contains the property right of the debtor, the order shall be delivered to the cadastral office whose territorial jurisdiction is the seat of the court which mandated the executor.
(5) The order shall be delivered to the creditor and the debtor in his own hands. It shall be delivered to the debtor together with the proposal for an execution order.
(6) The resolution contains:
(a) the designation of the execution court which mandates the executor to carry out the execution;
(b) the designation of the executor responsible for the execution;
(c) the designation of the execution title and the authority which issued it or the person who prepared it;
(d) an indication of the creditor and the debtor;
(e) an indication of the obligation to be recovered by execution, including the obligation to pay the costs of execution;
(f) signature and date,
(g) the instruction referred to in paragraphs 7, 44a (1) and 46 (5).
(7) An appeal may be appealed against the order on the execution order in which facts other than those applicable to the execution order cannot be objected; the court shall disregard the others and confirm the execution order. If the appeal does not contain the facts relevant to the enforcement regulation or does not contain any facts, the court shall reject the appeal by order. Where a compulsory appeal is lodged against the executor's hands, he shall forward it to the competent court without undue delay; the time limit for lodging the appeal shall be maintained by delivery to the executor.
16) Sections 200a to 200d of the Civil Code. "
33. the following Sections 44a and 44b are inserted after Section 44, including the title and footnote 16a:
(1) Upon delivery of the order, the debtor may not dispose of his property, including property and property belonging to the joint capital of the spouses, except in the case of ordinary business and operational activities, the satisfaction of the basic needs of his life and of the persons to whom he has maintenance obligations, and the maintenance and management of the property. The legal act by which the debtor has infringed that obligation shall be void. However, a legal act shall be deemed to be valid if the invalidity of the legal act is not permitted by the executor, the creditor entitled or the creditor applied for to ensure that the debt recovered is satisfied. The legal effects of the application shall be from the effectiveness of the legal act, if the enforcement order or other manifestation of the will of the executor, the creditor entitled or the creditor applied for to all the parties to the legal act, the executor, the creditor authorised or registered.
(2) If the debtor applies to the executor an amount equal to the amount of the debt recovered, the costs of the execution and the costs of the creditor, the executor shall, on application by the debtor, withdraw the prohibition referred to in paragraph 1 and Article 47 (4) by decision. The executor shall take the decision referred to in the first sentence within 7 days of the date on which the application was served on the debtor and shall send it without delay to the parties and to the other persons to whom the enforcement orders have been served under Paragraph 49 (4). No appeal shall be admissible against that decision.
(3) On the application of the debtor, the executor may decide that the prohibition provided for in paragraph 1 and in Article 47 (4) shall not apply to the property which the debtor has indicated in the application if the debtor also demonstrates that his remaining assets are clearly and undoubtedly sufficient to cover the recovery claim, including the costs of the creditor and the costs of the execution.
(4) With the written consent of the executor, the creditor and all the creditors applied for may be liable for the recovery of the claim, its accessories, the cost of the execution or the costs of the redemption of the property or individual assets, provided that they are not affected by other executions 16a), but at least at the usual price established on the basis of the expert opinion due when signing the contract to the executor's hands.
(5) Paragraph 1 shall not apply if it is a mandatory State.
Change of executor
If the authorised execution court asks for a change to the executor, the execution court shall, after consulting the executor, relieve him of his mandate if the reasons for the special consideration are appropriate. In such a case, the execution court shall order the execution of the execution of the executor, who shall be proposed by the creditor, and the executor shall refer the matter to him without authorisation. The effects of the original proposal authorised for execution remain. The remuneration of the executor who has been relieved shall be calculated as if the execution had been halted. The newly mandated executor shall decide by an order to pay the execution costs of the execution.
16a) Act No. 119 / 2001 Coll., laying down rules for cases of parallel performance of decisions. '
34. In the heading of Section 45, the word "enforceable" shall be inserted after the word "jurisdiction."
35. in Article 45 (1), the words "at first instance" shall be deleted;
36. in Paragraph 45 (2):
"(2) The court responsible for the execution of the proceedings shall be the court in whose district the debtor is domiciled, if he is a natural person and if he is not domiciled, the court in whose district he is present. If the debtor, who is a natural person, is resident in several places, all the courts in whose district he resides with the intention of staying there permanently shall be responsible. If the debtor is a legal person, the court in whose territory he has a registered office shall be responsible locally. If the debtor, who is a natural person, does not reside in the Czech Republic or does not reside in the Czech Republic, or if the debtor, who is a legal person, has a registered office in the Czech Republic, the court in whose territory he has compulsory assets shall be responsible locally; where the property has more than one court, the court first served with the request of the executor for delegation. ';
37.
(1) The executive officer responsible shall proceed quickly and effectively with the execution; ensuring the protection of the rights of the parties and of the third parties concerned by its procedure.
(2) The executive officer responsible shall, on his own initiative, act towards its execution. The executor shall carry out the execution until the recovery of the claim and its accessories, or the enforcement of any other enforcement obligation, execution costs and authorised costs; the execution will be carried out. The actions and decisions of the executor and the enforcement court shall be recorded in the enforcement file, which shall be kept by the executor in paper or electronic form.
(3) The executor is obliged to execute the execution in the order in which the orders on the execution order were served.
(4) The financial performance of the enforcement is paid to the executor. Unless otherwise assessed by the executor and the creditor, the executor shall, after having given legal authority, ensure, after deduction of the costs of the execution, payment of the entire recovered claim to the creditor within 30 days of receipt of the cash. The recovered partial performance of the executor shall be paid to the creditor, unless otherwise agreed with him, within the same time limit where the outstanding partial performance exceeds CZK 1,000.
(5) The executor shall, together with the resolution, send a request to the debtor to fulfil the enforcement obligation, in which he shall quantify the claim claimed and the advance on the reduced cost of the execution 16b) and the eligible costs. At the same time, the debtor shall be instructed that if, within 15 days, he meets the claim and pays the advance, the executor shall immediately issue an order to pay the execution costs. The execution will be carried out by the legal authority of the execution order. The prohibition laid down in Article 44a (1) and Article 47 (4) shall cease to apply by fulfilling the recovered claim and paying the advance. Otherwise, the executor will execute.
(6) Where the execution procedure is interrupted under a special law (16c) or a specific law (16d), the execution procedure shall not take any action to execute the execution, unless otherwise provided by the law. An insolvency practitioner shall immediately issue a resolution to the insolvency practitioner, which shall, after deduction of the execution costs, decide to issue the recovery to the insolvency administrator.
(7) Upon termination of the execution pursuant to paragraphs 2 and 5 and Article 55, the executor shall send the notice of termination of the execution to all the authorities and persons who keep a record of the execution or who have been required to do so in their records; the notification is not a decision. It shall also send such notification to the parties without delay upon request.
16b) § 11 of Decree No. 330 / 2001 Coll., on the remuneration and compensation of the court executor, on the remuneration and reimbursement of the final expenses of the manager and on the conditions of liability insurance for damages caused by the executor, as amended by Decree No. 233 / 2004 Coll.
16c) For example § 35 (2) of Act No. 216 / 1994 Coll., on arbitration proceedings and on the enforcement of arbitration findings.
16d) For example, § 109 (1) (c), § 267 (1) of Act No. 182 / 2006 Coll., on bankruptcy and its methods of resolution (insolvency law). '
38. In Paragraph 47, the following paragraph 5 is added:
"(5) By execution and termination of execution, the effects of all issued execution orders shall cease."
39. in Paragraph 48 (a):
"(a) the execution court,"
40. In Paragraph 50, the following paragraph 3 is added:
"(3) The executor shall be entitled to consult the court file on the declaration of property of the debtor."
41. in Paragraph 51, the word "enforceable" shall be inserted at the beginning of points (a) and (d).
42.In Paragraph 51 (b):
"(b) the execution has been stopped,"
43. Article 53 shall be deleted;
44. Paragraph 54, including the title, reads:
Deferred execution
(1) The application for suspension of execution shall be lodged with the authorised executor. An application for suspension of an execution which does not contain all the elements or which is incomprehensible or indefinite or which is not accompanied by an instrument to prove the claims contained in the application shall be rejected by the executor if it cannot be decided in substance for those deficiencies. Paragraph 43 of the Civil Code does not apply.
(2) Pending the decision on the application for suspension of execution, the Executive Executive shall not take any action to execute the execution, unless it is a proposal that is arbitrary or likely to be unsuccessful in the application or defence of the right. The first sentence shall not apply where the participant applies the same circumstances in the application for deferral which have already been decided.
(3) If the execution court or the execution court defer execution on application of a compulsory application pursuant to Article 266 (1) of the Civil Code, the execution court or the execution court shall state the period to which the execution is deferred; during this period, the executor shall not take any action to execute the execution. At the end of the period of suspension, both the executor and the executor shall continue to carry out the execution.
(4) If the enforceability of the enforcement order is postponed, the executor or the enforcement court shall postpone the execution until the final termination of the proceedings in which the court decides to postpone the enforceability of the enforcement order.
(5) Where, in the case of an executor, a security equal to the amount of the debt recovered, the costs of the creditor and the costs of the execution, the executor or the execution court, on application by the debtor, defer the execution of the execution to the law of the decision on the application for suspension of the execution lodged by the debtor and decide that the debtor is not bound by the prohibition referred to in § 44a (1) and § 47 (4) from the date of the decision on the suspension. If the execution is not stopped, the security shall be used to cover the recovery claim, the costs of the creditor and the costs of the execution; otherwise return to the operator of the security.
(6) The execution court may, of its own motion, defer execution if it is expected that the execution will be terminated.
(7) If the executor does not comply with the application for suspension of execution within 7 days, he shall, together with the enforcement file, forward it to the court which shall decide on it without undue delay, no later than 15 days. ';
45. Paragraph 55, including the title, reads:
Stopping execution
(1) An application for the cessation of execution may be made by the debtor within 15 days of the date on which he became aware of the reason for the cessation of execution. A motion to stop an execution shall be filed with an authorised executor.
(2) Where a participant submits a proposal to stop execution, the executor shall, within 15 days of receipt of the proposal, invite the other parties to submit an application to express their agreement to the proposal and, if it does not agree with the statements contained in the order to stop, submit a statement on the proposal and provide documents to prove their claims. If all participants agree to stop the execution, the executor shall accept the application to stop the execution within 30 days of the futile expiry of the period of time to comment or of receipt of the consent, if earlier. If the executor does not comply with the application to suspend the execution, he shall forward it, together with the enforcement file, within that time limit to the decision of the execution court.
(3) The executor shall also decide on the suspension of the execution on his own motion, if he agrees to the suspension authorised. If the creditor does not agree, the executor shall request the suspension of the enforcement court which shall proceed with the decision referred to in paragraph 4.
(4) The execution court may decide to suspend the execution of the proceedings on its own motion.
(5) If he does not lodge a reasonable advance on the costs of execution, the executor shall cease execution. The executor shall not suspend execution unless the conditions for the exemption of a creditor under a special legislation are met or the maintenance of a minor child is enforced. ';
46. After Paragraph 55a, the following Sections 55b and 55c are inserted:
Decision-making of the executor
(1) The executor shall proceed mutatis mutandis in the decision-making procedure under the Civil Code. When deciding, the executor shall take the action which is the responsibility of the Court of First Instance in the enforcement proceedings.
(2) Save as otherwise provided in this law, the Executive Director shall decide by order which he shall deliver to the parties and other persons whose proposals and rights and obligations he decides on.
(3) The executor shall act without hearing, unless otherwise provided for in the Civil Code.
(4) Where that law provides that an act is to be carried out with the executor, the period shall be maintained if the act is taken with the court of execution, which shall immediately forward the application to the executor.
Appeals against the decision of the executor
(1) A party may appeal against the decision of the executor.
(2) An appeal against the decision of the executor shall be decided by the regional court in whose district the execution court is situated.
(3) The appeal is not admissible against:
(a) the decision of the executor on the application to remove the case from the inventory (§ 68);
(b) the execution order; or
(c) the execution order.
(4) An appeal may be lodged within 15 days of the receipt of the written copy of the decision with the executor against whose decision the appeal is directed. If an amending order concerning the operative part of the decision has been issued, that period shall run again from the legal authority of the amending order.
(5) Paragraph 201 to 226 of the Civil Code shall apply mutatis mutandis.
(6) The actions provided for in Articles 208 to 210a of the Civil Code are carried out by an executor who then submits the appeal together with the enforcement file to the Court of Appeal. "
47. In Paragraph 56, the word "always' is deleted.
48. in Paragraph 58 (1):
"(1) Execution may only be carried out in the manner specified in this Act. To ensure the execution of the property, it shall be possible to ensure that the recovery claim, its accessories, including those which are likely to be payable for the duration of the execution, the likely costs of the enforceable and likely costs of the execution are at the most safe. ';
49. in Paragraph 58 (2):
"(2) If one of the methods of execution is not sufficient to satisfy the creditor, execution in one execution procedure may be carried out in several ways and, where appropriate, in all the legal procedures laid down. Execution may be carried out in several or all of the legal procedures laid down by law at the same time or in stages. If the purpose of the execution does not prevent this, the execution imposing the payment of the cash amount shall be done by ordering the claim, by withholding from wages and other income or by establishing an enforceable property lien. Where the procedures for execution referred to in the third sentence are not sufficient to cover the recovery of the cash claim, its accessories, the costs of the right and the costs of the execution, the execution shall be carried out by imposing the payment of the cash amount by the sale of movable property and immovable property or by the sale of the undertaking. ';
50. In Paragraph 59, the dot is replaced by a comma at the end of paragraph 1 and the following point (e) is added:
"(e) the establishment of an executive lien on real estate."
51. Sections 61 and 62 are deleted.
52. In Paragraph 64 (6), the word "court 'is deleted.
53. Paragraph 66, including footnote 18, reads:
(1) If this is useful for the execution of the execution by the sale of movable property, the executor may, without the proposal of the creditor, arrange for the movable property which he has written, in particular if there is fear of damage or loss. It takes over the secured items into its custody or deposit them with a suitable steward. It is not possible to provide a data medium where the debtor has issued a record of execution.
(2) In order to carry out the execution of the execution by the sale of the property of the debtor, the executor may only accede to the sale of the property of the debtor if it is demonstrated by the documents issued or certified by the public authorities and, where appropriate, by the public documents of the notary that the property is owned by the debtor.
(3) Paragraph 328b (4) second sentence and Paragraph 336h (4) of the Civil Code apply mutatis mutandis to the executors and employees of the executive offices.
(4) If the security lodged under Paragraph 336n (1) of the Civil Code is not sufficient to cover the obligations under Article 336n (1) of the Civil Code, the executor shall request the Enforcement Court to order an execution of its own motion, in accordance with the enforceable order referred to in Article 336n (2) of the Civil Code, in order to recover the necessary sums, and to entrust it to carry out the execution on the property of the auctioneer.
(5) The valuation of real estate, its accessories and individual rights and defects related to real estate shall be subject to the usual price under the special legislation18).
(6) The obligation under Paragraph 328a (1) of the Civil Code is fulfilled by the publication of a public decree on the official record of the executor and the court of execution; in addition to such publication, the executor may publish the offer by means of mass media or publicly available computer networks. The obligation to bid shall apply to the institutions of which the State or the municipality is the founder.
(7) The costs of execution shall be met as claims on costs within the group referred to in Article 337c (1) (a) of the Civil Code.
18) Paragraph 2 (1) of Act No 151 / 1997 Coll., on the valuation of assets and on the amendment of certain laws (Law on the valuation of assets). "
54.
Delete item from inventory
(1) He to whom the right to a case which does not permit execution (hereinafter referred to as "the applicant") is testifying may file a motion to remove the case from the inventory. The application may be made within 30 days of the date on which the appellant became aware of the inventory of the case, by the executor who made the listing. The belated execution will refuse.
(2) An application for removal from the inventory shall be decided by the executor within 15 days of its delivery. If the application has not been rejected for delay, the executor shall decide on the proposal on the basis of expert opinions, reports and observations of the institutions, natural and legal persons, notarial or executive records and other documents submitted by the appellant together with the proposal.
(3) The executor will always remove the item from the inventory if it is justified. The executor shall always remove the item from the inventory if, during the execution of the execution, it becomes apparent that he or she does not belong or belong to the debtor.
(4) An action for the exclusion of a case under Paragraph 267 of the Civil Code may be brought by the appellant before the execution court within 30 days of the delivery of the decision of the executor to whom he has not complied, even in part, with his application to remove the case from the register in due time. The appellant must be informed by the executor. Since the application for the removal from the register of cases until the expiry of the period laid down in the first sentence and during the application procedure, the movable goods drawn up may not be sold. '
55. The following Section 69a is inserted after Section 69:
Contents
ČÁST PRVNÍ
Čl. I
㤠25
㤠38
㤠44
㤠44a
§ 44b
㤠46
㤠54
㤠55
㤠55b
§ 55c
㤠66
㤠68
㤠69a
㤠96
㤠113a
㤠114
„HLAVA X
§ 117a
§ 117b
§ 118
§ 119
§ 120
§ 120a
Čl. II
Čl. III
ČÁST DRUHÁ
Čl. IV
㤠16a
ČÁST TŘETÍ
Čl. V
ČÁST ČTVRTÁ
Čl. VI
㤠336o
Čl. VII
ČÁST ŠESTÁ
Čl. X
㤠4b
Čl. XI
ČÁST SEDMÁ
Čl. XII
ČÁST OSMÁ
Čl. XIII
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Regulation Information
| Citation | Act No. 286 / 2009 Coll., amending Act No. 120 / 2001 Coll., on Judicial Executives and Enforcement Activities (Enforcement Order) and amending other laws, as amended, Act No. 119 / 2001 Coll., laying down rules on cases of parallel enforcement of decisions, Act No. 262 / 2006 Coll., Labour Code, as amended, Act No. 99 / 1963 Coll., Civil Code, as amended, Act No. 265 / 1992 Coll., on Laws of Owners and Other Property Rights, as amended, Act No. 7 / 2002 Coll., on Proceedings in Judicial and Civil Representatives, as amended, and Act No. 283 / 1993 Coll. |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.09.2009 |
|---|---|
| Effective from | 01.11.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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