Act No. 286 / 2021 Coll.
Act amending Act No. 99 / 1963 Coll., Civil Code of Judicial Procedure, as amended, Act No. 120 / 2001 Coll., on Judicial Executives and Enforcement Activities (Enforcement Order) and on Amendment of Other Acts, as amended, and certain other laws
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Law
Effective from 01.01.2022
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286
THE LAW
of 7 July 2021
amending Act No. 99 / 1963 Coll., Civil Code, as amended, Act No. 120 / 2001 Coll., on judicial executors and enforcement activities (Enforcement Order) and amending other laws, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Civil Code
Act No. 2000 / 2000 Coll., Act No. 99 / 1963 Coll., 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., Act No. 117 / 1991 Coll., Act No. 152 / 1994 Coll., Act No. 216 / 1995 Coll., Act No. 84 / 1995 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll., Act No. 110 / 1995 Coll. Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2001 Coll., Act No. 31 / 2002 Coll.
1. In Paragraph 238, at the end of paragraph 1, the dot is replaced by a comma and the following point (l) is added:
"(l) against orders which have been decided to waive the deposit or to withdraw the advance pursuant to the Rules of Enforcement."
2. In Paragraph 252, paragraphs 3 and 5 are deleted.
Paragraph 4 shall become paragraph 3.
3. In Paragraph 252 (3) of the Introductory Part of the provision, the words "paragraph 3 'are replaced by the words" Paragraph 511 of the Law on Special Proceedings of the Court'.
4. Paragraph 260 (1) is deleted.
Paragraphs 2 and 3 shall be renumbered paragraphs 1 and 2.
5. In Paragraph 260 (1), the words "foreign electronic money institutions' are replaced by the words" branches of a foreign electronic money institution 'and the words "foreign payment institutions' are replaced by the words" branches of a foreign payment institution '.
6. In Article 260b (1), the words "or pursuant to Section 513 of the Law on special judicial proceedings' shall be inserted after the words" 260 '.
7. The following Section 265a is inserted after Section 265:
(1) The proceeds resulting from the enforcement of the decision to satisfy the claim for which enforcement has been ordered shall be taken first on the costs of the court's enforcement, then on the principal, then on the interest, then on late interest, and finally on the costs of the creditor.
(2) The enforcement costs referred to in paragraph 1 shall also mean the costs of execution under the law governing the execution procedure. ';
8. In Paragraph 266, the sentence "The Court of First Instance may, on application, decide that the prohibitions provided for in paragraphs 1 and 3 of Section 304, paragraphs 1 and 3 of Section 313 and paragraph 1 (b) of Section 320d, shall not apply for the period of deferral where this is necessary to achieve the purpose of the deferral and would not be seriously damaged. '
9. In Paragraph 270, the following sentence is added at the end of paragraph 2: "The salary payer shall be entitled to a flat-rate reimbursement of the costs incurred for the calendar month in which he makes the deduction from the compulsory salary. The wage payer's costs are the costs of enforcement. If the payee also makes deductions to obtain several claims against the same debtor, the payee shall be entitled to reimbursement only once. The right to reimbursement of costs which have not been deducted under Article 289 (2), Article 291 (3) or Article 293 (1) shall cease to exist before payment or dispatch. '
10. In Section 271, the words "or wage payers' shall be inserted after the words" participants'.
11. In Paragraph 279, the sentence "The reimbursement of the salary of the payer's expenses shall be met before all other claims of the first third shall be added at the end of paragraph 1."
12. in Article 279 (2), point (g) is deleted;
Points (h) to (l) shall be renumbered as points (g) to (k).
13. In Paragraph 289, the sentence "From the amounts withheld to be paid to the debtor, the wage payer shall be deducted before their payment is paid a flat-rate reimbursement."
14.Paragraph 290 (1) reads as follows:
"(1) Where it is apparent in the proceedings that the debtor does not receive wages for a period of 2 years, the court ordered the execution of the judgment by withholding the salary shall cease. The ordered execution of the judgment by withholding the salary shall be suspended by the court even if it is established in the proceedings that the debtor has not received a salary of at least three years to the extent that it can be deducted. A motion to stop may also be made by a wage payer. '
15. in Article 291, the following paragraph 3 is added:
"(3) After having been informed that the order for enforcement of the decision has become final, the payer shall deduct a flat-rate payment of the costs to be paid or sent in accordance with paragraph 1. ';
16. In Paragraph 293, at the end of paragraph 1, the sentence "The new payer of wages shall be added after having received the decision referred to in Article 294 (3) and shall be deducted from the flat-rate reimbursement of the costs of the sums deducted before payment or dispatch."
17. in Article 299 (1) of the Introductory Part of the provision, the words "from service income, from service salary," and the words "from maintenance" shall be inserted after the words "in whole."
18. in Article 299 (1) (f), the words "and retraining aid" shall be replaced by the words "retraining aid and compensation aid."
19. in Article 299 (1) (l), including footnote 107:
"(l) wage entitlements under the law governing the protection of workers in the insolvency of employers 107).
107) Act No. 118 / 2000 Coll., on the protection of employees in the insolvency of employers and on the amendment of certain laws, as amended. '
20. Paragraph 299 (2), including footnote 108, reads as follows:
"(2) If the execution of a decision is a deduction from the pension of a natural person who pays the cost of providing a social service provided in residence form, the execution of the decision shall not be subject to the amount needed to cover the cost of providing a social service and an amount equal to the compulsory balance of the income of a natural person under the Social Service Act 108).
108) § 73 of Act No. 108 / 2006 Coll., on Social Services, as amended. '
21. in Paragraph 301, the words "or public authority" shall be inserted after the words "If";
22. In Paragraph 301, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The person or public authority in respect of whom he is required to receive State social assistance or foster care benefits which are not paid on a one-off basis, or the income referred to in Article 299 (1) (b) to (d) and (f) to (l), shall not be entitled to flat-rate reimbursement of the costs incurred in carrying out decisions by withholding such revenue. ';
23. in Paragraph 304 (3):
"(3) The debtor loses the right to use, use or otherwise dispose of the funds for payment, up to the amount of the debt recovered and its accessories, when the order for enforcement is served to the money institution; This shall not apply in the case of a payment the purpose of which is to discharge the enforcement obligation, to the account of the creditor or the judicial executor with the money institution, the number of which is indicated in the order for enforcement. ';
24. In Paragraph 312, the following paragraph 3 is inserted after paragraph 2:
"(3) Enforcement of decisions concerning State social support benefits and foster care not paid on a one-off basis shall not be carried out by ordering the claim. ';
Paragraph 3 shall become paragraph 4.
25. In Article 317 (2), the words ", the supplement to the pension to alleviate certain social injustices caused by the Communist regime, the supplement to the pension and the special contribution to the pension under the law governing the award of national combat participants for the creation and liberation of Czechoslovakia and some of the survivors after them 'shall be inserted after the word" housing'.
26. In Paragraph 320f, at the end of paragraph 1, the sentence "Paragraph 338zo (4) shall apply mutatis mutandis when the decision is terminated."
27. in Article 320f (3), the words "fruits and benefits" are replaced by the words "benefits in money."
28. in Article 320f (5), the words "If the benefits referred to in paragraph 3 are not in money, they shall be surrendered to the court" shall be replaced by the words "Fruit or benefits from real estate which are not in money shall be surrendered to the court."
29. in Paragraph 320h (2), at the end of the text in point (a), the words "the State created" shall be added.
30. in Article 320h (2), the following point (b) is inserted after point (a):
"(b) the remuneration of the AIFM and its final expenses,"
Points (b) to (e) shall be renumbered (c) to (f).
31. in Paragraph 320h (2) (f), the word "real estate" is replaced by "real estate."
32. In Paragraph 338ma, at the end of paragraph 2, the sentence "Paragraph 338zo (4) shall apply mutatis mutandis when the decision is terminated."
33.In Paragraph 374a (e):
"(e) the amount of the remuneration of the managers of the establishment, the method of determining it and the amount of the reimbursement of their final expenses and the amount of the remuneration of the managers of the immovable property, the method of determining it and the method of determining the reimbursement of their final expenses;"
34. in Article 374a, the dot is replaced by a comma at the end of point (f) and the following point (g) is added:
"(g) the amount and method of determining the flat-rate reimbursement of the costs of the payer's salary or other income.";
Transitional provisions
1. Unless otherwise specified, Act No. 99 / 1963 Coll., as effective from the date of entry into force of this Act, shall apply to proceedings initiated before the date of entry into force of this Act; the legal effects of the proceedings before the date of entry into force of this Act remain.
2. Paragraph 265a of Act No. 99 / 1963 Coll., as effective from the date of the entry into force of this Act, shall apply to the proceeds obtained from the date of entry into force of this Act by the enforcement of a decision or performance granted from the date of entry into force of that Act to satisfy the claims for which enforcement was ordered.
3. The provisions of Sections 270 (2), 271 (1), 289 (2), 291 (3), 293 (1) and 301 of Act No. 99 / 1963 Coll., as in force before the date of entry into force of this Act, shall apply to proceedings initiated before the date of entry into force of this Act, in which the provisions of Sections 270 (2), 271 (1), 289 (2), 291 (3), 293 (1) and 301 of Act No. 99 / 1963 Coll.
4. Article 279 (2) (g) of Act No. 99 / 1963 Coll., as effective before the date of entry into force of the Act, shall apply to proceedings initiated before the date of entry into force of this Act.
5. Until the period under Article 290 (1) of Act No. 99 / 1963 Coll., as effective from the date of entry into force of this Act, the period under Article 290 (1) of the Act No. 99 / 1963 Coll., as effective before the date of entry into force of the Act, shall be taken into account if the debtor did not collect the salary or receive the salary at least to the extent that it can be reduced.
6. In the enforcement proceedings, by ordering a claim for compensation or wage claims under a law governing the protection of employees in the insolvency of an employer in which no order for enforcement was given before the date of entry into force of that law, the court shall decide on the order for enforcement of decisions by means of deductions from compensation or wage claims under the law governing the protection of employees in the insolvency of the employer. In enforcement proceedings, by ordering a claim on compensation or wage claims under a law governing the protection of employees in the insolvency of an employer, in which a resolution on the enforcement order was issued before the date of entry into force of this law, the proceedings continue under Law No. 99 / 1963 Coll., as effective from the date of entry into force of this Act, as a procedure for the enforcement of decisions by withholding compensation or wage claims under the law governing the protection of employees in the insolvency of the employer.
Amendment of the Enforcement Order
Act No. 120 / 2001 Coll., Act No. 20 / 2011 / No 20 / 2011 / No 20 / 2011 / No 20 / 2011 / No 20 / 2011 / No 20 / 2011 / No 20 / 2011 / No 20 / 2011, Act No. 20 / 2011 Coll.
1. In the first sentence of Article 7 (1), the words "Section 76a 'are replaced by" Section 76a', the words "or 'are replaced by the words" and Section 75 (2) and' and the comma after the word "account 'is deleted and in the second sentence the word" i' is replaced by the words "on its own initiative or '.
2. In Article 7 (3) (f), the words "under Article 75 (2) or 'shall be inserted after the words" or'.
3. In Paragraph 7a (2), the words "candidate or associate who are his staff 'are replaced by the words" staff'.
4. In Article 8 (b), the words "or increases' shall be deleted and the words" their possible amendment 'shall be replaced by the words "established and repealed by the executive agencies; only an executive office which has not been occupied or released may be revoked'.
5. in Article 8 (c):
"(c) may decide to replace the head office of the executors appointed to the perimeter of different district courts, on a proposal from the Chamber and with the agreement of those executors; the replacement of the head office of the executors shall be without prejudice to the delegation pursuant to Article 43a; ';
6. in Paragraph 8 (e), "2" is replaced by "6 and 7."
7.
(1) The Chamber shall issue a selection procedure no later than 1 month after the release of the Executive Office or, if the establishment of a new Executive Office, within 1 month after the establishment of the Executive Office has been notified by the Ministry of the Chamber. The Chamber may issue a selection procedure even if the Executive Board is not occupied for another reason.
(2) The Chamber shall issue a repeated selection procedure within 6 months of the release of the Executive Office or within 6 months of the notification of the establishment of the Executive Office or, where appropriate, of the publication of the selection procedure referred to in the second sentence of paragraph 1, but first after the completion of the selection procedure referred to in paragraph 3 (b).
(3) The selection procedure referred to in paragraphs 1 and 2 is closed
(a) by issuing a decision by the Chamber's presidium on which candidate has placed himself first in the selection procedure or who have succeeded in fulfilling the conditions for his appointment;
(b) by giving a decision by the Chamber's presidium that no tenderer has succeeded in the selection procedure on the ground that he did not fulfil the conditions for his appointment;
(c) a futile expiry of the time limit for receipt of the application for a tender; or
(d) the exclusion of applications from the selection procedure for all participants applied for.
(4) The application for the appointment of an executive shall be submitted to the Minister of Comoros on the basis of a selection procedure within 1 month of the end of the selection procedure referred to in paragraph 3 (a). The Minister shall appoint an executor to the Executive Board on a proposal from the Chamber within 1 month of receipt of the application for the appointment of an executor to the District Court. The decision referred to in paragraph 3 (a) or (b) or information on the facts referred to in paragraph 3 (b). (c) or (d) the Chamber shall send the Ministry within 1 month of the end of the selection procedure.
(5) Where the Chamber does not submit a proposal to appoint an executor or where the Chamber has not sent a decision pursuant to paragraph 3 (a) or (b) or information on the facts referred to in paragraph 3 (b). (c) or (d) within the time limits referred to in paragraph 4, the Ministry may invite the Comoros to fulfil the obligation referred to in paragraph 4 and to set a reasonable additional time limit.
(6) The Minister may issue a selection procedure and appoint an executor on the basis of it, even without a proposal from the Chamber,
(a) if the Chamber does not declare a tender or a repeated tender within the prescribed time limit,
(b) if the Chamber does not submit a proposal to the Minister for the appointment of the executor within an additional period specified in the Ministry's invitation, although the selection procedure has been decided in accordance with paragraph 3 (a); or
(c) if the Chamber has not sent to the Ministry within an additional period specified in the Ministry's call for decisions pursuant to paragraph 3 (a) or (b) or information on the facts referred to in paragraph 3 (c) or (d).
(7) Any person who fulfils the conditions laid down in Section 9 may apply for a tender within a time limit specified by the person who has announced the invitation. "
8. In Paragraph 14, the sentence "The seat of the executor shall be the seat of the executive office to which he was appointed. 'is added at the end of paragraph 1.
9. In Article 15 (1), the words "at the end of the text of point (h) shall be added; the request for termination of the performance of the Executive Board shall be sent to the Board without undue delay '.
10.Paragraph 15 (5) reads as follows:
"(5) The executive appointed to the executive office whose performance has ceased to exist shall take over the files of that executive office and carry out both executive and other activities. It shall inform the parties to the enforcement proceedings at the latest at the first act of the executor in the proceedings and inform the creditor that it may propose a change of the executor or request a change of the executor. The executor who has ceased to exercise the executive office or, where applicable, its representative shall ensure without undue delay the transmission of the files, the execution of the enforcement, the secured items, the execution procedures and registers, the related data, technical equipment or data media to the newly appointed executor, and the transmission of the stamps, cards and seals referred to in Article 103 (1); the right of the executor who has ceased to exercise the executive office shall not be affected by this. The executor appointed to the executive office whose execution has ceased is not the legal successor of the executor whose execution has ceased to exist. ';
11. in Article 15 (6), the words "or the executor who has taken over the proceedings referred to in paragraph 7 or 9" shall be inserted after the words "appointed executor."
12. In Article 15, paragraphs 7 to 9 are added:
"(7) Where an executor has not been appointed to an executive office whose performance has expired, the executor shall, within 1 year of the release of the executive office or if the executive office has been cancelled and the representative of the executor whose performance has expired, the executor shall, without undue delay, invite the Chamber, after 1 year of the release of the executive office or without undue delay, to inform the Executive Board that it does not agree with the taking over of the files, the performance of the executions, the executions and registers, where appropriate the related data, technical equipment or data carriers of the executor to whom it has died. If the representative does not inform the Chamber within 1 month of the receipt of the request that he does not agree to the takeover, he shall take over the items according to the first sentence. The first and second sentences of paragraph 5 shall apply mutatis mutandis.
(8) The Chamber shall inform the district court in whose district the office of the executive agency whose execution has ceased or has been revoked that:
(a) the representative has expressed his opposition pursuant to paragraph 7 within 1 month of the opposition being expressed,
(b) the representative is a candidate and no executor has been appointed to the executive office whose performance has expired within 1 year of the release of the executive office or that the executive office has been revoked within 2 months of the expiry of 1 year of the release of the executive office or within 2 months of the cancellation of the executive office;
(c) it has not been possible to comply with paragraph 7 within 2 months of the expiry of 1 year of the release of the Executive Office or within 2 months of the cancellation of the Executive Office.
(9) The President of the District Court shall set out the execution procedures held in the Office, the execution of which has ceased or which has been annulled, evenly among the court executors appointed to its perimeter; If no executor is appointed to the perimeter of the court, the President of the District Court shall spread the proceedings equally among the court executors appointed to the district of the court which has a common border with that district and which belongs to the district court. Upon request, the representative shall provide the President of the District Court with the information necessary for the layout of the execution proceedings. A record shall be drawn up by the President of the District Court, the representative and the executor who took over the proceedings. Paragraph 5 shall apply mutatis mutandis. ';
13. in Paragraph 16 (1):
"(1) After the appointment of the executor to the executive office, the Chamber shall, on its proposal, appoint him a representative in the event of illness, leave, suspension or termination of the execution of the executive office or for other serious reasons for which it may not exercise its office for more than 1 month. If the executor does not propose a representative within 1 month of his appointment, he shall be appointed a representative of the Chamber. The represented executor and the representative shall agree on the part of the representative 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 in accordance with the principles of fair organisation. ';
14. In Article 16 (2), the sentence "If the grounds for special consideration are appropriate, a representative may be appointed from among the executors appointed outside the district of the relevant regional court or candidates."
15. Paragraph 16 (3) reads:
"(3) The executor shall, without undue delay, notify the Board and its designated representative in writing of the occurrence or termination of the facts referred to in paragraph 1. The information referred to in paragraph 1 shall include, in particular, the reason and the date from which the executor cannot exercise his office. The notice of termination referred to in paragraph 1 shall contain the reason and the date from which the executor may exercise his office. Representation shall begin on the day on which the representative becomes aware of the facts referred to in paragraph 1 and end on the day on which the representative receives the written notification of the cessation of the facts referred to in paragraph 1. If the performance of the Executive Office has ceased, the representation shall end on the date on which the representative receives a written notification that the newly appointed Executive Director has opened an office at the office of the Executive Office to which he was appointed and is ready to carry out the execution activities. A settlement shall be made between the representative and the representative of the executor or, where appropriate, his heirs or references on the date of termination of the representation, without undue delay after the date of termination of the representation. ';
16. In Article 16 (4), the first sentence is replaced by the following: "The represented executor or, where applicable, the representative of the represented executor shall ensure, without undue delay, access to his representative or, where appropriate, the new representative to the files, the execution procedures, the secured items, the execution sites and registers, where applicable, related data, technical equipment or data carriers, and, where necessary, stamps and seals."
17. in Paragraph 16 (6):
"(6) The designated representative may, at his request or at the request of the represented executor, be released from the office of representative only for reasons of special consideration. ';
18. In Paragraph 16 (7), "5 'is replaced by" 6';
19. In Article 17, the following paragraph 1 is added:
"(1) The representative shall represent the executor in the execution of the execution activity. If representation continues, the represented executor may not carry out the execution activity. If the executor has been suspended from the execution of the executive office or if the execution of the executive office has ceased, the representative shall represent him in the execution and other activities. ';
Paragraphs 1 to 4 shall be renumbered paragraphs 2 to 5.
20. in Paragraph 18 (1), the words "or has been suspended" shall be added at the end of the text of point (a).
21. In Paragraph 24, the following paragraph 2 is inserted after paragraph 1:
"(2) Until the executive practice of the associate, leave drawn during the period of that practice shall be counted. If the associate does not carry out an executive practice due to obstacles to his or her work or to his / her waived absence of work, he / she shall be counted against the period of the execution practice within a maximum of 70 working days of each year of his / her duration. ';
Paragraphs 2 to 4 shall become paragraphs 3 to 5.
22. in Paragraph 29 (5), the last sentence is deleted;
23. in Article 29 (7), the word "at the latest" shall be deleted;
24. in Paragraph 29 (11), "(a) or (b)" shall be replaced by "(b) and (c)";
25. in Paragraph 33 (4), the words "foreign electronic money institutions" are replaced by the words "branches of foreign electronic money institutions" and the words "foreign payment institutions" are replaced by the words "branches of foreign payment institutions."
26. In Paragraph 33, the following paragraph 5 is inserted after paragraph 4:
"(5) The payer of a salary or other income shall, at his written request, communicate to the executor the details of the salary or other income paid by him, the deductions made on the salary or on any other income or data relating to the employment relationship of the debtor, claim or right of the debtor on the basis of which the debtor receives the salary or other income. ';
Paragraphs 5 to 9 shall be renumbered paragraphs 6 to 10.
27. in Paragraph 34 (1), "9" is replaced by "10."
28. In Paragraph 34, the sentence "The first and second sentences shall not apply at the end of paragraph 3 if the synergies of the wage or other income paid by the monetary institution or the deductions made from that income are concerned. '
29. In Paragraph 34, the following paragraph 4 is inserted after paragraph 3:
"(4) The executor shall request the payer of the salary on a form the details of which and the model of which are laid down in the implementing legislation, on the communication of the data referred to in Article 33 (5), or, where appropriate, on the communication of other information needed to conduct the execution, the need for which it shall justify in the application. The salary payer shall provide the executor with the required information on a form the formalities and model of which shall be laid down in the implementing legislation and which shall form part of the first sentence. If the executor delivers the application via the public data network to the data box, he shall ask the payer for the data referred to in Article 33 (5) and the electronic data file. The wage payer, whose total annual net turnover under the Accounting Act for the last financial year preceding the request for synergies was at least CZK 100 000 000, or if he employs at least 50 employees in employment (hereinafter referred to as the" qualified wage payer "), shall provide the data referred to in Section 33 (5) by electronic data set. A qualified wage payer shall not be obliged to provide the executor with the data referred to in Article 33 (5) unless the request for such data is submitted electronically by a data file using the first sentence or if the data file has a set format or structure. The Ministry shall determine by decree the format and structure of the data file. '.
Paragraphs 4 and 5 shall become paragraphs 5 and 6.
30. In Paragraph 34, the following paragraph 7 is added:
"(7) If the purpose of the execution does not prevent it, the executor shall use in the execution proceedings the data provided to him in the context of cooperation in other execution proceedings against the same debtor. ';
31. in Article 35 (2), the words', hour and minute 'shall be inserted after the word' day '.
32. In Article 35, paragraph 6 is added:
"(6) An application for a declaration of enforceability or recognition may be submitted at the same time as the execution proposal. The proceedings shall be initiated on the date on which the application for a declaration of enforceability or recognition was granted to the executor. Save as otherwise provided, the decision on the application for a declaration of enforceability or recognition shall be the subject of an enforcement court. ';
33. In Article 35a, the following sentence is added at the end of paragraph 3: "The Ministry is entitled to use data from the register initiated by the execution to exercise its jurisdiction. The Executive Director shall be provided by the Ministry with details of the execution activities carried out or carried out by him and the data referred to in Article 35b (1) (l) and (m) concerning the execution activities carried out or carried out by another Executive Director. ';
34. in Article 35a (4), "(i)" is replaced by "(n)."
35. in Article 35b (1) (c), the word "executor" shall be inserted after the word "mark."
36. in Article 35b (1), the following point (d) is inserted after point (c):
"(d) the designation of the execution court and the file number of the execution court,"
Points (d) to (i) shall be renumbered as points (e) to (j).
37. in Article 35b (1) (i), "and (b)" shall be replaced by "to (c)";
38. in Article 35b (1), the following points (j) to (m) are inserted after point (i):
"(j) an indication of the amount of the advance on the costs of the execution or the advance on the further execution or exemption from the deposit on the further execution,
(k) the date of deposit of the advance on the costs of the execution or the advance on the further execution,
(l) an indication that the debtor is subject to execution by the sale of movable property, if not execution pursuant to Paragraph 67 (2), and the date on which the movable property is drawn up,
(m) an indication of the termination of execution by the sale of movable property referred to in (l) or that the execution is conducted after the suspension of execution pursuant to Article 54 (9), ';
Point (j) shall be renumbered (n).
39. in Article 35b (1) (n), the word "execution" shall be replaced by "execution proceedings."
40. in Article 35b (2), "(b), (h) and (i)" shall be replaced by "(b), (d), (i) to (n)."
41.In Article 35b, the following paragraph 3 is added:
"(3) The data referred to in paragraph 1 (l) shall be entered by the executor without undue delay after writing the movable item, the information referred to in paragraph 1 (m) shall be entered by the executor within 3 days of the end of the execution by the sale of movable items or after the suspension of the execution pursuant to Paragraph 54 (9) has ended."
42. Paragraph 37 (2) reads as follows:
"(2) The creditor may make an enforcement proposal under this law if the debtor voluntarily fails to comply with what the enforceable title is required under this law. '
43. In Paragraph 37, the following paragraphs 3 and 4 are inserted after paragraph 2:
"(3) Authorised person may not submit an execution proposal if the execution title is:
(a) a decision on the care of minors, unless otherwise provided for in paragraph 4 (a);
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Regulation Information
| Citation | Act No. 286 / 2021 Coll., amending Act No. 99 / 1963 Coll., Civil Code, as amended, Act No. 120 / 2001 Coll., on Judicial Executives and Enforcement Activities (Enforcement Order) and amending other laws, as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.07.2021 |
|---|---|
| Effective from | 01.01.2022 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Civil law
Civil law of procedure
Public Contracts 5
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