Decree No. 291 / 2006 Coll.
Decree amending Decree No. 330 / 2001 Coll., Act No. 330 / 2001 Coll., on the Remuneration and Reimbursement of the Executioner, on the Remuneration and Reimbursement of Completed Expenses of the Company Administrator and on the Conditions of Liability Insurance for Damage Caused by the Executioner, as amended by Decree No. 233 / 2004 Coll.
Valid
Order
Effective from 01.08.2006
291
DECLARATION
of 2 June 2006
amending Decree No. 330 / 2001 of the Ministry of Justice Coll., on the remuneration and compensation of the court executor, on the remuneration and reimbursement of the expenses incurred by the trustee and on the conditions of liability insurance for damage caused by the executor, as amended by Decree No 233 / 2004 Coll.
According to § 131 (a) of Act No. 120 / 2001 Coll., on judicial executors and enforcement activities (execution order) and amending other laws, hereinafter referred to as "the Act":
Decree No. 330 / 2001 Coll., on the remuneration and compensation of the court executor, on the remuneration and reimbursement of the expenses incurred by the manager and on the conditions of liability insurance for damage caused by the executor, as amended by Decree No 233 / 2004 Coll., is amended as follows:
1. Paragraph 5 (1) reads as follows:
"(1) Save as otherwise provided, the basis for determining the remuneration for the execution of the execution order shall be the payment of the sum of the cash amount of the execution order. Any transaction which has been made after the court has given a judgment pursuant to Paragraph 44 (2) of the Act shall be deemed to have been recovered. '.
2. In Article 7, the words "the removal of which imposes an enforceable title 'are deleted.
3. Paragraph 8, including the title, reads:
Remuneration for execution by removal
Remuneration of the executor for execution by removing the item for each item or set of items shall be 15% of their value, but at least CZK 2,000. "
4. Paragraph 13, including the title and footnotes Nos 1 to 2a, reads:
Reimbursement of final expenditure
(1) The executor is entitled to reimbursement of the final expenses in a lump sum of CZK 3,500 in the context of the execution activity. Such reimbursement shall include, in particular, judicial and other fees, travel expenses, postal charges, payments to persons carrying out the carriage of consignments, telecommunications charges, expert opinions and professional observations, translations, copies, photocopies and reimbursement of the costs of entering or obtaining data from central information systems.
(2) If the amount of the final expenses of the executor effectively incurred in connection with the execution of the execution activity exceeds CZK 3,500, he shall be entitled to reimbursement in full instead of compensation under paragraph 1. These costs are the executor's duty to prove.
(3) The amount of reimbursement of travel expenses is governed by special legislation1).
(4) Reimbursement of costs incurred in expert assessments is governed by specific legislation2).
(5) The amount of remuneration for the provision of data from the Central Register of Executions and the amount of compensation under the Special Legislation (2a) is determined by the Executive Chamber of the Czech Republic.
1) Act No. 119 / 1992 Coll., on Travel Refunds, as amended by Act No. 44 / 1994 Coll., Act No. 125 / 1998 Coll., Act No. 36 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 220 / 2000 Coll., Act No. 309 / 2002 Coll. and Act No. 320 / 2002 Coll.
2) Act No. 36 / 1967 Coll., on Experts and Interpreters. Decree No. 37 / 1967 Coll., implementing the Act on Experts and Interpreters, as amended by Decree No. 11 / 1985 Coll., Decree No. 184 / 1990 Coll., Decree No. 77 / 1993 Coll. and Decree No. 432 / 2002 Coll.
2a) Decree No 331 / 2001 Coll., on the central record of execution, as amended by Decree No 130 / 2005 Coll. '
5. Paragraph 22a (1), including footnotes 4a and 4b, reads as follows:
"(1) In determining the amount and the manner in which the remuneration for the administration of a case or property which has been secured in criminal proceedings is to be determined, mutatis mutandis, under the specific legislature4a). The remuneration of the executor shall be based on the price of the item or property entrusted to him by the administration in accordance with the first sentence, established in accordance with special legislation4b).
4 a) § 22 to 23a of Decree No. 196 / 2001 Coll., on the remuneration and compensation of notaries and administrators of inheritance, as amended by Decree No. 403 / 2005 Coll.
4b) Act No. 151 / 1997 Coll., on the valuation of assets and on the amendment of certain laws (Law on the valuation of assets), as amended by Act No. 121 / 2000 Coll., Act No. 237 / 2004 Coll. and Act No. 257 / 2004 Coll. '
Transitional provisions
2. The remuneration for the administration of a case or property which has been secured in criminal proceedings shall be paid to the executor in accordance with Decree No. 330 / 2001 Coll., as amended by Decree No. 330 / 2004 Coll. and that Order, if it has been entrusted with the administration since 1 August 2006.
Efficacy
This Decree shall take effect on 1 August 2006.
Minister:
JUDr.
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Regulation Information
| Citation | Decree No. 291 / 2006 Coll., amending Decree No. 330 / 2001 of the Ministry of Justice Coll., on the Remuneration and Reimbursement of the Executioner, on the Remuneration and Reimbursement of Completed Expenditure of the Company Manager and on the Conditions for Liability Insurance for Damage Caused by the Executioner, as amended by Decree No. 233 / 2004 Coll. |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.06.2006 |
|---|---|
| Effective from | 01.08.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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