Act No. 291 / 2017 Coll.
Act amending Act No. 99 / 1963 Coll., Civil Code, as amended, Act No. 26 / 2000 Coll., on Public Auctions, as amended, and Act No. 182 / 2006 Coll., on Decrease and Methods of Solutions (Insolvency Act), as amended
Valid
Law
Effective from 01.12.2017
291
THE LAW
of 16 August 2017
amending Act No. 99 / 1963 Coll., Civil Code, as amended, Act No. 26 / 2000 Coll., on Public Auctions, as amended, and Act No. 182 / 2006 Coll., on Decrease and Methods of Solutions (Insolvency Act), as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Civil Code
Act No. 20 / 1975 Coll., Act No. 142 / 1996 Coll., Act No. 269 / 1991 Coll., Act No. 117 / 1995 Coll., Act No. 152 / 1994 Coll., Act No. 152 / 1994 Coll., Act No. 31 / 1994 Coll., Act No. 84 / 1995 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 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 / 2001 Coll., Act No. 31 / 2001 Coll., Act No. 51 / 2001 Coll., Act No. 51 / 2002 Coll., Act No. 51 / 2002 Coll., Act No. 31 / 2002 Coll.
1. In Paragraph 336b, at the end of paragraph 4, the dot is replaced by a comma and the following point (f) is added:
"(f) the person responsible for the administration of the house and the land (104), if it is for the sale of the unit in the house, that he may claim the satisfaction of the claim relating to the administration of the house and the land against the owner of the unit, if the claim has been lodged before the court in accordance with Part Three, and if he submits it before the opening of the auction procedure at the latest, and the application shall contain the particulars referred to in Article 336f (2) and (3), informing that applications in which the amount of the claim or its accessories will not be indicated shall be rejected by the court.
104) § 1190 of Act No. 89 / 2012 Coll., Civil Code. '.
2. In Paragraph 336f, at the end of paragraph 1, the sentence "The same right shall be exercised by the person responsible for the administration of the house and land (104) in respect of the claim relating to the administration of the house and the land in respect of the owner of the unit, provided that the claim has been brought before the court by an action pursuant to Part Three. '
3. In Article 336f (3), the words "the claim relating to the administration of the house and the land which has been lodged in a court by an action pursuant to Part Three," shall be inserted after the words "enforceable claim."
4. In Article 336f, the following paragraph 6 is added:
"(6) The person responsible for house and land management (104) shall submit to the court without undue delay a copy of the decision by which the proceedings for the payment of the claim relating to the administration of the house and the land entered in accordance with paragraph 1 have been terminated definitively, accompanied by a certificate of enforceability."
5. In § 336q, the following paragraph 5 is added:
"(5) If the claim relating to the administration of the house and the land against the owner of the unit is not enforceable when the order for a schedule order is issued, the decision on that claim and the amount of the claim shall be taken by the court responsible by way of a retroactive decision, if it accounts for at least part of the payment of the distributed substance; However, if, in a final procedure for the payment of that claim, the right to payment of that claim has not been granted, the court shall, in the order in the schedule, decide on it in such a way that the claim has ceased to exist to the extent applied for. If the court decides according to the first sentence, it shall not at the same time rule on the claim relating to the administration of the house and the land to the owner of the unit pursuant to Paragraph 337e (1) nor invite the other creditors in accordance with Paragraph 337e (2). '
6. In Article 337 (2), the words "and 5 'shall be inserted after the words" Paragraph 336q (2)'.
7. in Article 337c (1), the following point (b) is inserted after point (a):
"(b) claims relating to the management of the house and the property against the owner of the unit up to one tenth of the proceeds from the sale of the unit,"
Points (b) to (g) shall be renumbered (c) to (h).
8. In Article 337f (1), the words "or after the enforceability of the decision in the proceedings for payment of the claim relating to the administration of the house and the land against the owner of the unit 'shall be inserted after the words" Paragraph 267a (1)'.
9. In Paragraph 337f, the following paragraph 3 is added:
"(3) If the claim related to the administration of the house and the land against the owner of the unit has been denied, the schedule of the remainder of the distributed substance shall be treated mutatis mutandis in accordance with § 37e. '
Amendment of the bankruptcy law and the methods of its resolution (insolvency law)
Act No. 182 / 2006 Coll., on the bankruptcy and methods of its resolution (Insolvency Act), as amended by Act No. 312 / 2006 Coll., Act No. 108 / 2007 Coll., Act No. 296 / 2007 Coll., Act No. 188 / 2011 Coll., Act No. 301 / 2008 Coll., Act No. 458 / 2008 Coll., Act No. 7 / 2009 Coll., Act No. 69 / 2011 Coll., Act No. 139 / 2011 Coll., Act No. 176 / 2009 Coll., Act No. 217 / 2009 Coll., Act No. 260 / 2010 Coll., Act No. 409 / 2010 Coll., Act No. 69 / 2011 Coll., Act No. 241 / 2010 Coll., Act No. 241 No. 241.
1. In Article 298 (2), the words "and the amounts due to the satisfaction of the person referred to in paragraph 8" shall be inserted after the words "the remuneration of the insolvency administrator."
2. In Section 298, paragraph 8 is added, including footnote 72:
"(8) In the event that the unit is monetized in the house and the person responsible for the management of the house and the land (72), in insolvency proceedings, the claim relating to the management of the house and the land vis-à-vis the owner of the unit shall be satisfied with that claim on the proceeds of the liquidation of the unit prior to the satisfaction of the creditors' claims secured under paragraph 1, up to one tenth of the proceeds of the liquidation.
72) § 1190 of Act No. 89 / 2012 Coll., Civil Code. '.
EFFECTIVE
That law shall take effect on the first day of the third calendar month following its publication.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 291 / 2017 Coll., amending Act No. 99 / 1963 Coll., Civil Code, as amended, Act No. 26 / 2000 Coll., on Public Auctions, as amended, and Act No. 182 / 2006 Coll., on Decrease and Methods of Solutions (Insolvency Act), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.09.2017 |
|---|---|
| Effective from | 01.12.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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