What is Act No. 292 / 2013 Coll.?

Act No. 292 / 2013 Coll., on Special Proceedings — Law on special court proceedings.

When it became Act No. 292 / 2013 Coll. effectiveness?

Act No. 292 / 2013 Coll. became effective 01.01.2014.

Is Act No. 292 / 2013 Coll. still valid?

Yes, Act No. 292 / 2013 Coll. is still valid and effective.

How many times was it Act No. 292 / 2013 Coll. amended?

Act No. 292 / 2013 Coll. has 24 time versions of the text.

Act No. 292 / 2013 Coll.

Law on special court proceedings

Valid Law Effective from 01.01.2014

Text versions: 01.01.2028 01.01.2027 01.01.2026 21.08.2025 01.07.2025 All versions (23)

ČÁST PRVNÍ § 1 § 2 § 3 § 4 § 5 § 6 § 7 § 8 § 8a § 9 § 10 § 11 § 12 § 13 § 14 § 15 § 16 § 17 § 18 § 19 § 20 § 21 § 22 § 22a § 23 § 24 § 25 § 26 § 27 § 27a § 28 § 29 § 30 ČÁST DRUHÁ HLAVA I Díl 1 Oddíl 1 § 31 § 32 § 33 Oddíl 2 § 34 § 35 § 36 § 37 § 38 § 39 § 40 § 41 § 42 § 43 Oddíl 3 § 44 § 45 § 46 § 47 § 47a § 48 § 49 Díl 2 Oddíl 1 § 50 § 51 § 52 § 53 Oddíl 2 § 54 § 55 § 56 § 57 § 58 Oddíl 3 § 59 § 60 § 61 § 62 § 63 § 64 Díl 3 § 65 Díl 4 Oddíl 1 § 66 § 67 § 68 § 69 § 70 § 71 § 72 § 73 § 74 Oddíl 2 § 75 § 76 § 77 § 78 § 79 § 80 § 81 § 82 § 83 Oddíl 3 § 84 § 84a § 84b HLAVA II Díl 1 § 85 § 86 § 88 § 89 § 90 § 91 § 92 Díl 2 § 94 § 95 § 96 § 97 HLAVA III Díl 1 Oddíl 1 § 98 § 99 Oddíl 2 § 100 § 101 § 102 § 103 § 104 § 105 § 106 Oddíl 3 § 107 § 108 § 109 Oddíl 4 Pododdíl 1 § 110 § 111 § 112 § 113 § 114 § 115 § 116 Pododdíl 2 § 117 Pododdíl 3 § 118 § 119 § 120 Pododdíl 4 § 121 § 122 Oddíl 5 § 123 § 124 § 125 § 126 Oddíl 6 § 127 § 128 Oddíl 7 Pododdíl 1 § 129 § 130 § 131 § 132 Pododdíl 2 § 133 § 134 Pododdíl 3 § 135 Pododdíl 4 § 136 Díl 2 Oddíl 1 § 137 § 138 Oddíl 2 § 139 § 140 § 141 § 142 § 143 § 144 § 145 § 146 § 147 § 148 § 149 § 150 § 151 § 152 Oddíl 3 § 153 § 154 § 155 Oddíl 4 § 156 § 157 § 158 § 159 § 160 § 161 Oddíl 5 § 162 § 163 Oddíl 6 § 164 § 165 § 166 § 167 § 168 § 169 § 170 Oddíl 7 § 171 § 172 § 173 § 174 § 175 § 176 § 177 § 178 § 179 Oddíl 8 § 180 § 181 Oddíl 9 § 182 § 183 Oddíl 10 § 184 § 185 § 186 § 187 § 188 § 189 § 190 § 191 Oddíl 11 § 192 § 193 Díl 3 § 194 Díl 4 Oddíl 1 § 195 § 196 § 197 § 198 § 199 § 200 § 201 § 202 Oddíl 2 Pododdíl 1 § 203 § 204 § 205 Pododdíl 2 § 206 § 207 § 208 Pododdíl 3 § 209 § 210 § 211 Oddíl 3 Pododdíl 1 § 212 Pododdíl 2 § 213 § 214 § 215 § 216 § 217 Pododdíl 3 § 218 § 219 § 220 § 221 § 222 § 223 Pododdíl 4 § 224 § 225 Pododdíl 5 § 226 § 227 § 228 § 229 § 230 Pododdíl 6 § 231 § 232 § 233 § 234 § 235 § 236 § 237 Oddíl 4 Pododdíl 1 § 238 § 239 Pododdíl 2 § 240 § 241 § 242 § 243 § 244 § 245 § 246 § 247 § 248 § 249 Pododdíl 3 § 250 § 251 § 252 § 253 § 254 § 255 § 256 § 257 § 258 § 259 § 260 § 261 § 262 § 263 § 264 § 265 § 266 § 267 Pododdíl 4 § 268 Oddíl 5 § 269 § 270 § 271 § 272 § 273 § 274 § 275 § 276 § 277 Oddíl 6 § 278 § 279 Oddíl 7 § 280 Díl 5 Oddíl 1 § 281 § 282 Oddíl 2 § 283 § 284 § 285 Oddíl 3 § 286 § 287 § 288 Díl 6 § 288a HLAVA IV Díl 1 § 289 § 290 § 291 § 292 § 293 § 294 § 295 § 296 § 297 § 298 § 299 § 300 § 301 § 302 Díl 2 § 303 § 304 § 305 § 306 § 307 § 308 § 309 § 310 § 311 § 312 § 313 § 314 § 315 Díl 3 § 316 § 317 § 318 § 319 § 320 § 321 § 322 Díl 4 § 323 § 324 § 325 § 326 § 327 § 328 § 329 § 330 § 331 Díl 5 § 332 § 333 § 334 § 335 § 336 § 337 § 338 § 339 § 340 § 341 Díl 6 § 342 § 343 § 344 § 345 § 346 § 347 § 348 Díl 7 § 349 § 350 § 351 § 352 § 353 Díl 8 § 353a § 354 § 355 § 356 § 357 § 358 Díl 9 § 359 § 360 § 361 § 362 § 363 § 364 § 365 § 366 HLAVA V Díl 1 Oddíl 1 Pododdíl 1 § 367 § 368 § 369 § 370 Pododdíl 2 § 371 § 372 § 373 § 374 § 375 § 376 § 377 § 378 § 379 § 380 § 381 § 382 § 383 § 384 § 385 § 386 § 387 § 388 § 389 § 390 § 391 § 392 § 393 § 394 § 395 § 396 § 397 § 398 § 398a Pododdíl 3 § 399 Oddíl 2 Pododdíl 1 § 400 § 401 § 402 § 403 § 404 § 405 § 406 § 407 § 408 § 409 Pododdíl 2 § 410 § 411 § 412 § 413 § 414 Oddíl 3 Pododdíl 1 § 415 § 416 Pododdíl 2 § 417 § 418 § 419 § 420 § 421 § 423 § 424 § 425 § 425a Pododdíl 3 § 426 Oddíl 4 Pododdíl 1 § 427 § 428 § 429 § 430 § 431 § 432 § 433 § 434 § 435 § 436 § 437 § 438 § 439 § 440 § 441 § 442 § 444 Pododdíl 2 § 445 § 446 § 447 § 448 § 449 § 450 § 451 Oddíl 5 Pododdíl 1 § 452 § 453 § 454 § 455 § 456 § 457 § 458 § 459 § 460 § 461 § 462 § 463 § 464 § 465 § 465a § 465b § 465c § 465d § 465e § 465f § 465g § 465h § 465i § 465j Pododdíl 2 § 466 § 467 § 468 § 468a § 468b § 468c § 469 § 470 § 471 § 472 § 472a § 473 § 473a § 474 § 475 § 476 § 477 Pododdíl 3 § 478 § 479 § 480 § 481 § 482 § 483 § 484 § 485 § 486 § 487 § 488 § 489 § 490 § 491 Díl 2 Oddíl 1 § 492 § 493 § 494 § 495 § 496 Oddíl 2 Pododdíl 1 § 497 § 498 § 499 Pododdíl 2 § 500 § 501 § 502 § 503 § 504 § 505 § 506 § 507 § 508 § 509 § 510 Oddíl 3 § 511 § 512 § 513 Oddíl 4 § 513a ČÁST TŘETÍ § 514 § 515 § 516 § 517 § 518

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292

THE LAW

of 12 September 2013

on specific court proceedings

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

GENERAL PART

§ 1

Preliminary provisions

(1) According to that law, the courts discuss and decide the legal matters laid down in that law.

(2) The general part of this law shall also apply to proceedings under Part One of Title Three of the Law on the Judicial Matters of Youth, proceedings under the law governing the registration of beneficial owners, proceedings under the law governing preventive restructuring, proceedings under the law governing international cooperation in the settlement of tax disputes in the European Union and proceedings under the law governing public registers of legal and natural persons, unless those laws provide otherwise.

(3) Save as otherwise provided in this law, the Civil Code shall apply.

(4) If the nature of the individual provisions does not result otherwise, the provisions of this law shall apply in addition to the Civil Code.

§ 2

Proceedings governed by this law

This law regulates the procedure

(a) support measures and matters of self-interest;

(b) in matters of disappearance and death,

(d) in matters of admissibility of take-over or possession in health and social services establishments;

(e) on certain matters relating to legal persons and trust funds;

(f) the estate,

(g) shelters;

(h) the depreciation of documents;

(i) capital market matters;

(j) prior consent to carry out an investigation into competition matters;

(k) to replace the consent of a representative of a self-governing chamber to familiarise themselves with the content of the documents;

(l) the performance of duties under the interim measures of the European Court of Human Rights,

(m) staff elections,

(n) the court sale of the pledge;

(o) prohibiting the exercise of rights relating to participating securities;

(p) matters of matrimonial and partnership;

(q) on protection against domestic violence,

(r) the identification and denial of parenthood;

(s) adoption matters,

(t) in matters relating to the custody of a minor,

(u) in certain matters of enforcement.

§ 3

Jurisdiction

(1) Regional courts shall be responsible for the proceedings at first instance, unless the law provides otherwise.

(2) The Regional Courts shall rule as first instance courts

(a) in the legal matters of legal persons, including their abolition and destruction, the appointment and withdrawal of members of their bodies, or the liquidator and the transformation thereof;

(b) exclusion under the Commercial Corporation Act;

1. review of the report on the relationship between the controlling person and the person controlled and between the controlled person and persons controlled by the same controlling person;

2. the determination of a reasonable share price in the compulsory redemption of the share of the controlling member;

3. the purposes of the transformations under the Act governing the conversion of companies and cooperatives and for the purposes of the valuation of the assets of the split association;

(d) in matters of the custody of legal persons,

(e) to provide additional compensation or compensation to more than one person on the basis of a judgment of the Court under the Commercial Corporations Act or the Transformation Act of Companies and Cooperatives (hereinafter referred to as the "compulsory custody");

(f) capital market matters,

(g) prior consent to carry out an investigation into competition matters;

h) on the replacement of the consent of the representative of the Czech Bar Chamber, the Notary Chamber of the Czech Republic, the Chamber of Auditors of the Czech Republic, the Executive Chamber of the Czech Republic or the Chamber of Tax Advisers to familiarise themselves with the content of the documents.

§ 4

Local jurisdiction

(1) The general court of the person in whose interest the proceedings are held shall be competent for the proceedings, unless otherwise provided for in this law.

(2) The general court of a minor who is not fully arbitrary (hereinafter referred to as "minor") is the court in whose jurisdiction the minor has his place of residence by agreement of the parents or by decision of the court or other relevant facts, if any.

§ 5

Delegation of competence

Where the circumstances under which jurisdiction is to be assessed change in proceedings concerning the care of minors, in matters of custody and in proceedings relating to jurisdiction, the competent court may delegate jurisdiction to another court, if it is in the interests of the minor, the guardian or the person whose jurisdiction is decided upon. If the court to which jurisdiction has been delegated does not agree with the delegation, it shall refer the matter to the decision if the question of delegation has not already been decided by the appeal court, to its superior court; the decision of that court shall also be bound by the court which delegated jurisdiction.

§ 6

Interested parties

(1) The applicant and the party whose rights or obligations are to be dealt with in the proceedings, which may also be initiated on its own motion, is a party.

(2) The party shall also be the applicant and he to whom the law designates the participant.

§ 7

Recruitment and termination of participation in proceedings

(1) If one of those whose rights or obligations are to be heard in the proceedings does not take part in the proceedings since its initiation, the court shall, as soon as it becomes aware of it, add it to the proceedings as a party. An appeal against such a resolution shall not be admissible.

(2) If a party to the proceedings is involved in the proceedings whose rights or obligations are not concerned, the court shall, by order, terminate its participation in the proceedings.

§ 8

Public prosecutor's authorization

(1) The Public Prosecutor may intervene in the proceedings initiated

(a) in adoption matters, to the part in which it is decided whether the consent of parents to be adopted is necessary;

(b) in matters relating to the care of a minor, where special measures are taken to raise a child, to raise a child in a constitutional capacity, to determine the date of birth or to suspend, restrict or waive parental responsibility or the performance of such a child;

(d) having jurisdiction;

(e) the declaration of death,

(f) determining the date of death;

(g) in matters relating to the admissibility of taking over or holding in a medical institution and in a social services establishment;

(h) the depreciation of documents;

(i) on certain matters relating to legal persons.

(2) In the cases referred to in paragraph 1 (b) to (e) and (g), the Prosecutor's Office may make an application to initiate proceedings.

(3) For the purposes of determining the conditions for the submission of an application by a court to declare the inadmissibility of possession in a social services establishment, the Prosecutor's Office shall be entitled to:

(a) enter social services facilities at any time;

(b) to consult documentation maintained by social services facilities;

(c) to speak to persons to whom social services are provided at social services facilities without other persons present;

(d) require the staff of the social service provider and other persons involved in the care of persons to whom social services are provided in the social services establishment to provide the necessary explanations.

§ 8a

Authorization of the Ombudsman of children

(1) The guardian of children's rights may intervene in the proceedings pending

(a) admitted to intervene in the integrity of the minor;

(b) protection against domestic violence;

(d) care of minors,

(e) the admissibility of taking over or holding in a health care institution;

(f) a declaration of inadmissibility of holdings in social services facilities; and

(g) adoption.

(2) In the cases referred to in paragraph 1 (e) and (f), the Ombudsman of the child's rights may make an application for the initiation of proceedings in cases where this right attests to the child.

§ 9

A friendly solution

The Court leads the parties to find a friendly solution. To this end, it shall inform them of the possibilities of mediation under the Mediation Act.

§ 10

Agreement on the subject-matter

(1) Where an agreement is concluded between the parties on the subject-matter of the proceedings, the court shall draw up a record of such action. Until the protocol is signed by all parties, the court shall disregard the agreement.

(2) If the agreement referred to in paragraph 1 is approved in the form of a resolution and the parties have waived the right of appeal, the resolution need not contain a justification.

§ 11

Service

If, according to the contents of the file, it is clear that the party or his representative has not been acquainted with the document for an excusable reason, the court shall decide whether the service of the document is inefficient, even on its own motion.

§ 12

Provisional measures

(1) If the procedure is also open of its own motion, provision may be made for interim measures of its own motion. That doesn't apply to estate proceedings.

(2) In the order on the order for interim measures, the court shall order the appellant to bring an action before the court within a time limit specified to it; that is not the case if the proceedings can be initiated on their own motion.

(3) The lodging of a security to ensure compensation for damage or other damage resulting from interim measures shall not be required if it is for an interim measure which may be ordered by the court on its own motion, in respect of protection against domestic violence or maintenance.

§ 13

Initiation

(1) The procedure shall also be initiated on its own motion, unless it is provided by law that proceedings may be initiated only on application. The Court of First Instance shall initiate proceedings without delay after hearing the facts relevant to the conduct of the proceedings under this Law.

(2) The Court of First Instance shall, of its own motion, issue an order which it shall deliver to the parties, unless otherwise provided for in the law. The proceedings shall begin on the date on which such a resolution was issued.

(3) No appeal shall be admissible against the order initiating the procedure.

§ 14

Initiation of an oral procedure

An oral application may be made to the Protocol for the initiation of proceedings and a proposal for a regulation for the enforcement of a decision only if it is a procedure which may be initiated by itself or if it is a procedure for authorisation to marry, a procedure for the protection of domestic violence, a procedure for the identification and denial of parenthood and a procedure for adoption.

§ 15

Ineffectiveness of withdrawal

If the appellant removes the application for the initiation of proceedings, the court may decide on the ineffectiveness of such withdrawal, provided that the conditions for initiating the proceedings are fulfilled, even on its own motion.

§ 16

Withdrawal of proceedings

If the reason for the proceedings is lost, the court shall also suspend the proceedings on its own motion.

§ 17

Exclusion of preparatory action

The court shall not hold preparatory proceedings.

§ 18

Other judicial year

(1) If the court considers it appropriate, it shall convene another judicial year to prepare and discuss the case and invite the parties thereto. In another judicial year, the court shall give the parties the opportunity to make their views known or to find their views otherwise appropriately. Evidence may be carried out in another judicial year only if it is expedient and the nature of the matter so permits.

(2) The President of the Chamber shall determine the manner, place and course of another judicial year by means of measures. Any other judicial year may take place outside the judicial building or outside the usual official time of the court. The President of the Chamber may exclude the public from another judicial year.

§ 19

Negotiations

The court shall order the substance of the case, unless that law provides that the hearing is not to be ordered.

§ 20

Procedure

(1) The Court of First Instance must establish all the facts relevant to the decision. It is not limited to the facts listed by the participants.

(2) The participant may state the relevant facts and indicate the evidence until the decision is given or published. This shall be without prejudice to the right of the party to state new facts and evidence in the appeal proceedings.

(3) It may not be considered that, by failing to submit a hearing or failing to submit written observations to the court, certain facts are considered to be established or that the party has recognised the claim; This shall not prevent the court from inviting a party to comment on a procedural proposal accompanied by a clause that, if it does not express itself within a certain period, it shall be deemed to accept the proposal.

(4) In proceedings involving a minor who is able to understand the situation, the court shall proceed in such a way that the minor receives the necessary information on the court proceedings and is informed of the possible consequences of compliance with his or her opinion and the consequences of the judicial decision. A similar obligation to a minor is also incumbent upon his legal representative or guardian.

§ 21

Evidence

The Court of First Instance shall carry out the evidence necessary to establish the facts other than those proposed by the parties.

§ 22

Interview of the participant

Interview of participants may be ordered whenever necessary to determine the facts. The consent of the participant shall not be required.

§ 22a

Copy from the Register of Penalties

A copy of the Register of Penalties shall be issued to the court at its request for legal proceedings in matters relating to the custody, adoption and custody of minors. A request for a copy from the Register of Penalties and a copy from the Register of Penalties shall be sent in electronic form in a way that allows remote access.

§ 23

Compensation of costs

If it was possible to initiate proceedings of its own motion and in proceedings in matrimonial and partner cases, none of the parties shall have the right to pay the costs in accordance with the outcome of the proceedings. Compensation for costs may be granted to the appellant who is the victim of domestic violence under the Civil Code against a participant who has committed domestic violence or, if the circumstances of the case so justify, to the appellant who is the victim of domestic violence under the Civil Code.

§ 24

Penalties

The Court of First Instance may order the costs to be paid in whole or in part to the party who made the application to initiate the procedure, even if they were arbitrary and manifestly unsuccessful in the application of the law.

§ 25

Decision

(1) The Court of First Instance shall act by order on the substance of the case, unless the law provides otherwise.

(2) A judgment for recognition, a judgment for default or a order for payment shall not be decided in the proceedings.

§ 26

Overstep of the proposal

The Court of First Instance may exceed the pleas of the parties and may charge something other than that which they seek if the proceedings could be initiated on their own motion.

§ 27

Obligations of the operative part

The operative part of the decision which has been decided on the status of a natural or legal person shall be binding on everyone.

§ 27a

The Court of First Instance may rule on the provisional enforceability of the judgment, in the operative part of the judgment, where otherwise the party concerned would be in danger of being in a situation of hard-to-replace or substantial harm and where the proceedings could be initiated on their own motion.

§ 28

Appeals

(1) New facts and evidence which have not been applied before the Court of First Instance may be indicated in the appeal proceedings. The new facts or evidence shall be taken into account by the appellate court even if they have not been applied.

(2) If the procedure could also be initiated on its own motion, the Court of Appeal is not bound by the limits in which the appellant seeks review of the decision.

(3) The decision may be reviewed even if no appeal or appeal has been made.

§ 29

Recovery and confusion

The court shall not be bound by the limits in which the party seeks review of the decision, if it has been possible to initiate proceedings of its own motion, in authorising the recovery or the annulment of the contested decision following an action for confusion.

§ 30

Occupation

(1) An application shall not be admissible against a decision under Title Five of Part Two of this Act unless it is a judgment on the limitation or waiver of parental responsibility, the suspension or limitation of the exercise of parental responsibility, the determination or denial of parenthood or the irrevocable adoption.

(2) The Court of First Instance is not bound by the scope of the pleas in law in cases in which the procedure may be initiated on its own motion.

ČÁST DRUHÁ

SPECIFIC PART

HLAVA I

PROCEDURE FOR CERTAIN QUESTIONS CONCERNING PHYSICAL PERSONS

Díl 1

Procedures for support measures and procedures in matters of self-legality

Oddíl 1

Procedure for certain support measures

§ 31

Subject matter

In the proceedings, the court shall in particular rule on:

(a) fulfilment of the condition in the advance declaration;

(b) the amendment or revocation of the provisional declaration;

(d) the appeal of the supporter,

(e) approval of representation by a member of the household.

§ 32

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Regulation Information

Citation	Act No. 292 / 2013 Coll., on Special Proceedings
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	27.09.2013
Effective from	01.01.2014
Effective until	-
Status	Valid

Legal Areas: Securities European law Finance Competition Civil law Civil law substantive Civil law of procedure Commercial law Judicial and Public Prosecutor's Office Administrative law Constitutional (state) law

The regulation text is for informational purposes only.