Act No. 293 / 2013 Coll.
Act amending Act No. 99 / 1963 Coll., Civil Code, as amended, and some other laws
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Effective from 01.01.2014
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01.01.2014
27.09.2013
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293
THE LAW
of 12 September 2013
amending Act No. 99 / 1963 Coll., the Civil Code, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Civil Code
Act No. 1 / 2006, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 6, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 6, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 6, Act No. 5, Act No. 6, Act No. 6, Act No. 5, Act No. 6, Act No. 5, Act No. 6 / 2000, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 2000, Act No. 5, Act No. 5, Act No. 5, Act No. 2000, Act No. 2000, No 2006, No 2006, Act No. 2006, No 1999, Act No. 2000, No No.
1. In Paragraph 1, the word "private 'is inserted after the word" protection' and the word "preservation 'is replaced by" compliance with contracts and'.
2. In Section 2, the words "natural and legal persons' and" at the expense of such persons' are deleted.
3. In Article 3, the words "lawfulness and serve its consolidation and development 'are replaced by the words" justice and justice, the consolidation and development of the principles of private law'; the words "having the right to seek 'are replaced by the words" may seek'; the word "private 'is inserted after the word" protection'.
4.
In the proceedings, the Court of First Instance shall proceed predictably and in cooperation with the parties to the proceedings in such a way as to ensure that the protection of rights is swift and effective and that the facts at issue between the parties are established reliably, depending on their degree of participation. The provisions of this law must be interpreted and applied in such a way as not to abuse them. '
5. In Article 7 (1), the words "from civil, occupational, family and commercial relations' are replaced by the words" from private law '.
6. Article 8 shall be deleted;
7. Paragraph 9 (2) reads as follows:
"(2) Regional courts shall rule as first instance courts
(a) disputes concerning the mutual settlement of the payment of the excess payment per pension benefit, sickness insurance, state social assistance and assistance in material distress, and disputes concerning the mutual settlement of the regression compensation paid as a result of entitlement to the sickness benefit;
(b) disputes concerning the illegality of strikes or exclusions;
(c) disputes concerning a foreign State or persons enjoying diplomatic immunity and privileges, where such disputes fall within the jurisdiction of the courts of the Czech Republic;
(d) disputes concerning the revocation of an arbitrator's decision on the performance of collective agreement obligations;
(e) in matters arising from legal relationships relating to the establishment of commercial corporations, institutes, foundations and foundations, and in disputes between commercial corporations, their members or members, as well as between members or members, where they result from participation in a commercial corporation;
(f) disputes between trade corporations, their members or members and members of their bodies or liquidators, in the case of relations relating to the exercise of the duties of members of the institutions or of liquidation;
(g) disputes arising from intellectual property law;
(h) disputes concerning the protection of rights infringed or threatened by unfair competitive conduct or unlawful restriction of competition;
(i) in matters of the protection of the name and reputation of a legal person;
(j) financial collateral and notes, cheques and investment instruments disputes;
(k) disputes arising from commodity exchange transactions;
(l) in respect of the proceedings of the assembly of owners' associations and disputes arising therefrom,
(m) in respect of the conversion of companies and cooperatives, including all refund procedures under specific legislation;
(n) disputes arising from the purchase of a plant or part thereof,
(o) disputes arising from works contracts which are excessive public contracts, including supplies necessary for the implementation of such contracts. "
8. in Article 9, paragraphs 3 and 4, including footnotes 1b, 39, 40 to 53, 53a and 53b are deleted;
Paragraph 5 shall become paragraph 3.
9. Article 17a is deleted.
10. In Paragraph 19, the words "eligibility to have rights and obligations' are replaced by the words" legal personality '.
11. in Paragraph 20 (1), the word "legally" shall be inserted after the word "separately" and the words "has the capacity to acquire rights and to assume obligations" shall be replaced by the words "is arbitrary."
12. in Article 21 (1) (a):
'(a) a member of the statutory authority; where the statutory authority consists of more than one person, the chairman of the statutory authority or, where appropriate, its member, who has been entrusted with it, shall act as a legal person; where the chairman or the authorised member is a legal person, there shall always be a natural person empowered or otherwise authorised by that legal person; or';
13. in Article 21 (1) (c):
"(c) the head of its fissile plant, where relevant, or ';
14. footnote 55 is deleted, including the footnote reference.
15. in Paragraph 22, the words "or guardian" shall be inserted after the word "representative."
16. In Article 23, the words "not having full legal capacity 'are replaced by the words" not fully arbitrary' and the words "or guardian 'are inserted after the word" representative'.
17. in Article 26 (1), the word "business" shall be replaced by "business relationships."
18. In Article 26 (2), the words "in matters of childcare," shall be deleted.
19. in Paragraph 26 (5), the words "applicant (s)" shall be replaced by the words "applicant" and the words "the same shall apply in the procedure for the release of a stranger from detention" shall be replaced by the words "the legal person shall be treated as a legal person by an authorised staff member or a member of a university legal education which is required under specific legislation for the performance of the lawyer."
20. footnote 57c is deleted, including the footnote references.
21. in Article 27 (1), the words "having full legal capacity" shall be replaced by the words "being fully competent."
22. In Paragraph 29 (4), the first and second sentences are replaced by the following: "The guardian referred to in paragraphs 1 to 3 shall, as a general rule, be appointed by the court to a close person or, where appropriate, by another appropriate person, unless specific reasons prevent it. A lawyer can only be appointed guardian if someone else cannot be appointed guardian. A person other than a lawyer may be appointed guardian only if he agrees. '
23. The following Paragraph 29a is inserted after Paragraph 29:
The court shall, with its consent, appoint a guardian as a guardian designated in the provisional declaration to a participant who has obtained a preliminary declaration in anticipation of his own incapacity to act. '
24. § 35 reads:
(1) In the cases provided for by law, the public prosecutor or, where appropriate, the public prosecutor may make an application to initiate proceedings or to enter civil proceedings.
(2) In such proceedings, the Prosecutor-General or the Prosecutor-General shall be entitled to all acts which may be carried out by a party to proceedings, unless they are acts which only a party to the proceedings may perform. ';
footnote 57a is deleted.
25. in § 35a (2), § 206 (2), § 244 (2) and § 250f (c), the word "relationship" is replaced by "ratio."
Article 26 (38) shall be deleted;
27. in Paragraph 40 (2), the word "or" shall be added at the end of point (a).
28. in Paragraph 40 (2), points (b) to (e) are deleted;
Point (f) is renumbered as point (b).
29. in Article 40 (4), the words "the Commissioner of the Court" shall be deleted;
30. In the second sentence of Paragraph 40 (7), the words, "the agreement on the education and nutrition of a minor child, the agreement on contact with a minor child, the agreement on the settlement of the inheritance, the agreement on the transfer of overindebted inheritance to the payment of debts' and the words" parents, participants in the agreement on contact with a minor child, participants in the succession proceedings' are deleted.
31. in Paragraph 41 (3):
"(3) The substantive conduct of the party against the court shall also be effective against the other parties, but only as soon as they have become aware of it in the proceedings; This also applies if a written form is prescribed for the validity of substantive proceedings. Paragraph 40 (3) shall apply mutatis mutandis. ';
32. in Article 41a (2), the words "or proof of time" shall be inserted after the words "conditions."
33. In Article 41b, the words, "the agreement on the education and nutrition of a minor child, the agreement on contact with a minor child, the agreement on the settlement of the inheritance, the agreement on the transfer of overindebted inheritance to the payment of debts" and the words "parents, participants in the agreement on contact with a minor child, participants in the agreements on succession" shall be deleted.
Article 34 (42) reads:
(1) Administration may be made in writing. Written submissions shall be made in paper or electronic form by means of a public data network or by fax.
(2) A written submission containing an application made by telefax or electronic means shall be completed within 3 days at the latest by the submission of the original or, where appropriate, by the written submission of the same text. Such submissions, if not completed within the prescribed time limit, shall not be taken into account by the court. Where the President of the Chamber so provides, the party must submit to the court the original (written submission of the same text) and other submissions made by fax.
(3) In the case of electronic submissions signed by a recognised electronic signature or by electronic submissions pursuant to a specific legislature58a), no addition of the submission shall be required by submitting the original referred to in paragraph 2.
(4) If the law does not require further formalities for the submission of a particular kind, it shall be apparent from the submission to which court, who makes them, what matters and what follows and shall be signed and dated. The signature and dating obligation shall not apply to submission in electronic form under special legislation58a). Where a party is represented by a lawyer, the signature of the lawyer may be replaced by the stamp of signature, the specimen of which has been deposited in the court to which the application is addressed. Submission in paper form shall be made with the necessary number of copies and annexes in such a way that one copy remains in court and that each party receives one copy if necessary. Administration in other forms shall be made with only one copy. All its annexes in electronic form may also be attached to a submission made electronically. ';
35. in Paragraph 46b (b), the words "place of business" are replaced by the words "seat."
36. in Paragraph 46b (b), the word "undertaking" shall be replaced by the words "business establishment (" establishment ")."
37. in Article 46c (3), the words "(Article 273b)" shall be deleted;
38. in § 50b (4) (c), "§ 187 (1), § 191b (3) and § 192 (1)" shall be deleted;
(39) In Paragraph 50d, paragraphs 2 and 3, including footnote 33c, including the footnote references, are deleted.
Paragraphs 4 and 5 shall be renumbered paragraphs 2 and 3.
40. Footnote 58f reads:
"58f) Act No. 91 / 2012 Coll., on Private International Law. '.
41. footnote 62 is deleted, including the footnote reference.
(42) Paragraph 73 shall be deleted, including the title.
43.In Paragraph 74 (2), the second sentence is deleted.
44. Paragraph 74 (4) and (5) are deleted.
45. in Paragraph 75 (1):
"(1) The provisional measures shall be ordered by the President of the Chamber on a proposal. '.
46. In Article 75 (2), the words "resulting from business relations' are replaced by the words" relating to business relationships'.
47. in Paragraph 75, paragraphs 3 and 4 are deleted;
Paragraph 5 shall become paragraph 3.
48. Paragraph 75a (2) is deleted and paragraph 1 is deleted.
49. in Paragraph 75b (1), the words "in commercial matters" shall be replaced by the words "in matters relating to business relations between entrepreneurs."
50. in Article 75b (3), points (a) and (b) are deleted;
Points (c) to (g) shall be renumbered as points (a) to (e).
51. in Article 75b (3) (c), the word "damage" is replaced by the word "injury."
52. Paragraph 75c (1) and (2) read:
"(1) If the President of the Chamber has not acted in accordance with Paragraph 75a or Paragraph 75b (2), he shall order interim measures by order if it is demonstrated that the circumstances of the participants need to be corrected or that there is a concern that the enforcement of the judgment would be jeopardised and that at least the facts which are relevant to the imposition of the provisional measure are verified.
(2) The President of the Chamber shall decide without delay on the application for interim measures. If there is no danger of delay, the President of the Chamber may decide on the application for interim measures until 7 days after it has been lodged. '
53.In Paragraph 75c (3), the part of the sentence after the semicolon, including the semicolon, is deleted.
54. in Paragraph 76 (1), point (b) is deleted;
Points (c) to (f) shall be renumbered (b) to (e).
55. in Paragraph 76 (3), the part of the sentence after the semicolon, including the semicolon, is deleted;
56. § 76a and 76b are deleted, including footnote 33b.
57. in Article 76c (1), the sentences of the second and third paragraphs are deleted;
58. in Paragraph 76c (3), the words "certain immovable property" shall be replaced by the words "certain immovable property" and the words "property" shall be replaced by "immovable property."
59. § 76d reads:
The order ordering the interim measure is enforceable by a declaration. If it has not been made public, it shall be enforceable once it has been delivered to the person to whom it imposes the obligation. '
60. in Paragraph 76e, paragraph 2 is deleted;
Paragraph 3 shall become paragraph 2.
61. in Paragraph 76f (1), the words "the action taken" shall be replaced by the words "the action taken" and the word "invalid" shall be replaced by "invalid."
62. In Paragraph 76f, at the end of paragraph 1, the sentence "The Court of First Instance shall take its own motion into account."
63. in Paragraph 76f (2), the word "real estate" is replaced by "real estate," the word "real estate" is replaced by "real estate," and the word "business" is replaced by "conduct."
64. In Paragraph 77 (2), the part of the sentence first after the semicolon, including the semicolon, is deleted.
65.Paragraph 5 of Paragraph 77a is deleted.
66. Paragraph 79 (1) reads:
"(1) The proceedings shall be initiated on a proposal. In addition to the general requirements (Paragraph 42 (4)), the application must contain the name, surname, residence of the participants, or, where applicable, the natural or identification numbers of the participants (the company or the name and registered office of the legal person, the identification number, the State designation and the relevant organisational body of the State which is present before the court), and, where applicable, their representatives, a statement of the relevant facts, an indication of the evidence relied on by the applicant and must be made clear of what the applicant seeks. In cases where a trust administrator is a party to proceedings, the proposal shall also include a designation that it is a trust administrator and a designation of the trust fund. This proposal, if it concerns bilateral legal situations between the applicant and the defendant (Paragraph 90), is called an action. '
67. in Paragraph 79 (2), the word "form" is replaced by the word "form."
68. Paragraph 79 (4), including footnote 62a, is deleted.
Rule 69 (80) reads:
Whether or not there is a legal relationship or a law may be relied upon only if there is an urgent legal interest. '
70. Article 81 shall be deleted;
71. in Paragraph 82 (1), the words "or when an order was given according to which proceedings are opened without a motion" shall be deleted.
72.Paragraph 83 (2) (c) shall be deleted;
Points (d) and (e) shall be renumbered (c) and (d).
(73) footnotes 62b and 62c are deleted, including the footnotes.
74. Paragraph 85 (2) reads as follows:
"(2) The general court of a natural person who is an entrepreneur shall be the district court in whose territory he has his seat in business matters; where it has no registered office, its general court shall be determined in accordance with paragraph 1. ';
75. footnote 59 is deleted, including the footnote reference.
76. In Paragraph 86 (3), "undertaking 'is replaced by" establishment' and "undertaking 'is replaced by" establishment'.
77.In Paragraph 87 (1) (b), the word "damage" is replaced by "injury."
78. In Paragraph 87 (1) (c), the word "undertaking 'is replaced by" establishment'.
79. Paragraph 87 (2), including footnote 62f, is deleted and the designation of paragraph 1 is deleted.
Paragraph 88 reads:
Instead of a general court or, where appropriate, a court referred to in § 85a, the court is competent to bring proceedings,
(a) who has decided on a divorce if the spouses are to be settled after the divorce of the parties to their joint assets or other assets or the cancellation of the joint lease of the flat;
(b) in whose territory the immovable property is situated, in so far as the management of the right to it is not subject to jurisdiction under (a);
(c) in respect of whom proceedings concerning the estate are pending, if the decision is taken in connection with the proceedings concerning the estate;
(d) in respect of which a storage procedure is under way, if the decision is that the person who resisted the issue of the subject of the storage of the applicant must agree with him;
(e) where enforcement of the decision is carried out where the case is excluded from the enforcement of the decision or the decision on authenticity, the amount, group or order of claims entered on the schedule;
(f) within the territory of which the unit of organisation of the railway undertaking is situated, in so far as the dispute concerns the defendant of that unit,
(g) in respect of which proceedings are pending if the action is brought pursuant to Paragraph 91a;
(h) in whose district the auction has been carried out, if the public auction is concerned under the Public Auction Act;
(i) which is the general court of the applicant, if it is for the protection of the possession of the right to the case, if the case is not real. ';
footnote 62e is deleted.
(81) In Paragraph 89a, the words "in business matters" are replaced by the words "in matters relating to business relationships between entrepreneurs."
82. In Paragraph 93 (1), the words "in the absence of divorce proceedings, nullity of marriage or determination of whether or not marriage is there 'are deleted.
Article 83 (94) shall be deleted;
84. In Article 96 (4), the words "or where the application for divorce, invalidity of marriage or determination is withdrawn, or where there is no marriage or the application for annulment, invalidity or absence of partnership 'are deleted.
85. Paragraph 100 (2) is deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
86. In the last sentence of Article 100 (2), the words "pursuant to Article 76b 'are replaced by the words" in matters of protection against domestic violence'.
87. Paragraph 102 (3) reads as follows:
"(3) In cases relating to the Board, it shall order interim measures or provide proof to the Board; The President of the Chamber may do so only if there is a risk of delay. Paragraphs 75, 75a, 75b, 75c, 76, 76c, 76d, 76e, 76f, 76g, 77 (1) (b) to (d), 77 (2), 77a and 78 (3) shall apply mutatis mutandis. ';
88. In the first sentence of Paragraph 106 (1), the words "or the arbitration panel of the Association 'shall be inserted after the words" or the arbitration panel of the Association' and the words "or that they do not insist on hearing a case before the arbitration panel of the Association 'shall be inserted after the words" or that they do not insist on hearing a case before the arbitration panel of the Association'.
89. In Article 106 (2), the words "or the arbitration panel of the Association 'shall be inserted after the word" arbitrators'.
90. In Article 107 (2), the words "its heirs or those of them who have taken over the right or obligation under the outcome of the succession proceedings' shall be replaced by the words" those who have entered the law or obligation '.
91. in Article 107 (5), the second sentence is deleted;
92. In Article 107a (1), the words "or he who has taken over the exercise of his right to property in the proceedings shall be inserted after the words" the acquirer of the right or obligation. "
93. Article 108 shall be deleted;
94. In Paragraph 109 (2) (c), the words "not applicable in the procedure for authorisation of registration in the Commercial Register" shall be deleted.
95.In Paragraph 110, the second sentence is deleted.
96.In Paragraph 111 (3), the words "With the exception of divorce proceedings, the court may" shall be replaced by the words "the court may."
97. Article 113 shall be deleted;
98. Paragraph 113a is deleted.
99. In Article 114b (1), the words "and in the cases referred to in Article 120 (2)" shall be deleted.
10. in Articles 114c (3) (d), 137 (1) and 140 (4), "100 (3)" is replaced by "100 (2)."
101. In Article 114c (5) and (7), the words "except for the matters referred to in Article 120 (2)," shall be deleted.
102. In Article 114c (6), the words "and the matters referred to in Article 120 (2) 'are deleted.
103. In Paragraph 115a, part of the sentence behind the semicolon, including the semicolon, is deleted.
104. In Paragraph 116 (1), the words "except for acts carried out by notaries as judicial Commissioners' are deleted.
105. The following Section 116a is inserted after Section 116:
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Regulation Information
| Citation | Act No. 293 / 2013 Coll., amending Act No. 99 / 1963 Coll., Civil Code, as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.09.2013 |
|---|---|
| Effective from | 01.01.2014 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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