What is Act No. 296 / 2017 Coll.?

Act No. 296 / 2017 Coll., amending Act No. 99 / 1963 Coll., Civil Code, as amended, Act No. 292 / 2013 Coll., on Special Rules of Procedure, as amended, and certain other laws — Act amending Act No. 99 / 1963 Coll., Civil Code, as amended, Act No. 292 / 2013 Coll., on Special Rules of Procedure, as amended, and certain other laws.

When it became Act No. 296 / 2017 Coll. effectiveness?

Act No. 296 / 2017 Coll. became effective 30.09.2017.

Is Act No. 296 / 2017 Coll. still valid?

Yes, Act No. 296 / 2017 Coll. is still valid and effective.

How many times was it Act No. 296 / 2017 Coll. amended?

Act No. 296 / 2017 Coll. has 5 time versions of the text.

Act No. 296 / 2017 Coll. - Act amending Act No. 99 / 1963 Coll., Ci...

296

THE LAW

of 16 August 2017

amending Act No. 99 / 1963 Coll., the Civil Code, as amended, Act No. 292 / 2013 Coll., on Special Rules of Procedure, as amended, and certain other laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the Civil Code

Čl. I

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. Paragraph 9 (2) (j) reads as follows:

"(j) in financial collateral disputes and in disputes concerning investment instruments and securities or book-entry securities, even if they are not investment instruments;"

2. in Article 9 (2) (m) and (n):

"(m) disputes arising from the conversion of legal persons,

(n) disputes arising from the management of a commercial plant or parts thereof, ';

3. In Article 9, at the end of paragraph 2, the dot is replaced by a comma and the following points (p) to (r) are added:

"(p) in matters of legal liability in breach of the care of a proper operator,

(q) disputes arising from the adjustment of business groupings;

(r) disputes concerning the protection of creditors' claims in the event of a reduction in the capital of companies or of a reduction in the basic Member contribution of cooperatives. "

4. In Paragraph 39 (1), at the end of the first sentence, the words "or they shall be carried out by a court using a technical apparatus for the transmission of images and sound (hereinafter referred to as" videoconferencing equipment ") 'shall be added.

5. In Paragraph 51, at the end of paragraph 2, the sentence "If the proceedings are conducted using videoconferencing equipment, the summons shall be notified of the time and place at which they were called. ';

6. In the second sentence of Article 75b (1), the words "or that it is a reproposal for an interim measure which, for similar reasons, requires the same or similar interim arrangements for the same participants," shall be inserted after the word "measure." '

7. In Paragraph 85, the sentence "If it is not possible to establish the residence of a natural person, or if it is not possible to establish in the district of which the local court is staying, or if it is difficult to find out, the general court of the natural person shall be the district court in whose district the place of residence is registered in the population registration information system under the citizen registration law or, where appropriate, the place of other residence registered under other legislation. '

8. In Paragraph 96, the following paragraph 6 is added:

"(6) If the application to initiate proceedings was withdrawn only after the decision of the appellate court, or the Court of First Instance, had been annulled, the court shall decide that the withdrawal of the application is not effective if the reason for the withdrawal of the application was a fact which occurred at the time when the effects of the annulled decision lasted. '

9. The following Section 102a is inserted after Section 102:

„§ 102a

Use of videoconferencing equipment

(1) At the request of a participant or where appropriate, the court may, by means of videoconferencing equipment, arrange, in particular, for the presence of a participant or interpreter at the hearing or for questioning of a witness, expert or participant.

(2) The staff member of the court appointed by the President of the Chamber shall verify the identity of the person to whom the action relates. A person verifying identity at the place where the person to whom the action relates may, with the agreement of the President of the Chamber, be an employee of a court or prison or a detention centre, provided that he has been authorised to do so by the President of that court or the Director of the prison or detention centre. That person shall be present throughout the operation at the place where the person concerned is present.

(3) Before commencing an action carried out using a videoconferencing device, the President of the Chamber shall instruct the person concerned of the manner in which the action is carried out.

(4) At any time during an operation carried out using videoconferencing equipment, the participant or the person to whom the operation relates may object to the quality of visual or audio transmission.

(5) If videoconferencing equipment is used in the performance of the operation, audio and image recording shall always be made. If a record is issued at the same time, the person concerned shall not sign the record. ';

10. In Paragraph 122 (2), the words "using a technical apparatus for the transmission of images and sound 'are replaced by the words" using a videoconferencing device'.

11. in Article 202 (2), the words "by which the decision on the payment of cash not exceeding" shall be replaced by the words "given in the proceedings for which, at the time when the judgment was delivered, the payment of cash was not exceeding."

12. The following Section 220a is inserted after Section 220:

„§ 220a

(1) If the Court of Appeal rejects the appeal on the grounds that the order for interim measures under appeal has ceased to have effect, has ceased or has been annulled pursuant to Paragraph 77 (2), it shall at the same time determine that it has been unlawful if otherwise a reason for its annulment would be given.

(2) In determining whether the order under appeal was unlawful, the Court of Appeal shall rely on the facts and legal situation at the time of the order under appeal. '

13. In Paragraph 238 (1) (c), the words "in which, by the contested statement, the decision on the cash performance not exceeding CZK 50,000" are replaced by the words "given in the proceedings, the object of which was at the time of the decision containing the contested statement of cash performance not exceeding CZK 50 000, including enforcement proceedings and enforcement proceedings."

14. In Paragraph 238, at the end of paragraph 1, the dot is replaced by a comma and the following points (h) to (k) are added:

"(h) against decisions in the part concerning the statement on costs;

(i) against the resolutions which decided on the application for exemption or the obligation to pay the court fee;

(j) against the resolutions which decided on the tenderer's application for the provision of a representative;

(k) the decisions by which the Court of Appeal annulled the judgment of the Court of First Instance and returned the case to the Court of First Instance for further proceedings. ";

15. In Paragraph 238 (2), the words "the appeal of the contested judgment has been decided on a cash performance not exceeding CZK 50 000 'are replaced by the words" a decision containing the appeal of the contested decision was given in a procedure the object of which was at the time of the decision of the cash performance not exceeding CZK 50 000'.

16. In Section 238, the following paragraph 3 is added:

"(3) The decision referred to in paragraph 1 (c) shall also be deemed to have been given in the procedure for determining the authenticity or amount of the claim not exceeding CZK 50,000. '

17. at the end of paragraph 1, the sentence "The notice may not be lodged because of defects pursuant to § 229 (1), § 229 (2) (a) and (b) and § 229 (3) shall be added."

18. In Paragraph 241b, at the end of paragraph 3, the sentence "If the lack of the condition referred to in Paragraph 241 has not been removed even within the time limit specified for the fulfilment of that condition, the President of the Chamber of the Court of First Instance shall cease by the procedure of the procedure. '

19. in Article 243c (1), the words "or which is manifestly unfounded" shall be inserted after the words "to proceed,"

20. in Article 243c (1), the last sentence is deleted;

21. In § 243c, the sentence "If the President of the Chamber of the Court of First Instance has not decided in accordance with § 241b (3) of the third sentence, although the lack of the condition set out in § 241 has failed to be remedied, the court shall decide to terminate the appeal procedure for failure to fulfil that condition. '

22. In § 243d, the current text becomes paragraph 1 and the following paragraph 2 is added:

"(2) If the court of appeal changes the decision of the appeal court, it shall revoke the judgment given in the proceedings at first instance or in the appeal proceedings which are dependent on the decision of the appeal court to be amended. Where the court of appeal has only subsequently learned that the decisions taken at first instance or in the appeal proceedings are dependent on the amended decision of the appeal court, it shall decide to revoke them by a separate order. ';

23. In Paragraph 243e, at the end of paragraph 2, the sentence "If the court of appeal is to be informed subsequently that the decisions taken at first instance or in the appeal proceedings are dependent on the annulled decision of the appellate court, it shall decide on their annulment by a separate order. '

24. The following Sections 343 and 344 are inserted after Section 342:

"Removal with replacement

§ 343

(1) Where a decision which the enforcement of which is sought requires the debtor to vacate a house or flat for which the intended method of compensation for the loss of the right must be ensured, the court shall order the enforcement of the judgment only if it is established that the compulsory method of compensation as determined in the decision in question is ensured. The Court of First Instance shall enforce the decision by the legal authority of the decision ordering enforcement.

(2) The provision of a specified method of compensation for the debtor must be demonstrated by the creditor.

(3) If the authentic instrument does not prove that the refund is secured for the debtor and corresponds to the decision enforcement, the court shall order the enforcement of the decision before the regulation. In determining whether the compensation is granted to the debtor and whether it corresponds to the judgment enforced, the court shall also carry out the evidence necessary to establish the facts other than those proposed by the parties.

§ 344

(1) The court shall deliver the notification to the debtor at least 15 days before the date on which the removal is to take place. It shall also inform the authorised and competent authority of the municipality. If necessary, in particular if the debtor is not present, the executor carrying out the removal shall, as far as possible, add an appropriate person to the act, to the representative of the municipality's authority.

(2) Where a court has been granted compulsory replacement residence, enforcement shall be carried out in accordance with the procedure laid down in Article 341 (1), with the removal of the goods to a secured replacement residence. Where a court has been designated as a means of compensation for the loss of a right other than a replacement residence, it shall be treated mutatis mutandis in accordance with Article 341 (2) and (3) and Article 342.

(3) If, after the order for enforcement, the court finds that, in fact, a replacement residence has not been established for the debtor, it shall cease enforcement.

(4) After the removal, the executor shall forward the replacement residence to the obliged or mature member of his household, if that is the case; if they refuse to take over the replacement accommodation, they shall deposit the keys in the court or authority of the municipality and inform the debtor accordingly. If the mandatory replacement residence does not start to use, without serious reason, within 6 months of the deposit, the rights of the debtor to the replacement residence shall cease to exist by the end of that period.

(5) If it is not possible to move the items or some of them to a designated replacement residence, paragraphs 2 and 3 of Section 341 and Section 342 shall apply mutatis mutandis. ';

Čl. II

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. An appeal against decisions of the Court of Appeal given before the date of entry into force of this Law shall be discussed and decided in accordance with the existing legislation.

ČÁST DRUHÁ

Amendment to the Law on Special Proceedings

Čl. III

Act No. 292 / 2013 Coll., on Special Proceedings of the Court, as amended by Act No. 87 / 2015 Coll., Act No. 161 / 2016 Coll., Act No. 189 / 2016 Coll., Act No. 298 / 2016 Coll., the Constitutional Court found under No. 334 / 2016 Coll. and Act No. 460 / 2016 Coll., is amended as follows:

1. In Paragraph 1, the following paragraph 2 is inserted after paragraph 1:

"(2) The general part of this Act shall also apply to proceedings under Part One, Title Three, of the Law on the Judicial Matters and to proceedings under the Act governing the public registers of legal and natural persons, unless otherwise provided for by those laws. '

Paragraphs 2 and 3 shall become paragraphs 3 and 4.

2. in Article 3 (2), the following points (b) and (c) are inserted after point (a):

"(b) exclusion from office under the Commercial Corporation Act,

(c) appointing an expert in proceedings concerning certain matters relating to legal persons;

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, '.

Points (b) to (f) shall be renumbered (d) to (h).

3. In Paragraph 20, at the end of paragraph 4, the sentence "A similar obligation to a minor is also due to his legal representative or guardian."

4. Article 27, including the title, reads:

„§ 27

Obligations of the operative part

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

5. The following Section 27a is inserted after Section 27:

„§ 27a

The Court of First Instance may give its preliminary ruling on the enforceability of the judgment, in the operative part of the judgment, if otherwise the party concerned would be in danger of being in danger of being immaterial or material harm and if the proceedings could be initiated on their own motion. '

6. After Paragraph 47, the following Section 47a is inserted:

„§ 47a

Decision

The court shall act by judgment to approve the legal conduct of the guardian. '

7. in Paragraph 85, the following point (b) is inserted after point (a):

"(b) exclusion proceedings under the Commercial Corporations Act,"

Points (b) to (d) shall be renumbered (c) to (e).

8. In Article 86 (1), the words "(a) and (d) 'are replaced by the words" (a), (b) and (e) and for the proceedings referred to in Article 85 (c), where the case is referred to in Article 3 (2) (c),';

9. In Paragraph 86 (2), "(b) and (c) 'is replaced by" (c) and (d)';

10. In Paragraph 376, at the end of paragraph 1, the sentence "This shall not apply if the procedure can also be initiated on its own motion; in such a case, the court shall continue the proceedings with the guardian to whom it appoints the deceased. ';

11. in Article 390, the word "children" shall be inserted after the words "interests of minors."

12. The following Section 425a is inserted after Section 425:

„§ 425a

Restoration of proceedings

(1) An action for the renewal of a procedure for the determination or denial of paternity may be brought after three years of the legal power of the contested decision if:

(a) paternity was determined by the court before 31 December 1995; and

(b) there is new evidence relating to new scientific methods which could not be used in the main proceedings.

(2) A decision to determine or deny paternity shall be without prejudice to the validity of legal acts taken in connection with the exercise of the rights and obligations of the parent before the decision becomes final. "

13. in Paragraph 434 (2):

"(2) It shall not be possible to appoint a body of social legal protection for children who has submitted a proposal to initiate proceedings. '

14. in Paragraph 455 (2):

"(2) It is not possible to appoint an institution for the social protection of children, which has submitted an application for interim measures. '

15. in § 466 (k):

"(k) consent to the disposal of a minor child,"

16. in § 466, points (m) and (o) are deleted;

Points (n) to (s) shall be renumbered as points (m) to (q).

17. in Paragraph 468 (1), the words "(j), (l) and (m)" shall be replaced by "(j) and (l)."

18. In Section 468 (2), "(r) and (s) 'is replaced by" (p) and (q)';

19. The following Section 468a is inserted after Section 468:

„§ 468a

Management connection

(1

(2) The proceedings shall be carried out by the competent court which shall have jurisdiction in the proceedings.

(3) In the judgment limiting the competence of the parent body, the court shall determine the extent to which it has restricted the competence of the appellant if, in view of the interests of the child, the lenient and less restrictive measures are not sufficient. '

20. Paragraph 469 (2) reads as follows:

"(2) It shall not be possible to appoint a body of social legal protection for children who has submitted a proposal to initiate proceedings. '

21. In Article 471, at the end of the text of paragraph 1, the words "in the cases referred to in paragraphs 466 (a) to (f), (g), where the appointment or waiver of custody for the management of the child is made, in accordance with paragraphs 466 (i) to (k), (m), (n), in the cases referred to in paragraphs 466 (a) to (f), (g), or in respect of any change in the rights and obligations of the child, and in accordance with paragraphs 466 (p) and (q) 'shall be added.

22. In Paragraph 471, at the end of paragraph 2, the sentence "If there are no grounds of special consideration, the Court of First Instance shall, as a rule, give its judgment on the substance within 6 months of the initiation of the proceedings; where the court gives its decision after the expiry of that period, it shall state in the reasons for the decision the facts for which it was not possible to comply. ';

23. The following Section 472a is inserted after Section 472, including the title:

„§ 472a

Interest on late payments

(1) Where a court decides on maintenance for a minor child, it may also impose an obligation to pay interest on late payments in the decision. Interest on late payment shall be decided by the court only on application.

(2) The obligation to pay interest on late payments may also be imposed on maintenance benefits due in the future if the person is required to pay them in due time. "

24. The following Section 473a is inserted after Section 473:

„§ 473a

The judgment of the Court of Appeal confirming the judgment of the Court of First Instance on the annulment of a constitutional education or on the refusal of an application for extension of a constitutional education, or amending the judgment of the Court of First Instance in such a way as to annul or not extend constitutional education, shall be enforceable. '.

25. in Article 474 (1), the words "expert in pedopsychology" shall be replaced by "provider of professional assistance, in particular expert in pedopsychology."

26. Paragraph 482 (2) is deleted.

Paragraph 3 shall become paragraph 2.

27. in Article 503 (1) (d), the words "expert in pedopsychology" are replaced by the words "provider of professional assistance, in particular expert in pedopsychology."

Čl. IV

Transitional provision

Unless otherwise specified, Act No. 292 / 2013 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.

ČÁST TŘETÍ

Amendment of the Law on judicial fees

Čl. V

Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 15 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act.

1. in Article 4 (1), the following point (i) is inserted after point (h):

"(i) by imposing an obligation to pay a fee in connection with the court's decision to refuse an inadmissibility claim under Paragraph 238 of the Civil Code,";

Point (i) shall be renumbered as point (j).

2. In Article 7 (1), "(e) to (i) 'is replaced by" (e) to (j)'.

3. In Article 9 (1), the semicolon after the word "determine 'is deleted and part of the sentence after the semicolon is replaced by" of a duration of at least 15 days; exceptionally, the court may specify a shorter period. After that period has expired, the court shall terminate the proceedings. The fee shall not be taken into account after the time limit has expired.';

4. Paragraph 9 (2) reads as follows:

"(2) If the appellate court finds, after having been referred to it for a decision to appeal, that a fee due by appeal has not been paid, it shall invite the payer to pay it within a period of at least 15 days; exceptionally, the appellate court may specify a shorter period. After the expiry of that period, the appeal court shall terminate the proceedings. The fee shall not be taken into account after the time limit has expired. Similarly, proceedings before the Court of Appeal shall be brought. ';

5. In Article 9 (7), the first sentence is deleted.

6. In Article 11 (1), point (n) is deleted.

Point (o) shall be renumbered as point (n).

7. in Article 11 (2) (g):

"(g) the appellant in the proceedings for the determination of parenthood, with the exception of the appellant in the proceedings for the determination of paternity after divorce or for the declaration of invalidity of the marriage and the appellant in the proceedings for the denial of parenthood,"

8. in Article 11 (3), point (e) is deleted;

Points (f) to (h) shall be renumbered as points (e) to (g).

9. In Article 11 (4), the words "and proceedings before the Court of Appeal 'are deleted.

10. In Article 11 (5), the words "inefficiencies, support measures' shall be inserted after the words" further exempt the drafting of the application '.

11. in Article 11, the following paragraph 10 is added:

Citation	Act No. 296 / 2017 Coll., amending Act No. 99 / 1963 Coll., Civil Code, as amended, Act No. 292 / 2013 Coll., on Special Rules of Procedure, as amended, and certain other laws
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	15.09.2017
Effective from	30.09.2017
Effective until	-
Status	Valid

Act No. 296 / 2017 Coll.

Act amending Act No. 99 / 1963 Coll., Civil Code, as amended, Act No. 292 / 2013 Coll., on Special Rules of Procedure, as amended, and certain other laws

Contents