What is Act No. 30 / 2000 Coll.?

Act No. 30 / 2000 Coll., amending Act No. 99 / 1963 Coll., Civil Code, as amended, and certain other laws — Act amending Act No. 99 / 1963 Coll., Civil Code, as amended, and some other laws.

When it became Act No. 30 / 2000 Coll. effectiveness?

Act No. 30 / 2000 Coll. became effective 01.01.2001.

Is Act No. 30 / 2000 Coll. still valid?

Yes, Act No. 30 / 2000 Coll. is still valid and effective.

Act No. 30 / 2000 Coll.

Act amending Act No. 99 / 1963 Coll., Civil Code, as amended, and some other laws

Valid Effective from 01.01.2001

ČÁST PRVNÍ Čl. I § 9 „§ 9a „§ 15 „§ 15a § 15b „§ 16 „§ 16a § 16b „§ 17 „§ 17a „§ 21 „§ 21a § 21b „§ 25a „§ 28 „§ 28a „§ 32 § 36 „§ 36b § 36c § 36d „§ 40a „§ 41a § 41b „§ 43 § 45 „§ 45a „§ 46 § 47 „§ 48 „§ 48a § 48b § 48c § 48d „§ 50b „§ 75a „§ 78a „§ 85 § 85a § 90 „§ 91a „§ 96 „§ 102 „§ 104a § 107 „§ 107a „§ 113a § 114 „§ 114a § 114b „§ 115a „§ 117 § 118 „§ 118a § 118b § 118c „§ 119a „§ 124 „§ 133a § 151 „§ 157 „§ 164 § 172 „§ 175c § 180a § 180b „§ 185b „§ 193 „§ 200 § 200a § 200b § 200c § 200d § 200e § 200f § 200g „§ 203 § 204 § 205 „§ 205a § 205b § 208 § 209 „§ 211a „§ 212a „§ 218a „§ 221a „§ 222a „§ 226 § 228 § 229 § 230 § 231 § 232 § 233 § 234 § 235 § 235a § 235b § 235c § 235d § 235e § 235f § 235g § 235h § 235i „§ 237 § 238 § 238a § 239 „§ 241 „§ 241a § 241b „§ 250a „§ 250s „§ 252 § 260a § 260b § 260c § 260d § 260e § 260f § 260g § 260h „§ 261a „§ 262a „§ 267a „§ 273 § 303 § 304 „§ 304a „§ 305 § 306 § 307 § 308 § 309 „§ 309a § 312 § 313 § 314 „§ 314a § 314b „§ 318 § 320 „§ 320a „§ 325a „§ 325b „§ 326 „§ 326a § 326b „§ 328b „§ 331 „§ 331a „§ 334 „§ 334a § 335 § 335a „§ 335b „§ 336 § 336a § 336b § 336c § 336d § 336e § 336f § 336g § 336h § 336i § 336j § 336k § 336l § 336m § 336n „§ 337 § 337a § 337b § 337c § 337d § 337e „§ 337f § 337g § 337h § 338 § 338a Hlava pátá § 338b „§ 338c § 338d § 338e Hlava šestá § 338f § 338g § 338h § 338i § 338j § 338k § 338l § 338m § 338n § 338o § 338p § 338q § 338r § 338s § 338t § 338u § 338v § 338w § 338x § 338y § 338z § 338za § 338zb § 338zc § 338zd § 338ze § 338zf § 338zg § 338zh § 338zi § 338zj § 338zk § 338zl § 338zm § 338zn § 338zo § 338zp § 338zq § 340 § 341 § 342 § 343 § 344 „§ 351a „§ 374a ČÁST DRUHÁ Čl. II „§ 35a „Oddíl druhý § 71a § 71b § 71c ČÁST ČTVRTÁ Čl. IV ČÁST SEDMÁ ČÁST OSMÁ Čl. VIII ČÁST DESÁTÁ Čl. X ČÁST JEDENÁCTÁ Čl. XI ČÁST DVANÁCTÁ Hlava I Hlava II Hlava III Hlava IV ČÁST TŘINÁCTÁ

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THE LAW

of 12 January 2000

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:

ČÁST PRVNÍ

Amendment of the Civil Code

Čl. I

Act No. 99 / 1963 Coll., Civil Code, as amended by Act No. 36 / 1967 Coll., Act No. 158 / 1969 Coll., Act No. 49 / 1973 Coll., Act No. 20 / 1975 Coll., Act No. 133 / 1982 Coll., Act No. 180 / 1990 Coll., Act No. 27 / 1991 Coll., Act No. 152 / 1994 Coll., Act No. 216 / 1994 Coll., Act No. 54 / 1995 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll.

1. In Paragraph 1, the word 'fellow citizens' is replaced by 'other persons'.

2. In Paragraph 2, after the words "legal matters', comma is replaced by" a ', after the word "voluntarily', the comma is replaced by" semicolon 'and the words "and focus on their activities' are replaced by the words" taking care '.

3. In Article 7 (1), the words "disputes and other legal matters' shall be inserted after the words" family '; the words "cooperative as well as' shall be replaced by the words" and 'and the words in brackets' (including business and economic relations) shall be deleted;

(4) Paragraph 9, including the title and footnotes No 39) to 53, reads as follows:

"Jurisdiction

§ 9

(1) Unless otherwise provided for in the law, the courts of the district shall be responsible for the proceedings at first instance.

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

(a) matters relating to the protection of individuals under the Civil Code and the protection against the disclosure of information which is an abuse of freedom of expression, of words and of the press, and, where appropriate, the protection of third parties' rights under collective information law;

(b) disputes arising from the application of rights and obligations under legislation on the protection of personal data in information systems, 39)

(c) in disputes concerning claims under the copyright law, 40) in respect of claims for threats and infringements under the copyright law, and in respect of claims for wrongful enrichment obtained at the expense of those to whom they attest rights under the copyright law;

(d) disputes concerning the mutual settlement between the employer and the recipient of the pension insurance and pension provision provided unjustly or at a higher rate than that due;

(e) disputes between the competent sickness insurance authority and the employer for compensation for damage caused by malpractice in carrying out sickness insurance;

(f) disputes concerning the lawfulness of strikes or exclusions;

(g) in disputes concerning the invalidity of employment or service pursuant to Article 18 (2) of Act No. 451 / 1991 Coll., laying down certain additional conditions for the performance of certain functions in the state bodies and organisations of the Czech and Slovak Federal Republic, the Czech Republic and the Slovak Republic,

(h) disputes concerning a foreign State or persons enjoying diplomatic immunity and privileges, where such disputes fall within the competence of the courts of the Czech Republic;

(i) in the procedure for determining whether a proposal for registration of a political party or a political movement has no deficiencies which would impede their registration (1)

(3) The Regional Courts also rule in commercial matters as first instance courts

(a) in matters relating to the business register, the register of companies of general interest and the fund register;

(b) in the statutes of companies, cooperatives and other legal persons under the first, second and fourth commercial codes, 41)

(c) matters arising from legal relations relating to the establishment of trading companies, cooperatives, public utility companies, foundations and foundations;

(d) in proceedings for the annulment and liquidation of a public utility company and the appointment of its liquidator, 42)

(e) in proceedings for the cancellation and liquidation of the Foundation or the Foundation or the Foundation Fund, the appointment of a liquidator or the Foundation Fund and the appointment of new members of the Board of Directors of the Foundation or the Foundation Fund, 43)

(f) in proceedings for the annulment of a public undertaking and for the appointment and removal of its liquidator, 44)

(g) in disputes arising from legal relations between trading companies (cooperatives) and their founders (partners or members), as well as between members (members or founders), in the case of relations relating to participation in a company (member's relationship with a cooperative), in the case of relations arising from contracts transferring the share of a member (members' rights and obligations) and in the case of relationships relating to the increase of the capital (accession of a member), in the absence of jurisdiction under point (b),

(h) disputes between trading companies (cooperatives) and their statutory bodies, liquidators or other bodies, and disputes between members and statutory authorities, liquidators or other bodies, in relation to relations relating to the performance of their duties;

(i) disputes arising from legal relations between an entrepreneur, a community of general interest, a foundation or a fund of foundations and an asset manager belonging to their bankruptcy proceedings, or, where appropriate, a forced trustee appointed by them;

(j) in disputes arising from legal relations between the procurer and the entrepreneur who granted the procurer and, where more than one person has been awarded the procurer, from legal relations between those persons;

(k) in competition matters, 45)

(l) disputes concerning the protection of the rights of the infringer or threatened by unfair competitive negotiations (46) and the infringement or threat of the right to commercial secrecy, 47)

(m) in matters of the protection of the name and reputation of a legal person, 48)

(n) disputes concerning the right to trade name, 49)

(o) disputes concerning claims based on industrial property, claims for threats and infringements of industrial property rights and claims for the issue of unjustified enrichment obtained at the expense of those to whom industrial property rights attest,

(p) disputes concerning notes, cheques and other securities, derivatives and other values that are negotiable on the capital market;

(q) in disputes between commodity stock exchanges,

(r) disputes arising from other commercial obligations, including disputes concerning compensation and the issue of unjustified enrichment between entrepreneurs in their business activities, with the exception of disputes

1. Credit agreements, 50) on current account 51) and on deposit accounts 52) and on collateral; the provisions of point (p) are without prejudice to this;

2. the compensation and the issue of unjustified enrichment resulting from the contracts referred to in point 1 and their provision;

3. determining property ownership and the nullity of the real estate transfer contract;

4. about the right to foreign affairs, 53)

5. related to the rental of real estate, flats and non-residential premises,

6. in respect of cash transactions, if the amount requested by the applicant does not exceed CZK 100,000; no account shall be taken of the accessories of the claim,

(s) bankruptcy and settlement matters,

(t) in disputes brought about by bankruptcy or settlement, unless it is a settlement of the joint or other assets of the spouses;

(u) capital market matters.

(4) The Supreme Court of the Czech Republic ("the Supreme Court") shall act as a court of the first instance, where specific legislation so provides.

39) Act No. 256 / 1992 Coll., on the protection of personal data in information systems.

40) Act No. 35 / 1965 Coll., on Works of Literary, Scientific and Artistic (Copyright Act), as amended.

41) Act No. 513 / 1991 Coll., Commercial Code, as amended.

42) § 8 (4) and (5), § 9 (2) of Act No. 248 / 1995 Coll., on public utility companies and amending and supplementing certain laws.

43) Articles 7 (3) to (5), 9 (2) and 16 of Act No. 227 / 1997 Coll., on Foundation and Foundation Funds and amending and supplementing certain related laws (Law on Foundation and Foundation Funds).

44) Sections 6 (4) and 9 (3) of Act No. 77 / 1997 Coll., on State Enterprise.

45) Act No. 63 / 1991 Coll., on the Protection of Competition, as amended.

46) Paragraph 44 et seq. of the Commercial Code.

47) Article 17 et seq. of the Commercial Code.

48) § 19b of Act No. 40 / 1964 Coll., Civil Code, as amended by Act No. 509 / 1991 Coll.

49) § 8 et seq. of the Commercial Code.

50) § 497 et seq. of the Commercial Code.

51) Article 708 et seq. of the Commercial Code.

52) Article 716 et seq. of the Commercial Code.

53) § 151a et seq. of the Civil Code. '.

footnotes (1a), (2) to (22), (24) to (32) and (32a) are deleted.

5. the following Section 9a is inserted after Section 9:

„§ 9a

In order to hear an action under Paragraph 91a, the regional or regional courts shall have jurisdiction in the first instance, depending on which of those courts is in the first instance in proceedings relating to a case or law to which the applicant is entitled. '

6. In Article 12 (1), the words "Article 15 (2) and (16a) 'are inserted after the words" Article 14'.

7. In Paragraph 12, the following sentence is added at the end of paragraph 3: "Participants have the right to comment on the court to which the case is to be ordered and, in the case of paragraph 2, the ground for which the case should be ordered. '.

8. Paragraph 14 (1) reads as follows:

"(1) Judges and alternates shall be excluded from the hearing and decision of the case if, in view of their relationship with the case, with the participants or their representatives, there is reason to doubt their bias."

9. In Article 14 (2), the words "discussed or 'shall be inserted after the words" who'.

10. In Article 14, paragraphs 3 and 4 are added:

"(3) Judges who have given the contested decision or discussed the case shall also be excluded from hearing and deciding on an action for confusion.

(4) The grounds for the exclusion of a Judge (associate) are not circumstances which consist in the procedure of a Judge (associate) in the proceedings in the present case or in its decision in other cases. "

11.

„§ 15

(1) As soon as the judge or associate becomes aware of the facts for which he is excluded, he shall notify the President of the Court without delay. In proceedings, only acts which cannot be delayed may be taken.

(2) The President of the Court shall, on the basis of the work schedule, appoint another Judge (s) referred to in paragraph 1 or, in the case of notification by all members of the Chamber, order the case to another Chamber; If this is not possible, it shall refer the matter to a decision under Paragraph 12 (1). If there is an exclusion pursuant to Paragraph 14 (1) and the President of the Court considers that there is no reason to doubt the unbiased nature of the judge (associate), he shall refer the matter to the court referred to in Article 16 (1). '

12. the following Sections 15a and 15b are inserted after Section 15:

„§ 15a

(1) Participants shall have the right to make their views known to the persons of the Judges and their alternates who, according to their work schedule, are to discuss and decide the matter. They must be instructed by the court.

(2) The participant shall object to the bias of the Judge (s) at the latest at the first hearing attended by the Judge (s) whose exclusion is concerned; if, at that time, he did not know of the reason for the exclusion, or if that reason arose later, he may object within 15 days of being informed of it. A party may later object to the bias only if he has not been informed by the court of his right to speak to the persons of the Judges (sitting).

(3) The objection of bias must specify, in addition to the general requirements (Paragraph 42 (4)), against which judge (s) the defendant is directed, in which case the reason for the doubt about his or her bias is seen, or when the opposing party has become aware of it, and what evidence can be established.

§ 15b

(1) In order to decide on the objection of bias, the court will bring the case before its superior court with the observations of the Judges (s) concerned. In proceedings, only acts which cannot be delayed may be taken.

(2) The provisions of paragraph 1 shall not apply if the objection was brought before or during the proceedings in which the case was decided and if the court considers that the objection is not justified.

(3) The provisions of paragraph 1 shall also not apply where a party has raised the same circumstances in the objection which have already been decided upon by a superior court (by another Chamber of the Supreme Court) or if the objection is manifestly late. "

13.

„§ 16

(1) The superior court in the Chamber shall decide whether a judge or an associate is expelled. The exclusion of judges of the Supreme Court shall be decided by another Chamber of the same court.

(2) The court referred to in paragraph 1 shall reject the late application (Paragraph 15a (2)).

(3) Proof of the reason for the exclusion of the Judge (associate) shall be carried out by the court referred to in paragraph 1 either alone or through the requested court. In the absence of evidence, the decisions referred to in paragraphs 1 and 2 need not be ordered. ';

14. The following Sections 16a and 16b are inserted after Section 16:

„§ 16a

(1) If it has been decided that the Judge (s) is excluded, the President of the Court shall designate another Judge (s) instead of him or, if all members of the Chamber have been excluded, he shall order the matter to another Chamber; If this is not possible, it shall refer the matter to a decision under Paragraph 12 (1).

(2) Where the decision has been annulled by an appeal or an appeal court or by an action for confusion because the Judge-elect (s) excluded has taken a decision in the case, or where the court of appeal or of appeal or of appeal has ordered the case to be dealt with in the further proceedings and the decision of another Chamber (s) is to be taken by analogy with paragraph 1.

§ 16b

The order of the superior court under Article 16 (1) and (2) shall be binding on the court and the parties; the provisions of Sections 205 (2) (a), 221 (1) (b), 229 (1) (e) and 242 (3), second sentence shall not be affected. ';

15.

„§ 17

The President of the Chamber shall decide whether the Registrar or another member of staff of the court and the expert or interpreter is excluded; Articles 14 (1), 15, 15a (1) and (3) and 16 (3) shall apply mutatis mutandis. No appeal shall be admissible against his order. '

16. The following Section 17a is inserted after Section 17:

„§ 17a

(1) The removal of a notary from the duties of a judicial commissioner is decided by the court which mandated the notary to carry out the acts of a judicial commissioner; Paragraph 14 to 16a shall apply mutatis mutandis. No appeal is admissible against his order.

(2) The expulsion of notarial associates, notarial candidates or other staff of the notary shall be decided by the court which mandated the notary to perform the duties of the judicial commissioner; In doing so, it shall proceed mutatis mutandis in accordance with Article 17. ';

17. In Paragraph 18, the current text becomes paragraph 1 and the following paragraph 2 is added, including footnote 54:

"(2) A participant whose mother tongue is different from the Czech language, the court shall establish an interpreter as soon as such a need becomes apparent in the proceedings. The same applies if there is an interpreter's provision for a participant with whom there is no other communication than sign language. 54)

54) Act No. 155 / 1998 Coll., on sign language and on the amendment of other laws. '.

18.

„§ 21

(1) He shall act as a legal person

(a) its statutory authority; where the statutory authority consists of more than one natural person, the chairman or, where appropriate, his / her member who has been entrusted with it shall act as a legal person; or

(b) its staff member who has been entrusted with this task by the statutory authority; or

(c) the head of its fissile plant or the head of another of its organisational units, which the law provides to be entered in the Commercial Register, if the case concerns that plant (s); or

(d) its procuring entity, if it can act on its own basis.

(2) Paragraph 1 shall not apply where such or special law provides that other persons act as a legal person. 55)

(3) Where a compulsory administration has been established with a legal entity, the latter shall act as a forced administrator who, under the law, has the status of its statutory body or, where appropriate, the staff of the legal entity entrusted by it; otherwise the procedure laid down in paragraphs 1 and 2 shall be followed.

(4) The person whose interests are contrary to the interests of the legal person may not act as a legal person.

(5) Anyone acting as a legal person must demonstrate his / her competence. There is only one person who can act as a legal person at the same time.

55) For example, Sections 72, 131 (2), 131a, 182 (2), 183 (1) and 199 of the Commercial Code. '

19. the following Sections 21a and 21b are inserted after Section 21:

„§ 21a

(1) The competent authority of the State shall appear before the court.

(2) The competent State authority shall instruct its staff member or staff member of another State authority to act on behalf of the State.

(3) Paragraph 21 (4) and (5) applies mutatis mutandis.

§ 21b

(1) The municipality and the higher territorial authority shall act as the person who is entitled, under a special law, to represent them on the outside, or their staff member who has been entrusted with it.

(2) Paragraph 21 (4) and (5) shall apply mutatis mutandis. "

20. In Section 22, the words "Citizen who 'are replaced by the words" Natural person who' and the words "represented 'are replaced by the words" represented'.

21. In Paragraph 23, the words "the court shall decide that he who" shall be replaced by "the President of the Chamber shall decide that the natural person who", "the word" represented "shall be replaced by" represented "and the word" could "shall be replaced by" could. "

22. In Section 24, the current text becomes paragraph 1 and the following paragraph 2 is added, including footnote 56:

"(2) In a procedure in which classified information protected by a special law is discussed, 56) only natural persons may be represented by participants who are certified for the relevant classification level of that fact issued under a special law or who have been instructed under that law (Section 40a (1)).

56) Act No. 148 / 1998 Coll., on the protection of classified information and on the amendment of certain laws, as amended. '

23. The second sentence of Paragraph 25 (1) reads: "The lawyer may be granted only full power of attorney for the whole procedure (hereinafter referred to as" procedural power of attorney ")."

24. in Paragraph 25 (2):

"(2) The lawyer shall be entitled to be represented by another lawyer or, except in cases where the representation of a lawyer is compulsory under this law, by a lawyer associate or by his staff as an additional representative. ';

25. in Paragraph 25, paragraphs 3 and 4, including footnote 33, are deleted;

26. after Paragraph 25, the following Paragraph 25a is inserted, including footnote 57:

„§ 25a

(1) A participant may also choose a representative of a notary; a notary may represent a participant only within the scope of his or her authorisation provided for by specific provisions. 57) The notary can only be granted procedural power of attorney.

(2) A notary shall be entitled to be represented by another notary and, except in cases where he is a notary under this law, a notary candidate or a notary associate.

57) § 3 of Act No. 358 / 1992 Coll., on notaries and their activities (notarial order), as amended by Act No. 30 / 2000 Coll. '.

27. in Paragraph 26 (3):

"(3) If the trade union organisation or the Office of Representation is involved, it shall act on their behalf as the representative referred to in Paragraph 21. ';

28. The first sentence of Paragraph 27 (1) reads: "A participant may also be represented by any natural person having full legal capacity."

29.

„§ 28

(1) The representatives chosen by the participant shall, in writing or orally, grant to the Protocol a procedural power or power of attorney only for certain acts.

(2) The appeal by a party to the proceedings or its resignation by a representative shall be effective against the court once it has been notified by that party or representative; they shall be effective as soon as they have been notified to them by the court.

(3) If a participant chooses another representative, it is true that it has also given notice of the full authority to the representative.

(4) Signatures in writing, in the appeal of, or in its denunciation, shall be officially authenticated only if the law so provides or if the President of the Chamber so decides.

(5) If the represented person loses his capacity to be a party to the proceedings or if a representative dies or dies, the power of attorney shall cease.

(6) If there is nothing else in the power of attorney, the power of attorney shall cease to exist on the date of the legal authority of the decision closing the proceedings for which it was granted. '

30. The following Section 28a is inserted after Section 28:

„§ 28a

(1) The procedural power of attorney cannot be restricted. The representative to whom this mandate has been granted shall be entitled to any action taken by a party in the proceedings.

(2) The full power for certain acts only authorises representation in those acts which have been expressly stated in full. "

31. the first sentence of Paragraph 29 (1) shall read: "If a natural person is not represented as a party to proceedings who cannot act alone before a court, the President of the Chamber shall appoint a guardian if there is a danger of delay."

32. In Paragraph 29, the following paragraph 2 is inserted after paragraph 1:

"(2) The chairperson of the Chamber shall also be appointed by the President of the Chamber to a legal person who, as a party to the proceedings, is prevented from acting before the courts because there is no person entitled to act for him or her, or because it is questionable who is the person entitled to act for him (§ 21) if there is a danger of delay. '

Paragraph 2 shall become paragraph 3.

33. In Paragraph 29 (3), the words "or for other health reasons it may not be allowed to take part in proceedings for a transitional period 'shall be inserted after the word" disorder'.

34. In Article 29, the following paragraph 4 is added:

"(4) Unless the court has decided otherwise, the guardian established under paragraphs 1 to 3 shall appear in proceedings before the Court of First Instance, the appeal and the appeal. ';

35. in Article 30 (1), the words "fees, may be fixed at his request" shall be replaced by the words "fees (§ 138), the President of the Chamber shall determine at his request."

36. In Paragraph 30, the following sentence shall be added at the end of paragraph 1: "The President of the Chamber shall be obliged to instruct the tenderer to make such a request."

37. in Paragraph 30 (2), the words "or, where a procedural representative is a lawyer, is appointed, after the word" participant. "

38. In Paragraph 31 (1), the words "power of attorney for the whole procedure, unless it has been established only for certain acts' are replaced by the words" procedural power '.

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Regulation Information

Citation	Act No. 30 / 2000 Coll., amending Act No. 99 / 1963 Coll., Civil Code, as amended, and certain other laws
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	23.02.2000
Effective from	01.01.2001
Effective until	-
Status	Valid

The regulation text is for informational purposes only.