What is Act No. 303 / 2013 Coll.?

Act No. 303 / 2013 Coll., amending certain laws in connection with the adoption of the recdification of private law — Law amending certain laws in connection with the adoption of the recdification of private law.

When it became Act No. 303 / 2013 Coll. effectiveness?

Act No. 303 / 2013 Coll. became effective 01.01.2014.

Is Act No. 303 / 2013 Coll. still valid?

Yes, Act No. 303 / 2013 Coll. is still valid and effective.

How many times was it Act No. 303 / 2013 Coll. amended?

Act No. 303 / 2013 Coll. has 8 time versions of the text.

Act No. 303 / 2013 Coll.

Law amending certain laws in connection with the adoption of the recdification of private law

Valid Law Effective from 01.01.2014

Text versions: 01.01.2025 01.04.2024 02.08.2021 01.10.2016 14.05.2015 All versions (7)

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303

THE LAW

of 12 September 2013

amending certain laws in connection with the adoption of the recmodification of private law

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the Fire Protection Act

Čl. I

Act No. 133 / 1985 Coll., on Fire Protection, as amended by Act No. 425 / 1990 Coll., Act No. 40 / 1994 Coll., Act No. 203 / 1994 Coll., Act No. 163 / 1998 Coll., Act No. 71 / 2000 Coll., Act No. 237 / 2000 Coll., Act No. 320 / 2002 Coll., Act No. 413 / 2005 Coll., Act No. 186 / 2006 Coll., Act No. 267 / 2006 Coll., Act No. 281 / 2009 Coll., Act No. 341 / 2011 Coll., Act No. 350 / 2011 Coll., and Act No. 350 / 2012 Coll., is amended as follows:

1. The heading above Paragraph 82 reads: "Compensation for damages."

„§ 82

A natural person shall be entitled to compensation for damage caused to him by assistance provided in the fight against a fire. ';

3. In Paragraph 83 (1), the word "factual 'is deleted.

4. In Paragraph 83 (2), the word "factual 'is deleted.

5. Paragraph 84 (1) reads as follows:

"(1) The damage compensation provided for in Section 83 shall be provided and decided by the fire department of the county in whose territorial district the fire has been or has been carried out by the fire protection unit, except as referred to in paragraph 2. ';

6. in Paragraph 84, the following paragraph 2 is inserted after paragraph 1:

"(2) Compensation for damage to a legal or natural person who has been created by him in the course of assistance provided in the fire at the request of the municipality pursuant to § 19 shall be provided and decided by the municipality. '

Paragraphs 2 and 3 shall become paragraphs 3 and 4.

7. In Paragraph 84 (3), the word "factual 'is deleted.

8. In Paragraph 84 (4), the words "82 and 'are deleted.

9. In Paragraph 84, the following paragraph 5 is added:

"(5) Compensation for damage caused to a natural person in connection with assistance granted under Paragraph 82 shall be granted under the Civil Code. '.

ČÁST DRUHÁ

Amendment to the Act on State Monument Care

Čl. II

Act No. 20 / 1987 Coll., on State Monument Care, as amended by Act No. 242 / 1992 Coll., Act No. 361 / 1999 Coll., Act No. 122 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 146 / 2001 Coll., Act No. 320 / 2002 Coll., Act No. 18 / 2004 Coll., Act No. 186 / 2004 Coll., Act No. 203 / 2006 Coll., Act No. 158 / 2007 Coll., Act No. 142 / 2012 Coll., Act No. 124 / 2008 Coll., Act No. 189 / 2008 Coll., Act No. 307 / 2008 Coll., Act No. 223 / 2009 Coll., Act No. 227 / 2009 Coll.

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

"(2) Under the conditions laid down in paragraph 1 (a) or (b), a building which is not a separate object or a set of structures may be declared a cultural monument separately; even such a cultural monument is considered a real-estate cultural monument. '

Paragraph 2 shall become paragraph 3.

2. Paragraph 2 (3) reads as follows:

"(3) A set of items or structures may be declared a cultural monument, even if some of them do not show the characteristics of the cultural monument referred to in paragraph 1. ';

3. The heading of Section 3 reads: "Proclamation of cultural monuments."

4. In Article 3 (1), the words "or buildings' shall be inserted after the words" goods'.

5. In Article 3 (2), the words "the owner of the case 'are replaced by the words" the owner', the words "the declaration of the case 'are replaced by the words" the statement of the case or the construction of the case' and the words "the intention of the case 'are replaced by the words" the intention of the case or the construction'.

6. In Paragraph 3 (3), the word "cases' is deleted and the word" case 'is replaced by the words "its case or construction'.

7. In Paragraph 3, the sentence "In the decision on the declaration of a real estate as a cultural monument, the Ministry of Culture may at the same time state that the explicitly mentioned buildings do not become cultural monuments, although the land on which they are set up is declared a cultural monument 'and the words" or buildings' are inserted after the word "objects'.

8. In Article 3 (5), the words "or buildings' shall be inserted after the words" the owners of the goods', the words "or buildings' shall be inserted after the words" the items' and the words "the items' shall be replaced by the words" the items or buildings'.

9. In Paragraph 3 (6), the words "or buildings' shall be inserted after the words" goods'.

10. in Article 7 (3), the words "or buildings" shall be inserted after the words "cases."

11. the following Section 7a is inserted after Section 7:

„§ 7a

The Ministry of Culture may decide, at the request of the owner of the building, which was subsequently established on the property already protected as a cultural monument, or on its own authority, that the building is not a cultural monument. "

12. In Section 8 and Section 8 (1) and (5), the words "or buildings' shall be inserted after the words" goods'.

13. in the second sentence of Article 8 (2), the word 'cases' shall be deleted;

14. in Article 9 (4), the words "the case shall be transferred" shall be replaced by the words "it shall be transferred" and the words "the case" shall be deleted;

15. In Paragraph 13, the words "if the national cultural monument is only a building which is not a separate matter, the State's right to a preferred purchase for a property to which the national cultural monument is part 'shall be added at the end of paragraph 1.

16. In Article 13 (3), the words "under paragraph 1 'shall be inserted after the words" offer', the words "cultural monument 'shall be replaced by the words" object' and the words "cultural monuments accepted 'shall be replaced by the words" received'.

17. in Article 14a (1), the words "eligible for legal action" shall be replaced by the words "authorised."

18. in Article 14a (10) (a), the words "deprived of legal capacity or restricted legal capacity" shall be replaced by the words "restricted in law."

19. in Article 14a (11) (b), the words "waiving or restricting its legal capacity" shall be replaced by the words "limitation of incapacity."

20. in Article 18 (1) and (2):

"(1) The construction, which is a cultural monument, can only be moved with the prior approval of the Regional Office after the expression of the professional organisation of the State Monument Care.

(2) A movable object, which is a cultural monument, can only be permanently transferred from a publicly accessible place with the prior approval of the Regional Office after the expression of the professional organisation of the State Heritage Care. "

21. in Paragraph 32 (2) (e), the words "declarations of objects for cultural monuments" are replaced by the words "declarations of cultural monuments."

22. in Article 35 (1) (a), the words "or construction" shall be inserted after the words "or construction"; the words "items" shall be deleted; and the words "or construction" shall be inserted after the words "intends to do";

23. in Article 35 (1), point (f) is deleted;

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

24. in Article 35 (2) (d):

"(d) move a building which is a cultural monument without the prior approval of the Regional Office or permanently move a movable object which is a cultural monument from a publicly accessible place without prior approval of the Regional Office."

25. in Paragraph 39 (1) (a), the words "or construction" shall be inserted after the words "or construction"; the words "items" shall be deleted; and the words "or construction" shall be inserted after the words "intends to do so."

26. in Paragraph 39 (2) (c):

"(c) move a building which is a cultural monument without the prior approval of the Regional Office or permanently move a movable object which is a cultural monument from a publicly available place without prior approval of the Regional Office."

27. in Article 43a (2) (i) and Article 43a (3) (i), the words "withdrawal or limitation of legal capacity" shall be replaced by the words "limitation of incapacity."

Čl. III

Transitional provision

The scope of protection of the building or the plot as a cultural monument is not affected by the fact that the construction under the Civil Code has become part of the plot.

ČÁST TŘETÍ

Amendment to the Price Act

Čl. IV

Act No. 526 / 1990 Coll., on Prices, as amended by Act No. 135 / 1994 Coll., Act No. 151 / 1997 Coll., Act No. 29 / 2000 Coll., Act No. 141 / 2001 Coll., Act No. 276 / 2002 Coll., Act No. 124 / 2003 Coll., Act No. 354 / 2003 Coll., Act No. 484 / 2004 Coll., Act No. 217 / 2005 Coll., Act No. 377 / 2005 Coll., Act No. 230 / 2006 Coll., Act No. 261 / 2007 Coll., Act No. 183 / 2008 Coll., Act No. 403 / 2009 Coll., Act No. 457 / 2011 Coll., and Act No. 18 / 2012 Coll., is amended as follows:

1. in Paragraph 1 (2) (b), the word "detected" is replaced by the word "designated."

2. In the first sentence of Paragraph 13a, the words "and sales' are deleted.

ČÁST ČTVRTÁ

Amendment of the law on inventions and improvements

Čl. V

In Article 69 of Act No. 527 / 1990 Coll., on inventions and improvements, as amended by Act No. 116 / 2000 Coll. and Act No. 207 / 2000 Coll., the following paragraph 3 is inserted after paragraph 2, including footnote 6:

"(3) Dispute note under Civil Code (6) may relate only to an alert in the register indicating the handling of the patent as a subject of property.

6) § 986 of the Civil Code. '.

Paragraph 3 shall become paragraph 4.

ČÁST PÁTÁ

Amendment of the Trade Act

Čl. VI

Act No. 1 / 2006, Act No. 6, Act No. 5, Act No. 6, Act No. 6, Act No. 6, Act No. 6, Act No. 6, Act No. 6, Act No. 6, Act No. 6 / 1999, Act No. 6 / 1997 Coll., Act No. 6 / 1996 Coll.

1. in Paragraph 3 (3) (a), the reference to footnote 53 shall be replaced by a reference to footnote 55;

Footnote 53 to date with the text "Act No. 427 / 2011 Coll., on Supplementary Pension Savings. 'is renumbered as footnote 55.

2. in Article 3 (3) (ai), the reference to footnote 53 shall be replaced by a reference to footnote 55a;

Footnote 53 to date with the text "Act No. 372 / 2011 Coll., on health services and the conditions for their provision (Health Services Act). 'is renumbered as footnote 55a.

3. in Article 3 (3), point (j), with the text "carrying out professional plant health activities under special legislation 53)," the reference to footnote 53 is replaced by a reference to footnote 56.

The footnote to footnote 53 with the text "Paragraph 81 of Act No. 326 / 2004 Coll., on Phytosanitary Care and on the amendment of certain related laws, as amended by Act No. 199 / 2012 Coll. 'is renumbered as footnote 56.

4. in Paragraph 3 (3), point (ai), with the text "the operation of postal services and foreign postal services under special legislation," shall read as (ak) and including footnote 57 shall read as follows:

"(c) the operation of postal and foreign postal services under special legislation57).

57) Act No. 29 / 2000 Coll., on postal services and amending certain laws (Act on postal services), as amended. '

5. in Article 5 (5), the word "business 24c)" shall be replaced by the words "business establishment (" plant ") 24c)."

Footnote 24c reads:

"24c) § 502 of the Civil Code. '.

6. In Article 5 (6), the words "the Czech person 'are replaced by the words" a citizen of the Czech Republic'.

7. Paragraph 6 (1), including footnote 58, reads as follows:

"(1) The general conditions for the pursuit of the business by natural persons, unless otherwise provided for in this law, shall be:

(a) full autonomy, which may be replaced by the authorisation of a court to approve a legal representative of a minor for the separate operation of a business activity (58); and

(b) integrity.

58) § 33 of the Civil Code. '

8. In Article 6 (3), the first sentence is replaced by the following: "Honesty shall be established for citizens of the Czech Republic by a record of the Register of Penalties and for persons who are citizens of another Member State of the European Union by the documents referred to in Article 46 (1) (a). For persons who are not citizens of the Czech Republic or of another Member State of the European Union, the documents referred to in Paragraph 46 (1) (b) and an extract from the Register of Penalties shall be established in the case of persons who are authorised to reside on the territory of the Czech Republic; they show integrity as well as citizens of the Czech Republic."

9. in § 7 (4), § 7 (5) (e), § 8 (1) (a) and (b), § 10 (4), § 11 (4) (b), § 17 (5) (c), § 31 (11), § 45 (2) (c), § 45 (3) (c), § 46 (1) (e), § 46 (2) (e) and (g), § 47 (2) (a), § 47 (3) (a), § 48 (1), § 60 (2) (a) and § 62 (1) (j), the word "undertaking" shall be replaced by "plant."

10. In Article 10 (4), the part of the sentence behind the semicolon, including the semicolon and footnote 28, is deleted.

11. in the first sentence of Article 10 (5), the words "if they are entered in such a register under another law" shall be inserted after the words "or similar register."

12. Paragraph 10 (6) reads:

"(6) Where a trade licence is issued to a natural person who has not yet been assigned a person's identification number, the trade mark office shall assign to him the identity number of the person provided by the administrator of the basic register of persons (28d). ';

13. in Article 11 (3):

"(3) The responsible representative may not be the person who maintains an obstacle to the operation of the trade pursuant to § 8. A person who has been revoked of a trade licence pursuant to Paragraph 58 (2) or (3) may not be the responsible representative in the trade or related trade-related field for a period of 1 year from the legal authority of the decision to revoke a trade licence; This does not apply if the trade licence has been revoked because the trade licence has not been operated for more than 4 years. The responsible representative of a legal person may not be a member of the supervisory board or other supervisory body of that legal person. ';

14. Article 12 shall be deleted;

15. Paragraph 13, including footnote 26, 28a, 29, 59 and 60, reads as follows:

„§ 13

Continuing business in the death of an entrepreneur

(1) If an entrepreneur dies, they may continue to operate the business under the conditions laid down in paragraphs 2 to 5 until the end of the proceedings to discuss the inheritance,

(a) the manager of the estate, or the executor of the will, if the management of the estate belongs to him (29);

(b) heirs by law if they are not heirs of the will,

(c) heirs of the will and the surviving spouse or partner (28a), even if he is not the heir, if he is the joint owner of the property used for the pursuit of the business;

(d) an insolvency administrator established by a court under special legislation26), but not later than the end of insolvency proceedings, and a winding-up truster59),

(e) the surviving spouse or partner (28a) meeting the condition referred to in (c), provided that the succession does not continue in business; or

(f) the trustee 60) if the race has been put into the trust fund by the acquisition of death.

(2) Where the manager of the estate called upon by a deceased entrepreneur, or the executor of the will, is responsible for the management of the estate, or the person referred to in paragraph 1 (b), (c) or (e) intends to continue the business on the basis of the entitlement of the deceased entrepreneur, he shall notify the trade office within 3 months of the date of the death of the entrepreneur, unless otherwise provided for in this law. If that period expires in vain, the business licence of the deceased entrepreneur shall cease on the date of his death, unless the business of the trustee appointed by the court, the trustee, the insolvency or the liquidator continues to run. If the person referred to in the first sentence who intends to continue the business activity does not comply with the conditions laid down in § 6 or 7 or if there are obstacles to it pursuant to § 8 or if he does not reside in the territory of the Czech Republic, if required by that law, he shall immediately appoint a responsible representative.

(3) Where the person referred to in the first sentence of paragraph 2 who has notified the continuation of the business in accordance with paragraph 2 has decided not to continue the business on the basis of the business authorisation of the deceased entrepreneur, he shall notify the business office accordingly. The right to continue the business shall cease to exist on the date of receipt of the notification to the trade office and, if no other authorised person continues to pursue the business referred to in paragraph 1, the trade authorisation of the deceased shall cease on that date.

(4) The trustee appointed by the court, the trustee, the insolvency or the liquidator is required to notify the continuation of the business within 1 month of the date of the death of the entrepreneur and, if he has been appointed later, within 1 month of his appointment. If the trustee appointed by the court, the trustee or insolvency administrator does not comply with the conditions set out in Section 7, he shall immediately appoint a responsible representative.

(5) Where the trade authorisation of a deceased entrepreneur has not expired pursuant to paragraph 2 or 3, the person referred to in paragraph 1 (b), (c) or (e) may, after the completion of the proceedings on the estate, continue to pursue the business, even if he has not notified the continuation of the business as referred to in paragraph 2. The continuation of the business must be notified by that person within 3 months of the end of the proceedings concerning the estate to the trade office and at the same time to declare the business or to apply for a concession under this law, otherwise the right to continue the business shall cease to exist in vain at the end of that period. The right to continue the business shall cease to exist for a person who has notified the continuation of the business activity in accordance with the sentence of the second sentence, at the latest on the date of the establishment of his own business licence or, in the case of the reporting business, by decision of the business office pursuant to § 47 (5) or (6) and, in the case of the licensed business, by the termination of the procedure or the rejection of the licence application. The trade authorisation of a deceased entrepreneur shall cease to exist by the futile expiry of the three-month period referred to in the sentence of the second or the date of termination of the right to continue the business of the last of the continuing persons.

(6) Paragraph 45, 46 and 50 shall apply mutatis mutandis to the details of the notification referred to in paragraphs 2 to 5.

(7) For the purposes of registration in the Trade Register, the court shall, at the request of the Trade Office, provide an indication of the final termination of the proceedings for the estate of a deceased businessman.

26) Act No. 182 / 2006 Coll., on bankruptcy and methods of its resolution (insolvency law), as amended.

28a) Act No. 115 / 2006 Coll., on Registered Partnership and amending certain related laws, as amended.

29) Articles 1553 to 1560 of the Civil Code. Section 157 to 159 of Act No. 292 / 2013 Coll., on Special Proceedings of the Court.

59) § 197, 203 to 205 of Act No. 292 / 2013 Coll., on special court proceedings.

60) Sections 1448 to 1456 of the Civil Code. '

16. In the first sentence of Article 17 (3), the words "if the entrepreneur has a right of ownership or use 'are replaced by the words" if the entrepreneur has a legal reason for their use' and in the second sentence, the words "right of ownership or use in objects or rooms' are replaced by the words" legal reason for use '.

17. in Article 17 (5) (c), the words "or place of business" shall be deleted;

18. In Article 17 (7), the words "or place of business' are deleted.

19. Paragraph 31 (2), including footnote 53, reads as follows:

"(2) The entrepreneur shall clearly indicate the object in which he is established, if different from his place of residence (§ 5 (2)), and the organisational component of the establishment, if any, by the business firm or by the name or by the name and surname and the identification number. The entrepreneur is obliged, at the request of the trade office, to prove the legal reason for using the premises in which he has his registered office in the Czech Republic and an organizational component of the plant. The entrepreneur need not prove the legal grounds for using the premises in which he has his registered office in the Czech Republic, if his registered office is the same as his residence (§ 5 (2)), except where his residence is at the registered address of the reports53), special matrices 53) or at the registered office of the administrative authority54), which has officially cancelled the indication of the place of registered residence in the Czech Republic.

53) Sections 10 (5) and 10a of Act No. 133 / 2000 Coll., as amended. '

20. In Paragraph 31 (11), the words "place of business' are deleted.

21. In Paragraph 31 (16), the last sentence is replaced by the sentence: "The address for settling commitments may not be the address of the entrepreneur if the address of the registered office is notified53), special matrices 53) or the address of the registered office of the administrative authority 54); This shall not apply if the entrepreneur proves a legal reason for using the premises on those addresses. ';

22. in Article 45 (2) (a), (c) and (d) and in Article 45 (3) (a), the words "descriptive and indicative numbers, if assigned," shall be replaced by the words "descriptive or registered or, where appropriate, indicative numbers."

23. Footnote 36a:

"36a) § 503 (2) of the Civil Code. '

24. in Articles 45 (2) (d), 47 (2) (d) and 60 (2) (a), the words "place of business" are replaced by the words "seat."

25. in Paragraph 45 (2) (j), the words "place of business" are replaced by the words "seat."

26. in Paragraph 46 (1) (a) read:

"(a) if the citizen of another Member State of the European Union is a citizen, an extract from the criminal record or an equivalent document issued by the competent judicial or administrative authority of that State or the Member State of last residence, or an extract from the criminal record of the criminal register of Annex 25b) containing information which is entered in the criminal record of the Member State of which he is a citizen or of the Member State of last residence; If the Member State of the last stay is the Czech Republic, the second sentence of Paragraph 6 (3) shall be followed. Where that State does not issue an extract from the criminal record or equivalent document, the natural person shall submit a declaration of integrity made before the notary or other competent authority of the Member State of which he is a citizen or before the notary or other competent authority of the Member State of last residence. Such documents shall not be more than 3 months old; the document referred to in this point may be replaced by evidence of recognition of professional qualifications, provided that it also demonstrates compliance with the conditions of integrity, ';

27. in Articles 46 (1) (b) and 46 (2) (b), the words "other relevant" shall be inserted after the words "notary";

28. in Paragraph 46 (1) (b), the words "and if no permanent residence is permitted in the Czech Republic" shall be inserted after the words "the State referred to in (a)."

29. in Paragraph 46 (1) (c):

"(c) if the responsible representative is a citizen of a Member State of the European Union, the documents referred to in (a), if the responsible representative is a citizen of a State other than a Member State of the European Union and if he is not authorised to reside in the Czech Republic, the documents referred to in (b); such documents shall not be more than 3 months old; ';

30. in Paragraph 46 (1) (e), the word "undertaking" is replaced by "establishment."

31. in Paragraph 46 (1) (f):

"(f) a document proving the legal basis for the use of the premises in which it has placed its registered office, if different from its residence (Section 5 (2)), or if it has its residence at the address of the registered seat (53), special matrices (53) or at the address of the registered seat (54), or where it has placed in the Czech Republic an organisational component of the plant of a foreign person; proof of the legal basis for the use of the premises shall be sufficient for a written declaration by the owner of the property, apartment or non-residential space where the premises are located to agree to the location; ';

32. in Paragraph 46 (2), the words "these documents may not be more than 3 months old" shall be added at the end of the text of points (a) and (b).

33.In Paragraph 46 (2) (c):

"(c) if the responsible representative is a citizen of a Member State of the European Union, the documents referred to in paragraph 1 (a), if the responsible representative is a citizen of a State other than a Member State of the European Union and if his permanent residence is not authorised in the Czech Republic, the documents referred to in paragraph 1 (b); such documents shall not be more than 3 months old; ';

34. in Paragraph 46 (3):

"(3) Where a notified minor who has been granted his or her right to exercise his or her right to exercise his or her right to exercise his or her right to exercise his or her right to exercise his or her right to exercise his or her right to exercise his or her right to exercise his or her right to exercise his or her right to exercise his or her right to exercise his or her right to exercise his or her right to exercise his or her right to exercise his or her right to exercise his or her right to exercise his or her right to exercise his or her right to exercise his or her right to exercise his or her right to exercise his or to exercise his or her right to exercise his or her right to exercise his or to exercise his or to exercise his or to exercise his or to exercise his or her right to exercise his or to exercise his or her power to exercise his or to exercise his or to exercise his or to exercise his or to exercise his or her power, or her power to exercise his power to exercise his or to exercise his power, or to exercise his or to exercise his or to exercise his or to exercise his or to exercise his or to exercise his power, or to exercise his or their power, or to exercise his or to exercise his or

35. In Article 46, the following paragraph 6 is added:

"(6) The applicant shall not be obliged to attach to the declaration the documents referred to in paragraphs 1 and 2 where the evidence is identifiable from the basic registers. ';

36. in § 48 (1), § 49 (4) and § 56 (5), the words "place of business" are replaced by the words "seat" and in § 49 (4) and in § 56 (5), the words "place of business" are replaced by "seat."

(37) footnote 31f is deleted, including the footnote reference.

38. in § 58 (1) (a):

"(a) an entrepreneur no longer fulfils the conditions laid down in Article 6 (1) (a) or (b),"

39. in Paragraph 58 (1) (b), the word "or" shall be deleted;

40. In Paragraph 60 (9) (h):

"(h) limitation of jurisdiction."

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Regulation Information

Citation	Act No. 303 / 2013 Coll., amending certain laws in connection with the adoption of the recdification of private law
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	30.09.2013
Effective from	01.01.2014
Effective until	-
Status	Valid

Legal Areas: Security Civil law Civil law substantive Administrative law Health

The regulation text is for informational purposes only.