Act No. 312 / 2013 Coll.
Act amending Act No. 301 / 2000 Coll., on Matrices, Names and Surnames and on the Amendment of Certain Related Laws, as amended, and other Related Laws
Valid
Law
Effective from 01.01.2014
Contents
Zobrazeno prvních 200 z celkem 464 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
312
THE LAW
of 13 September 2013
amending Act No 301 / 2000 Coll., on Matrices, Names and Surnames and on the Amendment of Certain Related Laws, as amended, and other Related Laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Matrix Act, name and surname
Act No. 301 / 2000 Coll., on Matrices, Name and Surname and on the Amendment of Certain Related Acts, as amended by Act No. 320 / 2002 Coll., Act No. 578 / 2002 Coll., Act No. 165 / 2004 Coll., Act No. 422 / 2004 Coll., Act No. 499 / 2004 Coll., Act No. 21 / 2006 Coll., Act No. 115 / 2006 Coll., Act No. 165 / 2006 Coll., Act No. 342 / 2006 Coll., Act No. 239 / 2008 Coll., Act No. 142 / 2012 Coll., Act No. 167 / 2012 Coll., and Act No. 333 / 2012 Coll., Act No. 227 / 2009 Coll., Act No. 375 / 2011 Coll., Act No. 89 / 2012 Coll., Act No. 142 / 2012 Coll.
1. Paragraph 1 (1), including footnote 15, reads as follows:
"(1) Matrix is state registration
(a) the birth, conclusion of marriage, the creation of a registered partnership (hereinafter referred to as "partnership") and the death of natural persons in the Czech Republic;
(b) the birth, conclusion of marriage, establishment of partnerships and deaths abroad, if they are nationals of the Czech Republic (hereinafter referred to as "the citizen"); and
(c) the conclusion of marriages abroad if the life of the fiancé was directly threatened by 15) and not by citizens.
15) Article 667 of the Civil Code. '.
2. in § 1 (2) (c), § 4 (2), § 4a (2), part 1 of Title I of Part 6 and § 73a, the word "registered" shall be deleted;
3. In Paragraph 1 (3), the word "registered 'is replaced by" book'.
4. In Paragraph 1 (4), the word "registered 'is replaced by the word" origin'.
5. The following Section 1a is inserted after Section 1:
In this law, minors are understood to be a natural person under the age of 18 who has not acquired full autonomy. '
6. In Article 3, the following paragraph 3 is inserted after paragraph 2:
"(3) The competent authority responsible for the acceptance of the declaration of entry into the partnership (hereinafter referred to as the" Registration Authority ") shall keep one matrix for the administrative district as defined in the implementing legislation [Paragraph 2 (1) (a)]. '.
Paragraphs 3 to 5 shall be renumbered paragraphs 4 to 6.
7. in Article 4 (2) and Article 4a (2), the words "if there is a birth, marriage or death," shall be inserted after the words "31 December 1958."
8. in Article 4 (3) and Article 4a (3), the words "when it comes to the birth, marriage or death" shall be inserted after the words "31 December 1958."
9. Paragraph 4 (4) is deleted.
10. in Paragraph 4a (1):
"(1) The Regional Authority shall check the performance of the delegated function on the matrix, use and change of name and surname of the authorities with extended competence in its administrative district at least once a year. ';
11. in Paragraph 4a (4):
"(4) The Regional Office shall perform a proficiency test for the management of the matrix books and for the performance of the tasks provided for in the management of the matrix books and documents (hereinafter referred to as the" test ") with the municipality employee, in the capital city of Prague, the City Department of Defence employee or the Ministry of Defence employee included in the matrix office (hereinafter referred to as" the Matrikator "), which is included in its administrative district. '
12. Paragraph 4b (2) is deleted and paragraph 1 is deleted.
13. In Article 6, the following paragraph 3 is added:
"(3) The entries of matrix events, matrix facts, additional entries, changes and corrections by computer shall be made on the basis of a closed entry in the volume of the matrix book handwritten. Where the data in the entry made using computer techniques are distinguished from those in the matrix book by manuscript, they shall be considered to be the correct data in the matrix book by manuscript. '
14. In Article 7, at the end of the text of paragraph 4, the words "unless otherwise specified hereafter 'shall be added.
15. The following heading is inserted above Section 8: "Collection of documents' and Section 8 is deleted:
16. In the first sentence of Article 8 (1), the words "and the Registration Office for the Partnership Book 'shall be inserted after the words" Death Book'.
17. in Article 8, paragraphs 6 to 10 are deleted;
18.
(1) The Matrix Office, the Extended Authority or the Regional Authority shall allow access to the collection of documents or a copy of the Matrix Book held by 31 December 1958 and make extracts thereof in the presence of the Matrix or issue a certificate of the particulars given in the Collection of Documents it maintains or in the duplicate of the Matrix Book held by 31 December 1958.
(a) the natural person to whom the registration relates, or the members of his family, his siblings and their agents;
(b) for the official use of the public authorities or the exercise of the delegation of powers to the authorities of the local authorities;
(c) the statutory bodies of the churches or the spiritual bodies empowered by them, if they go on a matrix book managed by those churches until 31 December 1949; or
(d) a natural person who proves that this is necessary for the exercise of his rights before the authorities of the State or the authorities of the local authorities.
(2) The Registration Authority, the Extended Authority or the Regional Authority will allow access to the collection of documents held in the Partnership Book and to make extracts thereof in the presence of the Matrix or issue a certificate of the data contained in the List
(a) the natural person to whom the registration relates or his agent;
(b) for the official use of the public authorities or the exercise of the delegation of powers to the authorities of the local authorities; or
(c) a natural person who proves that this is necessary for the exercise of his rights before the authorities of the State or the authorities of the local authorities.
(3) In the event of adoption, only the adopters may consult the collection of documents or a duplicate of the matrix kept by 31 December 1958 and, after the completion of 12 years, the adopter, unless the court has decided to conceal the adoption; if the court has decided to withhold the adoption, the issuing authority may consult the collection of documents only after having acquired jurisdiction.
(4) Only the child's mother and, after 12 years, the child may be consulted on the collection of documents for the birth of a child whose mother has applied for the secrecy of her person in connection with the birth of the child.
(5) The Matrix Office, the Extended Authority or the Regional Office shall issue a copy of the collection of documents or a verbatim extract from the duplicate of the Matrix Book held until 31 December 1958, which may also be obtained by copies of the Matrix Register, for the official use of the State authorities or the exercise of the delegation of the authorities of the local authorities.
(6) For the purposes of this Act, a spouse, partner, parents, children, grandparents, grandchildren and grandchildren shall be considered members of the family.
22) § 37 of Act No. 372 / 2011 Coll., on Health Services and the Conditions for Their Provision (Health Services Act). '.
19. The following Section 8b is inserted after Section 8a:
If the original of the matrix book and the duplicate of the matrix book held until 31 December 1958 is stored in the National Archive, the Military Historical Archive, the State Regional Archive or the Archive of the City of Prague,
(a) the archive in which the original of the matrix book is stored shall carry out an additional entry of the matrix event, matrix facts, corrections or amendments to that original. The registration shall be dated and signed by the archivist. The Charter on the basis of which the additional registration according to the first sentence has been carried out, together with a written communication with the text of that registration, shall be transmitted by that archive to the National Archive, the Military Historical Archive, the State Regional Archive or the Archive of the City of Prague, in which the duplicate of the Matrix Book kept until 31 December 1958 is deposited,
(b) the archive in which the duplicate of the matrix book kept by 31 December 1958 is kept shall carry out an additional entry into that duplicate of the matrix event, the facts of the matrix, the corrections or amendments made on the basis of the written communication referred to in (a). The documents on which the additional entry according to the first sentence has been made shall be entered in a separate component for each calendar year, with reference to the original of the matrix book in which the additional entry of the matrix event, matrix facts, corrections or amendments have been made. The entry shall be dated and signed by the archivist. ';
20. in Article 9 (1), the words "an extended office or" shall be deleted;
21. In the first sentence of Paragraph 9 (2), the words' an extended office or 'shall be deleted.
22. footnote 3 is deleted, including the footnote reference.
23. The following Section 11a is inserted after Section 11:
(1) The concubines will show their will to join the marriage before
(a) the mayor, vice-mayor or authorised member of the council of the municipality, the city of the capital of Prague, the city district or the urban part of the territorial division of the statutory city which is the matrix office, and only in the administrative district of that matrix office;
(b) the mayor or deputy mayor of the municipality, the city of the capital of Prague, the urban district or the urban part of a territorial subdivided statutory city which is not a matrimonial office, if one of the bridesmaids is registered for permanent residence in its administrative district, only in the administrative district of that municipality, the urban part of the capital of Prague, the urban districts or the urban parts of the territorial subdivided statutory cities;
(c) Mayor of the capital city of Prague, Deputy Mayor of the capital city of Prague or authorised member of the council of the capital of Prague as well as before the mayor of the statutory city, Deputy Mayor of the statutory city or appointed member of the council of the statutory city, only in the administrative district of the capital of Prague or the statutory city.
(2) A declaration by the spouses referred to in paragraph 1 that they are entering into a marriage shall be made in the presence of a matrimonial of the Registry in whose administrative district the marriage is concluded.
(3) The marriage is concluded at a place designated by the municipality for the ceremony.
(4) If the life of the fiancé is directly threatened by 15), the fiancé will show the will to marry each other in front of the mayor, deputy mayor or authorized member of the council of the municipality, the city of the capital of Prague, the city district or the city of a territorial division of the statutory city or an official assigned to the municipal office, in any place without the presence of a matriarch. "
24. footnote 4:
"4) § 666 (1) of the Civil Code. '
25. In Paragraph 13, the following sentence is added at the end of paragraph 1: "The documents necessary for the conclusion of the marriage must be provided for the application for certification. Where the spouses apply for a certificate by means of an agent, their signatures must be officially authenticated. ';
26. The following Section 13a is inserted after Section 13:
(1) The registration authority shall be responsible for the registration of the partnership.
(2) Persons entering the partnership shall make a declaration in person in front of the Registry Registry.
(3) The registration office shall accept a declaration on the spot which it shall designate in its administrative district. "
27. Part 1, Title The words "partnership" shall be inserted after the word "marriage."
28. footnote 5 is deleted, including the footnote reference.
29. in Paragraph 15 (2), the word "established" is replaced by the word "appointed."
30. In Article 15, the following paragraph 5 is added:
"(5) The Agency shall immediately communicate to the health service provider, upon request, the birth of which it has notified pursuant to paragraph 1. ';
31. in Article 16 (3) of the introductory part of the provision, the words "or the father of which is the man who gave consent for artificial fertilisation" shall be inserted after the word "paternity."
Footnote 23 reads:
23) § 778 of the Civil Code.
32. in Article 16 (3) (b), the words "or the written consent of the man who has given to artificial insemination, certified by the health service provider," shall be inserted after the words "parents of determination of paternity."
33. In Paragraph 16, the following paragraphs 4 and 5 are inserted after paragraph 3:
"(4) For the entry in the birth book of a child born outside a medical institution whose mother has not even subsequently been provided with medical services, one of the parents shall submit, in addition to the documents referred to in paragraphs 1, 2 or 3, the additional documents necessary to demonstrate that the mother of the child is the woman who gave birth.
(5) If a parent is deaf, mute or does not speak or understand Czech, the presence of interpreter 6 is necessary for the parent's consent to determine paternity). The participation of the interpreter shall be provided by one of the parents at his own expense, unless otherwise provided for in specific legislation. Without the interpreter's presence, the parent's declaration of paternity cannot be made in these cases. If it is not an interpreter appointed by the Minister of Justice or by the President of the Regional Court, the interpreter must take the oath in the hands of the Matrix, as promised under the Law on Experts and Interpreters. Fatherhood can only be determined once by a parent's consent declaration and cannot be withdrawn. At the same time, parents shall confirm with their signature that they have not established paternity status for this child before another matrix office or before a court. '
Paragraph 4 shall become paragraph 6.
34. In Article 16 (6), the words ", asylum seeker or beneficiary of supplementary protection 'shall be inserted after the words" Republic'.
35. in Paragraph 17 (1), footnote 6a is replaced by footnote 22;
36. footnote 6a is deleted, including the footnote reference.
37. The following Section 17a is inserted after Section 17, including footnote 24:
An additional record of sex change shall be made in the birth book on the basis of a certificate issued by a health service provider which is obliged to notify that certificate to the Matrix Office within 3 working days of the date of the sex change. The date of sex change is the date specified in this confirmation24). The model of confirmation by the health service provider of the initiation and termination of sex-change treatment shall be determined by the Ministry by implementing legislation.
24) Paragraph 29 (1) of the Civil Code. '
38. In Article 18 (1), the words "or where a parent is deprived of parental responsibility by a final decision of the court, or suspended from exercising parental responsibility by a final decision of the court, or is deprived of legal capacity by the parent, or is restricted to his capacity for legal action 'shall be replaced by the words" being deprived of parental responsibility or being restricted or suspended from exercising his parental responsibility in this field'.
39. Paragraph 19 (3), including footnote 8, reads:
"(3) A child who is born between the time of marriage and the end of the third day after the marriage has expired or has been declared invalid, or after the mother's husband has been declared missing, a surname agreed upon by the spouses at the time of marriage, unless the mother has concluded a new marriage (8) shall be entered.
8) § 776 (1) of the Civil Code. '
40. In Paragraph 19, the following paragraph 4 is inserted after paragraph 3:
"(4) If a child who is conceived by artificial insemination is born, a woman who is not married, who is deemed to be the father of a child, the man who gave consent to the artificial insemination (23) shall be entered in the birth book of the surname on which the parents have agreed in accordance with paragraph 2. ';
Paragraphs 4 and 5 shall become paragraphs 5 and 6.
41. After Paragraph 20, the following Section 20a is inserted:
Book of Partnership
(1) The list of partnerships is to be entered
(a) names and surnames, surname, date, month, year and place of birth, birth numbers, personal status and citizenship of partners, where applicable;
(b) the date, month, year and place of the declaration of entry into the partnership;
(c) the names and surnames and, where appropriate, the surname, date, month, year and place of birth of the parents of the partners;
(d) the date of registration and the signature of the Registry.
(2) Entry into the Partnership Book shall be made on the basis of the Partnership Protocol (Section 40a). The registered data shall be verified by the Registry from the documents needed to enter the partnership (Sections 33 to 35). '
42. In Article 21 (2) (a) and Article 22 (1), the word "dead" shall be replaced by the word "deceased."
43. Paragraph 21 (3), including footnote 9, reads:
"(3) The health service provider shall notify the competent authority of the death within 3 working days of the examination of the deceased's body or, where appropriate, of the autopsy on the death certificate.
9) Decree No. 297 / 2012 Coll., on the terms of the Charter on the examination of the deceased, the manner in which he is to be filled in and the transfer of the places of destination, and on the particulars of the notification of termination of pregnancy by the birth of a dead child, the death of the child and the death of the mother (Order on the Charter on the examination of the deceased). '.
44. in Article 22 (2), the words "the seat of the matrix office responsible for the registration of death in the matrix book" shall be replaced by "the place where the body was found (25)."
footnote 25:
25) Paragraph 28 (1) of the Civil Code. '
45. in Article 23 (1), the following point (c) is inserted after point (b):
"(c) a book of partnerships for 75 years,"
Point (c) shall be renumbered (d).
46. in Article 23 (3), the following point (c) is inserted after point (b):
"(c) if the entries for partnership are made, the collections of documents for 75 years,"
Point (c) shall be renumbered (d).
47. In Article 24, the words "and bearing special security features against counterfeiting and alteration 'shall be added at the end of the text of paragraph 1.
48. The following Section 24a is inserted after Section 24:
The birth certificate shall show birth, the marriage certificate shall show marriage, the partnership document shall show the creation of a partnership and the death certificate shall show death. ';
49. In Paragraph 25 (1) of the introductory part of the provision, the words "or, where appropriate, in the collection of documents' are deleted.
50. in Paragraph 25 (1) (a), the words "authorised representatives" shall be replaced by the words "further agents of such persons."
51. in Paragraph 25 (2), the words "reaching maturity as well as the endowment" shall be replaced by the words "completion of 12 years as well as the endowment, unless a court has decided to conceal the adoption; where the court has decided to withhold the adoption, it may only examine the registration after having acquired jurisdiction. ';
52. In Paragraph 25, the following paragraph 3 is inserted after paragraph 2:
"(3) Only the mother of the child and, after 12 years, the child may be consulted on the birth of a child whose mother has requested the secrecy of her person in connection with the birth of the child. '
Paragraphs 3 to 6 shall be renumbered paragraphs 4 to 7.
53. In Article 25 (5), the words "to the person who 'shall be inserted after the words" or'.
54. Paragraph 25 (6) and (7) read:
"(6) The literal extract from the matrix book is published
(a) the natural person referred to in paragraph 1 (a);
(b) for the official use of the public authorities or the exercise of the delegation of powers to the authorities of the local authorities;
and can also be obtained by copies of the matrix registration.
(7) Where a natural person referred to in points (a), (c) and (d) of paragraph 1 or paragraph 5 applies for the issue of a matrix document or a literal extract from the matrix book by means of an agent, his signature shall be officially verified in full authority. ';
55. The following Sections 25a and 25b are inserted after Section 25:
(1) The Registration Authority shall issue a Partnership Document or allow consultation into the Partnership Book and make extracts thereof in the presence of the Matrix
(a) the natural person to whom the registration relates or his agent;
(b) for the official use of the public authorities or the exercise of the delegation of powers to the authorities of the local authorities; or
(c) a natural person who proves that this is necessary for the exercise of his rights before the authorities of the State or the authorities of the local authorities.
(2) A verbatim extract from the partnership book is issued
(a) the natural person referred to in paragraph 1 (a); or
(b) for the official use of the public authorities or the exercise of the delegation of powers to the authorities of the local authorities;
and can also be obtained by copies of the matrix registration.
(3) Where the natural person referred to in points (a) and (c) of paragraph 1 requests the issue of a matrix document or a literal extract from the matrix book by means of an agent, his signature must be officially verified in the mandate.
(1) The Matrix Office shall issue a Matrix Document to a natural person or allow him to consult the Matrix Book and make extracts thereof in the presence of a Matrix, if a period of 100 years for the Book of Birth, 75 years for the Book of Marriage or the Book of Partnership and 30 years for the Book of Death has elapsed since the implementation of the registration in question in the Matrix Book.
(2) The Matrix Office, the Extended Authority or the Regional Office shall allow access to the collection of documents or a copy of the Matrix Book held by 31 December 1958 and make extracts thereof in the presence of a Matrix, if a period of 100 years for the book of birth, 75 years for the book of marriage or the book of partnership and 30 years for the book of death has elapsed since the implementation of the registration in the Matrix. "
56. In Article 26 (1), the words "except for a copy of the registration," shall be inserted after the words "than the Czech language."
57. In the first sentence of Paragraph 26 (3), the words "and surnames' shall be inserted after the words" and surnames' and the words "and surnames' respectively.
58. In Article 26 (3), the sentence "If doubts arise as to the correct spelling of the name or surname, the citizen is obliged to submit a document issued by the expert (6). Where the common surname of the spouses is concerned, the surname shall be given in the language of the national minority only with the consent of the second spouse or, where appropriate, their minor child aged 15 years or older. ';
59. In Article 26, the following paragraph 4 is added:
"(4) The note of the alien's matrix document shall state the shape of his name and, where appropriate, the names and surnames indicated in Latin in his travel document. ';
60. The following Section 30a is inserted after Section 30:
The Partnership Document shall contain:
(a) the date, month, year and place of the declaration of entry into the partnership;
(b) the names, surnames and, where appropriate, the family names of the partners, and their birth numbers;
Contents
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 312 / 2013 Coll., amending Act No. 301 / 2000 Coll., on Matrices, Name and Surname and on the Amendment of Certain Related Acts, as amended, and other Related Acts |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.10.2013 |
|---|---|
| Effective from | 01.01.2014 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0