Act No. 317 / 2001 Coll.
Act amending Act No. 40 / 1964 Coll., Civil Code, as amended, and amending other laws
Valid
Law
Effective from 01.01.2002
317
THE LAW
of 8 August 2001
amending Act No. 40 / 1964 Coll., Civil Code, as amended, and amending other laws
Parliament has decided on this law of the Czech Republic:
Change of notarial order
Act No. 358 / 1992 Coll., on notaries and their activities (notarial order), as amended by Act No. 82 / 1998 Coll., Act No. 30 / 2000 Coll., Act No. 370 / 2000 Coll. and Act No. 120 / 2001 Coll., is amended as follows:
1. The following Section 35b is inserted after Section 35a, including the title:
"Register of collateral
(1) The register of collateral is a non-public list, in electronic form, which runs, operates and manages the Chamber.
(2) The following information is recorded in the register of pledges:
(a) the designation of the pledge;
(b) the amount and the legal basis for the claim secured;
(c) the lien debtor, the lien and the lien creditor, by stating the name, surname, birth number or date of birth, or, where applicable, the identification number, and the place of permanent residence, if the natural person is not resident in the Czech Republic, or the name, surname, birth or other identification number, the date of birth, residence abroad, and the place of temporary residence in the Czech Republic, if he is known, if the natural person is not domiciled in the Czech Republic, or if the name of the company or the company is located in the Czech Republic, or if he is not known about the company or name, the identification number or other similar identification number or designation, the identification number of its organisational file or the company in the Czech Republic, if he is located abroad,
(d) the date of creation and the legal reason for lien;
(e) the date and time of registration.
(3) The courts and administrative offices are required to send the Chamber a final decision on the establishment of a lien on immovable property which is not the subject of registration in the property register, the lien on a collective, lien on a set of items and the lien on movable property for which a lien has been established without being surrendered to a lien creditor or a third party to make an alert in the Register of liens within 30 days of the legal power of the decision.
(4) The entries and deletions from the Register of Deposits are carried out by the notary by electronic data transmission. Records of liens shall be carried out by the Chamber on the basis of a decision of the court or administrative office.
(5) The person who acts in confidence in the content of the registration or entry into the register of collateral may not object to the fact that the content of the entry or entry is not in conformity with the facts.
(6) Any notary shall, at his request, issue a copy or extract from the Register of Deposits or a certificate stating that a particular item, mass item or set of items is not registered as a security.
(7) With the written consent of the owner of the movable item, any notary shall, upon request, issue a copy or extract from the Register of pledges or confirmation that a particular item, mass item or set of items is not registered as collateral.
(8) The Chamber of Commerce shall adopt a regulation laying down the procedure and procedure for the registration, entry, deletion, copy and extract of the register of pledges and the procedure for the management, operation and administration of that register. The approval of the Ministry of Justice (hereinafter referred to as "the Ministry ') is required for the validity of this Regulation.
(9) The Ministry shall determine by decree the amount and method of determining the remuneration and reimbursement of the final expenses of notaries and chambers associated with the management, operation and administration of the register of collateral. "
2. In Paragraph 37 (4), "Ministry of Justice of the Czech Republic (" Ministry of Justice ')' is replaced by "Ministry '.
Amendment of the Civil Code
Act No. 2000 / 2000 Coll., Act No. 2000 / 2000 Coll., Act No. 2000 / 2000 Coll., Act No. 2000 / 2000 Coll., Act No. 120 / 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. 117 / 1994 Coll., Act No. 247 / 1995 Coll., Act No. 31 / 1992 Coll., Act No. 142 / 1996 Coll., Act No. 171 / 1993 Coll., Act No. 160 / 1995 Coll., Act No. 117 / 1995 Coll., Act No. 152.
1. The following Section 38b is inserted after Section 38a:
Assistant Supreme Court Judge
The Assistant Judge of the Supreme Court shall perform individual civil proceedings under the authority of the Supreme Court Judge. It shall be governed by a special law. ';
Article 2 (200y) and (200z), including the title, read:
"Proceedings for the sale of collateral
(1) Proceedings for the sale of the pledge shall be initiated on the basis of an action by the lien creditor seeking the order for the sale of the lien; This does not apply if specific legislation does not allow the legal sale of the pledge.
(2) The parties are the lien creditor and the lien debtor.
(1) The Court of First Instance shall order the sale of the security where the lien creditor provides proof of the secured claim, the lien to the lien and who is the lien debtor.
(2) The case may be decided without the regulation of the hearing only under the conditions set out in Paragraph 115a or if the facts referred to in paragraph 1 are supported by documents issued or certified by the public authorities or by the public notary.
(3) Decisions shall be taken by order. ';
3. The following Section 200za is inserted after Section 200z:
(1) The resolution on the regulation on the sale of the pledge is enforceable on the date on which it acquired legal authority.
(2) The final resolution on the regulation on the sale of the pledge is binding on anyone against whom the lien is based under special legislation on such lien.
(3) According to the enforceable order on the regulation on the sale of the pledge, enforcement of the decision by the sale of the pledge may be ordered on a proposal from the lien creditor. '
4. § 200aa is deleted.
5. In Paragraph 258 (3), the words "sales' are replaced by the words" sales' and the words "goods and immovable property 'are replaced by the words" and immovable property, mass goods, sets of goods and apartments or non-residential premises owned under a special law, by the order of a stopped cash claim and the disability of other property rights'.
6. In the first sentence of Article 261a (4), the words "decision on sale 'are replaced by the words" order on the sale order'.
7. in Paragraph 268, the following paragraph 3 is inserted after paragraph 2:
"(3) The execution of the decision by the sale of the pledge shall also be terminated if the lien has expired. ';
Paragraph 3 shall become paragraph 4.
8. In Paragraph 335 (1), the following sentence is inserted after the first sentence: "Real estate is, in the course of the execution of the decision, the property and real estate or non-residential premises owned under a special law."
9. In Paragraph 338a (1), the word "pledges' is replaced by" movable goods and immovable property stopped '.
10. in Article 338a (3), the words "decision on sale" shall be replaced by the words "order on the sale order."
11. in Paragraph 338a, paragraph 4 is deleted;
12. The following Section 338zq is inserted after § 338zq, which includes the title:
"Sale of collateral
(1) The enforcement of a decision by the sale of a stopped undertaking shall be subject to the provisions on the enforcement of a decision by the sale of an undertaking, unless otherwise provided by law.
(2) Paragraph 338f (2) and (3) shall not apply to the enforcement of a decision by the sale of a stopped undertaking, unless it is a proposal by another creditor in the order on the regulation on the sale of the pledge and § 338s, unless the creditor has entered into a claim secured by the security sold. '
Transitional provisions
1. The law also applies to legal relationships arising before the date of entry into force of this law; However, the existence of such legal relations and the claims arising from them before the date of entry into force of this Act shall be assessed in accordance with existing legislation.
2. The procedure for the sale of the pledge under Articles 200z, 200z and 200aa of the Civil Code and the enforcement of the decision on the sale of the pledge initiated before the date of entry into force of this Act shall be completed in accordance with the existing legislation.
Efficacy
This Act shall take effect on 1 January 2002.
Klaus v. r.
Havel v. r.
Zeman v. r.
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Regulation Information
| Citation | Act No. 317 / 2001 Coll., amending Act No. 40 / 1964 Coll., Civil Code, as amended, and amending other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.09.2001 |
|---|---|
| Effective from | 01.01.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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