Act No. 319 / 1948 Coll.

Law on the Humanities of Justice

Valid Effective from 01.02.1949
319.
Law
of 22 December 1948
on the exploitation of the judiciary.
The National Assembly of the Czechoslovak Republic decided on the following Act:

ČÁST PRVNÍ.

Court organization.
§ 21.
Systemisation of professional posts of professional judges at district and county courts and conceptual officials at district and county prosecutors.
The official posts of the professional Judges of the District and Regional Courts and the posts of the Concept Officials of the District and Regional Prosecutors shall be organised as follows:
Stupnice funkčního služného:Systemisovaná místa:
II. Předsedové krajských soudů v Praze, Brně, Bratislavě a v Košicích.
III. Předsedové ostatních krajských soudů, náměstkové předsedů krajských soudů uvedených v II. stupnici funkčního služného, krajští prokurátoři v Praze, Brně, Bratislavě a v Košicích.
IV. Náměstkové předsedů ostatních krajských soudů, předsedové okresních soudů s nejméně 8 soudcovskými odděleními, ostatní krajští prokurátoři, náměstkové krajských prokurátorů uvedených v III. stupnici funkčního služného, okresní prokurátoři v sídlech okresních soudů, jejichž předseda je v IV. stupnici funkčního služného.
V. Předsedové ostatních okresních soudů, předsedové senátů krajských a okresních soudů, náměstkové ostatních krajských prokurátorů, ostatní okresní prokurátoři, náměstkové okresních prokurátorů uvedených v IV. stupnici funkčního služného.
VI. Ostatní soudci ustanovení u okresních soudů, náměstkové okresních prokurátorů uvedených v V. stupnici funkčního služného.
VII. Ostatní soudci ustanovení u krajských soudů.

ČÁST DRUHÁ.

Jurisdiction and procedure in civil matters.
Enforcement.
§ 23.
The judicial authority in civil matters shall be exercised by the district courts, the regional courts and the Supreme Court (ordinary courts), provided that the exercise of that power by law is not ordered by courts of special or arbitral courts.
§ 24.
The Court of Justice shall be exercised in two stools. The county court, the Supreme Court.
§ 25.
(1) In the court of the first storehouse, the judicial authority of the professional judge shall act as a single judge, if:
(a) the provision of evidence or the issue of payment orders in the proceedings of reminders, payment orders in the proceedings of orders and exchange orders, judicial statements and orders in the proceedings of rent (pacht);
(b) library and register (corporate) matters;
(c) cases of the undisputed judiciary, with the exception of decisions: the adjustment of the circumstances of the court protectors, the relationship between spouses and between parents and between parents and between parents, the inadmissibility of possession in a closed constitution and the waiver of incapacity and in matters under the law on the protection of tenants, the law on the granting of necessary travel and the law on restitution;
(d) cases of execution, with the exception of: disputes arising under or on the initiative of the execution procedure and decisions to postpone the execution;
(e) an interim measure where it has not been decided upon during the proceedings by the Chamber;
(f) acts of the bankruptcy and settlement commissioner;
(g) the acts of the Judge requested and by order of the person (s) in charge.
(2) The Minister of Justice may, by regulation, provide for other matters in which the judicial authority of an professional judge is to be exercised as a single judge.
(3) The provisions of the Act of 27 March 1931, No 57 Coll., on the use of officials of higher auxiliary judicial services in courts and departmental offices, Section 4, Section 1 of the Decree of the President of the Republic of 2 October 1945, No 90 Coll., on the treatment of certain organisational and service issues in the field of justice, and Section 43, Section 3 of the Law of 12 June 1942, No 112 of the SLA, on the organisation of courts, public action and administration, remain unaffected.
§ 26.
The meeting and the vote.
(1) The Chairman of the Chamber shall direct the deliberations and votes.
(2) The judges of the people vote before the judges of the profession, older before the younger. The President of the Chamber shall vote for the last time.
§ 27.
Rejection of judges.
(1) The President of the District Court shall decide on the rejection of the President of the District Court, the President of the Regional Court shall decide on the rejection of the President of the Regional Court. The President of the Court shall decide on the refusal of another Judge. The decision to reject the First President of the Supreme Court shall be taken by the Supreme Court in plenary.
(2) There is no appeal pending the decision to refuse.
§ 28.
Delegation.
(1) The right to a delegation lies with the Regional Court; However, if the case withdrawn is ordered by a court within the perimeter of another regional court, that right shall be exercised by the Supreme Court.
(2) At the request of a party or party, another court may also be delegated for reasons of suitability. In the execution, bankruptcy, settlement and non-dispute proceedings, this measure may also be taken at the request of the court.
(3) Where the enforcement creditor has more execution in different courts against the same debtor, the measure referred to in paragraph 2 may also be applied to individual enforcement operations, provided that the nature of the execution of the merger permits such acts.
(4) The proposal on the delegation has no suspensory effect. It is decided without oral action. The Tribunal determining the delegation may carry out the necessary inquiries before a decision is taken.
(5) There is no appeal pending the decision on the delegation.
§ 29.
Legal assistance at the request of a foreign court or office.
(1) If the requested court has doubts as to whether legal assistance may be granted to a foreign court or authority, it shall notify the Ministry of Justice, which shall arrange for what is necessary. The measure of the Ministry of Justice is binding on the requested court.
(2) The provisions of paragraph 1 shall apply mutatis mutandis if they arise from the provision of legal assistance between the court (s) of the applicant and the requested disagreement of any kind.
Loyalty.
§ 30.
Save as otherwise provided for in this law, legal orders in accordance with the provisions of the first storehouse of regional and territorial (main) courts, labour courts (hereinafter referred to as labour disputes) or mining arbitrators shall belong to the district courts and civil matters.
§ 31.
Of the civil matters governed by the laws of the so far regional courts, only matters of property law remain before those courts, in which one party (participant) is a national undertaking.
Complement the local jurisdiction regulations.
§ 32.
Where there are persons employed in a place different from the place of the establishment or establishment, the court in whose district the establishment or establishment is situated or the court in whose district the work or salary is to be carried out shall be responsible locally for the labour disputes.
§ 33.
Where, according to the existing rules, the domestic law of the party (s) has been determined by the local jurisdiction, the court in Prague or Bratislava shall be responsible; If the court is a district court in Prague, the competent district court is a civil court for internal Prague.
§ 34.
The competent authority of the Member State of residence or of the Member State of residence shall inform the competent authority of the place of residence.
§ 35.
Change of jurisdiction.
The court which authorised the execution or execution shall decide on the opposition to the authorisation of an execution or an execution on the basis of a foreign enforcement order.
§ 36.
Disputes of jurisdiction between courts of the ordinary and special and arbitrators.
Disputes of jurisdiction between ordinary and special courts and arbitration courts shall be decided by the regional court in whose district they have their seat; If there is a dispute between courts in different regional courts, the Supreme Court shall decide. If, in this case or in the case of the question of jurisdiction, the Regional Court has already decided on the decision of the dispute on jurisdiction called upon or the Supreme Court, that decision shall be binding.
§ 37.
Leading public books.
(1) Public Real Estate Books are kept by district courts. The competent authority of the public book shall, unless otherwise specified, be the district court in whose district the property which forms the library body is wholly or principally owned.
(2) Land records and land books held by the regional civil court in Prague are managed by the civil district court for internal Prague; the county records kept by the Regional Court in Brno are managed by the local civil court in Brno; the county records kept by the regional court in Opava are managed by the district court in Opava.
(3) The upper books shall:
(a) Regional Court in Pilsen for Regional Courts Circuits in Prague, Pilsen and České Budějovice;
(b) the District Court of the District Court of the District Court of Ústí nad Labem;
(c) Kutná Hora District Court for Regional Courts Circuits in Pardubice, Hradec Králové and Liberec;
(d) the Regional Court in Cheb for Regional Court in Karlovy Vary;
e) District Court for Ostrava-West in Ostrava for the districts of the Regional Courts in Brno, Olomouc, Ostrava, in Zlín and in Jihlava;
(f) Banská Bystrica District Court for District Courts Circuits in Bratislava, Banská Bystrica, Nitra and Žilina;
(g) the District Court in Spišská Nová Vsi for the District Courts Circuits in Košice and Prešov.
(4) The railway book kept by the regional civil court in Prague is headed by the civil district court for internal Prague. The competence of the local civil court for Brno and the county court in Bratislava to lead the railway books remains unaffected.
§ 38.
Management of commercial and social registers.
(1) Commercial (corporate) and social registers are managed by a district court in the seat of the Regional Court for the entire district court. In Prague, these registers are run by a civil district court for internal Prague, in Brno a civil district court for Brno-town, in Ostrava a district court for Ostrava-west.
(2) The regional courts responsible for the management of commercial (corporate) and social registers also issue confirmation that trade books are properly maintained under the legislation.
§ 39.
Representation.
(1) In proceedings before the courts of the first stools, parties (participants) shall not be required to be represented by a lawyer; If the value of the object of the dispute does not exceed 5 000 CZK, the representation of the lawyer shall be excluded in the labour disputes. In appeal proceedings, the parties must be represented by a lawyer, but in labour disputes, employees may also be represented by the rights of experts of the Unified Trade Union Organisation.
(2) Any eligible person who is self-entitled, stateably reliable and civil-good may be a proxy and, if he is not a lawyer or notary, swear to represent the party (s) without payment. If the party (s) is not able to make a clear statement, the court may order it to appoint an agent.
Driving.
§ 40.
(1) Unless otherwise provided for in this law, the current rules on proceedings before the District Courts shall apply to proceedings before the Court of First Instance.
(2) If the court of the first seat of the Chamber decides, the rights and obligations of the President of the Chamber shall be governed by the existing provisions on the rights and obligations of the President of the Chamber before the Regional Court.
(3) Where the Supreme Court decides as an appeal court, the provisions of the Civil Rules of Procedure on appeal shall apply to the proceedings before it.
§ 41.
When an action is brought, the court shall, on its own initiative, examine whether it is an occupational or national insurance dispute. A Party may object that it is or is not such a dispute, not later than the first year (oral hearing) before it entered into negotiations on the substance of the matter. Where there is doubt or objection, the court shall decide on the matter separately; a recursion is permitted in the decision. In the main case, the court only continues after the legal power of this decision.
§ 42.
The parties may submit, after one preparatory file, only if the court at the oral hearing so agrees, as these are large-scale factual claims or complex legal relationships. Where the parties are represented by lawyers, the court may, in such cases, order them to submit the preparatory file; If they are not, the President may hear the oral hearing of the Party and draw up a report thereon.
§ 43.
Even in the legal proceedings at issue, the court may carry out any evidence of its own volition; In its decision-making, it shall also take account of the facts which were not brought forward by the parties, but which have come out differently in the proceedings.
§ 44.
Where the current rules on legal proceedings provide for a period of 14 days, that period shall be replaced by a period of 15 days.
§ 45.
Judgments shall be drawn up in writing and served on the parties; the period of appeal shall be calculated from the date of service.
§ 46.
An appeal before the court of the first storehouse may be brought orally to the record or by written document. The appeal shall also include at least brief reasons, factual claims and indication of evidence; No need for a lawyer's signature.
§ 47.
(1) The Court of Appeal shall reexamine the case within the limits of the appeal applications. If the evidence already made is to be repeated or if the results of the evidence previously made are to be used, the Court of Appeal shall decide carefully on the value of all the circumstances of the case.
(2) The parties may also present facts in the appeal proceedings and offer evidence which has not been given or offered in the proceedings before the first court.
§ 48.
Recourse can be supported by new facts and new evidence.
§ 49.
(1) In the appeal proceedings, the right to reimbursement of the costs of the appeal proceedings may not be waived, nor may the action be amended with the consent of the defendant.
(2) The pleas and pleas may be amended before the end of the oral appeal proceedings; However, the costs incurred by this need to be compensated by opponents.
National insurance management.
§ 50.
(1) With the exception of the matters referred to in paragraph 2, the district court in whose district the head office of the insurance undertaking (central or regional organisational units of the Central National Insurance Company) is situated shall decide on the remedies for the assessments. Where an insured person (his family member or survivor) is brought an appeal, the court in whose district he resides may choose the place of that court.
(2) In disputes concerning the benefits of pension national insurance (Section 60 of the Act of 15 April 1948, No 99 Coll., on national insurance), the supplementary pension insurance benefits (Sections 143 and 144 of the same Act) belong to the Regional Court in whose district the claimant resides.
(3) Decide:
on the disputes arising from the additional insurance provided for in Sections 143 and 144 of Act No. 99 / 1948 Coll. not mentioned in paragraph 2 and on the cases under Sections 149 and 151 of the same Law;
on appeals to the assessments of supplementary institutions pursuant to Article 17 of the Act of 15 April 1948, No 98 Coll., on the concentration of pension insurance for private employees in higher services and on certain other measures in the field of public social insurance;
on disputes between the Central National Insurance and Health Institutions (Health Institutions) pursuant to Sections § § § 198 and 199 of Act No. 99 / 1948 Coll., arising in the implementation of the same Act,
it belongs to the district court in whose district the registered office of the defendant is situated and, if it is the central national insurance undertaking, the district court in whose district the registered office of the relevant territorial organisation body is situated.
§ 51.
(1) An appeal to the notices of the Central National Insurance Company or the Additional Institute which decided on the insurance benefit or on the family allowance provided for in the Law of 13 December 1945, No 154 Coll., on the family allowances of certain persons insured for illness, as amended, is an action. A complaint is an appeal to other notices.
(2) The appeal shall be lodged within 30 days of the date of receipt of the notice of notice from the district national insurance undertaking in whose district the party is resident, in the case of the additional establishment which issued the notice in writing in duplicate or orally. An appeal lodged with a body other than the competent organisational body of the Central National Insurance Corporation or any court shall be deemed valid.
(3) If a party to an insurance undertaking (a supplementary institution) asks before the expiry of the period referred to in paragraph 2 for the communication of the calculation of the pension, the period referred to in paragraph 2 shall be calculated from the date of receipt of that calculation to the party.
(4) Within 15 days of the date on which the appeal is lodged, the insurance undertaking (the additional payment institution) can comply with it itself; If he does not do so, he shall submit it to the competent court within that period.
§ 52.
(1) The rules on the legal proceedings in question apply to the proceedings. The rules on legal proceedings are applicable to complaints (§ 51 (1), second sentence).
(2) The following derogations apply from the provisions of paragraph 1:
(a) the court shall also act and act in the absence of duly served parties;
(b) the judgment cannot be delivered by default;
(c) in disputes concerning insurance benefits, the applicant's application and the judgment may be called upon to recognise the claim without stating the amount of the claim, in which case the insurance undertaking shall, within a maximum period of 15 days of the legal power of the judgment, issue an assessment of the amount of the benefit attributed.
(3) The period of appeal is 30 days from the date of service of the decision.
§ 53.
The Regional Courts shall establish a list of experts in the field of national insurance for their district. This list is either registered by doctors who have several years of successful work on social insurance assessment issues and are not official doctors of the insurance company (§ 188 of Act No. 99 / 1948 Coll.). A single union organisation and a Central National Insurance Company shall be heard prior to the entry of a doctor in this list.
§ 54.
(1) Insurers (family members, survivors) may be represented before the courts by employees of the Unified Trade Union Organisation, following the case of top-level interest organisations, the Central National Insurance Corporation by its employees.
(2) In the appeal proceedings, the parties shall be represented by the lawyer or persons referred to in paragraph 1, where such persons are aware of the rights.
(3) The provisions of the previous paragraphs shall apply mutatis mutandis to the representation of the Central National Insurance Corporation in the recovery of insurance claims.
Complaints for law enforcement.
§ 55.
(1) The Prosecutor-General may, in the final judgment of the Court of First Instance, lodge a complaint for the maintenance of the law, if he considers that the law has been infringed in proceedings or decisions. For procedural defects, a complaint may be lodged only if there is an action withdrawn from the national judiciary or at least to the courts duly or if the procedural defects result in an incorrect decision in the case.
(2) A complaint for maintaining the law cannot be lodged before the decision of the Supreme Court.
(3) The Attorney General is under the authority of the Minister of Justice.
§ 56.
(1) A complaint for maintaining the law shall be lodged in writing with the Supreme Court.
(2) In addition to the general procedural requirements, the complaint must include:
(a) the designation of the decision against which it is directed;
(b) an indication of the existence of a breach of the law with due justification;
(c) a statement as to whether it is proposed merely to state that the law has been infringed, or to revoke or amend the original decision, and which.
(3) Pending the decision on the complaint, the Attorney General may amend its reasons and proposal.
§ 57.
The Attorney General may request from any court files on a final trial to assess whether there are grounds for complaint for maintaining the law.
§ 58.
The complaint for maintaining the law is not bound by the deadline.
§ 59.
If the Prosecutor General also proposes the annulment or amendment of the original decision, the Supreme Court may, acting by its authority, postpone the enforceability of the original decision until the final decision on the application has been taken.
§ 60.
The Supreme Court shall decide on complaints for the maintenance of the law by a judgment following oral proceedings, to which it shall call only the Attorney General. The Supreme Court may also order the necessary inquiries from its authority.
§ 61.
In its judgment, the Supreme Court shall state that the law has been infringed or reject the complaint. The judgment must be justified and, where possible, served on the parties (s) or their successors in title.
§ 62.
If the Supreme Court has stated in its judgment that the law has been infringed, the party (s) or its successor in title may, within 15 days of the date of service of the judgment, propose to the court which decided in the first chair, revocation or amendment of the original decision. If such a motion has been made or has already been made by the Prosecutor General, the court which has ruled in the first chair shall take the measures resulting from the judgment of the Supreme Court, being bound by his legal opinion. The provisions on renewal shall apply mutatis mutandis to this procedure.
§ 63.
Apart from the case referred to in Paragraph 62, the judgment of the Supreme Court has no legal effect on the legal situation of the parties (s) to the main proceedings. The legal situation of third parties cannot be affected by a new decision on the substance of the matter, unless they were aware or had to be aware of the infringement.

ČÁST PÁTÁ.

Judicial Service.
§ 130.
Changes in jurisdiction in disciplinary matters.
Disciplinary proceedings and disciplinary penalties for office assistants (part of the First Government Decree of 7 July 1926, No 113 Coll., on the regulation of the service and pay ratios of civil servants in the auxiliary office) and the imposition of disciplinary penalties on auxiliary authorities (part of the First Government Decree of 7 July 1926, No 114 Coll., on the modification of the service and pay ratios of auxiliary staff, as amended by the Decree of 13 July 1944 of all members of the Government, No 156 Coll., on the reregulation of the Disciplinary Law of Auxiliaries and similar staff), shall belong to the President of the Regional Court in the first chair.
§ 131.
Changes in jurisdiction in judicial disciplinary matters.
(1) The court responsible for the judicial officers appointed by the District and Regional Courts, those with the exception of the President of the Regional Court and its Deputy, the judicial officers appointed for the perimeter of the personal office and for the notaries is the regional court in whose district the defendant had his place of employment at the time of the infringement.
(2) The provisions of the Law of 21 May 1868, No 46, on disciplinary proceedings with judicial officers and their involuntary transfer to another place or place of rest, provided that they govern the composition and jurisdiction of the courts of the Land as disciplinary courts, apply mutatis mutandis to the regional courts as disciplinary courts.
§ 132.
Appeals against the decision of the notary chambers.
(1) A complaint shall be admissible until the order or measure of the notarial chamber or its President within 15 days of the date of service to the Supreme Court.
(2) Paragraph 3 (2) of the Act of 16 May 1946, No 138 Coll., on the adaptation of certain questions relating to notaries, remains unaffected.

ČÁST ŠESTÁ.

Provisions common, transitional and final.
§ 134.
(1) Civil matters of law, in which the proceedings in the first chair have not been completed by the date of the entry into force of this Act, shall, if necessary, proceed, on the basis of the parties to the court responsible under that law. Further proceedings, in particular the admissibility of appeals, shall be governed by the provisions of this Law.
(2) In civil matters of law in which a decision has already been taken by the Regional Court or the Regional Court (main court) as a court of the first storehouse before the application of this law, the Regional Court, at the seat of the Regional Court, which has decided on the matter or which has been responsible for the judgment of the Court of First Instance in a special Chamber composed of three Judges of the profession, shall decide definitively on the appeal. The proceedings before this special Chamber shall be subject to the provisions of the appeal. If the decision is annulled, the case shall be ordered to a new decision or to a new action and decision of the court which is competent in the first chair under this law. Further proceedings, in particular the admissibility of appeals, shall be governed by the provisions of this law.
(3) In civil matters of law in which a decision has already been taken in the second chair before the entry into force of this law, the Supreme Court, in its present composition and in accordance with the existing rules, shall decide on the appeal before the judgment of the Court of First Instance; However, if the decision of the Regional Court is taken, the special Chamber of the Regional Court referred to in paragraph 2 shall decide on the appeal. If the decision is annulled, the matter shall be ordered to a new decision or to a new act and to the court competent in the second chair under this law. The provisions of this Act apply to further proceedings.
(4) An action for confusion and for renewal and an application for renewal, pending a decision by the Regional Court in the first chair, shall be brought before the court responsible in the first chair under this law. If the judgment given by the Regional or Regional Court (main court) is in the second seat, an action for confusion and renewal (application) should be brought before the court responsible for the case in the second chair under this law. An action (application) shall be brought before the same court if it is directed against a decision of the Supreme Court given in the second or third stools or against a decision of the main court given in the third stools.
(5) If, under the current rules, an action (application) would be brought before a court annulled or a court which, under the provisions of this law, is no longer competent for the matter itself, an action (application) shall be brought in a court which is or would have been competent under that law in the matter itself. If, in such cases, it is doubtful which court is competent locally, the rules on general jurisdiction shall apply.
§ 135.
Matters of national insurance (public social insurance) in which the proceedings have not yet been concluded before the application of this law, the courts and authorities still refer to the courts responsible under this law. The provisions of this Act apply to further proceedings.
§ 137.
(1) Cases of judicial administration which, on the date of the entry into force of this Act, will not yet be dealt with by the competent courts, following the case of the authorities, will be dealt with by the court, following the case of the authority responsible under this Act.
(2) The Ministry of Justice will decide on appeals before decisions of the Regional Courts (prosecutors) in the field of administrative competence prior to the application of this Act.
(3) The court or authority competent under the existing rules shall decide on appeals pending the decisions of the national courts and of the national prosecutors in the field of administrative competence before the application of this law.
§ 138.
(1) The Judges and Concept Officers, appointed at the post of office at the courts (public action offices) which are hereby repealed, shall be transferred by the Minister of Justice to the post at other courts (public action offices). Should this transfer be linked to a lower scale of functional service or to a post systemised in the second group of judicial posts, the transfer of staff shall be determined in accordance with Paragraph 51 (1) of the Staff Act. The provisions of the preceding sentence shall apply mutatis mutandis to other translations of judges (conceptual officials of the public prosecutor's offices) necessary for the implementation of this law.
(2) Staff members, the provisions in the post-office systems of the accounting offices of the Land Courts, shall become staff in the personal condition of the Ministry of Justice's accounting office on the date of application of this Act, without any change in the current rank and grade. The system of official posts of the officials of the Ministry of Justice shall be supplemented by the official posts lent to these staff before the application of this Act.
(3) The other staff appointed at the posts of the national courts shall be transferred by the Minister of Justice to other courts, after the judicial authorities. If there are no available systemised posts, these staff members shall be guided over the systemised status and shall be included in the systemised posts as soon as such posts are released.

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Regulation Information

CitationAct No. 319 / 1948 Coll., on the depopulation of the judiciary
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation31.12.1948
Effective from01.02.1949
Effective until-
Status Valid
The regulation text is for informational purposes only.
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