Act No. 347 / 2007 Coll.
Act amending Act No. 120 / 2001 Coll., on Judicial Executives and Enforcement Activities (Enforcement Order) and amending other laws, as amended
Valid
Law
Effective from 01.01.2008
Text versions:
01.01.2008
21.12.2007
347
THE LAW
of 5 December 2007
amending Act No. 120 / 2001 Coll., on Judicial Executives and Enforcement Activities (Enforcement Order) and amending other laws, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 120 / 2001 Coll., on judicial execution and enforcement activities (Enforcement Order) and amending other laws, as amended by Act No. 6 / 2002 Coll., Act No. 279 / 2003 Coll., Act No. 360 / 2003 Coll., Act No. 53 / 2004 Coll., Act No. 257 / 2004 Coll., Act No. 284 / 2004 Coll., Act No. 499 / 2004 Coll., Act No. 133 / 2006 Coll., Act No. 253 / 2006 Coll., is amended as follows:
1. In Article 5 (2), the words "and other activities' shall be inserted after the words" activities'.
2.
(1) State control over the execution activity and the activity of the executor under § 74 (1) (b) shall be exercised by the Ministry of Justice ("the Ministry"). The Ministry also carries out state supervision on the basis of written initiatives by legal or natural persons.
(2) In the exercise of State supervision, the Ministry examines the lawfulness of the court executor procedure, compliance with the office rules and the continuity and duration of the execution procedure.
(3) The Ministry is entitled to exercise state supervision
(a) carry out regular checks on the executive offices;
(b) consult, extract and copy the files, documents and records of the executor;
(c) require, within a time limit to be specified, the Executive Director's written observations on the matter subject to national supervision;
(d) require an oral explanation by the executor or, where appropriate, his staff on a matter which is subject to national supervision, if the written observations referred to in (c) are not necessary or insufficient;
(e) to enter the premises of the Executive Office following prior notification to the Executive Director or his representative, who shall be responsible for the management of the Office.
(4) The Executive Director is obliged to provide the Ministry with the required synergies in the exercise of State supervision by:
(a) send copies of the required documents within a time limit set by the Ministry or, where appropriate, for the period of the necessary file;
(b) provide the written observations referred to in paragraph 3 (c);
(c) the summons shall be accompanied by the oral explanation referred to in paragraph 3 (d).
(5) The Chamber oversees the activity of the executor and the management of the activity of the Executive Board. Paragraphs 3 and 4 shall apply mutatis mutandis to the exercise of supervision. ';
3. The following Section 7a is inserted after Section 7:
Minor shortcomings in the execution and other activities of the executor or minor misconduct in the conduct of the Ministry or the Chamber of Executives shall be expressed in writing. '
4. The following Section 8a is inserted after Section 8:
(1) The Chamber is obliged to submit to the Ministry within 30 days all the state regulations adopted by its institutions. This is without prejudice to Paragraph 110 (8).
(2) If the Minister considers that the State Code of the Chamber is contrary to the law, he shall be entitled to file an application for review by the Court within two months of its adoption. "
5. Paragraph 27, including the title and footnote 3a, reads:
Executioner and other employees
(1) The executor may employ the executor and other staff in employment.
(2) The executor may entrust the executor with the execution of the actions carried out by the executor in the execution of the judgment under the Civil Code). It may entrust additional staff to carry out simple operations related to the execution or other activity.
(3) The executor may be a citizen of the Czech Republic who
(a) has full legal capacity;
(b) is righteous;
(c) has a full secondary education;
(d) be in employment with an executor for at least 1 year;
(e) have passed the qualification test of the executor.
(4) The scope and manner of the qualification test of the executor shall be determined by the Chamber in accordance with Sections 110 (7) (c) and 110 (8).
(3a) Paragraph 265 (2) and (3) of the Civil Code. § 46 et seq. of Decree No. 37 / 1992 Coll., on Rules of Procedure for Regional and Regional Courts, as amended. '
6. In Article 31, the words "and for the exercise of State supervision 'shall be added at the end of the text of paragraph 5.
7. Paragraph 44 (3) reads as follows:
"(3) The order shall be delivered to the executor, the creditor, the debtor and the authority responsible for managing the central record of the execution. The authorities entrusted with the management of the register (s) of legal persons (16), a cadastral office, within the territory of whose jurisdiction the seat of the court which ordered the execution, or other authorities or persons, shall be served only if it is necessary for the execution of the execution. ';
8. In Paragraph 44, at the end of paragraph 7, the sentence "The first sentence and the second sentence shall not apply if it is a compulsory State."
9. In Paragraph 44, at the end of paragraph 10, the sentence "If a compulsory appeal is lodged against the executor's hands, he is obliged to refer them to the competent court without undue delay; service to the executor shall be maintained within the period of appeal. ';
10. In Paragraph 46 (3), the second sentence shall be replaced by the sentence "The executor shall notify the court in writing and those serving the order on the execution order that he has waived execution."
11. In Paragraph 47 (1), the words "or repealed" shall be inserted after the words "Executioner" after having received the order on the execution order. "
12. In the first sentence of Paragraph 53 (2), "§ 250a 'is replaced by" § 260a'.
13. in Article 55 (3), the words "to the creditor, the debtor, the executor responsible for the execution of the execution and the cadastral office, within the territory of which the seat of the court which ordered the execution is situated" shall be replaced by the words "to whom the order for execution is served."
14. The following Section 55a is inserted after Section 55:
The Court of Appeal shall not, on application by the parties, suspend execution if the costs of execution are not paid. ';
15. in Article 56, the words "alone or" shall be replaced by the words "in person or through his staff or" and the word "mail" shall be replaced by the words "postal operator."
16. in Paragraph 66 (7), the words "paragraph 1" shall be inserted after the words "Paragraph 328a."
17. In Paragraph 68, the present text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The costs of execution shall be met as claims on costs within the group referred to in Article 337c (1) (a) of the Civil Code. ';
18. In Paragraph 70, the following paragraph 5 is inserted after paragraph 4:
"(5) The costs of execution shall be met as claims on the costs of proceedings within the group referred to in Paragraph 338z (1) (a) of the Civil Code. '.
Paragraph 5 shall become paragraph 6.
19. in Article 87 (1), the words "flat-rate or purposely spent" shall be inserted after the words "the costs of execution are the remuneration of the executor."
20. In Paragraph 88 (3), "3 'is replaced by" 8';
21. In Paragraph 88, at the end of paragraph 3, the sentence "Any statement of objections addressed to the court shall also be served by the executor to the opposing party."
22. § 89 reads:
If the execution is stopped, the execution costs and the costs of the participants shall be borne by the party responsible for the execution. In the event of the cessation of the execution of the debtor's incapacity, the expenses determined on a flat-rate basis or effectively incurred shall be borne by the executor. ';
23. In Paragraph 94, at the end of paragraph 3, the sentence "The Ministry may, in the context of the exercise of State supervision, examine files relating to the activities of the executor in accordance with § 74 (1) (b) without the consent of the applicant. '
24. In Paragraph 95 (1), the word "Ministry 'shall be inserted after the word" jurisdiction'.
25. Paragraph 96, including the title:
Lending of files
The executor shall transmit copies of the required documents or, where necessary, for the period necessary, lend his files on a reasoned written request and under the conditions set out in Article 94 (2) to the law enforcement authorities, courts, financial offices, cadastral offices and experts. Article 7 (4) (a) applies to the lending of files to the Ministry; The case shall be brought before the court in the context of an appeal against the decision of the executor. ';
26. in § 111 (6) (c):
"(c) organise professional training of executors, candidates, associates and executors and provide publication, study, documentation and information activities;"
27. in Article 116 (2), the words "or the state regulations" shall be inserted after the word "the law."
28. In Article 117 (5), "3 'is replaced by" 6' and "1 year 'by" 2 years'.
29. In Paragraph 117, at the end of paragraph 5, the sentence "Within a six-month period, the period during which preparatory acts have been carried out to verify whether a criminal offence has occurred shall not be counted; that period shall not be longer than two months. ';
30. In Section 125, the following paragraph 5 is added:
"(5) The Chamber shall be remunerated for the provision of data from the Central Register of Executions, as provided for by the Ministry of the Order. '
Transitional provisions
1. Paragraph 7a of Act No. 120 / 2001 Coll., as effective from the date of the entry into force of the Act, applies to minor shortcomings in the execution and other activities of the executor or minor failures in the behaviour which occurred since the date of entry into force of the Act.
2. The staff of the court executor carrying out the work of the executor shall comply with the conditions set out in Article 27 (3) no later than one year after the date of approval by the Minister of State Code of the Chamber governing the qualification tests of the executors.
Efficacy
This Act shall take effect on 1 January 2008.
Wolf
Klaus v. r.
Topolánek v. r.
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Regulation Information
| Citation | Act No. 347 / 2007 Coll., amending Act No. 120 / 2001 Coll., on Judicial Executives and Enforcement Activities (Enforcement Order) and amending other laws, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.12.2007 |
|---|---|
| Effective from | 01.01.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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