Act No. 361 / 2004 Coll.
Act amending Act No. 97 / 1963 Coll., on Private International Law and Procedure, as amended
Valid
Law
Effective from 15.06.2004
Text versions:
15.06.2004
361
THE LAW
of 20 May 2004
amending Act No. 97 / 1963 Coll., on Private International Law and Procedural Law, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on Private and Procedural International Law
Act No. 97 / 1963 Coll., on International Private and Procedural Law, as amended by Act No. 158 / 1969 Coll., Act No. 234 / 1992 Coll., Act No. 264 / 1992 Coll., Act No. 125 / 2002 Coll., Act No. 37 / 2004 Coll. and Act No. 257 / 2004 Coll., is amended as follows:
1. in Part II, the following Section 4 is inserted after Section 3:
Specific provisions on the recognition and enforcement of certain foreign decisions
The provisions of this Section shall apply in procedures for the recognition and enforcement of foreign decisions, other authentic instruments and judicial arrangements (hereinafter referred to as the "Decision ') which are to be followed by a regulation of the European Communities or by a declaration of international agreement to which Parliament has given its consent and to which the Czech Republic is bound (hereinafter referred to as the" International Treaty') .1).
Where a party requests, pursuant to a regulation of the European Communities or an international treaty, recognition of a decision is decided in a separate procedure, the court shall decide on recognition by judgment. Negotiations need not be ordered.
(1) At the same time as the application for a declaration of enforceability, a proposal for a regulation of enforcement or execution may be submitted in accordance with a specific law. 2) In such a case, the court shall, in a single order, decide on both proposals by separate statements, which must be justified. The resolution must be justified even if only one of these proposals is decided.
(2) Where a court referred to in paragraph 1 and where there is a time limit for bringing an appeal against a decision on recognition or a declaration of enforceability of foreign decisions which is longer than the time limit laid down in the specific legislation (m2) for bringing an appeal against a decision ordering enforcement or execution, that longer period shall also apply to an appeal against a decision ordering enforcement or execution.
(3) Where the Court of Appeal has examined the grounds for which a foreign decision may not be recognised and those grounds could not, in accordance with the relevant provisions of the European Communities or the international Treaty, examine the court at first instance, the Court of Appeal may, if it testifies to the grounds for not recognising a foreign decision, revoke the judgment of the Court of First Instance and decide to reject the application.
(4) A decision may not take legal power in an order ordering enforcement of a decision or execution before the order declaring the decision enforceable.
1) For example, Council Regulation (EC) No 1347 / 2000 of 29 May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility of both spouses to children, Council Regulation (EC) No 44 / 2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, the Hague Convention on the jurisdiction of the institutions, applicable law, recognition, enforcement and cooperation in matters of parental responsibility and measures for the protection of children, published under No 141 / 2001 Coll.
2) Act No. 99 / 1963 Coll., Civil Code, as amended. Act No. 120 / 2001 Coll., on Judicial Executives and Enforcement Activities (Enforcement Order) and amending other laws, as amended. '
2. The heading above Section 69 reads:
FINAL PROVISIONS '.
Efficacy
This Act shall take effect on the day of its publication.
Zaoralek v. r.
Klaus v. r.
Spindles v. r.
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Regulation Information
| Citation | Act No. 361 / 2004 Coll., amending Act No. 97 / 1963 Coll., on Private International Law and Procedure, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.06.2004 |
|---|---|
| Effective from | 15.06.2004 |
| Effective until | - |
| Status | Valid |
Legal Areas:
International law
International private law
The regulation text is for informational purposes only.
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