Act No. 367 / 2000 Coll.
Act amending Act No. 40 / 1964 Coll., Civil Code, as amended, and some other laws
Valid
Law
Effective from 01.01.2001
367
THE LAW
of 14 September 2000
amending Act No. 40 / 1964 Coll., Civil Code, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Civil Code
Act No. 2000 / 2000 Coll., Act No. 99 / 1963 Coll., as amended by Act No. 36 / 1967 Coll., Act No. 158 / 1969 Coll., Act No. 49 / 1973 Coll., Act No. 20 / 1975 Coll., Act No. 133 / 1982 Coll., Act No. 269 / 1990 Coll., Act No. 117 / 1991 Coll., Act No. 152 / 1994 Coll., Act No. 216 / 1995 Coll., Act No. 54 / 1995 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll., Act No. 204 / 2000 Coll., Act No. 220 / 2000 Coll. and Act No. 227 / 2000 Coll., is amended as follows:
After § 200x, the following § 200y to 200aa is inserted:
"Proceedings for the sale of collateral
(1) The application for the court sale of the pledge is lodged by the lien creditor.
(2) The local jurisdiction to decide on this application shall be the general court of the lien debtor. However, where the collateral or part thereof is a property, the court in whose territory the property is situated shall have jurisdiction; where there is more than one mortgage, the application may be lodged with any of the competent courts.
(3) The parties to the proceedings are the lien creditor, the debtor and the lien debtor.
(1) The Court of First Instance shall order the hearing where the security or its part is a property; otherwise it may decide without a hearing.
(2) The Court of First Instance shall authorise the sale of a pledge where the existence of a lien to a lien is demonstrated and where further facts necessary to satisfy the lien are certified.
(3) The order authorising the sale of the pledge is enforceable after one month of its legal power.
After the order authorising the sale of the pledge has been enforceable, the court shall sell it; the procedure laid down in the enforcement provisions. ';
TRANSITIONAL PROVISIONS
1. The lien rights, the scope of which was defined before the date of entry into force of this Act, shall be maintained with all the effects of the present legislation even after the date of entry into force of this Act. However, the satisfaction of the pledge is governed by this law.
2. In order to ensure tax claims for which the scope of the legal lien under the existing legislation has not been defined by the date of entry into force of this Act, only the provisions of Section 72 of Act No. 337 / 1992 Coll., on the administration of taxes and charges, as amended by that Act, may be applied.
EFFECTIVE
This Law shall take effect on 1 January 2001.
Klaus v. r.
Havel v. r.
Zeman v. r.
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Regulation Information
| Citation | Act No. 367 / 2000 Coll., amending Act No. 40 / 1964 Coll., Civil Code, as amended, and some other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.10.2000 |
|---|---|
| Effective from | 01.01.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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