Act No. 38 / 2021 Coll.
Act amending Act No. 99 / 1963 Coll., Civil Code, as amended, Act No. 120 / 2001 Coll., on Judicial Enforcement and Enforcement Activities (Enforcement Regulations), as amended, and Act No. 119 / 2001 Coll., laying down rules on cases of parallel enforcement of decisions, as amended
Valid
Law
Effective from 01.07.2021
38
THE LAW
of 19 January 2021
amending Act No. 99 / 1963 Coll., Civil Code, as amended, Act No. 120 / 2001 Coll., on judicial execution and enforcement activities (Enforcement Regulations), as amended, and Act No. 119 / 2001 Coll., laying down rules for cases of parallel enforcement of decisions, as amended
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. 180 / 1990 Coll., Act No. 117 / 1991 Coll., Act No. 152 / 1994 Coll., Act No. 216 / 1995 Coll., Act No. 84 / 1995 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll., Act No. 110 / 1995 Coll. Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2001 Coll., Act No. 31 / 2002 Coll.
1. § 304b reads:
(1) Where the obligation is a natural person, the prohibitions referred to in paragraphs 1 and 3 of Article 304 or the procedure laid down in paragraphs 2 and 3 of Article 307 of the first sentence shall not apply to funds up to three times the minimum of life of the individual under the legislation governing the minimum of life. Where a single monetary institution has more than one account that is affected by the execution of a decision by the order of an account with the money institution, the first sentence shall apply only to that account which has the highest balance at the time of the application referred to in paragraph 2 unless otherwise agreed with the monetary institution.
(2) The funds referred to in paragraph 1 shall be paid by the cash institution to the debtor, at his request, no more than once during one enforcement procedure or, if enforcement of the decision has been ordered by the order of the same account to obtain more than one claim, by the end of all enforcement proceedings, for which at least part of the time of service of the enforcement order to the Financial Institution until the end of the enforcement procedure. This must be understood by the debtor in the enforcement order. Where an account is set up by a monetary institution in accordance with Article 304c (1), it shall transfer the outstanding funds referred to in paragraph 1 to that account on the following working day following its establishment.
(3) The payment of funds to the debtor referred to in paragraph 1 shall be notified by the monetary institution of the court which ordered the enforcement of the decision.
(4) Where the enforcement of a judgment is conducted in accordance with Article 262a (4), the prohibitions referred to in Article 304 (1) and (3) shall not apply to the procedure referred to in Article 307 (1) and (2) to the amount of half of the funds that were in the account at the time when the Order on the enforcement of the decision was served on the financial institution. Where the amount referred to in the first sentence is less than the amount referred to in the first sentence of paragraph 1, neither the prohibitions referred to in paragraphs 1 and 3 of Paragraph 304 nor the procedure referred to in paragraphs 1 and 2 shall apply to the amount referred to in paragraph 1 of the first sentence. The funds referred to in the first or second sentences shall be paid by the monetary institution to the debtor's spouse at his request; paragraph 2, first sentence, shall apply mutatis mutandis. The debtor's husband must be informed of this in order to enforce the decision.
(5) The amount of the life minimum of an individual shall be determined in accordance with the legislation governing the minimum of life effective at the time of service of the Order on the enforcement of decisions to the Financial Institute. Where the execution of a decision by ordering a claim from the same account has been ordered to obtain more than one claim, in the case referred to in the first sentence of paragraph 2, the amount of the life minimum of the individual shall be determined in accordance with the legislation governing the amount of the minimum of life effective at the time of service of the first resolution on the enforcement order to the financial institution. ';
footnote 80c is deleted.
2. The following Sections 304c to 304e are inserted after Section 304b:
(1) The Cash Institute, to which the Order of Enforcement Order has been served by the Court of First Instance by ordering a claim from an account of a debtor who is a natural person, shall be obliged, after having received the notification referred to in Article 304d (3), to enter into a payment account under the conditions laid down in paragraphs 2 to 6, Article 304d (4) and Article 304e (1) and (2) (the "Protected Account") and to establish a protected account after the conclusion of the contract within 5 working days of the submission of the application and to indicate in a unique manner that it is a protected account. The application shall include a declaration by the debtor that no protected account is held for his benefit on the date of the application. The Cash Institute shall not be entitled to payment for the establishment and maintenance of a protected account. Otherwise, the money institution shall keep a protected account under the conditions governing the account for which enforcement of the decision is directed against the debtor; the terms and conditions of the management of the account in respect of which the execution of the decision is directed against the debtor shall not change depending on whether or not enforcement of the decision is conducted. The establishment of a protected account shall be notified by the money institution to all courts which have ordered the execution of the decision by ordering a claim from an account held at the time of the establishment of the protected account with the same money institution from which funds are transferred to the protected account. If the money institution finds that another protected account is being held for the benefit of the debtor, it shall notify the courts within 7 days of the date on which it has established such fact.
(2) In respect of a debt owed by a protected account, enforcement of a decision by ordering a claim from an account with a money institution cannot be ordered. In the case of funds credited from the establishment of a protected account to the date on which the facts referred to in the first or second sentence of Paragraph 304e (2) occurred, to the account in respect of which the execution of the decision is made against the debtor, from the account mentioned in the notification referred to in Section 304d (3), the enforcement Regulation shall not apply.
(3) The Money Institute which holds a protected account shall transfer to the protected account the funds that have been credited, after the establishment of the protected account, to the account in respect of which enforcement of the decision is made against the debtor, the payer of the salary, the payer of another income or the debtor of the child referred to in Article 317 (1), as indicated in the notice referred to in Article 304d (3), by the end of the working day on which the debtor is credited to the account in respect of which enforcement is carried out against the debtor.
(4) Where the execution of a decision is carried out in several accounts by a monetary institution, the debtor shall also specify in the application referred to in paragraph 1 the account from which the funds will be transferred to the protected account. If the account from which the funds are transferred to, cancelled or no longer enforced, the debtor shall, at the request of the money institution within 14 days of receipt of the call, designate a further account with the same money institution to which the execution of the decision from which the funds will be transferred to the protected account against it; the number of the other account shall be communicated by the debtor to the court which shall communicate it without undue delay to the debtor of the debtor, to the payer of the salary, to the payer of another income or to the debtor of the child referred to in Article 317 (1), which have been mentioned in the notification referred to in Article 304d (3). The debtor of the debtor, the payer of the salary, the payer of another income or the debtor of the child referred to in Article 317 (1) shall pay the funds referred to in Article 304d (2) to the account number as indicated by the court in the second sentence from the day following the date on which the notice was delivered to him. The account number determined in accordance with the second sentence shall be notified by the monetary institution to all courts which have ordered the enforcement of the decision by ordering a claim from the specified account on the date of the determination of the account.
(5) The money institution shall only credit the protected account with funds transferred pursuant to paragraph 3, the money referred to in Article 304b (2) in the last sentence of the last sentence and the money to which the debtor becomes entitled to the money institution in connection with the protected account. The Cash Institute may not include its claim, except those arising in connection with a protected account, against the debt owed by the protected account.
(6) The Money Institute does not have to conclude a protected account contract, it may terminate or withdraw from this contract if, by concluding a contract, it infringes the provisions of the law governing the measure against the legalisation of proceeds from crime and terrorist financing or other legislation.
(1) A debtor liable for claims pursuant to § 317 (1) to (3), § 318 or 319, a wage payer or a payer of another income pursuant to § 299 shall, upon written request, issue a certificate to the court or, without undue delay, to the debtor of the account number from which those claims, wages or other income are paid. Where the debtor of the child is required to perform maintenance obligations under Article 317 (1), the first sentence of Article 317 (1) shall apply to the debtor of the child in accordance with Article 317 (1) (hereinafter referred to as the "maintenance debtor '). In addition, the certificate shall indicate the debtor, the wage payer, the payer of another income or the maintenance debtor, the mandatory designation, the number of the debtor account to which those claims or receipts are paid and the date of issue of the certificate. The debtor of the debtor, the wage payer, the payer of another income or the maintenance debtor shall issue a certificate using a form the model of which shall be published by the Ministry in a manner which allows remote access. The court shall request the debtor of the debtor, the wage payer, the payer of another income or the maintenance debtor to issue a certificate at the request of the debtor.
(2) The debtor of the debtor, the payer of the salary, the payer of another income or the maintenance debtor (hereinafter referred to as the "protected income debtor") shall, from the date of issue of the certificate referred to in paragraph 1, pay only to the debtor until the date on which the certificate referred to in Article 304e (2) of the last sentence has been received from the account the number of which has been indicated in the certificate, on the account of the debtor whose number is indicated in the certificate, the claim, salary or other income referred to in paragraph 1. They shall be informed on the form referred to in paragraph 1.
(3) The Court of First Instance shall, at the request of the debtor without undue delay, notify the cash institution of the number of the account from which the claims or receipts referred to in paragraph 1 are paid and the number of the debtor account with that cash institution in respect of which enforcement of the decision against the debtor is carried out and to which the claims or receipts referred to in paragraph 1 are to be credited. A copy of the notification shall be sent by the court to the debtor of the protected income. When a notification is given, the court shall base itself on the certificate referred to in paragraph 1.
(4) If the enforcement of a decision by ordering a claim from the same account is conducted to recover more than one claim, Article 304c (2) to (5) shall apply to all the enforcement of a decision entered into that account at the time of receipt of the notification to the Financial Institution and to further enforcement of the decision, provided that the order on the enforcement of the decision was served on the Financial Institution before the facts under Article 304e (2) occurred.
(1) Only one protected account may be required. If the proceedings reveal that more than one protected account has been opened for the debtor, the court shall decide which of those accounts shall remain protected. The Court of First Instance may decide that the account is not protected if it becomes apparent that the debtor intentionally misstated the financial institution's information in the declaration referred to in the second sentence of Paragraph 304c (1), or intentionally misrepresented the debtor from the protected income in the application pursuant to Article 304d (1). The order shall be delivered by the court to the creditor, the debtor and all the money institutions with which protected accounts have been opened. They will deliver the resolution into their own hands. The obligation under the protected account contract shall expire on the day following the date on which the order referred to in the second sentence was delivered to the money institution, if not for the money institution to keep the protected account.
(2) Unless otherwise specified, they shall not apply to an account established as a protected entity from the day following the date on which the account from which the funds are transferred to the protected account has been cancelled or the execution of the decision has ceased, § 304c, 304d and paragraphs 1 and 3; the monetary institution and the debtor may agree to the termination of the obligation under the protected account contract. Where the execution of a decision is carried out on several accounts of the debtor, the first sentence shall apply mutatis mutandis from the day following the expired 14-day period referred to in Article 304c (4) in which the debtor was required to determine the additional account held with the same money institution. The Cash Institute shall, upon request, issue a compulsory certificate stating that Article 304c, 304d and paragraphs 1 and 3 are not applicable to an account that has been established as a protected entity or that an obligation has ceased to exist from a protected account contract; the debtor sends such confirmation without undue delay to the debtor of the protected income.
(3) If a protected income debtor infringes an obligation under Article 304d (2), he may request that the protected income debtor pay him the amount to which he would be entitled if the protected income debtor had fulfilled that obligation. The debtor from the protected income must be informed of this on the form referred to in Article 304d (1).
(4) In the order for enforcement, the court shall instruct the debtor in accordance with Sections 304c, 304d and paragraphs 1 to 3. "
3. In Paragraph 306 (1), the word "Regulation 'is replaced by" Unless otherwise provided for in this law, regulation'.
4. In Paragraph 306, the following paragraph 2 is inserted after paragraph 1:
"(2) The enforcement order shall only apply to the debtor's claim on the account of the debtor's spouse in respect of the amount at which the funds were in the account at the time the order on the enforcement order was served on the money institution; otherwise paragraph 1 shall apply mutatis mutandis. Paragraph 307 (3) shall not apply in the enforcement of a decision by ordering a claim from the debtor's account with the money institution. ';
Paragraph 2 shall become paragraph 3.
5. In the second sentence of Article 307 (3), the words "or, in respect of funds, in accordance with the first sentence of Article 304b (1) 'shall be inserted after the second sentence of Article 304b (2), the first sentence of the judgment shall be inserted after the word" funds'; the monetary institution shall execute the judgment in respect of funds in accordance with the first sentence of Article 304b (1) in the day following the end of the period referred to in the second sentence of the last of these proceedings. ';
6. In Article 317 (1), the words "and child support 'shall be added at the end of the text of paragraph 1.
7. In Paragraph 317, at the end of paragraph 1, the sentence "The child referred to in the first sentence shall be considered as an uninsured child under the Act on State Social Support."
Transitional provision
In proceedings initiated prior to the date of entry into force of this Act, in which the Order on the enforcement of the decision was served by the Order of the Order of the Account with the Money Institute, Sections 304b, 306 and 307 (3) of Act No. 99 / 1963 Coll., as effective before the date of entry into force of this Act, shall apply.
Amendment of the Enforcement Order
In Article 42 of Act No. 120 / 2001 Coll., on judicial executors and enforcement activities (Enforcement Order) and amending other laws, as amended by Act No. 396 / 2012 Coll., Act No. 303 / 2013 Coll. and Act No. 139 / 2015 Coll., at the end of paragraph 4, the sentence "Execution by issuing a claim on the account of the debtor's spouse with the money institution may be executed no more than once in one execution procedure."
Transitional provision
Paragraph 42 (4) of Act No. 120 / 2001 Coll., as effective from the date of entry into force of this Act, shall apply in the execution procedure initiated before the date of entry into force of this Act; no account shall be taken of the execution in the proceedings of a claim from the debtor's bank account before the date of entry into force of this law. If the execution order for execution was issued before the date of entry into force of this Act, the execution order for execution of the enforcement order shall be completed in accordance with Act No. 99 / 1963 Coll., as effective before the date of entry into force of this Act, and Act No. 120 / 2001 Coll., as effective before the date of entry into force of this Act.
Amendment of the law laying down rules on cases of parallel performance of decisions
In Article 8 of Act No. 119 / 2001 Coll., laying down rules on cases of parallel enforcement of decisions, the sentence "§ 304b (2) first sentence, § 304b (5) second sentence, § 304c (1) fifth sentence, § 304c (1) last sentence, § 304d (4), § 307 (3) third sentence and § 309 (3) of the Civil Code shall apply mutatis mutandis. '
EFFECTIVE
This Act shall take effect on 1 July 2021.
Vondracek v. r.
Zeman v. r.
Babiš v. r.
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Regulation Information
| Citation | Act No. 38 / 2021 Coll., amending Act No. 99 / 1963 Coll., Civil Code, as amended, Act No. 120 / 2001 Coll., on Judicial Enforcement and Enforcement Activities (Enforcement Regulations), as amended, and Act No. 119 / 2001 Coll., laying down rules for cases of parallel enforcement of decisions, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.02.2021 |
|---|---|
| Effective from | 01.07.2021 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Civil law
Civil law of procedure
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