Act No 396 / 2012 Coll.

Act amending Act No. 99 / 1963 Coll., Civil Code, as amended, and other related laws

Valid Law Effective from 01.01.2013
Text versions: 01.01.2025 01.01.2015 01.01.2014 01.07.2013 01.01.2013 All versions (6)
Contents
ČÁST PRVNÍ Čl. I „§ 142a „§ 314b „§ 314c „§ 320a § 320aa § 320ab „HLAVA ČTVRTÁ § 320b § 320c § 320d § 320e § 320f § 320g § 320h § 320i § 320j § 327a § 327b „§ 330a „§ 336 § 336a § 336b „§ 336f „§ 336j „§ 336ja „§ 336k § 336l § 336m „§ 336o „§ 336p § 336q „§ 337 „§ 337e „§ 337g § 337h „§ 338m „§ 338ma § 338mb Čl. II ČÁST DRUHÁ Čl. III „§ 4 „§ 10 „§ 15 „§ 33e § 35a § 35b § 37 „§ 38 „§ 43a „§ 44 „§ 44b „§ 46 „§ 69a „Díl 6 § 71a „§ 76b § 76c „§ 102 § 103 „§ 115a „§ 116 „HLAVA XII § 124a § 124b § 124c § 124d Čl. IV ČÁST TŘETÍ Čl. V Čl. VI ČÁST ČTVRTÁ Čl. VII Čl. VIII ČÁST PÁTÁ Čl. IX ČÁST ŠESTÁ Čl. X ČÁST DEVÁTÁ Čl. XIV ČÁST DESÁTÁ Čl. XV ČÁST JEDENÁCTÁ Čl. XVI ČÁST TŘINÁCTÁ Čl. XIX ČÁST ČTRNÁCTÁ Čl. XX „§ 15a § 15b Čl. XXI ČÁST PATNÁCTÁ Čl. XXII Čl. XXIII ČÁST ŠESTNÁCTÁ Čl. XXIV Čl. XXV ČÁST SEDMNÁCTÁ Čl. XXVI Čl. XXVII ČÁST OSMNÁCTÁ Čl. XXVIII Čl. XXIX ČÁST DEVATENÁCTÁ Čl. XXX ČÁST DVACÁTÁ Čl. XXXI ČÁST DVACÁTÁ PRVNÍ Čl. XXXII Čl. XXXIII ČÁST DVACÁTÁ DRUHÁ Čl. XXXIV
396
THE LAW
of 19 September 2012
amending Act No. 99 / 1963 Coll., the Civil Code, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the Civil Code
Čl. I
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. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2004, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 2006, Act No. 2011, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / No 2006, Act No. 2006, Act No. 2006, Act No. 2006, Act No. 2006, Act No. 99.
1. in Article 46b (a), the words "or the address of the place of residence of a stranger in the Czech Republic according to the type of stay of a stranger" shall be added after the word "Regulation 58c)."
2. In Article 53 (1), "Sections 294 and 295 'are replaced by" Sections 294, 295 and 320ab'.
3. In Article 53, at the end of paragraph 3, the sentence "The procedure laid down in the tax rules shall apply for the enforcement of an order fine 'is added.
4. The following Section 142a is inserted after Section 142:
㤠142a
(1) The applicant who has been successful in the case initiated pursuant to Paragraph 80 (b) shall be entitled to reimbursement of the costs against the defendant only if, within a period of at least 7 days before the application for the initiation of the proceedings, he has sent a notice of service to the defendant or, where appropriate, to the last known address.
(2) Where there are grounds worthy of special consideration, the court may, exceptionally, grant the costs to the applicant in whole or in part even if the applicant has not sent the applicant an order for performance under the conditions referred to in paragraph 1. ';
5. In the first sentence of Paragraph 175u (1), the words "the sale of movable property, real estate and enterprise 'are deleted.
6. In Paragraph 175v (4), the sentence "The liens which provide claims whose debtor is a person different from the deceased shall also cease to exist."
7. In the second sentence of Paragraph 200ua (2), the words "the general court of the creditor 'shall be replaced by the words" a court in whose district the executor has his seat'.
8. In § 210a, the words "or decision given in accordance with Part Six 'shall be inserted after the words" (§ 208).
9. In Paragraph 251, the words "and if the case is referred to in paragraph 2, 'shall be inserted after the words" enforceable decision'.
10. In Section 251, the current text becomes paragraph 1 and the following paragraphs 2 and 3 are added:
"(2) The Court of First Instance shall order and enforce the judgment:
(a) the education of minors;
(b) if it is not an enforceable title which may be carried out in accordance with the administrative or tax rules;
(c) where an application is made for the removal of an apartment or room with a replacement;
(d) reporting from the common residence and not making contact with the creditor;
(e) institutions of the European Communities (78a),
(f) if there is a foreign decision58f).
(3) Where an application for enforcement is brought before a court in a case other than that referred to in paragraph 2, the court shall reject the application. ';
11. in Article 255, the following paragraph 3 is added:
"(3) The debtor's spouse shall also be a party to the proceedings where the assets of the debtor's spouse (Section 262a (3)) are affected by the execution of the decision. '
12. In Paragraph 258 (1), the words "payment order with a money institution 'are replaced by the words" property management' and the words "business sale 'are replaced by the words" business handicaps'.
13. In Article 261 (1), the sentence "In the application for enforcement of a decision, the competent home number of the debtor, if known, shall be inserted after the first sentence. ';
14. In Article 262a, the following paragraph 3 is added:
"(3) The enforcement of decisions by withholding from the salary or other income of the debtor's spouse, by ordering the debtor's claim to the account of the money institution, by ordering another cash claim to the debtor's spouse or to the impairment of other property rights of the debtor's spouse may be ordered if it is to obtain an undertaking belonging to the joint capital of the spouses. The provisions of Titles 2 and 3 shall apply mutatis mutandis. ';
15. in Article 263, the following paragraph 3 is added:
"(3) Where a decision granting the beneficiary the right to returnees is enforced and enforcement by salary reductions is not sufficient to cover such benefits, the enforcement of the decision may be ordered by other means to execute the decision to the extent of the sum of those benefits and, if the benefits are for an indefinite period, to the extent of five times the annual performance. He shall pay benefits to the entitled court as soon as they become due. ';
16. In Section 267, the following paragraph 3 is added:
"(3) Similarly, in accordance with paragraph 1, property belonging solely to the spouse of the debtor, because he acquired it before marriage, inheritance, gift, for property belonging to his exclusive property or under the rules governing the restitution of property which he owned before marriage, or which was awarded to him as the legal successor of the original owner, or because, according to his nature, he serves only his personal needs. '
17. in Article 274 (1) (e), the words "and executive" shall be deleted and the words "Special Laws 80) shall be replaced by the words" Special Laws 80) ";
Footnote 80 reads as follows:
"80) § 71a to 71c of Act No. 358 / 1992 Coll., as amended."
18. in Article 274 (1) (f):
"(f) enforceable decisions and other enforceable titles of public authorities;"
19. in Article 274 (1), point (g) is deleted;
Points (h) and (i) shall be renumbered as points (g) and (h).
20. At the end of the text of § 278, the words "(the" non-entertainable amount ") 'are added.
21. In the first sentence of Paragraph 279 (1) and in the first, second and third sentences of Paragraph 298 (1), the word "basic" shall be replaced by the word "non-entertainable."
22. in Paragraph 293, the following paragraph 2 is inserted after paragraph 1:
"(2) The payment of benefits under special legislation by the district social security administration shall also be regarded as a change of salary. If a new wage payer has received from the previous wage payer the documents necessary for the execution of the decision by salary reductions, Paragraph 294 does not apply. Paragraph 295 shall not apply. '
Paragraph 2 shall become paragraph 3.
23. In Article 293, the following paragraphs 4 and 5 are added:
"(4) If the payer changes in accordance with paragraph 2 during a calendar month, account shall be taken of the non-recoverable amount in full or, where applicable, at a lower amount, if the amount of the non-recoverable amount does not reach the current salary payer.
(5) If the salary of the current wage payer has not reached the amount of the non-recoverable amount, the new wage payer referred to in paragraph 2 shall be credited to the wage (sickness insurance benefits) payable in a calendar month with an amount equal to the difference between what the current wage payer has counted in a calendar month and the non-recoverable amount. The current wage payer shall notify the new wage payer of this fact no later than the end of the calendar month in which the salary payer is changed. '
24. In the first sentence of Paragraph 298 (1), the words "(§ 278) 'are deleted.
25. In Section 303, at the end of paragraph 2, the words "(hereinafter referred to as the" deposit book ") 'shall be added.
26. In Section 303, the following paragraph 3 is added:
"(3) The execution of the decision by ordering a claim from an account with a money institution may not be ordered in respect of an account with a money institution in which the funds to be paid through a social system card are available. ';
27. in Article 304b, the following paragraph 2 is inserted after paragraph 1:
"(2) The funds referred to in paragraph 1 shall be paid by the cash institution to the debtor no more than once at his request. This shall be understood by the debtor in order to enforce the decision. '.
Paragraph 2 shall become paragraph 3.
28. In Paragraph 312, paragraph 2 is replaced by the following:
"(2) The Court of First Instance shall proceed in accordance with paragraph 1 even if the performance resulting from the contractual relationship of which the debtor is a participant is subject to or subject to the attainment of an age or other course of time. If appropriate, the court, after having jurisdiction over the enforcement order, shall, by its decision, replace the declaration of will required to give notice of this contractual relationship or the request for execution. The consent of a third party, where it is subject to legal action, shall be replaced by a resolution ordering enforcement. The actions required for the exercise of the right which falls under the special legislation of the debtor shall be carried out by the place of the debtor. ';
Paragraph 2 shall become paragraph 3.
29. § 314b reads:
㤠314b
(1) If appropriate, the court, instead of the procedure laid down in Paragraph 314a, shall order the sale of the claim at auction. It applies mutatis mutandis in accordance with Articles 328b, 329 (1) to (6) and 329a to 330a.
(2) If the auctioneer pays the highest bid properly and on time, the auctioneer shall be transferred to the auctioneer all rights and obligations relating to the claim still testifying to the debtor, with legal effects at the time of the award. The transfer of rights in the auction shall be notified by the court to the debtor. Where the performance of an auctioned claim is guaranteed by a lien, guarantee or otherwise, the court shall notify the transfer of rights in the auction to the person who provided the collateral, if such a fact is known to the court. ';
30. The following Section 314c is inserted after § 314b:
㤠314c
(1) Where the debtor's claim has been terminated under special legislation82) or transferred to secure the creditor's claim (83) or transferred to ensure the debtor's obligation for the benefit of his creditor (84), and where those rights have an earlier order than the claim for which enforcement has been ordered, enforcement of the decision in this way or part of it may be effected only if the rights have ceased to exist without payment of the claim to the debtor. In such a case, the debtor of the debtor's claim (part of it) shall pay the creditor only after he has become aware of the termination of the right; Paragraph 314a (2) is without prejudice to this.
(2) Where the rights referred to in paragraph 1 have a later order than the claim for which enforcement has been ordered, they shall not be taken into account in the execution of the decision.
(3) Where the rights referred to in paragraph 1 are in the same order as the claim for which enforcement has been ordered and the unaffected part of the claim affected by the enforcement regulation (Paragraph 312 (3)) is not sufficient to satisfy the recovery claim in full, the recovery claim or, where applicable, its outstanding part shall be paid in proportion.
(4) The ranking of the rights referred to in paragraph 1 shall be the date of their establishment. ';
31. in Article 320 (2), "§ 312 (2)" is replaced by "§ 312 (3)";
32. In Paragraph 320, at the end of paragraph 2, the sentence "In order to determine the applicable price, the court shall add experts if the price cannot be determined from the contract on the basis of which the other property right arose."
33.
㤠320a
Disability of the debtor's participation in a public company and an associate in a limited company
(1) If a public trading company is a member of a public trading company by way of regulation, the enforcement of the decision shall affect the right-to-share claim of the winding-up balance.
(2) If, as a result of a regulation implementing a decision, only the participation of a shareholder in a public company, the enforcement of a decision affects a claim from the right to a settlement interest.
(3) Paragraphs 312 (3) and 313 to 316 shall apply mutatis mutandis to the enforcement of the decisions referred to in paragraphs 1 and 2.
(4) The provisions of paragraphs 1 to 3 shall also apply to the disability of the participation of the debtor in a limited partnership, if he is an associate. "
34. The following Sections 320aa and 320ab are inserted after Section 320a:
"Disability of the debtor in a limited liability company, in a cooperative and commanditists in a limited company
§ 320aa
(1) In the enforcement order, the court prohibits
(a) the obligation to transfer his or her share of a commanditist to a limited liability company, a commercial interest in a limited liability company or its membership rights and obligations in a cooperative (hereinafter referred to as "share"), or to burden him or her; and
(b) to the competent authority of the limited liability company, limited liability company or cooperative to give consent to the obliged entity for the transfer or to the burden of the share, if necessary.
(2) Commonwealth companies, limited liability companies or cooperatives are to be served in their own hands.
§ 320ab
(1) If the share is freely transferable, the order on the order for the execution of the decision shall be sold after the legal authority. The Court of First Instance is acting in accordance with § 328b to 330a. If the right to use the flat is linked to the cooperative's share, the order under Article 320a of the Court of First Instance shall apply mutatis mutandis in accordance with § 336 to 337h; the auction order shall be sent by the court to the cooperative. If the right to use the flat is linked to the cooperative's share and a third party's legal act is required to conclude the lease agreement with the member of the cooperative, the latter shall be deemed not to be transferable.
(2) In order to determine the applicable price, the court shall add experts; to that end, the trading company or cooperative shall provide the court and experts with the information necessary to determine the price of the share.
(3) The Auction Order shall be served by the court to the trading company or cooperative.
(4) Where another member or member of a cooperative participates in the auction and makes the same highest submissions with other auctioneers, the case shall be granted.
(5) The auction may also sell a proportion that is limited to transferable. In such a case, the case may be granted only to those who prove before the auction that they meet the requirements laid down by law, by a social agreement or by the statutes for the acquisition of a holding.
(6) Specific legislation provides for the effects of granting the case. The award of the case shall be notified to the trade register and the trading company or, where appropriate, to the cooperative.
(7) If the share cannot be sold even in a repeated auction, the court shall inform the limited liability company, limited liability company or cooperative in writing without undue delay.
(8) The execution of the decision shall be subject to a claim from the right to the settlement interest if the share cannot be sold even in a repeated auction or if the share is not transferable. Paragraph 312 (3) and paragraphs 313 to 316 shall apply mutatis mutandis to the enforcement of a decision affecting the debtor's right of settlement. '
35. In Part Six, Title Four, including the headings, reads:

„HLAVA ČTVRTÁ

_
Regulation enforcement
§ 320b
(1) The execution of the decision by the management of the property may be ordered only if the creditor designates the property or its file, the management of which he proposes, and if he proves that the property or its file is the property of the debtor. The court shall inform the cadastral office in whose district the property is situated of the application for enforcement.
(2) An application for further enforcement by the administration of the same property lodged before the competent court before the court has final decision on enforcement shall be deemed to be an accession to the proceedings from the date of the application. The application of another creditor lodged before a non-competent court shall be referred by the court without decision to the competent court; in that case, the application shall be deemed to have acceded to the proceedings as from the date on which the application has reached the competent court. The other entitled person must accept the state of the procedure in which he is present at the time of his accession.
§ 320c
The management of the property is decisive for the order for enforcement at the time of the opening of the procedure.
§ 320d
In the order of enforcement order, the court must:
(a) prohibit, upon delivery of the order, the property from being transferred to or encumbered by someone else;
(b) prohibit the receiving of benefits or benefits resulting from real estate;
(c) order that, within 15 days of service of the order, the property be indicated whether and who is using the property, whether and who has a lease contract with the property or part of it, whether the property is burdened with material burdens and to whom such a right attests;
(d) order that, within 15 days of service of the order, he communicate how and by whom supplies of services related to the use and management of the property are secured and whether, by whom and to what extent the property is insured,
(e) order that, within 15 days of service of the order, he communicate whether the property is in dispute or otherwise; and
(f) order the court to allow it at any time to consult accounting records, contracts and other documents relating to real estate and to enter all premises without restriction.
§ 320e
The order for enforcement shall be delivered by the court to the creditor, to those who acceded to the proceedings as a further authorisation, to the debtor, to the spouse of the debtor and to the competent cadastral office in whose district the property in question is situated.
Property management
§ 320f
(1) Property management is carried out by a court. Each act may be carried out by the executor or another official of the court, under the authority of the Judge. If the nature of the property so requires, the court shall appoint an administrator. Paragraphs 338i to 338l apply mutatis mutandis.
(2) The application for the opening of administrative or judicial proceedings concerning immovable property and the acts relating to such proceedings shall be made by the debtor in place of the compulsory court. Legal acts relating to real estate shall be carried out in place of a compulsory court.
(3) The Court of First Instance shall take appropriate measures to ensure that the property is properly and successfully used economically, in particular to order the debtor to deposit the benefits of the property on his account and to prohibit, set off or otherwise dispose of the property.
(4) Instead of the debtor, the court confirms the fulfilment of the debt.
(5) If the benefits referred to in paragraph 3 are not in money, they shall be surrendered to a court which shall ensure that they are auctioned in accordance with § 328b to 330a.
§ 320g
(1) The Real Estate Management Regulation does not affect rental contracts relating to real estate. However, the Tribunal may terminate such contracts under the conditions laid down by law, by this Treaty or by another agreement with the lessee and negotiate other lease agreements.
(2) The Court of First Instance shall be entitled to terminate or otherwise terminate and conclude new contracts ensuring the supply of services related to the use and management of immovable property and insurance contracts under the conditions laid down by law, by such contracts or by agreement with the suppliers of such services. It may also seek the removal of property, the termination of burdens in kind or the termination of other relationships on the basis of which the property is used, under the conditions laid down by the special law, by such contracts or by agreement with the parties to such legal relations.
§ 320h
(1) The revenue received by the court by the administration of the property shall be surrendered, after deduction of the expenditure, to the person entitled to satisfy his recovery.
(2) The expenditure referred to in paragraph 1 shall be reimbursed in the following order:
(a) real estate management costs;
(b) the transactions resulting from insurance contracts and contracts providing services related to the use and management of the property;
(c) the cost of maintaining and repairing the property;
(d) the costs of the property proceedings,
(e) property tax for the duration of the management of the property.
(3) The payment of the proceeds of the administration shall be made by the court to the creditor every 3 months, unless the payment is made within a longer period.
§ 320i
Other performance of decisions
(1) An order for the enforcement of a decision by the management of a property does not prevent the enforcement of a decision by the sale of the property. The management of the property shall end on the date of the legal power of the resolution on the case and the payment of the highest filing, or on the date of the legal power of the decision on the price and payment of the price.
(2) The order for enforcement by the management of the property prevents the enforcement of the decision by ordering another cash claim where such a claim constitutes the income of the property administration. The court will suspend the performance already ordered. The rights of such performance shall have the status of another creditor in the property management proceedings. For the order, the day the motion is out of court. Until now, outstanding claims from these transactions shall be subject to the obligation to hand over to the court.
§ 320j
Management of a joint ownership interest in real estate
(1) The enforcement of the decision by the management of the joint ownership interest in the property shall be governed by the provisions governing the enforcement of the decision by the management of the property.
(2) The order for enforcement of decisions by the administration of a joint ownership interest in real estate is also served on the joint owners.
(3) The revenue obtained by the court by the management of the property shall be distributed, after deduction of the expenditure, according to the amount of the joint ownership shares, from the proportion attributable to the debtor, the costs of the proceedings shall be paid and the remainder of the revenue shall be passed on to the person entitled to satisfy his recovery.
(4) If the other joint owners so propose to the court, the court may exercise the management of the whole property. '
36. In Paragraph 322, at the end of paragraph 2, the dot is replaced by a comma and the following point (e) is added:
"(e) animals for which the economic effect is not the main purpose of breeding and which serve as a companion to man."
37. In Article 324, the words "which the executor writes" are replaced by the words "taken in the inventory."
38. A heading is inserted above Paragraph 325: "The inventory on the spot '.
39. in Paragraph 325b, the following paragraph 3 is added:
"(3) At the request of the person who is entitled to be present at the inventory, an alert shall be taken on the tour of the apartments and other rooms. If necessary, a record of the course of the tour may be taken on its own motion. The persons present must be informed of this at the start of the inspection. '
40. In Article 326 (5), the words "deposit certificates' are deleted.
41. In Article 326, paragraphs 10 to 12 are added:
"(10) The inventory shall exclude items for which it is proposed by the debtor and the authorised to be excluded shall give its consent.
(11) If the court finds a probable claim by the person present at the census that the case is in the possession of a third party, it shall immediately inform that third party in writing of the implementation of the census and inform him of the right to submit the application pursuant to Article 267.
(12) In order to request a person who claims that the case in the inventory is in his possession, the court shall communicate the information necessary for the exercise of the right under Paragraph 267. '
42. The following Sections 327a and 327b are inserted after Section 327:
"Other inventory
§ 327a
(1) If the information on the subject is known from a register established by law or other records kept in accordance with the law, such a matter shall be included in the inventory by entry into the record.
(2) The court shall immediately inform the person or authority keeping the register or other records of the implementation of the inventory. Where possible, the person or authority shall record the inventory. The details of the inventory shall be kept by the person or authority throughout the period of enforcement of the decision.
(3) After the order on the enforcement order has been given, the debtor shall be invited to refer the case to the court without delay.
§ 327b
(1) The Court of First Instance is acting in accordance with Paragraph 327a, if it is aware that the debtor is entitled to make a deposit on the deposit book.
(2) The notice of concept in the inventory shall be sent by the court to the Financial Institute in its own hands and shall inform the Financial Institution that the debtor must not dispose of the deposit book from the time of the inventory.
(3) The Court of First Instance shall invite the debtor to submit the deposit book to it without delay. If, at the latest, the order on the enforcement order is not in force, the court shall bring an action for its recovery. '.
43. The following heading is inserted above Section 328: "Further procedure for the sale of movable goods'.
44. in Article 328b (3), the last sentence is replaced by the words "The auction court shall order at least 30 days after the date of issue of the auction order, but not earlier than 30 days after the date of service of the notification of the implementation of the inventory provided for in Article 326 (11). No appeal is admissible against an auction order. '
45. in Article 328b (4), the word "date," shall be inserted at the beginning of point (a).
46. In Paragraph 328b, the following paragraph 6 is added:
"(6) If it has been established that an action has been brought to exclude the case sold from the enforcement of the judgment (§ 267), the court of auction of the case shall defer until the final decision on the action has been taken. '
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Regulation Information

CitationAct No. 396 / 2012 Coll., amending Act No. 99 / 1963 Coll., Civil Code, as amended, and other related laws
Regulation TypeLaw
Author-
CollectionCode of Laws
Date of Promulgation26.11.2012
Effective from01.01.2013
Effective until-
Status Valid
Legal Areas: Civil law Civil law of procedure
The regulation text is for informational purposes only.

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