Act No 404 / 2012 Coll.
Act amending Act No. 99 / 1963 Coll., Civil Code, as amended, and some other laws
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Effective from 01.01.2013
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01.01.2013
27.11.2012
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404
THE LAW
of 24 October 2012
amending Act No. 99 / 1963 Coll., the 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. 1 / 2006, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 6, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 6, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 6, Act No. 5, Act No. 6, Act No. 6, Act No. 5, Act No. 6, Act No. 5, Act No. 6 / 2000, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 2000, Act No. 5, Act No. 5, Act No. 5, Act No. 2000, Act No. 2000, No 2006, No 2006, Act No. 2006, No 1999, Act No. 2000, No No.
1. in Article 9 (2), point (i), including footnote 1a, shall be deleted;
Point (j) shall be renumbered (i).
2. In Paragraph 26, the following paragraph 5 is inserted after paragraph 4:
"(5) Where there is an alien in the cases of a worker (applicant), the proceedings may also be represented by a legal person established pursuant to special legislature57c) whose activities in the statutes include the protection of the rights of foreigners; the same applies in the procedure for the release of a foreign person from the collateral. ';
Paragraph 5 shall become paragraph 6.
3. In Paragraph 26 (6), "paragraphs 3 or 4 'is replaced by" paragraphs 3 to 5'.
4. In Article 36d (1), the words "or a member of the Chamber appointed by him 'shall be inserted after the words" the President of the Chamber'.
5. In Paragraph 38, paragraphs 5 and 6 are added:
"(5) A notary appointed pursuant to paragraph 1 and his staff shall be required to remain silent on all the facts which they have learned in connection with the implementation of the succession proceedings. The obligation of confidentiality shall not be limited in time and the notary or his staff may be released from it by the President of the court which appointed the notary pursuant to paragraph 1.
(6) The notary shall refer to the competent court the submissions made to him as judicial commissioner after he has already carried out all the necessary acts in the proceedings for inheritance and after having forwarded the matter to the court. "
6. in § 50b (4) (c), "§ 191b (2)" is replaced by "§ 191b (3)";
7. In Paragraph 82, at the end of paragraph 1, the sentence "Where a proposal to initiate proceedings is made through a public data network and an electronic application intended to submit such a proposal, the procedure shall be open when the proposal is available to the information system intended to receive such a submission. '
8. In Paragraph 100 (4), at the end of the fourth sentence, the words "; the presence of a child's confidant who is not his legal representative and whose participation in an interview is requested by the child may be ruled out by the court only if the purpose of the hearing is undermined by his presence '.
9. In Article 114b (2), the words "the expiry of the period k 'shall be inserted after the words" from the date'.
10. in Article 114b (4), the words', replacement service is excluded 'shall be deleted and after the first sentence the sentence' Replacement service shall be excluded; This does not apply if delivered via the public data network to the data box. ';
11. at the end of the text of paragraph 2, in Article 114c, the words "this shall not apply if delivered via a public data network to a data box."
12. in the last sentence of Article 118b (1), the words' and, if not, the first 'shall be replaced by' paragraphs 1 to 3 'shall be inserted after the words' after the preparatory ';
13. In Article 120 (2), the words "in the proceedings for the annulment of the notice of the rent of an apartment, in the procedure for a unilateral increase in the rent of an apartment 'shall be inserted after the words" the rent of an apartment'.
14. In Section 122 (2), at the end of the first sentence, the words "or the proof may be made using a technical apparatus for the transmission of images and sound 'shall be added.
15. In Paragraph 129, the words "or, if appropriate, submit to the participants, if sufficient, at the end of paragraph 1," shall be added.
16. in Article 139 (4), the sentences of the second and third paragraphs are deleted;
17. In Paragraph 172, the sentence "Paragraph 36a (1) (a) shall not apply 'shall be added at the end of paragraph 1.
18. in Paragraph 174a, the following paragraph 2 is inserted after paragraph 1:
"(2) The application for an electronic payment order must contain, in addition to the general requirements (Section 42 (4)) and the requirements laid down in Section 79 (1), the date of birth of the natural person, the legal person identification number or the natural person who is an entrepreneur."
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
19. In Article 174a, paragraphs 5 and 6 are added:
"(5) An electronic payment order may not be issued,
(a) if the court continues proceedings after its interruption; or
(b) a fee has not been paid for the procedure for issuing an electronic order for payment due by the application for the initiation of proceedings or by the court designated for that purpose.
(6) Resistance to electronic payment orders may also be filed on an electronic form signed by an guaranteed electronic signature. This form shall be published by the Ministry in a way that allows remote access. ';
20. In Article 175 (1), the word "three 'is replaced by" 8'.
21. In Paragraph 191b, at the end of paragraph 1, the sentence "The consent of the guardian of the person deprived or limited in his capacity for legal action shall not replace the consent of the person placed. If the Institute does not make a notification pursuant to Paragraph 191a, the located or its legal representative shall be entitled to bring an application for the initiation of proceedings. '
22. in Paragraph 191b, the following paragraph 2 is inserted after paragraph 1:
"(2) In the procedure for the declaration of admissibility of the takeover or holding in an institution or of an appeal which has been terminated because the latter has been dismissed from the Institute or has subsequently agreed in writing to its location, it shall be continued if, within 2 weeks of the time when the order to terminate the proceedings has been served, the latter declares that he insists on hearing the case. This is something to be taught by the occupant. '
Paragraphs 2 to 4 shall become paragraphs 3 to 5.
23. In the first sentence of Paragraph 191b (4), the words "in particular," and the words "and the medical practitioner, where appropriate," shall be replaced by the words "the treating physician and" and, at the end of the paragraph, the sentence "If the hearing is ordered, it shall normally be held in the Institute; Paragraph 115 (2) shall not apply."
24. in Article 191b (5), the word "seven" shall be replaced by the number "7," at the end of the text of the first sentence, the words "and, if so, whether those reasons persist" shall be added and the sentence "If the court concludes that the takeover has not taken place for legal reasons, or that those reasons no longer exist, it shall order the release of the institution."
25. Paragraph 191c (1) reads:
"(1) The order provided for in Paragraph 191b (5) shall be delivered within 24 hours of its issue to the person present, if his medical condition so permits, to his representative or guardian for the proceedings and the institution. If he does not deliver himself to the locator, the court shall take other appropriate measures to enable the locator, in an appropriate form, to become acquainted with and have access to the content of the order. If the court has ordered release from the Institute, the Institute shall, upon service of the order, be obliged to release the person placed without delay. '
26. In Paragraph 191c (2), at the end of the second sentence, the words "or that these reasons no longer exist 'shall be added.
27. in Paragraph 191c, the following sentence is added at the end of paragraph 2: "The Court of First Instance shall submit the file to the Court of Appeal without undue delay after the appeal has been served on it. The appeal lodged shall be decided by the appeal court within one month of the submission of the file; that period shall not apply if the proceedings are continued under Paragraph 191b (2). ';
28. In Paragraph 191d (1), the words "and that those grounds persist 'shall be inserted after the words" legal reasons'.
29. in the second sentence of Article 191d (3), the word 'placed' shall be deleted after the words' heard ';
30. in Article 191d (4), the word "three" shall be replaced by "3" and the words "and the duration of its reasons" shall be inserted after the words "taking over."
31. the following Article 191h is inserted after Article 191g:
(1) If a localised person whose health requires urgent care is taken into the Institute and who, due to his state of health, is unable to take legal action and is not caused by a mental illness, the court shall, within 7 days of the date on which the takeover took place, decide without a hearing whether to accept the takeover.
(2) The President of the Chamber shall appoint a guardian for proceedings from persons close to him, unless special reasons are prevented; where this is not possible, the guardian shall appoint another appropriate person. If the guardian cannot be appointed by a close or other appropriate person, the President of the Chamber shall appoint a guardian for legal proceedings.
(3) The Court of First Instance will decide, in particular, on the basis of the opinion of the treating physician on the state of health of the worker. The order shall be delivered to the institution and to the guardian for proceedings. There are no appeals against this resolution.
(4) The Institute has an obligation to notify the court within 24 hours of such a change in the state of health which justifies the initiation of proceedings under Paragraph 191b (1).
(5) Paragraphs 191a (1) and 191g apply mutatis mutandis. Paragraph 191b (1) shall apply mutatis mutandis. ';
32. in Article 200da (2), the reference to footnote 53c is deleted;
33.In Article 200da (8), "2 and 3" is replaced by "3 to 5."
Article 34 (200ua), including the title and footnotes 34g and 34h, shall be deleted.
35. In Paragraph 202, at the end of paragraph 1, the dot is replaced by a comma and the following point (q) is added:
"(q) the payment order has been cancelled pursuant to Section 173 (2)."
36. In Paragraph 208 (2), at the end of the text of the first sentence, the words "and in matters relating to inheritance were added when it was lodged within the time limit with a notary who had been appointed by the court to carry out, as a judicial commissioner, acts in the proceedings for succession '.
37.In Paragraph 218b, "15" is replaced by "7."
38. The following Section 218c is inserted after Section 218b:
The President of the Board of Appeal or an authorised member of the Board may decide to terminate the appeal proceedings before the Court of Appeal and to dismiss the appeal pursuant to Article 218 or Article 218a. '
39. In Paragraph 229, at the end of paragraph 3, the sentence "The same shall apply if it is for a final judgment of the Court of First Instance against which an appeal is not admissible under Paragraph 202 (2)."
40. In Paragraph 229, at the end of paragraph 4, the words "as well as the final order of the Court of Appeal, which has been confirmed or amended by the order of the Court of First Instance on the refusal of an appeal or of a late notice 'shall be added.
41.
Unless otherwise provided, the appeal shall be admissible against any decision of the appellate court terminating the appeal proceedings if the contested decision depends on the resolution of a substantive or procedural law, the resolution of which by the appellate court deviated from the established practice of the appellate court or which has not yet been resolved in the decision of the appellate court or is decided differently by the appellate court, or where the appeal court has decided otherwise.
(1) Article 237 is not admissible
(a) in cases governed by a family law, unless it is a judgment on the limitation or waiver of parental responsibility or suspension of enforcement, the determination (denial) of parenthood or the irrevocable adoption;
(b) in the case of international child abductions under an international treaty which is part of the legal order 62g) or under the directly applicable regulation of the European Community62h),
(c) in cases governed by the Act on Registered Partners33c),
(d) against judgments and orders in which the contested statement has been relied upon in respect of cash transactions not exceeding CZK 50 000, except as regards relations from consumer contracts, employment relations or matters referred to in Paragraph 120 (2); the accessories of the claim shall not be taken into account;
(e) as regards the suspension of enforcement or execution;
(f) against resolutions against which an action for confusion is admissible pursuant to Paragraph 229 (4);
(g) against the resolutions which decided on the interim measure, the order of order, expert or interpretation.
(2) In the case of repayable cash transactions, the operative sum of all repayable transactions is to be determined in order to determine whether the contested claim has been made. However, where there is a cash performance for life, for an indefinite period or for a fixed period of more than 5 years, it shall be decided only five times the annual performance.
The appeal is also admissible against the order of the Court of Appeal which, in the course of the appeal proceedings, has been decided on who is the procedural successor of the party to the proceedings, on the entry into the place of the earlier party (§ 107a), on the accession of another party (§ 92 (1)) and on the substitution of the party (§ 92 (2)).
The admissibility of an appeal (§ 237 to 238a) is only authorised by a court of appeal; Paragraph 241b (1) and (2) shall be without prejudice to this. ';
42. In Section 240, at the end of paragraph 2, the words "and in matters relating to inheritance shall also be added if the notice is lodged within the time limit of the notary who has been appointed by the court to carry out, as judicial commissioner, an action in the proceedings for succession '.
43. In Paragraph 240 (3), the word "four 'is replaced by the word" three'.
44. § 241a reads:
(1) An appeal may be lodged only on the ground that the decision of the appeal court is based on an incorrect legal assessment of the case.
(2) In addition to the general requirements (Paragraph 42 (4)), the reference to which the decision is directed, the extent to which the decision is contested, the definition of the ground of appeal in which the appellant sees compliance with the conditions of admissibility of the claim (§ 237 to 238a) and what the appellant seeks (the application).
(3) The grounds for the appeal shall be defined by indicating the legal assessment of the case which the appellant considers to be incorrect and by explaining the inaccuracy of the legal assessment.
(4) The appeal may not refer to submissions made by the appellant for proceedings before the Court of First Instance or in appeal proceedings.
(5) The content of the pleading in which the appellant has indicated the extent to which the decision of the appellate court is contested or in which he has defined the grounds for the appeal, without complying with the condition laid down in Paragraph 241, is disregarded.
(6) New facts or evidence cannot be claimed in the complaint. "
45. in Article 241b (2), the words "pursuant to Article 238" shall be inserted after the words "against which there is no appeal."
46. in Article 241b (3), the first sentence is replaced by the following: "A notice which does not contain information as to the extent to which the decision of the Court of Appeal is contested, in which the appellant sees compliance with the conditions for admissibility of a notice (Sections 237 to 238a) or which does not contain a definition of the ground of appeal, may be supplemented only for the duration of the period of the period of notice of appeal."
47. in Article 242 (3), the words "grounds applied" are replaced by the words "grounds defined" and the words "even if they have not been invoked";
48. Paragraph 242 (4) reads as follows:
"(4) The parties may, for the duration of the period for which the appeal is lodged, modify the definition of the ground of appeal and the extent to which the decision of the appeal court is contested; no need for the court's consent to change. ';
49. Paragraph 243 to 243d, including the title, read:
Before a decision on an appeal, the court of appeal may, of its own motion, defer:
(a) the enforceability of the contested decision where the immediate execution of the decision or execution would threaten serious harm to the appellant; or
(b) the power of the contested decision, if the appellant is seriously threatened in his rights and does not affect the delay in the legal relations of any person other than a party to the proceedings.
(1) The Court of First Instance shall decide on the application, as a general rule, without a hearing. If it is deemed necessary, it shall order the hearing to be heard.
(2) Where the Court of Appeal orders the hearing, it shall apply mutatis mutandis in accordance with Articles 215 and 216 (3).
The provisions relating to proceedings before the Court of First Instance shall apply mutatis mutandis, unless otherwise specified; However, the provisions of Sections 43, 92, 95 to 99 and 107a do not apply to the procedure.
Decision on the appeal
(1) An appeal lodged against a decision of the Court of Appeal which is not admissible or which suffers from defects which have not been remedied within the time limit (Paragraph 241b (3)) and for which the appeal proceedings cannot be resumed shall be dismissed by the Court of Appeal. The order for such an authorisation shall be issued by the court within 6 months of the date on which the case was referred to it (§ 241b).
(2) In order to adopt a resolution on the refusal of an application on the ground that an application is not admissible under Paragraph 237, the consent of all members of the Chamber should be required.
(3) Paragraphs 218 (b), 218a, 224 (1) and (2) and 225 apply mutatis mutandis to proceedings before the Court of Appeal. If the appellant withdraws the request completely, the court of appeal shall terminate the proceedings.
If it did not proceed in accordance with § 243c, the authorising court
(a) dismiss the appeal if it concludes that the decision of the appeal court is correct; or
(b) the decision of the Court of Appeal may be amended if the Court of Appeal has ruled incorrectly and if the outcome of the proceedings has shown that a decision on the case may be taken. "
50. The following Sections 243e to 243g are inserted after Section 243d, including the title:
(1) If the conditions for the termination of the appeal procedure are not met, for the refusal of the appeal, for the refusal of the appeal or for the amendment of the decision of the appeal court, the decision of the appeal court shall be annulled.
(2) If the court of appeal withdraws the decision of the appeal court, it shall refer the case back to him for further proceedings. Where the grounds for which the decision of the Court of Appeal has been annulled also apply to the decision of the Court of First Instance, the Court of First Instance shall revoke the decision and shall refer the case back to the Court of First Instance for further proceedings, or shall refer the case to the Court of First Instance in substance. The Court of Appeal shall also revoke any other decisions given in proceedings at first instance or in appeals which are dependent on the annulled decision of the Court of Appeal.
(3) If the court of appeal rescinds the decision of the appellate court because a binding legal opinion has not been respected (Paragraph 243g (1)) or there have been serious defects in the proceedings, it may order that the case be dealt with in the subsequent proceedings by another Chamber or order the case to be further brought by another court of appeal. In the event that the Court of Appeal also rescues the judgment of the Court of First Instance, it may also order that the case be referred to another Chamber (self-judge) in the further proceedings or order the case to another Court of First Instance.
(4) If the court of appeal withdraws the decision of the Court of Appeal and the Court of First Instance in respect of the defects referred to in Article 229 (1) (a), (b) or (d) and in Article 229 (2) (a) or (b), it shall also decide to terminate the proceedings and, where appropriate, to refer the case to the institution under its jurisdiction.
(1) The decision of the appellate court shall be the decisive factor at the time of the contested decision of the appellate court.
(2) The President of the Chamber of Appeal or an authorised member of the Chamber may decide to suspend an appeal procedure or to refuse an appeal which has been filed late or which has not been properly completed or corrected and cannot be resumed in the appeal procedure for this deficiency.
(3) In the justification of the order rejecting the appeal or terminating the appeal, the court shall only briefly state why the appeal is late, inadmissible or suffering from defects which prevent the continuation of the appeal procedure or why the appeal had to be terminated. Where an appeal has been refused or the appeal has been terminated, the decision to pay the costs of the appeal need not be justified.
(4) The Court of Appeal shall act by judgment if it rejects the appeal against the judgment of the Court of Appeal or if it amends or repeals the judgment of the Court of Appeal; decide otherwise by a resolution.
Further procedure
(1) If the court of appeal rescues the decision of the Court of Appeal (judgment of the Court of First Instance), the case shall be referred to the court to which the case has been referred or referred back for further proceedings; Paragraph 226 applies mutatis mutandis. The court shall decide on the costs of the proceedings, including those of the appeal proceedings, in a new decision on the case.
(2) Legal relations of someone other than a party to proceedings cannot be affected by a new decision. "
51. in Article 261 (4), the words "imposing a financial obligation" shall be inserted after the words "(hereinafter referred to as the decision of the institutions of the European Communities").
52. § 353 reads:
(1) At the request of a creditor of a judicial decision, of a court settlement or of a authentic instrument which satisfies the conditions laid down in the directly applicable European Union34f (European Enforcement Order) for certification as a European Enforcement Order or a partial European Enforcement Order, the court shall confirm that decision, conciliation or authentic instrument as a European Enforcement Order or a partial European Enforcement Order under the conditions laid down in the directly applicable European Union34f). If the conditions for issuing the certificate are not fulfilled, the court shall not issue it and shall inform the creditor in writing of the reasons.
(2) In the case of a decision and a court settlement, the court which approved the decision or the court settlement shall be competent to issue a certificate of the European Enforcement Order and a partial European Enforcement Order. In the case of an authentic instrument, the court in whose territory the person who has drawn up the authentic instrument shall be competent to issue a certificate of the European Enforcement Order and a partial European Enforcement Order.
(3) Subject to the conditions laid down directly by the applicable European Union34f law, the court shall, upon request, correct or revoke the confirmation of the European Enforcement Order or of the partial European Enforcement Order issued pursuant to paragraph 1. If the conditions for correction or cancellation are not met, the sentence of the second paragraph 1 shall apply mutatis mutandis.
(4) The competent court which issued the certificate shall be responsible for correcting or cancelling the confirmation of the European Enforcement Order or the partial European Enforcement Order. ';
Transitional provisions
1. Save as otherwise provided, the Civil Procedure Code shall apply, as effective from the date of entry into force of this Law, to proceedings initiated before the date of entry into force of this Law; the legal effects of the actions taken in the proceedings before the date of entry into force of this Act remain.
2. In proceedings initiated before the date of entry into force of this Act, the provisions of Paragraph 120 (2) of the Act, as effective from the date of entry into force of this Act, shall not apply.
3. All procedures for declaring the admissibility of taking over or holding in a health care institution initiated before the date of entry into force of this Act shall be completed in accordance with existing legislation.
4. The appeal against decisions of the Court of First Instance before the date of entry into force of this Law shall be examined and decided in accordance with the existing legislation, except for Article 218c of the Act, which shall be applied in an effective manner from the date of entry into force of this Act.
5. All proceedings under Section 200ua of the Civil Code initiated before the date of entry into force of this Act shall be completed in accordance with existing legislation.
6. Actions for confusion against decisions given before the date of entry into force of this law shall be discussed and decided in accordance with existing legislation.
7. An appeal against decisions of the Court of Appeal before the date of entry into force of this Law shall be examined and decided in accordance with existing legislation, with the exception of Article 243c (3) of the Act, which shall be applied in an effective manner from the date of entry into force of this Law.
Amendment to the Constitutional Court Act
Act No. 182 / 1993 Coll., on the Constitutional Court, as amended by Act No. 331 / 1993 Coll., Act No. 236 / 1995 Coll., Act No. 77 / 1998 Coll., Act No. 18 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 48 / 2002 Coll., Act No. 202 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 114 / 2003 Coll., Act No. 83 / 2004 Coll., Act No. 120 / 2004 Coll., Act No. 234 / 2006 Coll., Act No. 342 / 2006 Coll., Act No. 227 / 2009 Coll., Act No. 275 / 2012 Coll., is amended as follows:
1. Paragraph 8 (1) reads as follows:
"(1) Each Judge shall be appointed at least one Assistant Judge (hereinafter referred to as" Assistant ') for a period not exceeding the period for which the Judge whose Assistant is concerned has been appointed.';
2.
(1) An assistant may be appointed as an upstanding person who has a university legal education.
(2) The assistant may resign; the employment of an assistant shall cease on the day following that on which the notice of resignation was delivered to the President of the Constitutional Court, unless the notice of resignation mentioned a later day.
(3) The assistant's employment is further terminated
(a) the termination of office of the Judge whose assistant he has been appointed;
(b) the date of the legal power of the judgment by which the assistant was sentenced for the offence;
(c) by appeal,
(d) the expiry of the period for which he was appointed if he was appointed for a specified period.
(4) Where an assistant has performed a post of at least three months, the assistant whose employment has ceased in accordance with paragraph 3 (a) shall be entitled to a severance allowance according to the number of years of service of the assistant, up to a maximum of three times the average monthly earnings.
(5) The assistant is obliged to remain silent about the things he has learned about in connection with the performance of his duties. This obligation shall continue after the termination of his duties. The President of the Constitutional Court may waive this obligation. '.
3. In Article 14, the words "in the cases referred to in Article 11 (2) (a) to (k) 'are deleted.
4. In Article 40 (2), the words "and the Chamber 'shall be inserted after the words" Judge-Rapporteur' and the words "who is a permanent member of the Chamber 'shall be deleted.
5. In Paragraph 41, the present text becomes paragraph 1 and the following paragraphs 2 and 3 are added:
"(2) The Judge may also entrust his assistant with the execution of the procedural acts of the Judge-Rapporteur in accordance with paragraphs 3 and 4 of Article 42, with the exception of the interview of a witness.
(3) The President of the Constitutional Court may entrust other official persons of the Constitutional Court to the implementation of the acts referred to in paragraph 1 (a) in the schedule of work. "
6. Paragraph 43 (3) reads as follows:
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Regulation Information
| Citation | Act No. 404 / 2012 Coll., amending Act No. 99 / 1963 Coll., Civil Code, as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.11.2012 |
|---|---|
| Effective from | 01.01.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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