Full text of Act No. 444 / 2009 Coll.

Full text of Act No. 120 / 2001 Coll., on Judicial Executives and Enforcement Activities (Enforcement Order) and on the amendment of other laws, as is apparent from subsequent amendments

Valid Declared full text
Text versions: 15.12.2009
Contents
ČÁST PRVNÍ HLAVA I § 1 § 2 § 3 § 4 § 5 § 6 § 7 § 7a § 8 § 8a § 8b § 8c § 8d HLAVA II Díl 1 § 9 § 10 § 11 § 12 § 13 § 14 § 15 Díl 2 § 16 § 17 § 18 Díl 3 § 19 § 20 § 21 § 22 § 23 § 24 § 25 § 26 § 27 HLAVA III Díl 1 § 28 § 29 § 30 § 31 § 32 § 33 § 33a § 33b § 33c § 34 Díl 2 § 35 § 36 § 37 § 38 § 39 § 40 § 41 § 42 § 43 § 44 § 44a § 44b § 45 § 46 § 47 § 48 § 49 § 50 § 51 § 52 § 53 § 54 § 55 § 55a § 55b § 55c § 56 § 57 HLAVA IV § 58 § 59 Díl 1 § 60 § 61 Díl 2 § 62 § 63 § 64 § 65 Díl 3 § 65a Díl 4 § 66 § 67 § 68 § 69 § 69a Díl 5 § 70 § 71 Díl 6 § 72 § 73 HLAVA V Díl 1 § 74 § 75 § 76 § 76a Díl 2 § 77 § 78 § 79 § 80 § 81 § 82 § 83 § 84 § 85 § 86 HLAVA VI § 87 § 88 § 89 HLAVA VII § 90 § 91 § 91a § 92 HLAVA VIII Díl 1 § 93 § 94 § 95 § 96 § 97 § 98 § 99 § 100 § 101 Díl 2 § 102 Díl 3 § 103 § 104 Díl 4 § 105 § 106 § 107 § 108 HLAVA IX § 109 § 110 § 111 § 112 § 113 § 113a § 114 § 115 HLAVA X § 116 § 117 § 117a § 117b § 118 § 119 § 120 § 120a § 121 § 122 § 123 HLAVA XI § 124 HLAVA XII § 124a § 124b HLAVA XIII § 125 HLAVA XIV § 126 § 127 § 128 § 129 § 130 § 131 § 132 § 133 až 150 § 151
444
PRESIDENT OF THE GOVERNMENT
Announces
The full text of Act No. 120 / 2001 Coll., on the Law of the Executives and Enforcement Activities (Enforcement Order) and on the amendment of other laws, as resulting from the amendments made by Act No. 6 / 2002 Coll., Act No. 279 / 2003 Coll., Act No. 301 / 2003 Coll., Act No. 17 / 2004 Coll., Act No. 57 / 2006 Coll., Act No. 70 / 2006 Coll., Act No. 79 / 2006 Coll., Act No. 133 / 2006 Coll., Act No. 253 / 2006 Coll.
THE LAW
on judicial execution and execution activities (execution order)
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

EXECUTIVE RULES

HLAVA I

BASIC PROVISIONS
§ 1
(1) The court executor (hereinafter referred to as "the executor") is a natural person meeting the requirements of this Act, which has been entrusted by the State to the executive agency.
(2) Under the mandate of the Executive Board, the Executive Director carries out the forced execution of the execution titles (hereinafter referred to as "execution activity ') and other activities under this Act.
§ 2
The executor performs the execution activity independently. In the execution of the execution activity he is bound only by the Constitution of the Czech Republic, by laws, other laws and decisions of the court given in enforcement proceedings and enforcement proceedings.
§ 3
(1) The executor carries out execution and other activities against payment.
(2) The activity of the executor is incompatible with other gainful activities except the management of own property. However, the executor may, in return, perform scientific, publishing, teaching, interpretation, expert and artistic activities.
§ 4
repealed
§ 5
(1) The executive may employ staff.
(2) On the basis of a written mandate given by the executor, its staff may carry out the execution activities and other activities under the conditions and to the extent laid down by this law.
(3) The employment relationship of the executive staff is subject to specific legislation2).
§ 6
The body of the self-administration of the executors is the Executive Chamber of the Czech Republic ("the Chamber ').
§ 7
(1) State control over the execution and execution activities of the executor under § 74 (1) (c) and § 76a shall be exercised by the Ministry of Justice (hereinafter referred to as "the Ministry"). The Ministry also carries out state supervision on the basis of written initiatives by legal or natural persons.
(2) In the exercise of State supervision, the Ministry examines the lawfulness of the court executor procedure, compliance with the office rules and the continuity and duration of the execution procedure.
(3) The Ministry is entitled to exercise state supervision
(a) carry out regular checks on the executive offices;
(b) consult, extract and copy the files, documents and records of the executor;
(c) require, within a time limit to be specified, the Executive Director's written observations on the matter subject to national supervision;
(d) require an oral explanation by the executor or, where appropriate, his staff on a matter which is subject to national supervision, if the written observations referred to in (c) are not necessary or insufficient;
(e) to enter the premises of the Executive Office following prior notification to the Executive Director or his representative, who shall be responsible for the management of the Office.
(4) The Executive Director is obliged to provide the Ministry with the required synergies in the exercise of State supervision by:
(a) send copies of the required documents within a time limit set by the Ministry or, where appropriate, for the period of the necessary file;
(b) provide the written observations referred to in paragraph 3 (c);
(c) the summons shall be accompanied by the oral explanation referred to in paragraph 3 (d).
(5) The Chamber shall supervise the activity of the executor, the management of the activity of the Executive Board and compliance with the obligations laid down by the Executive Director by the Law on certain measures against the legalisation of proceeds from crime and terrorist financing. Paragraphs 3 and 4 shall apply mutatis mutandis to the exercise of supervision.
(6) State supervision of the execution activity and of the activity referred to in Article 74 (1) (c) shall also be exercised by the President of the District Court to whose district the executor is appointed. If national supervision is involved in a particular case, also the President of the District Court, who has appointed the executor to carry out the execution. Paragraphs 2 to 4 shall apply mutatis mutandis to the exercise of State supervision by the President of the District Court. The President of the District Court may delegate state supervision to the Vice-President of the Court. The President of the District Court may delegate individual acts in the exercise of State supervision to a senior judicial officer.
§ 7a
Minor shortcomings in the execution and other activities of the executor or minor misconduct in the conduct of the Ministry, Chamber or President of the District Court shall be expressed in writing to the executor.
§ 8
Minister of Justice ("Minister ')
(a) appoint and dismiss executors;
(b) after consulting the Chamber, determines or increases the number of executive offices in the district of each district court and any changes thereto;
(c) on a proposal from the Chamber, it may transfer the executors with their consent to the perimeter of another district court,
(d) appoint one-third of the members of the Examination Committee and two-thirds of the members of the Panel of Appeal from among judges;
(e) declare a selection procedure.
§ 8a
(1) The Chamber is obliged to submit to the Ministry within 30 days all the state regulations adopted by its institutions. This is without prejudice to Paragraph 110 (8).
(2) If the Minister considers that the State Code of the Chamber is contrary to the law, he is entitled to submit an application for review by the Court within two months of its adoption.
§ 8b
The Chamber shall immediately send the Ministry a copy of the Act of the Chamber and the related documents.
§ 8c
(1) If the resolution, decision or other measure of the Chamber is contrary to a law or other law and is not subject to a state regulation, the Ministry may repeal such act of the Chamber. Decomposition has no suspensive effect.
(2) Paragraph 1 shall not apply to infringements of civil, commercial, family or labour law. Furthermore, the provisions of paragraph 1 shall not apply to decisions and other acts of the Chamber taken under the administrative rules or under the Law on the Administration of Taxes and Duties.
§ 8d
(1) If the Chamber repeatedly seriously violates the obligation laid down by law, the Minister may decide on the compulsory administration of the Chamber. No degradation may be brought against the compulsory management decision. The first act in the insolvency proceedings may be the adoption of a decision on compulsory administration by the Chamber. The Minister may amend the decision on the compulsory administration of the Chamber.
(2) The date on which the decision on the compulsory administration of the Chamber becomes final shall, to the extent provided for in that decision, be suspended from the office of the Chamber's authorities, except for bringing an action before the courts against that decision. Decision-making of cases falling within the competence of the Comoros authorities shall, at this time, proceed to the Ministry in so far as the performance of their duties has been suspended. The Ministry shall act on behalf of the Chamber on these matters to the extent specified in the decision on compulsory administration of the Chamber.
(3) If the function of the Chamber's authorities has not been suspended or to the extent that it has not been suspended, those authorities may decide on matters within their competence only with the consent of the Ministry, otherwise such a decision shall be void. In cases in which the Ministry does not act on behalf of the Chamber on the outside, the Chamber may act only with the agreement of the Ministry, otherwise such acts shall be void. The first and second sentences shall not apply to the bringing of an action before a court against a decision to impose forced administration of the Chamber.
(4) The costs of the compulsory administration are borne by the Ministry.
(5) The compulsory administration ends with the delivery of the Minister's decision on its termination, no later than 3 years after its introduction. At the next meeting of the Assembly, the Ministry shall report on the performance of the compulsory administration and on the state of the Chamber's management and assets.

HLAVA II

EXECUTOR

Díl 1

Executioner and Executive Office
§ 9
(1) A citizen of the Czech Republic may be appointed as Executive
(a) has full legal capacity;
b) he obtained complete university education at the law school of a university based in the Czech Republic,
(c) is righteous;
(d) has carried out at least three years of executive practice; and
(e) have passed the executive exam.
(2) Executive practice means the practice of an executive, an executive candidate and an executive associate under this law. The Ministry shall take full account of the practice of a judge, a judge of the Constitutional Court, an assistant judge, a prosecutor, a lawyer, a notary, a commercial lawyer, a prosecutor, an assistant prosecutor, a judicial candidate, a legal candidate for the prosecution, a lawyer associate, a notarial associate, a notarial candidate, a legal candidate for the public prosecutor and a legal candidate for a commercial lawyer; other legal practice may include a maximum of 2 years.
(3) An executive examination is understood as an executive expert examination under this law. The Ministry shall recognise the professional judicial examination, the judicial examination, the uniform judicial and legal examination, the prosecutor's examination, the bar exam, the notarial examination, the commercial lawyer's examination and the final examination of the legal examiner for the executive examination under this Act.
§ 10
(1) The Executive Director shall be appointed by the Minister to the Executive Board on the basis of a selection procedure within 1 month of the end of the procedure, to the seat in the district of the District Court.
(2) The Ministry shall hold a selection procedure no later than 1 month after the release of the Executive Office or, if there is an increase in the number of Executive Offices, within 1 month of the decision to increase the number of Executive Offices.
(3) Any person who fulfils the conditions laid down in § 9 may apply to the selection procedure within a time limit specified by the Ministry.
§ 11
(1) The executor may carry out his activities only if:
(a) take the oath in the hands of the Minister,
(b) conclude a liability insurance contract which could arise in connection with the execution of the execution activity.
(2) The executor is required to conclude a contract of liability insurance which could arise in connection with the execution of the execution activity and to prove with a copy or certified copy of this contract to the Chamber within 30 days of its appointment by the executor. If the executor employs employees, he shall be obliged to conclude a contract of insurance for his liability and for damage caused by his employees in connection with the activity under this law.
(3) The liability insurance that could arise in connection with the execution of the execution activity must continue throughout the execution of the Executive Office.
§ 12
(1) The candidate selected to be appointed to the Executive Board shall take the following oath in the hands of the Minister before his appointment: "I promise on my conscience and civil honour that I will maintain the Constitution of the Czech Republic, constitutional and other laws and regulations and shall apply them as a judicial executor to the best of my knowledge and conscience, in the performance of the execution activity I will act independently and fairly and will maintain the obligation of secrecy concerning all the facts that I will learn about the execution or other activity of the executor."
(2) If the applicant refuses to make a promise or if he makes a promise subject to a reservation, he may not be appointed as executor and the Minister shall appoint a candidate to the Executive Office who has placed himself in the next place after the tenderer who has refused to make a promise or has made a promise subject to the reservation.
§ 13
(1) The Executive Director shall manage the activity of the Executive Board, which shall carry out on its behalf all the tasks necessary for the proper execution of the Executive Board. The executor uses the executor's card, stamp and seal in his activity, which contain:
(a) his name, surname and title;
(b) the designation "court executor,"
(c) the address of the executor;
(d) national emblem of the Czech Republic.
(2) The card of the executor, stamp and seal shall be issued by the executor of the Chamber.
(3) The specimen of the stamp and seal of the executor is in Annex 1 to this Act.
§ 14
(1) The seat of the Executive Office shall be the municipality in which the seat of the District Court is situated, to which the executor has been appointed. Another seat in the district of this court may be chosen by the executor only after consultation with the Chamber.
(2) The Executive Office shall be designated in accordance with Annex 2 to this Act.
§ 15
(1) The execution of the Executive Office shall cease to exist.
(a) death of the executor,
(b) declare the executor dead,
(c) by appeal of the executor,
d) if the executor has lost citizenship of the Czech Republic,
(e) where the executor has been deprived of or restricted to legal capacity;
(f) the date of the legal authority of the decision imposing a disciplinary measure on the appeal from the Executive Office.
(2) The Minister for the Executioner shall appeal
(a) at his request,
(b) where the executor has been convicted of an intentional offence or of an offence committed in connection with an execution operation;
(c) if the executor does not provide the Chamber with a copy or a certified copy of the contract of insurance of his liability for damage within 30 days of his appointment by the executor or if his insurance of liability for damage ceases and the executor does not renew it within 30 days;
(d) if the executor does not open his office at the office of the Executive Office to which he was appointed and is not prepared to carry out the execution activity within 3 months of the lodging of the promise without serious reasons;
(e) where the court, acting on a proposal from the Ministry, has ruled that the executor cannot properly perform the execution activity for at least 1 year due to his state of health.
(3) The execution of the Executive Director's office shall be suspended on the date of service of the decision to appeal, unless the Executive Director's appeal is requested.
(4) The Minister shall initiate proceedings for the appeal of the executor within 1 month of the date of receipt of the request for appeal by the executor or of any other grounds for appeal. If the Chamber becomes aware of the grounds for appeal referred to in points (b) to (e) of paragraph 2, it shall notify the Ministry without delay.
(5) The executive appointed to the executive agency whose performance has ceased to exist shall take over the outstanding files of that executive office and carry out both executive and other activities. It shall inform the parties thereof and inform the creditor that it may request a change of the executor. The share of the executor whose performance of the office has ceased to exist or of his heirs in the remuneration of the newly appointed executor shall be determined by agreement. If the agreement is not delivered to the Chamber within two months of the appointment of the new executor, the Chamber shall decide. The newly appointed executor shall arrange for the transmission of completed files, registers, stamps, cards and seals in accordance with Section 103 (1).

Díl 2

Representation of the executor
§ 16
(1) After the appointment of the executor to the Executive Board, the Chamber shall, on his proposal, appoint him a representative in the event of illness, leave, suspension or termination of the execution of the Executive Board or for other serious reasons for which he is unable to exercise his office. The Chamber shall also appoint a representative of the executor if it has not itself proposed a representative within 1 month of its appointment, and in the event of suspension of the performance of its office. The represented executor and the representative shall agree on the part of the representative in the remuneration of the represented executor. If the agreement is not delivered to the Chamber within two months of the appointment of the representative, the Chamber shall decide.
(2) The representative shall be appointed from among the candidates of the executor, if not, from the executors appointed in the district of the relevant district court or their candidates, and, if not, from the executors appointed in the district of the relevant regional court or their candidates. An executive nominee may be appointed as a representative only if he fulfils the conditions laid down in Paragraph 11 (1) (b).
(3) The executor is required to notify in writing to the Chamber and to his designated representative, without undue delay, the occurrence or termination of the facts referred to in paragraph 1. The information referred to in paragraph 1 shall include, in particular, the reason and the date from which the executor cannot exercise his office. The notice of termination referred to in paragraph 1 shall contain the reason and the date from which the executor may exercise his office. The representation shall begin on the day on which the representative becomes aware of the facts referred to in paragraph 1, and shall end if, after the expiry of the executive office, a new executor has been appointed to the executive office or if the other reasons for the representation have been omitted. Without undue delay after the date of termination of the representation, a settlement shall be made between the representative and the represented executor or, where appropriate, his heirs, at the date of termination of the representation.
(4) If representation continues, the represented executor may not carry out the execution activity. The representative of the executor shall be responsible for any damage caused by a breach of confidentiality. Damage caused by employees of the represented executor shall be the responsibility of the represented executor. This is without prejudice to the provisions of special legislation3).
(5) The provision of a candidate representative shall be subject to the agreement of the executor with whom the candidate is in employment.
(6) An appeal may be brought before a court against a decision of the Chamber on the appointment of a representative and the determination of the proportion of the remuneration of the represented executor.
(7) The Agreement pursuant to paragraph 1 and Article 15 (5) register the Chamber.
§ 17
(1) The representative of the executor shall sign the documents in his name and surname, indicating the name and surname of the executor he represents.
(2) If the representative is the executor, he uses his stamp and seal. If he is an executive candidate, he uses the stamp and seal of the executor he represents.
(3) The provisions of this Law applicable to the executor shall also apply to the executor if he or she carries out the office of executor as a representative of the executor.
§ 18
(1) The Chamber shall appoint a new representative for the executor,
(a) if the designated representative is the executor and the execution of his executive office has ceased;
(b) if the designated representative is the Executive nominee and the Chamber withdraws him from the list of candidates or if his liability insurance for damages has ceased and has not been renewed by the Chamber within the prescribed period, or if a disciplinary measure has been imposed on him,
(c) if the designated representative requests release from the post of representative,
(d) if the represented executor so requests.
(2) Paragraph 16 shall apply mutatis mutandis to the provisions of the new representative.

Díl 3

Executive staff
Executive associate
§ 19
(1) The Executive Associate (hereinafter referred to as "the Associate") is an employee of the Executive Director entered in the list of Associates.
(2) The Chamber is the head of the list of associates.
§ 20
(1) The Chamber will include in the list of associates on the proposal of the executor of a Czech citizen who
(a) has full legal capacity;
b) he obtained complete university education at the law school of a university based in the Czech Republic,
(c) is righteous;
(d) is in employment with the executor.
(2) Entry into the list of associates shall be carried out by the Chamber within 1 month of the date of service of the Executive Director's proposal. The Board of Appeal shall notify the Board of Appeal and the Board of Appeal of its refusal to register.
(3) Those who have not been entered in the list of associates within the prescribed time limit and, with the agreement of the executor, with whom those who have not been entered in the list of associates within the prescribed time limit, have the right to seek registration in court. If either of those persons does not bring an action within 2 months of the receipt of the notice of refusal of registration by the Chamber, but no later than 6 months after the receipt of the application for registration by the Board of Associates, the right to register the person who has not been entered in the list of associates shall cease to exist within the prescribed time limit.
§ 21
(1) The Executive Director may entrust the Executive Director in writing with the implementation of the operations which are the subject of the execution or other activity.
(2) However, the executor cannot entrust the associate to issue the execution order. A conciliator may not auction a real estate or a firm, issue decisions in execution by selling a real estate or an undertaking, or establish an executive lien.
§ 22
(1) The Chamber shall remove from the list of associates,
(a) who died or who was declared dead;
(b) who has lost citizenship of the Czech Republic,
(c) who has been deprived of legal capacity or whose legal capacity has been restricted;
(d) who has been convicted of an intentional offence or of an offence committed in connection with an execution operation;
(e) who requested the Comoros to be removed from this list in writing,
(f) who has terminated his employment with the executor;
(g) who has been included in the list of executive candidates.
(2) The Board of Directors shall notify the Board of Directors and the Executive Director of his or her employment.
(3) He who has been removed from the list of associates and, with his consent, the executor who has been removed from the list of associates has the right to seek protection in court. If either of those persons does not bring an action within 2 months of the receipt of the notice from the Chamber of removal from the list of associates, the right to protection of those who have been removed from the list of associates shall cease.
Executive candidate
§ 23
(1) The executive candidate (hereinafter referred to as "candidate") is an executive employee entered on the list of executive candidates.
(2) The list of candidates is headed by the Chamber.
§ 24
(1) Upon written request by the Associate, the Chamber shall enter on the list of candidates who:
(a) it is entered on the list of associates on the date of registration and for whom there is no reason to delete it pursuant to § 22 (1) (a) to (f);
(b) have carried out at least three years of executive practice;
(c) have passed the executive examination.
(2) The composition of the executive test must be allowed to anyone who fulfils the conditions set out in paragraph 1 (a) and (b).
(3) The minutes referred to in paragraph 1 shall be made by the Chamber within 1 month of receipt of the request. The Chamber shall notify the candidate and the executor with whom the candidate is in employment.
(4) Any person who has not been entered in the list of candidates within the time limit and, with his consent, the executor who has not been entered in the list of candidates has the right to seek entry in the list of candidates by application to the court. If either of those persons does not bring an action within 2 months of the receipt of the notification by the Chamber of refusal to enter the list of candidates, but no later than 6 months after the receipt of the application for entry in the list of candidates of the Chamber, the right to enter the person who has not been entered in the list of candidates within the time limit shall cease.
§ 25
The executor may entrust the candidate in writing with the execution of execution or other activities.
§ 26
(1) The Chamber shall remove the candidate from the list of candidates for the reasons set out in Article 22 (1) (a) to (f).
(2) They shall notify the candidate and the executor with whom the candidate is or has been in employment.
(3) He who has been removed from the list of candidates and, with his consent, the executor who has been removed from the list of candidates has the right to seek protection in court. If either of those persons fails to bring an action within 2 months of the receipt of the notice of removal from the list of candidates by the Chamber, the right to protection of the person who has been removed from the list of candidates shall cease.
§ 27
Executioner and other employees
(1) The executor may employ the executor and other staff in employment.
(2) The executor may entrust the executor in writing with the execution of the actions carried out by the executor in the execution of the decision under the Civil Code). It may entrust additional staff to carry out simple tasks which are the subject of execution or other activities.
(3) The executor may be a citizen of the Czech Republic who
(a) has full legal capacity;
(b) is righteous;
(c) has a full secondary education;
(d) be in employment with an executor for at least 1 year;
(e) have passed the qualification test of the executor.
(4) The scope and manner of the qualification test of the executor shall be determined by the Chamber in accordance with Sections 110 (7) (c) and 110 (8).
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Regulation Information

CitationFull version of Act No. 444 / 2009 Coll., Act No. 120 / 2001 Coll., on Judicial Executives and Enforcement Activities (Enforcement Order) and on the amendment of other laws, as resulting from subsequent amendments
Regulation TypeDeclared full text
Author-
CollectionCode of Laws
Date of Promulgation15.12.2009
Effective from-
Effective until-
Status Valid
Legal Areas: Civil law Civil law of procedure Labour relations Labour law Judicial and Public Prosecutor's Office Administrative offences Administrative law State (official) control Constitutional (state) law Fundamental human rights Eligibility for the pursuit of certain professions (activities)
The regulation text is for informational purposes only.

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