Act No. 46 / 1959 Coll.
Law on zmene právomosti súdov a o zmene a doplenení niektorých uvedení z odbor súdstéria a štátnych notárstiev
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Effective from 01.09.1959
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46.
Law
of 8 July 1959
amending the jurisdiction of the courts and amending and supplementing certain provisions in the field of justice and public notaries *)
The National Assembly of the Czechoslovak Republic decided on the following Act:
Act No. 142 / 1950 Coll., on Civil Procedure (Civil Procedure Order), as amended by Act No. 68 / 1952 Coll. and the Legal Measures of the Bureau of the National Assembly No. 63 / 1955 Coll., is amended as follows:
1. Paragraph 18 reads:
"(1) At the request of the President of the Supreme Court or of the Attorney General, the Supreme Court may:
(a) if it considers it necessary to withdraw the case from the competent People's Court and order it to proceed with the proceedings and to decide on the Regional Court;
(b) withdraw, for important reasons, the case in which the appeal against the judgment of the People's Court of First Instance was brought and decide on its own appeal.
(2) The court which then decides on the case shall be governed by the rules governing the procedure applicable to the court to which the case has been removed. "
2. The following Section 20a is inserted after Section 20:
Place and time of judicial proceedings
(1) The actions of the court shall normally take place in the court building. If the nature of the action or if it is necessary to expedite proceedings, to clarify the matter properly or for other important reasons, in particular educational matters, then the action of the court shall take place outside the courthouse.
(2) If an action is to be carried out in the building of a public administration, public institution or undertaking, this must be announced in advance to the person responsible for their management.
(3) In military or military-occupied buildings and businesses or in public forces buildings, the court may carry out the necessary action only with the permission of the competent chief.
(4) On working days, the operations may be carried out in specially justified cases. ';
3. Paragraph 43 (1) (c) reads as follows:
"(c) an accurate and true statement of the facts and an indication of the evidence relied on by the applicant;"
The following paragraph 3 is added to Paragraph 43:
"(3) Protocols replacing such submissions shall have the same formalities as written submissions. '
4.
"(1) Written submissions made by telegraphic means which did not have the formalities prescribed for written submissions shall be repeated in writing or orally.
(2) If the telematic submissions were to remove the other elements prescribed for written submissions, the lack of a handwritten signature [Paragraph 43 (1) (e)] should be removed by giving an additional brief statement of consent to the content of the telegraphic submission. A statement of consent may be made in writing or orally into the Protocol. At the same time, the necessary annexes are to be submitted.
(3) If the court fails to make an additional submission in accordance with paragraph 1 or to give its consent in accordance with paragraph 2 within three days of the date of receipt of the submission of the submission by telegraph, the court shall proceed in accordance with Paragraph 45. ';
5. The title of the third episode reads:
"Service and subpoena'
6.
"Means of service
(1) A document must be served in the hands of the addressees only in cases provided for by law, or if the court considers it necessary for important reasons. A delivery note shall be attached to the documents the service of which must be established.
(2) Documents are normally delivered by post. If the President of the Chamber considers this to be more advantageous, service shall be effected by the service of the court-setter. In cases of particular urgency, the President of the Chamber may request notification by the management authority of the relevant local national committee or, in particular, by an ordered presentation, by the competent public security authority. If the document is to be served on an official act, the service shall be provided by the authority to carry out the act; the performance of the service shall be certified in the record which has been drawn up.
(3) Several documents for one person may be served on one service only if they are for the same cause.
(4) Documents may also be served in court; the receipt of the document shall be confirmed in the file. ';
7. The following Section 46a to 46d is inserted after Section 46:
Place of service
A document can be delivered to the addressee in an apartment, workplace or anywhere.
Service of documents to authorities and organisations
(1) The documents to be served on the courts, prosecutors, investigative bodies or other State bodies, hereinafter referred to as the institutes, undertakings and other organisations, and to be made available to them, must be delivered to the person authorised under the law or the Statute to represent the institution or organisation.
(2) Documents which are not to be served in their own hands shall be served on persons entitled to receive documents for the authorities and organisations. If there are no such persons, they shall be delivered to any staff member present who is willing to accept them.
Documents addressed to active-duty soldiers and members of the armed corps may be served on a case-by-case basis through the Chief of these persons; If not known, this may happen if the soldiers are involved, through the crew commander, and if the other members of the armed forces are involved, through the nearest public security authority.
Documents addressed to persons in custody or on whom a prison sentence is imposed shall be served through the administration of the prison institution. ';
8. Paragraph 47, including the title, reads:
"Replacement service
Procedure for documents not delivered into their own hands
(1) If the addressee has not been contacted in the apartment where the document is to be delivered to him, although he is staying at the place of service, the document may be delivered to another person in the roommate's apartment if he is willing and able to take over the document.
(2) If the addressee has not been contacted at his place of work, although he is staying at the place of service, the document may be served to one of his co-workers, if he is willing to take it over.
(3) The document shall not be delivered to the respondents or to the person having an interest in the case; such delivery is ineffective.
(4) If the addressee is not present at the place of destination and the bearer can identify the new place of residence, he shall send the document to a new address, unless it is expressly stated on the consignment that non-destination service is excluded. ';
9. The following Section 47a and 47b are inserted after Section 47, which includes the title:
Save the document
(1) If it is not possible to deliver a document or to replace it in accordance with Paragraph 47, although the addressee is staying at the place of service, he shall deposit it:
(a) the postal carrier at the post office and, if the post office is not at the place of service, the executive body of the local national committee;
(b) the service provider of the court before the court, if he delivers at the seat of the court, otherwise to the executive body of the local national committee;
(c) the authority of the local national committee with the executive body of the local national committee.
(2) The service provider shall inform the addressee of the deposit of the document by means of a notification which he leaves in his apartment or in his letter box or at his place of work, or shall be attached to the door of his apartment or any other appropriate place; where possible, inform the neighbourhood or its co-workers at the workplace. These circumstances, as well as the date and place of deposit of the document, shall be noted by the service provider and returned to the court.
(3) The date on which the document was lodged shall be deemed to be the date of its service. Such deposit has the effect of delivery, even if the addressee did not know about the deposit of the document.
Replacement service on own hands
If the document cannot be delivered to the recipient's own hands, even if it is delayed at the place of service, the service provider shall leave a written notice at one of the places referred to in Paragraph 47a (2) to be present on a particular day and hour for receipt of the document. If this call is not met, the service provider shall deposit a document (§ 47a (1)) and a notice of deposit (§ 47a (2)) indicating that the recipient is to collect the document served within three days. If the document has been deposited and the consignee has not picked it up within three days, the last day of the period shall be deemed to have been the day on which the service was effected, even if the recipient has not been aware of the deposit. ';
10. Paragraph 50, including the title, reads:
"Denial of receipt of the document served
(1) If the addressee refuses to accept the document without cause, the wearer shall inform him of the consequences of the refusal to accept it, he shall mention it to the wearer together with the date and reason for the refusal to accept it and return the document to the court.
(2) If the court considers that acceptance has been refused without cause, the document shall be deemed to have been served on the date on which the receipt was refused. '
11. The following Section 52a is inserted after Section 52:
Appeals
(1) The summons shall normally be made in writing, or, where possible, orally, in urgent cases, by telegraph or by telephone. If a person has been summoned orally, by telegraph or by telephone, a record of this shall be made in the file; If she was summoned orally in an interview, it shall be noted in the record. The written summons shall indicate the legal consequences associated with the absence of the summons without cause.
(2) Soldiers in active duty and members of the armed corps in active duty are summoned through their chief. If the Chief of Soldiers in active duty is not known, he shall be summoned through the Chief of Staff; If the Head of Public Security is not known in active service, he shall be summoned through the nearest part of Public Security. ';
12.
"Jurisdiction of the President of the Senate in service and summons
The Order on service and summons shall be issued by the President of the Chamber; it shall also decide on all other measures relating to service and summons, including the provisions of the guardian. ';
13. In Paragraph 58, the present text becomes paragraph 1 and paragraph 2 is added as follows:
"(2) Where an arbitration procedure has been preceded by judicial proceedings in labour matters and the appellant has properly continued the proceedings, the legal effects referred to in paragraph 1 relating to the submission of the application shall remain maintained with the arbitration body. ';
14. The following Section 69a is inserted after Section 69:
Demonstration
(1) Demonstration shall be requested from the relevant part of Public Security; the presentation of a minor shall be requested by the relevant part of Public Security, unless the demonstration can be carried out by an employee of the court or body responsible for youth care.
(2) The Chief of Staff shall be asked to present the troops in active duty and the members of the armed corps.
(3) The order for presentation shall be issued by the President of the Chamber, who shall also decide on all other measures relating to the presentation. "
15. Paragraph 3 is added to Paragraph 87:
"(3) Paragraph 1 shall also apply to experts. Experts who cannot submit a reliable opinion without a thorough examination of the files may be lent by the President of the Senate of the file. '
16. In Article 100 (2), the following sentence is inserted at the end of the sentence:
"The manner of presentation is subject to the provisions of § 69a. '
17.
"The President of the Chamber shall decide on the reimbursement of the completed expenses and the remuneration for the expert's (expert's) activity, applied under the special rules; If the expert fee has not been charged by the end of the proceedings or within a time limit specified by the President, the President shall take a decision on its own initiative. The expert's decision shall also be delivered to the person who charged it."
18.
"Paragraph 100 to 105 shall apply mutatis mutandis to experts. However, as an expert, only those who have been designated by the authority or organisation of the socialist sector as having been asked to do so by the court or, where appropriate, those who carry out a particular field as their profession shall be required to act. '
19. Paragraph 128 (1) reads as follows:
"(1) The Court of First Instance shall order the party in whose interest it has ordered an act requiring costs, or the party whose action has given rise to costs, to lodge an advance. The President of the Chamber shall proceed in the same way outside the oral hearing. '
20. Paragraph 138 (1) reads as follows:
"(1) The costs shall be adjusted by the court at the rates set by the Minister of Justice by decree. '
21. Paragraph 168 is added to paragraphs 3 and 4 as follows:
"(3) When resolutions of a simple nature which comply fully with the submitted application and need not be justified, the written copy of the order may be replaced by a brief authorisation record.
(4) The parties may, in order to expedite the case, submit to the court at the same time as the necessary copies of the order which they propose to issue without hearing the parties. '
22. the following Section 180a is inserted after Section 180:
"(1) The Court of Appeal may, by order without oral action, revoke the judgment of the Court of First Instance on the ground that:
(a) the court, at the oral hearing immediately preceding the judgment, was not duly filled or the judge (the judge of the people) was present at the hearing;
(b) the proceedings for the case under decision are not within the jurisdiction of the courts or the courts should have preceded the proceedings for another;
(c) the same case has already been definitively decided or is pending before a court in another proceedings which has been initiated before,
(d) a party to the proceedings lacks the capacity to be a party;
(e) the party has been deprived of the opportunity to participate in the proceedings by unlawful procedure of the court and, if the defect cannot be remedied,
(f) it is stated in the appeal that the Court of First Instance in the judgment on the objection of incompetence has ruled incorrectly or not at all.
(2) If the Court of Appeal rescues the judgment, it may, as the case may be, either refer the case back to the Court of First Instance for further proceedings and decisions or cancel the proceedings of the first chair and, where appropriate, reject or refer the application. '
23.
"If the appeal court has not decided to appeal without oral hearing, the President of the Chamber shall order oral proceedings. '
24. the following paragraph 2 shall be added to Paragraph 184, which shall be renumbered paragraph 1:
"(2) The Court of First Instance shall not be limited to hearing within the limits of appeals in cases in which proceedings may be initiated on an official basis and the infringement would prejudice persons under special protection of the law. '
25. Paragraph 189, including the title, reads:
"Service of the decision of the appeal court
The appeal court may deliver the judgment directly to the parties present; otherwise, the decision of the appellate court shall be served by the court of the first storehouse to which the appellate court shall return the files. ';
Article 26 (194) (1) reads as follows:
"(1) The Court of First Instance may, on its own, satisfy a complaint where it contests a resolution from which a person other than the complainant has not yet acquired rights or where a fine or an order for presentation is imposed on the order imposing an obligation to pay the court fee. '
27. the following sentence shall be added to Paragraph 207:
"If the court authorises renewal, the contested decision shall remain unaffected until the court decides again on the substance of the case. '
28. In Paragraph 231, the present text becomes paragraph 1 and paragraph 2 is added as follows:
"(2) Where, in proceedings for the divorce of a marriage, a decision is also made on the rights and obligations of parents towards minor children and their property, the minor children shall, in so far as the proceedings concern them. ';
29. § 240 reads:
"(1) If there are minors, the court shall also decide on the rights and obligations of parents towards minors and their property by the judgment in which divorce is given; the decision may take legal power only in all parts of the operative part of the operative part.
(2) The provisions of paragraph 1 shall not apply if the participants are aware of the rights and obligations of their parents towards minors and their property to an agreement approved by the court. "
30. The designation of the head of the second and its first part shall be:
DOCTOR, DOCTOR, FAMILY IN FAMILY POWER AND HUSBAND AND RELIEF
Maternity, parental and custody matters
31. Paragraph 244, including the title, reads:
"Authority
The courts rule in custody matters and in matters of children in parental power, if not on custody for reasons of property management (Section 60 of the Law on Family Law). In the case of children over whom custody is exercised, the courts shall rule only in cases expressly provided for in the law. "
32. The following Section 244a is inserted after Section 244:
"Jurisdiction
The court responsible for the cases referred to in Paragraph 244 shall be the general court protected. If this court is not known or unable to intervene in good time for the protégé, the court in whose district the protégé is resident shall, as soon as possible, refer the case to the court responsible. ';
33.
"Entry into court
(1) The Senate shall discuss and decide on the maintenance of children, on the adjustment of parents' contact with children, on the approval of important acts for protectors, on the removal of the guardian, on the surname and, where appropriate, on the name of the child, on the exercise of parental power, on all its limitations and on its demise; It also acts and decides on the education of children, not of children under the custody of whom the courts do not decide.
(2) In other cases, the Judge shall act and act. "
Article 34 (252) is deleted;
35. § 253, including the title:
"Approval of important acts by the court
(1) The important acts of the legal representative as a guardian requiring the approval of the court, in particular the waiver or refusal of inheritance, the waiver of rights, the conclusion of reconciliation, the granting or termination of a loan, the disposal, acquisition or encumbrance of immovable property and their rights. The Court of First Instance shall, when approving legal acts, ensure the interests of the protégé for the period after maturity or after custody has been completed.
(2) The resolution granting the application must also always be justified. Written contracts shall be provided with an approval clause. ';
36. Paragraph 254, including the title, reads:
"Provisions of the guardian
(1) After appropriate instruction, the guardian shall take the oath to take proper care of the protégé, to represent the guardian properly, to manage his estate with the care of the proper economy and to follow the instructions of the court.
(2) After taking the oath, the court shall give the guardian a document of his provision. '
37. § 255 including the title and the common title § 255 to 261 reads:
"The custody of persons deprived of their rights and absence
Detection of custody assets
The court shall make an inventory of all the estate of the guardian and, if it deems appropriate, its estimate. An executive body of the local national committee may be entrusted with the implementation of the inventory and estimate. '
38. Paragraph 256, including the title, reads:
"Security of custody assets
(1) Cash, unless otherwise used in the interests of guardianship, must be deposited in the State Savings Bank. Only as much money as is necessary for proper management, or for the normal needs of the guardian, can be left in the hands of the guardian.
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Regulation Information
| Citation | Act No. 46 / 1959 Coll., o zmene právomosti súdov a o zmene a o zmene a postovene niektorých uvedených z odbor súdseria a štátnych notárstiev |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.07.1959 |
|---|---|
| Effective from | 01.09.1959 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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