Act No. 460 / 2016 Coll.
Act amending Act No. 89 / 2012 Coll., Civil Code, and other related laws
Valid
Law
Effective from 28.02.2017
Contents
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460
THE LAW
of 14 December 2016
amending Act No. 89 / 2012 Coll., Civil Code, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Civil Code
Act No. 89 / 2012 Coll., Civil Code, is amended as follows:
Paragraph 35 reads as follows:
A minor who has completed 15 years may undertake to perform dependent work under another legislation. A day prior to the day on which the minor terminates compulsory schooling shall not be negotiated as the day on which he enters work. '
2.
(1) The Court of First Instance may limit incapacity in respect of a particular matter to the period necessary for its processing or to an otherwise determined period of time, but not more than three years. If it is obvious that the state of man does not improve at this time, the court may limit incapacity to a longer period, but a maximum of five years.
(2) By the expiry of the period of limitation of inlawfulness, the legal effects of the restriction cease to exist. However, if the procedure for the extension of the limitation period is initiated at that time, the legal effects of the original decision shall continue until a new decision is taken, but not more than one year. '
3. In Article 113 (2), the words "for medical science, research or teaching purposes' are deleted.
4. Sections 115 to 117 are deleted.
5. Paragraph 164 (3) is deleted.
6. In Paragraph 441, at the end of paragraph 2, the sentence "Where a form of authentic instrument is required for legal proceedings, it shall be sufficient for the power of attorney to be granted in writing with an officially certified signature. '
7. In Paragraph 498 (1), "other legislation 'is replaced by" law'.
8.
Line structures, in particular water pipelines, sewerage or energy lines or other lines, and other objects which, by their nature, regularly affect more land are not part of the plot. It is considered that there are also structures and technical equipment that are operational in connection with them. '
9. In Article 709, at the end of paragraph 3, the sentence "The acquisition of a holding shall not give rise to the participation of a second spouse in that company or cooperative, with the exception of housing cooperatives."
10. In Paragraph 901 (1), the word "bankruptcy 'is replaced by" bankruptcy' and the words "parent's assets' are added after the words" or the termination of insolvency proceedings on the ground that the parent's assets are completely inadequate to satisfy creditors'.
11. in Article 901 (2), the words "or the termination of insolvency proceedings on the grounds that the debtor's assets are not sufficient to satisfy creditors" shall be inserted after the word "bankruptcy";
12. In Paragraph 921, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The person liable for maintenance who is late in paying the maintenance may be entitled to claim interest on the late payment. ';
13. in Paragraph 1124 (1):
"(1) Where a co-ownership interest in a immovable property is transferred, the co-owners shall have the right to pre-purchase, unless it is a transfer to a close party. If the co-owners fail to assess the exercise of the right to purchase, they shall have the right to redeem the share in proportion to the size of the shares. '
14. In the first sentence of Paragraph 1124 (2), the words "The co-owners have the right to purchase 'are replaced by the words" Paragraph 1 shall apply' and the second sentence shall be deleted.
15.
The co-owner may waive the right to pre-purchase under Paragraph 1124 with effect for its successors in law. If it is a real estate item on a public list, the waiver of the right to buy shall be entered in it. '.
16. In the first sentence of Paragraph 1451, the word "arises' is replaced by" is established '.
17. in Article 1451, the last sentence is deleted;
18. In Paragraph 1451, the current text becomes paragraph 1 and the following paragraphs 2 and 3 are added:
"(2) The Trust Fund shall be established on the date of registration in the Trust Funds Register.
(3) However, if a trust fund was set up by a death grant, it would be the death of the deceased. It shall be entered in the trust fund register after its establishment. ';
19. in Paragraph 1452 (2) (e), "a" is deleted;
20. In Paragraph 1452, at the end of paragraph 2, the dot is replaced by "a 'and the following point (g) is added:
"(g) the number of trustees and the manner in which they are treated.";
21. in Paragraph 1457, the following paragraph 3 is inserted after paragraph 2:
"(3) The appointment or any other designation of a designated trust fund set up for private purposes shall be effective on the date on which it was entered in the register of trust funds. ';
Paragraph 3 shall become paragraph 4.
22. At the end of Paragraph 1474, the sentence "The Trustee shall submit a proposal to remove the Trust Fund from the Trust Fund register within 30 days of the loss of the Trust Fund. '
23. in Paragraph 1537, the last sentence is deleted;
24. Paragraph 1867 reads:
If, for a period of more than one year, the consumer has entered into a contract conferring, in return for payment, the right to benefit from accommodation or, where applicable, transport or other services, the consumer shall have the right to terminate the contract without notice, within a period of 14 days from the date on which he received the call pursuant to Paragraph 1866 (2), starting with the receipt of the call for payment of the second instalment, without notice of any reason or penalty. This provision shall be without prejudice to other forms of termination of an obligation laid down by law or contract. ';
(25) In Article 1988 (2), the words "and against the claim of wages, wages, remuneration from an employment contract establishing a similar obligation between an employee and an employer and compensation for wages or salaries exceeding half of them" shall be deleted.
26. In Article 2045 (1), the words "not exceeding their half 'are deleted.
27. in Article 2254 (1), "six times" is replaced by "three times."
28.
(1) If the lessee dies, the lease of the special purpose apartment is terminated and the lessor invites members of the lessee's household who lived in the apartment on the day of the lessee's death and do not have their own apartment to vacate the apartment no later than six months after the date of receipt of the call. If there is no such person in the apartment, the lessor shall invite the tenant's heirs to vacate the apartment no later than three months from the date of receipt of the call.
(2) If, on the date of death of the lessee, a person with disabilities or a person who has reached the age of 70 who has lived with the lessee for at least one year in a common household and does not have his own place of residence, the lessee's rent shall be transferred to him on the date of death unless the lessor agrees otherwise with the lessee.
(3) The lease of the special purpose apartment may be terminated by the lessor only with the prior agreement of the person who has set up such an apartment and, where appropriate, its legal successor. '
29. in Article 3025 (2), the comma after the words "trade union organisation" shall be replaced by the words "and" and their branch organisation "shall be deleted;
30. In Section 3025, at the end of the text of paragraph 2, the words "; this shall apply mutatis mutandis if the trade union organisation changes or ceases to exist '.
31. in Article 3033 (1), 'three' is replaced by 'five';
32. In Article 3041, the following paragraph 3 is added:
"(3) The provisions of paragraph 2 of the second sentence after the semicolon shall not apply to trade unions and employers' organisations. ';
33. In Article 3046, the comma after the words "trade union organisations' is replaced by" and 'and the words "international trade unions' and their branch organisations' are deleted.
Transitional provisions
1. If a form of authentic instrument is required before the date of entry into force of this Act for legal acts which will take place after the date of entry into force of this Act, the form of authentic instrument shall be sufficient to satisfy the requirements of Act No. 89 / 2012 Coll., as effective from the date of entry into force of this Act.
2. The right to pre-purchase pursuant to Article 3056 (1) of Act No. 89 / 2012 Coll., to construction pursuant to § 509 of Act No. 89 / 2012 Coll., as effective from the date of entry into force of the Act, as well as the right to pre-purchase resulting from the land on which the construction is established, shall cease to be effective on the date of entry into force of the Act.
3. The Trust Fund which was established before the date of entry into force of this Act shall be entered in the Register of Trust Funds within six months of the date of entry into force of this Act. If the application for registration is not submitted within this period, the management of the Trust Fund shall cease.
4. It shall be entered in the register of trust funds within six months of the date of entry into force of this Act if it was appointed or otherwise designated before the date of entry into force of this Act. If the application for registration is not submitted within that period, the effects of its appointment or other designation shall cease.
5. If, within the period referred to in point 3 or 4, the procedure for appointing a trustee is initiated, that period shall not end until six months after the date on which the trustee was appointed.
6. The Association and the Owners' Association established until 31 December 2013 are not obliged to comply with the requirements of § 132 (2), § 216 and § 1200 (2) (a) of Act No 89 / 2012 Coll.
7. Statements of netting and netting arrangements made before the date of entry into force of this Act shall be governed by existing laws.
8. Deductions agreements on wages or other income concluded before the date of entry into force of this Act shall be governed by existing legislation. This shall not prevent the agreement of the parties that their rights and obligations will be governed by this law at the earliest since its entry into force.
Amendment of the Law on judicial fees
Act No. 20 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011 / 2011, Act No. 15 / 2011, Act No. 15 / 2011 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 20 / 2011, Act.
1. in Article 11 (1) (k), the words "and their subsidiary organisation" shall be deleted;
2. In Article 11 (1) (l), the words "or Trust Fund 'shall be inserted after the words" persons'.
3. In Article 11, at the end of paragraph 1, the dot is replaced by a comma and the following point (o) is added:
"(o) the registration or amendment of the trust fund."
4. The following Section 16a is inserted after Section 16:
For the purposes of this Act, the register of trust funds shall be considered to be a public register. ';
Change of notarial order
In Article 65 of Act No. 358 / 1992 Coll., on notaries and their activities (notarial order), as amended by Act No. 303 / 2013 Coll., paragraph 3 is deleted.
Amendment of the Labour Code
Act No. 585 / 2006 Coll., Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2008 Coll., Act No. 5 / 2008 Coll., Act No. 6 / 2008 Coll., Act No. 6 / 2009 Coll., Act No. 20 / 2009 Coll., Act No. 20 / 2009 Coll., Act No. 20 / 2009 Coll., Act No. 25 / 2010 Coll., Act No. 5 / 2010 Coll., Act No. 10 / 2010 Coll.
1. Article 56a shall be deleted, including the title.
2. Paragraph 77 (5) and (6) are deleted.
Amendment of the Basic Register Act
Act No. 111 / 2009 Coll., on Basic Registers, as amended by Act No. 100 / 2010 Coll., Act No. 424 / 2010 Coll., Act No. 263 / 2011 Coll., Act No. 167 / 2012 Coll., Act No. 303 / 2013 Coll., Act No. 312 / 2013 Coll., Act No. 192 / 2016 Coll. and Act No. 298 / 2016 Coll., is amended as follows:
1. In Section 25 of the introductory part of the provision, the word "entity 'is replaced by the word" entities', the word "which 'is replaced by the word" which' and the word "is' is replaced by the word" are '.
2. In Article 25, the following point (g) is inserted after point (f):
"(g) Trust Fund,"
3. In section 25 of the final part of the provision, the words "registered 'are replaced by the words" registered'.
Amendment of the Real Estate Register Act
In Article 23 of Act No. 256 / 2013 Coll., on the Real Estate Register (cadastral Act), as amended by Act No. 139 / 2015 Coll., the dot is replaced by a comma at the end of paragraph 1 and the following point (zb) is added:
"(b) renunciation of the co-owner's right to buy."
Amendment to the Law on Special Proceedings
Act No. 292 / 2013 Coll., on Special Proceedings of the Court, as amended by Act No. 87 / 2015 Coll., Act No. 161 / 2016 Coll., Act No. 189 / 2016 Coll., Act No. 298 / 2016 Coll. and the Constitutional Court found under Act No. 334 / 2016 Coll., is amended as follows:
1. In Paragraph 38, the following paragraph 4 is added:
"(4) If the court decides to extend the period of limitation of incapacity and if it is clear that the situation under consideration has not changed in relation to the decision on limitation of incapacity or the last decision on extension, it may refrain from carrying out the evidence by means of a new expert opinion and examination of the expert and replace it by other evidence, in particular by a written report of the treating physician in conjunction with the last expert opinion; the examination of the expert who drew it up shall not be required in such a case. ';
2. In Section 164, the following paragraph 3 is added:
"(3) If, according to the outcome of the proceedings to date, a trust fund has been established by the acquisition of a death, the court shall notify the decision of the trustee, if known; paragraph 1, first sentence, shall apply mutatis mutandis. A copy of this order shall be sent by the court without undue delay to the person keeping the records of the trust funds. The resolution referred to in the first sentence shall contain so far known data which, under another law, are entered in the register of trust funds. '
Amendment of the Act on public registers of legal and natural persons
Act No. 304 / 2013 Coll., on public registers of legal and natural persons, as amended by Act No. 87 / 2015 Coll., Act No. 192 / 2016 Coll. and Act No. 298 / 2016 Coll., is amended as follows:
1. At the end of the title of the law, the words "and the registration of trust funds' shall be added.
2. In Article 7, the following paragraph 2 is inserted after paragraph 1:
"(2) The Ministry of Finance will publish information on trust funds registered in the Czech Republic in a way that allows remote access
(a) the designation of the trust fund;
(b) the date on which the trust fund is established, the date on which the trust fund is wound up or the date on which the administration is wound up, stating the legal basis and the date on which it is wound up;
(c) the identification number of the trust fund;
(d) the purpose of the trust fund; and
(e) the name and address of each trustee, if it is a natural person, the name and address of the registered office, if it is a legal person, together with an indication of the manner in which it is acting and the date of creation and termination of the function. ';
Paragraph 2 shall become paragraph 3.
3. In Article 7 (3), "paragraph 1 'is replaced by" paragraphs 1 and 2';
4. In Paragraph 25, at the end of paragraph 2, the sentence "Information on members of the trade union body shall be made available to the public only at the written request of the trade union organisation."
5. In Article 26 (1) (b), the words "and branch organisations of trade unions, international trade unions, employers' organisations and international employers' organisations (hereinafter referred to as" branch associations') 'are deleted.
6. in Part One, the following Title IV is inserted after Title III:
_
(1) The provisions of this Public Register Act shall apply mutatis mutandis to the registration of trust funds.
(2) Trust funds are entered in the register
(a) trust funds; and
(b) trust funds or similar establishments governed by the law of another State operating in the territory of the Czech Republic (hereinafter referred to as the "foreign trust fund").
(3) The provisions of this Registered Person Act shall apply mutatis mutandis to the Trust Fund. The rights and obligations laid down by this Law in respect of the Trust Fund shall be exercised by the Trustee. Where a member of a legal entity is designated in this Act, this includes a trustee.
(4) If the trustee fails to take the first remedy at the request of the court pursuant to the first sentence of Paragraph 9 (1), the court may, on its own motion, decide to abolish the trust fund if such a procedure is to protect third parties. If the Trustee does not remove the deficiencies even within the prescribed time limit, the Trustee shall inform the Trustee of the fact of the Founder, the Designer and the other person authorised to supervise the management of the Trustee and shall provide them with a reasonable period of time to remedy it.
(5) Paragraph 14 and the first part of Title III shall not apply.
An application for the registration of an established trust fund shall be submitted by the trust administrator.
An application for amendment or deletion of a registration may be submitted by the trustee.
Facts entered in the Trust Funds Register
The trust fund register shall include:
(a) the designation of the trust fund;
(b) the purpose of the trust fund and, where appropriate, the subject matter of the activity, business or secondary economic activity, where it is pursued;
(c) the date on which the trust fund was created and destroyed;
(d) the identification number of the trust fund assigned to it by the registry court; the trust fund identification number shall be provided to the registry court by the administrator of the basic register of legal persons, business natural persons and public authorities (2);
(e) the name and address of the place of residence or, where appropriate, the place of residence, if different from the place of residence, of the person who is the trustee, if appointed or otherwise appointed; if the controller is a natural person, the date of birth and the birth number, if allocated;
(f) the number of trustees and the manner in which they act;
(g) the name and address of the place of residence or, where applicable, the place of residence, if different from the place of residence, of the person who is the founder; if the founder is a natural person, the date of birth and the birth number, if allocated;
(h) if the trust fund is set up for private purposes, the name and address or address of the place of residence and, where applicable, the residence, if different from the address of the place of residence, of the person who has been fabricated; if the natural person, the date of birth and the birth number have been assigned to him or her; if it has not been identified or if it is a trust fund set up for a public purpose, the way in which it will be determined;
(i) the name and address of the place of residence or, where applicable, residence, if different from the address of the place of residence, other persons authorised to supervise the management of the trust fund; if it is a natural person, also the date of birth and the birth number, if allocated to it,
(j) an indication that the plant or part of it has been transferred or has been pawned, rented or smuggled, and, where appropriate, an indication of the termination of obligations under these contracts and of the court order on the acquisition of the plant or part thereof by inheritance;
(k) any other fact provided for in this or any other law, or any other important fact, the trust administrator requests to be registered; and
(l) the date on which the registration was made.
(1) Data on persons referred to in § 65d (g) to (i) shall not appear in a copy of the trust fund records or be disclosed unless consent has been given to make available; Paragraph 12 of the second sentence shall apply mutatis mutandis. Where the trust administrator is a natural person, it shall not be included in a copy of the trust fund records or shall not be disclosed in terms of residence and date of birth or birth; However, his delivery address shall always be published.
(2) Where the information referred to in paragraph 1 is not included in a copy of the trust fund records or is not disclosed, it shall not be disclosed in the documents in the instrument collection.
(3) A complete copy of the minutes or documents referred to in Articles 3 to 5 may be obtained only by the trustee or those who are legally interested and Article 2 (2) shall not apply. The Ministry of Justice will also allow remote access to these data
(a) a court for the purpose of judicial proceedings;
(b) criminal law enforcement authorities for the purposes of criminal proceedings and prosecutors also for the purposes of the exercise of non-criminal jurisdiction;
(c) tax authorities, fees or other similar cash transactions for the purposes of their administration;
(d) the reporting service for the purpose of carrying out tasks under the law governing the activities of the intelligence services;
(e) the Financial Analysis Office, the Czech National Bank and other bodies in carrying out their activities under the Act on certain measures against the legalisation of proceeds from crime and terrorist financing or the Act on the implementation of international sanctions to maintain international peace and security, the protection of fundamental human rights and the fight against terrorism;
f) Czech National Bank in the exercise of supervision of persons active in the financial market and in the performance of activities under the Law on Recovery and Resolution of the Financial Market,
(g) the National Security Office, the Ministry of the Interior or the Intelligence Service for Security Management purposes under the law governing the protection of classified information and security competence;
(h) to the Supreme Audit Office for the purpose of exercising its powers under another legislation;
(i) to a obliged entity under the Act on certain measures against the legalisation of proceeds from crime and terrorist financing in connection with the implementation of client identification and control; and
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Regulation Information
| Citation | Act No. 460 / 2016 Coll., amending Act No. 89 / 2012 Coll., Civil Code, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.12.2016 |
|---|---|
| Effective from | 28.02.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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