Decree No. 461 / 2017 Coll.
Decree amending Decree of the Ministry of Justice No. 418 / 2001 Coll., on procedures for execution and other activities, as amended
Valid
Order
Effective from 01.07.2018
Text versions:
01.07.2018
22.12.2017
461
DECLARATION
of 18 December 2017
amending Decree No. 418 / 2001 of the Ministry of Justice Coll., on procedures for execution and other activities, as amended
According to § 131 (f) of Act No. 120 / 2001 Coll., on judicial executors and enforcement activities (Enforcement Order) and amending other laws, as amended by Act No. 139 / 2015 Coll.:
Decree of the Ministry of Justice No. 418 / 2001 Coll., on procedures in the execution and other activities, as amended by Decree No. 463 / 2009 Coll., Decree No. 491 / 2012 Coll., Decree No. 149 / 2013 Coll. and Decree No. 365 / 2014 Coll., is amended as follows:
1. The following Section 5b is inserted after Section 5a:
(1) The notice of initiation of the execution and the basic information on the conduct of the execution proceedings and the documents sent, the call for enforcement, the execution order or the execution order shall be drawn up by the executor using the models set out in Annex 5 to this Regulation.
(2) The basic information on the course of the execution proceedings and the documents sent to it shall be addressed only to the debtor to whom the executor sends it, together with a notice of the start of execution. In the execution procedure for the establishment of an executive lien, the basic information on the execution process and the documents sent to the debtor shall not be sent.
(3) Where a specific execution procedure so requires, the executor may draw up a document by way of derogation from the models set out in Annex 5 to this Order. '
2. The following Annex 5 is inserted after Annex 4:
"Annex No 5 to Decree No 418 / 2001 Coll.
Models of documents in execution proceedings
List of model documents:
1. a template for the notification of the start of execution and basic information on the course of the execution procedure and the documents sent,
2. the model of the call for compliance;
3. the model of the execution order for the execution of the execution by withholding wages and other income;
4. the model of the execution order by ordering the debtor from an account with the money institution;
5. a model of the execution order by ordering a claim from the debtor's husband's account with the money institution;
6. Model of execution order for execution by ordering another cash claim,
7. Model of execution order for execution of other property rights (issue or delivery of movable goods),
8. the model of the execution order for the execution of the disability of other property rights (disability of the participation of the debtor in a public company, of the associate in a limited liability company or of the participation of the debtor in a limited liability company, of the cooperative and of the commanditists in a limited company, if their share is not transferable);
9. the model of the execution order for the execution of the execution of the disability of other property rights (the liability of the debtor in a limited liability company, in the cooperative and commanditists in a limited partnership, if their share is transferable),
10. Model of execution order for execution by sale of movable goods,
11. the model of the execution order for execution by the sale of immovable property;
12. the model of the execution order for the execution of the execution of the disability of the commercial plant;
13. Model of execution order for execution by the administration of the immovable property,
14. Model of enforcement order for execution by suspension of a driving licence,
15. Model of execution order for execution by removal,
16. the model of the execution order by withdrawal of the case;
17. Model execution order for execution by division of a common case (sale of a common movable item),
18. Model of execution order for execution by division of a common case (sale of the common real estate),
19. Model of execution order for execution by division of a common case (division of a common case other than by sale),
20. Model of execution order to execute execution by performing work and performance (execution of work which can be performed by someone other than the mandatory),
21. Model of execution order for execution by execution of work and performance (non-negotiable conduct),
22. the model of the enforcement order for the establishment of an executive lien;
23. Model of execution order.
Model 1
Model 2
Model 3
Model 4
Model 5
Model 6
Model 7
Model 8
Model 9
Model 10
Model 11
Model 12
Model 13
Model 14
Model 15
Model 16
Model 17
Model 18
Model 19
Model 20
Model 21
Model 22
Model 23
"
Efficacy
This Decree shall take effect on the first day of the seventh calendar month following its publication.
Minister:
JUDr. Pelican, Ph.D., v. r.
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Regulation Information
| Citation | Decree No. 461 / 2017 Coll., amending Decree No. 418 / 2001 Coll., on procedures for execution and other activities, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.12.2017 |
|---|---|
| Effective from | 01.07.2018 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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