Decree No. 463 / 2009 Coll.
Decree amending Decree of the Ministry of Justice No. 418 / 2001 Coll., on procedures for execution and other activities
Valid
Order
Effective from 01.01.2010
Text versions:
01.01.2010
23.12.2009
463
DECLARATION
of 15 December 2009
amending Decree No. 418 / 2001 of the Ministry of Justice Coll., on procedures for execution and other activities
According to § 131 (e) of Act No. 120 / 2001 Coll., on judicial executors and enforcement activities (execution order) and amending other laws:
Decree No. 418 / 2001 Coll., on procedures for the execution and other activities, is amended as follows:
1. In the second sentence of Article 1 (1), the part of the sentence after the semicolon, including the semicolon, is deleted.
2. In Article 1, at the end of paragraph 1, the sentences "Acts carried out by the executor in the execution of a judgment under the Civil Code may also be carried out by the executor under the conditions laid down by law. Other employees may be entrusted by the executor to perform simple tasks which are the subject of execution or other activities. ';
3. In Paragraph 3 (1), the second sentence is deleted.
4. In Paragraph 3 (2), the second sentence is replaced by the sentence "Unless otherwise provided for by law, the provisions of the Civil Code on order shall apply mutatis mutandis to the decision of the executor."
5. In Paragraph 3 (4), the word "court 'is deleted.
6. In Article 5 (1), the word "or 'shall be added at the end of the text in point (a).
7. in Article 5 (1), point (b) is deleted;
Point (c) shall be renumbered (b).
8. In Article 5 (2), "(c) 'is replaced by" (b)';
9. In Article 6, the following paragraph 1 is added:
"(1) In the execution order, the executor shall indicate the method of execution for execution imposing the payment of the cash amount by which the execution costs and the authorised costs will be recovered, where appropriate, on the basis of the execution order. ';
Paragraphs 1 and 2 shall become paragraphs 2 and 3.
10. Article 7, including the title, shall be deleted.
11. in Paragraph 8 (1):
"(1) The Court of First Instance may, pursuant to Article 76 (1) of the Law, entrust the service of a document only to the executor appointed to the district court in which the service is to be effected or to the executor who is located in the municipality in which the service is to be effected. '
12. in Article 9 (5), the second sentence is deleted;
13. in the first sentence of Article 9 (7), the word "court" shall be deleted;
14. in Paragraph 9 (7), the second sentence is deleted;
15. Paragraph 10, including the title and footnote 2, reads as follows:
Common provisions on service
(1) Service shall be effected in accordance with the Civil Code and the Order on Rules of Procedure for District and Regional Courts (2). Where service is carried out by the executor, it shall have the same rights and obligations as that legislation grants and imposes on the service provider; The same applies where delivery is made through the postal operator or another person carrying out the shipment of consignments.
(2) Where the executor uses it to service the document of the postal operator or of another person carrying out the shipment of consignments, he shall be liable for the service as if he had carried it out himself (personally or through his staff).
2) § 28a to 28g of Decree No. 37 / 1992 Coll., on Rules of Procedure for District and Regional Courts, as amended. '
16. In Article 11, the words "the law or 'shall be inserted after the words" Do not fix'.
17.
Where a court or executor authorises the execution of an account with a money institution or an order for payment from an account with a cash institution to postpone the execution and the cash institution is served with an order for the suspension prior to the execution of the execution, the cash institution shall not execute the execution until it has been notified by the executor that the suspension has been cancelled or, if the court or executor has authorised the suspension under Article 54 (3) of the law, that the period of suspension has expired. '
Transitional provision
This Order shall also apply to proceedings initiated before the date of entry into force of this Order; the legal effects of the proceedings before the date of entry into force of this Order remain.
Efficacy
This Decree shall take effect on 1 January 2010.
Minister:
JUDr. Kovářová v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 463 / 2009 Coll., amending Decree No. 418 / 2001 Coll., on procedures for execution and other activities |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.12.2009 |
|---|---|
| Effective from | 01.01.2010 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Civil law
Civil law of procedure
The regulation text is for informational purposes only.
Comments 0