Act No. 49 / 1973 Coll.
Law amending and supplementing the Civil Code
Valid
Effective from 01.07.1973
49
THE LAW
of 26 April 1973
amending and supplementing the Civil Code
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
The Civil Code (Act No. 99 / 1963 Coll.), as amended by Act No. 158 / 1969 Coll., is amended as follows:
1. The following Section 27a is inserted after Section 27:
A representative of the party in the proceedings in which the facts constituting the subject matter of the State Secrets are discussed may only be a lawyer who may be familiar with the State Secrets. The selection of such lawyers shall be carried out by the central advocacy bodies in accordance with the aspects set out in the rules governing the protection of state secrets and shall keep lists thereof. Otherwise, only a person who may be familiar with State secrets on the relevant section may be a representative of a participant in such proceedings. '
Article 52 (1) reads as follows:
"(1) In the event that the summons do not appear for questioning or to the expert without an apology, the President of the Chamber may bring him to the hearing if he has informed the appellant of the possibility of bringing the summons. '
3. Sections 70 to 72, including the title, shall be deleted.
4. In Paragraph 99 (3), the following sentence is added at the end:
"The application may be lodged within three years of the legal power of the resolution approving the conciliation. '
5. In Paragraph 100, the present text becomes paragraph 1 and paragraph 2 is added as follows:
"(2) In divorce proceedings, the court leads the husband to remove the causes of the disruption and seeks to reconcile them. '
6. the following paragraph 3 is added to Article 101:
"(3) If the court invites a party to comment on a particular application which affects the procedure and conduct of the proceedings, it may add a clause that, if the party does not express itself within a certain period of time, it shall be assumed that he does not object. '
7. In Paragraph 127 (1), the following sentence is added at the end:
"Instead of questioning the expert, the court may, in justified cases, be satisfied with the expert's written assessment."
8. Paragraph 127 shall be added to paragraph 4:
"(4) A certificate or professional statement of the competent authority of which the court has no doubts may be used instead of the expert's opinion. '
9.
The party to whom the court admits to pay the costs shall also be liable for the costs of the interim measures and the provision of evidence. '
10.
"(1) By judgment, the court shall decide the substance of the case."
11. Article 153 (2) reads as follows:
"(2) The Court of First Instance may exceed the pleas of the parties and may charge more than what they seek only if the procedure could be initiated on its own motion, or if there is evidence of a way of settling the relationship between the parties. '
12.V § 156
the following paragraph 2 is inserted after paragraph 1:
"(2) The judgment shall normally be published immediately after the end of the proceedings preceding the judgment; If this is not possible, the court shall defer the hearing for a maximum period of three days. Paragraph 119 (2) shall not apply in this case. ';
paragraph 2 shall become paragraph 3.
13.
(1) If the court has not decided in a judgment on a part of the subject-matter, on costs or on provisional enforceability, the party may, within 15 days of service of the judgment, propose to supplement it. The Court of First Instance may supplement a judgment which has not acquired legal authority by its own motion.
(2) Complementary judgment shall be taken by the court, for which the provisions on the judgment apply mutatis mutandis. If the court fails to comply with the application to supplement the judgment, it shall reject the application by order.
(3) The application to supplement does not affect the power of law or the enforceability of the statements of the original judgment. "
14.
"(1) The President of the Chamber may, without hearing the defendant, issue a payment order if the appellant who exercises the right to pay a sum of cash not exceeding 5 000 CZK or the right to pay a sum of money based on an extract from the books of the national money institution so requests, if the right exercised results from the facts stated by the appellant. In the order for payment, the respondent shall order that, within 15 days of the receipt of the order for payment, the claimant pays the claim and the costs claimed, or that, within the same period, he submit an opposition to the court which issued the order. '
15.
"(a) the matter in which the Senate is to act and decide;"
16.
Paragraph 181 to 184 shall apply mutatis mutandis to the withdrawal of adoption. However, the application may also be made by an adopted person. '
17. in Article 202 (1), the dot after the provisions of point (g) is replaced by a semicolon and the following paragraph (h) is added:
"(h) reconciliation has been approved."
Paragraph 206 (2) reads as follows:
"(2) However, where several rights with a separate factual basis have been decided, or where the decision of several parties, each acting on its own initiative (§ 91 (1)) and the appeal expressly applies only to certain rights or to certain parties, the legal power of an uncontested operative is not affected by the appeal. This shall not apply in cases where a decision on the contested statement is subject to an opinion which has not been expressly affected by the appeal, or where the law implies a means of settling the relationship between the parties. '
19. The following Section 210a is inserted after Section 210:
The order on the obligation to pay the court fee or order from which a person other than the appellant has not yet acquired the rights or the order imposing the order of order (§ 53) may amend the Court of First Instance directly to appeal if it accepts the appeal in its entirety. '
20. § 212 reads:
(1) The appeal court shall examine the case within the limits within which the appellant seeks review of the decision. Not bound by this range
(a) in cases in which proceedings may be initiated on their own initiative;
(b) in cases where the decision on the contested statement is subject to an opinion which has not been affected by the appeal;
(c) in cases where the common rights or obligations are concerned, that the decision must apply to all participants who act on the one hand and where the acts of one of them and the other (§ 91 (2)) apply, even if only one of the participants has lodged an appeal,
(d) where the law provides for a means of settling the relationship between the participants.
(2) The appellate court shall take account of the defects in the proceedings before the Court of First Instance only if they may have resulted in an incorrect decision in the case.
(3) The Court of Appeal may revoke the decision of the Court of First Instance, even if its amendment is proposed, and vice versa.
(4) The parties may amend the appeal applications and the grounds for appeal without the consent of the court. '
21. in Article 214 (2), the dot after the provisions of point (f) is replaced by a semicolon and the following point (g) is added:
"(g) the appeal is directed against a judgment which has been decided only on the nutrition of a minor child."
22. § 252 is added to paragraph 4:
"(4) Where enforcement is sought for the enforcement of a decision to obtain the maintenance of a minor, the order and execution shall always be the jurisdiction of the court in whose territory the minor is domiciled by agreement between the parents or by decision of the court or, where appropriate, by other relevant facts. The competent court may, for serious reasons, delegate its jurisdiction to another court if it is in the interests of the minor. If this court disagrees with the transfer of jurisdiction, its superior court shall decide. ';
23. in Article 274 (e), the semicolon is replaced by a comma and the words "or socialist organisations for the benefit of citizens are added;"
24. Article 284 (3) reads as follows:
"(3) If, in the course of the enforcement of the judgment, such a change to the judgment pursuant to Paragraph 163, which relates to an increase in maintenance, the Regulation shall apply to the enforcement of the decision and to all amounts of increased maintenance; the increased maintenance is in the same order as the rest of the claim. ';
25. the following Section 325a is inserted after Section 325:
If the purpose of the execution of the decision so requires, the person carrying out the execution shall be entitled to make a personal inspection of the apartment and other rooms of the debtor where the debtor has his property; to that end, he shall be entitled to arrange for access to the apartment of the debtor or another room of the debtor. ';
26. § 345 is added to paragraph 4:
"(4) Where the purpose of enforcement so requires, the person carrying out the exercise shall be entitled to make a personal inspection of the premises and other rooms of the debtor, where, according to the reasonable assumption, the case is to be given or delivered to the creditor; to that end, he shall be entitled to arrange for access to the apartment of the debtor or another room of the debtor. ';
27. the second sentence of Paragraph 347 (2) reads:
"The enforcement of this Decision shall then take place on a proposal authorised by one of the methods set out in the first to fourth Titles of this Part. ';
28. The following Section 374a is inserted after Section 374:
The Ministry of Justice may determine when the presence of the Registrar may be waived in court proceedings and how the content of the hearing must be recorded in such cases. ';
1. The conciliation proceedings initiated before the application of this law shall not be continued.
2. If the court admits to the party in the proceedings for divorce to pay the costs, it also admits to the parties to pay the costs of the conciliation proceedings which arose before the application of this law.
3. The appeal against the order approving the settlement shall be decided in accordance with the provisions of the present regulation if the court has decided by the contested order before the application of the law.
4. Paragraph 284 (3), as provided for in Article I, shall not apply to cases in which, before the application of this law, a separate enforcement of the decision to recover increased maintenance has already been ordered.
5. Otherwise, this law also applies to proceedings initiated before its effect. The legal effects of the proceedings before the application of this law remain.
The Bureau of the Federal Assembly is hereby authorised to declare in the Collection of Laws the full text of the Civil Code as follows.
This Law shall take effect on 1 July 1973.
Freedom v. r.
Indra v. r.
Dr Strougal v. r.
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Regulation Information
| Citation | Act No. 49 / 1973 Coll., amending and supplementing the Civil Code |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.05.1973 |
|---|---|
| Effective from | 01.07.1973 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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