Decree No. 490 / 2012 Coll.
Decree amending Decree No. 330 / 2001 of the Ministry of Justice Coll., on the remuneration and compensation of the court executor, on the remuneration and reimbursement of the expenses of the company manager and on the conditions of liability insurance for damage caused by the executor, as amended
Valid
Order
Effective from 01.01.2013
Text versions:
01.01.2013
31.12.2012
490
DECLARATION
of 20 December 2012
amending Decree No. 330 / 2001 of the Ministry of Justice Coll., on the remuneration and compensation of the bailiff, on the remuneration and reimbursement of the expenses incurred by the trustee and on the conditions of liability insurance for damage caused by the executor, as amended
According to § 131 (a) of Act No. 120 / 2001 Coll., on judicial executors and enforcement activities (execution order) and amending other laws:
Decree No. 330 / 2001 Coll., on the remuneration and compensation of the court executor, on the remuneration and reimbursement of the expenses incurred by the manager and on the conditions for liability insurance for damage caused by the executor, as amended by Decree No. 233 / 2004 Coll., Decree No. 291 / 2006 Coll., the finding of the Constitutional Court, published under No. 94 / 2007 Coll., Decree No. 330 / 2008 Coll., Decree No. 368 / 2009 Coll. and Decree No. 63 / 2012 Coll., is amended as follows:
1. In Article 3, the words "the execution of the execution of the contract remuneration for the execution of the execution 'are replaced by the words" the management of the execution of the contract remuneration'.
2. In the title above § 5, in the title above § 7, in the title over § 7, in the title over § 8, in the title over § 9 and in the title over § 10, the words "execution 'are replaced by the words" execution'.
3. in § 5 (1), § 6 (1) of the introductory part of the provision, § 8 and § 9, "execution" is replaced by "execution."
4. In Article 5, at the end of the text of paragraph 1, the words "not including execution costs and authorised costs' are added.
5. In Paragraph 5 (3), the word "sale 'is replaced by" disability'.
6. In Paragraph 5 (4), the word "implemented 'is replaced by" led'.
7. Article 11, including the title, reads:
Common provisions on remuneration for execution
(1) If the debtor fulfils within 30 days of the date of receipt of the call for recovery and pays the advance on the reduced execution costs and the authorised costs (Paragraph 46 (6) of the Act), the executor shall be remunerated
(a) at the rate of 50% of the remuneration provided for in Article 6, if the execution is imposed on the payment of the sum of money;
(b) at the rate of 30% of the remuneration provided for in Articles 7 to 10, where the execution is subject to an obligation other than payment of the sum of money.
(2) If the right of the executor to conduct the execution is withdrawn by decision of the court to exclude the executor or to suspend the execution or change of the executor pursuant to § 51 (a), (b) and (d) of the law, the remuneration of the executor whose authorisation has expired shall be CZK 3 000, unless otherwise specified.
(3) Where, for the reasons set out in paragraph 2, the executor has ceased to be entitled to exercise the execution of a part of the claim, the remuneration provided for in paragraph 6 shall be paid to him from the amount of the debt recovered, but not less than that referred to in paragraph 2.
(4) The executor is remunerated at CZK 500 if the executor was not in charge of execution and refused the execution proposal or stopped the execution procedure.
(5) If the executor was not in charge of execution, or if the executor's authorisation had expired for reasons that the executor had caused, the remuneration would not be due to him.
(6) The rights of the executor to reimburse expenditure incurred in the context of the execution activity are without prejudice to the provisions of paragraphs 1 to 5. '
8. In Paragraph 13 (3), "15 'is replaced by" 30'.
9. In Article 13, the following paragraph 4 is inserted after paragraph 3:
"(4) Instead of compensation under paragraph 1, the executor shall be entitled to reimbursement of the final expenses in a lump sum of CZK 200, unless the executor has been entrusted with the management of the execution and has rejected or refused the execution proposal or stopped the execution procedure. Paragraph 2 shall apply mutatis mutandis. ';
Paragraphs 4 to 8 shall be renumbered paragraphs 5 to 9.
10. In Paragraph 13 (6), the sentence "The amount of the reimbursement of travel expenses, which is part of the cost of execution, shall be inserted after the first sentence of Paragraph 13 (6) at a maximum of CZK 1 500 per trip to a place which is not the seat of the executor, who leads the execution, and back."
11. in Paragraph 13 (8), "6" is replaced by "7."
12. in Paragraph 14 (1) and (2), the words "time missed" shall be replaced by the words "time wasted."
13. In Paragraph 14, the sentence "The amount of compensation for the loss of time which is part of the execution costs shall not exceed CZK 500 per trip to a place which is not the seat of the executor leading the execution and back."
14. The following Section 19a is inserted after Section 19:
(1) For monetizing individual items, rights and other assets from the deceased's assets in the auction under the jurisdiction of the court, the executor shall be remunerated at the rate of 5% of the proceeds of the auction, but not less than CZK 1,000 and not more than CZK 1 000 000, plus 1% of the proceeds of the auction exceeding CZK 10,000.
(2) Where more than one auction is carried out under the mandate referred to in paragraph 1, the basis for calculating the remuneration shall be the sum of all the proceeds.
(3) Paragraph 13 shall apply mutatis mutandis to the reimbursement of expenditure in connection with the payment of individual items, rights and other assets of the deceased's assets in the auction, and Article 15 shall apply mutatis mutandis to the reimbursement for the service of documents. "
15. in Article 21, "18 and 19" is replaced by "18 to 19a."
Transitional provisions
1. Paragraphs 5, 13 and 14 of Decree No. 330 / 2001 Coll., as effective before the date of entry into force of the Order, shall apply to proceedings initiated before the date of entry into force of this Order.
2. If the court executor was entrusted before the date of entry into force of this decree with the execution of an auction in the context of the liquidation of the inheritance, § 19a of Decree No. 330 / 2001 Coll. as effective from the date of entry into force of this Decree, it shall not apply.
Efficacy
This Decree shall take effect on 1 January 2013.
Minister:
JUDr. Blažek, Ph.D., v. r.
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Regulation Information
| Citation | Decree No. 490 / 2012 Coll., amending Decree No. 330 / 2001 of the Ministry of Justice Coll., on the Remuneration and Reimbursement of the Executioner, on the Remuneration and Reimbursement of Completed Expenditure of the Company Manager and on the Conditions of Liability Insurance for Damage caused by the Executioner, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.2012 |
|---|---|
| Effective from | 01.01.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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