Act No. 51 / 2016 Coll.
Act amending Act No. 219 / 2000 Coll., on assets of the Czech Republic and its presentation in legal relations, as amended, and some other laws
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Effective from 01.03.2016
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51
THE LAW
of 19 January 2016
amending Act No. 219 / 2000 Coll., on the property of the Czech Republic and its representation in legal relations, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on the assets of the Czech Republic and its presentation in legal relations
Act No. 219 / 2000 Coll., on the property of the Czech Republic and its acts in legal relations, as amended by Act No. 492 / 2000 Coll., Act No. 229 / 2001 Coll., Act No. 320 / 2001 Coll., Act No. 501 / 2001 Coll., Act No. 457 / 2002 Coll., Act No. 480 / 2002 Coll., Act No. 140 / 2006 Coll., Act No. 218 / 2004 Coll., Act No. 217 / 2005 Coll., Act No. 369 / 2005 Coll., Act No. 22 / 2006 Coll., Act No. 140 / 2006 Coll., Act No. 110.
1. footnote 1 is deleted, including the footnote reference.
2. In Paragraph 4 (1), the words "on behalf of the State 'are replaced by the words" per State'.
3. In Article 7 (1), the words "On behalf of the State, they shall act in law 'shall be replaced by the words" For the State, they shall act in law'; the words "These acts shall concern in law 'shall be replaced by the words" Act on behalf of the State' shall be replaced by the words "Act on behalf of the State '.
4. In Article 7 (2), the words "certain legal acts' are replaced by the words" certain legal acts', the words "conduct 'are deleted and the words" act on behalf of the State' are replaced by the words "act legally '.
5. In Paragraph 8 (2), the words "and other values' are deleted.
footnote 6 is deleted, including the footnote reference.
6. In Paragraph 9 (1), at the end of the first sentence, the words "shall be added; this shall be without prejudice to the procedure laid down in paragraphs 19a, 19b (1) and (3) and 55b."
7. in Article 11 (1) (e), the word "belonging" shall be replaced by the words "with addictive substances and precursors (88), including equipment for their manufacture, with products containing addictive substances and with other hazardous substances (89)."
footnotes 88 and 89 are as follows:
"88) Act No. 167 / 1998 Coll., on addictive substances and on the amendment of certain other laws, as amended.
89) § 38 paragraph 2 of Act No. 273 / 2008 Coll., on the Police of the Czech Republic. "
8. In the first sentence of Article 11 (2), the words "(hereinafter referred to as" the Office ") 'shall be inserted after the words" the Office for the Representation of the State in matters of property', and in the sentence of the second and the third sentences, the words "for the Representation of the State in matters of property 'shall be deleted.
9. In Article 12 (1), the words "signatures' are replaced by the words" statements of will ', the words "documents' are replaced by the words" documents', the words "written forms' are inserted after the words" or, where appropriate, statements of will on a single document ', and the word "action' is replaced by the word" conduct '.
10.Paragraph 12 (2) reads as follows:
"(2) The transfer of a tangible real estate item registered in the Real Estate Register free of charge, with the exception of road land acquired due to a change in the category or class of infrastructure, as well as the transfer of a building right or ownership interest in a company other than a public limited liability company, require approval by the Ministry of Finance. '
11. In Article 12, the words "or property acquired to ensure its effective and efficient use for the needs of other organisational components under the provisions of Sections 19a and 19b (2) of the first sentence or by the exchange under the provisions of Section 19c (2) of the second sentence shall be added at the end of the text of paragraph 3."
12. In Article 12 (4), the reference to footnote 16 shall be inserted after the word "price," the reference to footnote 16 after the word "negotiate" shall be deleted; at the end of the text of the first sentence, the words "17) shall be added and, if the goods are acquired abroad, only up to the level which is normal at the place and time," and the reference to footnote 17 after the sentence of the first sentence shall be deleted.
13. in Article 12 (5), the words "or abroad" shall be inserted after the words "auction17a" and the words "awarded" shall be inserted after the words "contracts."
14. Paragraph 12 (6) reads:
"(6) In the case of an organisational body set up by it, the founder may reserve, in whole or in part, approval in respect of the transfer of a tangible immovable property or the right of construction for the benefit of the State. If the competent organisational body does not have an authority, such approval may be reserved for the central administrative authority responsible for the matter and if it is not, the Ministry of Finance. ';
15. in Article 12 (8), the words "apartment or non-residential space (hereinafter referred to as the case)" shall be deleted and the word "material" shall be inserted after the word "buying."
16. the following Section 12a is inserted after Section 12:
(1) Organisational items may only negotiate the use or consumption of non-State-owned property if such use or consumption is necessary to ensure the exercise of their competence or activity, or, where appropriate, the proper management of the property with which they are responsible and if it is necessary only for the period of time.
(2) Where the use or consumption referred to in paragraph 1 is agreed against in return for payment, the remuneration may not exceed the maximum possible amount resulting from price regulation (44), if applicable, and at the same time not exceed that which is normal at the place and time. If the use or consumption of certain assets is necessary to ensure the security of the State, the Ministry of Finance may give prior consent to negotiate a higher remuneration, which may not, however, exceed the maximum possible amount resulting from price regulation if applied. Paragraph 12 (5) shall apply mutatis mutandis in such cases.
(3) Unless the specific legislation or, in the case of property abroad, the applicable law excludes this, the contract governing the use or consumption referred to in paragraph 1 shall include an arrangement allowing the organisational component to terminate the contractual relationship by denunciation. ';
17. in Paragraph 13 (1), the words "of the will" shall be deleted.
footnotes 20 and 21 are deleted, including the footnotes.
18. in Paragraph 13 (2):
"(2) Where the jurisdiction of an organisational component is to be established for the acquisition of the property by inheritance or by reference (Section 9), in the occupation of the State, that branch must be explicitly identified by the heir or, in the determination of the State, by the referee. The organisational body cannot conclude an inheritance contract. ';
footnote 23 is deleted.
19. In Paragraph 14 (4), the word "in particular 'and the words" and the right to issue unfounded enrichment' shall be replaced by the words "the right to issue unfounded enrichment and the reservation of the inventory of the estate, if the State is called an heir '.
20. In Article 14 (5), the word "obligations' is replaced by" debts' and the words "(late payment fee) at the level laid down in the special legislation 'are deleted.
21. In Paragraph 14 (6), the words "at an annual rate twice the discount rate set by the Czech National Bank and in force on the first day of delay" shall be replaced by the words "at an amount in accordance with a special legislation determining the amount of interest on late payments under the Civil Code."
22. in Article 14 (7), the words "temporary or permanent" shall be inserted after the words "property"; the words "this" or "shall be deleted; the words" in the case of goods, "shall be replaced by" property, "which" and "cannot" shall be replaced by "cannot."
23. In Paragraph 14, the sentence "The property for which the Office ensures its effective and effective use for the needs of other organisational components under the provisions of Sections 19a and 19b (2) of the first sentence shall not be considered as unnecessary shall be added at the end of paragraph 7. '.
24. the following Sections 14a and 14b are inserted after Section 14:
(1) A central register of administrative buildings is set up, operated by the Office and the administrator of the Ministry of Finance. The central register of administrative buildings is a private information system that serves the organisational components for efficient and economical use.
(a) buildings and other related immovable property or parts thereof owned by the State which are situated in its territory and which serve or are intended to serve judicial, legislative, administrative and related activities in the performance of the functions of the State;
(b) buildings and other related immovable property, or parts thereof, in the territory of a State which is not owned by it, but for judicial, legislative, administrative and related activities in the performance of the functions of the State, shall be used or enjoyed by the organisational components.
(2) The organisational component shall provide complete and true data on the real estate referred to in paragraph 1 and on parts thereof to the central register of administrative buildings in a way that allows remote access.
(3) The central register of administrative buildings takes over and uses data from the cadastral information system and the basic register of territorial identification, addresses and properties. The organisational component provides only those data that cannot be obtained from these information systems to the central register of administrative buildings. The structure and scope of data maintained in the central register of administrative buildings, the dates for their provision, as well as the scope and conditions for their sharing for the needs of the organisational component that provided the data and other organisational components shall be adapted by implementing legislation.
(4) Changes in the use of and handling of assets registered in the central register of administrative buildings shall take place on the basis of a decision of the Government or of its authorised advisory and coordination body. The Government shall, by way of a resolution, issue the Statute of that institution and shall, in particular, lay down its scope, composition and basic rules for its work and for the preparation and submission of proposals for changes in the use and handling of such property. The decisions of the Government or of the authority delegated to it pursuant to the first sentence shall not replace legal or other acts under this Law.
(5) The provisions of paragraph 4 shall not apply in respect of assets with which it is competent to manage the Office of the Chamber of Deputies, the Office of the Senate or the Constitutional Court; changes in the use and handling of such property shall take place at the discretion of the competent authority of the Chamber of Deputies, the Senate or the Constitutional Court.
The Minister for Defence, the Minister for the Interior, the Director of the Security Information Service, the Director of the Office for Foreign Relations and Information and the Director of the General Inspection of the Security Corps may decide, in order to ensure the security or defence of the State, in which specific items of property with which he is responsible or who uses or enjoys an organisational component under his or her responsibility are not to be included in the central register of administrative buildings and the provisions of Paragraph 14a shall not apply. Similarly, the Minister of Finance may decide in relation to the assets with which he is responsible or used by the Directorate-General for Customs. Such decisions may be reserved in advance or subsequently changed by the Government. ';
25. In Paragraph 15 (1), the words "the Czech Republic" shall be deleted, the words "the Charter" shall be replaced by the words "the document" and the word "the declaration" shall be replaced by the words "the declaration of the origin of the right."
footnotes 26 to 28 are deleted, including the footnotes.
26. in Article 15 (2), the words "(19)" shall be deleted;
27. in Paragraph 15 (2), at the end of the first sentence, the words "; the provisions of Sections 19, 19b and 19c shall apply mutatis mutandis, depending on the nature of the case," and in the fifth sentence, the words "in another" shall be replaced by the words "in special."
28. In Article 15 (3), the words "and the land forming part of the inheritance acquired or acquired by the State and in connection with which the debt was due 'are deleted.
29. In Article 15 (4), at the end of the text of the first sentence, the words "; this is without prejudice to the procedure laid down in Article 14 (2), when it comes to immovable property and cash receivables' and in the sentence of the second sentence, the words" the relevant organisational component 'are inserted after the words "Keep'.
30. In the first sentence of Article 16 (3), the words "according to other 'are replaced by the words" by special'.
31. In Article 17, the word "signatures' is replaced by" manifestations of will ', the word "documents' is replaced by the word" documents', the words "written forms' are inserted after the words" or, where appropriate, manifestations of will on one document ', and the word "acts' is replaced by the word" negotiations'.
32. In Section 18 of the introductory part of the provision, the words "cases referred to in Section 24 (2) 'are replaced by the words" public auction'.
33. In Paragraph 18 (b), the words "before and after the county authorities' staff," shall be deleted.
Paragraph 19, including footnotes 90 and 91, reads as follows:
(1) The management of the property and other legal activities between the organisational components are carried out by registration. The procedures for the treatment of property in relation to legal and natural persons laid down by this Law, as well as the provisions of § 31 to § 37 (1) and (2), § 37a and 39 to 42, shall not apply to those legal proceedings. Organisational elements shall be governed by rules on the formalities for registration, the conditions for the payment or the free treatment of property, and other rules on the handling of property and other legal conduct, which, in accordance with the essential obligations in the management of property, shall lay down implementing legislation.
(2) Where the organisational components referred to in paragraph 1 are handled by items which are recorded in the property register, they shall also ensure that an application for an alert is made to the property register. For those purposes, the registration referred to in paragraph 1 shall be a document certifying the competence of the acquiring organisational units to manage the case.
(3) If this is particularly appropriate for the continued management of the property, the land may be burdened by a service for the benefit of another parcel with which the same or other organisational component is responsible for the management (90); This applies mutatis mutandis to immovable property which is not part of land 91). Such legal proceedings shall be subject to the declaration of the relevant organisational body concerning the creation of the right or registration referred to in paragraph 1, and such declaration or registration shall be the document on the basis of which the deposit in the property register is made.
90) Paragraph 1257 (2) of the Civil Code.
91) § 3023 of the Civil Code. '
35. The following Sections 19a to 19c are inserted after Section 19:
The organisational body responsible for managing the property which is registered in the central register of administrative buildings and which is necessary to ensure the performance of its duties or its activities may agree with the Office to take over the property, leaving it to use or consume it under the conditions of Section 19 (1). With this property, the Office is competent to manage in accordance with Paragraph 9. In the further management of this property, the provisions of Sections 14a (4) and 19b (2) shall apply mutatis mutandis.
(1) Where, in the context of the relevant organisational component (Paragraph 9), a decision has been taken pursuant to Paragraph 14 (7) on the permanent inadequacy of a tangible immovable property, including any accessories situated in the territory of the State, or on the permanent inadequacy of the construction right, and this property is not, by reason of necessity or of public interest, taken over by another body within the jurisdiction of the same body or central administrative office, where appropriate, by that authority or central administration, it shall immediately take over the property free of charge, except where it is a property which is not registered in the central register of administrative buildings and whose exchange the relevant organisational component should acquire property for the State in accordance with the provisions of Article 12 (3) or the property in respect of the procedure laid down in Section 14b. This is how the Office progresses, even if it does not need the property to carry out its tasks within the specified scope of activity. With this property, the Office is competent to manage in accordance with Paragraph 9.
(2) The Office shall ensure, in respect of assets taken over under paragraph 1, that are registered in the central register of administrative buildings, that they are used effectively and efficiently for the needs of other organisational components and, on the basis of a decision of the Government or of its delegated authority, that the property or parts thereof is left to them for use or consumption under the terms of Paragraph 19 (1). If such property ceases to be permanently usable for judicial, legislative, administrative and related activities in the performance of the functions of the State, it shall not be otherwise necessary for the Office and shall not be retained by the Office in the public interest either, the Office shall, on the basis of a decision of the Government or its delegated authority, treat it according to its nature and condition and, if it lodges assets eligible for further use, shall treat it for the benefit of legal or natural persons. Any other property taken over in accordance with paragraph 1 which the Office itself does not need or does not retain in the public interest shall be disposed of in accordance with its nature and condition and, if the property is eligible for re-use, shall be treated with it for the benefit of those organisational elements which need it to ensure the exercise of their duties or activities or which take over in the public interest. In doing so, it shall take into account the nature of the reasons for the interest of the organisational bodies in taking over such property, the urgency of their needs and the effectiveness and effectiveness of such takeover; the cases at issue shall be submitted to the Government for decision.
(3) Where, in the context of the relevant organisational component (Paragraph 9), a decision has been made on the permanent inadequacy of assets other than those taken over by the Office pursuant to paragraph 1, or for which a specific method of loading appears in paragraph 1, that property may preferably be offered and taken over by the organisers within the scope of the same body or central administration, or where one of the organisers is against the other authority or central administration, even if the acquiring organisational body does not need that property to carry out tasks within its scope or subject matter of activity, provided that such a procedure leads to a more economical disposal of that property. With this property, the acquiring organisational body is responsible for the management in accordance with § 9.
(4) Where the relevant organisational body (Paragraph 9) has not used the procedure referred to in paragraph 3, it shall dispose of permanently unused property according to its nature and condition and, if the assets are eligible for re-use and are not otherwise specified, it shall dispose of it for the benefit of another organisational body which needs it in order to ensure the exercise of its competence or activity, or which shall assume it in the public interest. Similarly, the organisational body which took over the assets referred to in paragraph 3 shall proceed.
(5) Where, in the context of the relevant organisational component (Paragraph 9), a decision has been made pursuant to Paragraph 14 (7) on the temporary inadequacy of the property or part of it, or where this has been achieved in the context of a more efficient or economical use thereof, while maintaining the main purpose for which the organisational component is used, or where it is effective before the final disposal of the property or part thereof, which has been decided on a permanent inadequacy basis within the relevant organisational component, the relevant organisational entity shall leave such property or part of it, unless otherwise provided for in accordance with the conditions of Paragraph 19 (1) for use or use for other organisational components.
(1) The offer of use or consumption of assets registered in the central register of administrative buildings to other organisational components is made through that register. The offer of use, consumption or take-over of other assets to other organisational bodies shall be made on the website of the Office. If useful, the offer may be made to other organisational components simultaneously and by other appropriate means. In the case of assets for which a procedure under Paragraph 14b has been applied, or of other assets, where a tender is necessary for reasons relating to the security or defence of the State only by other appropriate means, this other appropriate method shall apply.
(2) In the case of goods intended for exchange and goods abroad, the offer referred to in paragraph 1 shall not be made. Where assets are to be exchanged which are registered in the central register of administrative buildings and have been taken over by the Office pursuant to the provisions of § 19a or § 19b (1), the Office shall provide for its exchange and acquisition of assets for the State by exchange. If the assets acquired in this way have the character of assets registered in the central register of administrative buildings, the Office shall ensure that they are used and handled in accordance with the first and second sentences of Paragraph 19b (2). If the property acquired is not of that nature, the Office shall treat it in accordance with the third and fourth sentences of Paragraph 19b (2).
(3) It shall not be permitted to dispose of property for the benefit of legal or natural persons unless another organisational body has shown an interest in the property, or if it is an asset intended for exchange or, where appropriate, an asset abroad, and if the public interest does not prevent it; This is without prejudice to the procedure of the Office under the second sentence of Paragraph 19b (2). The procedure for the treatment of property in respect of which no other organisational body or legal or natural person is interested shall be adapted by implementing legislation. '.
36. in Article 20 (1), the words "the Czech Republic" shall be deleted;
37. in Paragraph 21 (1), the word "case" shall be replaced by "material matter," the words "§ 22 to 24" shall be replaced by "§ 22 and 23" and "§ 19" shall be replaced by "§ 19c."
38. In Paragraph 21 (2), "and 2 'is replaced by" to 3' and "paragraphs 3 to 6 'is replaced by" paragraphs 4 to 7'.
39. Paragraph 22, including footnotes 35 and 36, reads as follows:
(1) In the event of a transfer of a material item, the appropriate buyer, with whom the organisational body will discuss the conclusion of the contract, shall be found in the selection procedure. In the context of the selection procedure there is no conclusion of the contract, the contract is negotiated subsequently and the participation of the candidate in the selection procedure or the selection of an appropriate buyer does not give the candidates the right to conclude the contract or other related claims. The organisational component shall proceed in such a way that the selection of the appropriate candidate is carried out efficiently, transparently and according to predetermined criteria; the process of the organisational body in identifying the buyers and in determining the conditions, deadlines and criteria in the selection procedure shall further amend the implementing legislation. The case may also be sold at a public auction (40) and, unless the transfer of approval or exemption is required under this law, the tender for the most appropriate tender may also be used. In justified cases, direct sales may be made to the person selected or the shift, provided that the conditions of this Act for the acquisition of property in return are complied with.
(2) In the event of a transfer of a material item, a price shall be negotiated (16) at least at the rate which is customary at the place and time, unless otherwise provided for by the special legislature35. Similarly, the minimum purchase price shall be determined under the terms of the tender and the tender for the most appropriate tender or the lowest tender for public auction purposes. This shall be without prejudice to the possibility of a reasonable reduction in the minimum purchase price in the next round of the tender or in a new tender for the most appropriate tender, repeated for lack of interest, or the possibility of a reduction in the lowest bid in repeated auctions, if the auction object has not been auctioned.
(3) The case may be transferred free of charge only in the public interest, or where the transfer is more economical than any other way of dealing with the case, or where specific legislation so provides.
(4) Approval by the Ministry of Finance requires the transfer of a tangible real estate item registered in the Real Estate Register, if not a transfer
(a) the land on which the building for housing or the building for family recreation owned by the acquirer and the land situated on it is set up not exceeding 1000 m2 in total to that acquirer, or the separate transfer of the land on which the individual or ordinary garage owned by the acquirer is established;
(b) a joint ownership interest for the benefit of a joint owner who is the bearer of a legal pre-purchase right (36) or a joint ownership interest in the land on which the house was established for the benefit of the owner of the unit in that house;
(c) for the benefit of a subscriber who has exercised his right to buy;
(d) the items referred to in paragraph 5 or 6;
(e) joint installations carried out in the context of land-based treatment;
(f) an area of not more than 500 m2 on which a building which would be part of it is not set up, exchanged for the purpose of acquiring the land of another owner on which it is not set up,
(g) land in an area not exceeding 200 m2 on which the construction is not set up, unless such land attaches to any other land transferred to the same acquirer;
(h) a road parcel on which the body of a road which complies with the specific legislature38a) is situated or a local road which complies with the specific legislature38a) is owned by a municipality or a municipality, or a site designated by a final territorial decision to build a road or a local road the owner of which is to be owned under the special legislature38a) a county or municipality, to own that county or municipality;
(i) a road plot for which, due to a change in the category or class of infrastructure, a transfer to the property of a person to be the owner of the infrastructure with the changed category or class is carried out under special legislation 38a).
(5) Approval by the Ministry of Culture requires the transfer of a material movable and immovable property declared a cultural monument, with the exception of a road parcel referred to in paragraph 4 (i), and the transfer of a collection of museums. If a cultural monument is only a building that is not a separate matter, approval by the Ministry of Culture requires the transfer of a tangible real estate item to which the cultural monument is part.
(6) Approval by the Ministry of the Environment requires the transfer of land in the specially protected area and its protection zone, with the exception of the road parcel referred to in paragraph 4 (i), and the transfer of construction which is registered in the cadastral if it is established on land in the specially protected territory and its protection zone, not for the transfer subject to approval in accordance with paragraph 5.
(7) In the case of an organisational component set up by it, the founder may reserve, in whole or in part, approval for the transfer of material items for which their transfer is not subject to approval under paragraph 4, with the exception of points (c), (e), (h) and (i), (5) or (6), and is not a procedure under Paragraph 15 (2). If the competent organisational body does not have an authority, such approval may be reserved for the central administrative authority responsible for the matter and, failing that, the Ministry of Finance.
35) For example, Sections 3 to 7 and 9 to 10a of Act No. 526 / 1990 Coll.
36) For example, § 1124 of the Civil Code. '.
footnotes 36a, 37 and 38 are deleted.
40.
In the case of a transfer of a material item of a strategic nature or of significant cash or other value, the approval of the transfer may be reserved by the Government; Paragraph 22 (4) to (7) shall not apply in such a case. ';
41. in Paragraph 24 (1), the words "sale of an undertaking" are replaced by the words "transfer of a business establishment."
footnote 39 is deleted, including the footnote reference.
42. Paragraph 24 (2) is deleted and paragraph 1 is deleted.
43.
No pre-purchase or lien law can be established by contract on a material matter and no reservation of repurchase can be negotiated. '
44. The following Section 25a is inserted after Section 25:
(1) The right of construction may be established by contract for the land only if it is not possible or effective to organise with the builder. The right of construction shall be established for consideration; it may be set up without charge only in the public interest. The contractual establishment of construction law requires approval by the Ministry of Finance.
(2) In the contract referred to in paragraph 1, a reservation of consent to the construction works, changes or renewal shall be agreed against the builder, as well as a reservation of consent to use, ingestion, disposal or encumbrance of the building's right.
(3) The transfer of construction law requires approval by the Ministry of Finance; However, if a building is part of the building right, which is a cultural monument, it requires the transfer of the building right approved by the Ministry of Culture. Paragraphs 21 and 22 (1) to (3) shall apply mutatis mutandis to the transfer of the right of construction. '
45. Paragraph 26, including footnotes 41a and 92, reads:
(1) Servicity is negotiated for consideration and only to the extent that it does not prevent the organisational component from carrying out its activities.
(2 In other cases, the Ministry of Finance may, for serious reasons, allow the exemption to be imposed on the material property of the servants.
(3) A real estate item registered in the real estate register cannot be contracted under a real burden; This is without prejudice to the possibility to negotiate a remuneration for the establishment of a building right (§ 25a) as a building salary.
41a) § 2 (1) (l) of the Building Act.
92) § 1029 to 1036 of the Civil Code. '
46. In the first sentence of Article 27 (1), the word "Thing 'is replaced by" Material' and, at the end of the text of the second sentence, the words "or, where appropriate, before the final treatment of a case for which a decision has been made as part of the relevant organisational body on permanent inusability 'are added.
47.Paragraph 27 (2) reads as follows:
"(2) The use referred to in paragraph 1 may only be negotiated for a fixed period of not more than 8 years for one user. Where the conditions referred to in paragraph 1 are met, use may be extended, subject to the conditions set out in the first sentence of paragraph 3, by agreement, in such a way that the total period of use does not exceed 8 years, or renegotiate with the same user, but only for a period of no more than 8 years. The contract must exclude the continuation of the use relationship by continuing the use after the date on which the use relationship was to end. The contract shall include an arrangement allowing the organisation to terminate the use of the notice of termination and also an arrangement allowing the immediate termination of the use relationship if the conditions laid down in paragraph 1 are no longer met. ';
footnotes 42 and 43 are deleted.
48. Paragraph 27 (3), including footnote 44, reads:
"(3) In the case of the use referred to in paragraph 1, the lease may not be agreed at a lower rate than that resulting from price regulation as the highest possible rent) and, if such regulation is not applied, it shall be agreed at least at the rate that is normal at the place and time. In the absence of special legislation or, in the case of a case abroad, applicable law, the rent increase scheme shall be agreed at the same time and, depending on the nature of the case, the method of discharging prices and remuneration for all services provided and the use-related services. Free use can only be negotiated with persons whose main purpose is not entrepreneurship, and only to ensure the performance of the public administration in a delegated capacity, or for the purposes of social, humanitarian, fire protection, population protection, integrated rescue system, education, scientific, cultural, sports and physical protection, nature protection and environmental protection, and working with children and youth; However, the provisions of the second sentence on the negotiation of the method of pricing and remuneration for all services provided and the use-related services shall apply mutatis mutandis.
44) Sections 3 to 7 and 9 to 10a of Act No. 526 / 1990 Coll. '.
footnote 44a is deleted.
49. In Paragraph 27 (4), the words "conditions' are deleted and the words" set out in 'are replaced by the words "set out in'.
50. In Section 27, paragraphs 6 and 7 are added, including footnote 93:
"(6) If the purpose of the lease of the premises or rooms is to conduct business activities in that area or room, the lessee may not give prior consent to the transfer of the lease in connection with the transfer of the business of the lessee (93).
(7) The provisions of paragraphs 1 to 6 shall not apply where a case or part thereof is the subject of a service or other similar performance, provided by a legal or natural person solely to the organisational component which is responsible for the management of the matter or solely serves to provide such service or other similar performance. This is without prejudice to the obligation of the organisational body to negotiate, within the framework of the regulation of legal relations with the service provider or other similar transactions, the necessary conditions concerning the use and protection of the case or part of it.
93) § 2307 (1) of the Civil Code. '
51. the following Section 27a is inserted after Section 27:
(1) Neither the case nor part of it may be left to a legal or natural person on the basis of a complaint.
(2) For use on the basis of a patchet, a legal or natural person may be given the case or part thereof only if the nature of the pacht and the terms and conditions agreed are combined with those laid down in § 27 (1) to (3); § 27 (4) to (6) and § 44 and 45 shall apply mutatis mutandis. The Pacht cannot be negotiated in the case of a commercial plant. '
52.
"45) Act No. 90 / 2012 Coll., on Companies and Cooperatives (Act on Commercial Corporations). '.
(53) In Paragraph 28 (2), the words "On behalf of the State" shall be replaced by the words "Behind the State" and the words "On behalf of the State" shall be replaced by the words "Behind the State."
54. In Paragraph 28, at the end of paragraph 3, the sentence "In order to dispose of the State's shareholding in a trading company under the procedure laid down in Paragraph 15 (2), prior approval by the Government under the first sentence is not required."
55.
The State may set up or participate in an institution, foundation or foundation fund with the prior approval of the Government. At the same time, the government will determine which Ministry will be the State to perform the function of founder. Paragraph 28 (2) of the second sentence shall apply mutatis mutandis. ';
footnotes 46 and 47 are deleted.
56. Paragraph 30 (1) and (2), including footnotes 48, 49 and 51, read:
"(1) The State cannot participate in the establishment of a cooperative (45) or enter into it or acquire membership in it by transferring a cooperative interest, may not join the company (48) and may not conclude a silent partnership contract 49). In the case of the acquisition of a cooperative membership in connection with procedures under the Financial Market Recovery and Crisis Management Act, the prohibition in the first sentence shall not apply.
(2) The State may, with the prior approval of the Government, take part in or become a member of the association, or become a member of the interest association of legal persons (51), if it participates in the activities of international and transnational NGOs. The founding and membership powers shall be exercised by the relevant organisational body (Section 9), the scope or subject matter of which is materially linked to the purpose and subject matter of the main activities of the association or of the interest association of legal persons, as appropriate.
48) § 2716 to 2746 of the Civil Code.
49) § 2747 to 2755 of the Civil Code.
51) § 3051 of the Civil Code. '.
footnotes 48a and 50 are deleted.
57. in Paragraph 31 (1), the word "liability" is replaced by "debt" and the word "commitment" is replaced by "debt."
58. footnotes 52 to 55 are deleted, including the footnotes.
59. Paragraph 34 (1) reads as follows:
"(1) The debt may be waived in whole or in part only to the debtor who is a natural person, if his difficult social circumstances and his request for forgiveness so justify. '
footnote 57 is deleted, including the footnote reference.
60. In Paragraph 34, the following paragraph 5 is added:
"(5) The debt may be waived only by written agreement. '
61. In Paragraph 35 (2), the words "and the debtor refuses to fulfil the debt voluntarily" shall be replaced by the words "if the debtor refuses to comply voluntarily or the facts suggest that the expected cost of recovering the claim significantly exceeds the expected revenue from that claim."
62. In Article 35, at the end of paragraph 3, the words "the procedure provided for in paragraphs 5 and 6 shall not apply 'shall be added.
63.
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Regulation Information
| Citation | Act No. 51 / 2016 Coll., amending Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its presentation in legal relations, as amended, and some other laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.02.2016 |
|---|---|
| Effective from | 01.03.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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