Act No. 554 / 2004 Coll.
Act amending Act No. 40 / 1964 Coll., Civil Code, as amended, Act No. 99 / 1963 Coll., Civil Code, as amended, Act No. 358 / 1992 Coll., on notaries and their activities (notarial Code), as amended, Act No. 513 / 1991 Coll., Commercial Code, as amended, and Act No. 337 / 1992 Coll., on the Administration of Taxes and Fees, as amended
Valid
Law
Effective from 01.01.2005
554
THE LAW
of 24 September 2004
amending Act No. 40 / 1964 Coll., Civil Code, as amended, Act No. 99 / 1963 Coll., Civil Code, as amended, Act No. 358 / 1992 Coll., on notaries and their activities (notarial Code), as amended, Act No. 513 / 1991 Coll., Commercial Code, as amended, and Act No. 337 / 1992 Coll., on the Administration of Taxes and Fees, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Civil Code
Act No. 2001 / 2001, Act No. 2001 / 2001, Act No. 2001 / 2001, Act No. 2001 / 2001, Act No. 2001 / 2001, Act No. 2001 / 2001, Act No. 2001 / 2001, Act No. 2001 / 2001, Act No. 2001 / 2001, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2001, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2001, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No.
1. Paragraph 175c, including footnote 67a, reads:
The Court of First Instance shall establish whether, in the register of wills maintained under the special legislature67a, the following are registered:
(a) the testament of the deceased, the instrument of succession or the instrument of appeal of such acts (hereinafter referred to as "the testament") and with which the notary or court is imposed;
(b) a document setting out the provisions of the inheritance administrator, the instrument withdrawing the provisions of the inheritance administrator or the instrument withdrawing the consent to the provision of the term of office of the inheritance administrator (hereinafter referred to as the "Charter of the management of the inheritance") and with which notary is deposited the Charter of the management of the inheritance.
67a) § 35a of Act No. 358 / 1992 Coll., on notaries and their activities (notarial order), as amended. '
2. Paragraph 175d (2) reads as follows:
"(2) If the deceased has left a will or a deed relating to the management of the inheritance, the court shall establish their status and content; a notary who has a will or a deed of custody of the estate shall do so at the request of the court. '
3. In Article 175d, paragraphs 4 and 5 are added:
"(4) If the court finds that the deceased has left a document of the management of the inheritance provided for by the inheritance administrator, it shall inform the designated inheritance administrator of the death of the deceased and invite him to take up his duties. The court does not have that obligation if it has been informed by the inheritance administrator that it has taken office.
(5) If it is established in the preliminary investigation that the deceased was the account holder of the bank, the court shall inform that bank of the date of death of the deceased. '
4. In Article 175e (1), the word "where appropriate 'is replaced by" a' and the words "(hereinafter referred to as" the administrator ')' are deleted.
5. Paragraph 175e (4) reads as follows:
"(4) Urgent measures may be implemented and the succession manager may be appointed by any court, if there is a risk of delay. ';
6. In Paragraph 175e, paragraph 5 is deleted.
7. Paragraph 175f, including footnote 67b, reads:
(1) The Court of First Instance may, if the general interest or the important interest of the parties so requires, provide for an order of its own motion,
(a) if the deceased has not left a document on the management of the inheritance, which the administrator of the inheritance entitled to manage all the assets belonging to the inheritance would have provided; where the deceased has left a document of the management of the inheritance, which the administrator of the inheritance authorised to manage only part of the property belonging to the inheritance, the court may appoint the administrator of the inheritance to administer the property for which the trustee did not appoint the deceased to manage,
(b) if the deceased or the court appointed by the succession administrator has died, has been deprived of his legal capacity or has been limited in that capacity or has been deprived by the court of the duties of the previous estate administrator.
(2) The succession administrator shall be appointed by the court in particular from the heirs' circle or from the persons close to the deceased; a notary who is not a judicial commissioner in this proceedings may also be appointed as administrator of the succession. Where the succession of an undertaking or property is the subject of an inheritance, the court shall designate the trustee of the succession as the person having experience in the management of the undertaking or in the management of the property. Only those who agree to this may be appointed as the inheritance manager. (b) the court may also appoint a State as administrator of the succession.
(3) The administrator of the succession appointed by the court shall take up his duties on the day following the date of service of the order, unless it indicates a later date.
(4) If the succession administrator is likely to be incompetent to perform his duties properly, the court shall, without application, suspend him by order. This is true even if, despite the court's appeal under Paragraph 175d (4), it is dormant.
(5) For important reasons, in particular if he does not perform his duties properly, the court may, on its own motion, relieve the administrator of the succession of the office. The same applies if the succession administrator has requested the court to waive the post of succession administrator.
(6) The order referred to in paragraphs 1, 4 or 5 shall specify the extent of the assets of the deceased being managed.
(7) The inheritance administrator who has been relieved of his duties shall inform the new inheritance administrator accordingly and without undue delay and transmit to him all documents relating to the assets under management. If a new inheritance manager has not been appointed, it has this obligation towards the heirs.
(8) If the succession administrator fails to comply with the obligation to report to the court on his or her activities or does not perform his or her duties properly, the court may impose an order of order (§ 53).
67b) § 462 of the Civil Code. '.
8.
(1) The heir may dispose or take other measures in excess of the normal course of business, with the permission of the court, of items or other property belonging to the inheritance during the succession proceedings.
(2) The heirs may dispose of or take other measures in excess of the normal course of business, with the consent of the heirs and with the permission of the court, with or without the consent of the heirs.
(1) By order pursuant to Sections 175p and 175q, the proceedings for the inheritance are closed.
(2) After the legal power of the order pursuant to Sections 175p and 175q, the court shall abolish the heirlooms which it has carried out, which it has not already abolished in the course of the proceedings; in particular, abolish any prohibitions on the payment of deposits, insurance policies and other values which have been carried out in the succession proceedings or under the law. It shall also inform the banks or other persons for whom these values are stored, to whom they are to be issued; If this person is not known or if he is unknown, the court shall proceed mutatis mutandis in accordance with Paragraph 185g. The time limit laid down in Paragraph 185g (1) shall begin to run from the date of the decision which concluded the proceedings.
(3) The court shall also inform the banks of who has become the owner of the deceased's accounts after the legal power of the order under paragraphs 175p and 175q. '.
9. In Article 268 (1) (g), the words "unless that enforcement has already been carried out 'shall be inserted after the words" the right conferred by it'.
10.Paragraph 274 (e), including footnote 80, reads as follows:
"(e) notarial and executive records authorised to be enforceable, drawn up under special laws; 80)
80) § 71a to 71c of Act No. 358 / 1992 Coll., as amended by Act No. 30 / 2000 Coll. § 40 (1) (d) and § 78 (a) of Act No. 120 / 2001 Coll. '.
11. in Article 374a (a), the words "and the remuneration of heirs" shall be deleted;
Change of notarial order
Act No. 358 / 1992 Coll., on notaries and their activities (notarial order), as amended by Act No. 82 / 1998 Coll., Act No. 30 / 2000 Coll., Act No. 370 / 2000 Coll., Act No. 120 / 2001 Coll., Act No. 317 / 2001 Coll., Act No. 352 / 2001 Coll., Act No. 501 / 2001 Coll., Act No. 6 / 2002 Coll., Act No. 18 / 2004 Coll., Act No. 237 / 2004 Coll., Act No. 284 / 2004 Coll., Act No. 284 / 2004 Coll., amended as follows:
1. In Paragraph 4, the words "this law or 'shall be inserted after the words" so'.
2.
(1) The notary's seat is the seat of the notary's office to which he was appointed. In his seat, a notary for the activities of a notary shall set up a notary office, registered in the notary record kept by the notary chamber.
(2) The notary may introduce official days outside the notary office and outside his registered office. The establishment of an official day and its cancellation shall be required to notify the Chamber and the notarial chamber in whose district it has its seat. The Chamber and the notary chamber shall keep a record of established official days and of their cancellation. ';
3. Paragraph 13 (1) reads as follows:
"(1) The notary usually carries out the activities of a notary in a notary's office and during official days also at the place where they are held. The notary can perform individual tasks in another place. In another place, the notary will perform a single act if necessary. '
4. In Article 24 (1), the words "at the time of his absence 'are deleted and the words" Article 3 (2)' are replaced by the words "Article 3 (3) '.
5. In addition to the provisions of § 35a, the following heading is inserted: "Central registration of wills'.
6. § 35a reads:
(1) The central registration of wills is a non-public list in electronic form, which is maintained, operated and administered by the Chamber. The Central records of wills shall record the wills, the instruments of succession and the instruments of revocation of such acts (hereinafter referred to as the "will '), as well as the instruments of provisions of the succession administrator, the instrument of revocation of the provisions of the inheritance administrator and the instrument of revocation of the consent of the provision to the post of succession administrator (hereinafter referred to as the" Charter of the management of the succession'). The wills and documents relating to the management of the inheritance shall be recorded separately.
(2) At their request, the Chamber shall inform the court or other State body, the notary who has been entrusted as a judicial commissioner with carrying out acts in respect of the succession proceedings and the person who has demonstrated a legal interest, at their request, whether the will or several wills of the deceased are registered and with whom they are deposited, and shall inform the court, another State authority or notary who has been charged as judicial commissioner with carrying out acts in respect of the succession proceedings, at their request, whether the instrument for the management of the estate of the deceased or more of such documents and who they are deposited with. The application may not be granted if it has been lodged in the lifetime of the customer or the appellant of the will or the instrument of the management of the inheritance.
(3) Any notary shall, at the request of a person who demonstrates a legal interest in the registration of the Charter on the Management of the Heritage of the Central Register and with whom he is deposited, issue a copy of the minutes of the Central Register of the wills if the Charter on the Management of the Heritage is registered; If it is not registered, it shall issue a certificate stating that the Charter on the Management of the Heritage is not registered. Where more than one document relating to the management of the inheritance acquired by the same customer is registered, the copy of the registration shall contain the particulars of all those documents. Paragraph 2 of the second sentence shall apply mutatis mutandis.
(4) The Chamber shall proceed with the management of the Central record of the wills in accordance with the Regulation adopted by the Chamber [Paragraph 37 (3) (o)]. '.
7.
If a notary draws up a will in the form of a notarial record or draws up a document on the management of the inheritance, he shall, by means of electronic transmission of the data to the Central Register, enter the particulars of such a deed and of its customer or, where appropriate, the administrator of the inheritance, as provided for by the Code adopted by the Chamber [§ 37 (3) (o)]. ';
8. Paragraph 83 (4) reads as follows:
"(4) If the notary accepts the will for safekeeping, Paragraph 70 shall apply mutatis mutandis. '.
9. In Paragraph 90, the second period is replaced by a semicolon, and the words "the same shall be applied in the life of the customer in the case of notarial entries on the documents of the management of the inheritance by which the administrator of the inheritance has been appointed or which have been withdrawn from the provisions of the administrator."
(10) Paragraph 91 (2) and (3) read as follows:
"(2) The notary with whom the notarial record of the deed of inheritance management is filed shall, after the death of the customer, issue a copy of that notarial note to any person who can prove his legal interest and the death of the person whose property relates to the deed of inheritance management. Death can only be demonstrated by death certificate or court judgment of a declaration of death or an officially certified copy thereof.
(3) Simple copies of notarial entries may be issued to persons to whom copies may be issued. Other persons may be issued a simple copy only with the consent of the persons to whom copies may be issued. '
11. in Paragraph 91, the following paragraph 4 is added:
"(4) A simple copy of the notarial notes on the wills and the documents relating to the management of the inheritance may be issued only to their customer or to the person appointed by the administrator of the inheritance or to their agents, who shall be declared in full authority with the official signature of the principal. ';
12. In Paragraph 100, the present text becomes paragraph 1 and the following paragraph 2 is added:
"(2) In the notarial record of the Charter on the Management of the Heritage in the life of its acquirer, only the acquirer and the heirs appointed by it have the right to consult. '
13. In the second sentence of Paragraph 101 (1), the words "or notarial record of the Charter on the Management of the Heritage" shall be inserted after the words "wills."
TRANSITIONAL PROVISIONS
1. The provisions of this Act shall also apply to legal relationships arising before the date of its entry into force; However, the existence of such legal relations and the claims arising from them before the date of entry into force of this Act shall be assessed in accordance with existing legislation.
2. Paragraph 369a of the Commercial Code, as amended by this Act, shall not apply to relations established by contracts concluded before the date of entry into force of this Act.
3. According to the current legislation, the termination of the Procura pursuant to Article 14 of the Commercial Code, the commercial mandate pursuant to Article 15 of the Commercial Code and the mandate to dispose of funds in an account under Article 710 of the Commercial Code, granted before the date of entry into force of this Act, shall be assessed, unless, after the date of entry into force of this Act, the principal declares by written legal act with an officially certified signature that:
(a) the Procura granted by him or the commercial authority shall not cease after his death; in the case of a procuring entity, the procuring entity is obliged to apply mutatis mutandis in accordance with Section 14 (7) of the Commercial Code and the person empowered to exercise full authority in accordance with Section 15 (3) of the Commercial Code,
(b) the authorisation granted by him to dispose of funds in his account shall not cease after his death; If the account holder's declaration is made before the bank, an official verification of the signature shall not be required.
4. If the shareholder's participation in the company has been restored in accordance with the provisions of Section 148 (4) of the Commercial Code prior to the date of application of this Act, and if the shareholder has as a consequence an obligation to replace the company's share of the settlement and the shareholder does not replace that share of the company within two months of the application of this Act, its participation in the company shall cease.
EFFECTIVE
That law shall take effect on the first day of the second calendar month following its publication.
Zaoralek v. r.
Klaus v. r.
Gross v. r.
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Regulation Information
| Citation | Act No. 554 / 2004 Coll., amending Act No. 40 / 1964 Coll., Civil Code, as amended, Act No. 99 / 1963 Coll., Civil Code, as amended, Act No. 358 / 1992 Coll., on notaries and their activities (notarial order), as amended, Act No. 513 / 1991 Coll., Commercial Code, as amended, and Act No. 337 / 1992 Coll., on Tax Administration and Charges, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.11.2004 |
|---|---|
| Effective from | 01.01.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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