Act No. 555 / 2004 Coll.
Act amending Act No. 99 / 1963 Coll., Civil Code, as amended, Act No. 150 / 2002 Coll., Administrative Code, as amended, Act No. 549 / 1991 Coll., on Judicial Charges, as amended, and Act No. 85 / 1996 Coll., on Advocacy, as amended
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Law
Effective from 01.01.2005
Text versions:
01.01.2005
09.11.2004
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555
THE LAW
of 24 September 2004
amending Act No. 99 / 1963 Coll., the Civil Code, as amended, Act No. 150 / 2002 Coll., the Administrative Rules, as amended, Act No. 549 / 1991 Coll., on Judicial Charges, as amended, and Act No. 85 / 1996 Coll., on Advocacy, 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. 2000 / 2001, Act No. 2000 / 2001, Act No. 2001 / 2001, Act No. 2001 / 2001, Act No. 2000 / 2001 Coll., Act No. 2001, Act No. 2000, Act No. 2001, 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. 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. 2000, Act No. 2000, Act No.
1. paragraphs 45 to 50g, including the headings and footnotes No 58a to 61d, shall read:
"Delivery
(1) The document shall be served by the court at the hearing or other judicial action.
(2) If the document referred to in paragraph 1 has not been served, the President of the Chamber shall order it to be served by the service authority (§ 45a) or by a public data network (§ 45f).
Service bodies
(1) The service bodies are the judicial service providers, judicial guards, judicial executors, postal operators, police authorities of the Czech Republic, authorities of the Czech Prison Service, facilities for the performance of constitutional or protective education, territorial military administration, the Ministry of Interior and the Ministry of Justice ("the Ministry of Justice").
(2) A document may be served only under the conditions laid down in a separate law by means of judicial executors. 58a)
(3) A document may be served through postal service operators only if, under the contract concluded by the postal service operator (58b), the obligation of the postal service operator to deliver a consignment containing the document is established in the manner prescribed for the service of the document by this law; This does not apply if the document is delivered by inserting an envelope with the document delivered into the addressee's home or other containers used by it (§ 49 (3)).
(4) Through the authorities of the Prison Service of the Czech Republic, the facilities for the performance of constitutional or protective education, the Regional Military Administration and the Ministry of Interior can be served only in the cases provided for by this Act.
(5) Through the authorities of the Police of the Czech Republic and the Ministry, the document can be served only in cases provided for by this Act or by specific legislation.
Delivery into your own hands
(1) Documents to which the law so provides shall be served in their own hands, and other documents, if the President of the Chamber so requests.
(2) The President of the Chamber shall order the service of the document in his own hands in accordance with paragraph 1, in particular where there is a risk that the document will be handed over instead to the addressee to a party having a conflicting interest in the matter.
Service to participants' representatives
(1) Where a party has a procedural proxy, the President of the Chamber shall order the service of the document only to that representative, unless the law provides otherwise.
(2) Where a party has granted authorisation only for certain acts, the President of the Chamber shall order the service of the document only by his representative, unless the power of attorney expressly authorises him to do so, unless the law provides otherwise.
(3) If a party is to appear for questioning or to carry out something else in person in the proceedings, the President of the Chamber shall order the service of the document not only to the representative referred to in paragraph 1 or 2 but also to that party.
(4) Where a party is acting in the court of its legal representative, the President of the Chamber shall order the service of the document only to that representative. However, if a party is represented by his legal representative pursuant to Paragraph 23, the document shall also be served on that party.
Service to the guardians of the participants
(1) Where a guardian has been appointed to a party, the President of the Chamber shall order the service of the document only to that guardian, unless the law provides otherwise.
(2) The order concerning the provision of a guardian of a participant pursuant to Articles 29, 187 (1), 191b (2) and 192 (1) must also be served on that participant. However, the order concerning the provision of a guardian of a party to an unknown stay, a party who has failed to reach a known address abroad, and a legal person who, as a party to proceedings, is unable to appear before a court because there is no person authorized to act for it or because it is questionable who is entitled to act for it, shall be served only on the other parties and the appointed guardian and shall be hanged on the court's official record.
(3) Where a guardian has been appointed to a party because, for reasons other than mental illness, the President of the Chamber cannot, for reasons other than those of the disabled, take part in proceedings for a transitional period or because he is unable to express himself clearly or if the law so provides, he shall order the service of the document not only to the guardian but also to the participant.
Service representative
(1) If it is not possible for the party or his representative to service the documents without difficulty or delay, the President of the Chamber shall order him to choose a representative for the service of the documents; This does not apply if it is to be delivered abroad and in the cases referred to in Paragraph 46a.
(2) Where a participant or his representative does not elect a document service representative within the prescribed time limit, or where it is not possible to service such representative without difficulty or delay, the documents shall be served on them by way of order. A participant or his representative shall be informed thereof in a resolution issued pursuant to paragraph 1.
Service via public data network
(1) By means of a public data network, the court may service the document only if the addressee has communicated his electronic address to the court, if the court has so requested or agreed to service the document and if it has indicated to the accredited certification service provider who has issued his qualified certificate and keeps its register or has submitted its valid qualified certificate.
(2) Upon service of the document referred to in paragraph 1, the court shall invite the addressee to confirm the service to the court within 3 days of the date of dispatch of the document by means of a data message bearing its guaranteed electronic signature.
(3) Service via a public data network shall be ineffective if the document sent to the court by electronic address has been returned to it as non-negotiable or if the addressee has not confirmed its receipt by a data message in accordance with paragraph 2 within 3 days of dispatch of the document.
(4) Effective service of the document by means of a public data network shall also be deemed to be service in the addressee's own hands.
Service to natural persons
(1) A document addressed to a natural person shall be sent by the court to the service authority at the address of its apartment, its place of business, its place of work or its place of residence. If the natural person so requests, the court shall transmit the document to the address of another place in the Czech Republic which it has communicated to him; This shall not apply if the document in the designated place cannot be served on it in the manner prescribed by this law.
(2) The service authority may deliver the document to a natural person not only at the address referred to in paragraph 1 but wherever it is found.
(3) Where a natural person has not been contacted at the address referred to in paragraph 1 and the document has not been served on him or at any other place, the service authority shall deposit the document to be served on him or her in its own hands. The other document shall be delivered by the service authority to the appropriate natural person residing, acting or employed in or around the same place who knows the addressee and agrees to forward the document to him; If it is not possible to deliver it, it shall deposit the document. Without any prior attempt to service the document to the address referred to in paragraph 1, the document may be deposited if the natural person so requests in writing by the service authority and if the signature on the application has been officially verified.
(4) Where a document is served in accordance with paragraph 3 of the sentence of the second party having a conflicting interest in the matter, service shall be ineffective.
(5) Where a document has been served at a place not governed by special legislation 58c) as a place of residence of a natural person, the deposit of a document which the addressee has not collected within 3 days, or where the document to be served in his own hands is not effective, unless the natural person has requested to be served at the address of that place or otherwise has designated it as a place of residence, business or work, where appropriate as another place where the document is to be served in his or her own hands, or unless it is proved to have been held in that place within 10 days of the date on which it was not reached, or at any time within 3 days, or, if the document to be served in his own hands, within 10 days of the deposit.
(6) Where a document has been served at an address which is otherwise designated by a natural person as having lived or is stayin 'or working or, where appropriate, as a place where it is to be served or may be served, by a natural person to the court (paragraph 1), the deposit of a document which the addressee has not received within 3 days, or, if the document is to be delivered in his own hands within 10 days of the date of the deposit, if the natural person concerned has not been held at the place of service, or within 3 days, if the document to be delivered to his own hands or, if the document is to be delivered to his own hands, within 10 days of the date of the deposit.
(7) The provisions of paragraphs 5 and 6 apply mutatis mutandis if the document has been served to an appropriate natural person residing, acting or employed in or around the same place, who knows the addressee and has agreed to forward the document to him or if the document has been filed at the request of the natural person without prior attempted service to the address referred to in paragraph 1.
Special cases of service to natural persons
(1) A document addressed to a natural person in the execution of a prison sentence or in custody shall be sent to the address of the prison where he carries out the sentence or detention. It shall be served by means of a service of a service of the court, postal operator or judicial guards. If the nature of the document served so permits, it can also be served via the competent authority of the Czech Prison Service. If specific legislation so provides, the document may also be served by the authorities of the Czech Police.
(2) A document addressed to a natural person who is located in an establishment for the performance of constitutional or protective education shall be sent for service to the address of the establishment concerned. If the nature of the document served so permits, it may also be served by means of the appropriate establishment.
(3) A document addressed to the person enjoying diplomatic privileges and immunities, or to who is in his apartment, or to whom the document is to be delivered in a building or room protected by diplomatic immunity, shall be forwarded to the Ministry for service.
(4) If it is not possible to deliver a document to a soldier in active duty, it shall be delivered through the relevant regional military administration.
(5) Unless otherwise possible, the document shall be delivered to the police officer through the Ministry of the Interior.
(6) Where, at the time of service referred to in paragraphs 1, 2, 4 and 5, a natural person at the place of service has not been found and has therefore not been able to service the document, Paragraph 46 (3) shall not apply and the service authority shall return the document with a report of that court.
(7) Paragraph 46 shall apply to the service of the persons referred to in paragraphs 1 to 5, except where otherwise stated in Section 46a.
Service to legal persons
(1) A letter addressed to a legal person shall be sent by the court to the service authority at the address of its registered office registered in a commercial or other public register or to the address where it actually resides. 59) If a legal person so requests, the court shall forward the document for service to another address in the Czech Republic which it has communicated to him; This shall not apply if the document in the designated place cannot be served on it in the manner prescribed by this law.
(2) The authorities and persons referred to in Paragraph 21, its staff (members) who have been entrusted with this task or other natural persons empowered by the legal person may accept the document served.
(3) Where no person has been authorised to accept a document under paragraph 2 at the address referred to in paragraph 1, the service authority shall impose a document. Without any prior attempt to service the document to the address referred to in paragraph 1, the document may be deposited if the legal person so requests in writing by the service authority and if the signature on the application has been officially verified.
(4) Where a document has been served at the address of the registered office registered in a commercial or other public register, the deposit of a document which has not been collected by a legal person within 3 days, or, if the document is to be served in its own hands, within 10 days of the deposit, is ineffective if the legal person has demonstrated to the court that, on the date on which the legal person has not been found to have been found to have lodged elsewhere, and that, without undue delay, he has applied for the change of his registered office in a commercial or other public register.
(5) Where a document is served at the address of the actual registered office, the deposit of a document which has not been collected by a legal person within 3 days, or, if the document to be served in its own hands is not effective within 10 days of the deposit, if the legal person of the court proves that, within 10 days of the date on which the legal person was not contacted, no one who was entitled to accept the document under paragraph 2, and within 3 days, or if the document to be served in his own hands, was actually residing elsewhere within 10 days of the deposit.
(6) The provisions of paragraphs 4 and 5 shall apply mutatis mutandis if the document has been deposited at the request of a legal person without any prior attempt at service at the address referred to in paragraph 1.
Service to lawyers
(1) The letter addressed to the lawyer shall be forwarded by the court to the service authority at the address of its registered office. 60) If the lawyer so requests, the court shall forward the document for service to another address in the Czech Republic which he has communicated to the court; This shall not apply if the document in the designated place cannot be delivered to him in the manner prescribed by this law.
(2) A document addressed to the lawyer may also be accepted by his or her lawyers' associates, other staff members and other natural persons authorised by the lawyer to do so. If the lawyer is engaged with other lawyers, the latter may also accept the document, their lawyers, their lawyers or other members of their staff. Where a lawyer is engaged as a member of a public company, the other members of that company, the lawyers' associates or other members of its staff may also accept the document.
(3) Where a lawyer or person who is entitled to accept a document addressed to a lawyer under paragraph 2 has not been contacted at the address referred to in paragraph 1, the service authority shall impose a document.
Service to notaries
(1) The letter addressed to the notary shall be forwarded by the court to the service authority at the address of his office. 61) If the notary so requests, the court shall forward the document for service to another address in the Czech Republic which he has communicated to him; This shall not apply if the document in the designated place cannot be delivered to him in the manner prescribed by this law.
(2) A letter addressed to a notary for him may also be accepted by his notarial associates, his notarial candidates, his other staff members and other natural persons whom the notary has empowered to do so. If a notary carries out the activities of a notary together with other notaries, these notaries, their notaries, their notaries, their notaries, or other employees, may also accept this document for him.
(3) Paragraph 48 (3) applies mutatis mutandis.
(4) A representative of a notary or an alternate of a notary shall be treated appropriately in accordance with paragraphs 1 to 3.
Service to court executors
(1) The document addressed to the court executor shall be forwarded by the court to the service authority at the address of his office in which the executive office operates. 61a) If the court executor so requests, the court shall forward the document for service to another address in the Czech Republic which it has communicated to him; This shall not apply if the document in the designated place cannot be delivered to him in the manner prescribed by this law.
(2) It may also be accepted by its executors, its executors, other employees and other natural persons empowered by the executor.
(3) Paragraph 48 (3) applies mutatis mutandis.
(4) The service of the document by the representative of the court executor shall be effected mutatis mutandis in accordance with paragraphs 1 to 3.
Service to patent representatives
(1) The document addressed to the patent representative shall be forwarded by the court to the service authority at the address of its registered office or residence registered with the Chamber of Patent Representatives. 61b) If the patent representative so requests, the court shall forward the document for service to another address in the Czech Republic which it has communicated to him; This shall not apply if the document in the designated place cannot be delivered to him in the manner prescribed by this law.
(2) A document addressed to the patent representative may also be accepted by his staff and by other natural persons authorised by the patent representative to do so. Where a patent representative carries out his or her activities together with other patent representatives, such documents may also be accepted by such patent representatives and their staff.
(3) Paragraph 48 (3) applies mutatis mutandis.
Service to legal advisory persons under specific legislation
When serving a document addressed to a natural person chosen by a participant by his or her representative (§ 27), who is entitled to conduct specialised legal advice under special legislation and the proceedings relate to the field of activity referred to therein (61c) and who is not a lawyer, notary, court executive or patent agent, through the service body, shall be treated in accordance with § 46.
Service of State
(1) The letter addressed to the State shall be forwarded by the court to the service authority of the competent organisational body of the State at the address of its registered office. If the competent organisational body of the State so requests, the court shall forward the document to another address in the Czech Republic which it has communicated to it; This shall not apply if the document in the designated place cannot be served on it in the manner prescribed by this law.
(2) The person referred to in Article 21a (2) or his staff who have been entrusted with it may accept the document served as the relevant organisational component of the State.
(3) If the State acts as a representative of the State in matters of property, the service of a document addressed to the State shall be carried out in accordance with Paragraph 48f.
Service of the State Representation Office in property matters
(1) The document addressed to the Office for the Representation of the State in matters of property court shall be forwarded to the service authority at the address of its competent territorial establishment. 61d) If the Office of State Representation so requests in matters of property, the court shall forward the document to another address in the Czech Republic which it has communicated to it; This shall not apply if the document in the designated place cannot be delivered to him in the manner prescribed by this law.
(2) For the Office for the Representation of the State in matters of property, the document to be served may be accepted by a staff member who has been entrusted with the management of the relevant territorial establishment, authorised by the staff referred to in Article 21c (1) or by other of its staff who have been entrusted with it within the relevant territorial establishment.
Service to administration
(1) The document to be sent to the administrative office shall be served by the court at the address of its registered office. If the administrative office so requests, the court shall forward the document for service to another address in the Czech Republic which it has communicated to it; This shall not apply if the document in the designated place cannot be delivered to him in the manner prescribed by this law.
(2) The document to be served may be accepted as an administrative office by those who are entitled to act on behalf of the administrative office or by its staff authorised to do so.
Service to municipalities
(1) The letter addressed to the municipality shall be forwarded by the court to the service authority at the address of its registered office. If the municipality so requests, the court shall forward the document for service to another address in the Czech Republic which it has communicated to it; This shall not apply if the document in the designated place cannot be served on it in the manner prescribed by this law.
(2) They may accept as a municipality the document to be served by the person authorised to act under Paragraph 21b (1) of this Article, by its employees who have been so entrusted and by the persons empowered by the Mayor of the municipality to do so.
(3) If no person has been contacted at the address referred to in paragraph 1 who is entitled to accept a document as a municipality under paragraph 2, the service authority shall impose a document.
Service to higher local authorities
(1) The letter addressed to the higher territorial unit shall be forwarded by the court to the delivering authority at the address of its regional office or the City of Prague. If a higher territorial authority so requests, the court shall forward the document to another address in the Czech Republic which it has communicated to it; This shall not apply if the document in the designated place cannot be delivered to him in the manner prescribed by this law.
(2) A person authorised to act under Paragraph 21b (1) may accept as a higher territorial authority the document served for it and its staff responsible for it.
(3) Where no person has been contacted at the address referred to in paragraph 1 who is entitled to accept the document as a higher territorial unit under paragraph 2, the service authority shall impose the document.
Service procedure
(1) If the President of the Chamber orders the service by means of the service authority (§ 45a), he shall be given the document for service in a sealed envelope. When a judgment or order is served on the substance of the case, only one document may be inserted in the envelope, unless an action or other application initiating proceedings is served with the decision.
(2) Where it is necessary in the proceedings to prove the service of a document to the addressee, an envelope bearing the document to be served shall be submitted to the service authority, indicating its service on the letter (§ 50f); where a document can be filed, the invitation referred to in Article 50c (2) shall also be attached in case the addressee or the person authorised under this law to accept the document (hereinafter referred to as "the addressee ') is not caught.
(3) A document which does not require proof of its service to the addressee may also be served by inserting an envelope with the document delivered to the addressee's home or other box used by him.
(4) Any person to whom the document is served or who accepts the document for the addressee is obliged to prove his identity at the request of the service authority.
(1) Where the addressee refuses to accept the document served, the document shall be deemed to have been served on the date on which the receipt of the document was refused; the addressee must be informed of this consequence. The same applies if the document is refused to be accepted by the person entitled to do so under this law as the addressee.
(2) Where the recipient refuses to prove his identity or to provide any other assistance necessary for the proper service of the document, the document shall be deemed to have been served on the date on which the cooperation was refused. The beneficiary must be informed of this consequence.
(3) The information referred to in paragraphs 1 and 2 shall be provided orally on service or in writing; a written instruction shall be given to the beneficiary. Where the written instruction referred to in paragraph 2 cannot be transmitted to the recipient, it may be left in the addressee's home or other box used by him or at any other appropriate place.
(1) If the service authority finds that the addressee has died or has moved or is not known at the place of service, it shall not apply the provisions of paragraphs 46 (3), 47 (3), 48 (3), 48 (3), 48 (3), 48 (3), 48 (3), 48 (3) and 48 (3) and the document shall be returned to the court which referred it to it for service.
(2) The provisions of paragraph 1 shall not apply where, under the order of the court, a document is to be served on a legal person served at the address of his registered office registered in a commercial or other public register or at the address where he actually resides, a lawyer served at the address of his registered office, a notary served at the address of his office, a judicial executor served at the address of his office, or a patent agent delivered at the address of his registered office or residence, registered at the Chamber of Patent Representatives, even if they have moved or are not known at the place of service.
(3) If the postal service operator finds that the service of the document at the point of service would be accompanied by disproportionate difficulties for him, it shall return it as an unserviceable court which forwarded it to him for service; the service of the document at that address through other service bodies is not affected by this.
(1) The document served by the service authority shall be deemed to have been deposited on the date on which it attempted to service the document to the addressee without a result, since, at the point of service or, if it has not been able to reach a natural person, or elsewhere, the consignee, or the date on which it has abandoned the attempt to service the document, has requested the addressee to deposit the document without prior attempt to service it (Sections 46 (3) and 47 (3)). However, if it has been delivered via a postal service operator, it shall be valid for the day of deposit of the document on which it is prepared at the place of deposit for the addressee to be picked up.
(2) Written notice is required
(a) at the district court in whose district the place of service is situated or at the court having its registered office at the place of service, where it is served by the judicial service provider, the judicial guards, the court executor or the police of the Czech Republic, or where it is served by the postal service operator and the place of service is not possible to leave a notice pursuant to Article 50c (2);
(b) in a court whose document is served if the document is imposed pursuant to Paragraph 45e (2);
(c) in the establishment of the postal service operator, where the document is served through the postal service operator and where the document is not deposited in the court referred to in (a).
(3) A document shall be deposited at the premises of the postal service operator, at the district court in whose district the place of service is situated, or at the court having its registered office at the place of service, for a period of 15 days from the date of deposit. Upon expiry of that period, it shall be deposited with the court which delivered it for service.
(1) Where a document has been deposited, an invitation shall be left at the place of service of the addressee to collect the document; This does not apply if it was not possible to leave a call at the place of delivery in the addressee's home or other box used by him or at any other appropriate place.
(2) The notice referred to in paragraph 1 shall specify who the addressee is and which court has transmitted the document served for service; If the replacement service of a document is not excluded, the latter must also contain an instruction on the consequences if the document is not collected (paragraph 4). The service authority shall indicate in the invitation who, where and on which date the document has been filed and when and at what time the recipient may collect the document.
(3) Only the recipient may collect the document deposited; Paragraph 49 (4) applies mutatis mutandis.
(4) If the document deposited is not collected within 3 days, or if the document to be served in its own hands is not collected within 10 days of the deposit, the last day of the period shall be deemed to be the day of service, even if the addressee has not known of the deposit; This does not apply if the replacement service of the document is excluded (Paragraph 50d (1)) or if the deposit of the document was ineffective.
(5) The document lodged in court pursuant to Paragraph 45e (2) shall be deemed to have been served on the date of the deposit.
(1) Replacement service is excluded in the case of the documents provided for in the law, as well as in the case of documents which are lawfully delivered to their own hands (§ 45b (1)), which were ordered by the President of the Chamber.
(2) Where a document has been deposited which excludes replacement service, it may be collected no later than 15 days after the deposit.
Delivery card
(1) Where the court delivers a document at the time of the hearing or at any other judicial action, it shall mention it in the record of the hearing or in the report which has been drawn up on another judicial act. The Protocol shall specify, in addition to the other elements (Paragraph 40), which documents have been served. The protocol shall also be signed by the person who carried out the service and the consignee.
(2) Where a document is served by the court in an act of which a record is not drawn up or by means of the service authority, the service of the document shall be indicated on the service (§ 50f).
(3) Where a document has been delivered via a public data network, the service is demonstrated by a data message to the addressee, bearing its guaranteed electronic signature, confirming receipt of the document.
Carrots
(1) The date of delivery shall bear the indication:
(a) the court which submitted the document for service,
(b) the documents served which have been entered in the envelope,
(c) the addressee and the address on which the envelope with the document is to be served;
(d) the service authority.
(2) Where the document has been served on the consignee, the service shall include, in addition to the particulars referred to in paragraph 1:
(a) a statement by the service authority of the date on which the envelope with the document was delivered to the consignee, or, where appropriate, the hour and minute of service, if it is to be indicated at the request of the court which sent the document for service, the time of service of the document,
(b) the name and surname of the bearer and his signature, confirming that he has submitted the envelope with the document to the consignee,
(c) the name and surname of the consignee, an indication of his or her relationship with the addressee, if he / she has accepted the document as the addressee, and his / her signature by which he / she has confirmed receipt of the envelope with the document.
(3) If the document has been lodged, the service shall contain, in addition to the particulars referred to in paragraph 1:
(a) a statement by the service authority of the date on which the envelope with the document was lodged;
(b) the name and surname of the bearer and his signature by which he confirmed the deposit of the document;
(c) an indication of whether the addressee has been invited to pick up the document or why it did not.
(4) Where the consignee has obtained the document, the service shall include, in addition to the particulars referred to in paragraph 3, the following:
(a) a statement by the service authority of the date on which the envelope with the document was collected, or, where appropriate, the hour and minute of service, if it is to be indicated at the request of the court which sent the document for service, the time of service of the document,
(b) the name and surname of the bearer and his signature, confirming that he has delivered the envelope with the document to the consignee,
(c) the name and surname of the consignee, an indication of his relationship with the addressee, if he has accepted the document as the addressee, and his signature, by which he has confirmed the receipt of the envelopes with the document.
(5) If the recipient refuses to accept the document (Paragraph 50 (1)), the service shall contain, in addition to the particulars referred to in paragraph 1, the following:
(a) a statement by the service authority of the date on which the receipt of the envelope with the document was refused, or, where appropriate, the hour and minute of such refusal, if it is to be indicated in accordance with the request of the court which sent the document for service, the date of service of the document;
(b) the name and surname of the bearer and his signature, confirming that he refused to accept the envelope containing the document of the consignee,
(c) the name and surname of the consignee who refused receipt of the envelope with the document,
(d) an indication of whether an instruction has been given as to the consequences of the refusal to accept the document and whether, where appropriate, the grounds for refusal to accept the document.
(6) If the recipient has not provided the assistance necessary for the proper service of the document (Paragraph 50 (2)), the service shall include, in addition to the particulars referred to in paragraph 1, the following:
(a) a statement by the service authority of the date on which the assistance necessary for the proper service of the document was not granted, and, where appropriate, the hour and minute of the failure to provide the service, if it is to be indicated at the request of the court which sent the document for service, at the time of service of the document;
(b) the name and surname of the bearer and his signature, confirming that the consignee did not provide the assistance necessary for the proper service of the document,
(c) the name and surname of the consignee who has not provided the assistance necessary for the proper service of the document, if this information is known to the bearer;
(d) an indication of what the failure to cooperate was and whether the consequences of failure to cooperate had been taught, or why such an instruction had not been provided.
(7) If the consignee cannot confirm the receipt of the envelope with the document by his signature, the receipt of the envelope with the document shall also be confirmed by another appropriate natural person, in addition to the carrier, by his signature.
(8) Where a document has been filed without any prior attempt to service it, the service must contain a declaration by the service authority that the attempt to service was not made at the request of the addressee (§ 46 (3), § 47 (3)).
(9) If the opposite is not demonstrated, the information given on the delivery note shall be deemed to be true.
If the addressee declares, in written submissions or orally, that a document has been served on him and on which date, or an hour and a minute, the addressee has been served on that date, or an hour and a minute, unless it is established in accordance with § 50e or § 50f.
58a) Paragraph 76 (1) of Act No. 120 / 2001 Coll., on judicial executors and enforcement activities (Enforcement Regulations) and on amending other laws.
58b) § 4 paragraphs 1 and 3 of Act No. 29 / 2000 Coll., on Postal Services and on the amendment of certain laws (Act on Postal Services).
58c) Act No. 133 / 2000 Coll., on the registration of residents and birth numbers and on the amendment of certain laws (Act on the registration of residents), as amended. § 77 and subsequent Act No. 325 / 1999 Coll., on Asylum and Amendment to Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended, (Act on Asylum), as amended.
59) § 19c of the Civil Code.
60) § 13 of Act No. 85 / 1996 Coll., on the Advocate's Office.
61) Paragraph 13 (1) of Act No. 358 / 1992 Coll., as amended by Act No. 30 / 2000 Coll.
61a) § 13 (1) of Act No. 120 / 2001 Coll.
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Regulation Information
| Citation | Act No. 555 / 2004 Coll., amending Act No. 99 / 1963 Coll., Civil Code, as amended, Act No. 150 / 2002 Coll., Administrative Code, as amended, Act No. 549 / 1991 Coll., on Judicial Charges, as amended, and Act No. 85 / 1996 Coll., on Advocacy, 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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