Measure 57 / 1955 Coll.
Legal measure regulating the accelerated recovery of claims for the personal needs of minors
Valid
Effective from 01.01.1956
57.
Legal measures of the Bureau of the National Assembly
of 22 November 1955
regulating the accelerated recovery of claims for the personal needs of minors.
The Bureau of the National Assembly of the Czechoslovak Republic has decided on the following legal measure under Article 66 of the Constitution:
Purpose.
Childprotection care requires that a smooth payment of children's personal needs should be made better than so far in cases where the maintenance obligation must be enforced by State intervention. Therefore, the procedure for the recovery of the personal needs of minors, as laid down in the rules on civil proceedings, is simplified and accelerated.
Salary seizure.
(1) If the employer's debtor changes after his salary has been authorised to be confiscated for claims for the personal needs of minor children, the prohibition on authorising the execution of the debtor's employer (sub-debtor) to pay the debtor, as well as the prohibition on the debtor's payment in any way of handling the confiscated salary, shall apply to the debtor's salary for each additional employer (sub-debtor).
(2) The debtor's salary shall be confiscated for each other subdebtor on the date on which the debtor's notice of the authorisation of a salary execution against the debtor was delivered to the debtor by the court; on that date, the enforcement creditor shall also acquire a lien on the debtor's salary. The court shall draw attention to this at the same time as the notification of the debtor is received; In addition, it shall send him the accounts of the deductions made by the existing sub-debtor and inform him of the enforcement measures taken.
Obligations of the sub-debtor.
(1) The sub-debtor shall notify the court within three days of the end of the debtor's employment with him and who is the new employer of the debtor, if he is aware of this fact; with this notification it is obliged to send the court a double settlement of the deductions made with the debtor's salary to cover the debt recovered. Those obligations shall be brought to the attention of the court of the debtor in the order authorising execution and of any other subdebtor in the notification provided for in Article 2 (2).
(2) The deadline for the submission of the sub-debtor established pursuant to Paragraph 542a (1) (a) (ii) shall be reduced to 15 days.
Obligations of the debtor.
(1) The debtor is obliged to notify the court within three days without prejudice to the obligations set out in § 542 o. s.
(a) the date on which his employment ended with the sub-debtor;
(b) the name and address of the new employer.
(2) On taking up work with a new employer, the debtor shall be obliged to make a declaration in accordance with Paragraph 5 (1).
Employer's obligations.
(1) The employer is obliged to request a statement from the staff member on taking up his duties as to whether he is not subject to a salary execution for a claim to cover the personal needs of minors, after which court and for which claim of this kind the execution is conducted.
(2) If the employer finds that a staff member is subject to an execution of this kind, he shall immediately notify the court which authorized the execution that the staff member has taken up work with him.
General provision.
What is provided for both employers and employees shall apply mutatis mutandis where the salary is provided on the basis of the Member States' relations, on the basis of social security or on the basis of the remuneration paid not on the basis of the employment rate.
Transitional provision.
In the case of salary recovery for claims for the personal needs of minors, where they have been initiated before the application of this legal measure, debtors and sub-debtors shall comply with the obligations imposed by this legal measure within 15 days of the date of application of this provision.
This legal measure shall take effect on 1 January 1956; All members of the government will do it.
Zaporocký v. r.
Fierlinger v. r.
Broad v. r.
Dr Dolansky v. r.
Maj-Gen Dr. Cap v. r.
Kopecký v. r.
Ing. Jankovcová v. r.
Polack v. r.
Dr Skoda v. r.
Bark v. r.
Ing. Shimonek v. r.
Dr Kylý v. r.
Plojhar v. r.
Dr. Nove v. r.
Bakuľa v. r.
David v. r.
Děuriš v. r.
Krajčir v. r.
Kromir
Krutina v. r.
Machachová v. r.
Dr. Unedible v. r.
Stoll v. r.
Tesla v. r.
Uher v. r.
Lamb
Jonah v. r.
Reitmajer v. r.
Smida v. r.
Dr Bartuška v. r.
Bukal v. r.
Dvořák v. r.
Dr Kahuda v. r.
Malek v. r.
Maurer v. r.
Dr Neuman v. r.
Ouzký v. r.
Pospíšil v. r.
Ing. Púčik v. r.
Dr. Vlasák v. r.
He beat the shit out of me.
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Regulation Information
| Citation | Measure 57 / 1955 Coll., on the accelerated recovery of claims for the personal needs of minors |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.12.1955 |
|---|---|
| Effective from | 01.01.1956 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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