Decree of the Ministry of Justice of the Czech Republic No. 584 / 1992 Coll.

Q: Is Decree of the Ministry of Justice of the Czech Republic No. 584 / 1992 Coll. still valid?

Yes, Decree of the Ministry of Justice of the Czech Republic No. 584 / 1992 Coll. is still valid and effective.

584

DECLARATION

Ministry of Justice of the Czech Republic

of 30 November 1992

amending and supplementing Decree No. 37 / 1992 of the Ministry of Justice of the Czech Republic Coll., on Rules of Procedure for Regional and Regional Courts

The Ministry of Justice of the Czech Republic pursuant to § 374 (1) of Act No. 99 / 1963 Coll., Civil Code, as amended (full version No. 501 / 1992 Coll.) and § 391 and § 391a (2) of Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended (complete version No. 158 / 1992 Coll.), provides:

Čl. I

Decree of the Ministry of Justice of the Czech Republic No. 37 / 1992 Coll., on Rules of Procedure for District and Regional Courts, is amended as follows:

1. In Paragraph 3 (4), the words "Federal Ministry of Foreign Affairs' are replaced by the words" Ministry of Foreign Relations of the Czech Republic '.

2. Article 3 (5) is deleted.

3. Note 1) is deleted.

4. In Section 4, the words "judicial (notarial) waiters' are replaced by the words" judicial) waiters'.

5. in Article 6 (2), the following points (i) to (k) are inserted:

"(i) actions and decisions in the proceedings concerning the succession, not as regards the provisions of the inheritance administrator or part thereof pursuant to Article 175e (4) (b), the procedure under Article 175k (c), the withdrawal of a case under Article 175zb (c), the recovery of a case under Article 175zd (c), the inheritance of which the general price exceeds 5 million CZK, the inheritance which is situated abroad or the inheritance of the deceased who lived abroad,

(j) action and decision-making in the storage procedure;

(k) acts and decisions in the instrument-cleaning procedure. ';

6. Paragraph 6 (6) and (7) read:

"(6) The President of the Court may entrust judicial candidates and court secretaries to carry out independent acts in the other activities of the Court pursuant to § 352 CS.

(7) The President of the Chamber (self-judge), to whom the case has been ordered under the schedule of work, shall ensure that the actions carried out by the staff member responsible in accordance with paragraphs 1 to 3 and 6 are carried out correctly and in good time. "

7. In Article 12 (1), "means of hedging 'is replaced by" means of enforcement'; "Correctional Education Corps' is replaced by" Prison Services';

8. In Paragraph 12 (2), the words "means' are replaced by the words" means' and the words "means' are replaced by the words" means'.

9. The first sentence of Paragraph 21 (5) reads: "The Protocol is to be entered in the Czech language." In the second sentence, the words "who does not speak in the Czech language" shall be inserted after the words "the text of the statement."

10. In Article 21 (6), the words "the Supreme Court or 'shall be added after the words" and the President of the Chamber'.

11. in Paragraph 29 (3), "population income" is replaced by "natural persons';

12. Note 4:

"4) Act No. 286 / 1992 Coll., on Income Taxes, as amended."

13. Note 6:

"6) Act No. 119 / 1992 Coll., on Travel Refunds. '.

14. Paragraph 58 (2) reads as follows:

"(2) If the written matters are appropriate, they shall be deposited, if necessary, in court. ';

15. in Paragraph 58, paragraphs 3 and 4 are deleted; the current paragraph 5 becomes paragraph 3.

16. After Paragraph 73, the following Sections 74 to 116 are inserted:

„ČÁST DEVÁTÁ

Heritage proceedings

§ 74

(1) Following the initiation of the succession proceedings, the court shall immediately carry out an investigation into the registration of wills,

(a) whether the testament of the deceased, the instrument of succession or the withdrawal of such acts (hereinafter referred to as "the testament") is registered in it and with which notary is deposited, 13)

(b) whether the will is registered in it, written by the notarial notarial record of the state notaries and in which court it is lodged. 14)

(2) The court shall record the outcome of the investigation referred to in paragraph 1.

(3) If a will is deposited in a court by a notarial record of state notaries, the court shall determine the state and content of the will. It shall draw up a report accompanied by a certified copy of the will or a certified copy thereof. A certified copy of the notarial registration shall be filed in a collection of declared wills. Where a will is lodged with another court, it shall request the court with which the will is lodged to determine the condition and content of the will. The requested court shall establish a certified copy of the notarial record in its collection of declared wills.

§ 75

(1) After carrying out the acts provided for in Article 74, the court shall order the notary to carry out, as a judicial commissioner, the succession proceedings (hereinafter referred to as "the judicial commissioner ') and to forward the file to him.

(2) If a will is deposited with the judicial commissioner, the court commissioner shall determine the state and content of the will. It shall draw up a report accompanied by a certified copy of the will or a certified copy thereof.

(3) If the will is deposited with another notary, the judicial commissioner shall request that the condition and content of the notary's will be established.

(4) The original of the will or a certified copy of the notarial record of the will shall be sent by the judicial commissioner or notary referred to in paragraph 3, after having established the state and content of the will of the court which shall deposit it in the collection of the wills declared.

§ 76

(1) If the succession proceedings reveal that the deceased has left a will and this is not a case under § 74 (3) or § 75 (2) and (3), the judicial commissioner shall establish its state and content in accordance with the procedure set out in § 75 (2) and (4). It shall also indicate in the Protocol who submitted the will or under what circumstances it was found.

(2) If, during the course of the succession proceedings, the judicial commissioner becomes aware that the deceased is likely to have left a will, he shall conduct an investigation to track down the location of his deposit or the person in possession. The holder of the will shall be invited to surrender the will without delay.

§ 77

(1) If it has been established during the procedure that the deceased has left several wills which are not the same, the state and content of all shall be established; If they are identical, only one protocol shall be drawn up on the condition and content of the will, indicating the number of copies thereof.

(2) The Commissioner of Justice shall establish the state and content of the documents, the nature of which he has doubts as to the will, if he who has submitted it declares that the will of the deceased is contained in the instrument.

§ 78

(1) Once the condition and content of the will have been established, participants may consult the original will.

(2) The original of the will, which has not been established by notarial registration at the notary's office, may be lent by the court, having established its state and content, to the court which is conducting the proceedings for the succession proceedings, to the court which is conducting the proceedings for the contested facts concerning the will, the court or the prosecutor for the purposes of criminal proceedings or to the judicial commissioner. In such a case, a certified copy or a certified copy of the will shall be lodged in the collection of declared wills. The verification clause shall indicate to whom, to what file mark, when and under which file mark the original will was lent.

§ 79

If the will of the deceased comes to light only after the end of the succession proceedings, the court shall establish its status and content and inform the persons who it considers may exercise their right to issue the inheritance. However, with regard to the instrument of appeal of the will, the instrument of succession and the instrument of appeal of the succession, the court shall inform the persons to whom the inheritance would have been due should the existence of these documents be disclosed in the proceedings for succession.

§ 80

(1) Within the framework of an urgent measure, the judicial commissioner may invite the person who is likely to carry the items of the deceased, the key to the deceased's apartment, other rooms or premises or a certificate of technical licence of the motor vehicle or other instrument enabling the use of the article of the inheritance to be deposited with the judicial commissioner in the custody of the latter.

(2) Where an urgent measure affects the important interests of the participants or concerns third parties, or where the request referred to in paragraph 1 has been unsuccessful, the court shall decide on the urgent measure by order which it shall deliver to all concerned.

§ 81

Urgent measures by securing a motor vehicle and other items which can only be used on the basis of an official certificate shall be carried out by storing the relevant official documents and, where appropriate, the keys in custody with the judicial commissioner. This shall be done only if the article can be left in the place where it is permitted and which is appropriate due to the nature of the article; otherwise, the judicial commissioner shall place the subject at the appropriate steward.

§ 82

(1) Urgent measures to seal the apartment or other premises of the deceased shall be carried out by the judicial commissioner in order to determine whether unauthorised intrusion into those premises has occurred.

(2) The sealing of the apartment or other premises may not be carried out if the deceased has not been the sole user of the premises or if other serious circumstances prevent it. The obstacle to sealing shall be indicated in the transaction report.

(3) The judicial commissioner shall draw up a report on the implementation of the urgent measure referred to in paragraph 1 and inform the owner of the premises as appropriate.

§ 83

(1) Urgent action by an on-the-spot inventory shall be carried out by the judicial commissioner in the presence of the participants. If the participants are not present or are not known, this action may only be carried out if the non-participating person is present as a witness.

(2) A report shall be drawn up on the inventory in which the items which are in the deceased's apartment or elsewhere are to be written. More valuable things are described precisely to rule out the possibility of their confusion. If one of the participants claims that a particular item which is in the deceased's apartment or in another location is not included in the inventory, the item shall be entered in the record, but with a reference to who and what claims they make on the matter. The inventory does not include the things needed to bury the deceased and the things worthless.

(3) Where the inventory is carried out on premises previously sealed, it shall be indicated in the record in which the seals have been found and whether signs of unauthorised intrusion have been found. The end of the protocol shall indicate whether the inputs have been re-sealed after the operation.

(4) If there is evidence of forced or other unauthorised entry into the premises referred to in paragraph 3, the inventory shall not be carried out and the judicial commissioner shall immediately notify the authority of the Czech Police Department.

(5) Where an object is in a state which would endanger the persons involved in an act on life, health or property, the inventory shall be postponed and the judicial commissioner shall immediately notify the competent authorities, legal persons or natural persons thereof, requiring measures to eliminate the said threat to persons entering the establishment.

§ 84

When implementing urgent measures under § 79 to 83, a local authority may be requested to cooperate in justified cases.

§ 85

(1) In the event of a prohibition on payment of deposits in a deposit book, normal or other account, the court commissioner shall inform the bank where the account is held that the account may not be handled without the consent of the court. The information needed to identify the account shall be provided in this communication.

(2) Similarly, a prohibition on the payment of the deceased's claim to other legal or natural persons is to be implemented.

§ 86

Urgent action by conferring personal need on the spouse of the deceased or another member of the household shall be carried out by the judicial commissioner only if the person to be entrusted so agrees. Such an act shall be subject to a protocol containing a description of the cases entrusted and a statement of responsibility for the matters entrusted and of the obligation to issue the cases after the proceedings to their heirs.

§ 87

Mliable things that cannot be saved without risk of damage or disproportionate costs, the judicial commissioner will try to sell at a price that can be achieved without delay.

§ 88

In particular, if it belongs to the inheritance of the property, the judicial commissioner shall request from the relevant cadastral office an extract from the cadastral of the property concerning the rights in rem in respect of those properties. According to the nature of the case, the cadastral office will also require the identification of parcels.

§ 89

(1) When determining the balance of the deposit in the deposit book, the current or other account, the organisational component of the bank where the account is held, must be specified and indicated:

(a) in the case of holding books in the name, common or other accounts, the name, surname, date of birth and the address of the depositor and, where appropriate, other relevant information;

(b) the name and number of the holding account for the bearer holding books; if necessary to establish the actual situation of the case, further information needed.

(2) The same procedure is followed for the determination of deposit balances for other forms of savings.

(3) If, in the case of bearer holding books, in addition to the relevant cash institution's organisational component, the information needed to identify the deposit referred to in paragraph 1 (b) is not known. (b) or one of them, the information which could contribute to the identification of the deposit shall be entered in the query. Such data are, for example, data on the date of establishment of the deposit book, data on the amount of the deposit at a given date, data on the selection of the deposit at a given date or data on the vinculation of the deposit.

§ 90

The condition of debts burdensome by inheritance shall be established by asking known creditors. This applies in particular to debts secured by a mortgage or a restriction on the transfer of the property. If the court issues an order under § 175n o. s. s., other debts which creditors have entered within the prescribed period shall be included in the list of assets and liabilities.

§ 91

In a succession procedure in which the judicial commissioner has not yet been entrusted with the execution of the acts or in which the judicial commissioner no longer carries out those acts (hereinafter referred to as "the period of legal proceedings'), the proceedings provided for in paragraphs 76, 77 and 82 to 90 shall be carried out by the court. At that time, the Court of First Instance also acts in accordance with paragraphs 80 and 81, but may order that the urgent measures provided for therein be carried out by depositing them in the court.

§ 92

The judicial commissioner may ask the heirs to deposit an advance on the notary's remuneration for the actions carried out by the judicial commissioner and his completed expenses.

§ 93

(1) The Court of Justice shall submit to the Court motions for judicial orders with the necessary number of copies.

(2) The Court's motion for a resolution terminating the proceedings will be accompanied by proposals for implementing orders and other measures to be taken after the legal power of that resolution.

§ 94

(1) In the order of the court given in the succession proceedings relating to rights in rem in real estate, the court shall, in a clause placed after the notice of appeal, give the relevant information to indicate the change under that order in the property register. These details are the name, surname, birth number and residence of natural persons, and the name, registered office and identification number of the legal persons to whom the change of rights and obligations relates, as well as the designation of the title of the property on which the property is registered. If, on the basis of the outcome of the proceedings, a new ownership sheet is to be established, the property in the clause should be identified with all the data kept in the property register.

(2) The relevant resolution referred to in paragraph 1 shall be delivered to the competent cadastral office for registration. 15) This Office shall also be served with a court order correcting or supplementing the original order concerning property rights in rem.

(3) If, as a result of a request for annulment of a court order relating to rights in rem in real estate, the court shall send the final judgment of the competent court to the cadastral office for the execution of the registration, 15), which shall restore the status of the cadastral to that of the court before the resolution is annulled.

§ 95

(1) After the legal power of the order which ended the proceedings for the succession, the court shall abolish the prohibition on the payment of claims or the issue of cases belonging to the succession, if not already in the course of the proceedings. It will do so by communicating to those concerned. It shall proceed in the same way if, in the course of the proceedings, it is found that those claims or cases are not the subject of an inheritance.

(2) If the protection of the inheritance, which affects both participants and third parties, is to be lifted, the court shall issue a resolution to that effect, which shall deliver to all concerned. The resolution shall indicate the date on which the security shall be cancelled, so that a period of at least one month shall elapse between the expected service of the order and the date of expiry of the urgent measure.

§ 96

If a deposit in a book in the name or in a normal or other account belonged to the inheritance, the court shall inform the bank to whom the deposit was made. If there is a deposit on the bearer holding book from which the payment is linked by a password which is not known to the participants, the court shall inform the relevant branch of the bank to whom the deposit is to be paid on submission or in the event of redemption of the holding book.

§ 97

(1) The procedure for issuing the procedures relating to the succession procedure shall be followed in accordance with the provisions of Part 11 of this Order.

(2) Where a court or a judicial commissioner has custody of a case, deposit book or instrument, the court shall issue it to the eligible participant. If there are a number of such participants, the court shall give the case to the person to take over under their agreement.

§ 98

(16) The court shall, at the request of the competent authorities, legal or natural persons, communicate the names and addresses of those concerned where such information is contained in the file on the succession proceedings where the rights to other persons are transferred as a result of the death of the deceased other than by inheritance.

ČÁST DESÁTÁ

Activities of notaries in succession proceedings

§ 99

(1) The schedule provided for in Article 175za (o.s) (hereinafter referred to as the schedule) is divided into sections according to the number of district courts in the district of the county court.

(2) Each section of the schedule drawn up for the competent district court shall contain in particular:

(a) a list of notarial offices of notaries acting as judicial commissioners in the District Court;

(b) the way in which the various judicial commissioners are entrusted equally with their actions in the succession proceedings;

(c) an indication of the notarial office of the notary, which will be entrusted with acts in the proceedings for inheritance in cases where the judicial commissioner will be excluded pursuant to Paragraph 17 (2) of the o.s.

(d) the name of the notary office of the notary's partner, if the judicial commissioner carries out the activities of the notary as a companion.

§ 100

The procedure for the uniform delegation of judicial Commissioners to act in the proceedings for succession may be based on:

(a) on a circumference system which divides the circumference of the district court into a number of districts identical to the number of notarial offices in the circumference of the district court, depending on the place of residence of the deceased or any other aspect referred to in § 88 (1) (l) o.s.; or

(b) a time-frame under which the judicial commissioners shall be entrusted with the succession proceedings, depending on the period of birth or death of the deceased within a calendar year; or

(c) to combine both systems.

§ 101

(1) No later than 31 October of each calendar year, the notarial chamber established in the District of the Regional Court shall submit a draft schedule to the President of the Regional Court for the next calendar year.

(2) The President of the Regional Court shall issue a schedule no later than 10 December of each calendar year. The schedule shall be sent to all the Presidents of the District Courts and the relevant notarial chamber.

§ 102

(1) If, during the calendar year, the Minister of Justice of the Czech Republic sets up or abolishes a notarial office in the district of a district court, the competent notarial chamber shall, no later than 15 days after this decision, submit to the President of the Regional Court a proposal for a change of schedule in the part of the regional court in which the number of notarial offices has been changed.

(2) The President of the Regional Court shall take a decision to amend the schedule no later than 20 days after the submission of the application. It shall send the decision to the competent President of the District Court and to the relevant notarial chamber.

§ 103

(1) The Commissioner of the Court may entrust in writing to the notarial associate who is in his capacity and to another staff member who is in his capacity and who has passed the qualification test, 17) to carry out, in particular, preliminary examination and examination of the condition and content of the probate, preparatory and partial actions in the proceedings.

(2) The judicial commissioner may entrust in writing a notarial associate who has been in his service and has carried out notarial praxi18) more than one year, another worker who is in his service, has passed a qualification examination17) and has been employed by a notary or a notarial notary for at least five years, and a notarial candidate who is in his service, to carry out independent inheritance proceedings, if he does not follow the procedure laid down in Article 175k (1), to withdraw the case under Article 175zb (1) or to refer back the case under Article 175zd (1).

(3) The judicial commissioner shall be responsible for the actions carried out under his mandate under paragraphs 1 and 2; if the proposals are made under Paragraph 93, the judicial commissioner shall sign them.

§ 104

(1) Judicial Commissioners, notarial associates, notarial candidates and other staff of the notary are required to remain silent about all the facts which they have learned in connection with the implementation of the succession proceedings. The obligation of confidentiality shall continue after the notary's removal or after the employment of his staff has ceased.

(2) The persons referred to in paragraph 1 may be acquitted by the President of the Court of Justice of the obligation of confidentiality.

ČÁST JEDENÁCTÁ

Other activities of the Court

Oddíl první

Safeguard in court

§ 105

(1) The Court of First Instance, in the context of another activity of the Courtofthe Court (19), takes custody of:

(a) money by taking over the proof of their composition with the money institution; If there is a safekeeping in connection with the succession proceedings at the time of the trial, the money may be accepted into custody by the court and placed in a metal cabinet,

(b) holding books, other securities, valuables and other movable goods by putting them first in the metal case of the court, if the size of the items so permits;

(c) other movable goods which are not suitable for storage in a metal cabinet by storing them with a suitable steward.

(2) Documents the content of which is manifestly contrary to the law, perishable goods and goods which cannot be stored in the metal cabinet of the court or the monetary institution because of their nature or size and cannot be found for them by the custodian may not be accepted into custody.

§ 106

(1) Cases and money placed in the metal case of a court must be handed over to the money institution at the latest on the following working day.

(2) The procedure referred to in paragraph 1 may be waived if, for the safekeeping of the holding books, balances which do not exceed in one case in the sum of 2000 CKS, other securities denominated in one case at a value not exceeding in the sum of 2000 CKS, small movable items of small price and monetary amount not exceeding in one case in the value of 1000 Ccs. The amount of cash deposited in the metal cabinet of the court shall not exceed 10 000 Kns.

§ 107

(1) Matters and metal case money shall be lodged with the Money Institute on the basis of a voucher of the court bearing a round official stamp and signed by the Judge.

(2) The court will issue a note to the person who deposits the money to the money institution.

§ 108

The vouchers ordering the issue of movable property or the payment of money deposited with the Money Institute shall be signed by the Judge handling the case and by the President of the Court, who shall print on the voucher an eight-edged stamp on the "Execution 'clause. The Court of First Instance shall at the same time invite the Institute of Finance to account for the cost of the deposit.

§ 109

(1) Matters which do not fit for safekeeping in the metal cabinet of the court or for safekeeping with the money institution shall be deposited with the custodian. The Court of First Instance shall seek a suitable custodian, in particular between the legal and natural persons concerned with the custody.

(2) At the end of the safekeeping, the court shall order the safekeeper to issue the safekeeping to the designated consignee; At the same time, the custodian shall be invited to account for the cost of the storage.

Oddíl druhý

Safeguards with the judicial commissioner

§ 110

(1) The Commissioner of the Court of Justice shall, in his custody, accept in respect of the implementation of the succession proceedings:

(a) money by storing it in its metal cabinet;

(b) holding books, other securities, valuables and other movable goods by storing them in its metal cabinet, if the size of the items so permits;

(c) other movable goods which are not suitable for storage in a metal cabinet by storing them with a suitable steward.

(2) Paragraphs 105 (2) and 106 shall apply mutatis mutandis.

§ 111

(1) The movable items and the metal case of the judicial commissioner shall be deposited with the money institution on the basis of a voucher from the judicial commissioner bearing the official stamp of the notary and signed by the judicial commissioner. At the same time, the judicial commissioner will point out to the Institute that the order to issue these cases or to pay the money will be issued by the court.

(2) In the case of movable property or the payment of money by the judicial commissioner to the money institution, the court shall, mutatis mutandis, act in accordance with Paragraph 108.

(3) The case and the money deposited in the metal cabinet of the Commissioner of the Court shall be issued by the Commissioner of Justice himself; However, at the time of the judicial decision or at the end of the proceedings it shall issue them only on the basis of a voucher issued by a court bearing a round official stamp and signed by a Judge.

§ 112

(1) Matters which are not suitable for storage in the metal cabinet of the judicial commissioner or for storage with the money institution will be deposited by the judicial commissioner with the custodian. The Commissioner of Justice shall seek a suitable steward, in particular between the legal and natural persons concerned with the custody.

(2) At the time of the judicial decision or at the end of the proceedings, the court shall order the custodian to issue the subject of the custody lodged by the judicial commissioner to a specific beneficiary; At the same time, the custodian shall be invited to account for the cost of the storage.

ČÁST DVANÁCTÁ

Safeguard proceedings

§ 113

(1) The Court of First Instance shall decide on admission to custody only if the subject of the custody has already been lodged in the custody of the court.

(2) The provisions of paragraphs 105 to 109 apply mutatis mutandis in the proceedings on harbours.

§ 114

Where the applicant for an expropriation procedure makes a refund in court, the court shall, in the course of the proceedings on hiding, decide on the satisfaction of the former owner's claims and those to whom rights on the expropriated land or construction of the expropriated land or construction are bound by the expropriation; 20) the procedure according to § 337 et seq. The order of the court to satisfy claims replaces the order of the court pursuant to § 185e o.s.; on its basis the court will issue the subject of the custody. 21)

ČÁST TŘINÁCTÁ

Recovery procedure

§ 115

The nature of the instrument excludes documents of evidence, such as debits, documents which can be replaced by copies, and documents available as contracts or wills.

§ 116

(1) Where two or more courts may be competent locally for the enforcement proceedings, the court to which the application for the enforcement of the instrument has been lodged shall ask the other courts to take account of the coming courts whether the proceedings for the enforcement of the instrument are pending in this case.

(2) The order provided for in Article 185m (2) and (3) o.s. shall be delivered to the appellant with the warning of the possibility of a procedure under Article 185r (2) o.s. The order shall also be served on a person in accordance with the authentic instrument and on other persons known by the court to have a relationship with the matter or to be able to clarify the matter. '

17. The heading above § 74, which is referred to as § 117, reads:

Citation	Decree of the Ministry of Justice of the Czech Republic No. 584 / 1992 Coll., amending and supplementing Decree of the Ministry of Justice of the Czech Republic No. 37 / 1992 Coll., on Rules of Procedure for Regional and Regional Courts
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	15.12.1992
Effective from	01.01.1993
Effective until	-
Status	Valid

Decree of the Ministry of Justice of the Czech Republic amending and supplementing Decree of the Ministry of Justice of the Czech Republic No. 37 / 1992 Coll., on Rules of Procedure for Regional and Regional Courts

Contents