Act No. 59 / 2005 Coll.
Act amending Act No. 99 / 1963 Coll., Civil Code, as amended, and some other laws
Valid
Effective from 01.04.2005
59
THE LAW
of 5 January 2005
amending Act No. 99 / 1963 Coll., the Civil Code, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Civil Code
Act No. 2001 / 2001, Act No. 100 / 2001, Act No. 100 / 2001, Act No. 100 / 2001, Act No. 100 / 2001, Act No. 100 / 2001, Act No. 100 / 2001, Act No. 100 / 2001, Act No. 100 / 2001, Act No. 100 / 2001, Act No. 99 / 2001, Act No. 2000, Act No. 99 / 2001, Act No. 2000, Act No. 99 / 2001, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 99.
1. in Article 16b, the text "§ 221 (1) (b)" is replaced by "§ 219a (1) (a)."
2. In Paragraph 38b, the second sentence is deleted.
3. In the first sentence of Paragraph 40 (1), the words "or announces a decision 'shall be inserted after the words" taking evidence'.
4. In Paragraph 41a, the following paragraph 3 is inserted after paragraph 2:
"(3) No account shall be taken of the action of a tenderer who is not admissible for proceedings."
Paragraph 3 shall become paragraph 4.
5. In Paragraph 74 (2), the words "the applicant a 'shall be inserted after the words" are'.
6.
(1) The President of the Chamber may order interim measures under Paragraph 76a only on a proposal from a municipality with extended scope. Other interim measures shall be ordered by the President of the Chamber on a proposal; there is no need for an interim measure for proceedings which may be initiated by the court of its own motion.
(2) The application for an interim measure pursuant to Article 76 must include, in addition to the general requirements (Article 42 (4)), the name, surname and residence of the participants (the company or the name and registered office of the legal person, the designation of the State and the relevant organisational body of the State which is present before the court) and, where appropriate, their representatives, the indication of the fact that the circumstances of the parties must be adjusted or that there is a concern that the enforcement of the judgment would be jeopardised, the facts justifying the provisional measure and must be made clear of the measure which the appellant is sought; in matters arising from commercial relations, the application shall also contain the identification number of the legal person, the identification number of the natural person who is the entrepreneur and, where appropriate, any other information needed to identify the parties to the proceedings.
(3) The application for interim measures provided for in Article 76a must contain, in addition to the general requirements (Article 42 (4)), the name of the minor child, the name, profession and residence of the other participants, if known to the applicant, an indication of the relevant facts justifying the order for interim measures, the designation of the person to whom the child is to be given custody, and it must be noted that the order for interim measures is in accordance with Article 76a.
(4) The appellant is obliged to attach to the draft documents to which he refers. "
7. The following Sections 75b and 75c are inserted after Section 75a:
(1) In order to ensure compensation for damage or other damage which would result from a preliminary measure, the applicant is required to lodge a security of CZK 50 000 and CZK 100 000 in commercial matters at the latest on the same day that he lodged a preliminary measure order before the court. Where several applicants have submitted an application for interim measures, the security shall be lodged jointly and severally.
(2) If the security referred to in paragraph 1 is not lodged, the President of the Chamber shall reject the application for interim measures.
(3) Paragraphs 1 and 2 shall not apply,
(a) if there are interim measures pursuant to Article 76a;
(b) if there is an interim measure for proceedings which may be initiated by the court of its own motion;
(c) where there are interim measures relating to maintenance;
(d) where there are interim measures relating to employment;
(e) for interim measures relating to compensation for damage to health;
(f) if the appellant, together with the application for interim measures, certifies that the conditions for exemption from judicial fees are met (§ 138);
(g) where there is a danger of delay which could cause injury to the applicant and the applicant, together with the proposal for a provisional measure, certifies that the security could not be lodged without his guilt.
(4) If the application for interim measures has been rejected by a final order of the Court of First Instance, if the application has been definitively rejected or the procedure for the application has been terminated, the court shall return the security lodged. In the event that the court ordered the interim measure, the security shall be repaid if the time limit for the action pursuant to Paragraph 77a (2) has expired in vain or if the court's decision to bring an action under Paragraph 77a (2) has become final and it follows from that decision that the security will not be used to satisfy the right to compensation or other damage.
(1) If the President has not acted pursuant to Paragraph 75a (1) or Article 75b (2), the President of the Chamber shall order interim measures by order,
(a) where it is demonstrated that the circumstances of the participants need to be corrected or that there is a concern that the enforcement of the judgment would be jeopardised and that at least the facts relevant to the imposition of the obligation by the interim measures are proven; or
(b) if the conditions set out in Section 76a are fulfilled.
(2) The President of the Chamber shall decide without delay on the application for interim measures. If there is no danger of delay, the President of the Chamber may decide on the application for interim measures pursuant to Rule 76a until 24 hours after it has been submitted and on the application for other interim measures until 7 days after it has been submitted.
(3) The President of the Chamber shall decide on the application for interim measures without hearing the parties. The same shall apply if the President of the Chamber decides to order interim measures for proceedings which may be initiated by a court of his own motion.
(4) The condition at the time of publication of the order of the Court of First Instance is decisive for the interim measure. '
8. The following Sections 76b to 76f are inserted after Section 76a:
(1) If the circumstances of the case so require, or if there is a danger of delay, the President of the Chamber of the Order on a provisional measure pursuant to Rule 76, which he has decided without delay, shall immediately declare to the party to whom he or she imposes an obligation, or, where appropriate, to anyone other than the party, if an interim measure has been imposed on him; If necessary, they shall proceed to a resolution in place.
(2) The same copy of the order ordering the interim measure should be sent to the parties or, where appropriate, to their representatives and to those to whom the interim measure is imposed, within 3 days of the date of publication of the order or, if not published, within 3 days of its issue. An application for interim measures shall also be served on tenderers other than the appellant, together with a copy of the order.
(3) The same copy of the order ordering the interim measure by which a participant was ordered not to deal with a given property should also be sent to the relevant cadastral office within the time limit referred to in paragraph 2. This does not apply if it is a property that is not the subject of registration in the property register.
The order ordering the interim measure is enforceable by a declaration. If there has not been a declaration, it shall be enforceable as soon as:
(a) issued in the case of interim measures under Paragraph 76a;
(b) served on the person to whom the obligation is imposed in the case of interim measures pursuant to Article 76.
(1) The operative order on the provisional measure regulation is binding only on the parties to the proceedings and on those to whom the provisional measure has been imposed, unless otherwise provided by law.
(2) The operative order on the order for interim measures under Paragraph 76a is binding on everyone.
(3) To the extent that the operative order on the provisional measure regulation is binding on the parties and, where appropriate, on other persons, it is also binding on all institutions.
(1) The legal act for which the operative order on a provisional measure is binding shall be annulled if it infringes the obligation imposed by the enforceable order on a provisional measure.
(2) Where a participant has been ordered by a preliminary measure not to deal with a particular property, the application for the right to deposit in respect of that property, which has not yet been definitively decided on by the competent authority, will cease to have legal effect. This shall also apply if the participant has taken a legal action concerning the property before the order on the provisional measure has become enforceable.
Where an application for interim measures has been rejected, refused or terminated, the order shall be served only on the appellant. The same copy of the order shall be sent to the appellant or, where appropriate, to his representative within 3 days of the date of publication or issue of the order. '
9. Paragraph 77 (3) is deleted.
10. The following Section 77a is inserted after Section 77:
(1) If the order for interim measures has been withdrawn or revoked for a reason other than that the application in the substance has been granted or because the applicant's right has been satisfied, the applicant is obliged to make good the damage and other damage to anyone who has been subject to the interim measure. Such liability may not be waived by the applicant unless the damage or other damage has occurred otherwise.
(2) The action for damages or other damage referred to in paragraph 1 must be brought no later than 6 months after the date on which the provisional measures were withdrawn or were definitively annulled, otherwise the right will expire. The delay cannot be forgiven.
(3) The court which at first instance decided on the interim measure shall be responsible for the hearing and the decision on the action referred to in paragraph 2.
(4) Reimbursement of damage or other damage by the applicant shall be satisfied by the security lodged; If the security is insufficient to satisfy all the victims, the court shall divide the security among them in proportion. This is without prejudice to the applicant's obligation to make good any damage or other damage which has not been secured by a security lodged.
(5) Paragraphs 1 to 4 do not apply if there are interim measures under Paragraph 76a. '
11. in Paragraph 99 (1), the second sentence is: "The Court seeks reconciliation between the parties; the President of the Chamber shall, in particular, discuss the matter with the parties, draw their attention to the legislation and to the opinions of the Supreme Court and the decisions published in the Reports of Judgments and Opinions concerning the case and, where appropriate, recommend them to resolve the dispute amicably. ';
12. The second sentence of Paragraph 102 (3) reads: "Paragraph 75 (1), second sentence, § 75 (2) and (4), § 75a, 75b, § 75c (1) (a), § 75c (2) to (4), § 76, 76b, 76c, 76d, 76e, 76f, § 77 (1) (b) to (d), § 77 (2), § 77a and § 78 (3) shall apply mutatis mutandis."
13. in Article 114a (2) (b):
"(b) request a report on the facts relevant to the proceedings and decisions (§ 128);"
14. in Article 114a (2), the following point (c) is inserted after point (b):
"(c) appoint an expert if the conditions laid down in Article 127 are met;"
Points (c) and (d) shall be renumbered points (d) and (e).
15. The following Article 114c is inserted after Article 114b:
(1) Where, in accordance with the procedure laid down in Articles 114a (2) and 114b, negotiations cannot be drawn up in such a way as to enable a single hearing to be decided by the President of the Chamber, except in cases where such a procedure appears to be ineffective, he shall bring the parties and their representatives to the courts. In doing so, it shall provide them with the necessary lessons, endeavour to settle the matter amicably and invite them to fulfil their procedural obligations, in particular to add to the Protocol their factual claims and suggestions for the execution of the evidence; Paragraph 118a applies mutatis mutandis. Where necessary, they shall require them, at the latest at the hearing, to fulfil further procedural obligations in order to achieve the purpose of the proceedings.
(2) Paragraph 1 shall not apply if the conditions for the matter to be decided without the order of the hearing are fulfilled. "
16. In Article 118 (2), the words "and, according to the outcome of the proceedings, which of the parties' legal material claims may be considered to be the same, which of the material facts of the case remains questionable and which of the evidence to date will be carried out, or which evidence will be carried out by the court, even if the parties did not propose them 'shall be inserted after the word" conduct'.
17. in § 171, paragraph 4 is deleted;
18. in Article 205a (1), the following point (d) is inserted after point (c):
"(d) they are to comply with the obligation to state all claims for a decision of a material fact or an obligation of proof, provided that, for failure to fulfil one of those obligations, the appellant has not succeeded in the matter and that the appellant has not been properly informed in accordance with Paragraph 118a (1) to (3);"
Points (d) and (e) shall be renumbered as points (e) and (f).
19. in § 210a, the text "shall be inserted after the text" § 43 (2), § 75a (1), "§ 75b (2)."
20. In Article 212a (5), the words "and only if the appeal procedure could not be rectified 'shall be inserted in the second sentence after the word" cases'.
21. in Paragraph 212a, the following paragraph 6 is added:
"(6) The resolution which has not been decided on the substance of the case may only be examined for reasons relating to what the Court of First Instance has dealt with in the operative part of the order. '
22. in Paragraph 213 (2):
"(2) The appeal court may repeat the taking of evidence on the basis of which the Court of First Instance established the facts of the case; it shall repeat the evidence so far whenever it considers that it is possible to obtain a factual finding other than that of the Court of First Instance. ';
23. In Paragraph 213, the following paragraphs 3 and 4 are inserted after paragraph 2:
"(3) The Court of Appeal shall not take account of the evidence made, of which the Court of First Instance has not made any factual findings, in determining the facts of the case, unless it has repeated them; such evidence must be repeated only if the Court of First Instance has carried out other evidence on which it was based when establishing the facts.
(4) The Court of Appeal shall supplement the evidence of the parties proposed by the evidence which has not yet been carried out if this is demonstrated to be necessary to establish the facts of the case; This shall not apply only if a large-scale addition of evidence is to be made and if no or no insufficient evidence has yet been made to the facts to be proved by them. ';
Paragraph 3 shall become paragraph 5.
24. The following Sections 213a and 213b are inserted after Section 213:
(1) If the Court of Appeal considers that the evidence proposed by the parties is to be carried out (Paragraph 120 (3), first sentence), or if it reiterates the evidence (Sections 213 (2) and (3)), it shall carry out the evidence itself.
(2) The Court of Appeal will supplement the evidence of the parties proposed (Paragraph 213 (4)) either by itself or through the Court of First Instance or the requested court.
(1) The appeal procedure shall be followed in accordance with Paragraph 118a; However, this procedure cannot lead to the application of new facts or evidence contrary to the provisions of Paragraph 205a or 211a or to the exercise of procedural rights which are inadmissible under appeal.
(2) Infringement of the provisions of Paragraph 118a (1) to (3) of the Court of First Instance is a procedural defect only if the need to state further claims or evidence results from a different legal opinion of the Court of Appeal. "
25. in Article 214 (2) (c):
"(c) the appeal is directed against the order of the Court of First Instance which decided on the interim measure or any other order which has not been decided on the substance of the case;"
26. in Article 214 (1) (d), "Article 221 (1)" is replaced by "Article 219a (1)."
27. in Article 214 (3), the words "proceed according to Article 213" shall be replaced by the words "repeat or supplement the taking of evidence."
28.
(1) The summons shall be delivered to the participants so that they have sufficient time to prepare, as a rule at least 10 days before the date on which the hearing is to take place.
(2) After the opening of the negotiations, the President or a designated member of the Chamber shall report on the conduct of the negotiations so far; Otherwise, paragraphs 116 to 118, 118a (4) and 119 apply mutatis mutandis to proceedings before the Court of Appeal. Finally, the President of the Chamber shall invite the parties to summarise their proposals and to comment on the evidence and the facts and the legal aspects of the case. '.
29. In Article 219, the words "in the operative part 'shall be inserted after the words" if so'.
30. The following Section 219a is inserted after Section 219:
(1) The appeal court shall revoke the decision if:
(a) there are such defects that the proceedings should not have been carried out because of a lack of conditions of procedure or a decision was taken by an incompetent court or an excluded judge or the court has not been duly filled, unless, instead of a single judge, the Chamber has taken its decision and, where appropriate, other defects which may have resulted in an incorrect decision in the matter and the appeal procedure could not have been remedied;
(b) the decision is not revisable for inclarity or lack of reasons;
(c) the court has not recruited a participant who should have been a participant;
(d) the court has not continued the proceedings with regard to who is the procedural successor of the party who lost his capacity to be a party after the initiation of the proceedings.
(2) The Court of Appeal shall also dismiss the judgment or order which has been decided on the substance of the case if, in order to establish the facts of the case, the other parties to the case must carry out the evidence proposed which cannot be carried out in the appeal proceedings (§ 213 (3) and (4)); Paragraph 213 (5) shall not be affected by this. ';
31.
(1) The Court of Appeal shall amend the judgment or order which it has decided on the substance of the case if the conditions for its confirmation (§ 219) or revocation (§ 219a) are not fulfilled and if:
(a) the Court of First Instance has ruled incorrectly, although it has correctly established the facts;
(b) after completion or repetition of the evidence, the facts of the case are established in such a way that the case can be decided upon.
(2) The Court of Appeal shall amend the judgment or order which it has decided on the substance of the case also if it approves the conciliation.
(3) If the conditions for the confirmation of the order which decided on the interim measure or any other order which has not been decided on the substance of the case or for the annulment of the order pursuant to Paragraph 219a (1) are not met, the Court of Appeal shall amend it. '
32. Paragraph 221 (1) is deleted and paragraphs 2 and 3 are renumbered paragraphs 1 and 2.
33. In Article 221 (1), the words "pursuant to Article 219a 'shall be inserted after the words" Decision'.
34. In Section 223, in the part of the sentence before the semicolon, the words "or amend the judgment 'are replaced by the words" judgment (§ 219) or amend the judgment under Section 220 (1)'.
35. in Article 239 (3), the text "and Article 75b" shall be inserted in brackets after the text "Article 75a."
36. in Article 243b (5), "3" is replaced by "2."
37. In Paragraph 254, paragraphs 5 and 6 are added:
"(5) Unless otherwise stated in this section, when deciding on an appeal against a resolution which has been decided on a proposal for a regulation for enforcement of a decision, on an application for suspension of enforcement of a decision, on an application for termination of enforcement pursuant to § 268 (1) (a) to (f), on the enforcement of decisions on the education of minors (§ 272 to 273a), on the price of the property sold (§ 336a) or on an undertaking (§ 338n) and on an auction regulation (§ 336b and 338o), the decision of the Court of First Instance may be annulled only under § 219a (1). The investigation or taking of evidence necessary to confirm or amend the order of the Court of First Instance shall be carried out by the Court of Appeal either alone or through the Court of First Instance or the requested court.
(6) There is also no need to order the hearing to be heard if there is no inquiry or evidence in the appeal proceedings or if the Court of First Instance has ruled in accordance with the law without the regulation of the hearing; This is not the case if the appeal has been brought against a resolution of the Court of First Instance on the cessation of enforcement pursuant to § 268 (1) (g) and (h). '
38. in Paragraph 336k (3), in the last sentence, the text "§ 221" is replaced by the text "§ 219a."
39. in Article 352 (1), the word "security" shall be inserted after the word "advance."
40. In Article 352 (2), the words "and the composition of money and other values, advances, securities or other payments referred to in paragraph 1 'shall be inserted after the words" safekeeping'.
Transitional provisions
1. Unless otherwise provided, this law shall also apply to proceedings initiated before the date of entry into force of this law; the legal effects of the proceedings before the date of entry into force of this Act remain.
2. The appeal against decisions of the Court of First Instance before the date of entry into force of this Law shall be discussed and decided in accordance with the existing legislation.
3. An appeal against a decision of the Court of Appeal given before the date of entry into force of this Law or following proceedings carried out under existing legislation shall be dealt with and decided in accordance with existing legislation.
4. Applications for interim measures submitted before the date of entry into force of this Act shall be treated in accordance with existing legislation.
5. An appeal against decisions of the Court of First Instance in respect of interim measures before the date of entry into force of this Law shall be discussed and decided in accordance with the existing legislation.
6. An appeal against decisions of the Court of Appeal in respect of interim measures before the date of entry into force of this Law or issued in respect of such cases following proceedings under existing legislation shall be examined and decided in accordance with existing legislation.
Amendment to Act No. 527 / 1990 Coll.
In Act No. 527 / 1990 Coll., on inventions, designs and improvements, as amended by Act No. 519 / 1991 Coll., Act No. 116 / 2000 Coll., Act No. 207 / 2000 Coll., Act No. 173 / 2002 Coll. and Act No. 501 / 2004 Coll., Section 75b is deleted.
Amendment to Act No. 207 / 2000 Coll.
In Act No. 207 / 2000 Coll., on the Protection of Industrial Designs and amending Act No. 527 / 1990 Coll., on Inventions, Industrial Designs and Improving Proposals, as amended, as amended, as amended, Act No. 474 / 2004 Coll. and Act No. 501 / 2004 Coll., Section 22 is deleted.
EFFECTIVE
This Act shall take effect on 1 April 2005.
Zaoralek v. r.
Klaus v. r.
Gross v. r.
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Regulation Information
| Citation | Act No. 59 / 2005 Coll., amending Act No. 99 / 1963 Coll., Civil Code, as amended, and certain other laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.02.2005 |
|---|---|
| Effective from | 01.04.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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