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Full version of Act No. 62 / 1996 Coll., Civil Code of Judicial Procedure (full version as follows from subsequent amendments and additions) — Civil Code of Procedure (full text, as resulting from subsequent amendments and additions).

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Is Full text of Act No. 62 / 1996 Coll. still valid?

Yes, Full text of Act No. 62 / 1996 Coll. is still valid and effective.

Full text of Act No. 62 / 1996 Coll.

Civil Code of Procedure (full text, as resulting from subsequent amendments and additions)

Valid Declared full text

Text versions: 20.03.1996

ČÁST PRVNÍ HLAVA PRVNÍ § 1 § 2 § 3 § 4 § 5 § 6 HLAVA DRUHÁ § 7 § 8 § 8a § 9 § 10 § 10a § 11 § 12 § 13 § 14 § 15 § 16 § 17 HLAVA TŘETÍ § 18 § 19 § 20 § 21 § 22 § 23 § 24 § 25 § 26 § 27 § 27a § 28 § 29 § 30 § 31 § 32 až 34 § 35 HLAVA ČTVRTÁ § 36 § 36a § 36b § 36c § 36d § 37 § 38 § 38a § 39 § 40 § 41 § 42 § 43 § 44 § 45 § 46 § 47 § 47a § 48 § 49 § 50 § 50a § 51 § 52 § 53 § 54 § 55 § 56 § 57 § 58 ČÁST DRUHÁ § 59 až 66 HLAVA PRVNÍ § 67 § 68 § 69 § 70 až 72 § 73 HLAVA DRUHÁ § 74 § 75 § 76 § 76a § 77 § 78 ČÁST TŘETÍ HLAVA PRVNÍ § 79 § 80 § 81 § 82 § 83 § 84 § 85 § 85a § 86 § 87 § 88 § 89 § 89a § 90 § 91 § 92 § 93 § 94 § 95 § 96 § 97 § 98 § 99 § 100 § 101 § 102 § 103 § 104 § 104a § 105 § 106 § 107 § 108 § 109 § 110 § 111 § 112 § 113 § 114 § 115 § 116 § 117 § 118 § 119 HLAVA DRUHÁ § 120 § 121 § 122 § 123 § 124 § 125 § 126 § 127 § 128 § 129 § 130 § 131 § 132 § 133 § 134 § 135 § 136 HLAVA TŘETÍ § 137 § 138 § 139 § 140 § 141 § 142 § 143 § 144 § 145 § 146 § 147 § 148 § 149 § 150 § 151 § 151a HLAVA ČTVRTÁ § 152 § 153 § 153a § 153b § 154 § 155 § 156 § 157 § 158 § 159 § 160 § 161 § 162 § 163 § 164 § 165 § 166 § 167 § 168 § 169 § 170 § 171 § 172 § 173 § 174 § 175 HLAVA PÁTÁ § 175a § 175b § 175c § 175d § 175e § 175f § 175g § 175h § 175i § 175j § 175k § 175l § 175m § 175n § 175o § 175p § 175q § 175r § 175s § 175t § 175u § 175v § 175w § 175x § 175y § 175z § 175a § 175b § 175c § 175d § 176 § 177 § 178 § 179 § 180 § 181 § 182 § 183 § 184 § 185 § 185a § 185b § 185c § 185d § 185e § 185f § 185g § 158h § 185i § 185j § 185k § 185l § 185m § 185n § 185o § 185p § 185q § 185r § 185s § 186 § 187 § 188 § 189 § 190 § 191 § 191a § 191b § 191c § 191d § 191e § 191f § 191g § 192 § 193 § 194 § 195 § 196 § 197 § 198 § 199 § 200 § 200a § 200b § 200c § 200d § 200e § 200f a 200g § 200h § 200i § 200j § 200k § 200l § 200m § 200n ČÁST ČTVRTÁ HLAVA PRVNÍ § 201 § 202 § 203 § 204 § 205 § 206 § 207 § 208 § 209 § 210 § 210a § 211 § 212 § 213 § 214 § 215 § 216 § 217 § 218 § 219 § 220 § 221 § 222 § 223 § 224 § 225 § 226 § 227 HLAVA DRUHÁ § 228 § 229 § 230 § 231 § 232 § 233 § 234 § 235 HLAVA TŘETÍ § 236 § 237 § 238 § 238a § 239 § 240 § 241 § 242 § 243 § 243a § 243b § 243c § 243d ČÁST PÁTÁ HLAVA PRVNÍ § 244 § 245 § 246 § 246a § 246b § 246c HLAVA DRUHÁ § 247 § 248 § 249 § 250 § 250a § 250b § 250c § 250d § 250e § 250f § 250g § 250h § 250i § 250j § 250k HLAVA TŘETÍ § 250l § 250m § 250n § 250o § 250p § 250q § 250r § 250s ČÁST ŠESTÁ HLAVA PRVNÍ § 251 § 252 § 253 § 254 § 255 § 256 § 257 § 258 § 259 § 260 § 261 § 262 § 263 § 264 § 265 § 266 § 267 § 268 § 269 § 270 § 271 § 272 § 273 § 273a § 274 § 275 HLAVA DRUHÁ § 276 § 277 § 278 § 279 § 280 § 281 § 282 § 283 § 284 § 285 § 286 § 287 § 288 § 289 § 290 § 291 § 292 § 293 § 294 § 295 § 296 § 297 § 298 § 299 § 300 § 301 § 302 HLAVA TŘETÍ § 303 § 304 § 305 § 306 § 307 § 308 § 309 § 310 § 311 § 312 § 313 § 314 § 315 § 316 § 317 § 318 § 319 § 320 HLAVA ČTVRTÁ § 321 § 322 § 323 § 324 § 325 § 325a § 326 § 327 § 328 § 328a § 328b § 329 § 330 § 331 § 332 § 333 § 334 § 335 § 335a § 336 § 336a § 336b § 336c § 336d § 336e § 336f § 336g § 336h § 336i § 336j § 336k § 336l § 336m § 336n § 336o § 336p § 337 § 337a § 337b § 337c § 337d § 337e § 338 HLAVA PÁTÁ § 338a § 338b HLAVA ŠESTÁ § 339 § 340 § 341 § 342 § 343 § 344 § 345 § 346 § 347 § 348 § 349 § 350 § 351 ČÁST SEDMÁ § 352 § 353 a 354 ČÁST OSMÁ § 355 § 356 § 357 § 358 § 359 § 360 § 361 § 362 § 363 § 364 § 365 § 366 § 367 § 368 § 369 § 370 § 371 § 372 § 373 § 374 § 374a § 375 § 376 Čl. III Čl. II Čl. III Čl. II Čl. II

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Announces

The full wording of the Civil Code of 4 December 1963 No. 99 Coll., as follows from the amendments and amendments made by the Act of 6 April 1967 No. 36 Coll., by the Act of 18 December 1969 No. 158 Coll., by the Law of 26 April 1973 No. 49 Coll., by the Law of 26 March 1975 No. 20 Coll., by the Act of 10 November 1982 No. 133 Coll., by the Law of 4 May 1990 No. 180 Coll., by the Law of 11 July 1991 No. 328 Coll., by the Law of 5 November 1991 No. 519 Coll., by the Law of 28 April 1992 No. 263 Coll., by the Act of 21 December 1992 No. 24 / 1993 Coll., by the Law of 20 May 1993 No. 171 Coll., by the Law of 29 April 1994 No. 117 Coll., by the Law of 22 June 1994 No. 152 Coll., by the Law of 1 November 1994 No. 216 Coll., by the Law of 18 December 1994 No. 84 Coll., by the Law of 26 May 1995, by the Law of 20 May 1991 No. 171 Coll.

CITIZENS 'COURT OF JUSTICE

ČÁST PRVNÍ

GENERAL PROVISIONS

HLAVA PRVNÍ

BASIC PROVISIONS

§ 1

The Civil Code regulates the procedure of the court and the participants in civil proceedings in order to ensure fair protection of the rights and legitimate interests of the participants, as well as education for the maintenance of laws, the integrity of the duties and respect for the rights of the fellow citizens.

§ 2

In civil proceedings, courts shall discuss and decide disputes and other legal matters, enforce decisions which have not been complied with voluntarily, and aim to ensure that the rights and the rights of protected interests of natural and legal persons are not violated and that rights are not misused at the expense of those persons.

§ 3

Civil trial is one of the guarantees of legality and serves its consolidation and development. Everyone has the right to apply in a court of law which has been threatened or violated.

§ 4

repealed

§ 5

The courts shall instruct participants on their procedural rights and obligations.

§ 6

In the proceedings, the Court of First Instance shall act in conjunction with all parties to the proceedings in such a way that the protection of rights is swift and effective and that the facts at issue between the parties are established reliably.

HLAVA DRUHÁ

COURT OF JUSTICE

Powers

§ 7

(1) In civil proceedings, the courts shall examine and decide cases arising from civil, professional, family, cooperative and commercial relations (including business and economic relations), unless they are dealt with by law and decided by other authorities.

(2) Other cases are discussed and decided by the courts in civil proceedings only if the law so provides.

§ 8

Where proceedings are to be brought before a court, the courts may act only if the case has not been definitively resolved in such proceedings.

§ 8a

Disputes of jurisdiction

The Supreme Court shall rule on jurisdiction between courts and public authorities; the proceedings are the jurisdiction of the Supreme Court, within whose jurisdiction the seat of the authority concerned is situated.

Jurisdiction

§ 9

(1) The regional courts are principally responsible for the proceedings at first instance.

(2) The Regional Courts shall rule as first instance courts

(a) in matters of personality protection under the Civil Code and protection against disclosure of information which is an abuse of freedom of expression, of words and of the press under the legislation on collective information means;

(b) claims under copyright law;

(c) in cases of originality to industrial property, the right to register them for protection, co-ownership and claims on, or infringements of, industrial property;

(d) in disputes concerning the settlement of a benefit which has been unlawfully or at a higher rate than that due, between the employer and the recipient of that benefit under pension and social security legislation;

(e) disputes between the competent sickness insurance authority and the employer for compensation for damage caused by malpractice in carrying out sickness insurance;

(f) disputes concerning the lawfulness of strikes or exclusions;

(g) in disputes concerning the invalidity of employment or service pursuant to Article 18 (2) of Act No. 451 / 1991 Coll., laying down certain additional conditions for the performance of certain functions in the state bodies and organisations of the Czech and Slovak Federal Republic, the Czech Republic and the Slovak Republic,

(h) disputes concerning a foreign State or persons enjoying diplomatic immunity and privileges, where such disputes fall within the competence of the courts of the Czech Republic;

(i) in insolvency and settlement proceedings, where the insolvency (debtor) is a natural or legal person not registered in the commercial register, including disputes raised by such proceedings;

(j) in the procedure for determining whether a proposal for registration of a political party or political movement has no deficiencies which would impede their registration (1)

(3) The Regional Courts continue to rule as first instance courts in trade disputes

(a) legal relations between entrepreneurs in their business activities;

(aa) if both participants are entered in the Commercial Register; for these purposes, the banks have the status of an entrepreneur incorporated in the Commercial Register;

(bb) if the applicant is an entrepreneur not registered in the Commercial Register and the defendant is an entrepreneur who is registered in the Commercial Register, the amount requested by the applicant exceeds CZK 50,000;

(b) without prejudice to whether the participants in the obligation relationship are entrepreneurs, disputes

(aa) legal relations related to the establishment of companies or cooperatives;

(bb) stock exchanges and brokering;

(cc) from a contract for the sale of an undertaking or part thereof, 2)

(dd) from a contract for control activities, 3)

(ee) from the contract of the sender, 4)

(ff) from the contract on the operation of the means of transport, 5)

(gg) from the silent partnership contract, 6)

(hh) from the letter of credit agreement, 7)

(ii) from the debit agreement, 8)

(jj) from the securities deposit contract or other values, 9)

(kk) current account contract, 10)

(ll) from the deposit account contract, 11)

(mm) from the travel cheque, 12)

(nn) from the credit agreement,

(oo) Obligation of the indemnity promise, 13)

(pp) legal relationships arising from the provision of commitments under (aa) to (nn);

(rr) patent rights, protected utility and industrial designs and topographies of semiconductor products as an object of trade;

(qq) from bank guarantee obligations;

(aa) legal relations between companies (cooperatives) and their founders (partners or members), as well as between members (members or founders), as regards relations concerning participation in a company (member relationship in a cooperative), as well as relations from contracts transferring the share of a member (members' rights and obligations) and relations related to the increase of the capital (member's accession),

(bb) legal relations between the procurer and the entrepreneur who has granted the procurer and, if the procurer has been awarded more than one person, legal relations between those persons, and legal relations between the agent and the trader who has entrusted the agent, unless there is a dispute arising from an employment relationship;

(cc) legal relationships relating to notes, other securities or cheques, including disputes arising from the issued exchange (cheques) payment orders;

(dd) legal relations concerning the protection of competition (14) and unfair competition (15)

(ee) trade name rights, 16) trade marks 17) and designations of origin, 18)

(ff) insurance related to the subject of a business activity;

(gg) on the proposal of a member of a public company to abolish it for breach of a social contract by another member, 19)

(hh) on a proposal by a limited liability company to cancel its participation in the company, 20)

(ii) on the proposal of the members of the limited liability company, 21)

(jj) on the proposal of a member of the cooperative to cancel the decision of the member meeting on its exclusion, 22)

(kk) deleted

(ll) relations arising from the international trade of legal and natural persons, including disputes in which the jurisdiction of the court of the Czech Republic was established by written contract of participants. 24)

(4) Finally, as a Court of First Instance in commercial matters, the Regional Courts

(a) discuss bankruptcy and settlement where a natural or legal person incorporated in a commercial register is a bankrupt (debtor), including disputes brought about by such proceedings;

(b) decide to abolish the company and liquidate it, 25)

(c) decide on the appointment of the liquidator of the company if the company has been wound up by decision of the court, 26)

(d) decide on the application to dismiss the company's liquidator and replace it by another person, 27)

(e) decide to determine the remuneration of the liquidator appointed by the court, 28)

(f) decide to appoint a company liquidator, 29)

(g) decide on the application to dismiss and replace the liquidator of the company, 30)

(h) decide on the winding-up of the cooperative, the cooperative, the enterprise (economic establishment) of the civil association and the joint venture and on the proposals to abolish the cooperative, 31)

(i) decide on a proposal for a declaration by the members of the cooperative on the distribution of the liquidation balance for nullity, 32)

(j) decide in other cases where, pursuant to the provisions of Part One, Part Two and Part Four of the Commercial Code, the court decides, 32a)

(k) decide in the proceedings concerning the commercial register.

(5) The Supreme Court shall act as a Court of First Instance, if a special rule so provides.

§ 10

(1) The Regional Courts decide on appeals against decisions of the District Courts.

(2) The Supreme Court shall decide on appeals against decisions of the regional courts as first instance courts.

§ 10a

The Supreme Court shall decide on appeals against decisions of regional or supreme courts as appeals courts.

§ 11

(1) The proceedings shall be held in that court which shall have substance and local jurisdiction. The circumstances prevailing at the time of the opening of the procedure shall be relevant for determining the substantive and local jurisdiction.

(2) Where several courts are competent locally, proceedings may take place with any of them.

(3) If a case falls within the competence of the courts of the Czech Republic, but the conditions of local jurisdiction are missing or cannot be ascertained, the Supreme Court shall determine which court shall examine the case and decide.

§ 12

(1) If the competent court cannot discuss the case because its judges are excluded (Paragraph 14), the case must be ordered to another court of the same degree.

(2) A case may also be ordered to another court of the same degree for reasons of suitability.

(3) The commandment of the case shall be decided by the court closest together to the competent court and court to which the case is to be ordered.

§ 13

repealed

Exclusion of Judges

§ 14

(1) Judges shall be excluded from hearing and deciding a case where, in view of their relationship with the case, the participants or their representatives are in doubt of their unbiased nature.

(2) In a higher degree court, judges who have ruled in a lower degree court are also excluded, and vice versa. The same applies when it comes to decision-making on the application.

§ 15

(1) As soon as the Judge becomes aware of the facts for which he is excluded, he shall notify the President of the Court without delay. In proceedings, he can only do such acts as cannot be delayed.

(2) Participants shall have the right to comment on the persons of the Judges; the facts for which the Judge is excluded are required to be communicated without delay.

§ 16

(1) The superior court in the Chamber shall decide whether the Judge is excluded. The exclusion of judges of the Supreme Court shall be decided by another Chamber of the same court.

(2) If it has been decided that a Judge is excluded, the President of the Court shall designate another Judge in his place or order the case to another Chamber.

§ 17

(1) These provisions shall apply mutatis mutandis to the exclusion of the recorder or other court worker and the expert or interpreter; the President of the Chamber shall decide accordingly.

(2) Paragraph 14 to 16 shall apply mutatis mutandis to the exclusion of a notary from the duties of a judicial commissioner. Exclusion shall be decided by the court which mandated the notary to perform the duties of the judicial commissioner; no appeal is admissible against his decision.

HLAVA TŘETÍ

PARTICIPATION IN THE PROCEDURE

Participants

§ 18

Participants shall have equal status in civil proceedings. They have the right to act in their mother tongue in court. The Court of First Instance shall ensure that they have equal opportunities to exercise their rights.

§ 19

Eligibility to be a party to proceedings shall lie with those who have the capacity to have rights and obligations; Otherwise, only he to whom the law admits it.

§ 20

Everyone may act individually (as a party to the proceedings) in so far as he or she has the capacity to acquire rights and to assume obligations in his or her own actions.

§ 21

(1) A statutory authority or a worker (a member) shall act as a legal person to prove that he is entitled to act for it.

(2) The official of the State body to which the case relates or an authorised official of another State body shall act before the State.

Representatives of participants

(a) by law

§ 22

A citizen who cannot act alone in a court of law must be represented by his legal representative.

§ 23

If the circumstances of the case so require, the court may decide that those who do not have full legal capacity must be represented in the proceedings by their legal representative, even if it is a case in which they may otherwise act separately.

(b) on the basis of force majeure:

§ 24

A party may be represented in the proceedings by the representative chosen by him. In the absence of representation pursuant to § 26, only a natural person may be the elected representative of the participant. In the same case, only one elected representative may be present at the same time.

§ 25

(1) The representative may always elect an attorney. The power of attorney cannot be limited.

(2) The lawyer is obliged to make effective use of all legal means and methods of providing legal assistance to the participant he represents.

(3) The lawyer shall be entitled to be represented by another lawyer as another representative or associate, except where the lawyer is required under this law.

(4) The provisions of paragraphs 1 to 3 shall apply mutatis mutandis if the participant is represented by a commercial lawyer within the scope of his authorisation provided for by specific provisions. 33)

§ 26

(1) A trade union organisation may, with the exception of commercial matters, represent a participant who is a member of it in the proceedings.

(2) The headquarters for the international legal protection of young people (hereinafter referred to as "the Headquarters") may represent a participant in proceedings concerning the care of minors, in determining or amending the maintenance obligation and in proceedings for the enforcement of a decision imposing a maintenance obligation, if the case relates to a foreign matter.

(3) If the trade union or the Centre of Representation so requests, it shall instruct one of its members or staff to act on behalf of the trade union or the Centre.

§ 27

(1) A participant may also be represented by any citizen eligible for legal action. This representative can only act in person.

(2) The Court of First Instance shall decide that the representation referred to in paragraph 1 shall not be permitted if the representative appears to be unfit for proper representation or if he reacts as representative in different cases.

§ 27a

repealed

§ 28

(1) The representatives chosen by the party shall give power in writing or orally to the Protocol either for the whole procedure or for certain acts only.

(2) The full power conferred on the whole proceeding cannot be restricted. The representative to whom this mandate has been granted shall be entitled to any action taken by a party in the proceedings.

(3) The appeal by a party to the proceedings or its resignation by a representative shall be effective against the court once it has been notified by that party or representative; they shall be effective as soon as they have been notified to them by the court.

§ 29

(1) If he is not represented who is unable to act alone in a court of law, the President of the Chamber shall appoint a guardian if there is a danger of delay. The same procedure shall apply if a specific regulation so provides.

(2) If they do not take other measures, the President of the Chamber may also appoint a guardian to a participant whose residence is unknown, who has not been able to deliver to a known address abroad, who has suffered mental illness or who is unable to express himself clearly.

§ 30

(1) A participant who is expected to be exempted from judicial fees may, at his request, be appointed a representative if necessary to protect his interests.

(2) Where the protection of the interests of a participant so requires, the President of the Chamber shall appoint a lawyer representative in the case referred to in paragraph 1.

§ 31

(1) A designated representative shall have the same status as a representative on the basis of the power of attorney for the whole procedure, unless it has been established only for certain acts.

(2) If a lawyer has been appointed as a representative, he shall have the same status as the lawyer to whom the party has given the mandate.

§ 32 až 34

cancelled

§ 35

Participation of the Prosecutor

(1) The Prosecutor may intervene in proceedings brought in respect of:

(a) legal capacity;

(b) death declaration,

(2) In such proceedings, the Prosecutor shall be entitled to all acts which may be carried out by a party in so far as they are not acts which can only be carried out by a party in a legal relationship.

HLAVA ČTVRTÁ

TASKS OF THE COURT AND PARTICIPANTS

Proceedings

§ 36

In proceedings before a court, the Chamber or the President of the Chamber shall act as the sole judge (self-judge). All members of the Senate are equal in their decisions.

§ 36a

(1) In proceedings before the District Court, the Chamber shall act and decide:

(a) labour matters;

(b) other matters on which the law provides.

(2) In other cases, a single Judge shall act and rule in proceedings before the District Court.

(3) In proceedings before the Regional Court, the Court of First Instance shall act and rule, except in the cases referred to in Paragraph 36b (1), by a single judge; in the appeal proceedings, the Board shall act and decide.

§ 36b

(1) In commercial matters, the Regional Court acts and decides as a court of the first instance in the Chamber where disputes arise

(a) deleted:

(b) deleted:

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Regulation Information

Citation	Full version of Act No. 62 / 1996 Coll., Civil Code of Judicial Procedure (full version as follows from subsequent amendments and additions)
Regulation Type	Declared full text
Author	-
Collection	Code of Laws

Date of Promulgation	20.03.1996
Effective from	-
Effective until	-
Status	Valid

Legal Areas: Compensation in labour law Civil law Civil law of procedure Employment. Service relationship Labour law

The regulation text is for informational purposes only.

Full text of Act No. 62 / 1996 Coll.

Civil Code of Procedure (full text, as resulting from subsequent amendments and additions)

Contents

ČÁST PRVNÍ

HLAVA PRVNÍ

§ 1

§ 2

§ 3

§ 4

§ 5

§ 6

HLAVA DRUHÁ

§ 7

§ 8

§ 8a

§ 9

§ 10

§ 10a

§ 11

§ 12

§ 13

§ 14

§ 15

§ 16

§ 17

HLAVA TŘETÍ

§ 18

§ 19

§ 20

§ 21

§ 22

§ 23

§ 24

§ 25

§ 26

§ 27

§ 27a

§ 28

§ 29

§ 30

§ 31

§ 32 až 34

§ 35

HLAVA ČTVRTÁ

§ 36

§ 36a

§ 36b

Contents

Comments 0

Regulation Information

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