Measure 63 / 1955 Coll.
Legal measure on judicial execution by debiting an account with a money institution
Valid
Effective from 01.01.1956
63.
Legal measures of the Bureau of the National Assembly
of 15 December 1955
on judicial execution by debiting an account with a money institution.
The Bureau of the National Assembly of the Czechoslovak Republic has decided on the following legal measure under Article 66 of the Constitution:
Act No. 142 / 1950 Coll., on Civil Procedure (Civil Code), as amended by Act No. 68 / 1952 Coll., is amended as follows:
1.
"(1) The application for authorisation of an execution shall include the designation of the enforcer, the debtor, the enforcement title, the enforcement claim, the execution instrument and the subject of the execution.
(2) The application for authorisation of the execution of claims shall also include the grounds for the claim and the indication of the debtor, the application for authorisation of the execution by debiting an account with a money institution, if possible, also the number and designation of the account with the monetary institution (sub-debtor) from which the debt to be recovered is to be debited and, where the creditor itself has an account with the money institution, the name and address of that institution, the number and designation of the account for which the recovery claim is to be settled.
(3) With the application for authorisation of execution, the creditor, failing to submit the application to the court referred to in § 433, is to present the enforceable title, bearing the enforcement clause. "
2.
"Execution against the state, budget organisations and economic organisations of the state socialist sector.
(1) The State, budgetary organisations and economic organisations of the State Socialist sector may be authorised to enforce claims in cash only if the competent supervisory authority designates the parts of the assets which may be affected by the execution, after identifying the means of execution to be used. The Court of First Instance shall invite the competent supervisory authority to submit its observations within 30 days and, if the execution is effected by debiting an account with a money institution, within 10 days. If that authority does not express itself within that period, the execution may be authorised and continued if the execution is admissible at all. ';
3.
"The execution of cash claims on an account with a money institution shall be effected by debiting the debt recovered from the debtor's account; execution of other claims on money and salary shall be effected by confiscation. ';
4. the following Section 527 (a) is inserted after Section 527:
"Execution by debiting an account with a money institution.
(1) In order to authorise execution by debiting an account with a money institution, the court shall order the debtor to write off the debt claim from the debtor's account and pay it to the creditor's creditor, after the legal power of the order; where the debtor is a private person, the court shall prohibit the debtor from loading the account up to the amount of the debt recovered.
(2) The order for authorisation of execution shall be served by the court to the creditor and debtor; a sub-debtor shall be delivered only if the creditor or debtor is a private person, immediately, if the private person is a debtor, otherwise after the legal authority. The sub-debtor has no rights to complain.
(3) The execution shall be governed by specific provisions on recovery orders; where the enforcement creditor is a private person, those provisions shall apply mutatis mutandis to the derogation that the recovery order is not applicable.
(4) Specific provisions apply to the order of payment. However, if the debtor is a private person, the order of payment shall be the date at which the order authorising execution was served on the sub-debtor; If several enforcement orders were delivered to him on the same day by write-off from the same debtor's account and the funds in the account are not sufficient, recovery claims shall be settled on a pro rata basis.
(5) Paragraphs 541 (1) and 542 to 546 shall apply mutatis mutandis.
(6) Specific provisions excluding or restricting the use of devices for purposes other than those provided for are without prejudice to the provisions on such execution. ';
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.
Mauer 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 63 / 1955 Coll., on judicial execution by debiting from an account with a money institution |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.12.1955 |
|---|---|
| Effective from | 01.01.1956 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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