Government Decree No. 63 / 1998 Coll.
Government regulation on the method of calculating the basic amount which must not be deducted from the monthly salary in the enforcement of the decision and on determining the amount above which the wage is subject to haircuts without limitation (Regulation on non-commensurate amounts)
Valid
Effective from 01.04.1998
63
GOVERNMENT REGULATION
of 4 March 1998
on the method of calculating the basic amount which must not be deducted from the monthly salary in the enforcement of the decision and determining the amount above which the wage is subject to haircuts without limitation (Regulation on non-recoverable amounts)
The Government hereby orders, pursuant to Articles 278 and 279 (3) of the Civil Code:
The basic amount, which may not be deducted from the monthly salary by the debtor under Section 278 of the Civil Code, shall be 62% of the amount of the person's living minimum per person and 25% of the amount of the individual's living minimum per person who is obliged to provide maintenance. The debtor's spouse is counted 25% of the amount of the life minimum of the individual, even if he has a separate income. A child who is jointly nourished shall be accounted for 25% of the amount of the living minimum of the individual to each spouse separately if the deductions are made on the salary of both spouses. 25% of the amount of an individual's life minimum shall not be counted against any of those for which enforcement of the maintenance claim decision has been ordered, if the enforcement of the decision still exists.
The amount over which the remainder of the net wage calculated in accordance with the first sentence of Paragraph 279 (1) of the First Code of Civil Procedure will collide without limitation shall be 150% of the amount of the life minimum of the individual.
For the purposes of this Regulation, the sum of the amount needed to ensure the nutrition and other basic personal needs of the citizen and the amount needed to ensure the necessary household costs laid down in the special Regulation (1) shall be considered as the life-minimum of the individual.
The basic amount which must not be deducted from the monthly salary and the amount above which the remainder of the net wage shall be deducted without limitation shall be rounded up to the whole crown.
Government Decree No. 185 / 1993 Coll., on the method of calculating the basic amount which must not be deducted from the monthly salary in the enforcement of the decision and on determining the amount above which the salary is subject to deductions without limitation (the Regulation on non-recoverable amounts) is hereby repealed.
This Regulation shall enter into force on 1 April 1998.
Prime Minister:
Ing. Tošovský v. r.
Minister of Justice:
JUDr. Parkan v. r.
1) Articles 3 (2) (e), 3 (3) (a) and 7 of Act No. 463 / 1991 Coll., on Life Minimum, as amended by Act No. 289 / 1997 Coll.
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Regulation Information
| Citation | Government Decree No. 63 / 1998 Coll., on the method of calculating the basic amount which must not be deducted from the monthly salary in the enforcement of the decision and determining the amount above which the wage is subject to haircuts without limitation (Regulation on non-recoverable amounts) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.03.1998 |
|---|---|
| Effective from | 01.04.1998 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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