Decree No. 63 / 2012 Coll.
Decree amending Decree No. 330 / 2001 of the Ministry of Justice Coll., on the remuneration and compensation of the court executor, on the remuneration and reimbursement of the expenses of the company manager and on the conditions of liability insurance for damage caused by the executor, as amended
Valid
Effective from 01.03.2012
63
DECLARATION
of 24 February 2012
amending Decree No. 330 / 2001 of the Ministry of Justice Coll., on the remuneration and compensation of the bailiff, on the remuneration and reimbursement of the expenses incurred by the trustee and on the conditions of liability insurance for damage caused by the executor, as amended
According to § 131 (a) of Act No. 120 / 2001 Coll., on judicial executors and enforcement activities (execution order) and amending other laws:
Decree No. 330 / 2001 Coll., on the remuneration and compensation of the court executor, on the remuneration and reimbursement of the final expenses of the manager of the company and on the conditions for insurance of liability for damage caused by the executor, as amended by Decree No. 233 / 2004 Coll., Decree No. 291 / 2006 Coll., the finding of the Constitutional Court, published under No. 94 / 2007 Coll., Decree No. 330 / 2008 Coll. and Decree No. 368 / 2009 Coll., is amended as follows:
1. in Article 11 (1) (a), the words "paragraphs 1 and 2" shall be deleted;
2. Paragraph 12 (2) reads as follows:
"(2) The advance on the costs of execution imposing payment of the cash amount may not exceed 50% of the remuneration provided for in Article 6 and the flat-rate amount of reimbursement of the final expenditure referred to in Article 13 (1), or the estimate of the expenditure effectively incurred, if it exceeds the flat-rate amount provided for in Article 13 (1). The amount of the claim to be recovered shall be considered as the basis for the remuneration; the addition of the claim is disregarded. In the case of execution imposing an obligation other than payment of the cash amount, the advance on the costs of execution may not exceed 50% of the remuneration provided for such execution in paragraphs 7 to 10, or the flat-rate amount of compensation for the final expenses referred to in paragraph 13 (1), or, where appropriate, the estimate of the expenditure actually incurred, if more than the flat-rate amount referred to in paragraph 13 (1). ';
3. In Paragraph 13 (1), the words "expert opinions and professional observations, translations' are replaced by" professional observations'.
4. In Paragraph 13, the following paragraphs 3 and 4 are inserted after paragraph 2:
"(3) If the debtor fulfils within 15 days of the date of receipt of the call for recovery, if the recovery does not exceed CZK 10 000 and pays the compulsory advance on the reduced execution costs and the eligible costs, the executor shall be entitled to reimbursement of the final expenses in a lump sum of CZK 1 750 instead of compensation under paragraph 1. Paragraph 2 shall apply mutatis mutandis.
(4) The executor is responsible for compensating for the expenditure effectively incurred in carrying out the studies and translations which the executor is obliged to prove. This refund shall not be included in the flat-rate amount referred to in paragraphs 1 and 3. ';
Paragraphs 3 to 5 shall be renumbered paragraphs 5 to 7.
5. In Article 13, the sentence "For a common journey in several execution procedures conducted by the same executor, the reimbursement of travel expenses shall only be granted once at the end of paragraph 5. In each of these proceedings, the executor shall be entitled to a proportion of the reimbursement of travel expenses. ';
6. In Paragraph 13 (7), "4 'is replaced by" 6'.
7. In Paragraph 13, paragraph 8 is added:
"(8) Where the execution procedure is subject to two authorisations or two compulsory, the flat-rate amount of the reimbursement of the final expenditure referred to in paragraphs 1 and 3 shall be increased by 30%. Where more than 2 or more compulsory than 2 are involved in the execution procedure, the flat-rate amount of the reimbursement of the final expenditure referred to in paragraphs 1 and 3 shall be increased by 50% irrespective of the number of participants. ';
8. In Paragraph 14, the following paragraph 2 is inserted after paragraph 1:
"(2) Compensation for time wasted on a journey to a place which is not the seat of his office shall be paid to the executor only once, if he has carried out multiple execution procedures at that place. In each of these proceedings, the executor shall be entitled to a proportion of the compensation for the time elapsed according to the number of operations carried out in each execution procedure. '.
Paragraph 2 shall become paragraph 3.
Transitional provision
If a resolution on the execution regulation has been issued by the date of entry into force of this decree, it shall be followed by existing legislation.
Efficacy
This Decree shall take effect on 1 March 2012.
Minister:
JUDr. Pospíšil v. r.
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Regulation Information
| Citation | Decree No. 63 / 2012 Coll., amending Decree No. 330 / 2001 of the Ministry of Justice Coll., on the Remuneration and Reimbursement of the Executioner, on the Remuneration and Reimbursement of Completed Expenses of the Company Manager and on the Conditions for Liability Insurance for Damage caused by the Executioner, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.02.2012 |
|---|---|
| Effective from | 01.03.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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