Act No. 68 / 1952 Coll.
The Act which renders itself and complements the Civic Súdni poriadok
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Effective from 01.01.1953
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68.
Law
of 30 October 1952
amending and supplementing the Civil Code. *)
The National Assembly of the Czechoslovak Republic decided on the following Act:
Act No. 142 / 1950 Coll., on Civil Procedure (Civil Code), is amended as follows:
1. In Paragraph 1 (1), the words "the Civil Procedure Act governing proceedings before civil courts' are replaced by the words" the Civil Procedure Code governing civil proceedings before general courts'.
2.
"Jurisdiction of general courts.
In civil matters, if they are not excluded from the jurisdiction of the General Courts, the People's Courts rule in the first seat, in the second seat of the Regional Courts. If, on the basis of the orders of the Supreme Court (§ 18) in the first seat, the Regional Court decides in the second seat, the Supreme Court decides in the second seat. In which other cases the Supreme Court shall decide, the law shall be laid down. ';
3. Paragraph 6 (3) reads as follows:
"Where a proposal is needed to initiate proceedings, the prosecutor may also make such a proposal if he considers that it is required to protect the interests of the State or of the workers. The prosecutor is also a party to the proceedings; it is not, however, entitled to the procedural acts governing the subject-matter of the proceedings. ';
4. Paragraph 18 reads:
"At the request of the Attorney General or of the President of the Supreme Court, the Supreme Court may, for serious reasons, request from each court, first or second stools, and decide on it itself or order it to decide on any other court of the same or higher stools; the court which then decides on the case shall comply with the rules governing the procedure applicable to the court from which the case was requested. ';
5.
"Disputes of jurisdiction between the People's Courts, as well as disputes of jurisdiction between the People's Courts and special courts with jurisdiction in civil matters shall be decided by the Regional Court within whose jurisdiction those courts have their seat; otherwise the Supreme Court shall decide. ';
6.
"The commandment of a case to another court (§ 17), whether a case should be sought and decided by the Supreme Court or ordered by another court (§ 18), as well as disputes concerning jurisdiction and disputes concerning jurisdiction (§ 19) shall be decided without oral hearing."
7. Paragraph 29 (3) is deleted.
8.
"Representation of the state.
(1) The State (state institutes, establishments) is a court-martialed authority of the State to which the case relates.
(2) This institution shall be treated before a court on behalf of the State (state institutes and establishments) by a person called upon by the relevant provisions or by an employee of that authority; that authority may, at its request, be represented by another administration, lawyer or agent. ';
9. § 32, the title of which is placed under the heading, reads:
"(1) Any person who is civil and is not a prostitute can be a proxy. However, it may not be the one who has been deprived of the right to conduct the trial, unless it is the representation of his spouse or another person living with him as a member of the family.
(2) A unified trade union organisation may also be a delegate if it is to represent a member of the trade union; for which its staff may also act before a court on behalf of a party. ';
10. Paragraph 31 becomes paragraph 33; Paragraph 33 is deleted.
11. in Paragraph 57, the words "or referee" or "referee" are deleted in paragraph 1 (b), paragraph 3.
12.
"(1) Each participant shall itself bear the costs associated with its procedural acts and the costs of the acts ordered by the court on its behalf; the costs associated with the provision and activity of the guardian shall be borne by the person who initiated the provision and, if there is no such initiative, by the person in whose interest the guardian has been appointed.
(2) Unless otherwise specified, the tenderers shall bear these costs without any right to reimbursement. ';
13. Paragraph 128 (2) reads as follows:
"(2) If the advance has not been lodged in due time, the court shall assess whether the intended procedural action is to be carried out or to be waived; If a procedural act is carried out, the State shall bear the costs associated with it, but shall enforce them on the party to the execution. ';
14.
"(1) The Court of First Instance shall admit to the party the costs necessary for the effective application or defence of the law, including the costs of legal representation, if the party has had full success against the defendant in the case.
(2) If the participant had only partial success in the matter, the Court of First Instance shall apportion these costs, if they are cancelled.
(3) Although the participant had only partial success, the court may grant him compensation for all these costs, if the failure was only in a relatively small part of its claim, or if the determination of the amount of its right of discretion or expert opinion depended. '
15. in Paragraph 133, the text of which is renumbered paragraph 1, the words "which entered the proceedings pursuant to Article 6 (1)" shall be inserted after the word "Prosecutor."
16. the following paragraph 2 is added to Paragraph 133:
"(2) The costs associated with the procedural acts of the prosecutor who has submitted an application to initiate proceedings pursuant to Article 6 (3) shall be borne by the State; where the party in whose interest the prosecutor has made an application for the initiation of proceedings has acted incorrectly in the proceedings, he shall be entitled to reimbursement of the costs or to reimbursement by the State in his place. ';
17. The following shall be inserted after Section 139:
"If the party to whom the costs have been charged has been represented by a lawyer, the party to whom the costs have been paid shall be obliged to pay the lawyer's advice. The claim of costs attributable to the participant shall be subject to a lien and may be recovered by the debtor on his own behalf. Only those costs which have been attributed to the debtor in the same proceedings against the party to whom the lawyer has represented may be counted; However, this does not apply if the State is obliged to reimburse the costs (state institution, establishment). '
18. Paragraph 142 (1) of the second sentence reads:
"A representative shall be appointed either from among judges or other judicial staff competent to do so or from lawyers; If a lawyer has been appointed as a representative, he shall be appointed by the leading counsel designated by the court. '
19. Paragraph 3 of the following text is added to Paragraph 142:
"(3) He to whom a representative has been appointed pursuant to paragraph 1 shall not be obliged, unless otherwise specified, to pay the costs of his legal representation. If he is entitled to reimbursement, the remuneration for representation, if the lawyer has been appointed as a representative, shall form part of the costs. '
20. The following section 144a is inserted after Section 144:
"Save as otherwise provided, the State shall bear:
(a) expenditure on judicial acts, where the participant has been exempted from such expenditure;
(b) the issue of a representative established pursuant to Article 142 (1) or Article 144 (1) is necessary. ';
21.
"(1) If the respondents of a participant exempted from judicial fees and advances have been ordered to reimburse costs in whole or in part, the court shall, in addition to the costs or part thereof to be reimbursed to the respondent, in particular the costs or part thereof (including the judicial fee) which the respondent, if not also exempted from the fees and advances, shall pay to the State; This provision shall be applied mutatis mutandis to the compensation required for the issue and remuneration of representation provided that a representative has been appointed to the participant in accordance with § 142 (1) or § 144 (1).
(2) If the proceedings between these parties have ended with a court settlement, the content of the court settlement on the substance of the matter shall be decisive in determining the costs (including the court fee) to be paid by the defendant of the exempted party to the State. "
22. In Article 172 (1), the words "the District Court 'are replaced by the words" the Court of First Instance'.
23. Paragraph 173 (2) shall be supplemented by the words "or in a court of law which is not competent (Paragraph 175 (2))."
24.
"(1) The appeal may be lodged by written document or oral application; a lawyer, even if he is a party, may lodge an appeal only in writing.
(2) The appeal shall be brought before the court which delivered the judgment. If an appeal is lodged before another court, that court shall refer it immediately to the court responsible. '
25. Paragraph 177, the text of which, after the sentence after the semicolon has been crossed, becomes paragraph 1, shall be added to paragraph 2 of the following text:
"(2) If the application to initiate proceedings is withdrawn after the judgment has been delivered by the Court of First Instance and the Court of Appeal has given effect, the judgment of the Court of First Instance shall also be annulled. '
26. Paragraph 180 (1) of the first sentence reads:
"In the cases referred to in Paragraph 179 (1), the Court of Appeal shall refuse the appeal by order without oral action, even if the conditions for refusal are established itself before the order of the oral proceedings. '
Paragraph 183 (2) reads as follows:
"(2) The parties may, until the end of the appeal proceedings, amend their applications on the substance of the case before the Court of First Instance if the results of the proceedings before the Court of Appeal in relation to the results of the proceedings before the Court of First Instance of the First Chamber are the basis for the proceedings for the amended application. '
Paragraph 28 (186) (1) reads as follows:
"(1) The Court of Appeal may, by order, revoke the judgment of the Court of First Instance and refer the case back to the Court of First Instance and to the judgment, in particular where the Court of First Instance did not deal with the facts of the case in essential points. '
29. In Section 190, the words "the District Court 'are replaced by the words" the Court of First Instance'.
30. Paragraph 191 becomes paragraph 1 and paragraph 2 is added:
"(2) A complaint against the order of the requested court, if the law does not exclude it, shall be admissible if it is for legal aid requested by the foreign court (office). '
Article 31 (210) reads:
"(1) The Prosecutor-General or the President of the Supreme Court may file a complaint against a final decision of any court in civil matters for infringement of the law if he considers that the law has been infringed in proceedings or decisions.
(2) For procedural defects, a infringement complaint may be lodged only if a decision has been taken on a case which does not fall within the competence of the Czechoslovak courts or at least of the general courts, or if the procedural defects may have resulted in an incorrect decision on the matter.
(3) The infringement complaint cannot be lodged against the decision of the Supreme Court on the infringement complaint. "
32. Paragraph 211 (2) (c) reads as follows:
"(c) a statement as to whether only a statement is proposed that the law has been infringed or that the original decision has been annulled."
Article 33 (211) (3) reads as follows:
"(3) Pending the decision on the complaint, its reasons and proposal may be changed. '
Paragraph 212 reads:
"Requesting court files.
Both the Attorney General and the President of the Supreme Court may request files from any court in order to assess whether there are grounds for a complaint for infringement. '
35. In Paragraph 213, the words "if the Prosecutor General also proposes the revocation or amendment of the original decision 'are replaced by" if the Prosecutor General or the President of the Supreme Court also proposes the annulment of the original decision'.
Paragraph 36 of Paragraph 215 reads:
"(1) The Supreme Court shall either state that the law has been infringed or shall not comply with the complaint; If the law has been infringed by decisions of several courts, it shall always state which courts have infringed the law. The judgment must be justified; the Supreme Court shall deliver it to the Attorney General and, if possible, to the participants or their successors in title.
(2) If, before a decision by the Prosecutor General or by the President of the Supreme Court who lodged a complaint, the Supreme Court shall also, in the judgment, revoke the judgment in which the law was infringed, following the case before it.
(3) If the Supreme Court has not already decided to revoke pursuant to paragraph 2, the party or his successor in title may propose such revocation within 15 days of the date of service of the judgment (paragraph 1). The application shall be lodged before the Supreme Court in writing or orally. The application shall be deemed valid if it has been lodged in a court of the first or second stools or in a protocol with another court which is not competent; If the application has been lodged with one of these courts, it shall be referred immediately to the Supreme Court. An application for annulment shall be decided by the Supreme Court without oral hearing. '
37. § 216 reads:
"Proceedings after the Supreme Court ruling.
If the Supreme Court has annulled the judgment by which the law has been infringed, after the procedure before it (Paragraph 215 (2) and (3)), it shall also state in its decision whether and what measures should be taken by the court which infringed the law. In a new decision, the courts shall be bound by the legal opinion of the Supreme Court; in that decision, they shall also decide on the costs of the main proceedings. ';
38. In Section 217, the words "Except in the case referred to in Section 216 'are replaced by the words" Except where the original decision is annulled'.
39. In the title and text of § 218, the words "or change 'and the words" or changes' are deleted.
40.
"Withdrawal of the application to initiate proceedings does not require the court to give effect to it."
Paragraph 246 (1) reads as follows:
"(1) The Senate shall negotiate and decide on the education and nutrition of children (with the exception of the provision of a national child allowance), on the arrangements for parents' contact with children, on the authorisation to marry (§ 252), on the approval of important acts of the guardian for the guardian (§ 256), on the removal of the guardian, on the surname, after the child's name, on the exercise of parental power, on all its limitations and on its termination."
42. the following Section 251a is inserted after Section 251:
"The execution of certain decisions.
Any person who does not voluntarily submit to a judgment of a court on parental power, the raising of children, contact with them or their location shall use the court referred to in Article 244 to enforce that decision by appropriate means of enforcement. These funds may also, if the other funds are not sufficient in the circumstances of the case, be fines of up to 5 000 Kčs for each individual failure to comply with the court, after being forced to bring the child to the parent (placement of the child, etc.); the fines obtained are for the State. ';
43. Paragraph 262, the text of which is renumbered paragraph 1, is added to paragraph 2 of the following text:
"(2) The prior provisions on jurisdiction, occupation of the court and proceedings shall be applied mutatis mutandis to the provision of national childcare allowance to persons over 18 years of age and to decisions on the protection of such persons in nurseries. '
44. Paragraph 279 becomes paragraph 278.
45. § 279 reads:
"If the defendant recognises his paternity in a paternity proceedings, the court shall hear the mother if her consent to the recognition is necessary or if she does not itself sue the finding of paternity whether she agrees to the recognition; if they agree, the court shall suspend the paternity proceedings. ';
46. Paragraph 278 becomes paragraph 280 and becomes paragraph 1; paragraphs 2 and 3 are added:
"(2) Upon expiry of the time limits laid down for the denial of paternity by the Law on Family Law, the Prosecutor-General may, if he is of general interest, bring an action for the denial of paternity against the father, mother and child. If one of them is not alive, he may sue the others for denial of fatherhood. If none of them are alive, they may sue the guardian appointed by the court for the case.
(3) The provisions of the second part shall apply mutatis mutandis to the proceedings for denial of paternity. ';
47. § 285 reads:
"He who is to be deprived of his powers shall, as a rule, be examined by two experts."
48. In Paragraph 289 (3), the second sentence is deleted.
49. Paragraph 293 (1) reads as follows:
"(1) The Court of First Instance, in whose jurisdiction it is an institution, shall initiate, on its own initiative, proceedings for the authorization of detention in the Institute and shall, if possible, take a decision thereon within 30 days of the date of receipt of the notification provided for in Article 292. Such proceedings shall not be initiated by the court if the court or prosecutor has ordered the institution to be admitted. '
50. In Paragraph 301 (3), the words "and at least once in a daily press lift 'are deleted.
In Section 305, the sentence behind the semicolon is deleted.
52. In Paragraph 308 (2), the words "a prosecutor" are deleted.
53. The following sentence is added to Paragraph 315:
"The sale of cases shall be carried out in accordance with Article 564a, unless the court decides otherwise. '
54. In § 317, the first sentence is deleted and the second sentence is deleted with the word "i."
55. the following Section 317a is inserted after Section 317:
"For the purposes of the proceedings for the treatment of inheritance, the court may appoint guardians to all heirs, legalists and other participants, provided that they no longer have a legal representative, even if the competent court would be different to the provisions of the guardians under Paragraph 244. '
56. § 323 the second sentence is deleted.
57. Paragraph 324 of the second sentence reads: "At the same time, they shall be advised that they may refuse inheritance within one month, unless the court has established a longer period, and what are the formalities and consequences of rejection."
58. In Paragraph 326 (1), the words "in the presence of a writer 'are deleted.
Paragraph 330 (1) reads as follows:
"(1) The court shall determine the general price of the property at the time of death of the deceased, the amount of the debts and the net cost of the inheritance; it shall also indicate whether and how it deviated from the inventory drawn up. ';
60.In Paragraph 334 (e), the words "to be" are confused with the word "possible."
61 Paragraph 335 is added to the following paragraph 3:
"(3) If the heirs are not assessed as having taken over a case which cannot be jointly owned by two or more persons under the law, the court hearing the succession shall order the sale of such a case; the sale shall be made in accordance with Article 564. ';
Paragraph 62 (337) (3) is deleted.
63. Paragraph 368 of the first sentence reads: "The Court of First Instance shall invite the competent authority of the State to comment on the claims applied for."
64.§ 389 reads:
"(1) The application for admission to testify or cancellation of the lease without notice shall also specify the subject matter of the lease and the period of notice or the period during which the lease is to be cancelled without notice.
(2) The proposal must be delivered to the tenants in their own hands. The driving order is permissible. Before deciding on a case, the court must give the local national committee an opportunity to comment.
(3) The competent admission to testify replaces the statement; in the judgment giving rise to the statement, the court shall determine the time when the lease is to end and when the lease is to be surrendered to the lessee as if the notice had been given for the next period of notice. The court shall determine in the judgment the time when the lease is to end and when the lessee is to turn over the subject of the lease, even if the lease is cancelled without notice. '
65th Paragraph 394 reads:
"(1) The courts shall rule on appeals against the purposes of the Central National Insurance Corporation and the State Pension Insurance Office, unless the appeal procedure is otherwise governed.
(2) For the purposes of legal proceedings in the matters of pension insurance (supplementary insurance and pension improvement), they shall also be considered as bodies of the State Pension Insurance Office.
(a) county national insurance undertakings, in so far as an appeal is directed against their purposes or is represented by the State Pension Insurance Office in an appeal proceedings against their purposes;
(b) pension improvement facilities, where the appeal is directed against their purposes. "
66. § 395 reads:
"(1) The court in whose jurisdiction the head office of the insurance undertaking (central offices or other organisational units of the Central National Insurance undertaking) has issued the measure shall decide on appeals against the purposes of the Central National Insurance Corporation. If an insured person (his family member or survivor) is brought an appeal, he may choose his general court instead.
(2) Decisions on appeals against the purposes of the State Pension Insurance Office (Slovak Pension Insurance Office or other institutions) are the competent court at the seat of the Regional Court, in whose territory the General Court has an appeal. '
67.
"(1) An appeal against the measure of the Central National Insurance Corporation or the State Pension Insurance Office shall be filed with the requirements of Section 43.
(2) The application shall be submitted within 30 days of the date of delivery of the notice. If, before the expiry of that period, the applicant requests the State Pension Insurance Office to communicate the calculation of the pension benefit, the period shall be calculated only from the date of receipt of the calculation to the claimant.
(3) The application shall be made in writing in duplicate or orally, in the case of a competent court or a national regional insurance undertaking, in whose territory the applicant has his domicile or registered office. The application against the measure of the Central National Insurance Corporation shall be considered valid even if it has been lodged with a court other than the competent court or the competent organisational component of the Central National Insurance Corporation. An application against an area of the State Pension Office shall be deemed valid even if it has been submitted to that office or its body which issued the measure.
(4) The relevant organisational component of the Central National Insurance Corporation or the State Pension Insurance Office with which the application has been lodged shall be required to forward it immediately to the competent court. ';
Paragraph 68 (397) (1) reads as follows:
"(1) The competent court shall deliver the application to the insurance undertaking which issued the notice. The insurance undertaking may comply with the application within 30 days of its receipt. If he does not do so, he shall submit observations to the court within the same time limit. If the undertaking complies with the application, it shall inform the court which shall terminate the proceedings and decide on the reimbursement of the costs of the applicant. ';
Paragraph 3 of the following text is added to Paragraph 397:
"(3) The provisions of paragraphs 1 and 2 shall be applied mutatis mutandis where the proposal for an appeal is made against an area of the State Pension Office. ';
Paragraph 70 of Paragraph 398 (1) reads as follows:
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Regulation Information
| Citation | Act No. 68 / 1952 Coll., ktorím sa menu and complements the civic súdny poriadok |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.11.1952 |
|---|---|
| Effective from | 01.01.1953 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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