What is Full text of Act No. 69 / 2001 Coll.?

Full text of Act No. 69 / 2001 Coll., Act No. 99 / 1963 Coll., Civil Code of Procedure, as resulting from subsequent amendments — Full text of Act No. 99 / 1963 Coll., Civil Code of Procedure, as resulting from subsequent amendments.

When it became Full text of Act No. 69 / 2001 Coll. effectiveness?

Full text of Act No. 69 / 2001 Coll. became effective date not available.

Is Full text of Act No. 69 / 2001 Coll. still valid?

Yes, Full text of Act No. 69 / 2001 Coll. is still valid and effective.

Full text of Act No. 69 / 2001 Coll.

Full text of Act No. 99 / 1963 Coll., Civil Code of Procedure, as resulting from subsequent amendments

Valid Declared full text

Text versions: 22.02.2001

ČÁST PRVNÍ HLAVA PRVNÍ § 1 § 2 § 3 § 4 § 5 § 6 HLAVA DRUHÁ § 7 § 8 § 8a § 9 § 9a § 10 § 10a § 11 § 12 § 13 § 14 § 15 § 15a § 15b § 16 § 16a § 16b § 17 § 17a HLAVA TŘETÍ § 18 § 19 § 20 § 21 § 21a § 21b § 22 § 23 § 24 § 25 § 25a § 26 § 27 § 28 § 28a § 29 § 30 § 31 § 32 § 33 § 34 § 35 HLAVA ČTVRTÁ § 36 § 36a § 36b § 36c § 36d § 37 § 38 § 38a § 39 § 40 § 40a § 41 § 41a § 41b § 42 § 43 § 44 § 45 § 45a § 46 § 47 § 47a § 48 § 48a § 48b § 48c § 48d § 49 § 50 § 50a § 50b § 51 § 52 § 53 § 54 § 55 § 56 § 57 § 58 ČÁST DRUHÁ § 59 § 60 § 61 § 62 § 63 § 64 § 65 § 66 HLAVA PRVNÍ § 67 § 68 § 69 § 70 § 71 § 72 § 73 HLAVA DRUHÁ § 74 § 75 § 75a § 76 § 76a § 77 § 78 § 78a ČÁST TŘETÍ HLAVA PRVNÍ § 79 § 80 § 81 § 82 § 83 § 84 § 85 § 85a § 86 § 87 § 88 § 89 § 89a § 90 § 91 § 91a § 92 § 93 § 94 § 95 § 96 § 97 § 98 § 99 § 100 § 101 § 102 § 103 § 104 § 104a § 105 § 106 § 107 § 107a § 108 § 109 § 110 § 111 § 112 § 113 § 113a § 114 § 114a § 114b § 115 § 115a § 116 § 117 § 118 § 118a § 118b § 118c § 119 § 119a HLAVA DRUHÁ § 120 § 121 § 122 § 123 § 124 § 125 § 126 § 127 § 128 § 129 § 130 § 131 § 132 § 133 § 133a § 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 § 175za § 175zb § 175zc § 175zd § 176 § 177 § 178 § 179 § 180 § 180a § 180b § 181 § 182 § 183 § 184 § 185 § 185a § 185b § 185c § 185d § 185e § 185f § 185g § 185h § 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 § 200g § 200h § 200i § 200j § 200k § 200l § 200m § 200n § 200o § 200p § 200q § 200r § 200s § 200t § 200u § 200v § 200w § 200x § 200y § 200z § 200aa ČÁST ČTVRTÁ HLAVA PRVNÍ § 201 § 202 § 203 § 204 § 205 § 205a § 205b § 206 § 207 § 208 § 209 § 210 § 210a § 211 § 211a § 212 § 212a § 213 § 214 § 215 § 216 § 217 § 218 § 218a § 219 § 220 § 221 § 221a § 222 § 222a § 223 § 224 § 225 § 226 § 227 HLAVA DRUHÁ § 228 § 229 § 230 § 231 § 232 § 233 § 234 § 235 § 235a § 235b § 235c § 235d § 235e § 235f § 235g § 235h § 235i HLAVA TŘETÍ § 236 § 237 § 238 § 238a § 239 § 240 § 241 § 241a § 241b § 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 § 260a § 260b § 260c § 260d § 260e § 260f § 260g § 260h § 261 § 261a § 262 § 262a § 263 § 264 § 265 § 266 § 267 § 267a § 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 § 304a § 305 § 306 § 307 § 308 § 309 § 309a § 310 § 311 § 312 § 313 § 314 § 314a § 314b § 315 § 316 § 317 § 318 § 319 § 320 § 320a HLAVA ČTVRTÁ § 321 § 322 § 323 § 324 § 325 § 325a § 325b § 326 § 326a § 326b § 327 § 328 § 328a § 328b § 329 § 330 § 331 § 331a § 332 § 333 § 334 § 334a § 335 § 335a § 335b § 336 § 336a § 336b § 336c § 336d § 336e § 336f § 336g § 336h § 336i § 336j § 336k § 336l § 336m § 336n § 336o § 336p § 337 § 337a § 337b § 337c § 337d § 337e § 337f § 337g § 337h § 338 § 338a HLAVA PÁTÁ § 338b § 338c § 338d § 338e HLAVA ŠESTÁ § 338f § 338g § 338h § 338i § 338j § 338k § 338l § 338m § 338n § 338o § 338p § 338q § 338r § 338s § 338t § 338u § 338v § 338w § 338x § 338y § 338z § 338za § 338zb § 338zc § 338zd § 338ze § 338zf § 338zg § 338zh § 338zi § 338zj § 338zk § 338zl § 338zm § 338zn § 338zo § 338zp § 338zq HLAVA SEDMÁ § 339 § 340 § 341 § 342 § 343 § 344 § 345 § 346 § 347 § 348 § 349 § 350 § 351 § 351a ČÁST SEDMÁ § 352 § 353 § 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

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PRESIDENT OF THE GOVERNMENT

Announces

Act No. 2000 / 2000, Act No. 20 / 1975 Coll., Act No. 133 / 1982 Coll., Act No. 20 / 1993 Coll., Act No. 160 / 1995 Coll., Act No. 117 / 1994 Coll., Act No. 152 / 1995 Coll., Act No. 152 / 1995 Coll., Act No. 84 / 1995 Coll., Act No. 54 / 1995 Coll.

CITIZENS 'COURT OF JUSTICE

The National Assembly of the Czechoslovak Socialist Republic decided on this law:

ČÁST PRVNÍ

GENERAL PROVISIONS

HLAVA PRVNÍ

BASIC PROVISIONS

§ 1

The Civil Code provides for 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, for the fair performance of duties and for respect for the rights of other persons.

§ 2

In civil proceedings, the courts shall examine and decide disputes and other legal matters and enforce decisions which have not been voluntarily complied with; ensure that the rights of natural and legal persons are not violated and that rights are not abused 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 discuss and decide disputes and other legal matters arising from civil, professional, family and commercial 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) Unless otherwise provided for in the law, the courts of the district shall be responsible for the proceedings at first instance.

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

(a) in matters of individual protection under the Civil Code and the protection of third-party rights, where appropriate, under the legislation on collective information,

(b) disputes arising from the application of rights and obligations under legislation on the protection of personal data in information systems, 39)

(c) in disputes concerning claims under the copyright law, 40) in respect of claims for threats and infringements under the copyright law, and in respect of claims for wrongful enrichment obtained at the expense of those to whom they attest rights under the copyright law;

(d) disputes concerning the mutual settlement between the employer and the recipient of the pension insurance and pension provision provided unjustly or at a higher rate than that due;

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

(3) The Regional Courts also rule in commercial matters as first instance courts

(a) in matters relating to the business register, the register of companies of general interest and the fund register;

(b) in the statutes of companies, cooperatives and other legal persons under the first, second and fourth commercial codes, 41)

(c) matters arising from legal relations relating to the establishment of trading companies, cooperatives, public utility companies, foundations and foundations;

(d) in proceedings for the annulment and liquidation of a public utility company and the appointment of its liquidator, 42)

(e) in proceedings for the cancellation and liquidation of the Foundation or the Foundation or the Foundation Fund, the appointment of a liquidator or the Foundation Fund and the appointment of new members of the Board of Directors of the Foundation or the Foundation Fund, 43)

(f) in proceedings for the annulment of a public undertaking and for the appointment and removal of its liquidator, 44)

(g) in disputes arising from legal relations between trading companies (cooperatives) and their founders (partners or members), as well as between members (members or founders), in the case of relations relating to participation in a company (member's relationship with a cooperative), in the case of relations arising from contracts transferring the share of a member (members' rights and obligations) and in the case of relationships relating to the increase of the capital (accession of a member), in the absence of jurisdiction under point (b),

(h) disputes between trading companies (cooperatives) and their statutory bodies, liquidators or other bodies, and disputes between members and statutory authorities, liquidators or other bodies, in relation to relations relating to the performance of their duties;

(i) disputes arising from legal relations between an entrepreneur, a community of general interest, a foundation or a fund of foundations and an asset manager belonging to their bankruptcy proceedings, or, where appropriate, a forced trustee appointed by them;

(j) in disputes arising from legal relations between the procurer and the entrepreneur who granted the procurer and, where more than one person has been awarded the procurer, from legal relations between those persons;

(k) in competition matters, 45)

(l) disputes concerning the protection of the rights of the infringer or threatened by unfair competitive negotiations (46) and the infringement or threat of the right to commercial secrecy, 47)

(m) in matters of the protection of the name and reputation of a legal person, 48)

(n) disputes concerning the right to trade name, 49)

(o) disputes concerning claims based on industrial property, claims for threats and infringements of industrial property rights and claims for the issue of unjustified enrichment obtained at the expense of those to whom industrial property rights attest,

(p) disputes concerning notes, cheques and other securities, derivatives and other values that are negotiable on the capital market;

(q) in disputes between commodity stock exchanges,

(r) disputes arising from other commercial obligations, including disputes concerning compensation and the issue of unjustified enrichment between entrepreneurs in their business activities, with the exception of disputes

1. Credit agreements, 50) on current account 51) and on deposit accounts 52) and on collateral; the provisions of point (p) are without prejudice to this;

2. the compensation and the issue of unjustified enrichment resulting from the contracts referred to in point 1 and their provision;

3. determining property ownership and the nullity of the real estate transfer contract;

4. about the right to foreign affairs, 53)

5. related to the rental of real estate, flats and non-residential premises,

6. in respect of cash transactions, if the amount requested by the applicant does not exceed CZK 100,000; no account shall be taken of the accessories of the claim,

(s) bankruptcy and settlement matters,

(t) in disputes brought about by bankruptcy or settlement, unless it is a settlement of the joint or other assets of the spouses;

(u) capital market matters.

(4) The Supreme Court of the Czech Republic ("the Supreme Court") shall act as a court of the first instance, where specific legislation so provides.

§ 9a

In order to hear an action under Paragraph 91a, the regional or regional courts shall have jurisdiction at first instance, depending on which of those courts is in the first instance the case or the law to which the applicant is entitled.

§ 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 deal with the case because its judges are excluded (Sections 14, 15 (2) and 16 (a)), 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. Participants shall have the right to comment on the court to which the case is to be ordered and, in the case of paragraph 2, the ground for which the case should be ordered.

§ 13

repealed

Exclusion of Judges

§ 14

(1) Judges and alternates shall be excluded from hearing and ruling a case where, in view of their relationship with the case, the parties or their representatives, there is reason to doubt their unbiased nature.

(2) Judges who have discussed or decided a case in a lower degree court and vice versa are also excluded from the upper degree court. The same applies when it comes to decision-making on the application.

(3) Judges who have given the contested decision or discussed the case shall also be excluded from hearing and deciding on an action for confusion.

(4) The grounds for excluding a judge (associate) are not circumstances which consist in the procedure of a judge (associate) in the proceedings in the present case or in its decision in other cases.

§ 15

(1) As soon as the judge or associate becomes aware of the facts for which he is excluded, he shall notify the President of the Court without delay. In proceedings, only acts which cannot be delayed may be taken.

(2) The President of the Court shall, on the basis of the work schedule, appoint another Judge (s) referred to in paragraph 1 or, in the case of notification by all members of the Chamber, order the case to another Chamber; If this is not possible, it shall refer the matter to a decision under Paragraph 12 (1). If there is an exclusion pursuant to Paragraph 14 (1) and the President of the Court considers that there is no reason to doubt the unbiased nature of the judge (associate), he shall refer the matter to the court referred to in Article 16 (1).

§ 15a

(1) Participants shall have the right to make their views known to the persons of the Judges and their alternates who, according to their work schedule, are to discuss and decide the matter. They must be instructed by the court.

(2) The participant shall object to the bias of the Judge (s) at the latest at the first hearing attended by the Judge (s) whose exclusion is concerned; if, at that time, he did not know of the reason for the exclusion, or if that reason arose later, he may object within 15 days of being informed of it. A party may later object to the bias only if he has not been informed by the court of his right to speak to the persons of the Judges (sitting).

(3) The objection of bias must specify, in addition to the general requirements (Paragraph 42 (4)), against which judge (s) the defendant is directed, in which case the reason for the doubt about his or her bias is seen, or when the opposing party has become aware of it, and what evidence can be established.

§ 15b

(1) In order to decide on the objection of bias, the court will bring the case before its superior court with the observations of the Judges (s) concerned. In proceedings, only acts which cannot be delayed may be taken.

(2) The provisions of paragraph 1 shall not apply if the objection was brought before or during the proceedings in which the case was decided and if the court considers that the objection is not justified.

(3) The provisions of paragraph 1 shall also not apply where a party has invoked the same circumstances in the objection which have already been decided by a superior court (by another Chamber of the Supreme Court) or if the objection is manifestly late.

§ 16

(1) The superior court in the Chamber shall decide whether a judge or an associate is expelled. The exclusion of judges of the Supreme Court shall be decided by another Chamber of the same court.

(2) The court referred to in paragraph 1 shall reject the late application (Paragraph 15a (2)).

(3) Proof of the reason for the exclusion of the Judge (associate) shall be carried out by the court referred to in paragraph 1 either alone or through the requested court. In the absence of evidence, the decisions referred to in paragraphs 1 and 2 need not be ordered.

§ 16a

(1) If it has been decided that the Judge (s) is excluded, the President of the Court shall designate another Judge (s) instead of him or, if all members of the Chamber have been excluded, he shall order the matter to another Chamber; If this is not possible, it shall refer the matter to a decision under Paragraph 12 (1).

(2) Where the decision has been annulled by an appeal or an appeal court or by an action for confusion because the Judge-elect (s) excluded has taken a decision in the case, or where the court of appeal or of appeal or of appeal has ordered the case to be dealt with in the further proceedings and the decision of another Chamber (s) is to be taken by analogy with paragraph 1.

§ 16b

The order of the superior court under Article 16 (1) and (2) shall be binding on the court and the parties; the provisions of Sections 205 (2) (a), 221 (1) (b), 229 (1) (e) and 242 (3) of the second sentence are not affected.

§ 17

The President of the Chamber shall decide whether the Registrar or another member of staff of the court and the expert or interpreter is excluded; Articles 14 (1), 15, 15a (1) and (3) and 16 (3) shall apply mutatis mutandis. No appeal is admissible against his order.

§ 17a

(1) The removal of a notary from the duties of a judicial commissioner is decided by the court which mandated the notary to carry out the acts of a judicial commissioner; Paragraph 14 to 16a shall apply mutatis mutandis. No appeal is admissible against his order.

(2) The expulsion of notarial associates, notarial candidates or other staff of the notary shall be decided by the court which mandated the notary to perform the duties of the judicial commissioner; In doing so, it shall act mutatis mutandis in accordance with Article 17.

HLAVA TŘETÍ

PARTICIPATION IN THE PROCEDURE

Participants

§ 18

(1) Participants shall have an 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.

(2) A participant whose mother tongue is different from the Czech language, the court shall establish an interpreter as soon as such a need becomes apparent in the proceedings. The same applies if there is an interpreter's provision for a participant with whom there is no other communication than sign language. 54)

§ 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) He shall act as a legal person

(a) its statutory authority; where the statutory authority consists of more than one natural person, the chairman or, where appropriate, his / her member who has been entrusted with it shall act as a legal person; or

(b) its staff member who has been entrusted with this task by the statutory authority; or

(c) the head of its fissile plant or the head of another of its organisational units, which the law provides to be entered in the Commercial Register, if the case concerns that plant (s); or

(d) its procuring entity, if it can act on its own basis.

(2) Paragraph 1 shall not apply where such or special law provides that other persons act as a legal person. 55)

(3) Where a compulsory administration has been established with a legal entity, the latter shall act as a forced administrator who, under the law, has the status of its statutory body or, where appropriate, the staff of the legal entity entrusted by it; otherwise the procedure laid down in paragraphs 1 and 2 shall be followed.

(4) The person whose interests are contrary to the interests of the legal person may not act as a legal person.

(5) Anyone acting as a legal person must demonstrate his / her competence. There is only one person who can act as a legal person at the same time.

§ 21a

(1) The organisational body of the State responsible shall act as a court in accordance with a specific law.

(2) Before a court on behalf of a State, the Head of the State's organisational body, or the staff member appointed by it, shall act on behalf of the State.

(3) Paragraph 21 (4) and (5) applies mutatis mutandis.

§ 21b

(1) The municipality and the higher territorial authority shall act as the person who is entitled, under a special law, to represent them on the outside, or their staff member who has been entrusted with it.

(2) Paragraph 21 (4) and (5) applies mutatis mutandis.

Representatives of participants

(a) by law

§ 22

A natural person 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 President of the Chamber may decide that a natural person who does not have full legal capacity must be represented in the proceedings by his legal representative, even if it is a case in which he may otherwise act alone.

(b) on the basis of force majeure:

§ 24

(1) The party may be represented in the proceedings by a representative of his choice. 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.

(2) In a procedure in which classified information protected by a special law is discussed, 56) only natural persons may be represented by participants who are certified for the relevant classification level of such information issued under a special law or have been instructed under that law (§ 40a (1)).

§ 25

(1) The representative may always elect an attorney. The lawyer can only be granted a power of attorney for the whole procedure (hereinafter referred to as "procedural power of attorney ').

(2) The lawyer is entitled to be represented by another lawyer or, except in cases where the representation of a lawyer is compulsory under this law, by a lawyer associate or his staff member as an additional representative.

§ 25a

(1) A participant may also choose a representative of a notary; a notary may represent a participant only within the scope of his or her authorisation provided for by specific provisions. 57) The notary can only be granted procedural power of attorney.

(2) A notary shall be entitled to be represented by another notary and, except in cases where he is a notary under this law, a notary candidate or a notary associate.

§ 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 Office for the International Law Protection of Children (hereinafter the Office) may represent a party in proceedings for the care of minors, in determining or amending the maintenance obligation and in proceedings for the enforcement of a decision imposing an obligation to pay maintenance, if the case relates to abroad.

(3) If a trade union organisation or the Office of Representation is involved, it shall act on their behalf as the represented person referred to in Section 21.

§ 27

(1) A participant may also be represented by any natural person having full legal capacity. 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.

§ 28

(1) The representatives chosen by the participant shall, in writing or orally, grant to the Protocol a procedural power or power of attorney only for certain acts.

(2) 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.

(3) If a participant chooses another representative, it is true that it has also given notice of the full authority to the representative.

(4) Signatures in writing, in the appeal of, or in its denunciation, shall be officially authenticated only if the law so provides or if the President of the Chamber so decides.

(5) If the represented person loses his capacity to be a party to the proceedings or if a representative dies or dies, the power of attorney shall cease.

(6) If nothing else comes out of the power of attorney, the power of attorney shall cease to exist on the date of the decision which has ended the proceedings for which it was granted.

§ 28a

(1) The procedural power of attorney 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.

(2) Full authority for certain acts only authorises representation in those acts which have been expressly stated in full.

§ 29

(1) If a natural person is not represented as a party to the proceedings who is unable to act individually before a court, 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) The guardian shall also be appointed by the President of the Chamber to a legal person who, as a party to the proceedings, is prevented from acting before the courts because there is no person entitled to act for him or because it is questionable who is the person entitled to act for him (§ 21) if there is a risk of delay.

(3) If he does not take other measures, the President of the Chamber may also appoint a guardian to a party whose residence is unknown, who has failed to deliver to a known address abroad, who has been affected by a mental illness or for other health reasons cannot, not only for a transitional period, participate in proceedings or who is unable to express himself clearly.

(4) Unless the court has decided otherwise, the guardian established under paragraphs 1 to 3 shall appear in proceedings before the Court of First Instance, the appeal and the appeal proceedings.

§ 30

(1) The President of the Chamber shall, at his request, appoint a representative if necessary to protect his interests. The President of the Chamber shall be obliged to instruct the tenderer to make such a request.

(2) Where the protection of the interests of a participant so requires, or where the provision of a procedural representative is made by a lawyer (notary), the President of the Chamber shall, in the case referred to in paragraph 1, appoint a lawyer representative.

§ 31

(1) The designated representative shall have the same status as the representative on the basis of a procedural mandate.

(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

Common provision

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Regulation Information

Citation	Full text of Act No. 69 / 2001 Coll., Act No. 99 / 1963 Coll., Civil Code of Procedure, as resulting from subsequent amendments
Regulation Type	Declared full text
Author	-
Collection	Code of Laws

Date of Promulgation	22.02.2001
Effective from	-
Effective until	-
Status	Valid

Legal Areas: Securities Finance Culture Civil law Civil law substantive Civil law of procedure Commercial law Trade Register Commercial companies Political parties and movements Self-administration Judicial and Public Prosecutor's Office Administrative authorities Administrative law Constitutional (state) law Elections and Election Law Health

The regulation text is for informational purposes only.