What is Act No. 7 / 2009 Coll.?

Act No. 7 / 2009 Coll., amending Act No. 99 / 1963 Coll., Civil Code, as amended, and other related law — Act amending Act No. 99 / 1963 Coll., Civil Code, as amended, and other related law.

When it became Act No. 7 / 2009 Coll. effectiveness?

Act No. 7 / 2009 Coll. became effective 01.07.2009.

Is Act No. 7 / 2009 Coll. still valid?

Yes, Act No. 7 / 2009 Coll. is still valid and effective.

Act No. 7 / 2009 Coll. - Act amending Act No. 99 / 1963 Coll., Ci...

7

THE LAW

of 11 December 2008

amending Act No. 99 / 1963 Coll., the Civil Code, as amended, and other related laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the Civil Code

Čl. I

Act No. 1 / 2006, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 6, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 6, Act No. 6, Act No. 6, Act No. 5, Act No. 6 / 2000, Act No. 5, Act No. 5, Act No. 6 / 1999, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 6, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 6, Act No. 6, Act No. 6, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2006, Act No. 2006, Act No. 2006, Act No. 2006, Act No. 2006, Act No. 5, Act No. 5, Act No. 2005, Act No. 2005, Act No. 1999, Act No.

1. In Article 9 (3) (r), the words "from other commercial obligations, including claims for damages and the issue of unjustified enrichment between entrepreneurs in their business' are replaced by the words" between entrepreneurs in their business from other commercial obligations, including claims for damages and the issue of unjustified enrichment '.

2. In Article 11, at the end of paragraph 1, the sentence "A court whose jurisdiction can no longer be examined by law or whose jurisdiction has been determined by a final decision of the competent court shall always be liable."

3. In Article 29 (3), the words "unknown heirs of the deceased have not yet been established in the succession proceedings," shall be inserted after the words "also."

4. In Paragraph 29, at the beginning of paragraph 4, the sentence "The guardian referred to in paragraphs 1 to 3 may be appointed as a lawyer. The other person may only be appointed as guardian if he or she agrees. '

5. In Paragraph 31 (1), the words "guardian or otherwise 'shall be inserted after the words" established'.

6. In Paragraph 31 (2), the words "guardian or otherwise 'shall be inserted after the words" He was'.

7. In Article 35 (3), the words "and (i) 'are inserted after the words" paragraph 1 (b) to (d)'.

8. In Paragraph 35 (4), the words "public prosecutor 'are replaced by" public prosecutor'.

9. In Paragraph 36a (3), the words "the Board of Appeal shall act and decide 'shall be replaced by the words" the Chamber shall act and act at first instance, if the law so provides, and the appeal procedure'.

10.Paragraph 38 (2) reads as follows:

"(2) The authorisation referred to in paragraph 1 shall not apply to applications for legal aid abroad, to the provisions of the inheritance administrator pursuant to Article 175f (2), to the revocation of the order on inheritance pursuant to Article 175w and to the issuing of a certificate pursuant to Article 175z (1). ';

11. in Paragraph 40 (1):

"(1) The acts in which the court negotiates with the parties, takes the evidence or announces the decision shall be recorded in the form of a sound or visual recording (hereinafter referred to as" the record "). The record shall be kept on a durable medium of data contained in the file. ';

12. in Paragraph 40, the following paragraphs 2 to 6 are inserted after paragraph 1:

"(2) Where the acquisition of an alert is not possible, or where the law so provides, a record shall be drawn up of the acts in which the court negotiates with the parties, takes evidence or announces the decision, the protocol. The court may decide to draw up a record at the same time as the issuing of the alert. If the parties, representatives or the public and the court are not present in the act, they shall carry out only documentary evidence or declare a decision, sufficient to obtain the Protocol. In the event of a breach of protocol and alert, the alert shall prevail. The protocol is always written about the action by:

(a) reconciliation has been concluded,

(b) an agreement has been concluded on the education and nutrition of a minor child;

(c) an agreement has been concluded on contact with a minor child;

(d) a settlement agreement has been concluded;

(e) an agreement has been concluded to leave an overindebted inheritance to cover debts; or

(f) the entitlement referred to in Article 153a (1) has been recognised.

(3) A transcription of an alert or part thereof shall always be made in matters relating to the care of a minor court, where an ordinary or exceptional appeal is brought in respect of the substance of the case, or where the court so decides. The first sentence shall not apply if the Court of First Instance decides to refuse an appeal pursuant to Paragraph 208 (1) or if a protocol has been issued.

(4) The actions carried out by the judicial commissioner or court executor shall be recorded in the form of an alert or protocol.

(5) The transcription of an alert or part thereof shall indicate the present case, the presence of which shall be indicated, the date on which the alert is made, the date on which the transcription is made and the literal structured transcription of the alert. The transcript shall be signed by the person who prepared it.

(6) The report shall indicate the case in question, indicate the persons present, describe the course of the taking of evidence and indicate the content of the submissions, the instructions given to the participants, the statements of the decision and the observations made by the participants as to whether they are waiving the appeal against the decision made; if it is replaced by a procedural protocol, it shall also have its requirements. ';

Paragraphs 2 and 3 shall be renumbered paragraphs 7 and 8.

13. The following Paragraph 40b is inserted after § 40a:

„§ 40b

(1) Any dispute or other legal matter shall be kept on paper or in electronic form.

(2) Save as otherwise provided in the law, the President of the Chamber or whoever has signed it under the authority of the President of the Chamber or under the law shall sign a paper form drawn up in the act of the court. A copy thereof shall be drawn up if necessary; it is signed by the person who made the copy.

(3) Save as otherwise provided in the law, an electronically drawn-up act of the court shall be provided by the President of the Chamber or by whoever has made it, under the authority of the President of the Chamber or under the law, by his guaranteed electronic signature based on a qualified certificate issued by an accredited certification service provider (hereinafter referred to as the "recognised electronic signature ').'

14. In Paragraph 41, the words "even if a written form is prescribed for the validity of a substantive act shall be added at the end of the text of paragraph 3. Paragraph 40 (3) shall apply mutatis mutandis'.

15. In Paragraph 44, the following paragraph 4 is added:

"(4) Paragraphs 1 to 3 shall apply mutatis mutandis to the recording, to the provision of copies thereof or to other means of recording the contents of the instrument. ';

16. Paragraph 45, including the headings and footnotes No 58a, reads:

"Delivery

§ 45

Means of service

(1) The document shall be served by the court at the hearing or other judicial action.

(2) If the document referred to in paragraph 1 has not been served, the court shall forward it via the public data network to the data box 58a). If it is not possible to deliver a document via a public data network to a data box, the court shall, at the request of the addressee, deliver it to another address or to an electronic address.

(3) If the document referred to in paragraph 2 cannot be served, the President of the Chamber shall order it to be served by:

(a) the service authority; or

(b) the party or his representative.

58a) Act No. 300 / 2008 Coll., on electronic operations, personal numbers and authorized conversion of documents. '.

Article 17 (45a) to (45f) shall be deleted.

Paragraph 18 (46) and (46a), including the headings, read:

„§ 46

Address for delivery via public data network

(1) The address for service via the public data network is the address of the data box registered under the special legislature58a).

(2) By means of a public data network, the court shall deliver to the electronic address communicated by the addressee to the court if the court so requested or agreed to the service of the document and if it has indicated an accredited certification service provider who has issued and maintained its qualified certificate or has submitted its valid qualified certificate.

§ 46a

Address for delivery

(1) The address shall be delivered to the address for service and may also be delivered to it at any other place where it will be reached.

(2) If the addressee so requests, the court shall deliver to another address or e-mail address which it has communicated to him, unless the law or nature of the case so precludes it, in particular if it can help speed up the proceedings. This address is the delivery address for the given procedure.

(3) The addressee of the proceedings shall, without undue delay, communicate to the court any changes to any facts relevant to the service referred to in paragraph 2, such changes shall be effective against the court once they have been notified to the addressee. "

19. The following Sections 46b and 46c are inserted after Section 46a, including the headings and footnotes No 58b and 58c:

„§ 46b

Address for service via the service authority, the party or his representative

If the addressee has not given the address of the place in the Czech Republic to which the documents are to or may be served, the address for service of the document served by the service authority, the party or his representative shall be:

(a) in the case of a natural person, the address registered in the population registration information system to which the document is to be served (58b); where such address is not registered, the address of the place of residence, kept under special legislation 58c),

(b) in the case of an undertaking, the address of the place of business or the address of the service agent referred to in the contract, in dispute with that contract; where the natural person undertaking has an organisational component, the address of the branch's registered office;

(c) in the case of a natural person in the execution of a prison sentence or in custody, the address of the prison in which he carries out the sentence or detention;

(d) in the case of a natural person in an establishment for the performance of a protective measure, a security detention, a constitutional or protective education address of that establishment;

(e) in the case of a legal person, the address of the registered office registered in the relevant register or the address of the service representative referred to in the contract, in dispute with that contract; where the legal entity has an organisational component, the address of the organisational body's registered office,

(f) to lawyers, the address of their registered office;

(g) for notaries, the address of their notarial office;

(h) for court executors, the address of their office;

(i) in the case of patent agents, the address of their registered office or residence registered with the Chamber of Patent Representatives;

(j) for insolvency administrators, the address of their registered office on the list of insolvency administrators;

(k) to the State, the address of the seat of the competent organisational body of the State, in the case of the Office for the Representation of the State, of the property address of its respective territorial establishment;

(l) to the Prosecutor's Office, the address of its registered office,

(m) at the administrative offices, the address of their registered office;

(n) in the case of municipalities and higher local authorities, the address of the seat of the municipal office and the address of the seat of the regional office or the City of Prague.

§ 46c

Service representative

(1) Where it is not possible for a party or his representative to service documents without difficulty or delay, the President of the Chamber shall invite him without delay to choose a representative for the service of documents; This shall not apply in cases where a party to the proceedings or a representative is in the exercise of a custodial sentence, in custody or in an establishment for the enforcement of a protective measure of security detention, constitutional or protective custody, where a party to the proceedings or a representative enjoys diplomatic privileges and immunities, is in the apartment of the person who enjoys diplomatic privileges and immunities, or is to be served in a building or a room protected by diplomatic immunity, or where the party to the proceedings or representative is a soldier in active service, a member of the Police of the Czech Republic, a member of the Fire Department of the Czech Republic or a Member of the Prison Service and a judicial guard which cannot be delivered otherwise than through the Regional Military Command, Ministry of the Interior or Ministry of Justice.

(2) Where a party or his representative does not elect a representative for service of documents within the prescribed time limit, or where it is not possible to serve such representative without difficulty and delay, they shall be served on the documents before the service court. The Participant or its representative shall be informed of this in the invitation referred to in paragraph 1.

(3) He who has been prohibited from staying in an apartment or other place where he could be served (§ 46a (1) and (2)) will be asked by the court, when executing the judgment (§ 273b), to communicate to the court, if it is not possible to deliver it via the public data network, the address to which he will be able to deliver documents during the duration of the measure (§ 46 and § 46a (1), or to choose a representative for the service of the document. If he does not comply with the request, the documents shall be served on him by application to the court; He must be informed about this consequence in the call.

(4) The document lodged in court pursuant to paragraphs 2 and 3 shall be deemed to have been served on the date of the deposit.

58b) § 10b (1) of Act No. 133 / 2000 Coll., on the registration of residents and birth numbers and on the amendment of certain laws (Act on the registration of residents), as amended by Act No. 7 / 2008 Coll.

58c) § 10 of Act No. 133 / 2000 Coll., as amended. § 77 of Act No. 325 / 1999 Coll., on Asylum and amending Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended, (Act on Asylum), as amended. '

20. Sections 47 and 48, including the headings and footnotes No 58d, read:

„§ 47

Service via public data network

(1) Delivering via a public data network to a data box shall be carried out in accordance with the special legislation 58a).

(2) When service of a document pursuant to Paragraph 46 (2), the court shall invite the addressee to confirm the service to the court within 3 days of the date of dispatch of the document by means of a data message bearing its guaranteed electronic signature.

(3) Service via a public data network to an electronic address shall be ineffective if the document sent to the electronic address has been returned to the court as unreportable or if the addressee has not confirmed receipt by the data message referred to in paragraph 2 within 3 days of dispatch of the document.

§ 48

Service through the delivering authority

(1) The delivering authorities are:

(a) the service providers of the courts;

(b) the judicial guards,

(c) court executors,

(d) postal operators.

(2) The delivering authorities are also:

(a) the prison service of the Czech Republic, in respect of the service to natural persons in the execution of a prison sentence or in custody,

(b) facilities for the performance of constitutional or protective education, if they are for service to natural persons located in such establishments;

(c) an institution for the performance of security detention, if it is about delivering to natural persons located in that establishment;

(d) Regional Military Command, if it is about delivering to soldiers in active duty and the document cannot be delivered otherwise;

e) Ministry of Interior, if it is about delivering to members of the Police of the Czech Republic and the document cannot be delivered otherwise,

(f) the Ministry of Justice (hereinafter referred to as "the Ministry"), when it comes to service to natural persons enjoying diplomatic privileges and immunities, or persons who are in the apartment of those who enjoy diplomatic privileges and immunities, or persons to whom the document is to be served in a building or a room protected by diplomatic immunity.

(3) By means of postal service operators, a document may be served only if, under a closed postal contract (58d), the postal service operator is obliged to deliver a consignment containing the document in the manner prescribed for service by this law.

58d) Act No. 29 / 2000 Coll., on postal services and amending certain laws (Act on postal services), as amended. '

21. Sections 48a to 48i shall be deleted, including the headings and footnotes 61, 61a to 61d.

22. Article 49 and 50, including the headings, read:

„§ 49

Service of documents into their own hands

(1) Documents for which the law or order the court so provides shall be served in their own hands.

(2) If the service authority has not reached the addressee of the document, it shall deposit the document and leave the addressee an appropriate written notice to pick up the document. If it is not possible to leave a notice at the place of service, the service authority shall return the document to the court of departure and indicate the date on which the addressee was not contacted. The sending court shall issue an invitation to collect the document in the court on the official record.

(3) Written notice is required

(a) at the establishment of the postal service operator, where the document is served through it;

(b) in a court to which a document has been returned because of the impossibility of leaving a notice,

(c) in other cases, the district court in whose district the place of service is situated.

(4) If the addressee does not collect the document within 10 days of the date on which it was ready for collection, the document shall be deemed to have been delivered on the last day of that period, even if the addressee has not been informed of the deposit. The service authority shall, after a futile expiry of that period, throw the document into the home or other addressee of the used box, unless the court or tribunal, on its own motion, excludes the transfer of the document to the mailbox. If there is no such box, the document shall be returned to the court of departure and the notice shall be posted on the official record of the court.

(5) The service referred to in paragraph 4 shall be excluded in the case of documents for which the law so provides or ordered by the President of the Chamber. In such a case, the service authority shall return the document to the sending court after a period of 10 days has expired in vain from the date on which it was ready for collection.

(6) Service of a document through a public data network shall be deemed to be service into the addressee's own hands.

(7) If the service authority finds that the addressee has died, it shall return the document with a report to the transmitting court.

§ 50

Service of other documents

(1) If the service authority has not reached the addressee of the document, it shall throw the document into the home or other addressee of the clipboard used; the document shall be deemed to have been delivered by way of an entry into the mailbox, the date of entry shall be indicated by the service authority on the delivery note and on the document.

(2) If it cannot be served in accordance with paragraph 1, the service authority shall return the document to the court of departure and leave a written notice at the place of service. The sending court shall service the document by hanging on the official record of the court; the document shall be deemed to have been delivered on the 10th day following the date of the hanging. The same procedure shall apply if it is not possible to leave a notice at the place of service; Article 49 (7) shall apply mutatis mutandis. ';

23. Article 50a to 50i, including the headings, read:

„§ 50a

Beneficiaries of documents

(1) The persons referred to in § 46b (e), (k), (m) and (n) are entitled to accept the document as persons referred to in § 21 to 21b, or, where appropriate, other persons empowered to do so, or for whom this is normal because of their working or other similar relationship with the addressee.

(2) The natural person concerned shall be entitled to accept the document in respect of whom it has been authorised or in respect of whom it is customary because of their working or other similar relationship with the addressee.

(3) A document addressed to the lawyer, notary, judicial executor and patent agent may be accepted for them by the persons empowered to do so or by their staff. Where such persons are engaged together with other persons, they may also be accepted by those other persons and their staff.

(4) A letter addressed to a lawyer who carries out a lawyer as a member of a trading company may be accepted as such by the statutory authority, the other members of that company or by its staff and the persons empowered to do so. If a lawyer is engaged in employment with another lawyer or with a company, his employer, his staff and the persons empowered to do so may accept the document.

§ 50b

Service by a representative of a participant

(1) Where a participant has a representative, only representatives shall be served unless the law provides otherwise.

(2) Where a party has a procedural proxy, the President of the Chamber shall order the service of the document (s) only to that representative, unless the law provides otherwise.

(3) Where a party has granted authorisation only for certain acts, the President of the Chamber shall order the service of a document (electronic document) only by his representative, provided that the power of attorney expressly authorises him to do so, unless the law provides otherwise.

(4) The document shall also be served on the participant,

(a) if the party is to appear in person for questioning or for any other action by the court, or if he is to do otherwise in person in the proceedings;

(b) if the participant is represented by a legal representative in accordance with § 23;

(c) if the notice of service of the order of the guardian's provision pursuant to paragraphs 29, 187 (1), 191b (2) and 192 (1) of Section 192 of the judgment of the guardian of the party whose residence is unknown goes to a party who has not been able to deliver to a known address abroad, to the deceased's unknown heirs, if the succession has not yet been established in the proceedings, and the legal person who, as a party to the proceedings, cannot be present before the court because the person is not entitled to act on it, or is disputed by the person entitled to act, shall, however, be served only to the other parties and the appointed guardian and shall be served on the official record of the court;

(d) where a guardian has been appointed to the party because he is unable, for reasons other than mental illness, to take part in proceedings for a transitional period or because he is unable to express himself clearly;

(e) if the court so decides.

§ 50c

Denial of receipt of the document

(1) Where the addressee of the document refuses to accept the document served, the document shall be deemed to have been served on the date on which the receipt of the document was refused; the addressee of the document must be informed accordingly.

(2) The addressee of the document must, at the request of the service authority, demonstrate his identity or provide any other assistance necessary for the proper service of the document. Where the addressee or the addressee of the document refuses the procedure referred to in the first sentence, the document shall be deemed to have been served on the date on which the proof of identity or the provision of cooperation was refused; the addressee of the document must be informed accordingly.

(3) The information referred to in paragraphs 1 and 2 shall be provided orally on service or in writing; a written instruction shall be given to the beneficiary. If it is not possible to pass on a written instruction to the recipient, it may be left in the addressee's home or other box used by him or in another appropriate place.

§ 50d

Ineffectiveness of delivery

(1) At the request of a party, the sending court shall decide that the service is ineffective if the party or his representative has not been able, for an justifiable reason, to know the document. The application shall be lodged within 15 days of the date on which it became acquainted with the document delivered. In addition to the general requirements (Paragraph 42 (4)), the application must specify the date on which the party to the document served became acquainted or could be acquainted with it and the indication of the evidence by which the timeliness and justification of the proposal should be demonstrated.

(2) In the cases referred to in Article 120 (2), if the procedure is not contested, the court shall decide whether the service is inefficient, even on its own motion, if it is clear according to the contents of the file that the party or his representative could not, for an justifiable reason, have become aware of the document.

(3) The application referred to in paragraph 1 may not be made after it has already acquired legal authority in a judgment which has been declared to be divorced, that the marriage is null and void or that it is not there, and that judgment which has been annulled, annulled or absent a registered partners33c) ("the partnership ').

(4) An apology referred to in paragraph 1 may not be the fact that a natural person is not permanently staying at the service address, the fact that no one is staying at the service address in the case of an undertaking or legal person.

(5) Where the court decides that the service of the document is ineffective, the document shall be deemed to have been served on the date of the decision on ineffectiveness.

§ 50e

Service by a party or his representative

(1) At the request of the party or his representative, the court may order the service of a document in its own hands or other document. The mandate is not a court decision.

(2) The person authorised under paragraph 1 shall transmit the document to the addressee at the address for service or at any point in time. The addressee shall confirm receipt of the document; the certificate shall contain a description of the document delivered, which has been entered in the envelope, the date of service and the signature of the addressee. The document shall be deemed to have been received on the date indicated in the certificate of service.

(3) If the addressee refuses to accept the document or the tenderer or his representative fails to service the document, the party or his representative shall immediately return the document to the court.

§ 50f

Delivery card

(1) Where the court delivers a document in the course of a hearing or another judicial act in respect of which a record is drawn up, it shall mention it in the record of the hearing or in the report which has been drawn up on another judicial act. The Protocol shall specify, in addition to the other elements (Paragraph 40 (6)), which documents have been served. The protocol shall also be signed by the person who carried out the service and the consignee.

(2) Where the document has been delivered via a public data network to an electronic address, the service is demonstrated by a data report of the addressee, bearing his guaranteed electronic signature, confirming receipt of the document.

(3) Where a document is served by a court in an act not covered by the Protocol or by means of a service body, the service of the document shall be indicated on the service. The delivery note is a public document. If the opposite is not demonstrated, the information given on the letter shall be deemed to be true.

(4) In the case of service by a participant or his representative, the receipt document shall be the date and signature of the consignee.

(5) Where service cannot be demonstrated by any of the methods referred to in paragraphs 1 to 4, it may also be demonstrated otherwise.

§ 50g

Carrots

(1) The delivered product shall contain:

(a) an indication of the court which has transmitted the document for service;

(b) the indication of the service authority;

(c) the description of the document served;

(d) the name of the addressee and the address to which the document is to be served;

(e) a statement by the service authority of the date on which the addressee was not contacted, the date on which the document was handed over to the addressee or the consignee, the date on which the document was prepared for collection, the date on which the receipt of the document was refused or the assistance necessary for the proper service of the document was given,

(f) an hour and a minute of service, if the note "the exact time of service" has been marked,

(g) the name and surname of the bearer, his signature and the stamp of the service authority,

(h) the name and surname of the person who took over the document or who refused to take over the document or who did not provide the assistance necessary for the proper service of the document, if this information is known to the service authority, an indication of its relationship with the addressee if the document was accepted as addressee and its signature;

(i) an indication as to whether it is impossible to place the document in the mailbox.

(2) Where a document has been lodged, the service note must also indicate whether the addressee has been asked to collect the document.

(3) Where the addressee or, where appropriate, the consignee has obtained the document deposited, the service shall also include:

Citation	Act No. 7 / 2009 Coll., amending Act No. 99 / 1963 Coll., Civil Code, as amended, and other related law
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	08.01.2009
Effective from	01.07.2009
Effective until	-
Status	Valid

Act No. 7 / 2009 Coll.

Act amending Act No. 99 / 1963 Coll., Civil Code, as amended, and other related law

Contents