Decree No. 70 / 1959 Coll.
The Order of the Complete Remains the Obcianske Súdne Poriadku
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70
Order of the Minister of Justice
of 24 November 1959
on the full version of the Civil Code *)
Pursuant to Article IX of Act No. 46 / 1959 Coll., on the amendment of the jurisdiction of the courts and on the amendment and addition of certain provisions in the field of justice and state notaries, I declare in the Annex the full text of Act No. 142 / 1950 Coll., on the Civil Procedure (Civil Code) as follows.
Dr Skoda v. r.
Annex to Decree No. 70 / 1959 Coll.
Law
of 25 October 1950, No 142 Coll.,
on civil procedure (Civil Code of Procedure), as amended
The National Assembly of the Czechoslovak Republic decided on the following Act:
GENERAL PROVISIONS
BASIC PROVISIONS
Purpose of the law
(1) The Civil Code regulates the proceedings in civil matters before the general courts, their decisions and the enforcement of their decisions in such a way as to ensure the swift and effective protection of the property and personal rights of citizens as well as property rights and the legal interests of the State and of socialist legal persons.
(2) In carrying out such acts, the court shall proceed without unnecessary formalities. It shall ensure that the true state of the matter is established in a broad manner and shall strengthen socialist legality by making fair decisions and educate citizens to fulfil their civil obligations.
Scope of the provisions of Part One
The provisions of the first part of this Act, with the supplements and derogations set out in the second to fourth parts, apply to civil proceedings before general courts.
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 of the Regional Court, the Supreme Court decides in the second seat of the Supreme Court. In which other cases the Supreme Court shall decide, the law shall be laid down.
The Senate. The sole judge
(1) The courts normally exercise judicial authority in chambers.
(2) Where a single judge (hereinafter referred to as "the Judge ') is in proceedings under the law, he shall have the rights and obligations of the Chamber and the President of the Chamber.
Participants
The party to proceedings shall be the one whose rights or obligations are to be decided in the proceedings, or who may be directly affected by the judgment of the court in its rights, or who the law designates as a party.
Prosecutor
(1) If the prosecutor is of the opinion that this requires the protection of the interests of the State or of the workers, he may intervene in any period of time and is then entitled to all procedural acts which may be carried out by the party in accordance with the state of the proceedings.
(2) The Court of First Instance shall inform the prosecutor who entered the proceedings of any conduct which it informs the parties of and shall deliver to him all documents which are served on the parties.
(3) If a proposal is needed to initiate proceedings, the prosecutor may also make such a proposal, if he considers that it requires the protection of 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.
Instructions and lessons for participants
The Court of First Instance shall give the workers the necessary instructions for carrying out their duties in the court, instruct them of the legal consequences of such acts or of their omission, and shall ensure that, in the absence of general or legal education, they do not suffer harm to their rights.
Courts and Courts
COMPETENCE OF THE COURT
General Court
(1) The General Court of the party against whom the application is directed or, if there are a number of such parties, the General Court of one of them shall be competent for the proceedings in the first chair.
(2) If there is no party against whom the application is directed, or if the proceedings are opened on an official basis, the general court of the party in question shall be responsible for the purpose of the proceedings.
(3) If there are several courts concerned, the choice of the applicant or the overarching shall be decided.
The general court of the party concerned shall be the court in whose territory the party is domiciled and, if he is not domiciled, the court of his residence.
If a Czechoslovak citizen does not have a general court in the Czechoslovak Republic, the proceedings in his case may be brought before the court in whose district he was last resident or resident.
(1) The General Court of the State shall be the court within whose jurisdiction the case to which the proceedings apply; if there is no such case, the court in whose district there has been an event from which the claim was established.
(2) The general court of legal persons shall be the court in whose jurisdiction the legal person has its registered office; in doubt, the place where management is maintained shall be considered as the seat. Where the case concerns predominantly an organisation-lower management of legal persons, their general court shall be the court in whose jurisdiction it is situated. The Minister of Justice may, in agreement with the ministers involved, provide for a regulation which is understood to be an organisation of lower management.
Determination of jurisdiction by the Supreme Court
If there is no doubt that the case falls under Czechoslovak jurisdiction, and if the conditions of jurisdiction are lacking or cannot be ascertained, the court of jurisdiction designated by the Supreme Court shall be competent.
Jurisdiction for procedural acts which do not require decision-making
(1) Each People's Court shall have jurisdiction:
(a) draw up, in the form of a report, proposals for the initiation of proceedings, other proposals, applications and observations for proceedings before the courts;
(b) deliver notification of the reservation of resistance pursuant to Article 51 of the Civil Code; notifications shall be made to their own hands;
(c) verify copies and signatures.
(2) These procedural acts shall be carried out by the Judge.
Duration of jurisdiction
The jurisdiction of the court shall be assessed according to the circumstances which are present at the time of the initiation of the proceedings and shall continue until the case is brought to an end, even if the circumstances which have decided on jurisdiction have changed.
Territorial scope of the activity of the court
(1) The courts only perform procedural acts in their constituency.
(2) However, where there is a danger of delay or where this is strictly necessary for the proper assessment of the case, the court may carry out individual procedural acts outside its own jurisdiction.
Request
(1) If the People's Court is requested by another Czechoslovak court to carry out a procedural act, it shall comply with the request.
(2) The People's Courts are obliged to comply with the request of the Czechoslovak authorities (authorities of the state), as provided for in specific provisions.
(3) If the court cannot carry out the requested procedural action in its district and if the competent court is known to it, it shall refer the request; otherwise it will return the request.
(4) The procedural acts of the requested court shall be carried out by the Judge.
(5) Disputes arising between the requesting court (State Administration Authority) and the requested court are decided by the Regional Court to the requested court by the superior.
Commandment of the case to another court
Disputes of jurisdiction and jurisdiction
(1) If the People's Court cannot act on a particular matter because its judges are excluded, its superior court shall order the matter to another People's Court; If the case is to be ordered to a People's Court in the district of another Regional Court or if the commandment of another Regional Court goes, the Supreme Court shall decide.
(2) The same shall apply on application by a party or on the initiative of a court for reasons of suitability. Such a proposal has no suspensive effect.
(1) At the request of the President of the Supreme Court or of the Attorney General, the Supreme Court may,
(a) if it considers it necessary to withdraw the case from the competent People's Court and order it to proceed with the proceedings and to decide on the Regional Court;
(b) withdraw, for important reasons, the case in which the appeal against the judgment of the People's Court of First Instance was brought and decide on its own appeal.
(2) The court which then takes its decision on the case is governed by the rules on the procedure applicable to the court to which the case has been removed.
Disputes concerning jurisdiction between the People's Courts and disputes concerning 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 decides.
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 in disputes concerning jurisdiction and disputes concerning jurisdiction (§ 19) shall be decided without oral hearing.
Place and time of judicial proceedings
(1) The actions of the court shall normally take place in the court building. Where the nature of the action so requires, or where this is necessary to expedite proceedings, to clarify the matter properly or for other important reasons, in particular educational matters, the actions of the court and outside the courthouse shall be carried out.
(2) If an action is to be carried out in the building of a public administration, public institution or undertaking, this must be announced in advance to the person responsible for their management.
(3) In military or military-occupied buildings and businesses or in public forces buildings, the court may carry out the necessary action only with the permission of the competent chief.
(4) On working days, the operations may be carried out in specially justified cases.
EXCLAIMS OF THE COURT OF JUSTICE
Grounds for exclusion of judges (judges from the people)
(1) Judges (judges from the people) are excluded from the exercise of the judicial office if, in view of their relationship with the case or with the participants, their legal representatives or agents, it is possible to doubt their impartiality.
(2) In addition, judges (judges from the people) who participated in the decision-making process or in lower-ranking proceedings are excluded from the upper seat.
Decision to exclude judges (judges from the people)
(1) The grounds of exclusion shall be taken into account by the court on its own initiative during each period of proceedings.
(2) The participant is obliged to draw the court's attention to the grounds of exclusion as soon as it has heard of them.
(3) As soon as the judges (judges from the people) have heard of the reason for their exclusion, they shall refrain from further judicial proceedings unless they are acts which do not allow delay and shall inform the President of the Court of Justice of their observations. The President of the Court shall inform his representative if the reason for the exclusion is present with the President of the Court and, if no representative is present or if the court is unable to act, the President of the Regional Court's superior; If it goes to the President of the Regional Court, it shall notify the President of the Supreme Court.
(4) If the Judge (member of the Chamber, Chamber) whose exclusion is concerned agrees to this, the President of the Court or his representative shall assign the case to another Judge (Chamber) or shall appoint a Judge (Judge) of another people to the Chamber in his place. Otherwise, the other Chamber of the same court shall decide on the exclusion.
(5) If the district court would, as a result of the exclusion of those unable to act, decide to exclude the superior regional court; If there is a regional court, the Supreme Court will decide.
(6) Exclusion shall be decided without oral action.
Exclusion of other institutions
Article 21 and Article 22 of the Rules of Procedure shall apply mutatis mutandis to the exclusion of auxiliary judicial authorities and non-judicial authorities of the Court, with the exception that the President of the Court decides to exclude them.
PERSONS INTERESTED IN THE PROCEDURE
PROCEDURES
Who has a procedural capacity
Any person may act as a party to the proceedings individually (as a party to the proceedings) to the extent that he or she can undertake his or her own actions.
Representation of a procedural ineligible participant
A procedural incapacitated participant shall be represented by a legal representative.
Authorisation to represent
The legal representative shall, if this is not already known to the court, demonstrate, in his first procedural act, the right to represent and, if necessary, a specific authorisation.
Examination of the procedural capacity and removal of its deficiency
(1) The lack of procedural capacity, legal representation and special authorisation required shall be taken into account by the court on its own initiative during each period of proceedings.
(2) If this deficiency can be remedied, the court shall order its removal within a reasonable time. In doing so, it may continue the proceedings, but it may not take a decision terminating the proceedings. If the deficiency cannot be remedied, or if the time limit for its removal has expired, the Court of First Instance shall abolish the present proceedings; Where proceedings have been initiated on application, the court shall, in addition, reject the application.
The lack of procedural capacity or legal representation shall be removed by continuing the proceedings or the legal representative entering the proceedings without calling for such a deficiency.
Provisions of the guardian
(1) If there is a danger of delay, the court shall appoint a guardian to a procedural ineligible party without a legal representative. Such action may also be taken by the President of the Chamber, without oral action.
(2) Where there is a danger of delay, this provision shall also apply to a procedural party who is unable to take part in the proceedings.
POWER AND FULL MOC
Representation by agent
The participant may be represented by an agent. A participant may not have more than one agent in the same case at the same time, even if it has more legal representatives.
State representation
(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 public authority, lawyer or agent.
Who can be the agent
(1) Any person of his or her right may be a proxy who is civil and is not a tenant. 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 may also be a delegate if it is to represent its member; its staff may also act before the court on behalf of a party.
Representation of persons unable to express themselves clearly
A participant (legal representative) who is unable to express himself clearly may be ordered by the court to appoint an agent; If the agent is not appointed in such a case, the court shall act as if the party (the legal representative) had not acted in the proceedings. This must be learnt by the participant (legal representative).
Power of attorney
The authority of the court must be established by a letter (power of attorney). They may also be granted orally.
Power of attorney
empowerment may be granted for several matters or for a particular matter (procedural authorisation) or for individual procedural acts.
Procedural power of attorney
(1) The procedural power of attorney shall entitle the agent to all acts which the principal may perform and cannot be restricted.
(2) If the agent is not a lawyer, he shall not be entitled to appoint a representative.
Duration of procedural power of attorney
A procedural power of attorney does not cease to exist, nor does it alter its procedural capacity or change its legal representation.
Appeal and declaration of attorney
(1) The appeal of power of attorney and the statement of power of attorney shall become effective against the court at the moment when the court is notified thereof; against persons involved in the proceedings only when they have been notified through the court.
(2) The agent shall remain entitled, entitled and obliged to act as principal, 15 days after the notification has been received to the principal, if this is necessary to ensure that the principal does not suffer legal harm.
The consequences of a lack of power of attorney
(1) The lack of power of attorney shall be taken into account by the court on its own initiative during each period of proceedings.
(2) If a person acts as an agent and does not show full authority, the court may negotiate with him, but shall order him to submit the power of attorney subsequently within a reasonable period of time. Until that happens, the court cannot make a decision ending the proceedings.
(3) If no authority of attorney is presented within the time limit specified by the court, the court shall proceed as if no one had acted as a party. This must be learned by a person who acts without power of attorney.
(4) The court shall, on application, order the person acting without power of attorney to pay the costs which it has incurred.
PROCEDURE BEFORE THE COURT OF FIRST INSTANCE
COURT OF JUSTICE BEFORE INITIATING THE PROCEDURE
The legal circumstances in which the nature of the case so permits may be organised with the approval of the Judge by a court settlement prior to the initiation of proceedings before any People's Court. The judge will not approve of a settlement, if it is a law or a general interest.
INITIATION OF THE PROCEDURE, PROPOSALS AND ADMINISTRATION
Initiation
(1) Proceedings before the court of the first stools shall be initiated on application or on official duty. It shall only be initiated under official responsibility if the law so provides.
(2) If an application is necessary for the initiation of proceedings, the proceedings shall be opened as soon as the court has completed the application (§ 42). Proceedings shall be initiated as soon as the court has carried out the first procedural act.
Application to initiate proceedings
An application to initiate proceedings shall be lodged in writing or orally before a court in the proceedings. The application shall be lodged with the competent court; If they appear in another folk court, they shall refer it to the competent court.
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Regulation Information
| Citation | Decree No. 70 / 1959 Coll., on the complete remains the Civic Súdne Poriadku |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.12.1959 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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