Regulation No 74 / 1949 Coll.
Order of the Minister of Justice implementing certain provisions of Act No 322 / 1948 Coll., on the Advocate General's Order
Valid
Effective from 01.01.1949
74.
Order of the Minister of Justice
of 21 February 1949
implementing certain provisions of the Law of 22 December 1948, No 322 Coll., on Advocate General (Law)
The Minister of Justice hereby orders pursuant to Paragraph 39 of the Law of 22 December 1948, No 322 Coll., on the Advocate General's Order:
(1) The prescribed professional competence under § 2, paragraph 2 of Act No 322 / 1948 Coll. (hereinafter referred to as the "Act") is to understand:
(a) having completed legal studies;
(b) the successful composition of the professional judicial examination;
(c) legal practice for a period of five years with a lawyer or with a court.
(2) If the central association of lawyers in Prague (hereinafter the "central association") so decides, the period of five years provided for in paragraph 1 (c) may be reduced to three years.
(3) The Minister of Justice may waive the formalities provided for in paragraph 1 or any of them.
The prescribed professional competence under Section 23 (1) of the Act is to understand with the benefit of completed legal studies. The Minister of Justice may forgive, in whole or in part, the required study; This is waived and the requirement laid down in Paragraph 1 (1) (a).
The Central Association and the Regional Association of Advocates ("Regional Association ') shall immediately notify the Ministry of Justice of their resolutions and measures.
Acceptance as a member of the Regional Association (§ 12, paragraph 1 of the Act), transfer of a member (§ 12, paragraph 2 of the Act), establishment of a Deputy Director (§ 15, paragraph 1 and § 31, paragraph 1 of the Act), exclusion of a member (§ 14, paragraph 1 of the Act), takeover and takeover of an existing lawyer (§ 37, paragraph 2 of the Act), renunciation of membership of the Regional Court, death of a member and establishment of a liquidator (§ 15, paragraph 2, § 37, paragraph 2 of the Law), notification of the Regional Association to the Ministry of Justice, the President of the Supreme Court, the Regional Court of Justice and the Regional Court of the National Committee of its Region, as well as to the Central Association and to be declared in the Official Gazette.
If a court of disciplinary action asks that a deputy lawyer be set up by the Regional Association (Paragraph 31 (1) of the Law), it shall inform the lawyer against whom the disciplinary action has been initiated; from the date of service of that notification, the lawyer may not, in person, engage in legal proceedings. The Court of Justice may at any time propose that this measure be repealed.
(1) Lawyers who were members of the Bar Association at the date of the entry into force of the Law may apply to the Regional Association responsible for their registered office within the time limit set by that Association to take over as a member of the Regional Association.
(2) A liquidator appointed by a non-transferee shall, within one month, ensure that the parties elect a new lawyer and, in the meantime, represent and protect them from legal harm under the existing power of attorney.
The Regional Association may establish a deputy and a member against whom an exclusion procedure has been initiated (Section 14 of the Act).
(1) In particular, who, under the order of the Regional Association, carries out the liquidation of a law firm shall:
(a) inform the parties of the termination of the authorisation of the existing legal representative to conduct the trial and to issue them or their new legal representative of the files and documents for further action;
(b) recover claims and fulfil obligations;
(c) to settle and collect the salaries of the regional association as an attorney; However, it may withhold the amounts necessary to pay the debts, in particular taxes and levies;
(d) to issue to the former lawyer or his successors, in agreement with the regional association, amounts released during the liquidation and surpluses after the liquidation;
(e) take all measures necessary to complete the winding-up of the Office as soon as possible.
(2) The costs of liquidation are borne by the liquidated substance of the law firm.
In the exercise of supervision, in particular in the imposition of orders, the Regional Association may hear a member of the association concerned. The order imposing an order of order must be justified.
This Regulation shall enter into force on 1 January 1949.
Zaporocký v. r.
Dr Cap v. r.
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Regulation Information
| Citation | Regulation No. 74 / 1949 Coll., implementing certain provisions of Act No. 322 / 1948 Coll., on the Advocate's Order |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.03.1949 |
|---|---|
| Effective from | 01.01.1949 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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