Act No. 76 / 1946 Coll.
Law on the abolition and amendment of judicial decisions in civil matters of the law of the period of non-freedom
Valid
Effective from 29.04.1946
76.
Law
of 9 April 1946
on the annulment and amendment of judicial decisions in civil matters legal from the time of infreedom.
The Provisional National Assembly of the Czechoslovak Republic decided on the following Act:
Definition of the judicial decisions covered by this law.
(1) Judicial decisions shall be understood in this law as decisions given in civil matters by the legal courts in the Czech and Moravian-Silesian countries, whether in due or exceptional, as well as arbitration rulings issued in that territory, provided that such decisions or statements have been dealt with in whole or in part.
(2) This law applies to judgments of higher-ranking courts outside the Czech and Moravian-Silesian countries if the court based in the Czech or Moravian-Silesian countries was in the first seat.
The terms of the application for revocation or amendment of judicial decisions.
In addition to the cases covered by the general or specific provisions, the Court may, in addition to the cases covered by the general or specific provisions, oppose and seek annulment or amendment under the conditions laid down in Article II, Article 6 (1) and (3) and (5), the first sentence of the Law on the Restoration of Legal Order (Annex to the Law of 19 December 1945, No 12 Coll. of 1946).
Jurisdiction
(1) An assessment of the opposition is the competent court which has given its decision in opposition, but if, at the same time, several decisions given in the same legal case by courts of different stools, the court of jurisdiction shall be the highest.
(2) If there is no court in the Czech and Moravian-Silesian countries, which would be competent under the previous paragraph, the opposition is brought to the court, which would be competent in the first or higher seat if the matter had been brought before the effectiveness of this law. In so doing, as regards jurisdiction in the first seat, the Court of First Instance, which has decided in the first seat, is only looking at the grounds for the jurisdiction of the court.
(3) If there is any opposition to an arbitration ruling, the competent court which would have jurisdiction in respect of the case in question should it not have been for a judgment agreement.
Resistance proceedings.
(a) Civil matters in dispute.
(1) In civil matters in dispute, opposition to the action shall apply; the application must in particular contain:
1. an indication of the decision which is contrary to it;
2. an indication of the ground of resistance (Article II, Article 6, paragraph 1, points (a) to (c) and paragraph 3 of the Law on the Restoration of Legal Order) and the facts and parades for its trial;
3. the circumstances relevant to the assessment of the jurisdiction of the court concerned,
4. a statement as to whether the revocation or amendment of a decision which is taken in opposition is proposed and to what extent and what other decision on the substance is to be taken.
(2) The action may be brought by a party to the original dispute, by its heirs and, in the public interest, by a prosecutor. The defendant is a party to the original dispute or its heirs; If they are not, the court before which the action is brought shall appoint a guardian to carry out the proceedings under this law.
(1) The court may decide to revoke the decision without oral hearing. By cancellation, the dispute shall enter into the state in which it was in before the decision was annulled.
(2) The Court of First Instance may also decide, without oral proceedings, to amend the decision if it is merely a matter of law or if the circumstances on which the opposition is based are proved by public documents annexed to the application in an original or certified copy and if the case has otherwise been duly examined.
(3) The Court of First Instance may also repeal the decision when it is proposed to amend it, but the case is not properly addressed in fact.
Unless otherwise provided for in the preceding paragraphs, the provisions of the Civil Code shall apply mutatis mutandis to legal proceedings for renewal.
Pending a decision on resistance, the court to which the opposition has been brought may, on application, defer enforcement and detention proceedings, authorised under a decision which contradicts it, if it is deemed, in accordance with the circumstances of the case, that the application for revocation or amendment of the judgment is likely to be granted. There is no separate appeal against the decision to postpone, but the court may amend it at any time on application or on its own initiative.
(1) If, on the basis of a judicial decision which is contrary to it, the possession of a case of a moveable or immovable property is transferred to the defendant's respondent, the court may, on application by the respondent, entrust him with the possession of the moveable or bring him in possession of the property before the decision on the main case, if, according to the circumstances of the case, the application for revocation or amendment of the judgment is likely to be granted and the transfer of the possession is in the interests of the respondent; the court may require the holding to be transferred to a reasonable security.
(2) There is no separate appeal against such a decision, but the court may amend it at any time on application or ex officio.
The resistance procedure is the wheels and charges.
(b) In other civil matters legal.
(1) In other civil matters of law, the opposition shall be invoked by a proposal; the application shall be dealt with and decided in the procedure prescribed for a decision which is contrary to it.
(2) Otherwise, the provisions of Sections 4 to 9 on opposition to decisions in civil matters in dispute apply mutatis mutandis.
Efficiency and execution.
This Act takes effect on the day of its publication and applies in the Czech and Moravian-Silesian countries; to be carried out by the Minister for Justice.
Dr Beneš v. r.
Fierlinger v. r.
Dr Drtina v. r.
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Regulation Information
| Citation | Act No. 76 / 1946 Coll., on the Cancellation and Amendment of Judgments in Civil Matters of Laws of the Age of Infreedom |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.04.1946 |
|---|---|
| Effective from | 29.04.1946 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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