What is Full text of Act No. 78 / 1983 Coll.?

Full version of Act No. 78 / 1983 Coll., Civil Code of Judicial Procedure (full version as follows from subsequent legal amendments and additions) — Civil Code of Procedure (full text, as is apparent from subsequent legal amendments and additions).

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Is Full text of Act No. 78 / 1983 Coll. still valid?

Yes, Full text of Act No. 78 / 1983 Coll. is still valid and effective.

Full text of Act No. 78 / 1983 Coll.

Civil Code of Procedure (full text, as is apparent from subsequent legal amendments and additions)

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ČÁST PRVNÍ Hlava první § 1 § 2 § 3 § 4 § 5 § 6 Hlava druhá § 7 § 8 § 9 § 10 § 11 § 12 § 13 - zrušen § 14 § 15 § 16 § 17 Hlava třetí § 18 § 19 § 20 § 21 § 22 § 23 § 24 § 25 § 26 § 27 § 27a § 28 § 29 § 30 § 31 § 32 § 33 § 34 § 35 Hlava čtvrtá § 36 § 37 § 38 § 39 § 40 § 41 § 42 § 43 § 44 § 45 § 46 § 47 § 48 § 49 § 50 § 51 § 52 § 53 § 54 § 55 § 56 § 57 § 58 ČÁST DRUHÁ Hlava první § 59 § 60 § 61 § 62 § 63 § 64 § 65 § 66 Hlava druhá § 67 § 68 § 69 § 70 až 72 - zrušeny § 73 Hlava třetí § 74 § 75 § 76 § 77 § 78 ČÁST TŘETÍ Hlava první § 79 § 80 § 81 § 82 § 83 § 84 § 85 § 86 § 87 § 88 § 89 § 90 § 91 § 92 § 93 § 94 § 95 § 96 § 97 § 98 § 99 § 100 § 101 § 102 § 103 § 104 § 105 § 106 § 107 § 108 § 109 § 110 § 111 § 112 § 113 § 114 § 115 § 116 § 117 § 118 § 119 Hlava druhá § 120 § 121 § 122 § 123 § 124 § 125 § 126 § 127 § 128 § 129 § 130 § 131 § 132 § 133 § 134 § 135 § 136 Hlava třetí § 137 § 138 § 139 § 140 § 141 § 142 § 143 § 144 § 145 § 146 § 147 § 148 § 149 § 150 § 151 Hlava čtvrtá § 152 § 153 § 154 § 155 § 156 § 157 § 158 § 159 § 160 § 161 § 162 § 163 § 164 § 165 § 166 § 167 § 168 § 169 § 170 § 171 § 172 § 173 § 174 § 175 Hlava pátá § 176 § 177 § 178 § 179 § 180 § 181 § 182 § 183 § 184 § 185 § 186 § 187 § 188 § 189 § 190 § 191 § 192 § 193 § 194 § 195 § 196 § 197 § 198 § 199 § 200 ČÁST ČTVRTÁ Hlava první § 201 § 202 § 203 § 204 § 205 § 206 § 207 § 208 § 209 § 210 § 210a § 211 § 212 § 213 § 214 § 215 § 216 § 217 § 218 § 219 § 220 § 221 § 222 § 223 § 224 § 225 § 226 § 227 Hlava druhá § 228 § 229 § 230 § 231 § 232 § 233 § 234 § 235 Hlava třetí § 236 § 237 § 238 § 239 § 240 § 241 § 242 § 243 Hlava čtvrtá § 244 § 245 § 246 § 247 § 248 § 249 § 250 ČÁST PÁTÁ Hlava první § 251 § 252 § 253 § 254 § 255 § 256 § 257 § 258 § 259 § 260 § 261 § 262 § 263 § 264 § 265 § 266 § 267 § 268 § 269 § 270 § 271 § 272 § 273 § 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 § 305 § 306 § 307 § 308 § 309 § 310 § 311 § 312 § 313 § 314 § 315 § 316 § 317 § 318 § 319 § 320 Hlava čtvrtá § 321 § 322 § 323 § 324 § 325 § 325a § 326 § 327 § 328 § 329 § 330 § 331 § 332 § 333 § 334 § 335 § 336 § 337 § 338 Hlava pátá § 339 § 340 § 341 § 342 § 343 § 344 § 345 § 346 § 347 § 348 § 349 § 350 § 351 Hlava šestá § 352 § 353 § 354 ČÁST ŠESTÁ § 355 § 356 § 357 § 358 § 359 § 360 § 361 § 362 § 363 § 364 § 365 § 366 § 367 § 368 § 369 § 370 § 371 § 372 § 373 § 374 § 375 § 376

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Announces

the full text of the Civil Code of 4 December 1963 No 99 Coll., as follows from the amendments and additions made by the Law of 6 April 1967 No 36 Coll., by the Law of 18 December 1969 No 158 Coll., by the Law of 26 April 1973 No 49 Coll., by the Law of 26 March 1975 No 20 Coll. and by the Law of 10 November 1982 No 133 Coll.

CITIZENS 'COURT OF JUSTICE

ČÁST PRVNÍ

GENERAL PROVISIONS

Hlava první

BASIC PROVISIONS

§ 1

The Civil Code regulates the procedure of the court and the participants in civil proceedings in order to ensure fair protection of the rights and legitimate interests of citizens and organisations, as well as education for the observance of the laws and rules of socialist cohabitation, for the honesty of duties and for respect for the rights of fellow citizens.

§ 2

In civil proceedings, the courts discuss and decide disputes, enforce decisions which have not been met voluntarily, and aim to ensure that legal relations comply with the laws, that the interests of society and the rights of citizens are not violated and that rights are not abused at the expense of society or individuals.

§ 3

Civil trial is one of the guarantees of socialist legality and serves its consolidation and development. Everyone has the right to contact the court of law protection which has been compromised or violated.

§ 4

Civil proceedings shall take place with the participation of workers, which shall be ensured in particular by the participation of national committees and social organisations in proceedings, public proceedings and the cooperation of courts with the other authorities of the Socialist State and with social organisations.

§ 5

The courts provide citizens and organisations with lessons on their rights and obligations, assist them in exercising their rights and ensure that no one suffers harm because of lack of legal knowledge.

§ 6

The proceedings shall be conducted by the Court of First Instance in cooperation with all those involved in the proceedings in such a way that the actual situation of the case is established as effectively as possible and that the protection of rights is swift and effective.

Hlava druhá

COURT OF JUSTICE

Powers

§ 7

(1) In civil proceedings, the courts shall examine and decide cases arising from civil, professional, family and cooperative relations, unless they are dealt with by law and decided by other institutions.

(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.

Jurisdiction

§ 9

Regional courts shall be responsible for the proceedings at first instance.

§ 10

The Regional Courts rule on appeals against decisions of the District Courts and against decisions of state notaries.

§ 11

(1) The proceedings shall be held in a court of law which has local jurisdiction. Jurisdiction shall be determined in accordance with the circumstances prevailing at the time of the initiation of the procedure and shall continue until its termination.

(2) Where several courts are competent locally, proceedings may take place with any of them.

(3) If it is a matter falling within the competence of the Czechoslovak courts, but the conditions of local jurisdiction are missing or cannot be ascertained, the Supreme Court of the Czechoslovak Socialist Republic shall determine which court will discuss and decide the case.

§ 12

(1) If the competent court cannot discuss the case because its judges are excluded (Paragraph 14), 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. If one of these courts is in the territory of the Czech Socialist Republic and the other is in the territory of the Slovak Socialist Republic, the Supreme Court of the Czechoslovak Socialist Republic decides on the commandment.

§ 13 - zrušen

Exclusion of Judges

§ 14

(1) Judges shall be excluded from hearing and deciding a case where, in view of their ratio to the case, to the participants or to their representatives, there is doubt as to their unbiased nature.

(2) In a higher degree court, judges who have ruled in a lower degree court are also excluded, and vice versa. The same applies if there is a decision on a complaint for infringement.

§ 15

(1) As soon as the Judge becomes aware of the facts for which he is excluded, he shall notify the President of the Court without delay. In proceedings, he can only do such acts as cannot be delayed.

(2) Participants shall have the right to comment on the persons of the Judges; the facts for which the Judge is excluded are required to be communicated without delay.

§ 16

(1) The superior court in the Chamber shall decide whether the Judge is excluded. The exclusion of judges from the Supreme Courts of the Republics and the Supreme Court of the Czechoslovak Socialist Republic shall be decided by another Chamber of the same court.

(2) If it has been decided that a Judge is excluded, the President of the Court shall designate another Judge in his place or order the case to another Chamber.

§ 17

These provisions shall apply mutatis mutandis to the exclusion of the notary or other court worker and the expert or interpreter; the President of the Chamber shall decide accordingly.

Hlava třetí

PARTICIPATION IN THE PROCEDURE

Participants

§ 18

Participants shall have 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.

§ 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) An official of the Czechoslovak organisation shall act before the courts. If he is not a statutory representative, he must prove that he is responsible for acting for the organisation.

(2) The official of the State body to which the case relates or an authorised official of another State body shall act before the State.

Representatives of participants

(a) by law

§ 22

A citizen 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 court may decide that those who do not have full legal capacity must be represented in the proceedings by their legal representative, even if it is a case in which they may otherwise act separately.

(b) on the basis of force majeure:

§ 24

A party may be represented in the proceedings by the representative chosen by him. In the same case, only one elected representative may have at the same time.

§ 25

(1) The representative may always elect an attorney. The power of attorney cannot be limited.

(2) The lawyer is obliged to make effective use of all legal means and methods of providing legal assistance to the participant he represents.

(3) The lawyer is entitled to be represented as another lawyer.

§ 26

(1) A trade union or cooperative organisation may represent a participant who is a member of the trade union.

(2) If the organisation is represented, it shall instruct one of its members or staff to act on behalf of the organisation.

§ 27

(1) A participant may also be represented by any citizen eligible for legal action. 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 it is contrary to the rules of socialist coexistence.

§ 27a

A representative of the party in the proceedings in which the facts constituting the subject matter of the State Secrets are discussed may only be a lawyer who may be familiar with the State Secrets. The selection of such lawyers shall be carried out by the central advocacy bodies in accordance with the aspects set out in the rules governing the protection of state secrets and shall keep lists thereof. Otherwise, only a person who may be familiar with State secrets on the relevant section may be a representative of a participant in such proceedings.

§ 28

(1) The representatives chosen by the party shall give power in writing or orally to the Protocol either for the whole procedure or for certain acts only.

(2) The full power conferred on the whole proceeding 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.

(3) 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.

§ 29

(1) If he is not represented who is unable to act alone in a court of law, the President of the Chamber shall appoint a guardian if there is a danger of delay.

(2) If they do not take other measures, the President of the Chamber may also appoint a guardian to a participant whose residence is unknown, who has not been able to deliver to a known address abroad, who has suffered mental illness or who is unable to express himself clearly.

§ 30

(1) A participant who is expected to be exempted from judicial fees may, at his request, be appointed a representative if necessary to protect his interests.

(2) If, in the cases referred to in paragraph 1, the President of the Chamber is of the opinion that a representative of a lawyer must be appointed, he shall inform the Head of Legal Adviser who shall appoint the representative.

§ 31

(1) A designated representative shall have the same status as a representative on the basis of the power of attorney for the whole procedure, unless it has been established only for certain acts.

(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.

Participation of the National Committee and Social Organisation

§ 32

If the national committee considers that this requires the interest of the company, it may make a request to initiate the procedure or may intervene at any time. However, the application to initiate proceedings may not be made if it is about a purely personal right of a citizen.

§ 33

(1) In the interests of the company, the social organisation may, at any time, at the request of the institution which is called upon to intervene in proceedings brought before a court.

(2) If the conditions for entering the proceedings of a social organisation are not fulfilled, the court shall not allow its participation in the proceedings.

§ 34

(1) The national committee or social organisations have the right in the proceedings to comment on the matter, to state the facts needed to establish the facts correctly, to propose evidence and to appeal; they are also entitled to other acts which may be carried out by a party in so far as they are not acts to which only a party is entitled.

(2) Where a national committee or a social organisation enters the proceedings, or where a national committee makes a request to initiate proceedings, the member or official of the national committee who has been responsible shall be heard before the court.

Participation of the Prosecutor

§ 35

(1) If the prosecutor considers that this requires the interest of society or the protection of citizens' rights, he may make a motion to initiate proceedings or enter proceedings at any time. An application to initiate proceedings may also be made where the arbitration or conciliation procedure would otherwise have to be preceded.

(2) The Prosecutor shall be entitled in the proceedings to any action which a party may perform, unless it is an act which only a party to a legal relationship may perform. It cannot, however, put forward a proposal to initiate the procedure if it is about the citizen's purely personal right.

(3) The prosecutor shall act as guardian of the socialist lawfulness in civil proceedings which he has initiated or entered into pursuant to paragraph 1, or which he has initiated under another legal provision, (1) although he is not a party to the legal relationship which is the subject of the proceedings.

Hlava čtvrtá

TASKS OF THE COURT AND PARTICIPANTS

Proceedings

§ 36

(1) In proceedings before a court, a decision shall be taken by the Chamber or by a single judge. All judges are equal in their decisions.

(2) The Senate shall act and decide:

(a) labour matters;

(b) family matters,

(c) in matters of personality protection under the provisions of § 11 et seq. of the Civil Code and on proposals to correct false data under the provisions of § 20 of Act No. 81 / 1966 Coll., on periodical printing and on other mass information means,

(d) Proposals by the Prosecutor to give effect to the State in accordance with § 457 (2) and (3) of the Civil Code,

(e) on claims for damages under Act No. 58 / 1969 Coll., on liability for damage caused by a decision of a State authority or by an incorrect procedure;

(f) other matters provided for by law.

(3) The President of the Chamber shall act and act as the sole judge (self-judge) on other matters arising from civil and cooperative relations and on other matters pending by the courts. If the law so provides, it shall act and act as a single judge in the matters referred to in paragraph 2.

(4) In cases where, under the law, the President of the Chamber may act and rule as a single judge, he may act and act as a single judge and other professional judges. In all such cases, the President of the Chamber (another professional judge) shall be responsible for the rights reserved for the Chamber.

(5) Otherwise, the President of the Chamber or any other professional judge may only carry out such acts as may not be decided.

§ 37

(1) The Senate shall act after consulting the Registrar; no one else shall be present at the meeting.

(2) A majority of the votes shall be required for the decision, all members of the Chamber being required to vote. The vote shall be taken by the President of the Chamber. The younger judges vote in front of the elders, the President of the Senate votes last.

§ 38

In order to create the preconditions for an effective educational influence of the proceedings, the court may also act outside the courthouse in the workplace or other appropriate places.

§ 39

(1) Any action which a competent court could carry out with difficulty or with increased, unnecessary costs or which cannot be carried out within its perimeter shall be carried out by another district court on request.

(2) If the requested court is unable to act in its own district, it shall refer the request to the court within whose jurisdiction the action may be carried out if it is known to it; otherwise it will return the request.

(3) The action of the requested court shall be carried out by an professional judge; has the rights and obligations of the President of the Chamber.

§ 40

(1) A record shall be drawn up of the acts in which the court negotiates with the participants or carries out the taking of evidence. In particular, the report shall indicate the case under consideration, indicate the persons present, describe the course of the taking of evidence and indicate the content of the submissions and statements of the decision; if it replaces the submission protocol, it shall also have its particulars.

(2) The Protocol shall be signed by the President of the Chamber and the Registrar; If the President of the Chamber cannot sign the Protocol, it shall be signed by another member of the Chamber. If a settlement has been concluded, participants also sign the protocol. The voting protocol shall be signed by all members of the Chamber and by the recorder.

(3) The President of the Chamber shall correct errors in writing and other obvious errors in the report. The President of the Chamber shall also decide on proposals to supplement the Protocol and on objections to its wording.

Tasks of participants

§ 41

(1) Participants may carry out their operations in any form unless the law prescribes a form for certain acts.

(2) Each action shall be judged by the court according to its content, even if the action is wrongly identified.

(3) The substantive act of the party against the court is also effective against the other parties, but only as soon as they have become aware of it in the proceedings.

§ 42

(1) Administration may be made in writing, orally or by telegram. Telegradically made submissions containing a proposal on the substance shall be added in writing or orally to the Protocol within three days at the latest.

(2) Each district court shall be required to file a report and forward it without delay to the competent court. Such a submission has the same effect as if it had occurred directly in the competent court.

(3) If the law does not require further formalities for the submission of a particular kind, it shall be apparent from the submission to which court, who makes them, what matters and what follows and shall be signed and dated. Submission must be made with the necessary number of copies and annexes, so that one copy remains in court and that each participant receives one copy if necessary.

§ 43

(1) The President of the Chamber shall, during the proceedings, ensure that incorrect or incomplete submissions are corrected or supplemented. It shall also advise the participants how the correction or addition is to be made.

(2) If, despite the invitation of the President of the Chamber of Appeal, the application is not corrected or supplemented and the proceedings cannot be resumed for that deficiency, the court shall terminate the proceedings. The participant must be informed of these consequences.

§ 44

(1) Participants and their representatives have the right to consult and make extracts and copies of the court file, with the exception of the voting protocol.

(2) Any person other than a participant may be authorised by the President of the Chamber to view the file and make extracts and copies thereof, provided that there are serious reasons and legitimate interests of the participants are not affected.

Service

§ 45

It is usually delivered by post. However, the Tribunal may, as the case may be, deliver the document itself or through a local national committee or public security authority and, in cases provided for in specific provisions, through the Ministry of Justice.

§ 46

(1) The address can be served by a document in the apartment, in the workplace or wherever it is found.

(2) If the addressee has not been contacted, although he is present at the place of delivery, he or she shall be delivered to another adult residing in the same apartment or house or employed in the same workplace if he or she is willing to obtain the surrender of the document. If it is not possible to deliver it in this way, the document shall be deposited at the post office or at the local national committee and the addressee shall be invited to collect the document in an appropriate manner. The document shall be deemed to have been delivered on the date on which it was deposited, even if the addressee had not known of the deposit.

(3) Where, pursuant to paragraph 2, a document is submitted to a party having a conflicting interest in the matter, service shall be rendered ineffective.

§ 47

(1) The documents to which the law so provides and other documents must be served in their own hands, if the President of the Chamber so requests.

(2) If the addressee of the document to be delivered to his own hands has not been apprehended, although he is staying at the place of service, he shall inform him, in an appropriate manner, of his arrival at the date and time indicated on the notification. If the new attempt to deliver remains without result, the bearer shall deposit the document at the post office or at the local national committee and inform the addressee accordingly. If the consignee does not pick up the consignment within three days of the deposit, the last day of that period shall be deemed to be the day of delivery, even if the consignee has not known of the deposit.

§ 48

(1) Documents addressed to the institutions or organisations shall be served on staff authorised to receive documents from the authorities or organisations. If they are not, a document shall be served on the person who is entitled to act for the institution or organisation of the other documents to any of their staff members who receives the documents.

(2) Documents addressed to lawyers shall be delivered to counsel even if they are received in their own hands.

§ 49

(1) Where a party has a full representative for the whole procedure, the document shall be served only on that representative. However, if the party is to do something personally in the proceedings, the document shall be served not only on the representative but also on him.

(2) Should the service of a participant be accompanied by difficulties or delays, the President of the Chamber may order him to elect a representative to receive the documents to whom he may be served without difficulty or delay. If he does not choose him, the documents shall be filed for him in court with the effect of service; The participant shall be informed of this.

(3) The Order on the provision of a guardian to a participant in an unknown stay shall be delivered only to an appointed guardian.

§ 50

If the addressee refuses to accept the document without justification, the document shall be served on the date on which its receipt was refused; the addressee must be informed of this by the bearer.

Summons and demonstrations

§ 51

The summons to the court are usually made in writing and, in urgent cases, by telegram or telephone. It may also be served orally at the hearing with which the summons are present.

§ 52

(1) In the event that the summons do not appear for questioning or to an expert without an apology, the President of the Chamber may bring him to the stand if he has informed the President of the summons.

(2) The competent public security authority shall request the presentation by the court; If there is a minor, the court shall request that authority to be brought in only if it is not possible to ensure that it is presented otherwise. The court of their chief of staff shall request the presentation of soldiers in active duty and members of the armed corps.

(3) The costs of the demonstration shall be borne by those who are shown.

Order measures

§ 53

(1) The President may, in particular by failing to appear before a court or by disobeying a court order or by disobeying an order or by making a grossly offensive submission, impose an order of order of no more than 500 Ccs by the President of the Chamber, and if he does not comply with the obligations set out in Sections 294 and 295, no more than 1000 Ccs.

(2) The President of the Chamber may waive the order of order imposed retrospectively, even after the end of the proceedings, if this is justified by the later conduct of the person to whom it was imposed.

(3) Order fines belong to the State.

§ 54

The President of the Senate may banish those who grossly disrupt order from the place where they act. If a participant is declared, further action may be taken in his absence.

Time limits

§ 55

If the law does not set a time limit for the execution of the act, it shall, if necessary, be determined by the President of the Chamber. The President of the Chamber may also extend the time limit set by him.

§ 56

(1) The period shall not run for those who have lost their capacity to be a party to the proceedings or to act before a court.

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Regulation Information

Citation	Full version of Act No. 78 / 1983 Coll., Civil Code of Judicial Procedure (full version as follows from subsequent legal amendments and additions)
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	03.08.1983
Effective from	-
Effective until	-
Status	Valid

The regulation text is for informational purposes only.