Act No. 8 / 1946 Coll.
Law on proceedings in certain disputes of family law
Valid
Effective from 13.02.1946
8.
Law
of 10 January 1946
on proceedings in certain disputes concerning family law.
The Provisional National Assembly of the Czechoslovak Republic decided on the following Act:
(1) The principle of search shall apply to proceedings in disputes concerning the denial or recognition of the child's marital origin, in particular in the following directions:
1. The first year shall not take place;
2. The Court of First Instance shall examine the factual basis of the dispute as a matter of fact, in its entirety and truthfully, and shall not, in its entirety or in its entirety, be limited to the particulars and proposals of the parties as to the facts or as to the accompanying documents; the facts not presented by the parties and the evidence not offered by them to be used on official duty, but be heard by the parties;
3. the provisions on legal consequences relating to the failure of the Party to comment on factual claims or on documents shall not apply; the provisions on the legal consequences of recognition of the claim, surrender or confession are also not in force. What is the importance of a court's confession, the court shall examine pursuant to § 272 c. CS.;
4. If one party does not come to the hearing, there will be no legal consequences of missing. Even if the party or the party does not come to the hearing, they can be executed and continued. If the hearing is adjourned, the party who missed the previous year shall also be served with it;
5. facts may be relied on in the appeal proceedings and evidence may be offered which has not been brought before the Court of First Instance. The principles set out in Nos 2 and 3 shall also apply in the appeal proceedings. The Court of Appeal shall examine and decide the dispute, not limited by the appeal proposals of the parties.
(2) In disputes concerning the origin of the child, where this is necessary to establish the origin, the parties, witnesses, the child of origin and, if the court deems it necessary, other persons shall be required to undergo an examination in respect of inheritance, in particular to suffer blood withdrawal for blood testing. If one of the appointed persons is reluctant to do so without due cause, direct coercion may be used, in particular forced demonstration for examination may be ordered. The court shall decide on the grounds of hesitation by order. A recourse may be lodged by the person to be examined against an order which the court considers to be unjustifiable by the court.
(3) The provisions on whom an action is brought contrary to the marital origin of the child, to jurisdiction and to proceedings in these disputes also apply to disputes concerning the ineffectiveness of the legitimacy by the supplementary marriage of parents.
(1) Proceedings in disputes pending and pending which have not yet been settled on the determination of the blood origin of the illegitimate child, as well as in disputes which have been initiated and which have not yet been brought before by law against the marriage of the child in which the plaintiff has brought an action, shall cease by order; the expenses shall be cancelled. The same applies to proceedings for the denial of the child's marital origin initiated after his death on a proposal from the prosecutor.
(2) A guardian shall enter proceedings in open and until the end of the proceedings in respect of the denial of the child's marital origin, as well as in disputes concerning the ineffectiveness of the legitimacy of an additional parent's marriage, instead of the defendant's child, to defend the child's marital origin; it shall be established by the court in which the case is brought.
(3) An action to deny the marriage of a child may not be dismissed in disputes brought before the date of application of this law and which have not yet been final because the period of limitation of Paragraph 158 of the Order has not been complied with.
(4) If, between 8 November 1945 and the date of entry into force of this law, an action to which paragraph 2 or 3 applies has been definitively refused or rejected, the applicant may, within three months of the date of application of this law, bring a new action. In proceedings for such action, the court may apply the provisions of Paragraph 412 (2) (c) of the Rules of Procedure mutatis mutandis.
The provisions governing matters governed by this law shall be repealed.
This Act takes effect 14 days after 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 | Law No. 8 / 1946 Coll., on proceedings in certain disputes of family law |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.01.1946 |
|---|---|
| Effective from | 13.02.1946 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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