What is Act No. 95 / 1963 Coll.?

Act No. 95 / 1963 Coll., on State notaries and proceedings before state notaries (notarial order) — Law on state notaries and proceedings before state notaries (notarial order).

When it became Act No. 95 / 1963 Coll. effectiveness?

Act No. 95 / 1963 Coll. became effective 01.04.1964.

Is Act No. 95 / 1963 Coll. still valid?

Yes, Act No. 95 / 1963 Coll. is still valid and effective.

Act No. 95 / 1963 Coll. - Law on state notaries and proceedings be...

95.

THE LAW

of 4 December 1963

on state notaries and proceedings before state notaries (notaries' order)

The National Assembly of the Czechoslovak Socialist Republic decided on this law:

ČÁST PRVNÍ

BASIC PROVISIONS ON TASKS AND ACTIVITIES OF STATE NOTIFICATION

§ 1

State notaries help natural and legal persons to protect their rights and to organise their relations. In its activities, state notaries ensure compliance with the law, especially in the protection of property.

§ 2

(1) State notaries decide in the proceedings on inheritance, instrument amortisation, registration of legal acts, shelters, and under the special rules on notarial fees.

(2) In other activities of state notaries, in particular, he writes notarial notes on legal acts and other documents, testifies to legally relevant facts, accepts documents and money for safekeeping, keeps land and railway books and co-operates in property records.

§ 3

(1) In carrying out its tasks, the state notaries shall proceed in close cooperation with the authorities of the municipality and the state authorities.

(2) The authorities of the municipality, the courts, the prosecutors, other state bodies and legal persons provide effective assistance by the state notaries in the performance of their tasks.

(3) State notaries provide mutual assistance in the performance of their tasks.

§ 4

(1) In its decision-making and other activities, state notaries are based on the true state of affairs, taking care of certain legal relationships and preventing disputes. The negotiations are conducted in a way that is fast and economical.

(2) In matters relating to its activities, state notaries provide legal advice to natural and legal persons and ensure that no one suffers harm due to lack of legal knowledge.

ČÁST DRUHÁ

ORGANISATION OF STATE NOTICE

§ 5

(1) Seats and districts of state notaries are the same as those of the county courts; in the capital of Prague and in the capital of the Slovak Republic Bratislava coincides with the districts of district courts.

(2) The Ministry of Justice of the Czech Republic and the Ministry of Justice of the Slovak Republic (hereinafter referred to as the "Ministry of Justice") may provide that a case of a particular kind from the district of several state notaries shall be dealt with by one of them.

(3) The tasks of the state notaries are carried out by the leading state notaries, state notaries and other workers under this law.

(4) The number of public notaries for individual state notaries is determined by the Minister of Justice of the Czech Republic and the Minister of Justice of the Slovak Republic (hereinafter the "Minister of Justice ').

§ 6

(1) The head of the state notaries is a leading state notary, to whom immediate supervision of state notaries, notaries and other staff of state notaries belongs. It shall organise and manage the work of the state notaries and shall be responsible for the proper performance of its tasks.

(2) The activities of state notaries in the county are governed, unified and controlled by the President of the Regional Court.

(3) The Minister for Justice is responsible for overseeing the activities of state notaries.

§ 7

(1) A citizen of the Czech and Slovak Federal Republic may be appointed as Head of State Notary or Notary, who

(a) is civil;

(b) has completed a university law degree;

(c) has carried out legal practice of at least two years, of which at least one year in the case of state notaries.

(2) A citizen of the Czech and Slovak Federal Republic can be accepted as a notary candidate, who

(a) is civil;

(b) have a university law degree.

§ 8

(1) The Head of the State Notary and the State Notary shall establish and dismiss the Minister of Justice upon a proposal from the President of the Regional Court; If there are special reasons, the Minister of Justice may waive the prescribed legal practice.

(2) The Notary Waiver is accepted and dismissed by the Minister of Justice at the request of the President of the Regional Court.

§ 9

(1) The Head of the State Notary and the State Notary shall, in the course of his term of office, make the following promise in the hands of the Minister of Justice of the Republic concerned:

"I promise in my honour and conscience that I will abide by the Constitution and other laws, interpret them to the best of my knowledge and conscience, and in accordance with them I will decide independently and impartially. In official matters, I will remain strictly silent."

(2) The promise referred to in paragraph 1 shall be made by a notarial candidate in the hands of the President of the Regional Court when he makes his provision.

ČÁST TŘETÍ

GENERAL PROVISIONS ON THE MANAGEMENT

Jurisdiction

§ 10

(1) Where there is doubt as to jurisdiction, the regional court within whose jurisdiction the notaries of the State are competent shall decide; The Supreme Court of the Czech Republic and the Slovak Federal Republic will decide on state notaries in different regional courts. The same shall apply if it is appropriate for the State notaries to be involved in the matter other than the relevant state notaries. There is no appeal against the decision to determine the jurisdiction of a notaries.

(2) Where several state notaries are concerned, the application to initiate proceedings may be lodged with any of them.

(3) If a matter falling within the competence of a state notaries, conditions of jurisdiction or cannot be ascertained, the Supreme Court of the Czech and Slovak Federal Republics of a State notaries shall determine the proceedings.

§ 11

(1) According to the nature of the case, state notaries may, if appropriate, act in the place to which the present case relates; where necessary, state notaries may act in the participant's apartment or in another appropriate place.

(2) If it is to be acted outside the perimeter of a state notaries, it will normally act as a requested state notaries.

(3) State notaries may determine that they will be held in some places of their district on regular official days.

Exclusion of workers

§ 12

(1) A public notaries worker is excluded from hearing and deciding a case if, in view of the circumstances of the case, he may reasonably doubt his indiscretion.

(2) If a public notaries worker does not accept that he is excluded, the leading notary shall decide definitively; If the head of the State notary is present, the President of the Regional Court shall decide.

(3) If State notaries cannot act because their workers are excluded, the matter shall be ordered to another than the state notaries concerned. This will be decided by the regional court in whose district the two state notaries are; otherwise the Supreme Court of the Czech Republic or the Supreme Court of the Slovak Republic shall decide. If one of these state notaries is in the territory of the Czech Republic and the other is in the territory of the Slovak Republic, the Supreme Court of the Czech and Slovak Federal Republic shall decide on the commandment.

Public participation

§ 13

The procedure shall be conducted in a non-public manner; However, it may be carried out in whole or in part in public, provided that this is required by the public interest and does not jeopardise national, economic, commercial or professional secrecy. In a public hearing, state notaries may provide that minors and those who fear that they might interfere with the decent conduct of the proceedings do not have access to it.

Representation of participants

§ 14

(1) State notaries shall establish a guardian for the non-represented party before the State notaries if:

(a) the participant is not yet known; he is unknown or unable to reach him at a known address abroad;

(b) the participant is unable to act alone or is unable to express himself clearly before the state notary;

(c) it is necessary for another serious reason to protect the interests of the participant or of the public interest.

(2) The decision on the provision of a guardian shall be delivered by the state notaries to the guardian and published by a decree, as appropriate.

(3) If, under the law, a participant who needs a legal representative cannot be represented by that representative, he shall be appointed a guardian by the State notaries. If it concerns the representation of a minor, he shall appoint a citizen or an institution of the municipality by that guardian.

Costs

§ 15

(1) Each party shall pay the costs incurred by it and the costs of its representative, as well as the costs of the guardian appointed to it. The common costs shall be paid by the participants according to the ratio of participation in the case and, if the ratio cannot be established equally.

(2) The cost of the proof is paid by the participant who has proposed or in the interest of which the proof has been made.

§ 16

(1) State notaries may order the participant, unless it is exempt from the notarial fee, to lodge an advance on the costs of the proceedings.

(2) State notaries decide on costs.

Decision

§ 17

(1) State notaries make decisions on the substance of the case or, if necessary or expedient, on a part thereof. On other matters, state notaries shall give decisions if necessary in the light of the course or outcome of the proceedings.

(2) The decision shall contain a statement of reasons and a statement of appeal and enforceability.

(3) A decision which fully complies with a proposal to which no one has resisted need not contain a justification. A decision issued by a mere record in a file (Paragraph 19 (2)) may not contain a justification or instruction on appeal and on enforceability.

§ 18

If State notaries cannot decide because their decision depends on the fact that the parties remain at issue even after the investigation carried out by the state notaries to clarify it and if it is not possible to reach the parties to the agreement, they shall suspend the state notaries until the decision on the facts at issue in a court or other proceedings. If the party to whom the notaries of the State so imposed do not submit a proposal for such a decision within the prescribed period, the notaries of the State shall continue the procedure and shall decide on that fact.

§ 19

(1) The Decision issues the State notaries in writing and delivers them to the participants. If the hearing is held, state notaries present to the decision shall also be declared; If the party present declares that it does not request a written copy of the decision declared and that the right of appeal is waived, the decision may not be served.

(2) A decision which entirely complies with a proposal to which no one has resisted may be issued by the State notaries by a mere record in the file; This shall not, however, apply where a participant is obliged by such a decision or requests its notification. Other decisions against which no appeal is admissible may also be taken by simple record in the file unless the party requests its service or requires its service in the nature of the case.

(3) If the decision is to be published by decree under the law, it will hang on the official plate of the state notaries for 15 days. The expiry of this period shall replace service of the decision.

§ 20

State notaries are bound by their decision once they have been declared; if it did not come to the notice as soon as it was delivered and if it did not come to the notice as soon as it was recorded in the file. However, a decision governing only the conduct of proceedings is not bound by state notaries.

Appeals

§ 21

(1) A party may appeal against the decision of the State notaries. The appeal shall be lodged within 15 days of receipt of the decision. The appeal shall be filed with the state notaries against whose decision it is directed.

(2) In addition to the cases provided for in this Act, the appeal which the participant has renounced and the appeal against a decision made by a mere record in the file shall not be admissible. Furthermore, no appeal against a decision

(a) the management of the proceedings shall be regulated;

(b) recovery is permitted;

(c) the withdrawal of the proposal is permitted;

(d) a decision has been taken on the witness;

(e) the submission has been returned for repair;

(f) the contract has been registered.

(3) An appeal against the reasons for the decision is not admissible.

§ 22

(1) State notaries may itself decide to appeal if a decision relating only to the appellant is contested and can fully comply with the appeal.

(2) If, in accordance with paragraph 1, the State notaries themselves decide on an appeal, the Regional Court shall decide on it.

§ 23

(1) A decision which cannot be challenged by an appeal is in law.

(2) The decision shall be enforceable as soon as the time limit laid down in the decision has expired. If the decision does not provide for a performance obligation, the decision shall be enforceable once it has acquired legal authority; State notaries may, however, provide, where the special circumstances of the case so require, that such a decision is enforceable without regard to legal authority.

§ 24

In cases of final termination, the resumption of proceedings shall be permitted, except in the case of decisions whose annulment or amendment may be achieved otherwise under this law. The renewal permit shall be decided by the state notaries which it issued in the case of the decision.

§ 25

Application of the Civil Code

If no derogation is provided for in this Act, the provisions of the Civil Code shall apply to proceedings before a national notary, unless the nature of the case precludes it.

ČÁST ČTVRTÁ

SPECIFIC PROVISIONS ON THE MANAGEMENT

Hlava první

Heritage proceedings

General provisions

§ 26

(1) The State notaries in whose territory the deceased was last resident are responsible for the succession proceedings and, if they were not resident or could not be ascertained, the state notaries in whose territory they were last resident.

(2) If there is no such state notaries, the state notaries in whose district is the deceased's property shall be the competent notaries. Among several such relevant state notaries is the matter of the state notaries which first performed the act.

(3) Provisional investigations (§ 29) and urgent measures (§ 30) may be carried out as far as possible and as necessary by any state notaries.

§ 27

(1) The state notaries will also open proceedings of their own volition as soon as they know that someone died or was declared dead.

(2) The authority of the municipality responsible for the management of the matrix shall notify the death in its matrix district to the State notaries responsible for dealing with the inheritance (§ 26).

§ 28

The parties to the proceedings shall be those in respect of which they may reasonably be deemed to be the deceased heirs and, if they are not such persons, a State. The creditor of the deceased shall be party to the proceedings in the case of Paragraph 38, where his claim is settled, and in the event of the liquidation of the inheritance. In the procedure provided for in Article 32, only those who took care of the funeral shall be party (Article 32 (2)).

§ 29

(1) In the preliminary investigation, state notaries shall obtain the information necessary to identify the heirs and to establish the deceased's assets and debts. This investigation may not take place if the minor deceased was with or without parents at the time of death and did not leave a fortune.

(2) If the deceased has left the will, the state notaries will determine its status and content; The same will be done by the state notaries, which have the will in custody, to procure the state notaries in which the succession proceedings are conducted.

§ 30

(1) If the public interest or the important interest of the participants so requires, the state notaries shall, without proposal, take urgent measures, in particular to secure the inheritance, entrust the personal needs of the spouse of the deceased or another member of the household, and ensure that the sale of items which cannot be stored without risk or disproportionate cost. In specific cases, in particular where an undertaking is part of the inheritance, the State notaries shall decide on the provisions of the inheritance administrator or part thereof from the heirs' circle or from the persons close to the deceased; the AIFM may be designated by those who agree to the provision.

(2) In particular, the provision of the inheritance shall be carried out by deposit at the state notaries or the keeper, by sealing at the deceased's apartment or at any other appropriate place, by prohibiting payment from the debtor or by listing on the spot itself.

(3) In the case of the sale of movable property, state notaries shall proceed mutatis mutandis in accordance with the provisions on the sale of movable property in the course of the enforcement of judgments by the court, unless the state notaries proceed to another method of sale.

(4) The designated heirloom administrator or part thereof shall, during the period of the inheritance proceedings, take the necessary steps to preserve the assets belonging to the heirloom to the extent defined by the State notary. If the State notaries so require, the administrator shall report on its activities on an ongoing basis. After the succession proceedings have been completed, the administrator shall submit to the heirs a final report of his activity through the state notaries. The State notaries will then decide on the remuneration and reimbursement of expenses paid by the administrator to the heirs and, in the case of Section 462 of the Civil Code, the State. The administrator is responsible for his activities under the Civil Code.

§ 31

In the succession proceedings, the local authorities co-operate on the application of state notaries to establish a complete basis for the decision, in particular by cooperating in the preliminary investigation, in securing the inheritance, in particular in protecting it against unauthorised interference, in the sale of goods, in determining the value of the deceased's property and in the inventory itself.

Withdrawal of proceedings

§ 32

(1) If the deceased has not left the property, state notaries will stop the proceedings.

(2) If the deceased has left the property of little value, state notaries can issue it to the person who took care of the funeral and stop the proceedings.

(3) The decision referred to in paragraphs 1 and 2 shall not be appealed against.

Negotiation of the heritage

§ 33

(1) If the procedure has not been terminated pursuant to Paragraph 32, the State notaries shall inform those of whom they may reasonably be considered heirs, their right of inheritance and the possibility of refusing inheritance within a period of one month. This period may be extended by the state notaries for important reasons. At the same time, they will learn about the formalities and the effects of the rejection of the inheritance.

(2) Notifications and lessons shall be delivered to the State notaries in their own hands or given orally and shall state in the Protocol that this has happened.

§ 33a

(1) Participants are obliged to contribute to the state notaries with true and complete data to a reliable finding of the actual situation.

(2) Money organisations shall submit to the State notaries in the succession proceedings, at his request, reports on deposits, if they are aware that the deposit belongs to the deceased, or if the information needed to establish the identity of the deposit is provided in the query.

§ 34

(1) If the deceased and the surviving spouse had assets in joint ownership, the State notaries shall decide on the general price of the property at the time of death of the deceased and shall determine, in accordance with the principles set out in Section 150 of the Civil Code, what of those assets belongs to the inheritance and what of the surviving spouse. If the decision depends on the facts that remain disputed between the surviving spouse and one of the heirs, the state notaries shall proceed in accordance with Paragraph 18.

(2) If the notaries of the State find that the succession proceedings have been terminated, additional assets in joint ownership shall be determined in accordance with paragraph 1 in addition, based on the original decision.

§ 35

State notaries will identify the deceased's assets and his debts and make an inventory of assets and liabilities. If the disputed assets or liabilities remain among the participants, it shall proceed in accordance with Paragraph 18.

§ 36

On a proposal from the heirs, the State notaries shall invite the creditor to notify him of their claims within the time limit laid down by the State notaries in the Order and shall inform them that the heirs do not correspond to the creditors who did not notify their claims if the cost of the inheritance acquired by the heirs is exhausted by satisfying the claims of the other creditors.

§ 37

(1) On the basis of the findings of § 35, the State notaries shall determine the general value of the property, the amount of the debts and the net value of the inheritance, or the amount of its over-indebtedness at the time of death of the deceased.

(2) If State notaries are found before the succession procedure is final, new facts which require amendment of this Decision shall be corrected by a new decision.

§ 38

(1) Participants may agree that the overindebted inheritance will be left to creditors to pay their debts. This Agreement shall be subject to the approval of a state notaries which approve the Agreement if it does not contravene the law; If they do not approve the agreement, they shall continue the proceedings after the legal power of this Decision.

(2) If further property appears after the final termination of the proceedings, the procedure laid down in paragraph 1 shall be followed. If the surplus remains, the state notaries will discuss it as an inheritance.

§ 39

(1) If there is only one heir, he will be confirmed by the state notaries that he has acquired the inheritance.

(2) If there are several heirs and the State notaries are settled by agreement between them, the State notaries shall approve the agreement if they do not oppose law or good manners.

(3) In the absence of agreement or approval by state notaries, state notaries shall confirm the acquisition of the inheritance according to the inheritance shares.

§ 40

(1) The State notaries in the inheritance decision shall carry out the designation provided for in Paragraph 37; and

(a) certify the acquisition of the inheritance to a single heir; or

(b) certify that the inheritance which has not been acquired by any heir has belonged to the State; or

(c) approve an inheritance settlement agreement or an over-indebtedness agreement to pay debts; or

(d) confirm the acquisition of the inheritance in accordance with the succession shares, if the heirs do not reach an agreement.

(2) Paragraph 17 (1) remains unaffected.

(3) If the State notaries do not approve the inheritance settlement agreement, they shall confirm the acquisition of the inheritance according to the inheritance shares after the legal authority of the decision by which the agreement was not approved.

§ 41

The succession may sell the items belonging to the inheritance during the succession proceedings or take other measures beyond normal management, with the permission of the state notaries.

§ 42

(1) The decision under § 38 to 40 concludes the proceedings for the inheritance.

(2) After the legal power of this Decision, the State notaries shall abolish the heralded collateral; it shall also withdraw any prohibitions on the payment of deposits, insurance policies and other values which have been implemented in the proceedings for the treatment of the inheritance or under the law. It shall also notify the organisations for which these values are stored, to whom they are to be issued. If the right is not known or unknown at the time the inheritance is realised, the state notaries shall proceed mutatis mutandis in accordance with Sections 74 and 75; the period referred to in Paragraph 74 (2) shall begin to run from the date of the legal authority of the decision which concluded the proceedings.

(3) However, the values referred to in paragraph 2 may be given to heirs only if notarial fees have been paid.

§ 43

(1) If the inheritance is overindebted and does not reach an agreement under Paragraph 38, the disposal of the inheritance may be ordered. It shall decide either on its own motion or on a proposal from a party to a public notaries. The same goes for the state notaries when the State proposed the liquidation of the inheritance because the creditor refused to accept the inheritance case for the payment of his claim.

(2) In the decision on the liquidation order, the State notaries shall call upon the creditors to notify them of their claims within the time limit laid down by the State notaries in the Order and to notify them that the claims which will not be satisfied in the liquidation will cease.

(3) As soon as the decision on the order for the liquidation of the inheritance has acquired legal authority, it shall no longer be dealt with in accordance with the provisions of Paragraph 38 to 42.

§ 44

(1) The disposal of the inheritance will be carried out by the state notaries by selling all the deceased's items in accordance with the provisions on the sale of cases in the enforcement of the decision. Matters which would otherwise not be subject to the enforcement of a decision shall also fall under the winding-up principle.

(2) State notaries decide on matters which have not been sold in such a way that they belong to the State with effect on the date of death of the deceased. The value of these matters shall not be attributed to the State for its possible inheritance or to its claim, if it is the creditor of the deceased. If the rights, burdens or restrictions on the transfer of the property are ensured on matters which are attributable to the State, they shall cease at the date of death of the deceased.

(3) The legal termination of the liquidation will result in the loss of unsatisfied creditors' claims against the heirs. However, if other property of the deceased is revealed, it shall be distributed by the state notaries without account of such demise.

§ 45

(1) The State notaries will implement the schedule of the proceeds of the sale between creditors.

(2) As a result of the liquidation, the State notaries will gradually pay claims according to the following groups:

(a) the costs of the deceased's illness and adequate burial, the costs of proceedings and the maintenance payable;

(b) taxes and charges due;

(c) other claims.

(3) If the sum of the claims in the first group exceeds the liquidation nature, these claims shall be settled on a pro rata basis. Similarly, other groups shall be followed, but in Group (c) they shall be paid before other claims secured by limitation of the transfer of property or liens and claims for compensation of rights and burdens in kind according to their order.

Citation	Act No. 95 / 1963 Coll., on State notaries and proceedings before state notaries (notarial order)
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	14.12.1963
Effective from	01.04.1964
Effective until	-
Status	Valid

Act No. 95 / 1963 Coll.

Law on state notaries and proceedings before state notaries (notarial order)

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