What is Act No. 99 / 1963 Coll.?

Act No. 99 / 1963 Coll., Civil Code — Civil Code of Procedure.

When it became Act No. 99 / 1963 Coll. effectiveness?

Act No. 99 / 1963 Coll. became effective 01.04.1964.

Is Act No. 99 / 1963 Coll. still valid?

Yes, Act No. 99 / 1963 Coll. is still valid and effective.

Act No. 99 / 1963 Coll.

Civil Code of Procedure

Valid Effective from 01.04.1964

ČÁST PRVNÍ Hlava první § 1 § 2 § 3 § 5 § 6 Hlava druhá § 7 § 9 § 9a § 10 § 10a § 11 § 12 § 14 § 15 § 15a § 15b § 16 § 16a § 16b § 17 Hlava třetí § 18 § 19 § 20 § 21 § 21a § 21b § 22 § 23 § 24 § 25 § 25a § 25b § 26 § 26a § 27 § 28 § 28a § 29 § 29a § 30 § 31 § 32 § 35 § 35a § 35b Hlava čtvrtá § 36 § 36a § 36b § 36c § 36d § 37 § 38a § 38b § 39 § 40 § 40a § 40b § 41 § 41a § 41b § 42 § 43 § 44 § 45 § 46 § 46a § 46b § 46c § 47 § 48 § 49 § 50 § 50a § 50b § 50c § 50d § 50e § 50f § 50g § 50h § 50i § 50j § 50k § 50l § 50m § 51 § 52 § 53 § 54 § 55 § 56 § 57 § 58 ČÁST DRUHÁ Hlava první § 67 § 68 § 69 Hlava druhá § 74 § 75 § 75a § 75b § 75c § 76 § 76c § 76d § 76e § 76f § 76g § 76h § 77 § 77a § 78 § 78a § 78b § 78c § 78d § 78e § 78f § 78g ČÁST TŘETÍ Hlava první § 79 § 80 § 82 § 83 § 84 § 85 § 85a § 86 § 87 § 88 § 89 § 89a § 90 § 91 § 91a § 92 § 93 § 95 § 96 § 97 § 98 § 99 § 100 § 101 § 102 § 102a § 103 § 104 § 104a § 104b § 104c § 105 § 106 § 107 § 107a § 109 § 110 § 111 § 112 § 114 § 114a § 114b § 114c § 115 § 115a § 116 § 116a § 117 § 118 § 118a § 118b § 119 § 119a Hlava druhá § 120 § 121 § 122 § 123 § 124 § 125 § 126 § 126a § 127 § 127a § 128 § 129 § 130 § 131 § 132 § 133 § 133a § 133b § 134 § 135 § 136 Hlava třetí § 137 § 138 § 139 § 140 § 141 § 142 § 142a § 143 § 145 § 146 § 147 § 148 § 149 § 150 § 151 Hlava čtvrtá § 152 § 153 § 153a § 153b § 154 § 155 § 156 § 157 § 158 § 159 § 159a § 160 § 161 § 162 § 163 § 164 § 165 § 166 § 167 § 168 § 169 § 170 § 171 § 172 § 173 § 174 § 174a § 174b § 175 § 175a HLAVA PÁTÁ § 176 § 177 § 178 § 179 § 180 § 181 § 182 § 183 § 184 § 185 § 186 § 187 § 188 § 189 § 190 § 191 § 192 § 193 § 194 § 195 § 196 ČÁST ČTVRTÁ Hlava první § 201 § 202 § 203 § 204 § 205 § 205a § 205b § 206 § 207 § 208 § 209 § 210 § 210a § 211 § 211a § 212 § 212a § 213 § 213a § 213b § 214 § 215 § 216 § 218 § 218a § 218c § 219 § 219a § 220 § 220a § 221 § 221a § 222 § 222a § 223 § 224 § 225 § 226 Hlava druhá § 228 § 229 § 230 § 231 § 232 § 233 § 234 § 235 § 235a § 235b § 235c § 235d § 235e § 235f § 235g § 235h § 235i Hlava třetí § 236 § 237 § 238 § 238a § 239 § 240 § 241 § 241a § 241b § 242 § 243 § 243a § 243b § 243c § 243d § 243e § 243f § 243g ČÁST PÁTÁ HLAVA PRVNÍ § 244 § 245 HLAVA DRUHÁ § 246 § 247 § 248 HLAVA TŘETÍ § 249 § 250 § 250a § 250b § 250c § 250d § 250e § 250f HLAVA ČTVRTÁ § 250g § 250h § 250i § 250j § 250k § 250l ČÁST ŠESTÁ Hlava první § 251 § 252 § 253 § 254 § 255 § 256 § 257 § 258 § 259 § 260 § 260a § 260b § 260c § 260d § 260e § 260f § 260g § 260h § 261 § 261a § 262 § 262a § 262b § 262c § 263 § 264 § 265 § 265a § 266 § 267 § 267a § 267b § 268 § 269 § 270 § 271 § 274 § 275 Hlava druhá § 276 § 277 § 278 § 279 § 280 § 281 § 282 § 282a § 283 § 284 § 285 § 286 § 287 § 288 § 289 § 290 § 291 § 292 § 293 § 294 § 295 § 296 § 297 § 298 § 299 § 301 § 302 Hlava třetí § 303 § 304 § 304a § 304b § 304c § 304d § 304e § 305 § 306 § 307 § 308 § 309 § 309a § 310 § 311 § 311a § 312 § 313 § 314 § 314a § 314b § 314c § 315 § 316 § 317 § 318 § 319 § 319a § 320 § 320a § 320aa § 320ab HLAVA ČTVRTÁ § 320b § 320c § 320d § 320e § 320f § 320g § 320h § 320i § 320j Hlava pátá § 321 § 322 § 323 § 324 § 325 § 325a § 325b § 326 § 326a § 326b § 327 § 327a § 328 § 328a § 328b § 329 § 329a § 330 § 330a § 331 § 331a § 332 § 333 § 334 § 334a § 335 § 335a § 335b § 336 § 336a § 336b § 336c § 336d § 336e § 336f § 336h § 336i § 336j § 336ja § 336k § 336l § 336m § 336n § 336o § 336p § 336q § 337 § 337a § 337c § 337d § 337e § 337f § 337g § 337h § 338 § 338a Hlava šestá § 338b § 338c § 338d § 338e Hlava sedmá § 338f § 338g § 338h § 338i § 338j § 338k § 338l § 338m § 338ma § 338mb § 338n § 338o § 338p § 338q § 338r § 338s § 338t § 338u § 338v § 338w § 338x § 338y § 338z § 338za § 338zb § 338zc § 338zd § 338ze § 338zf § 338zg § 338zh § 338zi § 338zj § 338zk § 338zl § 338zm § 338zn § 338zo § 338zp § 338zq § 338zqa § 338zr Hlava osmá § 339 § 340 § 341 § 342 § 343 § 344 § 345 § 346 § 347 § 348 § 349 § 350 § 351 § 351a ČÁST SEDMÁ § 352 § 353 § 354 § 354a ČÁST OSMÁ § 355 § 356 § 357 § 358 § 359 § 360 § 361 § 362 § 363 § 364 § 365 § 366 § 367 § 368 § 369 § 370 § 370a § 374 § 374a § 375 § 376

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Civil Code of Procedure

of 4 December 1963

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

ČÁST PRVNÍ

GENERAL PROVISIONS

Hlava první

BASIC PROVISIONS

§ 1

The Civil Code provides for the procedure of the court and the participants in civil proceedings in order to ensure fair protection of private rights and the legitimate interests of the participants, as well as education for the observance of contracts and laws, for the fair performance of duties and for respect for the rights of other persons.

§ 2

In civil proceedings, the courts shall examine and decide disputes and other legal matters and enforce decisions which have not been voluntarily complied with; ensure that rights and protected interests are not violated and that rights are not abused.

§ 3

Civil trial is one of the guarantees of justice and justice, serving to consolidate and develop the principles of private law. Anyone may seek protection of private law in court, which has been threatened or violated.

§ 5

The courts shall instruct participants on their procedural rights and obligations.

§ 6

In the proceedings, the Court of First Instance shall proceed predictably and in cooperation with the parties to the proceedings in such a way as to ensure that the protection of rights is swift and effective and that the facts at issue between the parties are established reliably, depending on their degree of participation. The provisions of this law must be interpreted and applied in such a way as not to abuse them.

Hlava druhá

COURT OF JUSTICE

Powers

§ 7

(1) In civil proceedings, courts discuss and rule disputes and other legal matters arising from private law, unless they are dealt with by law and decided by other authorities.

(2) The disputes and other legal matters referred to in paragraph 1, which have been decided under the law by bodies other than the courts, are discussed and decided by the courts in civil proceedings under the conditions laid down in Part Five of this Act.

(3) Other cases are discussed and decided by the courts in civil proceedings only if the law so provides.

(4) The jurisdiction of courts in administrative matters is governed by a special law. 96)

Jurisdiction

§ 9

(1) Unless otherwise provided for in the law, the courts of the district shall be responsible for the proceedings at first instance.

(2) The Regional Courts shall rule as first instance courts

(a) disputes concerning the mutual settlement of the payment of the excess payment per pension benefit, sickness insurance, state social assistance and assistance in material distress, and disputes concerning the mutual settlement of the regression compensation paid as a result of entitlement to the sickness benefit;

(b) disputes concerning the illegality of strikes or exclusions;

(c) disputes concerning a foreign State or persons enjoying diplomatic immunity and privileges, where such disputes fall within the jurisdiction of the courts of the Czech Republic;

(d) disputes concerning the revocation of an arbitrator's decision on the performance of collective agreement obligations;

(e) in matters arising from legal relationships relating to the establishment of commercial corporations, institutes, foundations and foundations, and in disputes between commercial corporations, their members or members, as well as between members or members, where they result from participation in a commercial corporation;

(f) disputes between trade corporations, their members or members and members of their bodies or liquidators, in the case of relations relating to the exercise of the duties of members of the institutions or of liquidation;

(g) disputes arising from intellectual property law;

(h) disputes concerning the protection of rights infringed or threatened by unfair competitive conduct or unlawful restriction of competition;

(i) in matters of the protection of the name and reputation of a legal person;

(j) financial collateral disputes and disputes concerning investment instruments and securities or book-entry securities, even if they are not investment instruments;

(k) disputes arising from commodity exchange transactions;

(l) in respect of the proceedings of the assembly of owners' associations and disputes arising therefrom, with the exception of disputes concerning the contributions of members of the owners' communities to the administration of the house and land, disputes concerning advances for the payment of services and the method of discharging service prices;

(m) disputes arising from the conversion of legal persons;

(n) disputes arising from the handling of a commercial plant or parts thereof,

(o) disputes arising from works contracts which are excessive public contracts, including supplies necessary for the implementation of such contracts;

(p) in matters of legal liability in breach of the care of a proper operator,

(q) disputes arising from the adjustment of business groupings;

(r) disputes concerning the protection of creditors' claims in the event of a reduction in the capital of companies or of a reduction in the basic Member contribution of cooperatives.

(3) The Supreme Court of the Czech Republic ("the Supreme Court") shall act as a court of the first instance, where specific legislation so provides.

§ 9a

In order to hear an action under Paragraph 91a, the regional or regional courts shall have jurisdiction at first instance, depending on which of those courts is in the first instance the case or the law to which the applicant is entitled.

§ 10

(1) The Regional Courts decide on appeals against decisions of the District Courts.

(2) The Supreme Court shall decide on appeals against decisions of the regional courts as first instance courts.

§ 10a

The Supreme Court shall decide on appeals against decisions of regional or supreme courts as appeals courts.

§ 11

(1) The proceedings shall be held in that court which shall have substance and local jurisdiction. The circumstances prevailing at the time of the opening of the procedure shall be relevant for determining the substantive and local jurisdiction. A court whose jurisdiction can no longer be examined under the law or whose jurisdiction has been determined by a final decision of the competent court shall always be responsible in a material and local manner.

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

(3) If a case falls within the competence of the courts of the Czech Republic, but the conditions of local jurisdiction are missing or cannot be ascertained, the Supreme Court shall determine which court shall examine the case and decide.

§ 12

(1) If the competent court cannot deal with the case because its judges are excluded (Sections 14, 15 (2) and 16 (a)), 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. Participants shall have the right to comment on the court to which the case is to be ordered and, in the case of paragraph 2, the ground for which the case should be ordered.

Exclusion of Judges

§ 14

(1) Judges shall be excluded from the hearing and decision of the case where, in view of their ratio to the matter, to the participants or to their representatives, there is reason to doubt their bias.

(2) Judges who have discussed or decided a case in a lower degree court and vice versa are also excluded from the upper degree court. The same applies when it comes to decision-making on the application.

(3) Judges who have given the contested decision or discussed the case shall also be excluded from hearing and deciding on an action for confusion.

(4) The grounds for the exclusion of a judge are not circumstances which consist in the action of a judge in the proceedings in the present case or in its decision in other cases.

§ 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, only acts which cannot be delayed may be taken.

(2) The President of the Court shall, on the basis of the work schedule, designate another Judge instead of the judge referred to in paragraph 1 or, where the notification of all members of the Chamber is concerned, order the case to another Chamber; If this is not possible, it shall refer the matter to a decision under Paragraph 12 (1). If there is an exclusion pursuant to Paragraph 14 (1) and the President of the Court considers that there is no reason to doubt the integrity of the judge, he shall refer the case to the court referred to in Article 16 (1).

§ 15a

(1) Participants shall have the right to make their views known to the persons of the Judges who are to discuss and decide the matter according to the schedule of work. They must be instructed by the court.

(2) The party shall object to the bias of the Judge not later than at the first hearing attended by the Judge whose exclusion is concerned; if, at that time, he did not know of the reason for the exclusion, or if that reason arose later, he may object within 15 days of being informed of it. A party may later object to the bias only if he has not been informed by the court of his right to speak to the persons of the Judges.

(3) The objection of bias must state, in addition to the general requirements (Paragraph 42 (4)), against which the Judge is directed, in which grounds of doubt about his unbiased nature are seen, or when the opposing party has become aware of it, and what evidence can be established.

§ 15b

(1) In order to decide on the objection of bias, the court will bring the case before its superior court, stating the Judges concerned. In proceedings, only acts which cannot be delayed may be taken.

(2) The provisions of paragraph 1 shall not apply if the objection was brought before or during the proceedings in which the case was decided and if the court considers that the objection is not justified.

(3) The provisions of paragraph 1 shall also not apply where a party has invoked the same circumstances in the objection which have already been decided by a superior court (by another Chamber of the Supreme Court) or if the objection is manifestly late.

§ 16

(1) The superior court in the Chamber shall decide whether the Judge is excluded. The exclusion of judges of the Supreme Court shall be decided by another Chamber of the same court.

(2) The court referred to in paragraph 1 shall reject the late application (Paragraph 15a (2)).

(3) Proof of the grounds for exclusion shall be made by the court referred to in paragraph 1 either alone or through the requested court. In the absence of evidence, the decisions referred to in paragraphs 1 and 2 need not be ordered.

§ 16a

(1) If it has been decided that a Judge is excluded, the President of the Court shall, according to the schedule of proceedings, designate another Judge in his place or, if all the members of the Chamber have been excluded, order the case to another Chamber; If this is not possible, it shall refer the matter to a decision under Paragraph 12 (1).

(2) Where the decision has been annulled by an appeal or an appeal court or by an action for confusion, because the Judge who has been expelled has taken a decision in the case, or where the court of appeal or of appeal has ordered the case to be heard in the further proceedings and the decision of another Chamber (self-judge) is to be taken by analogy with paragraph 1.

§ 16b

The order of the superior court under Article 16 (1) and (2) shall be binding on the court and the parties; the provisions of Articles 205 (2) (a), 219a (1) (a), 229 (1) (e) and 242 (3), second sentence are not affected.

§ 17

The President of the Chamber shall decide whether the Registrar or another member of staff is excluded, as well as the expert, expert or interpreter; Articles 14 (1), 15, 15a (1) and (3) and 16 (3) shall apply mutatis mutandis. No appeal is admissible against his order.

Hlava třetí

PARTICIPATION IN THE PROCEDURE

Participants

§ 18

(1) Participants shall have an 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.

(2) A participant whose mother tongue is different from the Czech language, the court shall establish an interpreter as soon as such a need becomes apparent in the proceedings. The same applies if there is an interpreter's provision for a participant with whom there is no communication other than one of the communication systems of a deaf and deaf blind person (54).

§ 19

The party who has a legal personality shall be eligible to be a party; Otherwise, it's just whoever the law gives it to.

§ 20

(1) Everyone may act individually as a party to the court (procedural capacity) to the extent that he is competent.

(2) If a special law admits, instead of a State, to someone else's ability to act individually in a court of law concerning the assets of the State, that person shall act as a participant.

§ 21

(1) He shall act as a legal person

(a) a member of the statutory authority; where the statutory authority consists of more than one person, the chairman of the statutory authority or, where appropriate, its member, who has been entrusted with it, shall act as a legal person; where the chairman or the authorised member is a legal person, there shall always be a natural person empowered or otherwise authorised by that legal person; or

(b) its staff member who has been entrusted with this task by the statutory authority; or

(d) its procuring entity, if it can act on its own basis.

(2) Paragraph 1 shall not apply where such or special law provides that other persons act as a legal person.

(3) Where forced administration, temporary administration or resolution management has been introduced for a legal entity under the law governing financial recovery and resolution, the forced administrator, temporary administrator or the person exercising the management of the resolution under the law governing the recovery and resolution of the financial market, which has the status of its statutory body or, where appropriate, the staff of the legal person entrusted by it by the forced administrator, temporary administrator or the person implementing the resolution management; otherwise the procedure laid down in paragraphs 1 and 2 shall be followed.

(4) The person whose interests are contrary to the interests of the legal person may not act as a legal person.

(5) Anyone acting as a legal person must demonstrate his / her competence. There is only one person who can act as a legal person at the same time.

§ 21a

(1) The Court of Justice

(a) Office for the Representation of the State in matters of property in cases provided for under special legislation, 55a)

(b) the organisational body of the State competent under specific legislation in other cases.

(2) Where the Office for the Representation of the State is acting before the court in matters of property, a member of the staff appointed by its Director-General shall act on behalf of the State in the Office for the Representation of the State in matters of property.

(3) Where the State acts as an organisational body of a State which is competent under a special law, it shall act on behalf of the State as the head of the State's organisational unit or as its authorised staff member.

(4) Paragraph 21 (4) and (5) applies mutatis mutandis.

§ 21b

(1) The municipality and the higher territorial authority shall act as the person who is entitled, under a special law, to represent them on the outside, or their staff member who has been entrusted with it.

(2) Paragraph 21 (4) and (5) applies mutatis mutandis.

Representatives of participants

(a) by law

§ 22

A natural person who cannot act alone in a court of law must be represented by his legal representative or guardian.

§ 23

Where the circumstances of the case so require, the President of the Chamber may decide that a natural person who is not fully competent must be represented in the proceedings by his legal representative or guardian, even if it is a case in which he may otherwise act alone.

(b) on the basis of force majeure:

§ 24

(1) The party may be represented in the proceedings by a representative of his choice. In the absence of representation pursuant to § 26 or § 26a, only the natural person may be the elected representative of the participant. In the same case, only one elected representative may be present at the same time.

(2) Where classified information is discussed in the proceedings, participants may be represented only by natural persons who are demonstrated by a valid certificate of a natural person for the relevant classification level of such classified information issued under a specific legislation, 56) or who have been instructed in the manner referred to in Paragraph 40a (1).

§ 25

(1) The representative may always elect an attorney. The lawyer can only be granted a power of attorney for the whole procedure (hereinafter referred to as "procedural power of attorney ').

(2) The lawyer is entitled to be represented by another lawyer or, except in cases where the representation of a lawyer is compulsory under this law, by a lawyer associate or his staff member as an additional representative.

§ 25a

(1) A participant may also choose a representative of a notary; a notary may represent a participant only within the scope of his or her authorisation provided for by specific provisions. 57) The notary can only be granted procedural power of attorney.

(2) A notary shall be entitled to be represented by another notary and, except in cases where he is a notary under this law, a notary candidate or a notary associate.

§ 25b

Except in the case of a request, the participant may also elect a representative of the patent representative; a patent representative may represent a participant only within the scope of the authorisation provided for in the specific legislation. 57b)

§ 26

(1) The trade union organisation may, with the exception of matters relating to business relationships, represent a participant who is a member of the trade union.

(2) The Office for the International Law Protection of Children (hereinafter referred to as the Office) may represent a party in the proceedings for the determination or amendment of maintenance obligations and in the enforcement proceedings for a decision imposing an obligation to pay maintenance, if the case relates to a foreign matter.

(3) In matters of protection against discrimination on grounds of sex, racial or ethnic origin, religion, religion, belief, world opinion, disability, age or sexual orientation, a participant may also be represented in proceedings by a legal person established under a specific legislation whose activities listed in the Statutes include protection against such discrimination.

(4) In disputes concerning claims based on copyright law, claims arising from threats and infringements of rights under copyright law and claims for the issue of unjustified enrichment obtained at the expense of those to whom they attest rights under copyright law, the participant may be represented by a legal person whose subject of business or activities include the protection of rights under copyright law.

(5) Where there is an alien in the case of an applicant for employment, he may also be represented in the proceedings by a legal person established under a special law whose activities in the statutes include the protection of the rights of foreigners; a legal person shall be treated as such by an authorised staff member or a member of his or her university legal education required under special legislation for the performance of his or her duties. The provisions of this paragraph on the representation of a foreigner by a legal person shall also apply in cases where the European Union provisions directly applicable in the field of freedom of movement for workers are applied).

(6) In matters of employment and in matters arising from the Act on the residence of foreigners in the Czech Republic, a stranger who resides on the territory of a visa for stay over 90 days for the purpose of seasonal employment may be represented in the proceedings by a legal person whose activities in the statutes include the protection of the rights of foreigners.

(7) In matters relating to the protection of personal data, the data subject may also be represented in proceedings by a legal person whose profits are not distributed and whose activities specified in the founding act include the protection of the rights of data subjects; a legal person shall be treated as such by an authorised staff member or a member of his or her university legal education required under the special regulations for the performance of the lawyer.

(8) If a trade union organisation or the Office or a legal person referred to in paragraphs 3, 4 and 6 are represented, they shall act on their behalf as the represented person referred to in Paragraph 21.

§ 26a

(1) In the cases and under the conditions laid down in special legislation55a), the municipality may be represented in the proceedings by the State for which the Office for the Representation of the State is acting before the courts in matters of property.

(2) Only a procedural authorisation may be granted to the State in respect of the representation referred to in paragraph 1.

(3) Where the State of representation referred to in paragraph 1 is acting on behalf of the State, an employee appointed by its Director-General to represent the State in matters of property shall act on behalf of the represented municipality.

§ 27

(1) A participant may also be represented by any natural person who is fully competent. 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 the representative appears to be unfit for proper representation or if he reacts as representative in different cases.

(3) The Court of Justice shall send the Ministry of Justice a copy of the decision referred to in paragraph 2 within 30 days of the legal authority of such decision.

§ 28

(1) The representatives chosen by the participant shall, in writing or orally, grant to the Protocol a procedural power or power of attorney only for certain acts.

(2) 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.

(3) If a participant chooses another representative, it is true that it has also given notice of the full authority to the representative.

(4) Signatures in writing, in the appeal of, or in its denunciation, shall be officially authenticated only if the law so provides or if the President of the Chamber so decides.

(5) If the represented person loses his capacity to be a party to the proceedings or if a representative dies or dies, the power of attorney shall cease.

(6) If nothing else comes out of the power of attorney, the power of attorney shall cease to exist on the date of the decision which has ended the proceedings for which it was granted.

§ 28a

(1) The procedural power of attorney 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.

(2) Full authority for certain acts only authorises representation in those acts which have been expressly stated in full.

§ 29

(1) If a natural person is not represented as a party to the proceedings who is unable to act individually before a court, the President of the Chamber shall appoint a guardian if there is a danger of delay. The same procedure shall apply if a specific regulation so provides.

(2) The guardian shall also be appointed by the President of the Chamber to a legal person who, as a party to the proceedings, is prevented from acting before the courts because there is no person entitled to act for him or because it is questionable who is the person entitled to act for him (§ 21) if there is a risk of delay.

(3) If he does not take other measures, the President of the Chamber may also appoint a guardian to the unknown heirs of the deceased, unless the succession proceedings have already established a heading of his heirs, a participant whose residence is unknown, who has not been able to deliver to a known address abroad which has been affected by mental illness or for other health reasons, not only for a transitional period of time, or who is unable to express himself clearly.

(4) The guardian referred to in paragraphs 1 to 3 shall, as a general rule, be appointed by the court by a close person or, where appropriate, by another appropriate person, unless specific reasons prevent it. A lawyer can only be appointed guardian if someone else cannot be appointed guardian. A person other than a lawyer may only be appointed guardian if he agrees to this. Unless the court has decided otherwise, the guardian established under paragraphs 1 to 3 shall appear in proceedings before the Court of First Instance, the appeal and the appeal proceedings.

§ 29a

The court shall, with its consent, designate a guardian as a guardian designated in the provisional declaration to a participant who has obtained a preliminary declaration in anticipation of his own incapacity to act.

§ 30

(1) The President of the Chamber shall, at his request, appoint a representative where necessary to protect his interests. The President of the Chamber shall be obliged to instruct the tenderer to make such a request.

(2) Where the protection of the interests of a participant so requires, or where the provision of a procedural representative is made by a lawyer (notary), the President of the Chamber shall, in the case referred to in paragraph 1, appoint a lawyer representative.

§ 31

(1) A designated guardian or other representative shall have the same status as a representative on the basis of a procedural mandate.

(2) Where a lawyer has been appointed guardian or other representative, he shall be in the same position as the lawyer to whom the party has given the power of attorney.

§ 32

Common provision

(1) Anyone who acts as a representative of a party in the proceedings or, where appropriate, as an additional representative of that party, must prove his authority at the first action he has taken.

(2) The representative of the participant may not be the one whose interests are contrary to the interests of the representative.

(3) The obligation of the court to provide the participant with the necessary lessons, calls or warnings may also be fulfilled by providing its representatives; This does not apply if a participant has granted its representative the power of attorney only for certain actions.

§ 35

(1) In the cases provided for by law, the public prosecutor or, where appropriate, the public prosecutor may make an application to initiate proceedings or to enter civil proceedings.

(2) In such proceedings, the Prosecutor's Office or the Prosecutor-General shall be entitled to any action which a party may perform, unless it is an act which only a party to the proceedings may perform.

§ 35a

(1) Specific legislation55a) provides in which cases and under which conditions the Office for the Representation of the State may make a request to initiate proceedings or to intervene in matters of property.

(2) Where the Office for the Representation of the State in respect of property matters enters the proceedings referred to in paragraph 1, it shall be entitled to all acts which may be carried out by a party to proceedings, unless they are acts which only a party to the proceedings may perform.

§ 35b

(1) In cases provided for by law, the Ombudsman may bring an application to initiate proceedings or enter civil proceedings. A child's rights guardian may entrust a staff member to the Ombudsman's and the child's Ombudsman's office.

(2) In the proceedings referred to in paragraph 1, the guardian of the rights of children shall be entitled to all acts which may be carried out by a party to proceedings, except in the case of acts which only a party to the proceedings may perform.

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Regulation Information

Citation	Act No. 99 / 1963 Coll., Civil Code
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	17.12.1963
Effective from	01.04.1964
Effective until	-
Status	Valid

The regulation text is for informational purposes only.

Act No. 99 / 1963 Coll.

Civil Code of Procedure

Contents

ČÁST PRVNÍ

Hlava první

§ 1

§ 2

§ 3

§ 5

§ 6

Hlava druhá

§ 7

§ 9

§ 9a

§ 10

§ 10a

§ 11

§ 12

§ 14

§ 15

§ 15a

§ 15b

§ 16

§ 16a

§ 16b

§ 17

Hlava třetí

§ 18

§ 19

§ 20

§ 21

§ 21a

§ 21b

§ 22

§ 23

§ 24

§ 25

§ 25a

§ 25b

§ 26

§ 26a

§ 27

§ 28

§ 28a

§ 29

§ 29a

§ 30

§ 31

§ 32

§ 35

§ 35a

§ 35b

Hlava čtvrtá

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